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City Council

Regular Meeting

Petersburg, VA · September 19, 2023

AgendaMinutes

Minutes

Minutes from the Petersburg City Council Closed Session meeting held on September 19, 2023 -1– The Closed Session Meeting of the Petersburg City Council was held on Tuesday, September 19, 2023, at the Petersburg Public Library. Mayor Parham called the Closed Session Meeting to order at 3:01 p.m. 1. ROLL CALL: Present: Council Member Annette Smith-Lee Council Member W. Howard Myers Council Member Arnold Westbrook, Jr. Vice Mayor Darrin Hill Mayor Samuel Parham Absent: Council Member Charles H. Cuthbert, Jr. Council Member Marlow Jones Present from City Administration: Clerk of Council Nykesha D. Lucas City Manager John March Altman, Jr. City Attorney Anthony Williams 2. CLOSED SESSION: a. The purpose of this meeting is to convene in the closed session pursuant to §2.2-3711(A)(3) of the Code of Virginia for the purpose of discussion or consideration of the acquisition of real property for a public purpose and the disposition of publicly held real property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, specifically including but not limited to the acquisition and disposition of real property and (7) and (8) of the Code of Virginia for the purpose of receiving legal advice and status update from the City Attorney and legal consultation regarding the subject of specific legal matters requiring the provision of legal advice by the city attorney, specifically including but not limited to discussion regarding Chapter 107 of the City Code; 58.1-608.3 of the Code of Virginia; Section 33-6 of the Petersburg Zoning Ordinance; 15.2-2100 of the Code of Virginia; Article VII Section 9 of the Virginia Constitution; and other matters requiring the legal advice of the City Attorney. Vice Mayor Hill made a motion that the City Council go into closed session for the purposes noted. Council Member Smith-Lee seconded the motion. On roll call vote, voting yes: Smith-Lee, Myers, Westbrook, Hill, and Parham; Absent: Cuthbert and Jones The City Council entered closed session at 3:02 p.m. CERTIFICATION: Mr. Williams stated, “The Mayor would entertain a motion to conclude the closed session called today to certify in accordance with §2.2-3712 that the Code of Virginia that to the best of each members knowledge that only public business matter lawfully exempted from the opening meeting requirements were discussed and that only such public business matters were identified in the motion by which the closed meeting was convened, heard, discussed, or considered. If any member believes that there was a departure from the foregoing requirements should state prior to the vote indicating the substance for departure in which he believes has occurred. This requires a roll call vote Mr. Mayor.” Council Member Westbrook made a motion to return the City Council to open session and certify the Minutes from the Petersburg City Council Closed Session meeting held on September 19, 2023 -2– purposes of the closed session. Council Member Myers seconded the motion. There was no discussion on the motion. The motion was approved on roll call vote. On roll call vote, voting yes: Cuthbert, Jones, Myers, Westbrook, Hill, and Parham; Absent: Smith-Lee 23-R-55 A RESOLUTION CERTIFYING, AS REQUIRED BY THE CODE OF VIRGINIA, SECTION 2.2- 3712, THAT TO THE BEST OF EACH MEMBER’S KNOWLEDGE, ONLY PUBLIC BUSINESS MATTERS LAWFULLY EXEMPTED FROM OPEN MEETING REQUIREMENTS OF VIRGINIA LAW WERE DISCUSSED IN THE CLOSED SESSION, AND ONLY SUCH PUBLIC BUSINESS MATTERS AS WERE IDENTIFIED IN THE MOTION CONVENING THE CLOSED SESSION WERE HEARD, DISCUSSED, OR CONSIDERED. City Council returned to open session at 4:53 pm Council Member Cuthbert made a motion to direct the city manager to take all actions necessary to acquire the properties necessary for Project Renew. Vice Mayor Hill seconded the motion. On roll call vote, voting yes: Cuthbert, Jones, Smith-Lee, Myers, Westbrook, Hill, and Parham 3. DISCUSSION/CONSIDERATION: a. Discussion and/or consideration of a request to appeal the Planning Commission recommendation of approval of 2023-REZ-05 (2255 Jamestown Road.) BACKGROUND: See attached information. RECOMMENDATION: To discuss and consider the appeal for 2255 Jamestown Road. Naomi Siodmok, Director of Planning & Community Development, gave a brief overview of the request. Ray Ferguson, appellant, stated that the schools were not contacted, and Fort Gregg-Adams was not contacted. He stated that the amount of school bus stops is a lot and that there is a lot of traffic on this road. He stated that the citizens were fully disadvantaged. He stated that the citizens were not fully aware of what is currently being proposed for the site and area. Sandy Graham, Attorney of Williams Mullen, stated that information was provided and that a letter was also written and sent out to council to give background on some of the issues. There was discussion among the city council and staff. Council Member Myers made a motion to deny the request for an appeal. Vice Mayor Hill seconded the motion. The motion was approved on roll call vote. On roll call vote, voting yes: Cuthbert, Smith-Lee, Myers, Westbrook, Hill, and Parham; Abstain: Jones 3. ADJOURNMENT: The City Council adjourned at 5:11 p.m. _________________________ Clerk of City Council APPROVED: Minutes from the Petersburg City Council Closed Session meeting held on September 19, 2023 -3– _________________________ Mayor

