City Council Meeting Agendas

City Council Regular Meeting December 21, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, December 21, 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 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 There was no Closed Meeting, therefore, no certification was required. APPROVAL OF THE MINUTES Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the minutes from the June 15, 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. 1 City Council Regular Meeting December 21, 2022 REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Duman advised that City Manager Moor had information regarding Public Hearing Item #14 and Item #24. City Manager Moor reported that the applicant has submitted a request to continue consideration of Public Hearing Item #14 to the January 18, 2023, City Council meeting. He added that Item #24 needed to be removed from the agenda, and the remainder of the agenda be adopted as presented. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to continue consideration of Public Hearing Item #14 to the January 18, 2023, City Council meeting, to remove Item #24, and to 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 speakers under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate funds from the United States Tennis Association/Mid-Atlantic Section, Incorporated, for the Suffolk Department of Parks and Recreation Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Compensation Board for reimbursement of legal fees for the City of Suffolk Circuit Court Clerk Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Obici Healthcare Foundation for the Suffolk Public Library Early Childhood Providers Classroom Assessment Scoring System Training and Curriculum Support project Consent Agenda Item #10 - An ordinance to accept and appropriate HOME Investment Partnerships Program-American Rescue Plan funding from the United States Department of Housing and Urban Development Consent Agenda Item #11 - An ordinance to accept and appropriate funds from the Congestion Mitigation and Air Quality Improvement Program for the Shoulders Hill Road Multi-Use Path Project Consent Agenda Item #12 - An ordinance to accept and appropriate funds from the Virginia Department of Aviation in support of Environmental Coordination for a T-Hangar project at the Suffolk Executive Airport Consent Agenda Item #13 - An ordinance authorizing the execution of a Development and Funding Agreement for the Enterprise Drive and Holland Road intersection 2 City Council Regular Meeting December 21, 2022 Referring to Consent Agenda Items #7 through #13, City Manager Moor provided a summation of the background information as printed in the official agenda. Council Member Goldberg, on a motion seconded by Council Member Ward, moved to approve Consent Agenda Items #7 through #13, 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 the use parking, commercial (not owned or operated by a public agency), on property located at 130 Maya Way, Zoning Map 20*22J, Parcel 3; Account Number 306004631; CUP2022-022 This item was continued to the January 18, 2023, City Council meeting under Item #5. Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk from B-2, General Commercial Zoning District, to RU, Residential Urban Zoning District (Conditional), for property located at 5551 and 5635 Shoulders Hill Road, Zoning Map 12, Parcels 55*1D*2 and 55*1J; Account Numbers 304231700 and 304406400; RZN2022-009 (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. Melissa Venable, 5857 Harborview Boulevard, Land Planning Solutions, agent, representing Brian Rowe, Weldenfield and Rowe, applicant, spoke in support of the proposed ordinance, as presented. Brian Rowe, 803 Cypress Chapel Road, representing Weldenfield and Rowe, applicant, spoke in support of the proposed ordinance, as presented. Evelyn Jones, 4921 Fennel Lane, representing self, spoke in opposition to the proposed ordinance, as presented. Christopher Dove, 852 Colonel Meade Drive, representing self, spoke in opposition to the proposed ordinance, as presented. Brian Rowe, 803 Cypress Chapel Road, representing Weldenfield and Rowe, applicant, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Butler Barlow inquired about walking and biking access on Route 17. Mr. Rowe reported that sidewalks will be installed on Shoulders Hill Road, which will permit walking access. 3 City Council Regular Meeting December 21, 2022 Council Member Goldberg, on a motion made by Vice Mayor Bennett, 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 REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK FROM B-2, GENERAL COMMERCIAL ZONING DISTRICT, TO RU, RESIDENTIAL URBAN ZONING DISTRICT (CONDITIONAL), FOR PROPERTY LOCATED AT 5551 AND 5635 SHOULDERS HILL ROAD, ZONING MAP 12, PARCELS 55*1D*2 AND 55*1J; ACCOUNT NUMBERS 304231700 AND 304406400; RZN2022-009 (CONDITIONAL) Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 5, Subdivision, Section 31-506(b)(2), Minor Subdivision, Appendix A, Definitions, and Appendix B, Submission Requirements, B-9, Final Plats or Site Plans; OTA2022-002 (This item was continued from the October 19, 2022, City Council meeting.) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne gave a summary of the background information as printed in the official agenda. Christopher Dove, 852 Colonel Meade Drive, representing self, spoke in support of the proposed ordinance, as presented. The following individuals spoke in opposition to the proposed ordinance, as presented: Jaqueline Brooks, 1505 Manning Road, representing self. Jesse Johnson, 3508 Robs Drive, representing self. Morris Glover, no address provided, representing self. Wayne Courtney, 98 Kilby Shores Drive, representing Courtney and Associates. Kelly Hengler, 9345 Eclipse Drive, representing self. Thomas Moore, 133 Robin Lane, representing self. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett moved to continue consideration of the proposed ordinance for 90 days. City Attorney Hutchings advised that the motion would need to be date specific for a continuance. City Clerk Dawley reported that a 90-day continuance would be the March 15, 2023, City Council meeting Council Member Fawcett moved to consider consideration to the March 15, 2023, City Council meeting. The motion failed to receive a second. Mayor Duman recommended that the item be continued for 120 days. 4 City Council Regular Meeting December 21, 2022 Council Fawcett, on a motion seconded by Council Member Goldberg, moved to continue consideration to the April 19, 2023, City Council meeting. Referring to the presentation, Council Member Johnson asked about the size of the lot required for a parcel to be cut. Interim Planning and Community Development Director Wyne advised that minimal lot for a cut in the agricultural district is one acre. Referring to the presentation, Council Member Goldberg asked about the significance of March 1, 1970, contained in the ordinance. Interim Planning and Community Development Director Wyne replied that staff first saw the reference in the Unified Development Ordinance adopted in 1998. Members of City Council opined about the proposed ordinance. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to continue consideration to the April 19, 2023, City Council meeting, 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 Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, to Add Section 31-725, Flex Space, and Amend Appendix A, Definitions, of the Code of the City of Suffolk; OTA2022-005 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne supplied an overview of the background information as printed in the official agenda. Christopher Dove, 852 Colonel Meade Drive, representing self, spoke in support of the proposed ordinance. Kelly Hengler, 9345 Eclipse Drive, representing self, opined about the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett opined about locating commercial property adjacent to residential. Interim Planning and Community Development Director Wyne said that the proposed ordinance aims to limit the size of flex space near a residential area. Council Member Goldberg, on a motion seconded by Council Member Williams, 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 7, SUPPLEMENTAL USE REGULATIONS, TO ADD SECTION 31-725, FLEX SPACE, AND AMEND APPENDIX A, DEFINITIONS, OF THE CODE OF THE CITY OF SUFFOLK; OTA2022-005 5 City Council Regular Meeting December 21, 2022 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a drive-through use, for property located at 1523 Holland Road, Zoning Map 33A*AW, Parcel B, Account Number 153672700; CUP2022-018 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne provided a review of the background information as printed in the official agenda. Sarah McGowan, no address provided, GPD Group, agent, representing Lori Ginther, Taco Bell of America, LLC, applicant, spoke in support of the proposed ordinance. Jacqueline Brooks, 1305 Manning Road, representing self, spoke in opposition to the proposed ordinance, as presented. Sarah McGowan, no address provided, GPD Group, agent, representing Lori Ginther, Taco Bell of America, LLC, applicant, 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 Goldberg, moved to approve the ordinance, with conditions, 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 DRIVE- THROUGH USE, FOR PROPERTY LOCATED AT 1523 HOLLAND ROAD, ZONING MAP 33A*AW, PARCEL B, ACCOUNT NUMBER 153672700; CUP2022-018 ORDINANCES Ordinance – 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 (This item was continued from November 16, 2022, City Council meeting.) