City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF FEBRUARY 15, 2023 WORK SESSION Begins at 4:00 P.M. REGULAR SESSION Begins at 6:00 P.M.  SUFFOLK CITY COUNCIL WORK SESSION February 15, 2023 4:00 p.m. City Council Chamber 1. Fiscal Year 2024-2033 Capital Improvements Program & Plan 2.* Appointments * Proposed Items for Closed Session AGENDA: February 15, 2023, Work Session ITEM: Fiscal Year 2024-2033 Capital Improvements Program & Plan The Finance Director will present the proposed Fiscal Year 2024-2033 Capital Improvements Program & Plan (CIP) as recommended by the Planning Commission to City Council. Attached for Council’s review is the Planning Commission Recommended Fiscal Year 2024-2033 CIP. It is recommended that a public hearing on the proposed CIP be scheduled for March 1, 2023, to facilitate inclusion of the first year in the Fiscal Year 2023-2024 Operating and Capital Budget. A motion to schedule a public hearing has been placed on Council’s regular session agenda. ATTACHMENT: Planning Commission Recommended FY 2024-2033 Capital Improvements Program & Plan (Provided Under Separate Cover)  SUFFOLK CITY COUNCIL AGENDA February 15, 2023 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentation – A Certificate of Recognition for Mr. Richard Nicholas Melito, designer of the Freedom Flag and a Suffolk native 5. Removal of Items from the Consent Agenda and Adoption of the Agenda 6. Agenda Speakers 7. Consent Agenda – A resolution of the City of Suffolk, Virginia, proclaiming the recognition of events occurring on American soil on September 11, 2001, with the symbol of the Freedom Flag, and recognizing its designer, Mr. Richard Nicholas Melito, a Suffolk native 8. Consent Agenda – An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport 9. Consent Agenda – An ordinance to accept and appropriate funds from the Hampton Roads Sanitation District for the City of Suffolk Department of Parks and Recreation 10. Consent Agenda – A resolution to accept a donation of personal property for the Suffolk Department of Fire and Rescue 11. Public Hearing – An ordinance authorizing the acquisition of permanent and/or temporary easements, either by agreement or condemnation, for the North 5th Street Drainage Project 12. Public Hearing – An ordinance to reconsider previously approved rezoning, RZN2022-004 (Conditional), in order to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions, for the Bennett’s Creek Quarter Development, Zoning Map 12, Parcels 32*1, 32*2, 32*3, 32*4, and 32*CH*1, Account Numbers 306004377, 306004378, 306004379, 306004380, and 306004381; RZN2022-004 (Conditional) (This item was continued from the January 18, 2023, City Council Meeting.) 13. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a solar energy facility on property located on Indian Trail, Zoning Map 39, Parcel 39; Account Number 150998000; CUP2022-028 14. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a solar energy facility on property located on Indian Trail, Zoning Map 29, Parcel 2; Account Number 150997000; CUP2022-029 15. Public Hearing – An ordinance to amend Chapter 58, “Parks and Recreation”, of the Code of the City of Suffolk to regulate the use of public parks in the City of Suffolk 16. Ordinance – An ordinance to amend Chapter 86, Article XI, Section 86-604 of the Code of the City of Suffolk concerning designated public streets approved for golf cart use within the Cedar Point neighborhood 17. Ordinance – An ordinance to accept and appropriate funds from Napolitano Homes in support of the design and construction of the Shoulders Hill Road Intersection Project 18. Resolutions 19. Staff Report – Significant Land Use Applications A. Rezoning Request, RZN2021-00018, (Conditional), Lake Kilby Shores B. Rezoning Request, RZN2022-008, (Conditional), Pinnacle Storage 20. Motion – A motion to schedule a public hearing for March 1, 2023, to receive public comment on an ordinance to authorize a quitclaim deed between the City of Suffolk and David March Enterprises LLC, for the conveyance of real property located on Tax Map & Parcel 40A*76 21. Motion – A motion to schedule a public hearing to be held on March 1, 2023, to receive public comment on the Proposed Fiscal Year 2024-2033 Capital Improvements Program & Plan 22. Motion – A motion to schedule a City Council Work Session for Wednesday, March 1, 2023, at 4:00 p.m., unless cancelled 23. Non-Agenda Speakers 24. New Business 25. Announcements and Comments 26. Adjournment 2 City Council Work Session August 3, 2022 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, August 3, 2022, 4:00 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. Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT LeOtis L. Williams (excused) Mayor Duman announced that Council Member LeOtis Williams was excused from today’s Work Session. He added that Council Member Roger Fawcett has asked to participate in the Work Session and the Regular Meeting virtually and called for a motion. 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 Work Session and Closed Meeting, if one is held, 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, and Ward 6 NAYS: None 0 (Council Member Williams was excused.) 2045 COMPREHENSIVE PLAN UPDATE Deputy City Manager Kevin Hughes introduced Sarah Kelly, Planning NEXT, the City’s Comprehensive Plan consultant. Utilizing a PowerPoint presentation, Ms. Kelly gave an update about the above referenced item. Referring to the presentation, Council Member Butler Barlow inquired about the process used to prioritize the feedback from the focus group meetings. Ms. Kelly stated that the feedback from the focus group meetings has not been prioritized in any specific order. Referring to the presentation, Vice Mayor Bennett asked about the deadline for the Suffolk 2045 Comprehensive Plan online surveys. Ms. Kelly said the original deadline was July 15, 2022, but it has been extended for a few more months. 