City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF JUNE 7, 2023 WORK SESSION Begins at 4:00 P.M. REGULAR SESSION Begins at 6:00 P.M.  SUFFOLK CITY COUNCIL WORK SESSION June 7, 2023 4:00 p.m. City Council Chamber 1. GloFiber Broadband Update 2. Capital Improvements Plan and American Rescue Plan Act Update 3. Appointments* 4. Disposition of Real Property - Tax Map 44*62* * Proposed Items for Closed Session AGENDA: June 7, 2023, Work Session ITEM: GloFiber Broadband Update GloFiber Representatives will provide updates on the progression of the broadband project throughout the City. AGENDA: June 7, 2023, Work Session ITEM: Capital Improvements Plan Updates City Staff will provide updates on Capital Improvement Plan items, as well as American Rescue Plan Act (ARPA) Projects.  SUFFOLK CITY COUNCIL AGENDA June 7, 2023 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentations – A resolution recognizing Donald Z. Goldberg for his years of service to the City of Suffolk, Virginia 5. Removal of Items from the Consent Agenda and Adoption of the Agenda 6. Agenda Speakers 7. Consent Agenda – An ordinance to accept and appropriate funds in support of the City of Suffolk Sheriff’s Department Community Outreach Program 8. Consent Agenda – An ordinance to accept and appropriate funds from the Virginia Department of Transportation FY 2023 Highway Safety Improvement Program for the Portsmouth Boulevard Sidewalk Phase III project 9. Consent Agenda – An ordinance to accept and appropriate funds from the Virginia Department of Transportation State of Good Repair Program for the Elwood Road over Kingsdale Swamp Bridge Replacement project 10. Consent Agenda – An ordinance to amend Chapter 38 of the Code of the City of Suffolk, Virginia by amending Section 38-34 and adding Section 38-34.1 concerning powers and duties of the Fire Marshal 11. Public Hearings 12. Ordinance – 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*l, Account Numbers 306004377, 306004378, 306004379, 306004380, and 306004381; RZN2022-004 (Conditional) 13. Resolutions – A resolution authorizing the City Manager to approve passive open space easements 14. Staff Report – 2045 Comprehensive Plan Update 15. Motion – A motion to schedule a City Council Work Session for Wednesday, June 21, 2023, at 4:00 p.m., unless cancelled 16. Motion – A motion to cancel the July 5, 2023 City Council Meeting 17. Non-Agenda Speakers 18. New Business 19. Announcements and Comments 20. Adjournment 2 City Council Work Session December 7, 2022 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, December 7, 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 (arrived at 4:09 p.m.) Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT Council Members – Lue R. Ward, Jr. (excused) LeOtis L. Williams (excused) PRESENTATION OF THE FISCAL YEAR 2022 ANNUAL COMPREHENSIVE FINANCIAL REPORT Utilizing a PowerPoint presentation, Laura Harden, Director, Cherry Bekaert, LLP, the City’s auditors, gave a report about the above referenced item. HAMPTON ROADS SANITATION DISTRICT, SUFFOLK CAPITAL PROJECTS OVERVIEW Utilizing a PowerPoint presentation, Jay Bernas, General Manager, Hampton Roads Sanitation District, gave a report about the above referenced item. Utilizing a PowerPoint presentation, Lauren Zuravnsky, Chief of Design and Construction, SWIFT at Hampton Roads Sanitation District, provided an update on SWIFT progress. Referring to the presentation, Council Member Fawcett solicited information about the nutrient separation process. Ms. Zuravnsky summarized that nutrients are separated from wastewater and returned for other productive uses. Referring to the presentation, Council Member Fawcett asked about the capacity of the SWIFT Plant. Ms. Zuravnsky estimated the new facility will be able to process 33 million gallons per day. Referring to the presentation, Council Member Goldberg asked if other places in the country have SWIFT capabilities. Ms. Zuravnsky said other locations are using a variety of methods to reuse water. Referring to the presentation, Council Member Johnson inquired about the timeline for the SWIFT Plant to be operational. Ms. Zuravnsky advised that the end of 2028 is the goal. 1 City Council Work Session December 7, 2022 Referring to the presentation, Council Member Johnson asked about the maximum processing capability of the SWIFT plant. Ms. Zuravnsky advised that the issue will need examined. Referring to presentation, Council Member Johnson solicited information on the impact of the SWIFT Plant on the Potomac Aquifer. Ms. Zuravnsky advised that the plant will not totally replenish the aquifer but would slow down migration of the water therein. Referring to the presentation, Council Member Johnson queried about the funding source for the SWIFT Plant. Ms. Zuravnsky answered that the projects are ratepayer funded, and additional monies are being leveraged at all levels of government. 