City Council Meeting Agendas

City Council Regular Meeting July 21, 2021 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, July 21, 2021, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Lue R. Ward, Jr. LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Council Member Goldberg offered the Invocation and led the Pledge of Allegiance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of July 21, 2021, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to approve the resolution, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JULY 21, 2021, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Johnson, on a motion seconded by Council Member Williams, moved to approve the January 20, 2021, Work Session and Regular Meeting, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 1 City Council Regular Meeting July 21, 2021 SPECIAL PRESENTATIONS A. Special Presentation - 2021 National Night Out Invitation Utilizing a video presentation, Media and Community Relations Director Diana Klink provided an overview of the above referenced event. Mayor Duman presented the proclamation to Interim Police Chief Alfred Chandler. B. Special Presentation - Suffolk Police Department’s Explorer Program Interim Police Chief Chandler offered a report on the above referenced item. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Duman advised that a motion was in order at this time to adopt the agenda, as presented. He then advised that City Manager Moor had additional information for City Council. City Manager Moor announced that the agenda needed to be amended to add the following item under New Business – a motion to schedule a public hearing at the August 18, 2021, City Council meeting to receive comment on the Transit Master Plan Council Member Johnson, on a motion seconded by Council Member Goldberg, moved to amend the agenda to add the following item under New Business – a motion to schedule a public hearing at the August 18, 2021, City Council meeting to receive comment on the Transit Master Plan and to adopt the remainder of the agenda, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AGENDA SPEAKERS Devon Pilkington, 304 West Liberty Spring Road, representing self, spoke in support of Item 24 - An ordinance to grant relief from the ten (10) year post conveyance holding period for a parcel of land identified as Tax Map Parcel 54*5C*1 created through a family transfer conveyance in accordance with Section 31-514 of the Unified Development Ordinance CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to add the Mental Health Consultant position to the City of Suffolk Compensation Plan Consent Agenda Item #8 - An ordinance to accept and appropriate additional funds from the Virginia Department of Rail and Public Transportation for the City of Suffolk’s public transit service Consent Agenda Item #9 - A resolution to endorse project applications under the Revenue Sharing Funding Program for fiscal years 2027 and 2028 2 City Council Regular Meeting July 21, 2021 Consent Agenda Item 10 - A resolution to endorse project applications under the Transportation Alternatives Funding Program Consent Agenda Item #11 - A resolution rescinding a local emergency Consent Agenda Item #12 - A resolution confirming the appointment of Karla D. Carter as Deputy City Attorney Referring to Consent Agenda Items #7 through #12, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the Consent Agenda, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance to accept and appropriate American Rescue Plan Act (ARPA) funds from the United States Department of Treasury to assist in the response and recovery of the COVID-19 Pandemic Utilizing a PowerPoint presentation, Interim Deputy City Manager Kevin Hughes provided a synopsis of the background information as printed in the official agenda. Carolyn White, 4216 Coltrane Avenue, representing the Pughsville Civic League, opined about the timeline for infrastructural improvements in Pughsville. Kelly Hengler, 9345 Eclipse Drive, representing the Crittenden Eclipse Hobson Heritage Civic League, opined about the infrastructure in Oakland and Chuckatuck. Pamela Brandy, 5016 Pearl Street, Chesapeake, Virginia, representing the Pughsville Civic League, opined about the timeline for infrastructural improvements in Pughsville. Claudia Holland, 9341 Rivershore Drive, representing the Crittenden Eclipse Hobson Heritage Civic League, spoke in support of the proposed ordinance, as presented. Ronnie Newsome, 141 Shell Road, representing self, opined about the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Butler Barlow, moved to approve the ordinance, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 3 City Council Regular Meeting July 21, 2021 AN ORDINANCE TO ACCEPT AND APPROPRIATE AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FROM THE UNITED STATES DEPARTMENT OF TREASURY TO ASSIST IN THE RESPONSE AND RECOVERY OF THE COVID-19 PANDEMIC Bid Opening & Public Hearing – An ordinance authorizing the City Manager to enter into a ground lease concerning