1 City Council Work Session August 3, 2022 Referring to the presentation, Mayor Duman opined about the citizen feedback regarding the importance of growth and development citywide. Ms. Kelly explained that at this point the feedback was generally focused on quality of life and economic development. 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 Agricultural Advisory Committee, Clean Community Commission, Early Childhood Development Commission, Hampton Roads Planning District Commission, Human Services Advisory Board, Local Board of Building Code Appeals, Sister Cities Commission, Southside Area Network Authority, Tidewater Youth Services Commission, and Western Tidewater Water Authority; and 2. Pursuant to Virginia Code Section 2.2-3711(A)(3) 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; specifically, Tax Map Parcels 34G18(A)*318*320+, 34G18(A)*319, 34G18(A)*344, 34G18(A)*355. Council Member Goldberg, on a motion seconded by Vice Mayor Bennett, 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, Fawcett, Goldberg, Johnson, and Ward 7 NAYS: None (Council Member Williams was excused.) 0 City Council convened in Closed Meeting at 4:36 p.m. The Closed Meeting concluded at 5:13 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 2 City Council Work Session August 3, 2022 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, August 3, 2022, 4:00 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. Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT LeOtis L. Williams (excused) Mayor Duman announced that Council Member LeOtis Williams was excused from today’s Work Session. He added that Council Member Roger Fawcett has asked to participate in the Work Session and the Regular Meeting virtually and called for a motion. 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 Work Session and Closed Meeting, if one is held, 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, and Ward 6 NAYS: None 0 (Council Member Williams was excused.) 2045 COMPREHENSIVE PLAN UPDATE Deputy City Manager Kevin Hughes introduced Sarah Kelly, Planning NEXT, the City’s Comprehensive Plan consultant. Utilizing a PowerPoint presentation, Ms. Kelly gave an update about the above referenced item. Referring to the presentation, Council Member Butler Barlow inquired about the process used to prioritize the feedback from the focus group meetings. Ms. Kelly stated that the feedback from the focus group meetings has not been prioritized in any specific order. Referring to the presentation, Vice Mayor Bennett asked about the deadline for the Suffolk 2045 Comprehensive Plan online surveys. Ms. Kelly said the original deadline was July 15, 2022, but it has been extended for a few more months. 1 City Council Work Session August 3, 2022 Referring to the presentation, Mayor Duman opined about the citizen feedback regarding the importance of growth and development citywide. Ms. Kelly explained that at this point the feedback was generally focused on quality of life and economic development. 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 Agricultural Advisory Committee, Clean Community Commission, Early Childhood Development Commission, Hampton Roads Planning District Commission, Human Services Advisory Board, Local Board of Building Code Appeals, Sister Cities Commission, Southside Area Network Authority, Tidewater Youth Services Commission, and Western Tidewater Water Authority; and 2. Pursuant to Virginia Code Section 2.2-3711(A)(3) 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; specifically, Tax Map Parcels 34G18(A)*318*320+, 34G18(A)*319, 34G18(A)*344, 34G18(A)*355. Council Member Goldberg, on a motion seconded by Vice Mayor Bennett, 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, Fawcett, Goldberg, Johnson, and Ward 7 NAYS: None (Council Member Williams was excused.) 0 City Council convened in Closed Meeting at 4:36 p.m. The Closed Meeting concluded at 5:13 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 2 City Council Regular Meeting August 3, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, August 3, 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. Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT LeOtis L. Williams (excused) 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 Council Member Williams was excused from tonight’s meeting. 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, and Ward 6 NAYS: None 0 (Council Member Williams was excused.) FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of August 3, 2022, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. 1 City Council Regular Meeting August 3, 2022 Council Member Goldberg, on a motion seconded by Council Member Johnson, 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, and Ward 7 NAYS: None 0 (Council Member Williams was excused.) A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF AUGUST 3, 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Johnson, on a motion seconded by Vice Mayor Bennett, moved to approve the minutes from the February 2, 2022, 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, and Ward 7 NAYS: None 0 (Council Member Williams was excused.) 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. