Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 3, 2015, at 7:00 p.m. PRESENT Council Members - Linda T. Johnson, Mayor, presiding Leroy Bennett, Vice Mayor Michael D. Duman Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Curtis R. Milteer, Sr. Lue R. Ward, Jr. Patrick G. Roberts, Interim City Manager Helivi L. Holland, City Attorney Erika S. Dawley, City Clerk ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Johnson called the meeting to order. Council Member Milteer offered the Invocation and the Pledge of Allegiance to the Flag. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of June 3, 2015, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Duman, moved that the resolution be approved, as presented, by the following vote: A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JUNE 3, 2015, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Duman, moved to approve the minutes from the May 20, 2015, Work Session, as presented, by the following vote: 1
SPECIAL PRESENTATIONS There were no items under this portion of the agenda. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Johnson asked if any members of City Council wished to remove any Consent Agenda items for separate action. Hearing no requests for removal any of the items, Mayor Johnson advised that a motion was in order at this time to adopt the agenda as outlined. Council Member Duman, on a motion seconded by Council Member Milteer, moved to adopt the agenda, as presented, by the following vote: AGENDA SPEAKERS Geoff Payne, 120 Northgate Lane, representing self, opined about Item #17 - a resolution supporting the Virginia Housing Development Authority s (VHDA) financing of the Meridian at Obici Place Multi-Family Apartment Project. Stella Payne, 120 Northgate Lane, representing self, opined about Item #17 - a resolution supporting the Virginia Housing Development Authority s (VHDA) financing of the Meridian at Obici Place Multi-Family Apartment Project. J. Harold Faulk, 3282 Jackson Road, representing the Economic Development Authority, spoke in support of Item #17 - a resolution supporting the Virginia Housing Development Authority s (VHDA) financing of the Meridian at Obici Place Multi-Family Apartment Project. Kenneth Stout, 315 West Constance Road, Unit 303, was not present when called. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 An ordinance to authorize the transfer of Urban Formula funds from the Bridge Road and Bennett s Pasture Road Intersection Project to the Bridge Road and Lee Farm Lane Intersection Project Consent Agenda Item #8 An ordinance to appropriate excess Risk Fund Revenues received during Fiscal Year 2014-2015 and/or funds from the Risk Fund Balance not to exceed $510,000 for use in addressing additional contributions to Other Post-Employment Benefits (OPEB) 2
Consent Agenda Item #9 - An ordinance amending Chapter 38, Article II of the Code of the City of Suffolk for the purpose of replacing the term rescue with emergency medical services in accordance with changes to the Code of Virginia Consent Agenda Item #10 - An ordinance amending Section 38-32 of the City Code concerning the Department of Fire and Rescue in reference to Departmental rules and regulations for the purpose of removing the language referencing the Fire and EMS Commission Consent Agenda Item #11 - An ordinance amending Section 38-38 of the City Code concerning the recognition of fire and rescue organizations as part of the safety program of the City Council Member Milteer asked for an overview of Consent Agenda Items #7 through #11 - an ordinance to authorize the transfer of Urban Formula funds from the Bridge Road and Bennett s Pasture Road Intersection Project to the Bridge Road and Lee Farm Lane Intersection Project; an ordinance to appropriate excess Risk Fund Revenues received during Fiscal Year 2014-2015 and/or funds from the Risk Fund Balance not to exceed $510,000 for use in addressing additional contributions to Other Post-Employment Benefits (OPEB); an ordinance amending Chapter 38, Article II of the Code of the City of Suffolk for the purpose of replacing the term rescue with emergency medical services in accordance with changes to the Code of Virginia; an ordinance amending Section 38-32 of the City Code concerning the Department of Fire and Rescue in reference to Departmental rules and regulations for the purpose of removing the language referencing the Fire and EMS Commission; and an ordinance amending Section 38-38 of the City Code concerning the recognition of fire and rescue organizations as part of the safety program of the City. Council Member Fawcett called for a summary on Consent Agenda Items #9 and #10 - an ordinance amending Chapter 38, Article II of the Code of the City of Suffolk for the purpose of replacing the term rescue with emergency medical services in accordance with changes to the Code of Virginia and an ordinance amending Section 38-32 of the City Code concerning the Department of Fire and Rescue in reference to Departmental rules and regulations for the purpose of removing the language referencing the Fire and EMS Commission Referring to Consent Agenda Items #7 