City Council Meeting Agendas

City Council Regular Meeting May 15, 2024 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, May 15, 2024, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelley Butler Barlow Roger W. Fawcett Timothy J. Johnson John T. Rector 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 Butler Barlow 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 May 15, 2024, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Bennett, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF MAY 15, 2024, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting May 15, 2024 APPROVAL OF THE MINUTES Vice Mayor Ward, on a motion seconded by Council Member Williams, moved to approve the minutes from the March 20, 2024, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation - A proclamation in recognition of “National Emergency Medical Services Week” Mayor Duman presented the aforementioned proclamation to Fire Chief Michael Barakey and Battalion Chief Keith Johnson. Special Presentation - A proclamation in recognition of “National Public Works Week” Mayor Duman presented the aforementioned proclamation to Public Works Director Robert Lewis and participants in the Suffolk Public Works Citizens Academy. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Council Member Johnson, on a motion seconded by Council Member Williams, moved to adopt the agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector 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 donated to the City of Suffolk Department of Parks and Recreation Consent Agenda Item #8 - An ordinance to accept and appropriate additional funds from the Virginia Department of Transportation State of Good Repair Program and to transfer local Urban Maintenance Funds for the bridge replacement on Pittmantown Road over Mill Swamp 2 City Council Regular Meeting May 15, 2024 Referring to Consent Agenda Items #7 and #8, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Vice Mayor Ward, moved to approve Consent Agenda Item #7 and #8, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance to amend Section 26-2 to amend the Boundaries of Voting Precincts in the Cypress Borough Utilizing a PowerPoint presentation, Deputy City Manager Kevin Hughes outlined the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Bennett, on a motion seconded by Council Member Williams, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO AMEND SECTION 26-2 TO AMEND THE BOUNDARIES OF VOTING PRECINCTS IN THE CYPRESS BOROUGH 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 District zoning district, to M-2, Heavy Industrial zoning district (conditional), for property located at 1941 Wilroy Road, Zoning Map 26, Parcel 22A*22B*22C, Account Number 301260000; RZN2023-011 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne offered a synopsis of the background information as printed in the official agenda. Laura Kirkwood, Hampton Roads Sanitation District, 1434 Air Rail Avenue, Virginia Beach, Virginia, representing Hampton Roads Sanitation District, spoke in support of the proposed ordinance, Chris Wilson, 301 Bendix Road, Suite 400, Brown and Caldwell, Virginia Beach, Virginia, representing Hampton Roads Sanitation District, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting May 15, 2024 Council Member Bennett, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector 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 DISTRICT ZONING DISTRICT, TO M-2, HEAVY INDUSTRIAL ZONING DISTRICT (CONDITIONAL), FOR PROPERTY LOCATED AT 1941 WILROY ROAD, ZONING MAP 26, PARCEL 22A*22B*22C, ACCOUNT NUMBER 301260000; RZN2023-011 (CONDITIONAL) Public Hearing - An ordinance to grant a Conditional Use Permit to establish surface mining operations (borrow pit), on property located at 12000 Wyanoke Trail, Zoning Map 59, Parcel 4, Account Number 152491400; CUP2023-025 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne provided a summary of the background information as printed in the official agenda. Jesse Johnson, 3508 Robs Drive, representing Jeffery Paxton, Paxton Contractors Corporation, applicant, spoke in support of the proposed ordinance, with conditions, as presented. Molly Bertsch, 116 Landmark Square, Suite 101, Virginia Beach, Virginia, representing MAP Environmental, Incorporated, spoke in support of the proposed ordinance, with conditions, as presented. The following individuals opined about the proposed ordinance, with conditions, as presented: Jason Bullock, 600 East Main Street, Richmond, Virginia, representing the Virginia Department of Conservation and Recreation. Thomas Rein, 119 Suffolk Meadows Boulevard, representing Citizens Voice. Kelly Hengler, no address provided, representing the Crittenden Eclipse Hobson Heritage Civic League. Beth Cross, 8881 Eclipse Drive, representing Nansemond River Preservation Alliance. Dr. Andrea Parodi, 2655 River Watch Drive, representing self, spoke in opposition to the proposed ordinance, with conditions. Laurna Taylor, 5577 Godwin Boulevard, representing self, spoke in opposition to the proposed ordinance, with conditions. Jesse Johnson, 3508 Robs Drive, representing Jeffery Paxton, Paxton Contractors Corporation, applicant, spoke in support of the proposed ordinance, with conditions, as presented. Molly Bertsch, 116 Landmark Square, Suite 101, Virginia Beach, Virginia, representing MAP Environmental, Incorporated, spoke in support of the proposed ordinance, with conditions, as presented. 