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to adopt the agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, and Ward 7 NAYS: None 0 (Council Member Williams was excused.) AGENDA SPEAKERS There were no items 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 Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport 2 City Council Regular Meeting August 3, 2022 Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Virginia Department of Criminal Justice Services for the Fifth Judicial District Community Corrections Program Consent Agenda Item #9 - An ordinance to accept and appropriate additional funding from the Virginia Department of Transportation Urban Maintenance Program for public roadway maintenance Referring to Consent Agenda Items #7 through #9, 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 Johnson, 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, and Ward 7 NAYS: None 0 (Council Member Williams was excused.) PUBLIC HEARINGS Public Hearing - An ordinance to grant a Conditional Use Permit to establish a shooting range, outdoor, on property located at 1255 and 1444 Hosier Road, Zoning Map 44, Parcels 126 and 127, and Zoning Map 45, Parcel 21, Account Numbers 050924184, 05007100 and 052088000; CUP2022-002 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Kevin Wyne presented a summary of the background information as printed in the official agenda. Todd Butler, no address provided, representing self, spoke in support of the proposed ordinance, with conditions, as presented. Alex Oliver, no address provided, representing self, spoke in support of the proposed ordinance, with conditions, as presented. The following individuals spoke in opposition to the proposed ordinance, with conditions: Jonathan Powell, 1118 Hosier Road, representing self. William Hunter, 601 White Marsh Road, representing self. Claudia Lee, 3260 Indian Trail, representing self. Delegate Clinton Jenkins, no address provided, representing self, opined about being contacted by constituents about the transparency related to the proposed ordinance. Delegate Emily Brewer, no address provided, representing self, spoke in support of the proposed ordinance. Todd Butler, no address provided, representing self, spoke in support of the proposed ordinance, with conditions, as presented. 3 City Council Regular Meeting August 3, 2022 Hearing no additional speakers, the public hearing was closed. Vice Mayor Bennett moved to continue consideration of the proposed ordinance, with conditions, to the September 21, 2022, City Council meeting. The motion failed to receive a second. Council Member Goldberg moved to approve the ordinance, with conditions, as presented. The motion failed to receive a second. Council Member Johnson called for information about the federal enforcement agency for shooting ranges. Mr. Butler said that the Virginia Department of Criminal Justice Services is the regulating agency for shooting ranges, and the shooting range would comply with all state and federal guidelines as required. Council Member Johnson opined about any similarities to the proposed shooting range and Blackwater, a private military company. Mr. Butler explained that the proposed shooting range is similar to a golf club, not a private military company. Council Member Goldberg, on a motion seconded by Council Member Johnson, moved to approve the ordinance, with conditions number one through five and seven through 11 as presented and amend number six: 6. The hours of operation for the shooting ranges shall be limited as follows: 1255 Hosier Road Monday – Saturday 8:00 a.m. to 10:00 a.m. p.m., no firearms larger than .22 caliber 10:00 a.m. to Dusk, firearms larger than .22 caliber Sunday 10:00 a.m. to 12:00 p.m., no firearms larger than .22 caliber 10:00 a.m. to Dusk, firearms larger than .22 caliber 1444 Hosier Road Monday – Saturday Dawn to Dusk Council Member Ward asked if the applicants gave the adjacent property owners an opportunity to tour the proposed shooting facility. Mr. Butler reported that there were some tours when the item was presented to the Planning Commission, but no tours after that point. Council Member Goldberg inquired about the security of the weapons that will be on site at the proposed shooting range. Mr. Butler advised there will be a secure area for the weapons on site. Council Member Goldberg, on a motion seconded by Council Member Johnson, moved to approve the ordinance, with conditions number one through five and seven through 11 as presented and amend number six as noted above, by the following roll call vote: AYES: Mayor Duman and Council Members Butler Barlow, Fawcett, Goldberg, Johnson, and Ward 6 NAYS: Vice Mayor Bennett 1 (Council Member Williams was excused.) 4 City Council Regular Meeting August 3, 2022 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SHOOTING RANGE, OUTDOOR, ON PROPERTY LOCATED AT 1255 AND 1444 HOSIER ROAD, ZONING MAP 44, PARCELS 126 AND 127, AND ZONING MAP 45, PARCEL 21, ACCOUNT NUMBERS 050924184, 05007100 AND 052088000; CUP2022-002, AS AMENDED Public Hearing - An ordinance to grant a Conditional Use Permit to establish a school, charter, private, or parochial on property located at 1444 Hosier Road, Zoning Map 44, Parcel 127, and Zoning Map 45, Parcel 21, Account Numbers 05007100 and 052088000; CUP2022-014 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne gave a review of the background information as printed in the official agenda. Jonathan Powell, 1118 Hosier Road, representing self, spoke in support of the proposed ordinance, with conditions, as presented. Jack Claude, no address provided, representing