through #11, Interim City Manager Roberts submitted an overview of the background information as printed in the official agenda. Referring to Consent Agenda Items #9 through #11, Deputy City Attorney William Hutchins gave a report on the background information as printed in the official agenda. Referring to the presentation, Council Member Fawcett sought clarification about any potential impact on the City s volunteer rescue squads. Deputy City Attorney Hutchins stated that the proposed ordinances only bring the City Code into conformity with the State Code, and the City cannot control the nomenclature used by volunteer rescue squads. Referring to the presentation, Council Member Goldberg opined about any potential impact on the volunteer rescue squads. City Attorney Holland advised that the proposed ordinances do not have any impact on operational matters regarding fire and rescue services on the City side or on the volunteer rescue side. 3
Council Member Milteer, on a motion seconded by Council Member Duman, moved to approve the Consent Agenda, as presented, by the following vote: Goldberg, T. Johnson, Milteer and Ward 7 NAYS: Council Member Fawcett 1 PUBLIC HEARINGS Public Hearing An ordinance to authorize a quitclaim deed between the City of Suffolk, Grantor, and Running in Clogs, LLC, et al., Grantees, for property located at 1928 Holland Road, Tax Map Parcel 33B*18F Mayor Johnson announced that announced that she would abstain from any action or discussion on the proposed ordinance as he has a personal interest in the transaction. Vice Mayor Bennett presided over the meeting. Utilizing a PowerPoint presentation, Acting Deputy City Manager D. Scott Mills offered a review of the background information as printed on the official agenda. Steve Romine, 999 Waterside Drive, Norfolk, Virginia, representing Running in Clogs, LLC, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Duman, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AYES: Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward 7 ABSTAIN: Mayor Johnson 1 AN ORDINANCE TO AUTHORIZE A QUITCLAIM DEED BETWEEN THE CITY OF SUFFOLK, GRANTOR, AND RUNNING IN CLOGS, LLC, ET AL., GRANTEES, FOR PROPERTY LOCATED AT 1928 HOLLAND ROAD, TAX MAP PARCEL 33B*18F Mayor Johnson resumed presiding over the meeting. ORDINANCES Ordinances An ordinance to rezone and amend the official zoning map of the City of Suffolk in order to amend the approved proffered conditions pertaining to the exterior architectural design and building material used for construction of the remaining residential units within the Prentis Place development for property located at 315 West Constance Road Utilizing a PowerPoint presentation, Acting Deputy City Manager Mills supplied a synopsis of the background information as printed in the official agenda. 4
Council Member Fawcett moved to approve the ordinance as presented. The motion failed to receive a second. Council Member Goldberg opined about existing drainage issues on the parcel under consideration. Acting Deputy City Manager Mills replied that City staff can examine the site plan to address those issues and will work with the new owner of the parcel on this matter. Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to approve the ordinance, as presented, by the following vote: Fawcett, T. Johnson, Milteer and Ward 7 NAYS: Council Member Goldberg 1 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK IN ORDER TO AMEND THE APPROVED PROFFERED CONDITIONS PERTAINING TO THE EXTERIOR ARCHITECTURAL DESIGN AND BUILDING MATERIAL USED FOR CONSTRUCTION OF THE REMAINING RESIDENTIAL UNITS WITHIN THE PRENTIS PLACE DEVELOPMENT FOR PROPERTY LOCATED AT 315 WEST CONSTANCE ROAD Ordinance An ordinance to grant relief from the ten (10) year post conveyance holding period for a parcel of land identified as Tax Map 78*26*3*2 created through a family transfer conveyance in accordance with Section 31-514 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Acting Deputy City Manager Mills gave a report on the background information as printed in the official agenda. Council Member Milteer, on a motion seconded by Council Member Duman, moved to approve the ordinance, as presented, by the following vote: AN ORDINANCE TO GRANT RELIEF FROM THE TEN (10) YEAR POST CONVEYANCE HOLDING PERIOD FOR A PARCEL OF LAND IDENTIFIED AS TAX MAP 78*26*3*2 CREATED THROUGH A FAMILY TRANSFER CONVEYANCE IN ACCORDANCE WITH SECTION 31-514 OF THE UNIFIED DEVELOPMENT ORDINANCE Ordinance An ordinance to grant relief from the ten (10) year post conveyance holding period for a parcel of land identified as Tax Map 78*26*3*3 created through a family transfer conveyance in accordance with Section 31-514 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Acting Deputy City Manager Mills offered a summation of the background information as printed in the official agenda. 5
