City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF MAY 17, 2023 WORK SESSION Begins at 4:00 P.M. REGULAR SESSION Begins at 6:00 P.M.  SUFFOLK CITY COUNCIL WORK SESSION May 17, 2023 4:00 p.m. City Council Chamber 1. Southside Network Authority Update 2. Historic District Guidelines Amendment Update 3. Appointments* * Proposed Items for Closed Session AGENDA: May 17, 2023, Work Session ITEM: Southside Network Authority Update Executive Director, Steven DeBerry, will provide an update on the Southside Network Authority’s project status. AGENDA: May 17, 2023, Work Session ITEM: Historic District Guidelines Amendment Update Planning and Community Development staff will provide City Council with an update on proposed revisions to the City’s Historic District Guidelines and supporting ordinance amendments.  SUFFOLK CITY COUNCIL AGENDA May 17, 2023 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentation – A proclamation in recognition of “National Emergency Medical Services Week” 5. Removal of Items from the Consent Agenda and Adoption of the Agenda 6. Agenda Speakers 7. Consent Agenda – An ordinance authorizing the City Manager to accept the deed of donation, Tax Map Number 20, Parcel 25*D2*A 8. Consent Agenda – An ordinance to accept and appropriate funds from the Hampton Roads Planning District Commission (HRPDC) for the Oak Terrace Affordable Housing Project 9. 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 (City Council voted to reconsider this item at the April 19, 2023 City Council meeting) 10. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a telecommunications tower (new construction or increase in height), on property located on Mineral Spring Road, Zoning Map 63, Parcel 37D; Account Number 103441500; CUP2023-001 11. Public Hearing – An ordinance to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions of Parker Enterprises residential development for properties located on Sleepy Hole Road, Zoning Map 19A, Parcels 63A, 63A*1 and 63A*2, Account Numbers 304320700, 306004807, and 306004808; RZN2023-002 (Conditional) 12. Ordinance – An ordinance authorizing the City Manager to accept a Deed Open- Space Easement over the common passive open-space within the Cluster Subdivision Plat for The Reserve at Cedar Point, Tax Map Number 5, Parcel 16A*2; Account Number 254002859; FSB2022-00013 13. Resolutions 14. Staff Reports 15. Motion – A motion to schedule a City Council Work Session for Wednesday, June 7, 2023, at 4:00 p.m., unless cancelled 16. Non-Agenda Speakers 17. New Business 18. Announcements and Comments 19. Adjournment 2 City Council Work Session November 2, 2022 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, November 2, 2022, 4:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Lue R. Ward, Jr. LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT None WHITE MARSH POINTE AT EAGLE LANDING PROJECT UPDATE Utilizing a PowerPoint presentation, Suffolk Redevelopment and Housing Authority Executive Director Tracey Snipes gave a report about the above referenced item. Referring to the presentation, Council Member Fawcett solicited information about the priority of occupancy of the development. Ms. Snipes affirmed that residents who occupied the former residences at the site would receive priority in moving into the new units. Referring to the presentation, Council Member Goldberg asked about efforts to address the backlog of applicants on the housing waiting list. Ms. Snipes suggested that new housing developments could set aside a portion of the units for low-income residents. She also said that more homes are needed in the Section 8 program. Referring to the presentation, Council Member Ward asked about the number of accessible units available in the project. Ms. Snipes said there are six accessible units in the new community and 14 at Eagle Landing. Referring to the presentation, Council Member Johnson inquired about the inclusion of playgrounds in the project. Ms. Snipes advised there would be a playground on one side and a basketball on another side of the development. 1 City Council Work Session November 2, 2022 Vice Mayor Bennett solicited information on upcoming mixed income residential projects. Ms. Snipes said she was not aware of any upcoming mixed income residential projects. Referring to the presentation, Mayor Duman asked whether all of the people on the housing waiting list were currently Suffolk residents. Ms. Snipes estimated about 90% of people are currently residents of Suffolk. 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, Historic Landmarks Commission, Human Services Advisory Board, Local Board of Building Code Appeals, Tidewater Youth Services Commission, and Western Tidewater Water Authority; and 2. 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 34C*WH19 and 34C*WHC15. 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 12*31G*1 and 10*53. 