approximately .67 acres, more or less, of City property located in the City of Suffolk, Virginia and also being a part of that property known as tax map parcel number 44*62, for a term in excess of five years. Mayor Duman explained that this agenda item concerns an ordinance regarding an invitation for bids for a ground lease for a term not to exceed 30 years and comprised of approximately .67 acres, located in the City of Suffolk and specifically located within the bounds of that certain parcel known as Tax Map Parcel Number 44*62, said parcel being the location of the Suffolk Executive Airport. Because the Lease will be in excess of five years, the City has advertised for bids in accordance with Section 15.2- 2101 of the Code of Virginia (1950), as amended. The ground lease to be awarded shall be for the purpose of maintaining an existing and occupied corporate airport hangar located on the Leased Premises, and including all permitted uses associated therewith Mayor Duman read the following summary of bid that has been received: Bidder: FLMD, Incorporated Mayor Duman asked if there were any additional bids for consideration. Hearing none, the bidding was declared closed, and Mayor Duman asked for staff recommendation regarding the bid received. Utilizing a PowerPoint presentation, Interim Economic Development Director Gregory Byrd gave a summation of the background information as printed in the official agenda. Mayor Duman opened the public hearing to receive comment on the award of the bid to successful bidder, FLMD, Incorporated. Hearing no speakers, the public hearing was closed. Mayor Duman announced that if it is the pleasure of City Council, a motion would be in order to award the bid to FLMD, Incorporated and to adopt an ordinance authorizing the City Manager to execute a ground lease with FLMD, Incorporated, as the Lessee. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to award the bid to FLMD, Incorporated and to adopt an ordinance authorizing the City Manager to execute a ground lease with FLMD, Incorporated, as the Lessee, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 4 City Council Regular Meeting July 21, 2021 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A GROUND LEASE CONCERNING APPROXIMATELY .67 ACRES, MORE OR LESS, OF CITY PROPERTY LOCATED IN THE CITY OF SUFFOLK, VIRGINIA AND ALSO BEING A PART OF THAT PROPERTY KNOWN AS TAX MAP PARCEL NUMBER 44*62, FOR A TERM IN EXCESS OF FIVE YEARS Bid Opening & Public Hearing – An ordinance authorizing the City Manager to enter into a ground lease concerning approximately .49 acres, more or less, of city property located in the City of Suffolk, Virginia and also being a part of that property known as tax map parcel number 44*62, for a term in excess of five years. Mayor Duman explained this agenda item concerns an ordinance regarding an invitation for bids for a ground lease for a term not to exceed 30 years and comprised of approximately .49 acres, located in the City of Suffolk and specifically located within the bounds of that certain parcel known as Tax Map Parcel Number 44*62, said parcel being the location of the Suffolk Executive Airport. Because the Lease will be in excess of five years, the City has advertised for bids in accordance with Section 15.2- 2101 of the Code of Virginia (1950), as amended. The ground lease to be awarded shall be for the purpose of maintaining an existing and occupied corporate airport hangar located on the Leased Premises, and including all permitted uses associated therewith. Mayor Duman read the following summary of bid that has been received: Bidder: Bay Avionics Holdings, LLC Mayor Duman asked if there were any additional bids for consideration. Hearing none, the bidding was declared closed, and Mayor Duman asked for staff recommendation regarding the bid received. Utilizing a PowerPoint presentation, Interim Economic Development Director Byrd offered a report of the background information as printed in the official agenda. Mayor Duman opened the public hearing to receive comment on the award of the bid to successful bidder, Bay Avionics Holdings, LLC Hearing no speakers, the public hearing was closed. Mayor Duman announced that if it is the pleasure of City Council, a motion would be in order to award the bid to Bay Avionics, LLC and to adopt an ordinance authorizing the City Manager to execute a ground lease with Bay Avionics, LLC, Incorporated, as the Lessee. Council Member Goldberg, on a motion seconded by Council Member Williams, moved to award the bid to Bay Avionics, LLC and to adopt an ordinance authorizing the City Manager to execute a ground lease with Bay Avionics, LLC, as the Lessee, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 5 City Council Regular Meeting July 21, 2021 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A GROUND LEASE CONCERNING APPROXIMATELY .49 ACRES, MORE OR LESS, OF CITY PROPERTY LOCATED IN THE CITY OF SUFFOLK, VIRGINIA AND ALSO BEING A PART OF THAT PROPERTY KNOWN AS TAX MAP PARCEL NUMBER 44*62, FOR A TERM IN