City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF DECEMBER 21, 2022 WORK SESSION Begins at 4:00 P.M. REGULAR SESSION Begins at 6:00 P.M.  SUFFOLK CITY COUNCIL WORK SESSION December 21, 2022 4:00 p.m. City Council Chamber 1. Suffolk Agricultural Advisory Committee 2. Freedom Flag 3.* Appointments * Proposed Items for Closed Session AGENDA: December 21, 2022, Work Session ITEM: Suffolk Agricultural Advisory Committee, Council Presentation The Suffolk Agricultural Advisory Committee will present on its current efforts and initiatives related to the state of Agriculture in the City of Suffolk AGENDA: December 21, 2022, Work Session ITEM: Freedom Flag In commemoration and memorialization of the victims, heroes and tragic events of September 11, 2002, Richard Melito, a previous Suffolk resident created the Freedom Flag and founded the Freedom Flag Foundation. Mr. Melito, along with Mr. Tiny Andrews, will provide City Council with a presentation about the Freedom Flag.  SUFFOLK CITY COUNCIL AGENDA December 21, 2022 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentations 5. Removal of Items from the Consent Agenda and Adoption of the Agenda 6. Agenda Speakers 7. Consent Agenda – An ordinance to accept and appropriate funds from the USTA/Mid-Atlantic Section, Inc., for the Suffolk Department of Parks and Recreation 8. Consent Agenda – 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 9. Consent Agenda – 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 10. Consent Agenda – An ordinance to accept and appropriate HOME Investment Partnerships Program-American Rescue Plan funding from the U.S. Department of Housing and Urban Development 11. Consent Agenda – 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 12. Consent Agenda – An ordinance to accept and appropriate funds from the Virginia Department of Aviation in support of Environmental Coordination for a T- Hanger project at the Suffolk Executive Airport 13. Consent Agenda – An ordinance authorizing the execution of a Development and Funding Agreement for the Enterprise Drive and Holland Road intersection 14. 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 3 06004631; CUP2022-022 15. 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) 16. 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 17. 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 18. 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 19. 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 City Council’s November 16, 2022, Meeting.) 20. Resolutions 21. Staff Report 22. 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 23. Motion – Motion to schedule a City Council Work Session for Wednesday, January 18, 2023, at 4:00 p.m., unless cancelled 24. Motion – Motion to schedule a joint meeting of City Council and the School Board for Wednesday, January 25, 2023, at 3 p.m., unless cancelled 25. Non-Agenda Speakers 26. New Business 27. Announcements and Comments 28. Adjournment 2 City Council Work Session June 15, 2022 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 15, 2022, 4:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow 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 Roger W. Fawcett (excused) Mayor Duman announced that Council Member Roger Fawcett is excused from today’s Work Session. PLAN OF FINANCE Utilizing a PowerPoint presentation, Kyle Laux, Senior Vice President, Davenport and Company, the City’s financial advisors, gave an update about the above referenced item. Referring to the presentation, Council Member Goldberg asked about the need to offer the 2022 Stormwater Enterprise Revenue Bonds and the potential impact on the City’s bond rating. Mr. Laux said that the City would still be in compliance with its financial policies, which will be viewed positively by the bond rating agencies. Referring to the presentation, Council Member Johnson inquired about the methodology of the payments of the City’s stormwater projects. Mr. Laux stated that to date, the City has funded all stormwater projects via pay as you go. Referring to the presentation, Council Member Johnson called for the amount projected to be borrowed as it relates to the 2022 Stormwater Enterprise Revenue Bonds. Mr. Laux said the City would be borrowing $5,000,000 this year and $5,000,000 the following year. Referring to the presentation, Council Member Johnson sought clarification about the use of cash in addition to the funds related to the 2022 Stormwater Enterprise Revenue Bonds for stormwater capital projects. Mr. Laux explained that cash will also serve as a funding source in addition to the $10,000,000 in 2022 Stormwater Enterprise Revenue Bonds. Council Member Johnson opined about the City’s previous approach to assigning funds for upcoming stormwater capital projects. City Manager Moor advised that the use of the 2022 Stormwater Enterprise Revenue Bonds will allow the City to address the stormwater capital projects at an accelerated pace. 1 City Council Work Session June 15, 2022 Referring to the presentation, Council Member Williams requested information about the anticipated cost of stormwater capital projects in Fiscal Year 2024 to $10,920,000. Mr. Laux replied that the annual cost of the stormwater capital projects