4. Pursuant to Virginia Code Section 2.2-3711(A)(7), consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probably litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body, specifically the matter of Dale Roberts, et al v. City of Suffolk City Council, et al. Council Member Fawcett, on a motion seconded by Council Member Williams, moved that City Council convene in a closed meeting for the above referenced purpose, 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 2 City Council Work Session November 2, 2022 City Council convened in Closed Meeting at 4:30 p.m. The Closed Meeting concluded at 5:03 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 3 City Council Regular Meeting November 2, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, November 2, 2022, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Lue R. Ward, Jr. LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Council Member Goldberg offered the Invocation and led the Pledge of Allegiance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of November 2, 2022, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, 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 NOVEMBER 2, 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting November 2, 2022 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Ward, moved to approve the minutes from the May 4, 2022, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 SPECIAL PRESENTATION – 2022 Holiday Events Update Utilizing a PowerPoint presentation, Tourism Manager Theresa Earles presented a report on the above referenced item. 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 Goldberg, on a motion seconded by Council Member Johnson, 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, Ward and Williams 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 – An ordinance to accept and appropriate funds from the Commonwealth of Virginia Technology Trust Fund Consent Agenda Item #8 – An ordinance to accept and appropriate funds donated to the City of Suffolk Department of Parks and Recreation Referring to Consent Agenda Items #7 and #8, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 2 City Council Regular Meeting November 2, 2022 ORDINANCES Ordinance – An ordinance authorizing the City Manager to accept a Deed Open-Space Easement over the common passive open-space within Phase 2 of the Cluster Subdivision Plat for Meadows Landing, Tax Map Number 43, Parcel 21; Account Number 150979000; FSB2021-00012 Utilizing a PowerPoint presentation, Interim Planning and Community Development Kevin Wyne gave a summary 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 ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow, Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: Mayor Duman 0 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED OPEN- SPACE EASEMENT OVER THE COMMON PASSIVE OPEN-SPACE WITHIN PHASE 2 OF THE CLUSTER SUBDIVISION PLAT FOR MEADOWS LANDING, TAX MAP NUMBER 43, PARCEL 21; ACCOUNT NUMBER 150979000; FSB2021-00012 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 for November 16, 2022, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and/or temporary easements, either by agreement or condemnation, for the Pittmantown Road (Rte. 668) over Mill Swamp Bridge replacement Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to schedule a public hearing for November 16, 2022, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and/or temporary easements, either by agreement or condemnation, for the Pittmantown Road (Rte. 668) over Mill Swamp Bridge replacement, 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 3 City Council Regular Meeting November 2, 2022 Motion – A motion to schedule a City Council Work Session, for Wednesday, November 16, 2022, at 4:00 p.m., unless cancelled Council Member Goldberg, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session, for Wednesday, November 16, 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 Ann Harris, 2455 Lake Cahoon Road, representing self, opined about rezoning and land and expressed her opposition to an upcoming proposed project on Lake Kilby. Bryan Harris, 2455 Lake Cahoon Road, representing self, opined about rezoning and land and expressed his opposition to an upcoming proposed project on Lake Kilby. NEW BUSINESS There were no items under this portion of the agenda. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Interim Media and Community Relations Director Jennifer Moore provided a report on the following: the Human Resources Department’s new onsite training programs; the Social Services Department’s observance of Domestic Violence Awareness Month; the Suffolk Police Department’s Domestic Violence Forum; Suffolk Restaurant Week; Planter’s Park Playground replacement; the end of Daylight Savings Time; the City’s operating hours on Election Day; the City’s operating hours on Veterans Day; the Freedom 10k/Home of the Brave 5K/ and the Kids ¼ Mile Dash; and United States Capitol Christmas Tree trip through the city. Council Member Butler Barlow reported she attended the Suffolk Fire Department’s Academy Graduation. Council Member Johnson offered congratulations to the Suffolk Fire Department’s Academy graduates. Council Member Johnson opined about residents’ efforts surrounding land use. Council Member Fawcett welcomed new Economic Development Director Nicolas Langford. Council Member Fawcett opined about Veterans Day and Suffolk Fire Department’s Academy graduates. Council Member Fawcett said he went to Bon Secours Harbour View Hospital Groundbreaking and the Curtis R. Milteer, Sr. Recreation Center Dedication. 