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne gave an overview of the background information as printed in official agenda. Council Member Fawcett, on a motion seconded by Council Member Butler Barlow, moved to approve the ordinance, with conditions, 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 MINI- WAREHOUSE ON PROPERTY LOCATED AT 3075 GODWIN BOULEVARD, ZONING MAP 25, PARCEL 29M; ACCOUNT NUMBER 253269600; CUP2022-019 6 City Council Regular Meeting December 21, 2022 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 public hearings to be held on January 18, 2023, to receive public comment on Land Lease Agreements by and between the City of Suffolk, Virginia and Shenandoah Cable Television, LLC for cable utility cabinet locations on City owned property at the North Suffolk Library and G. Robert House Water Treatment Plant City Manager Moor advised that this item will require two separate actions, as there are two separate parcels. Council Member Goldberg, on a motion seconded by Vice Mayor Bennett, moved to schedule a public hearing January 18, 2023, to receive public comment on Land Lease Agreements by and between the City of Suffolk, Virginia and Shenandoah Cable Television, LLC for cable utility cabinet locations on City owned property at the North Suffolk Library, 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 Council Member Johnson, on a motion seconded by Council Member Williams, moved to schedule a public hearing January 18, 2023, to receive public comment on Land Lease Agreements by and between the City of Suffolk, Virginia and Shenandoah Cable Television, LLC for cable utility cabinet locations on City owned property at the G. Robert House Water Treatment Plant, 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, January 18, 2023, at 4:00 p.m., unless cancelled Council Member Williams, on a motion seconded by Vice Mayor Bennett, moved to schedule a City Council Work Session, for Wednesday, January 18, 2023, 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 December 21, 2022 Motion – A motion to schedule a Joint Meeting of City Council and the School Board for Wednesday, January 25, 2023, at 3:00 p.m., unless cancelled This item was removed under Item #5. NON-AGENDA SPEAKERS Thomas Rein, 119 Suffolk Meadow Boulevard, representing self, opined about transportation and development. Chris Dove, 852 Colonel Meade Drive, representing self, opined about cluster development. Bryan Harris, 2455 Lake Cohoon Road, representing self, opined about population growth. NEW BUSINESS Council Member Goldberg, on a motion seconded by Council Member Williams, moved for City Council reconsider Conditional Use Permit Rezoning Request RZN2022-004, that a public hearing on the matter be advertised to occur on January 18, 2023, and that City staff make application materials related to RZN2022-004 available for review by the public, be the following 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, Interim Media and Community Relations Director Jennifer Moore provided a report on the following: Public Works Department’s Citizen Academy; grand opening of Banner’s Hallmark; Shop with a Cop Toy Drive; the City Employee Holiday Luncheon; Kilby Shores Elementary School “Sings At City Hall” event; the Annual Edmarc Santa Run and the City’s holiday closures. Council Member Butler Barlow opined about the presentation at today’s Work Session by the Agriculture Advisory Committee. Council Member Butler Barlow acknowledged Council Member Goldberg’s service to the City. Council Member Johnson opined the presentation at today’s Work Session by the Agriculture Advisory Committee. Council Member Johnson acknowledged Council Member Goldberg’s service to the City. Council Member Fawcett reported he attended the City Employee Holiday Luncheon. Council Member Fawcett opined about the Holiday Lights at Sleepy Hole Park. Council Member Fawcett acknowledged Council Member Goldberg’s service to the City. 8 City Council Regular Meeting December 21, 2022 Council Member Williams announced he attended the City Employee Holiday Luncheon. Council Member Williams acknowledged Council Member Goldberg’s service to the City. Council Member Ward reported he attended the City Employee Holiday Luncheon. Council Member Ward acknowledged Council Member Goldberg’s service to the City. Vice Mayor Bennett announced that he attended the grand opening of Banner’s Hallmark. Vice Mayor Bennett reported he attended the City Employee Luncheon. Vice Mayor Bennett acknowledged Council Member Goldberg’s service to the City. Council Member Goldberg acknowledged all members of City Council and City Administration for their support. Mayor Duman announced he attended the City Holiday Parade. Mayor Duman reported he attended the City Employee Luncheon. Mayor Duman announced he attended the Albert G. Horton Veterans Cemetery Annual Wreath Laying Ceremony. Mayor Duman acknowledged Council Member Goldberg’s service to the City. Council Member Williams, on a motion seconded by Council Member Goldberg, 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 9:16 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: JUNE 21, 2023 9