Hoggard-Eure Associates, applicant, representing Kevin Glenn, Hosier Road Associates II, LLC and Hosier Road Associates, III, LLC, property owner, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented, by the following roll call: AYES: Mayor Duman and Council Members Butler Barlow, Fawcett, Goldberg, Johnson, and Ward 6 NAYS: Vice Mayor Bennett 1 (Council Member Williams was excused.) AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SCHOOL, CHARTER, PRIVATE, OR PAROCHIAL ON PROPERTY LOCATED AT 1444 HOSIER ROAD, ZONING MAP 44, PARCEL 127, AND ZONING MAP 45, PARCEL 21, ACCOUNT NUMBERS 05007100 AND 052088000; CUP2022-014 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a park/open space (generally) on property located at 219 West Washington Street and 101 South Saratoga Street, Zoning Map 34G18(A), Parcels 361, 362, 365 and 368, and Zoning Map 34G17(A), Parcels 168 and 169, Account Numbers 353227000, 353737200, 352170000, and 352169000; CUP2022-015 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne supplied an overview of the background information as printed in the official agenda. Gerry Jones, Director, Capital Programs and Buildings, no address provided, applicant, representing the City of Suffolk, spoke in spoke of the proposed ordinance, with conditions, as presented. Chris Dove, 852 Colonel Meade Drive, representing self, spoke in support of the proposed ordinance, with conditions, as presented. 5 City Council Regular Meeting August 3, 2022 Claudia Lee, 3260 Indian Trail, representing self, spoke in support of the proposed ordinance, with conditions, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Johnson, on a motion seconded Council Member Fawcett, 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, Johnson, and Ward 7 NAYS: None 0 (Council Member Williams was excused.) AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PARK/OPEN SPACE (GENERALLY) ON PROPERTY LOCATED AT 219 WEST WASHINGTON STREET AND 101 SOUTH SARATOGA STREET, ZONING MAP 34G18(A), PARCELS 361, 362, 365 AND 368, AND ZONING MAP 34G17(A), PARCELS 168 AND 169, ACCOUNT NUMBERS 353227000, 353737200, 352170000, AND 352169000; CUP2022-015 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 zoning district, to CBD, Central Business District zoning district, for properties located at 114 Lee Street, Zoning Map 34G17(A), Parcels 176, 182, and 188, Account Numbers 351019000, 351020000, and 352558000; RZN2022-010 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne provided a summation of the background information as printed in the official agenda. Gerry Jones, Director, Capital Programs and Buildings, no address provided, applicant, representing the City of Suffolk, spoke in support of the proposed ordinance, as presented. Mary Ann Persons, 1247 Murphy’s Mill Road, representing self, spoke in support of the proposed ordinance, as presented, spoke in support of the proposed ordinance, as presented. Denise Murden, 4041 Kingston Parkway, representing self, 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 Council Member Ward, moved to approve the ordinance, 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: None 0 (Council Member Williams was excused.) 6 City Council Regular Meeting August 3, 2022 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM RM, RESIDENTIAL MEDIUM DENSITY ZONING DISTRICT, TO CBD, CENTRAL BUSINESS DISTRICT ZONING DISTRICT, FOR PROPERTIES LOCATED AT 114 LEE STREET, ZONING MAP 34G17(A), PARCELS 176, 182, AND 188, ACCOUNT NUMBERS 351019000, 351020000, AND 352558000; RZN2022-010 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – Police and Fire Public Safety Update Utilizing PowerPoint presentations, Police Chief Alfred Chandler and Fire Chief Michael Barakey presented summations on the above referenced items. MOTIONS Motion – A motion to schedule a City Council Work Session, for Wednesday, August 17, 2022, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Vice Mayor Bennett, moved to schedule a City Council Work Session, for Wednesday, August 17, 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, and Ward 7 NAYS: None 0 (Council Member Williams was excused.) City Council recessed at 8:14 p.m. and reconvened at 8:25 p.m. NON-AGENDA SPEAKERS Carl Louison, 9248 Virginia Avenue, representing self, opined about an Amtrak stop in Suffolk. Robert Tew, 219 East Constance Road, representing self, opined about the lack of sidewalks on East Constance Road and overgrowth in the area. Tyronda Robinson, 1741 Saw Mill Point Road, was not present when called. Delegate Clinton Jenkins, 438 North Main Street, representing self, opined about Port 460 project. 7 City Council Regular Meeting August 3, 2022 The following individuals spoke in opposition to the Port 460 project: Mike Host, 115 Pitch Kettle Point Circle, representing self. Chris Dove, 852 Colonel Meade Drive, representing self. Kelly Hengler, 9345 Eclipse Drive, representing self. Chet Hart, 4004 Reids Ferry Road, representing self. Sandy Hart, 4004 Reids Ferry, representing self. Mary Anne Persons, 1247 Murphy’s Mill Road, representing self. Denise Murden, 4441 Kingston Parkway, representing self. Lisa Jones, 5032 Kings Grant Circle, representing self. Jacqueline Brooks, 1305 Manning Road, representing self. Billie Jean Ferguson, 3225 Oak Branch Lane, Toano, Virginia, representing self. Mayor Duman announced that Council Member Fawcett was excused at 9:28 p.m. NEW BUSINESS City Clerk Dawley presented the following nominations to the respective boards and commissions - Agricultural Advisory Committee – Interim Planning and Community Development Director - Kevin Wyne and Southside Area Network Authority – Information Technology Director Charles Kiriakou. Council Member Goldberg, on a motion seconded by Council Member Ward, moved to nominate and appoint the above referenced individuals to the aforementioned bodies, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Goldberg, Johnson, and Ward 6 NAYS: None 0 (Council Members Fawcett and Williams were excused.) City Clerk Dawley presented the following item for City Council’s consideration – a motion to remove Thomas Vandiver as the Direct Marketing Farming Representing and Monte Walden, Sr. as the Farm Service Area Local Administrative Area (Holy Neck representative) from the Agricultural Advisory Committee. 