City Council Meeting Agendas

City Council Regular Meeting September 21, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, September 21, 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. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of September 21, 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 Goldberg, moved to approve the resolution, 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 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF SEPTEMBER 21, 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 21, 2022 APPROVAL OF THE MINUTES Council Member Johnson, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the March 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 There were no items under this portion of the agenda. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to adopt 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: Consent Agenda Item #7 - A resolution authorizing the filing of a Federal Aviation Administration grant application and authorizing the City Manager to execute a grant agreement for Airport Improvement Program Project 3-51-0050-032-2022 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 Johnson, on a motion seconded by Council Member Fawcett, 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 2 City Council Regular Meeting September 21, 2022 PUBLIC HEARINGS Public Hearing - An ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Freeman Mill Road Bridge Replacement Project Utilizing a PowerPoint presentation, Public Works Director Robert Lewis submitted a summation of the background information as printed in the official agenda. Rhonda Young, 600 Church Street, Norfolk, Virginia, representing self, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Johnson, on a motion seconded by Council Member Ward, 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 AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE AND/OR PERMANENT AND/OR TEMPORARY EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE FREEMAN MILL ROAD BRIDGE REPLACEMENT PROJECT Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RR, Rural Residential zoning district, to RLM, Residential Low-Medium Density zoning district, for property located at Zoning Map 12, Parcels 24 and 24G; Account Numbers 303979000 and 305036000; RZN2021-002 (Conditional) (This item was continued from the July 20, 2022, City Council meeting.) 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 and mentioned typographical errors that would need corrected in the motion. The following individuals spoke in support of the proposed ordinance, as presented: Grier Ferguson, 332 West Constance Road, representing Bob Arnette, Bob White Development, LLC, applicant. Thelonius McClean-Burrell, 205 Ashby Court, President, Quaker Neck Home Owners Association. He also opined about the desire for less density. Rhonda Young, 600 Church Street, Norfolk, Virginia, representing self. Evelyn Jones, 4921 Fennell Lane, representing self, spoke in opposition to the proposed ordinance, as presented. 3 City Council Regular Meeting September 21, 2022 Grier Ferguson, 332 West Constance Road, representing Bob Arnette, Bob White Development, LLC, applicant, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the ordinance, as presented. Referring to the presentation, Vice Mayor Bennett asked about the access issue for the adjacent Winslow properties. Mr. Ferguson advised that a verbal agreement has been reached. He further stated if a final agreement cannot be reached, the project can still move forward without encroaching on the other properties’ easements. City Clerk Dawley asked whether the motion includes language to correct the typographical errors mentioned in the staff report. The maker and second assented. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the ordinance, as amended to correct typographical errors, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Fawcett Goldberg, Johnson, Ward and Williams 7 NAYS: Council Member Butler Barlow 1 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM RR, RURAL RESIDENTIAL ZONING DISTRICT, TO RLM, RESIDENTIAL LOW-MEDIUM DENSITY ZONING DISTRICT, FOR PROPERTY LOCATED AT ZONING MAP 12, PARCELS 24 AND 24G; ACCOUNT NUMBERS 303979000 AND 305036000; RZN2021-002 (CONDITIONAL), AS AMENDED Public Hearing - An ordinance to grant a Conditional Use Permit to establish a day care (family day home), 5-12 children, on property located at 6205 Old Townpoint Road, Zoning Map 6A(4), Parcel 4; Account Number 303833000; CUP2022-016 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. Council Member Ward, 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 GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A DAY CARE (FAMILY DAY HOME), 5-12 CHILDREN, ON PROPERTY LOCATED AT 6205 OLD TOWNPOINT ROAD, ZONING MAP 6A(4), PARCEL 4; ACCOUNT NUMBER 303833000; CUP2022-016 4 City Council Regular Meeting September 21, 2022 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 the connectivity and maximum cul-de-sac length standards for the RU district, on property located at 611 and 711 Factory Street; Zoning Map 35H(3), Parcels X14, X*14A, and X17; Account Numbers 050872000, 050871000, and 053408100; SBV2022-002 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne provided a summation of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Referring to the presentation, Council Member Goldberg asked for clarification about the proposed cul- de-sac length in comparison to the City’s requirements. Interim Planning and Community