4 City Council Regular Meeting May 15, 2024 Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Johnson asked about the number of natural heritage sites in Suffolk. Planning and Community Development Director Wyne replied that there is one natural heritage site in Suffolk. Council Member Fawcett, on a motion seconded by Council Member Rector, moved to approve the ordinance, with conditions, as presented. Mayor Duman opined about the rare animals, wildlife and geographical formations on the parcel under consideration. Planning and Community Development Director Wyne stated that the Virginia Department of Conservation and Recreation outlined those matters, and there were no problematic findings. Mayor Duman queried about the staging process for the proposed borrow pits. Jeffery Paxton, Jr., Paxton Contractors Corporation, said that the borrow pits would be staged in phases. He added that the environmentally sensitive areas will be protected by a buffer. Mayor Duman asked if the City had a condition in place that would require the proposed borrow pits to be staged in phases. Mr. Paxton replied that there is no condition in place that would require the proposed borrow pits to be staged in phases. He added that type of condition could be added if needed. Mayor Duman opined about the legality of continuing the consideration of the proposed ordinance to a future meeting, in order to consider the addition of a condition requiring the applicant to stage the borrow pits in phases. City Attorney Hutchings said that City Council could continue the proposed ordinance to consider that matter. Mr. Jesse Johnson asked about the feasibility of offering a new condition at this time. Mayor Duman requested clarification about the legality of offering a new condition at this time. City Attorney Hutchings recommended that City Council delay action on the proposed ordinance, if the applicant wishes to offer additional conditions, in order to determine the feasibility of the new conditions. Members of City Council opined about the proposed ordinance, with conditions. Vice Mayor Ward, on a motion seconded by Council Member Butler Barlow, moved to continue consideration of the proposed ordinance for 60 days. City Attorney Hutchings said that the item would need to be continued to the July 19, 2024, City Council meeting. City Clerk Dawley clarified that the date would be the July 17, 2024, City Council meeting. Vice Mayor Ward, on a motion seconded by Council Member Butler Barlow, moved to continue consideration of the proposed ordinance to the July 17, 2024, City Council meeting, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Johnson, Rector and Williams 7 NAYS: Council Member Fawcett 1 5 City Council Regular Meeting May 15, 2024 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 M-2, Heavy Industrial zoning district, to RU-18, Residential Urban-18 (Conditional) zoning district for properties located at 606 Carolina Road, Zoning Map 34, Parcel 83 and 83D, Account Numbers 100280000 and 104000265; RZN2024-002 (Conditional) Vice Mayor Ward announced he would not participate in any discussion or City Council action related to the proposed ordinance due to a personal interest in the item under consideration. Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne gave a report of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance, Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, representing Bob Arnette, Costal Virginia Partners, applicant and property owner, spoke in support of the proposed ordinance, as presented. Will Holt, 506 North Main Street, Franklin, Virginia, representing Paul D. Camp Community College, spoke in support of proposed ordinance, as presented. Eric Tallman, 316 Greenfield Crescent, representing self. Arthalia Kahan, 302 Webb Street, representing self. Christopher Dove, 852 Colonel Meade Drive, representing self, spoke in opposition to the proposed ordinance, as presented. Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, representing Bob Arnette, Costal Virginia Partners, applicant and property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Council Member Bennett, moved to approve the ordinance, with conditions, as presented. Council Member Bennett opined about the timeline for the construction of the emergency access. Planning and Community Development Director Wyne explained that that there is no schedule for the emergency access. He added that it is one of the conditions that are the responsibility of the applicant. He also stated that the proposed ordinance will be approved with the updated proffers as submitted by the applicant. City Attorney Hutchings said the proposed ordinance will need to be approved with the proffers received on May 10, 2024. Referring to the presentation, Council Member Williams opined about connectivity. Planning and Community Development Director Wyne advised there is a paper street that would be improved to Cedar Street. Referring to the presentation, Council Member Bennett inquired about emergency access to Greenfield Crescent. Planning and Community Development Director Wyne advised that developer is required to improve emergency access, but he is unaware of the timeline to do so. 6 City Council Regular Meeting May 15, 2024 Council Member Butler Barlow opined about any positive impact on the stormwater issues in the neighboring areas, as a result of the proposed project. Public Works Director Robert Lewis reported that the proposed project might help with stormwater issues in the neighboring areas. Council Member Williams, on an amended motion seconded by Council Member Butler Barlow, moved to approve the proposed ordinance, with the conditions submitted by the applicant on May 10, 2024, by the following vote: AYES: Mayor Duman, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 ABSTAIN: Vice Mayor Ward 1 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 M-2, HEAVY INDUSTRIAL ZONING DISTRICT, TO RU-18, RESIDENTIAL URBAN-18 (CONDITIONAL) ZONING DISTRICT FOR PROPERTIES LOCATED AT 606 CAROLINA ROAD, ZONING MAP 34, PARCEL 83 AND 83D, ACCOUNT NUMBERS 100280000 AND 104000265; RZN2024-002 (CONDITIONAL) Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Schools, business or trade use, on property located at 612 Carolina Road, Zoning Map 34, Parcel 83C, Account Number 104000264; CUP2024-002 Vice Mayor Ward announced he would not participate in any discussion or City Council action related to the proposed ordinance due to a personal interest in the variance under consideration. Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne submitted a summary of the background information as printed in the official agenda. Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, representing Moore’s Pointe, LLC, applicant and property owner, spoke in support of the proposed ordinance, as presented. Will Holt, 506 North Main Street, Franklin, Virginia, representing Paul D. Camp Community College, spoke in support of proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 ABSTAIN: Vice Mayor Ward 1 7 City Council Regular Meeting May 15, 2024 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SCHOOLS, BUSINESS OR TRADE USE, ON PROPERTY LOCATED AT 612 CAROLINA ROAD, ZONING MAP 34, PARCEL 83C, ACCOUNT NUMBER 104000264; CUP2024-002 ORDINANCES Ordinance - An ordinance authorizing the City Manager to enter into a Memorandum of Understanding with the Nansemond Indian Nation for the transfer of a portion of Tax Map Parcel Number 10*46 and to execute certain related documents (This item was continued from the March 20, 2024, City Council meeting.) Utilizing a PowerPoint presentation, Deputy City Manager Kevin Hughes gave an overview of the background information as printed in the official agenda. Council Member Butler Barlow, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Butler Barlow, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 ABSTAIN: Council Member Bennett 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE NANSEMOND INDIAN NATION FOR THE TRANSFER OF A PORTION OF TAX MAP PARCEL NUMBER 10*46 AND TO EXECUTE CERTAIN RELATED DOCUMENTS RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report - Significant Land Use Applications Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne provided a synopsis of the background information as printed in the official agenda. 8 City Council Regular Meeting May 15, 2024 MOTIONS Motion - A motion to schedule a City Council Work Session for Wednesday, June 5, 2024, at 4:00 p.m., unless cancelled by the Mayor and City Manager Council Member Johnson, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session for Wednesday, June 5, 2024, at 4:00 p.m., unless cancelled by the Mayor and City Manager, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS Christopher Dove, 852 Colonel Meade Drive, representing self, opined about the City’s Unified Development Ordinance. Rennee Townsend, 156 West Washington Street, representing Rennee’s Restaurant and Longue, opined about Alcoholic Beverage Control licenses and local open container laws. Andrea Parodi, 2655 River Watch Drive, was not present when called. Valija Rose, 168 Preserve Way, representing self, reported maintenance concerns at the Preserve at Lake Meade. Daniel Blue, 168 Preserve Way, representing self, reported maintenance concerns at the Preserve at Lake Meade. NEW BUSINESS There were no items under this portion of the agenda. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: the closure of Route 58/Manning Road for maintenance; the acceptance of applications of Downtown Advisory Committee; the Commonwealth’s Attorney Youth Crime Investigation Scene Camp; the Public Safety portal; the availability of mosquito dunks and Suffolk Parks and Recreation Department’s 50 Fun Things to Do virtual event. Council Member Butler Barlow announced she was the guest speaker at a recent Suffolk Rotary Club meeting. Council Member Butler Barlow attended the Early Childhood Development Commission Banquet. Council Member Butler Barlow opined about the Nansemond Indian Tribal Nation agreement. Council Member Bennett opined about maintenance concerns at the Preserve at Lake Meade. 9 City Council Regular Meeting May 15, 2024 Council Member Johnson opined maintenance concerns at the Preserve at Lake Meade. Council Member Johnson expressed his appreciation to Carter Hotchkiss for the donation of two park benches. Council Member Johnson opined about the Nansemond Indian Tribal Nation agreement. Council Member Johnson opined about the City’s and regional transportation needs. Council Member Rector announced he attended the Hampton Roads Workforce Council “20 Under 20” event. Council Member Rector opined about the Downtown Advisory Committee. Council Member Rector opined about the Nansemond Indian Tribal Nation agreement. Council Member Williams thanked City Administration for their assistance with a variety of constituent issues. Council Member Fawcett opined about the Nansemond Indian Tribal Nation agreement. Vice Mayor Ward expressed his appreciation to the Suffolk Fire and Rescue Department for their assistance. Vice Mayor Ward opined about today’s Work Session presentations on youth summer programs and the transit update. Vice Mayor Ward called for clarification about the City’s authority as it relates to Alcoholic Beverage Control permits. Deputy City Manager Hughes explained that those licenses are issued by the Virginia Alcoholic Beverage Control Authority. He added that the City is exploring its local open container laws. Vice Mayor Ward opined about the Nansemond Indian Tribal Nation agreement. Mayor Duman reported he attended the following: the National Day of Prayer Breakfast; the Portsmouth State of the City and the Bon Secours Harbour View Medical Center Walk-thru. Mayor Duman opined about the Nansemond Indian Tribal Nation agreement. Council Member Williams, on a motion seconded by Council Member Fawcett, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 10 City Council Regular Meeting May 15, 2024 There being no further business to come before City Council, the regular meeting was adjourned at 9:58 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: AUGUST 21, 2024 11