City Council Meeting Agendas

City Council Regular Meeting August 17, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, August 17, 2022, 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 Kevin Hughes, Deputy 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. Mayor Duman announced that City Manager Albert Moor was excused from today’s Regular Meeting. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of August 17, 2022, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Goldberg, Johnson, Ward and Williams 7 NAYS: None 0 ABSTAIN: Council Member Goldberg 1 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF AUGUST 17, 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting August 17, 2022 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Fawcett, moved to approve the minutes from the February 16, 2022, Work Session and Regular Meeting, 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 SPECIAL PRESENTATIONS Special Presentations - Suffolk Sister Cities - International Artists and Authors Contest Mary Anne Persons, Suffolk Sister Cities, gave a report on the above referenced item. Ms. Persons introduced Rory Rockwood, Grand Prize Winner, Suffolk Sister Cities International Artists and Authors Contest. Special Presentation - Fall Events Update Utilizing a PowerPoint presentation, Parks and Recreation Business Manager Emily Upton supplied a summary of the above referenced item. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Duman announced that Deputy City Manager Hughes had additional information. Deputy City Manager Hughes advised that the applicant has requested to continue Public Hearing Item #8 to the November 16, 2022, City Council meeting. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to continue Public Hearing Item #8 to the November 16, 2022, City Council meeting and adopt the remainder of the agenda 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 AGENDA SPEAKERS There were no items under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda item: 2 City Council Regular Meeting August 17, 2022 Consent Agenda Item #7 - Resolution of the City Council of the City of Suffolk, Virginia authorizing the issuance, in an aggregate principal amount not to exceed $15,000,000, by the Economic Development Authority of the City of Suffolk of its Retirement Facilities First Mortgage Revenue Bonds (Lake Prince Center, Inc.), Series 2022 Referring to Consent Agenda Item #7, Deputy City Manager Hughes submitted 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 Consent Agenda, 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 PUBLIC HEARINGS Public Hearing - An ordinance to grant a Conditional Use Permit to establish a surface mining operation (borrow pit), on property located at Zoning Map 9, Parcel 3, Account Number 252626000; CUP2021-013 (This item was continued from City Council’s May 18, 2022, meeting.) This item was continued to the November 16, 2022, City Council meeting. Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from A, Agricultural zoning district, and RR, Rural Residential zoning district, to RU, Residential Urban zoning district (Conditional), for property located at Zoning Map 35, Parcels 17 and 18; Account Numbers 050859050 and 052159000; RZN2022-005 (Conditional) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Kevin Wyne gave a review of the background information as printed in the official agenda. Grier Ferguson, 332 West Constance Road, representing Bob Arnett, South Suffolk Development Group, LLC applicant and contract purchaser, spoke in support of the proposed ordinance, as presented. Robin Whitley, 1823 Mountainside Avenue, representing self, opined about the area being a food desert, housing affordability and school capacity. Grier Ferguson, 332 West Constance Road, representing Bob Arnett, South Suffolk Development Group, LLC applicant and contract purchaser, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg moved to approve the proposed ordinance. The motion failed to receive a second. Referring to the presentation, Council Member Johnson called for information about the timeline for construction of the homes. Interim Planning and Community Development Director Wyne stated that there were no time constraints on the construction of the homes. 3 City Council Regular Meeting August 17, 2022 Referring to the presentation, Council Member Johnson queried about the next steps should the proposed ordinance be rezoned. Interim Planning and Community Development Director Wyne explained that the proffers would be approved before the subdivision was built. Council Member Goldberg, on a motion seconded by Council Member Johnson, moved to approve the ordinance, 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 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM A, AGRICULTURAL ZONING DISTRICT, AND RR, RURAL RESIDENTIAL ZONING DISTRICT, TO RU, RESIDENTIAL URBAN ZONING DISTRICT (CONDITIONAL), FOR PROPERTY LOCATED AT ZONING MAP 35, PARCELS 17 AND 18; ACCOUNT NUMBERS 050859050 AND 052159000; RZN2022- 005 (CONDITIONAL) Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions pertaining to the establishment of Millstone Subdivision, on property located at Zoning Map 44, a portion of Parcels 8V and 8P; Account Numbers 153675300 and 153535500; RZN2022-006 (Conditional) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne supplied an overview of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, Williams Mullen, agent, representing Jonathan Ridout, HH Hunt Corporation, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Council Member Fawcett, moved to approve the proposed ordinance. Referring to the presentation, Council Member Johnson sought clarification about the stringency of the cluster development compared to the proposed ordinance. Interim Planning and Community Development Director Wyne replied that the cluster requirements are equivalent to or more stringent than the proposed ordinance. Referring to the presentation, Council Member Johnson asked whether traffic would have a problem getting back out onto Turlington Road, as it related proposed ordinance. Interim Planning and Community Director Wyne advised that the traffic impact analysis does not indicate there will be a problem. 