is tied to the City’s Capital Improvement Plan. Assistant Finance Director Charles Meek added that at this time, the aforementioned amount addresses the contemplated multiyear projects in Fiscal Year 2024. He further stated that the City will only borrow money for construction and will not borrow more than is needed. Mayor Duman queried about today’s activity at the Federal Reserve Bank as it relates to interest rates. Mr. Laux said that the Federal Reserve Bank increase interest rates .75%. Mayor Duman opined about the City’s ability to lock into 20-year fixed rate loans. Mr. Laux stated that it is the continued intent to seek the best rates available at any given time. He added that banks would continue to offer localities 20-year fixed rate loans. CLOSED MEETING City Clerk Dawley presented the Closed Meeting motion for City Council’s consideration: 1. Pursuant to Virginia Code Sections 2.2-3711(A)(8) and (A)(1), the consultation with legal counsel employed by a public body regarding specific legal matters requiring the legal advice of such counsel, and the discussion, consideration, or interviews of prospective candidates for appointment and the assignment, appointment, and performance of specific public officers or appointees of the City, specifically the appointments as shown on the attached list for vacancies or term expirations for the Clean Community Commission, Early Childhood Development Commission, Hampton Roads Planning District Commission, Human Services Advisory Board, Local Board of Building Code Appeals, Paul D. Camp Community College Board, Sister Cities Commission, Tidewater Youth Services Commission and Western Tidewater Water Authority; and 2.. Pursuant to Virginia Code Section 2.2-3711(A)(5) and (8), the discussion of a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the business’ or industry’s interest in locating or expanding its facilities in the community; and consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel, specifically concerning EDIP proposals regarding Project Jersey and Project Stone; and 3. Pursuant to Virginia Code Section 2.2-3711(A)(3) and (A)(8) the discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body; and, consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel regarding Tax Map Parcel 10*46. 2 City Council Work Session June 15, 2022 Vice Mayor Bennett, on a motion seconded by Council Member Williams, moved that City Council convene in a closed meeting for the above referenced purposes, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Goldberg, Johnson, Ward and Williams 7 NAYS: None (Council Member Fawcett excused.) 0 Mayor Duman announced that Council Member Roger Fawcett has requested to participate electronically in today’s Closed Meeting, because he is unable to be present because of a medical condition. Vice Mayor Bennett, on a motion seconded by Council Member Johnson, moved that Council Member Roger Fawcett be approved to participate electronically in today’s Closed Meeting, because he is unable to be present because of a medical condition, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Goldberg, Johnson, Ward and Williams 7 NAYS: None 0 City Council convened in Closed Meeting at 4:39 p.m. The Closed Meeting concluded at 5:44 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 3 City Council Regular Meeting June 15, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 15, 2022, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow Roger W. Fawcett (participated electronically from 926 Vineyard Place, Unit C, Suffolk, Virginia, 23435) 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. Mayor Duman announced that Council Member Roger Fawcett has requested to participate electronically in today’s Regular Meeting, because he is unable to be present because of a medical condition. Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved that Council Member Roger Fawcett be approved to participate electronically in today’s Regular Meeting because he is unable to be present because of a medical condition, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Goldberg, Johnson, Ward and Williams 7 NAYS: None 0 City Clerk Dawley called the roll, and all members of City Council were in attendance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of June 15, 2022, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. 1 City Council Regular Meeting June 15, 2022 Vice Mayor Bennett, 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 JUNE 15, 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Goldberg, moved to approve the minutes from the December 15, 2021, Work Session and Regular Meeting, as presented, 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 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 said that a motion was in order at this time to adopt the agenda, as presented. Vice Mayor Bennett, on a motion seconded by Council Member Johnson, moved to adopt the agenda as presented, 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 AGENDA SPEAKERS Gary Crossfield, 2815 Godwin Boulevard, representing self, spoke in opposition to Item #15 - Ordinance – an ordinance authorizing the City to participate in a Firearm Buyback Program and destroy surrendered firearms. Miller Cary, 