Referring to the presentation, Council Member Milteer asked about the expiration of the ten year post conveyance holding period for the parcel under consideration. Acting Deputy City Manager Mills advised that period expires on May 8, 2018. Referring to the presentation, Council Member Milteer queried about the criteria to grant relief from the ten year post conveyance holding period for a family transfer conveyance. Acting Deputy City Manager Mills stated that the City s Unified Development Ordinance requires specific hardships in order to grant relief from the ten year post conveyance period. Council Member Duman, on a motion seconded by Council Member Ward, moved to approve the ordinance, as presented, by the following vote: AN ORDINANCE TO GRANT RELIEF FROM THE TEN (10) YEAR POST CONVEYANCE HOLDING PERIOD FOR A PARCEL OF LAND IDENTIFIED AS TAX MAP 78*26*3*3 CREATED THROUGH A FAMILY TRANSFER CONVEYANCE IN ACCORDANCE WITH SECTION 31-514 OF THE UNIFIED DEVELOPMENT ORDINANCE Ordinance An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from B-2, General Commercial zoning district, (Conditional), to MUD, Mixed Use Development Overlay zoning district, (Conditional) for property located at 1900 N. Main Street, Zoning Map 25, Parcel 45; RZ09-14 (Conditional) (The item was continued from the May 20, 2015, City Council meeting.) Council Member Fawcett announced that he would abstain from any action or discussion on the proposed ordinance as he has a personal interest in the transaction at issue, Rezoning Request RZ09-14 and Item #17 - a resolution supporting the Virginia Housing Development Authority s (VHDA) financing of the Meridian at Obici Place Multi-Family Apartment Project. Utilizing a PowerPoint presentation, Acting Deputy City Manager Mills, Economic Development Director Kevin Hughes, and Traffic Engineer Robert Lewis summarized the background information as printed in the official agenda. Council Member Goldberg asked resident Jeff Johnson about the feasibility of a study to explore the highest and best uses of the parcel under consideration. Mr. Johnson said a third-party comprehensive study of the highest and best uses of the parcel under consideration was warranted. Council Member Goldberg asked resident Geoff Payne to address his concerns regarding traffic on North Main Street as it relates to the proposed ordinance. Mayor Johnson asked City Attorney Holland if this line of questions was akin to holding another public hearing on the proposed ordinance. City Attorney Holland advised that it was a matter to be determined by City Council but the public hearing on the proposed ordinance was closed. She added that if it was the will of City Council to conduct another public hearing on the proposed ordinance, a motion would be required, and the public hearing would require advertisement in accordance with the State Code. 6
Referring to the presentation, Council Member Goldberg called for information on the jobs to housing ratio as it relates to the retail and commercial uses of the mixed use development. Economic Development Director Hughes stated that approximately 97% of the jobs generated from the proposed project would come from the retail and commercial uses. Members of City Council opined about the proposed ordinance. Council Member Duman, on a motion seconded by Council Member Ward, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor L. Johnson, and Council Members Duman, Milteer and Ward 4 NAYS: Vice Mayor Bennett and Council Members Goldberg and T. Johnson 3 ABSTAIN: Council Member Fawcett 1 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM B-2, GENERAL COMMERCIAL ZONING DISTRICT, (CONDITIONAL), TO MUD, MIXED USE DEVELOPMENT OVERLAY ZONING DISTRICT, (CONDITIONAL), FOR PROPERTY LOCATED AT 1900 NORTH MAIN STREET, ZONING MAP 25, PARCEL 45; RZ09-14 (CONDITIONAL) RESOLUTIONS Resolution A resolution supporting the Virginia Housing Development Authority s (VHDA) financing of the Meridian at Obici Place Multi-Family Apartment Project (This item was continued from the May 20, 2015, City Council meeting.) Council Member Fawcett previously announced that he would abstain from any action or discussion on the proposed resolution as he has a personal interest in the transaction. Utilizing a PowerPoint presentation, Acting Deputy City Manager Mills provided an overview of the background information as printed in the official agenda. Council Member Duman, on a motion seconded by Council Member Milteer, moved to approve the resolution, as presented: AYES: Mayor L. Johnson, and Council Members Duman, Milteer and Ward 4 NAYS: Vice Mayor Bennett and Council Members Goldberg and T. Johnson 3 ABSTAIN: Council Member Fawcett 1 A RESOLUTION SUPPORTING THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY S (VHDA) FINANCING OF THE MERIDIAN AT OBICI PLACE MULTI-FAMILY APARTMENT PROJECT STAFF REPORTS There were no items under this portion of the agenda. 7