Agenda

City of Petersburg City Council Virginia Samuel Parham, Mayor – Ward 3 www.petersburgva.gov Darrin Hill, Vice Mayor – Ward 2 Marlow Jones, Councilor – Ward 1 Charlie Cuthbert, Councilor – Ward 4 W. Howard Myers, Councilor– Ward 5 September 19, 2023 - City Annette Smith-Lee, Councilor - Ward 6 Arnold Westbrook, Jr., Councilor – Ward 7 Council Closed Session City Administration September 19, 2023 John March Altman, Jr. - City Manager Anthony Williams - City Attorney Petersburg Public Library Nykesha D. Lucas - City Clerk 201 West Washington Street Petersburg, VA 23803 3:00 PM 1. Roll Call 2. Closed Session a. The purpose of this meeting is to convene in the closed session pursuant to: (1)§2.2-3711(A)(3) of the Code of Virginia for the purpose of discussion or consideration of the acquisition of real property for a public purpose and the disposition of publicly held real property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, specifically including but not limited to the acquisition and disposition of real property and (7) and (8) of the Code of Virginia for the purpose of receiving legal advice and status update from the City Attorney and legal consultation regarding the subject of specific legal matters requiring the provision of legal advice by the city attorney, specifically including but not limited to discussion regarding Chapter 107 of the City Code; 58.1-608.3 of the Code of Virginia; Section 33-6 of the Petersburg Zoning Ordinance; 15.2-2100 of the Code of Virginia; Article VII Section 9 of the Virginia Constitution; and other matters requiring the legal advice of the City Attorney. 3. Discussion and/or Consideration a. Discussion and/or consideration of a request to appeal the Planning Commission recommendation of approval of 2023-REZ-05 (2255 Jamestown Road). 4. Adjournment Page 1 of 11 3.a. City of Petersburg Ordinance, Resolution, and Agenda Request DATE: September 19, 2023 TO: The Honorable Mayor and Members of City Council THROUGH: March Altman, Jr., City Manager FROM: Naomi Siodmok RE: Discussion and/or consideration of a request to appeal the Planning Commission recommendation of approval of 2023-REZ-05 (2255 Jamestown Road). PURPOSE: Discussion of an appeal request for 2255 Jamestown Road. REASON: Request for an appeal for 2255 Jamestown Road. RECOMMENDATION: To discuss and consider the appeal for 2255 Jamestown Road. BACKGROUND: See attached information. COST TO CITY: N/A BUDGETED ITEM: N/A REVENUE TO CITY: N/A CITY COUNCIL HEARING DATE: 9/19/2023 CONSIDERATION BY OTHER GOVERNMENT ENTITIES: N/A AFFECTED AGENCIES: N/A RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: N/A REQUIRED CHANGES TO WORK PROGRAMS: N/A ATTACHMENTS: 1. 2255 Jamestown Road 3287 County Drive - Appeal Page 2 of 11 Request to Appeal CITY COUNCIL the Planning MEETING Commission SEPTEMBER 19, 2023 Recommendation of Approval for 2023-REZ-05 Page 3 of 11 Background Planning Commission recommended approval with a proffer of a petition to rezone the property located at 2255 Jamestown Road from A, Agricultural Zoning, District to M-1, Light Industrial Zoning, District and 2262 County Drive from B-2, General Commercial Zoning, District to M-1, Light Industrial Zoning, District. Page 4 of 11 Background (continued) A request to appeal the Planning Commission decision on 2023-REZ-05 was submitted via email by Ray Ferguson of Poe Lane with support from Ann and Herman Burgess of Poe Lane on August 28th. Appendix A Article I Section 33-6. – Appeals from decisions of planning commission permits the request for appeals. Page 5 of 11 Stated Basis for Appeal The appeal is based on the following items as identified by the appellant: 1) Failure to submit the Williams Mullen 20-page document dated 07/10/2023 to the public prior to the Planning Commission meeting on August 17th. 2) Lack of input from Fort Gregg-Adams as required by Code of Virginia § 15.2-2211 and from Petersburg Public Schools. 3) No drawings as to how an 18-wheeler acceleration lane will look and impact HWY 460. Page 6 of 11 1) The Williams Mullen Document - Response This document was received from the applicant representative via email on 8/16 and uploaded to the Planning Commission packet on 8/17 on the Agendas and Minutes page. Page 7 of 11 Fort Gregg-Adams – VA State Code § 15.2-2211. Cooperation of local planning commissions and other agencies. …The planning commission of any locality shall consult with the installation commander of any military installation that will be affected by potential development within the locality so as to reasonably protect the military installation against any adverse effects that might be caused by the development… Page 8 of 11 Fort Gregg-Adams + Public Schools – Petersburg Code Fort Gregg-Adams, Colonel Jim Hoyman, Garrison Commander was contacted on 9/6/2023 with the plans. He acknowledged receipt and shared the plans with his team. School Superintendent was called on 9/6/2023 and a voicemail was left. Called back 9/13 and a voicemail was left. Email sent on 9/13 with the full case packet requesting feedback and notifying the Superintendent of the Council meeting date. Page 9 of 11 3) Details on the project’s acceleration lane. There is no outgoing acceleration lane, so there is no acceleration lane diagram to review. Only an inbound taper lane is warranted, and no outbound acceleration lane. Page 10 of 11 Fort Gregg-Adams Fort Gregg-Adams Page 11 of 11

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