1002 MacArthur Drive, representing self, was not present when called. Kelly Hengler, 9345 Eclipse Drive, representing the Crittenden Eclipse Hobson Heritage Civic League, opined about Consent Agenda Item #8 - a resolution to endorse project applications under the Smart Scale Funding Program for Shoulder's Hill Road Widening, 2-4 Lanes, Phase 2; Shoulder's Hill Road Widening, 2-4 Lanes, Phase 3; King's Highway Bridge Replacement 30% Design Plan; and Bridge Road (Rte. 17) and College Drive (Rte. 135) Left Turn Lane. 2 City Council Regular Meeting June 15, 2022 CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - A resolution adopting the “2022 Hampton Roads Hazard Mitigation Plan” Consent Agenda Item #8 - A resolution to endorse a project application under the Smart Scale Funding Program for Windsor to Suffolk Commuter Bus Service Referring to Consent Agenda Items #7 through #8, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Goldberg, on a motion seconded by Council Member Williams, moved to approve the Consent Agenda, as presented, 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 PUBLIC HEARINGS Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Public assembly not otherwise enumerated, on property located at 1226 White Marsh Road, Suite 202, Zoning Map 35, Parcel 168D, Account Number 053405100; CUP2021-016 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Kevin Wyne offered a summation of the background information as printed in the official agenda. Wallace Johnson, no address provided, representing Big Bear, LLC, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Joel Nicholas, no address provided, agent, representing George W. Adams, Jr., applicant, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Goldberg called for information about the hours of operation included in the proposed ordinance. Interim Planning and Community Development Director Wyne announced the following: Sunday - Thursday, 9:00 a.m. to 11:00 p.m. and Friday – Saturday, 9:00 a.m. to midnight. Referring to the presentation, Council Member Goldberg inquired about the availability of alcohol in the proposed ordinance. Interim Planning and Community Development Director Wyne replied that alcohol is prohibited. Council Member Goldberg queried about the requirement for compliance with the City’s noise ordinance. Interim Planning and Community Development Director Wyne said the proposed ordinance requires the facility to comply with the City’s noise ordinance. 3 City Council Regular Meeting June 15, 2022 Referring to the presentation, Vice Mayor Bennett called for clarification about condition number six that permits alcoholic beverages under the authority of a license issued by the Department of Alcoholic Beverage Control. Interim Planning and Community Development Director Wyne said that he misspoke, and under condition number six the applicant shall be responsible for all activities conducted at the facility. He clarified that in the event alcohol is proposed, a license would need to be issued by the Department Alcoholic Beverage Control. Referring to the presentation, Vice Mayor Bennett asked about the feasibility of amending the proposed ordinance to remove condition number six. Interim Planning and Community Development Director Wyne replied that the condition could be modified. Vice Mayor Bennett moved to amend the proposed ordinance to delete condition number six and approve the remainder of the ordinance, with conditions, as presented. The motion failed to receive a second. City Attorney Hutchings explained that it would be appropriate to amend the proposed ordinance to specifically prohibit alcoholic beverages on the premises. Mayor Duman opined that the proposed motion would require the deletion of condition number six would result in the need to delete condition number seven, as well. Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved amend the proposed ordinance to delete condition numbers six and seven and approve the remainder of the ordinance, with conditions, as presented. City Attorney Hutchings clarified that the proposed motion would need to included the following: language in condition number six specifically prohibit alcoholic beverages on the premises and the deletion of condition number seven. Mayor Duman restated the proposed amended motion as outlined by City Attorney Hutchings as follows: a motion to approve the proposed ordinance with condition numbers one through five as presented; amend condition number six to prohibit alcoholic beverages on the premises; delete condition number seven; and approve condition numbers eight through eleven, as presented. City Clerk Dawley called for the consent of the maker and the seconder of the motion to proceed with the amendment motion as outlined by Mayor Duman. Both, Vice Mayor Bennett and Council Member Fawcett provided their verbal consent to present the amended motion as outlined by Mayor Duman. Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to approve the proposed ordinance with conditions number one through five as presented; amend condition number six to prohibit alcoholic beverages on the premises; delete condition number seven; and approve condition numbers eight through eleven, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, and Ward 7 NAYS: Council Member Williams 1 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PUBLIC ASSEMBLY NOT OTHERWISE ENUMERATED, ON PROPERTY LOCATED AT 1226 WHITE MARSH ROAD, SUITE 202, ZONING MAP 35, PARCEL 168D, ACCOUNT NUMBER 053405100; CUP2021-016, AS AMENDED 4 City Council Regular Meeting June 15, 2022 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Bar and Nightclub, for property located at 130 Commerce Street, Zoning Map 34G18(A), Parcel 246, Account Number 352872000; CUP2022-008 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne supplied a summary of the background information as printed in the official agenda. Karen Tew, 2556 Pruden Boulevard, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Jeffrey Townsend, 121 Niblett Circle, representing self, spoke in support of the proposed ordinance, with conditions, as presented. Brian Saunders, 301 Turlington Road, representing self, spoke in opposition to condition number two, regarding the hours of operation on Sundays until 11:00 p.m. Karen Tew, 2556 Pruden Boulevard, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing is closed. Referring to the presentation, Council Member Goldberg queried about the enforcement of the City’s noise ordinance and the parking regulations, as it relates to the proposed ordinance. Interim Planning and Community Development Director Wyne replied that the applicant would be required to comply with the City’s noise ordinance and parking regulations. Council Member Goldberg asked about the possible impact on parking at the Godwin Courthouse Building, as it relates to the proposed ordinance. Interim Planning and Community Development Director Wyne replied that he was not aware of any impact on parking at the Godwin Courthouse Building, as it relates to the proposed ordinance. City Manager Moor added that in the City’s Operating Budget, there is funding for fenced parking at the Godwin Courthouse Building. Vice Mayor Bennett called for clarification about the consistency of the hours of operation as outlined in the proposed ordinance, as it compares to similar facilities downtown. Interim Planning and Community Development Director Wyne said that the hours of operation as outlined in the proposed ordinance are in line with similar facilities downtown. Vice Mayor Bennett asked if all restaurants are permitted to have entertainment without governmental permission. Interim Planning and Community Development Director Wyne reported that in order for a restaurant to have entertainment, the owner must apply for a conditional use permit. Council Member Fawcett said he would like to modify condition two to change the hours to 1:00 p.m. to 6:00 p.m. Mayor Duman asked if Council Member Fawcett would like to offer a motion. Council Member Fawcett replied he would like to hear more discussion. 5 City Council Regular Meeting June 15, 2022 Members of City Council opined about the City’s regulations as it relates to entertainment in restaurants. Council Member Johnson, on a motion seconded by Council Member Williams, moved to approve the ordinance, with condition number one and condition numbers three through thirteen and amend condition number two: the hours of the outdoor live entertainment on Sunday shall be 12:00 p.m. to 6:00 p.m., by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, and Williams 7 NAYS: Council Member Goldberg 1 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A BAR AND NIGHTCLUB, FOR PROPERTY LOCATED AT 130 COMMERCE STREET, ZONING MAP 34G18(A), PARCEL 246, ACCOUNT NUMBER 352872000; CUP2022-008, AS AMENDED Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Bar and Nightclub, on property located at 156 West Washington Street, Zoning Map 34G18(A), Parcel 312, Account Number 351316000; CUP2022-007 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne provided a synopsis of the background information as printed in the official agenda. Rennee Townsend, 121 Niblett Circle, applicant and property owner, spoke in support of the proposed ordinance, with conditions, as presented. Jeffrey Townsend, 121 Niblett Circle, representing Rennee Townsend, applicant and property owner, spoke in support of the proposed ordinance, with conditions, as presented. Betsy Brothers, 313 West Riverview Drive, representing self, spoke in opposition to the proposed ordinance, with conditions, as presented. Brian Saunders, 301 Turlington Road, representing self, spoke in opposition to the proposed ordinance, with conditions, as presented. The following individuals spoke in support of the proposed ordinance, with conditions: Jeffery Townsend, 121 Niblett Circle, representing Rennee Townsend, applicant and property owner, spoke in support of the proposed ordinance, with conditions, as presented. Rennee Townsend, 121 Niblett Circle, applicant and property owner, spoke in support of the proposed ordinance, with conditions, as presented. Carolyn White, 4216 Coltrane Avenue, representing self. Karen Tew, no address provided, representing self. Ashley Jackson, no address provided, representing self. 6 City Council Regular Meeting June 15, 2022 Pamela Brandy, no address provided, representing self. Hearing no additional speakers, the public hearing