4 City Council Regular Meeting November 2, 2022 Council Member Williams reported he attended the Curtis R. Milteer, Sr. Recreation Center Dedication. Council Member Williams welcomed new Economic Development Director Nicolas Langford. Council Member Williams asked for speed bumps on a portion of Hunter Street. Council Member Ward reported he attended the Curtis R. Milteer, Sr. Recreation Center Dedication. Council Member Ward asked for speed bumps on Old College Drive. Vice Mayor Bennett reported he attended the Curtis R. Milteer, Sr. Recreation Center Dedication. Vice Mayor Bennett opined about a recent report from Suffolk Redevelopment and Housing Authority. Vice Mayor Bennett opined about the traffic generated by the Amazon Fulfillment Center. Vice Mayor Bennett reported he attended the Suffolk Fire Department’s Academy Graduation. Vice Mayor Bennett acknowledged the Suffolk Farmers Market Pop-Up event on East Washington Street. Vice Mayor Bennett offered comments about voting and veterans. Mayor Duman said he attended the Amazon Ribbon Cutting Ceremony. Mayor Duman advised he attended the Bon Secours Harbour View Hospital Groundbreaking. Mayor Duman congratulated the Suffolk Fire Department’s Academy graduates. Mayor Duman said he attended the Curtis R. Milteer, Sr. Recreation Center Dedication. Council Member Fawcett, on a motion seconded by Council Member Williams, 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 7:24 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 5 City Council Work Session November 16, 2022 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, November 16, 2022, 4:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Lue R. Ward, Jr. LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Kevin Hughes, Deputy City Manager ABSENT Council Member Timothy J. Johnson (excused) 2045 COMPREHENSIVE PLAN UPDATE: ECONOMIC ANALYSIS/REPORT Interim Planning and Community Development Director Kevin Wyne introduced Kevin Hively, Founder, Ninigret Partners, the City’s Comprehensive Plan Economic Development consultant. Utilizing a PowerPoint presentation, Mr. Hively submitted an update about the above referenced item. Referring to the presentation, Council Member Goldberg asked if the City needs more housing. Mr. Hively replied in the affirmative. Referring to the presentation, Council Member Goldberg called for information about the City’s housing inventory as compared to other localities in the region. Mr. Hively stated that in other localities do not necessarily employ the people that reside in their communities, which results in traffic congestion issues. He added that housing growth will more than likely occur mostly in the western part of the region. Council Member Fawcett queried about the availability of sufficient housing stock in order to permit individuals to live and work in the City. Mr. Hively advised that data will provided in a subsequent report. Council Member Ward queried about the ideal percentage of individuals that should, both, live and work in the same City. Mr. Hively indicated that he could not speak to the ideal percentage of individuals that should live and work in the City. Council Member Ward opined about methods the City could use to attract younger residents. Mr. Hively said that in order for the City to be more attractive to younger residents, there would have to be shift in focus on more amenities and other lifestyle choices. 1 City Council Work Session November 16, 2022 Council Member Butler Barlow asked about the possible receipt of data regarding the decision-making process individuals use when determining where they wish to resident. Mr. Hively reported that data would not be included in the 2045 Comprehensive Plan Update. He added that information could be included in a larger economic development plan. Referring to the presentation, Vice Mayor Bennett called for clarification of the existing number of housing units. Mr. Hively said that the City currently has 37,000 existing housing units. Referring to the presentation, Mayor Duman requested that hard copies of the information be provided to each member of City Council. Referring to the presentation, Mayor Duman queried about the inclusion of this data in the 2045 Comprehensive Plan Update. Mr. Hively advised there will in a chapter in the 2045 Comprehensive Plan Update. 