EXCESS OF FIVE YEARS Bid Opening & Public Hearing – An ordinance authorizing the City Manager to enter into a ground lease concerning approximately .25 acres, more or less, of city property located in the City of Suffolk, Virginia and also being a part of that property known as tax map parcel number 44*62, for a term in excess of five years. Mayor Duman explained this agenda item concerns an ordinance regarding an invitation for bids for a ground lease for a term not to exceed thirty (30) years (“Lease”) and comprised of approximately .25 acres (“Leased Premises”), located in the City of Suffolk and specifically located within the bounds of that certain parcel known as Tax Map Parcel Number 44*62, said parcel being the location of the Suffolk Executive Airport. Because the Lease will be in excess of five years, the City has advertised for bids in accordance with Section 15.2-2101 of the Code of Virginia (1950), as amended. The ground lease to be awarded shall be for the purpose of maintaining an existing and occupied corporate airport hangar located on the Leased Premises, and including all permitted uses associated therewith. Mayor Duman read the following summary of bid that has been received: Bidder: Hughes R. Dellinger Mayor Duman asked if there were any additional bids for consideration. Hearing none, the bidding was declared closed, and Mayor Duman asked for staff recommendation regarding the bid received. Utilizing a PowerPoint presentation, Interim Economic Development Director Byrd submitted a review of the background information as printed in the official agenda. Mayor Duman opened the public hearing to receive comment on the award of the bid to successful bidder, Hughes R. Dellinger. Hearing no speakers, the public hearing was closed. Mayor Duman announced that if it is the pleasure of City Council, a motion would be in order to award the bid to Hughes R. Dellinger and to adopt an ordinance authorizing the City Manager to execute a ground lease with Hughes R. Dellinger, as the Lessee. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to award the bid to Hughes R. Dellinger and to adopt an ordinance authorizing the City Manager to execute a ground lease with Hughes R. Dellinger, as the Lessee, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 6 City Council Regular Meeting July 21, 2021 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A GROUND LEASE CONCERNING APPROXIMATELY .25 ACRES, MORE OR LESS, OF CITY PROPERTY LOCATED IN THE CITY OF SUFFOLK, VIRGINIA AND ALSO BEING A PART OF THAT PROPERTY KNOWN AS TAX MAP PARCEL NUMBER 44*62, FOR A TERM IN EXCESS OF FIVE YEARS Public Hearing – 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, to RU, Residential Urban zoning district, for property located at northeast quadrant of the bisection between the Rt. 58 Bypass and Murphy’s Mill Road, Zoning Map 25, Parcel 70B, Account Number 253374100; RZN2021-007 (Conditional) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Robert Goumas provided a synopsis of the background information as printed in the official agenda. Grier Ferguson, 332 West Constance Road, Ferguson, Rawls and Raines, P.C., agent, representing Bob Arnette, Murphy’s Mill Road Associates, LLC, applicant, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed, Council Member Goldberg, on a motion seconded by Council Member Williams, moved to approve the ordinance, as presented: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 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, TO RU, RESIDENTIAL URBAN ZONING DISTRICT, FOR PROPERTY LOCATED AT NORTHEAST QUADRANT OF THE BISECTION BETWEEN THE RT. 58 BYPASS AND MURPHY’S MILL ROAD, ZONING MAP 25, PARCEL 70B, ACCOUNT NUMBER 253374100; RZN2021-007 (CONDITIONAL) Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from A, Agriculture zoning district, to RLM, Residential Low-Medium Density zoning district, for property located at 2534 Jackson Road, Zoning Map 43, Parcels 22 and 21A, Account Numbers 152397000 and 152398000; RZN2021-011 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas offered a report of the background information as printed in the official agenda. Grier Ferguson, 332 West Constance Road, Ferguson, Rawls and Raines, P.C., agent, representing Bob Arnette, Meadows Landing Associates, LLC, applicant, spoke in support of the proposed ordinance, as presented. Thomas Cross, 2562 Jackson Road, representing self, spoke in opposition to the proposed ordinance, as presented. 