was closed. Council Member Ward asked about the number of restaurants citywide that currently offer live entertainment. Interim Planning and Community Development Director Wyne replied he was not aware of that information. Referring to the presentation, Council Member Ward sought a definition of live entertainment, as it relates to the conditional use permit process. Interim Planning and Community Development Director Wyne advised live entertainment could be defined as a band or disc jockey using a speaker system. Referring to the presentation, Council Member Ward called for information on the availability of live entertainment at the previous restaurant located at the parcel under consideration. Interim Planning and Community Development Director Wyne stated the previous restaurant received a conditional use permit, which would have permitted live entertainment, but they never opened for business. Referring to the presentation, Council Member Ward inquired about the validity of the conditional use permit approved for the previous restaurant. Interim Planning and Community Development Director Wyne said that when a business receives a conditional use permit, it is valid for two years. He explained, a new conditional use permit is required since the previous restaurant did not open. Referring to the presentation, Council Member Johnson opined about the matter of the restaurant’s compliance regarding live entertainment. Interim Planning and Community Development Director Wyne reported the restaurant received a notice of violation from the City regarding live entertainment, and now the owners are seeking the required conditional use permit to provide live entertainment. Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to approve the proposed ordinance, with conditions, as presented. Council Member Goldberg asked about the hours of operation for the proposed bar and nightclub as compared to the hours for entertainment at High Tide Restaurant. Interim Planning and Community Development Director Wyne said that the proposed bar and nightclub will not have an outdoor live entertainment component, but the hours of operation would be the same. Council Member Williams queried about the City’s regulations regarding live entertainment citywide. Interim Planning and Community Development Director Wyne advised the City’s regulations regarding live entertainment are the same in all areas of the City. Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to approve the proposed ordinance, with conditions, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, and Williams 7 NAYS: Council Member Goldberg 1 7 City Council Regular Meeting June 15, 2022 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A BAR AND NIGHTCLUB, ON PROPERTY LOCATED AT 156 WEST WASHINGTON STREET, ZONING MAP 34G18(A), PARCEL 312, ACCOUNT NUMBER 351316000; CUP2022-007 Public Hearing - An ordinance to grant a Conditional Use Permit to establish an accessory dwelling unit, detached, on property located at 3708 Knotts Creek Lane, Zoning Map 12, Parcel 55M, Account Number 301412000; CUP2022-010 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne submitted a summation of the background information as printed in the official agenda. Christopher Sutton, 3708 Knotts Creek Lane, applicant and property owner, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg, on a motion seconded by Council Member Ward, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, and Johnson 6 NAYS: Council Member Fawcett 1 (Council Member Williams was out of the City Chamber at the time of the vote.) AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH AN ACCESSORY DWELLING UNIT, DETACHED, ON PROPERTY LOCATED AT 3708 KNOTTS CREEK LANE, ZONING MAP 12, PARCEL 55M, ACCOUNT NUMBER 301412000; CUP2022-010 Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 6, Design and Improvement Standards, Section 31-612, Street Improvement Standards; OTA2022-001 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne gave a report of the background information as printed in the official agenda. Carolyn White, no addressed provided, representing the Pughsville Civic League, opined about paper streets. Pamela Bandy, no address provided, representing the Pughsville Civic League, opined about paper streets. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Goldberg opined about the issues surrounding cul-de-sac lengths in dense areas, as it relates to the proposed ordinance. Interim Planning and Community Development Director Wyne said that the proposed ordinance would address the issues surrounding cul-de-sac lengths in more densely populated areas. 