8 City Council Regular Meeting August 3, 2022 Council Member Johnson, on a motion seconded by Council Member Butler Barlow, moved to approve the aforementioned motion, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Goldberg, Johnson, and Ward 6 NAYS: None 0 (Council Members Fawcett and Williams were excused.) ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Jennifer Moore provided a report on the following: the affirmation of the City’s AAA bond rating; the City of Suffolk’s Confidence Course Assists City Drivers; the City Employee Appreciation event; Route 58 phase two update video; the East Washington Street Tuesday Pop-up Market; the Suffolk Farmers Market at the Pavilion Bonus Wednesday Summer Markets; the Suffolk Farmers Market at the Pavilion Saturday Markets; a video regarding National Night Out; and the upcoming Summer Creator Faire at the North Suffolk Library. Council Member Goldberg opined about the Amtrak stop in Suffolk. Council Member Goldberg opined about the upcoming hurricane season. Council Member opined about National Night Out. Council Member Ward opined about National Night Out. Council Member Butler Barlow opined about National Night Out. Council Member Butler Barlow acknowledged the efforts of the Suffolk Fire Department and the Suffolk Police Department. Council Member Butler Barlow acknowledged all of the speakers in attendance. Council Member Johnson opined about National Night Out. Council Member Johnson acknowledged all of the speakers in attendance. Vice Mayor Bennett opined about National Night Out. Vice Mayor Bennett acknowledged the Tourism Division for organizing the East Washington Street Tuesday Pop-up Market. Vice Mayor Bennett thanked the Public Works Department for ditching cleaning in the Hosier Road area. Vice Mayor Bennett opined about a gun buy back event at the Balm Church. Vice Mayor Bennett opined about signage on Shoulders Hill Road directing truck traffic to the Amazon Fulfillment Center. 9 City Council Regular Meeting August 3, 2022 Vice Mayor Bennett extended his condolences to the family of the late Amanda Rodgers. Mayor Duman acknowledged all of the speakers in attendance. Mayor Duman opined about the affirmation of the City’s AAA bond rating. Mayor Duman opined about the City’s recent quarterly revenue report. Mayor Duman opined about National Night Out. 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 Goldberg, Johnson, and Ward 6 NAYS: None 0 (Council Members Fawcett and Williams were excused.) There being no further business to come before City Council, the regular meeting was adjourned at 9:46 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 10 AGENDA: February 15, 2023, Regular Session ITEM: Special Presentation – A Certificate of Recognition for Mr. Richard Nicholas Melito, designer of the Freedom Flag and a Suffolk native September 11, 2001, is among the most significant dates in American history, as 2,977 lives were lost on American soil, including 184 at the Pentagon, in Arlington, VA. Over 400 public service first responders perished during the heroic response. To commemorate and memorialize the victims, heroes, and tragic events of September 11, 2001, Suffolk native Mr. Richard Nicholas Melito designed a moving and appropriate symbol, the 9/11 “Freedom Flag.” He first sketched the Freedom Flag on September 20, 2001, on a napkin in his restaurant in Richmond, VA, and on November 12, 2001, the Freedom Flag was adopted by the Virginia Historical Society as part of a special exhibition in conjunction with the Smithsonian Institution to commemorate the events of September 11, 2001. In 2002, Mr. Melito established the non-profit Freedom Flag Foundation with a mission to see the Freedom Flag become our national symbol of remembrance for 9/11. In 2003, Governor Mark Warner issued a Certificate of Recognition proclaiming the Freedom Flag as the Commonwealth of Virginia’s official symbol of September 11, 2001. In 2018, the Virginia General Assembly voted unanimously to add the Freedom Flag to the Code of Virginia (VAC §1- 510) as the Commonwealth’s official flag of remembrance of the September 11, 2001, events, making the Freedom Flag our nation’s first codified 9/11 remembrance flag. Since that time, Oklahoma and Delaware have added the Freedom Flag to their state codes. The symbol of the Freedom Flag memorializes the courageous and ongoing response of all Americans to threats against our freedom, and it serves as an effective educational tool for the next generation of Americans – numbering nearly 80 million – born since September 11, 2001. Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers AGENDA: February 15, 2023, Regular Session ITEM: Consent Agenda - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Department of Aviation for the Suffolk Executive Airport The City has received $6,119 in funding from the Commonwealth of Virginia Department of Aviation in support of the Suffolk Executive Airport for Fiscal Year 2022-2023. The funding will be used to assist with the replacement of a fueling system dispenser. Adoption of the attached ordinance is necessary to accept and appropriate these funds to the appropriate line item in the Aviation Facilities Fund for Fiscal Year 2022-2023. BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the Aviation Facilities Fund budget by $6,119 for the above-noted purpose and requires $6,119 in local fund support which is provided for in the FY 2022-2023 Aviation Facilities Fund budget. RECOMMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance Grant Award Notification  RESOLUTION NUMBER ---------- A RESOLUTION TO ACCEPT A DONATION OF PERSONAL PROPERTY FOR THE SUFFOLK DEPARTMENT OF FIRE AND RESCUE WHEREAS, Tidewater Medical Transport has donated two Binder Lifts for use by the Suffolk Department of Fire & Rescue; and, WHEREAS, the benefactors concede good and complete right, title, and interest in the said personal property; and, WHEREAS, this donation ofpersonal property is made to the Suffolk Department of Fire & Rescue without restriction as to use or disposition. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Suffolk, Virginia, that the City hereby accepts a donation of two Binder Lifts from Tidewater Medical Transport for use by the Suffolk Department ofFire & Rescue. BE FURTHER RESOLVED that this resolution shall be effective upon adoption and shall not be published. READ AND ADOPTED: ------- TES TE:____________ Erika S. Dawley, City Clerk Approved as to Form: William E. Hutchings, Jr., City Attorney ORDINANCE NO. _____ AN ORDINANCE TO AMEND CHAPTER 86, ARTICLE XI, SECTION 86-604 OF THE CODE OF THE CITY OF SUFFOLK CONCERNING DESIGNATED PUBLIC STREETS APPROVED FOR GOLF CART USE WITHIN THE CEDAR POINT NEIGHBORHOOD BE IT ORDAINED by the Council of the City of Suffolk, Virginia, Article XI of Chapter 86 of the City Code entitled "Regulation of Golf Carts," be, and hereby is, amended to read as follows: Sec. 86-604. Designated city streets approved for golf cart use In accordance with subsection 86-601(a) of this article, the following public roadways are hereby designated for golf cart operation: (1) Burning Tree Court, Burning Tree Lane, Brighton Mews, Chatham Road, Fincastle Court, Foxwood Place, Kendal Court, Kendal Way, Swansea Circle and Woodberry Crescent to the extents that these roadways are located within the Chatham Woods Subdivision. (2) Bleakhom Road, Cross Street, Dixon Road, Eclipse Drive, Martin Road, Pike Street, Rivershore Drive, Steeple Drive, Vine Ave, White Dogwood Trail and Wigniel Street where these roadways are located within the Crittenden and Eclipse communities, to include James Park and Barrel Point Estates. (3) South Nansemond Drive, North Nansemond Drive, Colonial Drive, Country Club Drive, North Shore Drive, Cavalier Road, Oriole Road, Holly Road, Nansemond Crescent and Lake Road where these roadways are located within the Nansemond Shores subdivision. (4) Heritage Drive, Holiday Point Drive, Lambeth Place, Canterbury Lane, River Bluff Drive, Wimbleton Court, and Oriole Road where these roadways are located within the Holiday Point Estates subdivision. (5) Anthony Place, Michael Drive and Dawn Lane where these roadways are located within the Summer Creek Estates Subdivision. (6) River Crescent Heron Court, Partridge Place, Fairway Drive, Clubhouse Drive, Quail Hollow, and Beech Tree Court where these roadways are located within the Cedar Point subdivision. BE IT FURTHER ORDAINED that any phrases, clauses, sentences, paragraphs, subsections, sections and chapters of the Code not amended or repealed hereby remain in full force and effect.  No person shall operate or park any vehicle in public parks and recreational facilities except on the roadways and parking areas provided and/or designated for this purpose. No vehicle shall be parked in a manner as to impede or obstruct the normal safe flow of traffic. Sec. 58-4. - Open fires. No person shall make a fire in public parks and recreational facilities other than in grills, fireplaces, or other areas as designated and approved for such use by the Director. All fires shall be closely monitored and completely extinguished by persons starting and using them before those persons leave the immediate vicinity. Sec. 58-5. - Control of animals. (a) No person shall permit his animal to run at large except in designated areas. In the case of a dog, the owner or his agent shall secure the animal by a collar with a chain, cord, or leash not exceeding eight feet in length, and have the animal under complete and immediate control. Owners and their agent(s) shall be responsible for the removal of animal waste . (b) The Director may authorize the presence of unleashed specially trained dogs on the park property for property maintenance activities conducted by or at the direction of the City, provided that all such activities shall be performed in compliance with all applicable state and federal laws. (c) Notwithstanding subsection (a), police dogs in the conduct of law enforcement activities shall not be required to be on leash. Sec. 58-6. - Hours of operation. The hours of operation at all City parks are from dawn to dusk unless posted otherwise or a permit is issued for use beyond normal operating hours. Sec. 58-7. - Permits for use of public parks and recreational facilities. Permits for the use of public parks and recreational facilities may be required by the director. Where permits are required, no person shall