Development Director Wyne explained that the unique nature of the property necessitated its 600’ length. Referring to the presentation, Council Member Goldberg opined about the reasoning to approve the proposed ordinance. Interim Planning and Community Development Director Wyne explained that each request is evaluated on a case by case basis, and this application received a recommendation of approval from staff. Referring to the presentation, Council Member Butler Barlow sought information about any potential issues regarding public safety vehicle access. Interim Planning and Community Development Director Wyne replied that no potential issues have been identified by the Suffolk Fire and Rescue Department or the Suffolk Police Department. Council Member Williams, on a motion seconded by Council Member Ward, 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 GRANT A VARIANCE TO THE STREET IMPROVEMENT STANDARDS OF SECTION 31-612 OF THE UNIFIED DEVELOPMENT ORDINANCE IN ORDER TO GRANT RELIEF FROM THE CONNECTIVITY AND MAXIMUM CUL-DE-SAC LENGTH STANDARDS FOR THE RU DISTRICT, ON PROPERTY LOCATED AT 611 AND 711 FACTORY STREET; ZONING MAP 35H(3), PARCELS X14, X*14A, AND X17; ACCOUNT NUMBERS 050872000, 050871000, AND 053408100; SBV2022-002 Public Hearing - An ordinance to Amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 4, Zoning, Section 31-406, Use Regulations, Table 406-1, Principal Uses Permitted in Zoning District, and Article 6, Design and Improvement Standards, Section 31-602, Design Standards; OTA2022-004 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne offered a report of the background information as printed in the official agenda. Roger Leonard, 1524 Airport Road, representing self, opined about the proposed ordinance. 5 City Council Regular Meeting September 21, 2022 Hearing no additional speakers, the public hearing was closed. Council Member Johnson, on a motion seconded by Council Member Fawcett, 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 CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 4, ZONING, SECTION 31-406, USE REGULATIONS, TABLE 406-1, PRINCIPAL USES PERMITTED IN ZONING DISTRICT, AND ARTICLE 6, DESIGN AND IMPROVEMENT STANDARDS, SECTION 31-602, DESIGN STANDARDS; OTA2022-004 ORDINANCES 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, and A, Agricultural zoning district, to M-2 Heavy Industrial zoning district (Conditional), for property located at 2925 Pruden Boulevard, Zoning Map 25, a portion of Parcels 57, and 57A, and Parcels 57B, 57C, 57E and Zoning Map 24, Parcel 33, Account Numbers 252849000, 252847000, 252857000, 252845000, 253102300, 252430600; RZN2021-020 (Conditional) (This item was continued from the August 17, 2022, City Council meeting.) Council Member Goldberg made the following announcement – “I may have a personal interest in the transactions identified as rezoning request RZN2021-020 due to the fact of my employment and that the owners of the company for which I work may have a personal interest in real estate that is adjacent to the Williams property. As there is a group of three or more that will be affected in the same manner by this transaction, and because I am able to participate fairly, objectively and in the public interest, I will participate fairly, objective and in the public interest. I will participate in the transaction as provided for in the Virginia Code Section 2.2-3112(B)(1).” Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne gave a synopsis of the background information as printed in the official agenda. Public Works Director Robert Lewis offered supplementary information. Council Member Fawcett, on a motion seconded by Council Member Ward, move to approve the ordinance, as presented. City Attorney Hutchings reported that since the public hearing for the original ordinance was held, the applicant has submitted revived proffers. He concluded that need to be addressed in the motion for approval. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the proposed ordinance, with the revised proffers submitted since the public hearing, by the following vote: AYES: Mayor Duman, and Council Members Fawcett, Goldberg, Ward and Williams 5 NAYS: Vice Mayor Bennet and Council Member Members Butler Barlow and Johnson 3 6 City Council Regular Meeting September 21, 2022 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, A PORTION OF PARCELS 57, AND 57A, AND PARCELS 57B, 57C, 57E AND ZONING MAP 24, PARCEL 33, ACCOUNT NUMBERS 252849000, 252847000, 252857000, 252845000, 253102300, 252430600; RZN2021-020 (CONDITIONAL), 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 public hearing for October 5, 2022, to receive public comment on an ordinance granting a license agreement for the non-exclusive right and privilege to occupy and use the streets, alleys and public places of the City of Suffolk for the purposes of constructing, installing, and maintaining facilities for telecommunication services within the corporate limits of the City of Suffolk, Virginia Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to schedule a public hearing for October 5, 2022, to receive public comment on an ordinance granting a license agreement for the non-exclusive right and privilege to occupy and use the streets, alleys and public places of the City of Suffolk for the purposes of constructing, installing, and maintaining facilities for telecommunication services within the corporate limits of the City of Suffolk, Virginia, 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 Motion – A