MOTIONS Motion A motion to schedule a public hearing for the June 17, 2015, City Council meeting, regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2015 Council Member Fawcett, on a motion seconded by Council Milteer, moved to schedule a public hearing for the June 17, 2015, City Council meeting regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2015, by the following vote: Motion A motion to schedule a Work Session for June 17, 2015, at 4:00 p.m., unless cancelled Council Member Fawcett, on motion seconded by Council Member Duman, moved to schedule a Work Session for June 17, 2015, at 4:00 p.m., by the following vote: NON-AGENDA SPEAKERS Andy Damani, 701 Dumville Avenue, was not present when called. Charles Deberry, 4901 Buchanan Street, was not present when called. Mary Deberry, 4901 Buchanan Street, was not present when called. The following individuals opined about the Meridian at Obici Place Multi-Family Apartment Project: Domeneck Epps, 2208 Georgia Avenue, representing self. Monette Harrell, 407 West Riverview Drive, representing self. Jeff Johnson, 709 Jones Street, representing self. Cynthia Ferguson, 1115 Pine Valley Drive, representing self. NEW BUSINESS City Clerk Dawley presented the following boards and commissions for City Council s consideration: Fine Arts Commission Lynn Cross (effective July 1, 2015) and Katie Stallings; Historic Landmarks Commission Merritt Draper and Vivian Turner; Library Advisory Board Ernestine Langston; Parks and Recreation Advisory Commission Ivery Knight; Planning Commission Mills Staylor (effective July 1, 2015); Sister Cities Commission Dorothy Brinkley, Mary Jane Naismith and Mary Anne Persons; Suffolk Redevelopment and Housing Authority Board of Commissioners William Freeman (effective July 1, 2015), Ben Fitzgerald (effective July 1, 2015) and Roy Waller. 8
Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to appoint the above referenced individuals to the aforementioned bodies, by the following vote: Fawcett, Goldberg, T. Johnson, Milteer and Ward. 8 ANNOUNCEMENTS AND COMMENTS Utilizing PowerPoint presentation, Media and Community Relations Manager Timothy Kelley reported on the following: the appointment of Acting Deputy City Manager D. Scott Mills; the Relay for Life Golf Tournament; the American Heart Association s HeartChase Challenge; the Suffolk Police Department Badge Pinning Ceremony; the Relay for Life Flag Football Game; the Youth Achievement Awards; the 7 Blocc Community Forum; the National Night Out Community Kickoff; the City s ranking as one of the Top 20 Best Cities for Young Families in Virginia for 2015 by NerdWallet; the City s mosquito control webpage and the City s e newsletter. Council Member Johnson thanked City staff for their assistance. Council Member Johnson extended his condolences to the family of the late Wayne Sawyer. Council Member Milteer advised he attended the Memorial Day observance at the Albert G. Horton Veterans Cemetery. Council Member Milteer reported on high grass on Copeland Road. Council Member Fawcett acknowledged the appointment of Acting Deputy City Manager Mills. Council Member Fawcett advised that he attended the American Heart Association s HeartChase and the Virginia Municipal League s Legislative Committee meeting. Council Member Fawcett extended his condolences to the family of the late Wayne Sawyer. Council Member Ward thanked City staff for their assistance. Council Member Ward acknowledged public comments on the Meridian at Obici Place Multi-Family Apartment Project. Council Member Ward advised he attended the Tabernacle Gardens Assisted Living Open House and a meeting of the Pughsville Civic League. Council Member Ward called on Police Chief Thomas Bennett to address a recent increase in burglaries in the Harbourview area. Police Chief Bennett provided an overview of this matter. Council Member Duman reported he attended the Relay for Life Golf Tournament and the City Employee Appreciation Luncheon. Council Member Duman opined about the American Heart Association s HeartChase and the Meridian at Obici Place Multi-Family Apartment Project. 9
Vice Mayor Bennett recognized Pastor Darrell Wade from Macedonia African Methodist Episcopal Church. Vice Mayor Bennett advised he attended the following; the Suffolk Police Department Badge Pinning; the funeral of the late Clifton Winborne; the Tabernacle Gardens Assisted Living Open House; the City Employee Appreciation Luncheon; and the Youth Achievement Awards. Vice Mayor Bennett queried about the feasibility of opening the joint use recreation centers on weekends. Vice Mayor Bennett opined about the Parks and Recreation Master Plan presentation at today s Work Session. Vice Mayor Bennett acknowledged public comments on the Meridian at Obici Place Multi-Family Apartment Project. Mayor Johnson congratulated those recognized at the recent Suffolk Police Department Badge Pinning. Mayor Johnson reported on a recent meeting of the Hampton Roads Military and Federal Facilities Alliance and the upcoming United States Cyber Command Distinguished Visitor s Day Cyber Guard 2015. Mayor Johnson acknowledged public comments on the Meridian at Obici Place Multi-Family Apartment Project. Mayor Johnson said she participated in the American Heart Association s Heart Chase and offered condolences to the family of the late Wayne Sawyer. Council Member Fawcett, on a motion seconded by Council Member Milteer, moved to adjourn, by the following vote: There being no further business to come before City Council, the regular meeting was adjourned at 10:01 p.m. Teste: Erika S. Dawley, MMC, City Clerk APPROVED: JUNE 17, 2015 Approved: Linda T. Johnson, Mayor 10