City Council Meeting Agendas

City Council Regular Meeting November 16, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, November 16, 2022, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Bennett Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Lue R. Ward, Jr. LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT Council Member Timothy J. Johnson (excused) CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Council Member Goldberg offered the Invocation and a moment of silence in recognition of the shooting victims at the University of Virginia. Mayor Duman announced Council Member Johnson was excused from tonight’s meeting. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of November 16, 2022, 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 vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF NOVEMBER 16, 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting November 16, 2022 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Goldberg, moved to approve the minutes from the May 18, 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, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 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 Mayor Duman advised that City Manager Moor has information regarding Public Hearing Item #16. City Manager Moor reported that the applicant has submitted a request to continue consideration of Public Hearing Item #16 to the February 15, 2023, City Council meeting. Council Member Butler Barlow, on a motion seconded by Council Member Williams, moved to continue consideration of Public Hearing Item #16 to the February 15, 2023, City Council meeting and adopt the remainder of the agenda, as presented. Council Member Fawcett moved to continue consideration of Public Hearing Item #16 for 60 days. The motion failed to receive a second. City Clerk Dawley advised that the motion must be date specific, which would be the January 18, 2023, City Council meeting. Council Member Fawcett, on a substitute motion seconded by Vice Mayor Bennett, moved to continue consideration of Public Hearing Item #16 to the January 18, 2023, City Council meeting. City Clerk Dawley called for clarification about the motion as it relates to the adoption of the remainder of the agenda, as presented. Council Member Fawcett and Vice Mayor Bennett both replied in the affirmative. Referring to the proposed motions, Council Member Goldberg opined about the 60-day timeline versus consideration of the 90-day continuance, as requested by the applicant. Mayor Duman called for additional information from the applicant about the request for the continuance to the February 15, 2023, City Council meeting. J. Whitt Harper, Saunders and Ojeda, attorney for the applicant, stated that the applicant has requested the continuance in order to address some of the issues raised by the Planning Commission. Council Member Fawcett, withdrew his substitute motion to continue consideration of Public Hearing Item #16 to the January 18, 2023, City Council meeting. Vice Mayor Bennett consented to the withdrawal of his second. 2 City Council Regular Meeting November 16, 2022 Referring to the request for a continuance, Mayor Duman asked about the need to refer Public Hearing Item #16 back to the Planning Commission, should the applicant make changes to the proposed application. City Attorney Hutchings explained that the proposed application would only need to be referred back to the Planning Commission, should the applicant make substantial changes. Council Member Butler Barlow, on a motion seconded by Council Member Williams, moved to continue consideration of Public Hearing Item #16 to the February 15, 2023, 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, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 AGENDA SPEAKERS Thomas Rein, 119 Suffolk Meadows Boulevard, representing self, opined about the following items - Item #19 - Staff Report - City Truck Route Strategy and Item #21 - Motion - A motion to schedule a public hearing to be held on December 7, 2022, to receive public comment on the restriction of trucks on Shoulders Hill Road from Bridge Road to Pughsville Road, the restriction of trucks on Dutchess Way, the restriction of trucks on Baron Boulevard and the restriction of trucks on Suffolk Meadows Boulevard. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Animal Friendly License Plate Program for Animal Shelter Services Consent Agenda Item #8 - An ordinance to accept and appropriate a Justice Assistance Grant from the United States Department of Justice in support of the Suffolk Police Department Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the United States Department of Justice Office of Community Oriented Policing Services in support of the City of Suffolk Police Department Consent Agenda Item #10 - An ordinance amending City Code Section 2-61 concerning City Council meeting time Consent Agenda Item #11 - An ordinance amending City Code Section 2-96 concerning deadline for registering as a nonagenda speaker Referring to Consent Agenda Items #7 through #11, City Manager Moor provided a summation of the background information as printed in the official agenda. 