7 City Council Regular Meeting July 21, 2021 Grier Ferguson, 332 West Constance Road, Ferguson, Rawls and Raines, P.C., agent, representing Bob Arnette, Meadows Landing Associates, LLC, applicant, asked to table the matter for 30 days to have time to discuss the project with Mr. Cross. Hearing no additional speakers, the public hearing was closed. Vice Mayor Bennett, on a motion seconded by Council Member Williams, moved to continue consideration of the proposed ordinance to the August 18, 2021, City Council meeting, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Public Hearing – An ordinance to grant a Conditional Use Permit to establish a Public assembly not otherwise enumerated, on property located at 2690 Bridge Road, Zoning Map 5D(2A), Parcel A*2, Account Number 304369100; CUP2020-015 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas furnished a summation of the background information as printed in the official agenda. William Gardner, 333 Thelmar Lane, Portsmouth, Virginia, Sturtevants Funeral Home, property owner, requested the removal of conditions #2 and #7, and approval of the remaining conditions, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to remove conditions #2 and #7 and approve the remaining conditions, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PUBLIC ASSEMBLY NOT OTHERWISE ENUMERATED, ON PROPERTY LOCATED AT 2690 BRIDGE ROAD, ZONING MAP 5D(2A), PARCEL A*2, ACCOUNT NUMBER 304369100; CUP2020-015, AS AMENDED Public Hearing – An ordinance to grant a Conditional Use Permit to establish a solar energy facility, on property located at 6245 Holland Road, Zoning Map 40, Parcel 48; Account Number 152497000; CUP2021-009 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas gave an overview of the background information as printed in the official agenda. Kieran Siao, 3280 Peachtree Road, Atlanta, Georgia, Director of Development, Dimension Renewable Energy, representing CSG-Holland Road Solar Facility, spoke in support of the propose ordinance, with conditions, as presented. 8 City Council Regular Meeting July 21, 2021 Hearing no additional speakers, the public hearing was closed. Council Member Johnson sought information about any meetings between the applicant and the adjacent property owners about the proposed solar farm. Mr. Siao replied that no meetings were held with the adjacent property owners regarding the proposed solar farm. Council Member Johnson opined about the applicant’s knowledge that residents in area near the proposed solar farm had interest in purchasing the parcel under consideration. Mr. Siao reported he was unware any residents in the area near the proposed solar farm had an interest in purchasing the parcel under consideration. Council Member Johnson called for clarification about the applicant’s access through the Virginia Polytechnic Institute and State University Tidewater Agricultural Research and Extension Center. Mr. Siao said that his company is working with the Virginia Polytechnic Institute and State University to obtain an easement. Council Member Johnson asked about the process of determining which customers receive a discount on their electricity generated by the proposed solar farm. Mr. Siao explained that customer participation is completely voluntary. Council Member Johnson opined about the applicant’s site selection process for the proposed solar farm. Ms. Siao indicated that his company considered a number of sites for the proposed solar farm. Council Member Goldberg move to approve the ordinance, with conditions, as presented. The motion failed to receive a second. Referring to the presentation, Council Member Fawcett inquired about the screening vegetation requirements for the proposed solar farm. Interim Planning and Community Development Director Goumas advised, last fall City Council approved amendments to the Unified Development Ordinance regarding screening vegetation for solar farms. Referring to the presentation, Council Member Fawcett opined about the applicant’s compliance with the City’s regulations regarding solar farms. Interim Planning and Community Development Director Goumas said the City is in the early phase of addressing new solar farm requirements; therefore, the current guidelines require a conditional use permit for the proposed solar farm at this time. Referring to the presentation, Council Member Fawcett queried about the maintenance for the parcel under consideration for the proposed solar farm. Interim Planning and Community Development Director Goumas replied that the applicant would be responsible for the maintenance of the parcel as outlined in the proposed conditions. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented. Council Member Ward opined about any potential limit of the number of solar farms permitted with the City. Interim Planning and Community Development Director Goumas explained that currently solar farms are permitted with a conditional use permit in the Agricultural and Heavy Industrial District Zoning Districts of the City. 9 City Council Regular Meeting July 21, 2021 Council Member Ward requested clarification about the potential limit of the number of solar farms permitted in the City, as it relates to the City’s Comprehensive Plan. Interim Planning and Community Development Director Goumas indicated that at this point, there is no limit regarding the number of solar farms in the City in the City’s Comprehensive Plan. City Manager Moor reiterated this information. Council Member Ward opined about the authority to determine the location of future solar farms within the City. Interim Planning and