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 Agricultural Advisory Committee, Clean Community Commission, Early Childhood Development Commission, Hampton Roads Planning District Commission, Historic Landmarks Commission, Human Services Advisory Board, Local Board of Building Code Appeals, Tidewater Youth Services Commission, and the Western Tidewater Water Authority; and 2. Pursuant to Virginia Code Section 2.2-3711(A)(5) and (7), 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 an EDIP proposal regarding Project Dynamo. Council Member Fawcett, on a motion seconded by Council Member Goldberg, 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, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 2 City Council Work Session November 16, 2022 City Council convened in Closed Meeting at 4:44 p.m. The Closed Meeting concluded at 5:05 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 3 City Council Regular Meeting November 16, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, November 16, 2022, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Bennett Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Lue R. Ward, Jr. LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT Council Member Timothy J. Johnson (excused) CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Council Member Goldberg offered the Invocation and a moment of silence in recognition of the shooting victims at the University of Virginia. Mayor Duman announced Council Member Johnson was excused from tonight’s meeting. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of November 16, 2022, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF NOVEMBER 16, 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting November 16, 2022 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Goldberg, moved to approve the minutes from the May 18, 2022, Work Session and Regular Meeting, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 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 advised that City Manager Moor has information regarding Public Hearing Item #16. City Manager Moor reported that the applicant has submitted a request to continue consideration of Public Hearing Item #16 to the February 15, 2023, City Council meeting. Council Member Butler Barlow, on a motion seconded by Council Member Williams, moved to continue consideration of Public Hearing Item #16 to the February 15, 2023, City Council meeting and adopt the remainder of the agenda, as presented. Council Member Fawcett moved to continue consideration of Public Hearing Item #16 for 60 days. The motion failed to receive a second. City Clerk Dawley advised that the motion must be date specific, which would be the January 18, 2023, City Council meeting. Council Member Fawcett, on a substitute motion seconded by Vice Mayor Bennett, moved to continue consideration of Public Hearing Item #16 to the January 18, 2023, City Council meeting. City Clerk Dawley called for clarification about the motion as it relates to the adoption of the remainder of the agenda, as presented. Council Member Fawcett and Vice Mayor Bennett both replied in the affirmative. Referring to the proposed motions, Council Member Goldberg opined about the 60-day timeline versus consideration of the 90-day continuance, as requested by the applicant. Mayor Duman called for additional information from the applicant about the request for the continuance to the February 15, 2023, City Council meeting. J. Whitt Harper, Saunders and Ojeda, attorney for the applicant, stated that the applicant has requested the continuance in order to address some of the issues raised by the Planning Commission. Council Member Fawcett, withdrew his substitute motion to continue consideration of Public Hearing Item #16 to the January 18, 2023, City Council meeting. Vice Mayor Bennett consented to the withdrawal of his second. 2 City Council Regular Meeting November 16, 2022 Referring to the request for a continuance, Mayor Duman asked about the need to refer Public Hearing Item #16 back to the Planning Commission, should the applicant make changes to the proposed application. City Attorney Hutchings explained that the proposed application would only need to be referred back to the Planning Commission, should the applicant make substantial changes. Council Member Butler Barlow, on a motion seconded by Council Member Williams, moved to continue consideration of Public Hearing Item #16 to the February 15, 2023, City Council meeting and adopt the remainder of the agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 AGENDA SPEAKERS Thomas Rein, 119 Suffolk Meadows Boulevard, representing self, opined about the following items - Item #19 - Staff Report - City Truck Route Strategy and Item #21 - Motion - A motion to schedule a public hearing to be held on December 7, 2022, to receive public comment on the restriction of trucks on Shoulders Hill Road from Bridge Road to Pughsville Road, the restriction of trucks on Dutchess Way, the restriction of trucks on Baron Boulevard and the restriction of trucks on Suffolk Meadows Boulevard. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Animal Friendly License Plate Program for Animal Shelter Services Consent Agenda Item #8 - An ordinance to accept and appropriate a Justice Assistance Grant from the United States Department of Justice in support of the Suffolk Police Department Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the United States Department of Justice Office of Community Oriented Policing Services in support of the City of Suffolk Police Department Consent Agenda Item #10 - An ordinance amending City Code Section 2-61 concerning City Council meeting time Consent Agenda Item #11 - An ordinance amending City Code Section 2-96 concerning deadline for registering as a nonagenda speaker Referring to Consent Agenda Items #7 through #11, City Manager Moor provided a summation of the background information as printed in the official agenda. 