3 City Council Regular Meeting November 16, 2022 Council Member Fawcett, on a motion seconded by Council Member Ward, moved to approve Consent Agenda Items #7 through #11, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 PUBLIC HEARINGS Public Hearing Item #12 - 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 Pittmantown Road (Rte. 668) over Mill Swamp Bridge Replacement Utilizing a PowerPoint presentation, Public Works Director Robert Lewis offered a presentation of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Goldberg, on a motion seconded by Council Member Williams, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 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 PITTMANTOWN ROAD (RTE. 668) OVER MILL SWAMP BRIDGE REPLACEMENT Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from O-I, Office-Institutional zoning district, to B-2, General Commercial zoning district (Conditional), for property located at 3075 Godwin Boulevard, Zoning Map 25, Parcel 29M, Account Number 253269600; RZN2022-011 (Conditional) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Kevin Wyne submitted a report of the background information as printed in the official agenda. He added that he will provide one staff report for the above referenced item and the following item, CUP2022-019, as they are companion pieces, however, it is a legal requirement to conduct two separate public hearings. Melissa Venable, 5857 Harborview Boulevard, representing John A. Wright, Waverton Associates, applicant, spoke in support of the proposed ordinance, as presented. Rob Barrett, no address provided, representing the Cathcart Group, Gallery at Godwin, spoke in opposition to the proposed ordinance, as presented. Melissa Venable, 5857 Harborview Boulevard, representing John A. Wright, Waverton Associates, applicant, spoke in support of the proposed ordinance, as presented. 4 City Council Regular Meeting November 16, 2022 Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Fawcett called for clarification about the proposed condition requiring all moving vans and trucks to utilize the commercial entrance on Godwin Boulevard to access the site and limit usage of the inter-parcel connection between the subject parcel and the adjacent parcel. Interim Planning and Community Development Director Wyne said that matter is addressed in condition number two in the next conditional use permit ordinance. Referring to the presentation, Council Member Fawcett queried about the anticipated amount of traffic as it relates to the proposed project. Interim Planning and Community Development Director Wyne explained that the proposed project is not anticipated to general a high amount of traffic. Council Member Fawcett moved to approve the proposed ordinance, as presented. The motion failed to receive a second. Referring to the presentation, Council Member Goldberg inquired about the purpose of the stub out on the parcel under consideration. Interim Planning and Community Development Director Wyne replied that the stub out is a matter of traffic safety. Referring to the presentation, Council Member Williams asked about the responsibility of maintaining the parking lot, as it relates to the stub out. Interim Planning and Community Development Director Wyne stated that the maintenance of the parking lot is the responsibility of the property owner. City Manager Moor asked Fire and Rescue Chief Michael Barakey to address public safety access. Chief Barakey advised if a structure is more than 30 feet, then two access points are needed. Mayor Duman opined about the feasibility of installing an emergency ingress/egress between the parcel under consideration and the adjacent property. Interim Planning and Community Development Director Wyne indicated that might be a feasible option. Members of City Council opined about access and traffic issues on the parcel. Council Member Fawcett, on a motion made by Council Member Goldberg, 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, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM O-I, OFFICE-INSTITUTIONAL ZONING DISTRICT, TO B-2, GENERAL COMMERCIAL ZONING DISTRICT (CONDITIONAL), FOR PROPERTY LOCATED AT 3075 GODWIN BOULEVARD, ZONING MAP 25, PARCEL 29M, ACCOUNT NUMBER 253269600; RZN2022-011 (CONDITIONAL) 5 City Council Regular Meeting November 16, 2022 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a mini-warehouse on property located at 3075 Godwin Boulevard, Zoning Map 25, Parcel 29M, Account Number 253269600; CUP2022-019 