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City Council Meeting Agendas

Regular Meeting

Suffolk, VA · December 18, 2024

AgendaMinutes

Minutes

City Council Regular Meeting December 18, 2024 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, December 18, 2024, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett (departed at 9:07 p.m.) 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 II, City Manager ABSENT 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 December 18, 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 Williams, 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 DECEMBER 18, 2024, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting December 18, 2024 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Rector, moved to approve the minutes from the September 18, 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 - Highlighting Suffolk’s 50th Anniversary Celebrations Utilizing a video presentation, Communications Director Jennifer Moore supplied a report on the above- mentioned item. She also presented a letter from Governor Glenn Youngkin to Mayor Duman in recognition of the City’s 50th anniversary. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Council Member Johnson, on a motion seconded by Council Member Bennett, 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 - A resolution to adopt the 2024 edition of the City of Suffolk’s Emergency Operations Plan, as revised Consent Agenda Item #8 - A resolution declaring and rescinding a local emergency Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Virginia Risk Sharing Association for the City of Suffolk Risk Management Program Consent Agenda Item #10 - An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Animal Friendly License Plate Program for Animal Shelter Services 2 City Council Regular Meeting December 18, 2024 Consent Agenda Item #11 - An ordinance to accept and appropriate additional funds from the Virginia Department of Transportation for the Suffolk Traffic Operations Center project and authorize the transfer of Congestion Mitigation and Air Quality Improvement Program funds from the Citywide Signal System Upgrade project to the Suffolk Traffic Operations Center project Referring to Consent Agenda Items #7 through #11, 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 the Consent 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 PUBLIC HEARINGS Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RM, Residential Medium Density and RC, Residential Compact zoning district to RU, Residential Urban (Conditional) zoning district for properties located at 506 Valor Court and along Hunter Street, A portion of Hunter street, a portion of Zoning map 34I, Parcel 54B, Zoning Map 35H(1)B, Parcels D, 4F, and 4J, Account Numbers 103447000, 100309000, 100304000, and 100307000; RZN2024-007 (Conditional) City Manager Moor stated that the Tax Map Number 341*54B as printed in the official agenda should read Tax Map Number 34(I)54B. Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne provided a summary of the above referenced topic. The following individuals spoke in support of the proposed ordinance, with conditions, as presented: Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, representing Bob Arnette, Coastal Virginia Partners, LLC, applicant and property owner. Shameka Council, 210 Greenfield Crescent, representing self. Athalia Kahan, 302 Webb Street, representing self. Hearing no additional speakers, the public hearing was closed. City Attorney Hutchings announced that the voluntary proffer statement would need to be amended to change the Tax Map Number from 341*54B to 34(I)*54B and asked whether the applicant is amenable to the change. Mr. Palmer replied that the applicant is willing to make the amendment. 3 City Council Regular Meeting December 18, 2024 Council Member Williams, on a motion seconded by Vice Mayor Ward, moved to approve the ordinance, with the amendment as outlined above, 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 RM, RESIDENTIAL MEDIUM DENSITY AND RC, RESIDENTIAL COMPACT ZONING DISTRICT TO RU, RESIDENTIAL URBAN (CONDITIONAL) ZONING DISTRICT FOR PROPERTIES LOCATED AT 506 VALOR COURT AND ALONG HUNTER STREET, A PORTION OF HUNTER STREET, A PORTION OF ZONING MAP 34I, PARCEL 54B, ZONING MAP 35H(1)B, PARCELS D, 4F, AND 4J, ACCOUNT NUMBERS 103447000, 100309000, 100304000, AND 100307000; RZN2024-007 (CONDITIONAL), AS AMENDED Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RLM, Residential Low Medium density zoning district, to M-2, Heavy Industrial zoning district, for properties located at 3865 and 3829 Nansemond Parkway, Zoning Map 19C, Parcels R48, R49, R50 and R51, Account Numbers 301345000, 302685040, 302685030 and 303236000; RZN2024-009 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne supplied a synopsis of the background information as printed in the official agenda for the current application and the next application, CUP2024-025. The following individuals spoke in support of the proposed ordinance, as presented: Jesse Johnson, 3508 Robs Drive, representing Douglas B. McConnell and Brandon L. McConnell, applicants and property owners, spoke in support of proposed ordinance. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self, opined about the proposed ordinance. Jesse Johnson, 3508 Robs Drive, representing Douglas B. McConnell and Brandon L. McConnell, applicants and property owners. Hearing no additional speakers, the public hearing was closed. Council Member Bennett, on a motion seconded by Council Member Fawcett, moved to approve the ordinance. Referring to the presentation, Council Member Butler Barlow inquired about the impact of the project on the adjacent homeowner. Mr. Johnson advised that the applicants have offered vegetative screening as a buffer. 4 City Council Regular Meeting December 18, 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 RLM, RESIDENTIAL LOW MEDIUM DENSITY ZONING DISTRICT, TO M-2, HEAVY INDUSTRIAL ZONING DISTRICT, FOR PROPERTIES LOCATED AT 3865 AND 3829 NANSEMOND PARKWAY, ZONING MAP 19C, PARCELS R48, R49, R50 AND R51, ACCOUNT NUMBERS 301345000, 302685040, 302685030 AND 303236000; RZN2024-009 Public Hearing - An ordinance to grant a Conditional Use Permit to establish an outdoor operations and storage, manufacturing/processing use on property located at 3737, 3865, and 3829 Nansemond Parkway, Zoning Map 19C, Parcels R48, R49, R50, R51, R53, R*53A, and R62*56*54, Account Number 300307400, 302078000, 302079000, 301345000, 302685040, 302685030, and 303236000; CUP2024-025 City Manager Moor advised that the staff report for this item was given in conjunction with the previous item. Jesse Johnson, 3508 Robs Drive, representing Douglas B. McConnell and Brandon L. McConnell, applicants and property owners, spoke in support of proposed ordinance, as presented. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self, opined about the proposed ordinance, as presented. Jesse Johnson, 3508 Robs Drive, representing Douglas B. McConnell and Brandon L. McConnell, applicants and property owners, spoke in support of proposed ordinance, as presented. Referring to the presentation, Council Member Bennett inquired about the width of the right-of-way for the bike trail. Planning and Community Development Director Wyne advised the right-of-way is 50 feet. Hearing no additional speakers, the public hearing was closed. Council Member Bennett moved to approve the ordinance. Referring to the presentation, Council Member Johnson asked about possible traffic impacts as a result of the project. Public Works Director Robert Lewis advised no additional traffic is expected as a result of the project. Council Member Bennett, on a motion seconded by Council Member Johnson, 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 5 City Council Regular Meeting December 18, 2024 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH AN OUTDOOR OPERATIONS AND STORAGE, MANUFACTURING/PROCESSING USE ON PROPERTY LOCATED AT 3737, 3865, AND 3829 NANSEMOND PARKWAY, ZONING MAP 19C, PARCELS R48, R49, R50, R51, R53, R*53A, AND R62*56*54, ACCOUNT NUMBER 300307400, 302078000, 302079000, 301345000, 302685040, 302685030, AND 303236000; CUP2024- 025 ORDINANCES Ordinance - An ordinance to grant a Conditional Use Permit to establish a solar energy facilities use on properties located at 1380, 1390, 1398, and 1400 White Marsh Road; Zoning Map 35, Parcels 172, 172A and 172B, and Zoning Map 45, Parcel 49D; Account Numbers 050924400, 052606000, 053457500, and 053457600; CUP2024-006 (This item was continued from the November 20, 2024, City Council Meeting.) Utilizing a PowerPoint presentation, Planning and Community Development Housing Director Wyne provided an overview of the background information as printed in the official agenda. Mayor Duman opined about the inclusion of any proffers regarding the location of the inverters and any potential impact of noise from the inverters on the adjacent property owners. Planning and Community Development Director Wyne replied that the inverters will be further away from the property line. Mayor Duman inquired about any potential adverse impact resulting from anticipated noise from the proposed project. Planning and Community Development Director Wyne advised that the newest proffer addresses noise. Council Member Rector asked about the efforts of staff to mitigate the noise at the existing solar farm. City Manager Moor advised that hay bales were temporarily added to buffer sound, and the Planning and Community Development department is working toward a more permanent solution. Council Member Bennett, on a motion seconded by Council Member Johnson, moved to deny the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Johnson, Rector and Williams 7 NAYS: None 0 ABSTAIN: Council Member Fawcett 1 RESOLUTIONS Resolution - A resolution to amend the Comprehensive Plan for 2035 and adopt Suffolk 2045, The City of Suffolk Comprehensive Plan as the City of Suffolk’s Comprehensive Plan (This item was continued from the November 20, 2024, City Council Meeting.) Utilizing a PowerPoint presentation, Principal Planner W. Keith Cannady supplied an outline of the background information as printed in the official agenda. 