3 City Council Regular Meeting November 16, 2022 Council Member Fawcett, on a motion seconded by Council Member Ward, moved to approve Consent Agenda Items #7 through #11, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 PUBLIC HEARINGS Public Hearing Item #12 - An ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Pittmantown Road (Rte. 668) over Mill Swamp Bridge Replacement Utilizing a PowerPoint presentation, Public Works Director Robert Lewis offered a presentation of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Goldberg, on a motion seconded by Council Member Williams, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 AN ORDINANCE AUTHORIZING THE ACQUISITION OF REAL PROPERTY IN FEE SIMPLE AND/OR PERMANENT AND/OR TEMPORARY EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION, FOR THE PITTMANTOWN ROAD (RTE. 668) OVER MILL SWAMP BRIDGE REPLACEMENT Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk to change the zoning from O-I, Office-Institutional zoning district, to B-2, General Commercial zoning district (Conditional), for property located at 3075 Godwin Boulevard, Zoning Map 25, Parcel 29M, Account Number 253269600; RZN2022-011 (Conditional) Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Kevin Wyne submitted a report of the background information as printed in the official agenda. He added that he will provide one staff report for the above referenced item and the following item, CUP2022-019, as they are companion pieces, however, it is a legal requirement to conduct two separate public hearings. Melissa Venable, 5857 Harborview Boulevard, representing John A. Wright, Waverton Associates, applicant, spoke in support of the proposed ordinance, as presented. Rob Barrett, no address provided, representing the Cathcart Group, Gallery at Godwin, spoke in opposition to the proposed ordinance, as presented. Melissa Venable, 5857 Harborview Boulevard, representing John A. Wright, Waverton Associates, applicant, spoke in support of the proposed ordinance, as presented. 4 City Council Regular Meeting November 16, 2022 Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Fawcett called for clarification about the proposed condition requiring all moving vans and trucks to utilize the commercial entrance on Godwin Boulevard to access the site and limit usage of the inter-parcel connection between the subject parcel and the adjacent parcel. Interim Planning and Community Development Director Wyne said that matter is addressed in condition number two in the next conditional use permit ordinance. Referring to the presentation, Council Member Fawcett queried about the anticipated amount of traffic as it relates to the proposed project. Interim Planning and Community Development Director Wyne explained that the proposed project is not anticipated to general a high amount of traffic. Council Member Fawcett moved to approve the proposed ordinance, as presented. The motion failed to receive a second. Referring to the presentation, Council Member Goldberg inquired about the purpose of the stub out on the parcel under consideration. Interim Planning and Community Development Director Wyne replied that the stub out is a matter of traffic safety. Referring to the presentation, Council Member Williams asked about the responsibility of maintaining the parking lot, as it relates to the stub out. Interim Planning and Community Development Director Wyne stated that the maintenance of the parking lot is the responsibility of the property owner. City Manager Moor asked Fire and Rescue Chief Michael Barakey to address public safety access. Chief Barakey advised if a structure is more than 30 feet, then two access points are needed. Mayor Duman opined about the feasibility of installing an emergency ingress/egress between the parcel under consideration and the adjacent property. Interim Planning and Community Development Director Wyne indicated that might be a feasible option. Members of City Council opined about access and traffic issues on the parcel. Council Member Fawcett, on a motion made by Council Member Goldberg, moved to approve the proposed ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM O-I, OFFICE-INSTITUTIONAL ZONING DISTRICT, TO B-2, GENERAL COMMERCIAL ZONING DISTRICT (CONDITIONAL), FOR PROPERTY LOCATED AT 3075 GODWIN BOULEVARD, ZONING MAP 25, PARCEL 29M, ACCOUNT NUMBER 253269600; RZN2022-011 (CONDITIONAL) 5 City Council Regular Meeting November 16, 2022 Public Hearing - 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 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne reiterated the information as presented in the previous report as printed in the official information. Melissa Venable, 5857 Harborview Boulevard, representing John A. Wright, Waverton Associates, applicant, spoke in support of the proposed ordinance, as presented. Rob Barrett, no address provided, representing the Cathcart Group, Gallery at Godwin, spoke in opposition to the proposed ordinance, as presented. Phil Smith, 3021 North James Drive, representing John A. Wright, Waverton Associates, applicant, spoke in support of the proposed ordinance, as presented. Melissa Venable, 5857 Harborview Boulevard, representing John A. Wright, Waverton Associates, applicant, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. Council Member Goldberg asked about the plan to prevent traffic from the proposed mini-storage using the adjacent property of the Gallery at Godwin. Interim Planning and Community Development Director Wyne advised that the proposed ordinance addresses the matter of truck traffic. Members of City Council opined about the access to the parcel under consideration and the adjacent parcel via the traffic light. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to continue consideration of the proposed ordinance for 30 days. City Clerk Dawley advised that the motion must be date specific. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to continue consideration of the proposed ordinance to the December 21, 2022, City Council meeting, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Fawcett, Goldberg, Ward and Williams 6 NAYS: Council Member Butler Barlow (Council Member Johnson was excused.) 1 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a day care (family day home), 5-12 children, on property located at 1013 Raven Hill Road, Zoning Map 26L, Parcel 174, Account Number 306003105; CUP2022-021 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Wyne supplied an overview of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. 6 City Council Regular Meeting November 16, 2022 Council Member Fawcett asked if the proposed day care would open on weekends. Interim Planning and Community Development Director Wyne said that there is no indication that the day care would be open on weekends. Council Member Fawcett said that he would like to see that information included in future staff reports on day care applications. Council Member Williams, on a motion seconded by Council Member Ward, moved to approve the proposed ordinance, with conditions, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A DAY CARE (FAMILY DAY HOME), 5-12 CHILDREN, ON PROPERTY LOCATED AT 1013 RAVEN HILL ROAD, ZONING MAP 26L, PARCEL 174, ACCOUNT NUMBER 306003105; CUP2022-021 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a surface mining operation (borrow pit), on property located at Zoning Map 9, Parcel 3, Account Number 252626000; CUP2021-013 (This item was continued from City Council’s August 17, 2022, meeting.) This item was continued to the February 15, 2023, City Council meeting under Item #5. 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 - City Truck Route Strategy Utilizing a PowerPoint presentation, Deputy City Manager Kevin Hughes offered a review of the above referenced item. MOTIONS Motion – A motion to schedule a public hearing to be held on December 7, 2022, to receive public comment on an ordinance to enter into a lease for restaurant services at the Suffolk Executive Airport 7 City Council Regular Meeting November 16, 2022 Council Member Goldberg, on a motion seconded by Council Member Williams, moved to schedule a public hearing to be held on December 7, 2022, to receive public comment on an ordinance to enter into a lease for restaurant services at the Suffolk Executive Airport, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 Motion – A motion to schedule a public hearing to be held on December 7, 2022, to receive public comment on the restriction of trucks on Shoulders Hill Road from Bridge Road to Pughsville Road, the restriction of trucks on Dutchess Way, the restriction of trucks on Baron Boulevard and the restriction of trucks on Suffolk Meadows Boulevard Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to schedule a public hearing to be held on December 7, 2022, to receive public comment on the restriction of trucks on Shoulders Hill Road from Bridge Road to Pughsville Road, the restriction of trucks on Dutchess Way, the restriction of trucks on Baron Boulevard and the restriction of trucks on Suffolk Meadows Boulevard, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 Motion – A motion to schedule a public hearing for December 7, 2022, to receive public comment on an ordinance authorizing conveyance of a 30’ permanent Hampton Roads Sanitation District’s (HRSD) utility easement, a variable width temporary HRSD construction easement, and a 25’ permanent HRSD ingress / egress easement, for the HRSD Suffolk Pump Station Replacements Project Council Member Williams, on a motion seconded by Council Member Goldberg, moved to schedule a public hearing for December 7, 2022, to receive public comment on an ordinance authorizing conveyance of a 30’ permanent Hampton Roads Sanitation District’s (HRSD) utility easement, a variable width temporary HRSD construction easement, and a 25’ permanent HRSD ingress / egress easement, for the HRSD Suffolk Pump Station Replacements Project, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 Motion – A motion to schedule a public hearing to be held on December 7, 2022, to receive public comment on conveyance of two