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne reiterated the information as presented in the previous report as printed in the official agenda. Melissa Venable, 5857 Harborview Boulevard, representing John A. Wright, Waverton Associates, applicant, spoke in support of the proposed ordinance, as presented. Rob Barrett, no address provided, representing the Cathcart Group, Gallery at Godwin, spoke in opposition to the proposed ordinance, as presented. Phil Smith, 3021 North James Drive, representing John A. Wright, Waverton Associates, applicant, spoke in support of the proposed ordinance, as presented. Melissa Venable, 5857 Harborview Boulevard, representing John A. Wright, Waverton Associates, applicant, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg asked about the plan to prevent traffic from the proposed mini-storage using the adjacent property of the Gallery at Godwin. Interim Planning and Community Development Director Wyne advised that the proposed ordinance addresses the matter of truck traffic. Members of City Council opined about the access to the parcel under consideration and the adjacent parcel via the traffic light. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to continue consideration of the proposed ordinance for 30 days. City Clerk Dawley advised that the motion must be date specific. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to continue consideration of the proposed ordinance to the December 21, 2022, City Council meeting, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, Ward and Williams 6 NAYS: Council Member Butler Barlow (Council Member Johnson was excused.) 1 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 1013 Raven Hill Road, Zoning Map 26L, Parcel 174, Account Number 306003105; CUP2022-021 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. 6 City Council Regular Meeting November 16, 2022 Council Member Fawcett asked if the proposed day care would open on weekends. Interim Planning and Community Development Director Wyne said that there is no indication that the day care would be open on weekends. Council Member Fawcett said that he would like to see that information included in future staff reports on day care applications. Council Member Williams, on a motion seconded by Council Member Ward, moved to approve the proposed ordinance, with conditions, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A DAY CARE (FAMILY DAY HOME), 5-12 CHILDREN, ON PROPERTY LOCATED AT 1013 RAVEN HILL ROAD, ZONING MAP 26L, PARCEL 174, ACCOUNT NUMBER 306003105; CUP2022-021 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 August 17, 2022, meeting.) This item was continued to the February 15, 2023, City Council meeting under Item #5. ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report - City Truck Route Strategy Utilizing a PowerPoint presentation, Deputy City Manager Kevin Hughes offered a review of the above referenced item. MOTIONS Motion – A motion to schedule a public hearing to be held on December 7, 2022, to receive public comment on an ordinance to enter into a lease for restaurant services at the Suffolk Executive Airport 7 City Council Regular Meeting November 16, 2022 Council Member Goldberg, on a motion seconded by Council Member Williams, moved to schedule a public hearing to be held on December 7, 2022, to receive public comment on an ordinance to enter into a lease for restaurant services at the Suffolk Executive Airport, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 Motion – A motion to schedule a public hearing to be held on December 7, 2022, to receive public comment on the restriction of trucks on Shoulders Hill Road from Bridge Road to Pughsville Road, the restriction of trucks on Dutchess Way, the restriction of trucks on Baron Boulevard and the restriction of trucks on Suffolk Meadows Boulevard Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to schedule a public hearing to be held on December 7, 2022, to receive public comment on the restriction of trucks on Shoulders Hill Road from Bridge Road to Pughsville Road, the restriction of trucks on Dutchess Way, the restriction of trucks on Baron Boulevard and the restriction of trucks on Suffolk Meadows Boulevard, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 Motion – A motion to schedule a public hearing for December 7, 2022, to receive public comment on an ordinance authorizing conveyance of a 30’ permanent Hampton Roads Sanitation District’s (HRSD) utility easement, a variable width temporary HRSD construction easement, and a 25’ permanent HRSD ingress / egress easement, for the HRSD Suffolk Pump Station Replacements Project Council Member Williams, on a motion seconded by Council Member Goldberg, moved to schedule a public hearing for December 7, 2022, to receive public comment on an ordinance authorizing conveyance of a 30’ permanent Hampton Roads Sanitation