8 City Council Regular Meeting June 15, 2022 Referring to the presentation, Council Member Goldberg asked about any type of flexibility regarding cul-de-sac lengths in the proposed ordinance. Interim Planning and Community Development Director Wyne advised that the proposed ordinance would make cul-de-sac length variances permissible as deemed appropriate by City Council, instead of the Planning and Community Development Director. Council Member Williams, on a motion seconded by Council Johnson, moved to approve the ordinance, 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 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 6, DESIGN AND IMPROVEMENT STANDARDS, SECTION 31-612, STREET IMPROVEMENT STANDARDS; OTA2022-001 ORDINANCES Ordinance – An ordinance authorizing the City to participate in a Firearm Buyback Program and destroy surrendered firearms Referring to the distributed handout, City Manager Moor outlined the amendments to the proposed ordinance as follows – paragraph two: “WHEREAS, such surrendered firearms shall be received and destroyed disposed of by the Police Department the City or an authorized agent consistent with Virginia law…” and paragraph 5: “2. The Police Department is and Sherriff’s Office are hereby authorized to receive and destroy dispose of such firearms in accordance with Section 15.2-915.5 of the Code of Virginia as amended”. Utilizing a PowerPoint presentation, Police Chief Chandler presented the background information as printed in the official agenda. Referring to the presentation, Council Member Williams asked if individuals would be required to provide any personal information to participate in the proposed program. Police Chief Chandler replied in the negative. Referring to the presentation, Council Member Williams opined if the proposed program would be voluntary. Police Chief Chandler replied in the affirmative. Referring to the presentation, Council Member Williams requested clarification about the amount on the gift cards as outlined in the proposed program. City Manager Moor stated that matter is to be determined. Council Member Fawcett called for information about the agency that would be responsible for the proposed program and its funding amount. Mayor Duman advised that the proposed ordinance would allow a locality to participate in a firearms buyback program and the funding amount would depend in the organization that decided to sponsor such an event. 9 City Council Regular Meeting June 15, 2022 Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to approve the ordinance with the following amendments: paragraph two: “WHEREAS, such surrendered firearms shall be received and destroyed disposed of by the Police Department the City or an authorized agent consistent with Virginia law…” and paragraph 5: “2. The Police Department is and Sherriff’s Office are hereby authorized to receive and destroy dispose of such firearms in accordance with Section 15.2-915.5 of the Code of Virginia as amended;”, 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 AN ORDINANCE AUTHORIZING THE CITY TO PARTICIPATE IN A FIREARM BUYBACK PROGRAM AND DISPOSE OF SURRENDERED FIREARMS, 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 on July 6, 2022, to receive public comment on a resolution authorizing the City Manager to execute the Nonexclusive Master Lease Agreement with the Southside Network Authority Council Member Johnson, on a motion seconded by Council Member Goldberg, moved to schedule a public hearing on July 6, 2022, to receive public comment on a resolution authorizing the City Manager to execute the Nonexclusive Master Lease Agreement with the Southside Network Authority, 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 Motion – A motion to schedule a public hearing for the July 20, 2022, City Council meeting regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2022, and Stormwater Enterprise Bonds Council Member Fawcett, on a motion seconded by Council Member Butler Barlow, moved to schedule a public hearing for the July 20, 2022, City Council meeting regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2022, and Stormwater Enterprise Bonds, 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 10 City Council Regular Meeting June 15, 2022 Motion – Motion to request the Planning Commission to review conditional use permit application schedules for existing uses requiring a permit Council Member Goldberg, on a motion seconded by Council Member Williams, moved to request the Planning Commission to review conditional use permit application schedules for existing uses requiring a permit, 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 Motion – A motion to schedule a City Council Work Session, for Wednesday, July 6, 2022, at 4:00 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session, for Wednesday, July 6, 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 NON-AGENDA SPEAKERS Carolyn White, 4216 Coltrane Avenue, representing the Pughsville Civic League, opined about paper streets. Travis McKinney, 2804 Lake Cohoon Point, representing Pughsville Civic League, opined about the Firearms Buyback Program. Garet Watters, 105 Babbtown Road, representing self, opined about the Suffolk Police Department. Pamela Brandy, 5016 Pearl Street, Chesapeake, Virginia, representing Pughsville Civic League, opined about infrastructural needs in Pughsville. Charlie Wiseman, 1500 Bridgeport Way, Unit 208, representing self, opined about the opportunity to address the cost of living and provide food sustainability efforts with a community garden. Hakeem Muhammed, 709 Saint James Avenue, representing self, was not present when called. Tion Ashby, 709 Saint James Avenue, representing self, was not present when called. NEW BUSINESS City Clerk Dawley presented the following nomination to the respective board and commission: Paul D. Camp Community College Board (effective July 1, 2022) - Sarah Sugars. 