motion to schedule a City Council Work Session, for Wednesday, October 5, 2022, at 4:00 p.m., unless cancelled Council Member Williams, on a motion seconded by Council Member Johnson, moved to schedule a City Council Work Session, for Wednesday, October 5, 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 7 City Council Regular Meeting September 21, 2022 NON-AGENDA SPEAKERS Roger Leonard, 550 North Liberty Spring Road, representing self, opined about the Unified Development Ordinance. Stewart Boyce, 5121 Indian Trail, representing self, spoke in opposition to Port 460. Denise Murden, 4041 Kingston Place, representing self, opined about communication with citizens. Kelly Hengler, 9345 Eclipse Drive, representing self, opined about bacteria levels in water mega sites. Francine Hoffer, 132 Manning Road, representing self, reported erosion at her home. Rhoda Young, 601 Church Street, Norfolk, Virginia, was not present when called. Curtis MacKenize, 1008 Hillpoint Road, was not present when called. NEW BUSINESS City Clerk presented the following item for City Council’s consideration: a motion to nominate and appoint the following individuals to the respective positions - Virginia Municipal League 2022 Conference Annual Business Meeting Delegate - Council Member LeOtis Williams; and Virginia Municipal League 2022 Urban Section Meeting Delegate - Council Member Lue Ward (voting delegate) and Council Member LeOtis Williams (alternate). Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to nominate and appoint the aforementioned individuals to the respective bodies, 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 City Clerk Dawley presented the following item for City Council’s consideration: a motion to nominate and appoint the following individuals to the respective boards and commissions - Clean Community Commission – Pamela Kearns and Human Services Advisory Board – Arthalia Kahan Council Member Ward, on a motion seconded by Council Member Goldberg, moved to nominate and appoint the aforementioned individuals to the respective bodies, 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 8 City Council Regular Meeting September 21, 2022 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Interim Media and Community Relations Director Jennifer Moore provided a report on the following: the railroad crossing closure at South Main Street and Hall Avenue; the Suffolk Police Department’s Open House; the 2022 Law Enforcement Public Service Awards presented by the United States Attorney’s Office; the Suffolk Art Gallery’s exhibition “I Have to Go – Landscapes and Dreamscapes by Jenny Bonner and Katey Morrill; the City’s Community Clean Up; the City’s Nansemond River Clean Up; the Suffolk Public Works Citizen Academy; the American Red Cross Blood Drive; the 2022 Young Adult Life Prep Workshop; the Park and Recreation Department’s Soap Making Class and the Suffolk Commonwealth’s Attorney Office Lunch and Learn. Council Member Butler Barlow reported she attended the Crittenden-Eclipse-Hobson and Chuckatuck Civic league meetings. Council Member Butler Barlow announced the new community garden in the Chuckatuck Borough sponsored by Health Suffolk. Council Member Butler Barlow opined about the Peanut Fest presentation at today’s Work Session. Council Member Johnson extended his condolences to the family of the late former City Assessor Jean Jackson. Council Member Johnson announced the 350th Anniversary of the Sommerton Friends Church. Council Member Johnson opined about the Movie in the Park event in Holland. Council Member Johnson he attended a performance of the Kiev City Ballet at the Suffolk Center for Cultural Arts. Council Member Fawcett acknowledged the honorees of the 2022 Law Enforcement Public Service Awards presented by the United State Attorney’s Office. Council Member Fawcett extended his condolences to the family of the late former City Assessor Jean Jackson. Council Member Williams extended his condolences to the family of the late former City Assessor Jean Jackson. Council Member Goldberg extended his condolences to the family of the late former City Assessor Jean Jackson. Council Member Ward extended his condolences to the family of the late former City Assessor Jean Jackson. Council Member Ward opined about the Meet and Greet with Dr. Brian Hemphill, Old Dominion University. Vice Mayor Bennett extended his condolences to the family of the late former City Assessor Jean Jackson. 9 City Council Regular Meeting September 21, 2022 Vice Mayor Bennett acknowledged the honorees of the 2022 Law Enforcement Public Service Awards of the United States Attorney’s Office. Vice Mayor Bennett opined about the City Assessor’s Office presentation at today’s Work Session. Vice Mayor Bennett reported high grass in the Bayberry Cove area. Mayor Duman extended his condolences to the family of the late former City Assessor Jean Jackson. Mayor Duman announced he attended a performance of the Kiev City Ballet at the Suffolk Center for Cultural Arts. Mayor Duman reported he attended the Taste of Suffolk. Mayor Duman opined about the Shrimp Feast. Mayor Duman opined about the City Assessor’s Office presentation at today’s Work Session. Mayor Duman acknowledged the honorees of the 2022 Law Enforcement Public Service Awards by the United States Attorney’s Office. Council Member Johnson, on a motion seconded by Council Member Williams, 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 9:54 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: APRIL 19, 2023 10