engage in or make use of any park and recreational facility without first paying for same and adhering to the rules and regulations governing use of said facility. Sec. 58-8. - Posting advertisement; sale of goods generally. (a) No person shall post, distribute, circulate, or display any notice, banner, advertisement, or printed material in any park or recreational facility without permission of the Director. (b) No person shall offer for sale or rent any goods, articles, privileges, commodities, or services whatsoever or solicit for any purpose in any recreational facility without obtaining written permission from the Director of parks and recreation, and for such time and at such places as the director may determine. This section shall not be construed to apply to the sale of food, soft drinks, and other like goods pursuant to section 58.-9 below. Sec. 58-9. - Sale of food and soft drinks; canteen concessions. The sale of foods, soft drinks, or other like goods is prohibited in any park or recreational facility, except from canteens or concessions operated by concessionaires authorized by the director. Sec. 58-10. - Washing, repairing, or servicing vehicles. No person shall use any park or recreational facility for washing, repairing, or servicing of any vehicle unless mechanical disablement occurs and immediate steps must be taken. Sec. 58-11. - Use of nature trails, pedestrian paths, etc. (a) No person other than those authorized by the Director shall operate a motorized vehicle upon nature trails, pedestrian paths, and bikeways specifically designated and established for such use. (b) Notwithstanding subsection (a) individuals accorded special status under federal or state disability or accommodation laws or regulations may be permitted use of motorized vehicles upon nature trails, pedestrian paths, and bikeways specifically designated and established for such use, but only as and to the extent necessary to accommodate the disability of the individual using such motorized vehicle. Sec. 58-12. - Operation of non-licensed motorized vehicles. (a) For purposes of this subsection only, any electric-assisted bicycle as identified by Code of Virginia, sec. 46.2-904.1 as amended, shall not be considered a non-licensed motorized vehicle, and shall be treated the same as any bicycle. (b) No person shall operate a non-licensed motorized vehicle in any park or recreational facility unless in an area specifically designated for such use by the director. (c) Notwithstanding subsection (a), individuals accorded special status under federal or state disability or accommodation laws or regulations may be permitted use of non-licensed motorized vehicles in any park or recreation facility, but only as and to the extent necessary to accommodate the disability of the individual using such non-licensed motorized vehicle. Sec. 58-13. - Rules and regulations. The City Manager or designee shall have the authority to promulgate rules and regulations for the operation of public parks and recreation facilities and the activities therein. Such rules and regulations shall be posted at such park and recreation facility and available for review in the Office of the City Manager. Sec. 58-14. – Prohibition of harvesting plants and animals (a) No plants or animals shall be removed from City property other than those harvested by legal recreational methods including fishing, crabbing (blue crabs only), and shrimping. All fishing and crabbing must comply with current state regulations and must occur on areas designated by the Director. (b) No commercial activities permitted on City property without prior authorization from the Director. Sec. 58-15. – Accessing Wetlands (a) No person shall access any City-owned wetlands in public parks unless authorized by the Director. (b) All boats and paddle crafts must be launched from designated launches. Sec. 58-16. – Noise (a) No person shall violate the City’s noise ordinance in any public parks and recreation facility (see section 34-186 et. seq . of the City Code). (b) Any person violating the City’s noise ordinance shall be subject to the penalties set out in the noise ordinance. Sec. 58-17. - Violations of chapter. Any person violating any provision of this chapter or any rule or regulation duly adopted hereunder shall be guilty of a Class 4 misdemeanor, unless otherwise specifically provided. In addition, such person may be ejected from the park, building, or other facility wherein the violation occurred. ARTICLE II. RECREATION Sec. 58-31. Use of Lone Star Lakes for fishing and other recreational use. (a) The rules and regulations as promulgated by the city manager for the use of Lone Star Lakes and adjacent city property for the purpose of fishing or other recreational use are approved and adopted. All money collected from the sale of fishing permits and fees for other recreational use shall be paid to the city treasurer. (b) Any person violating the provisions of the rules and regulations, as promulgated by the city manager and approved by the city council, shall be punished by a fine of not more than $500.00, or by confinement in jail for not exceeding 30 days, or both such fine and confinement in jail. Sec. 58-32. Use of Crump Millpond for fishing. (a) The rules and regulations as promulgated by the city manager for the use of the Crump Millpond for the purpose of fishing are approved and adopted. (b) Any person violating the provisions of the rules and regulations, as promulgated by the city manager and approved by the city council, shall be punished by a fine of not more than $500.00, or by