4 City Council Regular Meeting August 17, 2022 Referring to the presentation, Council Member Butler Barlow requested information about the proposed number of ingress/egress points. Interim Planning and Community Director Wyne confirmed the access points are on Turlington Road. Referring to the presentation, Council Member Butler Barlow asked whether the proposed development connect to the neighboring subdivision. Interim Planning and Community Director Wyne replied in the affirmative. Council Member Williams, on a motion seconded Council Member Fawcett, moved to approve the ordinance, 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 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK IN ORDER TO AMEND THE PREVIOUSLY APPROVED PROFFERED CONDITIONS PERTAINING TO THE ESTABLISHMENT OF MILLSTONE SUBDIVISION, ON PROPERTY LOCATED AT ZONING MAP 44, A PORTION OF PARCELS 8V AND 8P; ACCOUNT NUMBERS 153675300 AND 153535500; RZN2022-006 (CONDITIONAL) 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, and A, Agricultural zoning district, to M-2 Heavy Industrial zoning district (Conditional), for property located at 2925 Pruden Boulevard, Zoning Map 25, Parcels 57, and 57A, and Parcels 57B, 57C, 57E and Zoning Map 24, Parcel 33, Account Numbers 252849000, 252847000, 2528457000, 252845000, 253102300, 252430600; RZN2021-020 (Conditional) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne provided a summation of the background information as printed in the official agenda. Public Works Director Lewis provided additional information regarding stormwater and traffic. Interim Planning and Community Development Director Wyne offered additional information about the City’s Comprehensive Plan in relation to the proposed ordinance. He also made note of the revised ordinance he distributed to note the correct account numbers. Interim Planning and Community Development Director Wyne concluded that the matter was correctly advertised. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to suspend City Council’s Rules of Order and Procedure to extend the public hearing as follows: 20 minutes for the proponents, 30 minutes for the opponents and an additional 10 minutes for rebuttal, 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 The following individuals spoke in support of the proposed ordinance as presented: Fred Taylor, 200 North Main Street, Bush and Taylor, representing Mark Matan, Matan Companies, LLLP 5 City Council Regular Meeting August 17, 2022 Barbara Nelson, Vice President, Development and Transportation Policy, Port of Virginia, no address provided, representing Mark Matan, Matan Companies, LLLP Karl Morris, Director of Development, 4600 Wedgewood Blvd A, Frederick, Maryland, representing Matan Companies, LLLP Mick Wrisley, Development Coordinator, 4600 Wedgewood Blvd A, Frederick, Maryland, representing Matan Companies, LLLP Carroll Collins, Senior Project Manager and Transportation Planner, Kimley-Horn, 11818 Rock Landing Drive, Suite 100, Newport News, Virginia, representing Mark Matan, Matan Companies, LLLP. The following individuals spoke in opposition to the proposed ordinance as presented: Charlie Henderson, 129 Pitchkettle Point Circle, representing self. Christopher Dove, 852 Colonel Meade Drive, representing self. Dr. Jerry Celia, 1755 Kings Fork Road, representing self. Chet Hart, 404 Reid Ferry Road, representing self. Dr. Glenn Chase, 3372 Pruden Boulevard, representing Academy Animal Care. Rod Thompson, 9313 Eclipse Drive, representing self. Elizabeth Thornton, 1020 Myrtle Street, representing self. Lisa Jones, 5032 Kings Grant Circle, representing self. Karl Morris, Director of Development, 4600 Wedgewood Blvd A, Frederick, Maryland, representing Matan Companies, LLLP, spoke in support of the proposed ordinance, as presented. Jesse D. Williams, 144 General Early Drive, property owner, spoke in support of the proposed ordinance, as presented. Roger Leonard, 550 North Liberty Springs Drive, 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 Ward, moved to continue consideration of the proposed ordinance to the September 21, 2022, City Council meeting. Referring to the motion, Council Member Johnson queried about any additional information that will be provided at the September 21, 2022, City Council as it relates to the proposed ordinance. 