6 City Council Regular Meeting December 18, 2024 Council Member Rector, on a motion seconded by Council Member Fawcett, moved to approve the resolution with an amendment to the northern growth area in Exhibit A, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Butler Barlow, Fawcett, Rector and Williams 6 NAYS: Council Member Bennett 1 ABSTAIN: Council Member Johnson 1 A RESOLUTION TO AMEND THE COMPREHENSIVE PLAN FOR 2035 AND ADOPT SUFFOLK 2045, THE CITY OF SUFFOLK COMPREHENSIVE PLAN AS THE CITY OF SUFFOLK’S COMPREHENSIVE PLAN, AS AMENDED STAFF REPORT There were no items under this portion of the agenda. MOTIONS Motion - A motion to schedule a City Council Work Session for January 15, 2025, at 4:00 p.m., unless canceled by the Mayor and City Manager Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to schedule a City Council Work Session for Wednesday, January 15, 2025, at 4:00 p.m., unless canceled 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 Arthur Elliott, 1015 Nansemond Parkway, was not present when called. Donald Goldberg, 408 West Riverview Drive, representing self, opined about the 2045 Comprehensive Plan. Shane Alexander, 1800 White Marsh Road, representing self, reported noise from Stratford Solar. Frank Plasencia, 442 Williams Road, representing self, opined about the City’s Operating Budget. Denise Murden, 4041 Kingston Parkway, representing self, shared her request for an additional public hearing regarding the 20245 Comprehensive Plan. Kelly Hengler, 9345 Eclipse Drive, representing the Chuckatuck Eclipse Hobson Heritage Civic League, commented about the 2045 Comprehensive Plan. 7 City Council Regular Meeting December 18, 2024 NEW BUSINESS City Clerk Dawley presented the following nominations for appointments to the respective bodies: Early Childhood Development Commission – Carol Johnson (Private School Professional representative); Fikeria Yancy (Social Services representative); Tamie Ritttenhouse (Head Start representative); Carol Wilson (Early Childhood representative) and Virginia Staylor (At Large representative), effective January 1, 2025. Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to nominate and appoint the aforementioned individuals to the respective bodies, 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 Council Member Rector, on a motion seconded by Council Member Williams, moved to direct City Manager Moor to review and recommend updates to existing ordinances pertaining to residential refuse collection in the Historic District. In particular, this request shall take into consideration: placement and storage of containers, requirements related to loose trash and bulk pick-up, and enforcement and penalties for noncompliance. Mayor Duman opined about amending the proposed amendment to include commercial refuse collection. Council Member Rector said that commercial refuse collection is already under review, but he was amenable to amending the motion to include commercial refuse collection. Council Member Rector, on an amended motion seconded by Council Member Williams, moved to direct City Manager Moor to review and recommend updates to existing ordinances pertaining to residential and commercial refuse collection in the Historic District. In particular, this request shall take into consideration: placement and storage of containers, requirements related to loose trash and bulk pick-up, and enforcement and penalties for noncompliance, 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 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Communications Director Jennifer Moore provided a report on the following: the City’s observance of Christmas and New Year’s Day holidays; the grand opening of Wawa; a traffic alert for Route 58; the Parks and Recreation Department’s Festival of Light Walk- Through; the Suffolk Public Library’s 2025 Noon New Year’s Eve Kid Party; the City’s public safety portal and highlights from the City’s Holiday Parade. Council Member Butler Barlow opined about the 2045 Comprehensive Plan. Council Member Butler Barlow acknowledged the service of Council Member Fawcett. Council Member Bennett thanked all the individuals in attendance at tonight’s meeting. 8 City Council Regular Meeting December 18, 2024 Council Member Bennett acknowledged the service of Council Member Fawcett. Council Member Bennett acknowledged Council Member-elect Ebony Wright. Council Member Johnson acknowledged the service of Council Member Fawcett. Council Member Rector reported that he attended the Albert G. Horton, Jr. Veterans Cemetery Holiday Wreath Laying Ceremony. Council Member Rector opined about the Holiday Downtown Historic Home Tour. Council Member Rector acknowledged the service of Council Member Fawcett. Council Member Williams acknowledged the service of Council Member Fawcett. Vice Mayor Ward opined about the 2045 Comprehensive Plan. Vice Mayor Ward acknowledged the service of Council Member Fawcett. Council Member Fawcett opined about his tenure on City Council. Mayor Duman announced that he attended the following: the City Employee Holiday Party; the Downtown Rotary Club Auction; the City Council Holiday Party; the Albert G. Horton, Jr, Veterans Cemetery Holiday Party, and a meeting at the Western Tidewater Community Services Board. Mayor Duman gave a year-end wrap up. Mayor Duman acknowledged the service of Council Member Fawcett. Council Member Fawcett, on a motion seconded by Council Member Butler Barlow, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Butler Barlow, Fawcett, Johnson, Rector and Williams 7 NAYS: None 0 (Council Member Bennett departed the meeting at 9:07 p.m.) There being no further business to come before City Council, the regular meeting was adjourned at 9:34 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: APRIL 16, 2025 9