Community Development Director Goumas advised the authority lies with City Council. Referring to the presentation, Council Member Williams queried about the City’s ability to revoke the conditional use permit for the proposed solar farm. Interim Planning and Community Development Director Goumas explained that should the applicant fail to comply with any of the conditions included in the conditional use permit, the City could revoke the conditional use permit. Council Member Fawcett opined about the feasibility of placing a moratorium on all solar farms, until the City completes the process of creating new solar farm regulations. City Attorney Hutchings reported that the City is prohibited from implementing such a moratorium on solar farms, as they are currently a permitted use in the City’s Unified Development Ordinance. Council Member Goldberg inquired about the City’s current regulations for solar farms. Interim Planning and Community Development Director Goumas stated that the City already has regulations for solar farms. Referring to the presentation, Mayor Duman solicited information about the applicant’s responsibility relating to decommissioning the proposed solar farm. Interim Planning and Community Development Director Goumas advised, during the site plan review process, the applicant would have to submit a surety bond based on the value of the engineering estimate in the event that the solar farm is decommissioned. Referring to the presentation, Mayor Duman asked about the feasibility of extending the surety bond for vegetation at the proposed solar farm. Interim Planning and Community Development Director Goumas indicated that surety bond could only be in place for one year. Mayor Duman opined about the process to amend the surety bond for three to five years, as it relates to vegetation at the proposed solar farm. City Attorney Hutchings explained that would require a change to the Unified Development Ordinance, which first requires research. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, and Williams 5 NAYS: Council Member Butler Barlow, Johnson and Ward 3 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SOLAR ENERGY FACILITY, ON PROPERTY LOCATED AT 6245 HOLLAND ROAD, ZONING MAP 40, PARCEL 48; ACCOUNT NUMBER 152497000; CUP2021-009 10 City Council Regular Meeting July 21, 2021 City Council recessed at 8:40 p.m. and reconvened at 8:50 p.m. Public Hearing – An ordinance to grant a Conditional Use Permit to expand a funeral home, on property located at 900 East Washington Street and 108 North Division Street, Zoning Map 35F, Parcels LA*22B, LA*22C, and LA*22D; Account Numbers 51788000, 05066900, and 050668000; CUP2021- 012 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas submitted a summation of the background information as printed in the official agenda. Nathan Lahy, 310 Chandler Harper Drive, Portsmouth, Virginia, Orbis Landscape Architecture, applicant, representing Crocker Funeral Home, property owner. Spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Vice Mayor Bennett, on a motion seconded by Council Member Williams, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO EXPAND A FUNERAL HOME, ON PROPERTY LOCATED AT 900 EAST WASHINGTON STREET AND 108 NORTH DIVISION STREET, ZONING MAP 35F, PARCELS LA*22B, LA*22C, AND LA*22D; ACCOUNT NUMBERS 51788000, 05066900, AND 050668000; CUP2021-012 Public Hearing – An ordinance to grant a variance to the Street Improvement Standards of Section 31- 612 of the Unified Development Ordinance in order to grant relief from connectivity and secondary access minimum requirements, on property located at 2999 Corporate Lane, 2922 Godwin Boulevard, and 2920 Godwin Boulevard; Zoning Map 26, Parcels 3*1, 3*2, and 3*3, Account Numbers 253349000, 253348800, 253348900; SBV2021-002 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas presented an outline of the background information as printed in the official agenda. Tuck Bowie, 4705 Columbus Street, Virginia Beach, Virginia, representing the Terry Peterson Companies, applicant, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Ward, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 11 City Council Regular Meeting July 21, 2021 AN ORDINANCE TO GRANT A VARIANCE TO THE STREET IMPROVEMENT STANDARDS OF SECTION 31-612 OF THE UNIFIED DEVELOPMENT ORDINANCE IN ORDER TO GRANT RELIEF FROM CONNECTIVITY AND SECONDARY ACCESS MINIMUM REQUIREMENTS, ON PROPERTY LOCATED AT 2999 CORPORATE LANE, 2922 GODWIN BOULEVARD, AND 2920 GODWIN BOULEVARD; ZONING MAP 26, PARCELS 3*1, 3*2, AND 3*3, ACCOUNT NUMBERS 253349000, 253348800, 253348900; SBV2021-002 Public Hearing – An ordinance to amend the City of Suffolk, Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 4, Zoning, Section 31-412, Special Corridor Overlay District (SCOD) and Section 31-419, Mixed Use Development Overlay District (MUD); and Article 6, Design and Improvement Standards, Section 31-603, Landscaping Standards; and Article 7, Supplemental Use Regulations, Section 31-707, Home Occupations; Section 