District’s (HRSD) utility easement, a variable width temporary HRSD construction easement, and a 25’ permanent HRSD ingress / egress easement, for the HRSD Suffolk Pump Station Replacements Project, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 Motion – A motion to schedule a public hearing to be held on December 7, 2022, to receive public comment on conveyance of two land parcels located in Suffolk Industrial Park (Tax ID #s 34C*WHC19 (“Lot 19”) and 34C*WHC15 (“Lot 15”) 8 City Council Regular Meeting November 16, 2022 Council Member Ward, on a motion seconded by Council Member Goldberg, to move to schedule a public hearing to be held on December 7, 2022, to receive public comment on conveyance of two land parcels located in Suffolk Industrial Park (Tax ID #s 34C*WHC19 (“Lot 19”) and 34C*WHC15 (“Lot 15”), by the vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 Motion – A motion to schedule a City Council Work Session, for Wednesday, December 7, 2022, at 4:00 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Ward, moved to schedule a City Council Work Session, for Wednesday, December 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, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 NON-AGENDA SPEAKERS Chris Dove, 852 Colonel Meade Drive, representing self, opined about a recent decision made by the City’s Zoning Administrator regarding setbacks. Jeff Minnix, 1209 Mount Pleasant Drive, representing self, opined about traffic on Route 58. Kelly Hengler, 9345 Eclipse Drive, representing self, opined about water quality. Bryan Harris, 2455 Lake Cahoon Road, representing self, opined about land use. NEW BUSINESS City Clerk Dawley presented the following nomination: Agricultural Advisory Committee (direct marking representative) - Bryan Harris. Council Member Butler Barlow, on a motion seconded by Council Member Williams, moved to nominate and appoint the following individual to the respective body, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 9 City Council Regular Meeting November 16, 2022 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Interim Director Jennifer Moore provided a report on the following: the City’s observance of Thanksgiving; the ribbon cuttings for ReVISION and HomeGoods; the Parks and Recreation Department’s receipt of awards at the Virginia Recreation Parks State Conference; the new exhibition, Takin’ Care of Business at the Suffolk Center for Cultural Arts; the Virginia Museum of Fine Arts on the Road exhibition, An Automobile for the 21st Century; the 2022 Winter Exhibit; the City’s Grand Illumination; the Festival of Lights at Sleepy Hole Park; the 11th Annual Artisan Gift Fair; the Meet Santa event at the 11th Annual Artisan Gift Fair and the 2022 Suffolk Holiday Parade. Council Member Williams announced he attended the Suffolk Fire and Rescue Department’s Awards Ceremony. Council Member Williams acknowledged the Public Works Department for addressing constituent issues. Council Member Goldberg reported he attended the Suffolk Fire and Rescue Department’s Awards Ceremony. Council Member Goldberg reported he attended a recent meeting of the Economic Development Authority of the City of Suffolk. Council Member Ward announced he attended the following events: Suffolk Fire and Rescue Department’s Awards Ceremony; 47th Annual Hampton Roads Leadership Prayer Breakfast; Metropolitan Baptist Church and Huntersville Civic League. Council Member Butler Barlow opined about a visit from representatives from Virginia Polytechnic Institute and State University. Council Member Fawcett acknowledged Council Member Williams for his turkey give-away. Council Member Fawcett acknowledged the honorees recognized at the Suffolk Fire and Rescue Department’s Awards Ceremony. Council Member Fawcett acknowledged the Parks and Recreation Department’s receipt of awards at the Virginia Recreation Parks State Conference. Vice Mayor Bennett announced he attended the Suffolk Fire and Rescue Department’s Awards Ceremony. Vice Mayor Bennett opined about the Salvation Army Holiday Fund Drive. Mayor Duman reported he attended the following events: the Bring Your Legislator to School Day event; the Suffolk Fire and Rescue Department’s Awards Ceremony; the Hampton Roads Council of Veterans Organizations Veterans Day Parade; the 47th Annual Hampton Roads Leadership Prayer Breakfast and the Suffolk Sister Cities International Annual Meeting. 10 City Council Regular Meeting November 16, 2022 Mayor Duman acknowledged Council Member Williams for his turkey give-away. Council Member Fawcett, 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, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 There being no further business to come before City Council, the regular meeting was adjourned at 9:16 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: MAY 17, 2023 11