land parcels located in Suffolk Industrial Park (Tax ID #s 34C*WHC19 (“Lot 19”) and 34C*WHC15 (“Lot 15”) 8 City Council Regular Meeting November 16, 2022 Council Member Ward, on a motion seconded by Council Member Goldberg, to move to schedule a public hearing to be held on December 7, 2022, to receive public comment on conveyance of two land parcels located in Suffolk Industrial Park (Tax ID #s 34C*WHC19 (“Lot 19”) and 34C*WHC15 (“Lot 15”), by the vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 Motion – A motion to schedule a City Council Work Session, for Wednesday, December 7, 2022, at 4:00 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Ward, moved to schedule a City Council Work Session, for Wednesday, December 7, 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, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 NON-AGENDA SPEAKERS Chris Dove, 852 Colonel Meade Drive, representing self, opined about a recent decision made by the City’s Zoning Administrator regarding setbacks. Jeff Minnix, 1209 Mount Pleasant Drive, representing self, opined about traffic on Route 58. Kelly Hengler, 9345 Eclipse Drive, representing self, opined about water quality. Bryan Harris, 2455 Lake Cahoon Road, representing self, opined about land use. NEW BUSINESS City Clerk Dawley presented the following nomination: Agricultural Advisory Committee (direct marking representative) - Bryan Harris. Council Member Butler Barlow, on a motion seconded by Council Member Williams, moved to nominate and appoint the following individual to the respective body, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 9 City Council Regular Meeting November 16, 2022 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Interim Director Jennifer Moore provided a report on the following: the City’s observance of Thanksgiving; the ribbon cuttings for ReVISION and HomeGoods; the Parks and Recreation Department’s receipt of awards at the Virginia Recreation Parks State Conference; the new exhibition, Takin’ Care of Business at the Suffolk Center for Cultural Arts; the Virginia Museum of Fine Arts on the Road exhibition, An Automobile for the 21st Century; the 2022 Winter Exhibit; the City’s Grand Illumination; the Festival of Lights at Sleepy Hole Park; the 11th Annual Artisan Gift Fair; the Meet Santa event at the 11th Annual Artisan Gift Fair and the 2022 Suffolk Holiday Parade. Council Member Williams announced he attended the Suffolk Fire and Rescue Department’s Awards Ceremony. Council Member Williams acknowledged the Public Works Department for addressing constituent issues. Council Member Goldberg reported he attended the Suffolk Fire and Rescue Department’s Awards Ceremony. Council Member Goldberg reported he attended a recent meeting of the Economic Development Authority of the City of Suffolk. Council Member Ward announced he attended the following events: Suffolk Fire and Rescue Department’s Awards Ceremony; 47th Annual Hampton Roads Leadership Prayer Breakfast; Metropolitan Baptist Church and Huntersville Civic League. Council Member Butler Barlow opined about a visit from representatives from Virginia Polytechnic Institute and State University. Council Member Fawcett acknowledged Council Member Williams for his turkey give-away. Council Member Fawcett acknowledged the honorees recognized at the Suffolk Fire and Rescue Department’s Awards Ceremony. Council Member Fawcett acknowledged the Parks and Recreation Department’s receipt of awards at the Virginia Recreation Parks State Conference. Vice Mayor Bennett announced he attended the Suffolk Fire and Rescue Department’s Awards Ceremony. Vice Mayor Bennett opined about the Salvation Army Holiday Fund Drive. Mayor Duman reported he attended the following events: the Bring Your Legislator to School Day event; the Suffolk Fire and Rescue Department’s Awards Ceremony; the Hampton Roads Council of Veterans Organizations Veterans Day Parade; the 47th Annual Hampton Roads Leadership Prayer Breakfast and the Suffolk Sister Cities International Annual Meeting. 10 City Council Regular Meeting November 16, 2022 Mayor Duman acknowledged Council Member Williams for his turkey give-away. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Ward and Williams 7 NAYS: None (Council Member Johnson was excused.) 0 There being no further business to come before City Council, the regular meeting was adjourned at 9:16 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 11 AGENDA: May 17, 2023, Regular Session ITEM: Special Presentation – A proclamation in recognition of “National Emergency Medical Services Week” The Suffolk Department of Fire and Rescue has requested a proclamation in recognition of National Emergency Medical Services Week May 21, 2023 through May 27, 2023 in conjunction with this observance throughout the Commonwealth of Virginia and the nation. Fire Chief Michael Barakey will be present to accept the proclamation. Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers Resolutions A motion to schedule a City Council Work Session, for Wednesday, June 7, 2023, at 4:00 p.m., unless cancelled Non-Agenda Speakers New Business Announcements and Comments