31-714, Sign Regulations; and Section 31-717, Temporary Uses; and Appendix A-Definitions; OTA2020-001 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas provided a synopsis of the background information as printed in the official agenda. He presented the following additional items to be included in the amended ordinance – edit Section 31-412, SCOD per Planning Commission recommendation pertaining submission of a sign package; modify Section 714, Sign Regulation per direction previously provided by City Council pertaining to Temporary/Yard Signs and modify Section 31-714, Sign Regulations as suggested by staff pertaining to Temporary/A Frame Signs in order to cross-reference to Chapter 74 of the City Code. Claudia Cotton, 214 Charlemagne Drive, representing the Coastal Virginia Building Industry Association, spoke in support of the following amendment to the proposed ordinance – the deletion of Section 31-714(d)(4) Prohibited Signs – off premises signs which are not located on the same parcel as the activity, use or business and the remainder of the proposed ordinance, as presented. Thomas Woodward, 227 North Main Street, representing self, spoke in support of continuing consideration of the proposed ordinance for 30 days. Hearing no additional speakers, the public hearing was closed. Vice Mayor Bennett move to continue consideration of the proposed ordinance for 30 days. The motion failed to receive a second. Members of City Council opined about the proposed ordinance. Council Member Fawcett moved to approve the ordinance with the following amendment - the deletion of Section 31-714(d)(4) Prohibited Signs – “off premises signs which are not located on the same parcel as the activity, use or business” and the remainder of the proposed ordinance, as presented. City Manager Moor reiterated the following additional items to be included in the amended ordinance – edit Section 31-412, SCOD per Planning Commission recommendation pertaining submission of a sign package; modify Section 714, Sign Regulation per direction previously provided by City Council pertaining to Temporary/Yard Signs and modify Section 31-714, Sign Regulations as suggested by staff pertaining to Temporary/A Frame Signs in order to cross-reference to Chapter 74 of the City Code. The motion failed to receive a second. 12 City Council Regular Meeting July 21, 2021 Members of City Council opined about the proposed motion. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance with the following modifications: the deletion of Section 31-714(d)(4) Prohibited Signs – “off premises signs which are not located on the same parcel as the activity, use or business”; edit Section 31-412, SCOD per Planning Commission recommendation pertaining submission of a sign package; modify Section 714, Sign Regulation per direction previously provided by City Council pertaining to Temporary/Yard Signs; and modify Section 31-714, Sign Regulations as suggested by staff pertaining to Temporary/A Frame Signs in order to cross-reference to Chapter 74 of the City Code and the remainder of the ordinance, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO AMEND THE CITY OF SUFFOLK, CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 4, ZONING, SECTION 31-412, SPECIAL CORRIDOR OVERLAY DISTRICT (SCOD) AND SECTION 31-419, MIXED USE DEVELOPMENT OVERLAY DISTRICT (MUD); AND ARTICLE 6, DESIGN AND IMPROVEMENT STANDARDS, SECTION 31-603, LANDSCAPING STANDARDS; AND ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-707, HOME OCCUPATIONS; SECTION 31-714, SIGN REGULATIONS; AND SECTION 31-717, TEMPORARY USES; AND APPENDIX A-DEFINITIONS; OTA2020-001, AS AMENDED ORDINANCES Ordinance – An ordinance to grant relief from the ten (10) year post conveyance holding period for a parcel of land identified as Tax Map Parcel 54*5C*1 created through a family transfer conveyance in accordance with Section 31-514 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas supplied a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Mayor Duman, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 7 NAYS: Vice Mayor Bennett 1 AN ORDINANCE TO GRANT RELIEF FROM THE TEN (10) YEAR POST CONVEYANCE HOLDING PERIOD FOR A PARCEL OF LAND IDENTIFIED AS TAX MAP PARCEL 54*5C*1 CREATED THROUGH A FAMILY TRANSFER CONVEYANCE IN ACCORDANCE WITH SECTION 31-514 OF THE UNIFIED DEVELOPMENT ORDINANCE 13 City Council Regular Meeting July 21, 2021 Ordinance – An ordinance authorizing the City Manager to accept a Deed Open-Space Easement over the common passive open-space within Phase 2 of the Cluster Subdivision Plat Nansemond Reserve, Tax Map Number 19, Parcel 4A; Account Number 304209000; FSB2021-00005 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas offered a synopsis of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a City Council Work Session, for Wednesday, August 18, 2021, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Goldberg, moved to schedule a City Council Work Session, for Wednesday, August 18, 2021, at 4:00 p.m., unless cancelled, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS Michael Rouse, 3440 Bob White Lane, representing self, opined about the speed limit on Bob White Lane. Carolyn White, 4216 Coltrane Avenue, representing the Pughsville Civic League, spoke about infrastructure needs in Pughsville. Pam Brandy, 5061 Pearl Street, Chesapeake, Virginia, representing the Pughsville Civic League, spoke about infrastructural needs in Pughsville. 