6 City Council Regular Meeting August 17, 2022 Referring to the proposed motion, Council Member Johnson asked about the kind of information City Council needs. Mayor Duman replied that additional funding sources will be considered to address road improvements. Council Member Fawcett, on a motion seconded by Council Member Ward, moved to continue consideration of the proposed ordinance to the September 21, 2022, City Council meeting, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: Council Member Johnson 1 City Council recessed at 9:30 p.m. and reconvened at 9:43 p.m. Public Hearing - An ordinance to amend Section 31-415(d) of Chapter 31, of the Code of the City of Suffolk, Virginia, “Unified Development Ordinance” (UDO), Concerning Development Criteria for Resource Protection Areas; OTA2022-003 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne offered a report of the background information as printed in the official agenda. Kelly Hengler, 9345 Eclipse Drive, representing self, opined about the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Council Member Ward, moved to approve the proposed ordinance, 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 AN ORDINANCE TO AMEND SECTION 31-415(D) OF CHAPTER 31, OF THE CODE OF THE CITY OF SUFFOLK, VIRGINIA, “UNIFIED DEVELOPMENT ORDINANCE” (UDO), CONCERNING DEVELOPMENT CRITERIA FOR RESOURCE PROTECTION AREAS; OTA2022-003 ORDINANCES Ordinance – An ordinance to grant a Conditional Use Permit to establish a Bar and Nightclub, for property located at 5941 Harbour View Boulevard, Zoning Map 6*3, Parcel 15, Account Number 304968400; CUP2022-012 (This item was continued from City Council’s July 20, 2022, meeting.) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne gave a synopsis of the background information as printed in the official agenda. He added that there will be an amendment Exhibit E in the proposed ordinance, which includes one additional tree in the buffer area. He explained Exhibit E is referenced in Condition #11 of the proposed ordinance. 7 City Council Regular Meeting August 17, 2022 Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the proposed ordinance, with the amendment as outlined above, 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 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A BAR AND NIGHTCLUB, FOR PROPERTY LOCATED AT 5941 HARBOUR VIEW BOULEVARD, ZONING MAP 6*3, PARCEL 15, ACCOUNT NUMBER 304968400; CUP2022-012, AS AMENDED 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, September 7, 2022, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session, for Wednesday, September 7, 2022, 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 Ronald Muse, 2100 Kings Highway, representing self, opined about reducing youth violence. NEW BUSINESS City Clerk Dawley presented the following item for City Council’s consideration: a motion to nominate and appoint Michelle Wren to the Suffolk Sister Cities Commission. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to nominate and appoint the aforementioned individual to the respective body, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Johnson, and Williams 6 NAYS: None 0 ABSTAIN: Council Members Goldberg and Ward 2 8 City Council Regular Meeting August 17, 2022 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Interim Media and Community Relations Director Jennifer Moore provided a report on the following: the City’s observance of the Labor Day holiday; the Suffolk City Treasurer’s Office receipt of the Treasurers’ Association accreditation and Chief Deputy City Treasurer Andrew Owens’ receipt of the 2022 Statewide Deputy Treasurer of the Year Award; Suffolk Transit’s receipt of a grant for electronic buses; the Public Works Department’s announcement of the eastbound lane change for the Route 58/Holland Road Corridor Improvement Project; the Public Works Department’s quarterly report; the opening of the 2022 Holiday Parade Application process; the upcoming American Red Cross Blood Drive; the upcoming Suffolk Sheriff’s Office Food Drive; the 2022 National Night Out Appreciation Ceremony and the State’s coronavirus website and call center information. Council Member Butler Barlow opined about the importance of agriculture. Council Member Ward extended his condolences to the family of the late Jean Copeland. Council Member Ward left the meeting at 10:16 p.m. Council Member Johnson extended his condolences to the family of the late Jean Copeland. Council Member Johnson opined about Port 460. Council Member Fawcett acknowledged Rory Rockwood, Grand Prize Winner, Suffolk Sister Cities International Artists and Authors Contest. Council Member Fawcett opined about the importance of electric vehicle charging stations. Council Member Fawcett said he wants the City to install electric vehicle charging stations. Council Member Fawcett opined about the Suffolk Police and Suffolk Fire Departments and Port 460. Council Member Williams announced he attended the South Suffolk/Pleasant Hill/Orlando Reunion. Vice Mayor Bennett extended his condolences to the family of the late Jean Copeland. Vice Mayor Bennett acknowledged Erika Cowling, City Assessor’s Office, who is the recipient of the International Association of Assessing Officers Diversity Equity and Inclusion Scholarship. Vice Mayor Bennett announced he attended the South Suffolk/Pleasant Hill/Orlando Reunion. Vice Mayor Bennett opined about the need for striping on Hosier Road. Mayor Duman opined about land use and Port 460. Mayor Duman offered condolences to the family of the late Jean Copeland. Mayor Duman thanked Marcus Daniel of Union Baptist Church for its summer camp. 9 City Council Regular Meeting August 17, 2022 Mayor Duman mentioned a meeting with Vice Mayor Bennett and the City’s consultants about the updating the Comprehensive Plan. Mayor Duman said he went to Virginia Modeling, Analysis and Simulation Center’s 25 th anniversary observation. Mayor Duman reported he went to Suffolk Sister Cities School Supply Drive. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to adjourn, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, and Williams 7 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 10:36 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: MARCH 15, 2023 10