Agenda

SUFFOLK CITY COUNCIL AGENDA December 18, 2024 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation No City Council action required. 3. Approval of the Minutes Approved 8-0 4. Special Presentation - Highlighting Suffolk’s 50th Anniversary Celebrations No City Council action required. 5. Removal of Items from the Consent Agenda and Adoption of the Agenda Approved 8-0 6. Agenda Speakers No City Council action required. 7. Consent Agenda - A resolution to adopt the 2024 edition of the City of Suffolk’s Emergency Operations Plan, as revised Approved 8-0 8. Consent Agenda - A resolution declaring and rescinding a local emergency Approved 8-0 9. Consent Agenda - An ordinance to accept and appropriate funds from the Virginia Risk Sharing Association for the City of Suffolk Risk Management Program Approved 8-0 10. Consent Agenda - An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Animal Friendly License Plate Program for Animal Shelter Services Approved 8-0 11. Consent Agenda - An ordinance to accept and appropriate additional funds from the Virginia Department of Transportation for the Suffolk Traffic Operations Center project and authorize the transfer of Congestion Mitigation and Air Quality Improvement Program funds from the Citywide Signal System Upgrade project to the Suffolk Traffic Operations Center project Approved 8-0 12. Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RM, Residential Medium Density and RC, Residential Compact zoning district to RU, Residential Urban (Conditional) zoning district for properties located at 506 Valor Court and along Hunter Street, A portion of Hunter Street, a portion of Zoning map 34I, Parcel 54B, Zoning Map 35H(1)B, Parcels D, 4F, and 4J, Account Numbers 103447000, 100309000, 100304000, and 100307000; RZN2024-007 (Conditional) Approved as amended 8-0 13. Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RLM, Residential Low Medium density zoning district, to M-2, Heavy Industrial zoning district, for properties located at 3865 and 3829 Nansemond Parkway, Zoning Map 19C, Parcels R48, R49, R50 and R51, Account Numbers 301345000, 302685040, 302685030 and 303236000; RZN2024-009 Approved 8-0 14. Public Hearing - An ordinance to grant a Conditional Use Permit to establish an outdoor operations and storage, manufacturing/processing use on property located at 3737, 3865, and 3829 Nansemond Parkway, Zoning Map 19C, Parcels R48, R49, R50, R51, R53, R*53A, and R62*56*54, Account Number 300307400, 302078000, 302079000, 301345000, 302685040, 302685030, and 303236000; CUP2024-025 Approved 8-0 15. Ordinance - An ordinance to grant a Conditional Use Permit to establish a solar energy facilities use on properties located at 1380, 1390, 1398, and 1400 White Marsh Road; Zoning Map 35, Parcels 172, 172A and 172B, and Zoning Map 45, Parcel 49D; Account Numbers 050924400, 052606000, 053457500, and 053457600; CUP2024-006 (This item was continued from the November 20, 2024, City Council Meeting.) A motion to deny the proposed ordinance was approved by a vote of 7-0-1 (Council Member Fawcett abstained.) 2 16. Resolution - A resolution to amend the comprehensive plan for 2035 and adopt Suffolk 2045, The City of Suffolk Comprehensive Plan as the City of Suffolk’s comprehensive plan (This item was continued from the November 20, 2024, City Council Meeting.) Approved as amended 6-1-1 (Council Member Bennett voted in opposition and Council Member Johnson abstained.) 17. Staff Reports No City Council action required. 18. Motion - A motion to schedule a City Council Work Session for January 15, 2025, at 4:00pm, unless canceled by the Mayor and City Manager Approved 8-0 19. Non-Agenda Speakers No City Council action required. 20. New Business A motion to nominate and appoint the following individuals to the Early Childhood Development Commission, effective January 1, 2025, was approved by a vote of 8-0: Carol Johnson (private school professional); Fikeria Yancy (Social Services representative); Tamie Rittenhouse (Head Start representative); Carol Wilson (Early Childhood representative) and Virginia Staylor (at large representative). A motion to direct the City Manager to review and recommend updates to the existing ordinances pertaining to residential and commercial refuse collection in the Historic District. In particular, this request shall take into consideration:  placement and storage of containers  requirements related to loose trash and bulk pick-up  enforcement and penalties for noncompliance was approved by a vote of 8-0 21. Announcements and Comments No City Council action required. 22. Adjournment Approved 7-0 (Council Member Bennett was excused.) 3 4

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