11 City Council Regular Meeting June 15, 2022 Vice Mayor Bennett, on a motion seconded by Council Member Williams, moved to nominate and appoint the above referenced individual to the aforementioned body, 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 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Jennifer Moore provided a report on the following: the Suffolk Police Department Promotional Ceremony; the appointment of Dr. Charles Kiriakou as the new Information Technology Director; the Suffolk Public Library’s Juneteenth Black Excellence Expo; the Elwood Road Bridge Replacement Project Road Closure; the 2022 National Night Out Community Kick-off; the City’s observance of Juneteenth; the Stars and Stripes Spectacular; the Suffolk 2045 Comprehensive Plan; and the Commonwealth’s coronavirus vaccination finder website and customer service number. Council Member Williams reported high grass at 326 East Washington Street. Council Member Williams called for an update on vegetation at Spruce and Culloden Streets. Council Member Williams announced he attend the graduation ceremonies for Kings Forks and Lakeland High Schools. Council Member Goldberg reported he attended the Hampton Roads Workforce Council meeting. Council Member Ward announced he attended the graduation ceremonies for Nansemond River High School and Old Dominion University. Council Member Ward reported he met with Congress Member Elaine Lauria. Council Member Butler Barlow extended her condolences to the family of the late Dorothy Parks. Council Member Butler Barlow congratulated all graduates citywide. Council Member Butler Barlow announced the upcoming Crittenden Eclipse Independence Day event. Council Member Johnson reported he attended a meeting of the Holland Ruritan Club. Vice Mayor Bennett congratulated the honorees who were recognized at the Suffolk Police Department Promotional Ceremony. Vice Mayor Bennett reported a constituent concern about a community pool party. Vice Mayor Bennett reported he attended the graduation ceremony for Nansemond River High School. Vice Mayor Bennett opined about upcoming community meetings regarding the 2045 Comprehensive Plan. 12 City Council Regular Meeting June 15, 2022 Vice Mayor Bennett acknowledged Human Resources Director Robin Wynn for her service to the City. Mayor Duman congratulated all graduates citywide. Mayor Duman acknowledged the Nansemond River High School Outdoor Track Team on their accomplishments. Mayor Duman reported he attended ribbon cuttings for Green Clean Car Wash and Atlantic Construction. Mayor Duman opined about the Suffolk Fire Department and the Suffolk Police Department. Mayor Duman announced he attended the Hampton Roads Chamber of Commerce Valor Awards Ceremony. Mayor Duman acknowledged Human Resources Director Robin Wynn for her service to the City. Council Member Goldberg, on a motion seconded by Council Member Ward, moved to adjourn, 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 There being no further business to come before City Council, the regular meeting was adjourned at 9:43 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 13 Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers  SE VA SUFFOLK PROPERTY OWNER LLC, a Georgia limited liability company By: [Name & Title] [SEAL] MONROE LOT 11 OWNER, LLC, a Virginia limited liability company By: [Name & Title] [SEAL] CITY OF SUFFOLK, a municipal corporation of the Commonwealth of Virginia By: Albert S. Moor, City Manager [SEAL] Attest: ____________________________________ Erika S. Dawley, City Clerk Approved as to Form: __________________________________ Thomas E. Mueller, Deputy City Attorney ESCROW AGENT: _________________________________ Troutman Pepper Hamilton Sanders LLP 9 AGENDA: December 21, 2022, Regular Session ITEM: 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, Virginia; OTA2022-005 Attached for your consideration is information pertaining to Ordinance Text Amendment OTA2022-005, initiated by the City of Suffolk, for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), 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, Virginia. The purpose of the text amendments is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstances. The Planning Commission, at their meeting on November 15, 2022, voted 7 to 0 to approve a resolution recommending approval of the proposed text amendments with the modification as presented by staff to limit the supplemental standards to flex space facilities that are adjacent to residential zoning districts only. ATTACHMENTS: Staff Report Proposed Ordinance Exhibit A – Planning Commission Recommendation Exhibit B - “Amendments to Chapter 31, Unified Development Ordinance (UDO), 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, Virginia.” Resolutions Staff Reports AGENDA: December 21, 2022 Regular Session ITEM: 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. RECOMMENDATION: - Approve the motion A motion to schedule a City Council Work Session, for Wednesday, January 18, 2023, at 4:00 p.m., unless cancelled  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 Non-Agenda Speakers New Business Announcements and Comments