14 City Council Regular Meeting July 21, 2021 Kelly Hengler, 9345 Eclipse Drive, representing the Crittenden-Eclipse-Hobson Civic League, opined about public participation. NEW BUSINESS City Clerk Dawley presented the following board and commission nomination: Suffolk Redevelopment and Housing Authority – Michael McBride. Council Member Johnson, on a motion seconded by Council Member Ward, moved to nominate and appoint the above referenced individual to the aforementioned body, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Council Member Fawcett, on a motion seconded by Council Member Butler Barlow, moved to schedule a public hearing at the August 18, 2021, City Council meeting to receive comment on the Transit Master Plan, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley provided a report on the following: the recent Oath of Office Ceremony for City Manager Moor and City Attorney Hutchings; notice from the Public Works Department about upcoming delays in recycling service; the Christmas in July event at the Suffolk Visitors Center Gift Shop; the Commissioner of the Revenue’s Car Tax Reduction Drive-Thru event; National Night Out Duck Pluck and T.G.I.F. Summer Concert; the National Night Out event; coronavirus data from the Western Tidewater Health District; and the Commonwealth’s coronavirus vaccination finder website and customer service number. Council Member Williams thanked City Administration for their assistance with a constituent issue on Saratoga Street. Council Member Williams queried about the policies regarding maintenance of City owned properties. Council Member Williams called for an update on streetlights on East Washington Street, Liberty Street and County Street. Council Member Williams thanked City Administration for additional lighting in the downtown area. Council Member Goldberg encouraged residents to attend the upcoming National Night Out event and the T.G.I.F Summer Concert Series. Council Member Goldberg opined about the Oath of Office Ceremony for City Manager Moor and City Attorney Hutchings. 15 City Council Regular Meeting July 21, 2021 Council Member Ward opined about the Oath of Office Ceremony for City Manager Moor and City Attorney Hutchings. Council Member Ward talked about the notice from the Public Works Department about delays in recycling service. Council Member Ward encouraged residents to attend the upcoming National Night Out event. Council Member Butler Barlow opined about tonight’s Special Presentation regarding the Suffolk Police Department’s Explorer Program. Council Member Butler Barlow spoke about coronavirus vaccines. Council Member Butler Barlow congratulated former Council Member Joseph Barlow on his 93 rd birthday. Council Member Johnson opined about tonight’s Special Presentation regarding the Suffolk Police Department’s Explorer Program. Council Member Johnson extended his condolences to the family of the late Jaquan Yulee. Council Member Fawcett opined about the Oath of Office Ceremony for City Manager Moor and City Attorney Hutchings. Council Member Fawcett encouraged residents to participate in the Commissioner of the Revenue’s Car Tax Reduction Drive-Thru event. Council Member Fawcett opined about coronavirus vaccines. Council Member Fawcett commended the Suffolk Fire Department and the Suffolk Police Department. Council Member Fawcett encouraged residents to participate in the National Night Out event. Vice Mayor Bennett opined about the Oath of Office Ceremony for City Manager Moor and City Attorney Hutchings. Vice Mayor Bennett congratulated Deputy City Attorney Karla Carter on her appointment. Vice Mayor Bennett opined about a radio announcement from the City of Norfolk regarding train traffic. Vice Mayor Bennett talked about the speed limit on Bob White Lane. Vice Mayor Bennett invited residents to participate in the National Night Out event. Vice Mayor Bennett offered comments about the coronavirus vaccines. Mayor Duman announced he attended the following ribbon cuttings: the Fabric Shoppe and the Tidewater Animal Clinic. 16 City Council Regular Meeting July 21, 2021 Mayor Duman reported he attended the Virginia Municipal League’s Mayors Institute. Mayor Duman opined about Consent Agenda Item #7 - an ordinance to add the Mental Health Consultant position to the City of Suffolk Compensation Plan. Mayor Duman opined about the Suffolk Police Department’s Suffolk Explorers Program. Mayor Duman congratulated former Council Member Joseph Barlow on his 93rd birthday. Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 10:47 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: JANUARY 19, 2022 17