confinement in jail for not exceeding 30 days, or both such fine and confinement in jail. Sec. 58-33. Rental of city facilities. The city manager shall have the authority to promulgate reasonable rules and regulations concerning the rental of city facilities. All rentals, deposits and fees for the use of city facilities shall be collected by the department of parks and recreation and transferred by the department to the treasurer of the city to be credited to the general fund. BE IT FURTHER ORDAINED that this Ordinance shall be effective upon its passage and shall not be published. READ AND PASSED: _____________________ TESTE: __________________________________ Erika S. Dawley, City Clerk Approved as to Form: ___________________________________ William E. Hutchings, Jr., City Attorney Resolutions AGENDA: February 15, 2023, Regular Session ITEM: Staff Report - Significant Land Use Applications The Director of Planning and Community Development will give a brief discussion on the following significant land use applications that will come before City Council in the coming months. • REZONING REQUEST, RZN2021-00018, (Conditional), Lake Kilby Shores: to rezone the official zoning map of the City of Suffolk to change the zoning from RE, Rural Estate zoning district, to RM, Residential Medium Density zoning district (Conditional), for property located at Zoning Map 33, Parcels 48, 48A, 49 and Zoning Map 34, Parcel 26. • REZONING REQUEST, RZN2022-008, (Conditional), Pinnacle Storage: to rezone the official zoning map of the City of Suffolk to change the zoning from RL, Residential Low Density zoning district to B-2, General Commercial zoning district, for property located at 4944 & 4948 Shoulders Hill Road, Zoning Map 12, Parcel 27A.  A motion to schedule a City Council Work Session, for Wednesday, March 1, 2023, at 4:00 p.m., unless cancelled  RZN2021-018 - Lake Kilby Shores STAFF SUMMARY DESCRIPTION REZONING REQUEST: Rezoning Request, RZN2021-018 (Conditional), Lake Kilby Shores, a request to change the zoning from RE, Rural Estate zoning district, to RM, Residential Medium Density zoning district (Conditional), for property located at Zoning Map 33, Parcels 48, 48A, 49 and Zoning Map 34, Parcel 26. APPLICANT: Submitted by Matt Howard, Lake Kilby Properties, LLC, applicant, on behalf of Bob Arnette, Coastal Virginia Partners, LLC, contract purchaser, and Harvey Sternat, attorney-in­ fact, for Flojo Properties, LLC, and Diane Sternat ET ALS, property owners. LOCATION: This rezoning consists of four (4) parcels located on Lake Cohoon Road and Lake Kilby Road south of the Pitchkettle Farm subdivision and approximately 4,700 feet south of Lake Kilby Road's intersection with Pitchkettle Road. PRESENT ZONING: All of the subject parcels are currently zoned RE, Rural Estate zoning district. The combined acreage of the subject parcels is roughly 87.57 acres. EXISTING LAND USE: The prope1ty is undeveloped and has periodically been used for farming. PROPOSED LAND USE: The applicant proposes to rezone the property to the RM, Residential Medium Density zoning district (Conditional), for the purpose of developing 204 single-family homes. Please refer to the applicant's proffer statement. SURROUNDING LAND USES: North- A vacant parcel, T.M. 33*47, zoned RE, Rural Estate, followed by the Pitchkettle Farm subdivision zoned RL, Residential Low Density zoning district. South - A single-family home zoned RE, Rural Estate, followed by the Route 58 Bypass and properties zoned M-2, Heavy Industrial. East - The Route 58 Bypass and undeveloped prope1ties zoned C, Conservation. West - Single-family homes and undeveloped prope1ties zoned A, Agricultural. COMPREHENSIVE PLAN: The City's 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is located within the City's Chesapeake Bay Preservation Area Overlay District (CBPA) and is designated as a Resource Management Area (RMA). FLOOD PLAIN: The property falls within Flood Zone X, as shown on Panel No. 0210D, dated November 16, 2011, and Panel No. 0230E, dated August 3, 2015, of the Flood Insurance Rate Map for the City of Suffolk, Virginia, Community No. 510156. AGENDA: February 15, 2023, Regular Session ITEM: Motion - A motion to schedule a Public Hearing for March 1, 2023, to receive public comment on an ordinance to authorize a quitclaim deed between the City of Suffolk and David March Enterprises LLC, for the conveyance of real property located on Tax Map & Parcel 40A*76 A City owned water storage tank was previously located on Tax Map & Parcel 40A*76. A previous Deed of Bargain and Sale, dated May 14, 1999 between the City and David March Enterprises LLC, provides for the conveyance of the parcel to the adjacent property owner once the City no longer has a need to access the property. The City no longer has a need to access the property. A motion is requested to schedule the required public hearing to be held at the March 1, 2023, City Council Meeting. AGENDA: February 15, 2023, Regular Session ITEM: Motion - A motion to schedule a public hearing to be held on March 1, 2023, to receive public comment on the Proposed Fiscal Year 2024-2033 Capital Improvements Program & Plan A public hearing is required to receive public comment on the Proposed FY 2024-2033 Capital Improvements Program & Plan (CIP). RECOMMENDATION: Schedule a public hearing for March 1, 2023, to obtain public comment on the proposed FY 2024-2033 CIP.  A motion to schedule a City Council Work Session for Wednesday, March 1, 2023, at 4:00 p.m., unless cancelled Non-Agenda Speakers New Business Announcements and Comments Adjournment