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 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, Western Tidewater Water Authority, and the Wetlands Board. 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 and Parcel 25A*J17. 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, and Johnson 6 NAYS: None 0 (Council Members Ward and Williams were excused) City Council convened in Closed Meeting at 4:53 p.m. The Closed Meeting concluded at 5:12 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 2 City Council Regular Meeting December 7, 2022 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, December 7, 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 December 7, 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, and Johnson 6 NAYS: None 0 ABSTAIN: Council Members Ward and Williams 2 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF DECEMBER 7, 2022, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting December 7, 2022 APPROVAL OF THE MINUTES Vice Mayor Bennett, on a motion seconded by Council Member Goldberg, moved to approve the minutes from the June 1, 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 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 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 Suffolk Business Women, Incorporated for the Suffolk Sheriff’s Department Consent Agenda Item #8 – An ordinance to accept and appropriate funds for the Suffolk Sheriff’s Department Operation Helping Hands Toy Drive Consent Agenda Item #9 – An ordinance to accept and appropriate Community Flood Preparedness funds from the Virginia Department of Conservation and Recreation and transfer funding from the Stormwater Capital Contingency Account for the Kimberly Bridge Feasibility Study Referring to Consent Agenda Items #7 through #9, City Manager Moor submitted a review of the background information as printed in the official agenda. 2 City Council Regular Meeting December 7, 2022 Council Member Fawcett, on a motion seconded by Council Member Goldberg, 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 PUBLIC HEARINGS Public Hearing – An ordinance authorizing the execution of a lease agreement for Restaurant Services at the Suffolk Executive Airport Utilizing a PowerPoint presentation, Deputy City Manager Kevin Hughes gave a summary of the background information as printed in the official agenda. Aubrey W. Powers, 4550 Desert Road, representing Suffolk BBQ Co., spoke in support of the ordinance as presented. Hearing no additional 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, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR RESTAURANT SERVICES AT THE SUFFOLK EXECUTIVE AIRPORT Public Hearing – An ordinance to amend Section 86-291 of the Code of the City of Suffolk restricting through truck traffic on Shoulders Hill Road, Dutchess Way, Baron Boulevard, and Suffolk Meadows Boulevard Utilizing a PowerPoint presentation, Public Works Director Robert Lewis gave a report of the background information as printed in the official agenda. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self, spoke in support of the proposed ordinance. Ann Harris, 2455 Lake Cohoon Road, representing self, spoke in support of the proposed ordinance. Chris Dove, 852 Colonel Meade Drive, representing self, opined about the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett called for clarification about the types of trucks that the ordinance would restrict. Public Works Director Lewis explained that the restriction would comply with Virginia law, which identifies trucks over 7,500 pounds. 3 City Council Regular Meeting December 7, 2022 Council Member Fawcett inquired about markers that will identify the truck restricted areas. Public Works Director Lewis advised there would be a series of signs on Shoulders Hill Road/Route 17, and upon the completion of the road project in that area, large highway signs will also be erected. Council Member Fawcett asked about the feasibility of putting signs about the truck restrictions at traffic signals. Public Works Director Lewis advised that signs will be erected before the traffic signal. He explained construction in the area makes the situation fluid. He also reminded City Council that the proposed truck restriction will not prohibit trucks that are delivering to the designated area. Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented. Council Member Goldberg asked about the impact of the proposed ordinance on semi-tractor trailer moving trucks. City Manager Moor advised that the ordinance would not apply, since those cases would be considered a local stop. Council Member Fawcett, on a motion seconded by Council Member Johnson, 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: None 0 AN ORDINANCE TO AMEND SECTION 86-291 OF THE CODE OF THE CITY OF SUFFOLK RESTRICTING THROUGH TRUCK TRAFFIC ON SHOULDERS HILL ROAD, DUTCHESS WAY, BARON BOULEVARD, AND SUFFOLK MEADOWS BOULEVARD Public Hearing – An ordinance to authorize the disposition of property located in Suffolk Industrial Park to the Economic Development Authority of the City of Suffolk Utilizing a PowerPoint presentation, Economic Development Director Nicolas Langford gave a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Council Member Goldberg, 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: None 0 AN ORDINANCE TO AUTHORIZE THE DISPOSITION OF PROPERTY LOCATED IN SUFFOLK INDUSTRIAL PARK TO THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SUFFOLK 4 City Council Regular Meeting December 7, 2022 Public Hearing – A public hearing to receive public comment on an ordinance authorizing conveying a 30’ permanent Hampton Roads Sanitation District (HRSD) utility easement, a variable width temporary HRSD construction easement, and a 25’ permanent HRSD ingress / egress easement, for the District’s Suffolk Pump Station Replacements Project Utilizing a PowerPoint presentation, Parks and Recreation Director Mark Furlo gave a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Johnson, on a motion seconded by Council Member Ward, 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: None 0 AN ORDINANCE AUTHORIZING CONVEYING A 30’ PERMANENT HAMPTON ROADS SANITATION DISTRICT (HRSD) UTILITY EASEMENT, A VARIABLE WIDTH TEMPORARY HRSD CONSTRUCTION EASEMENT, AND A 25’ PERMANENT HRSD INGRESS / EGRESS EASEMENT, FOR THE DISTRICT’S SUFFOLK PUMP STATION REPLACEMENTS PROJECT Public Hearing – An ordinance to authorize the vacation of parts of two (2) plats of the River Highlands Subdivision 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, an ordinance to authorize a quitclaim deed between the City of Suffolk and NRCG Development, LLC, to release two (2) portions of passive open space within the River Highlands Subdivision from Deeds of Easement for the Maintenance of Common Areas, as they are companion pieces, however, it is a legal requirement to conduct two separate public hearings. Tuck Bowie, 4705 Columbus Street, Virginia Beach, Virginia, representing NRGC Development, LLC, spoke in support of the proposed ordinance. Christopher Dove, 852 Colonel Meade Drive, representing self, opined about the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented Council Member Johnson inquired about whether the City was replacing the lost open space. Interim Planning and Community Development Director Wyne replied in the negative and explained that the proposed ordinance would supply access to the applicant’s open space. 5 City Council Regular Meeting December 7, 2022 Council Member Fawcett, on a motion seconded by Council Member Goldberg, 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: None 0 AN ORDINANCE TO AUTHORIZE THE VACATION OF PARTS OF TWO (2) PLATS OF THE RIVER HIGHLANDS SUBDIVISION Public Hearing – An ordinance to authorize a quitclaim deed between the City of Suffolk and NRCG Development, LLC, to release two (2) portions of passive open space within the River Highlands Subdivision from Deeds of Easement for the Maintenance of Common Areas Interim Planning and Community Development Director Wyne reiterated the information as presented in the previous report and printed in the official agenda. Tuck Bowie, 4705 Columbus Street, Virginia Beach, Virginia, representing NRGC Development, LLC, spoke in support of the proposed ordinance. Christopher Dove, 852 Colonel Meade Drive, representing self, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett, on a motion seconded by Council Member Johnson, 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: None 0 AN ORDINANCE TO AUTHORIZE A QUITCLAIM DEED BETWEEN THE CITY OF SUFFOLK AND NRCG DEVELOPMENT, LLC, TO RELEASE TWO (2) PORTIONS OF PASSIVE OPEN SPACE WITHIN THE RIVER HIGHLANDS SUBDIVISION FROM DEEDS OF EASEMENT FOR THE MAINTENANCE OF COMMON AREAS ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. 6 City Council Regular Meeting December 7, 2022 MOTIONS Motion – A motion to cancel the January 4, 2023, City Council Meeting Council Member Williams, on a motion seconded by Vice Mayor Bennett, moved to cancel the January 4, 2023, City Council Meeting, 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 Motion – A motion to schedule the City Council Investiture Ceremony and Reorganizational Meeting for Tuesday, January 3, 2023, at 1:00 p.m., in City Council Chamber Council Member Johnson, on a motion seconded by Council Member Ward, moved to schedule the City Council Investiture Ceremony and Reorganizational Meeting for Tuesday, January 3, 2023, at 1:00 p.m., in City Council Chamber, 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 Motion – A motion to schedule a City Council Work Session, for Wednesday, December 21, 2022, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session, for Wednesday, December 21, 2022, at 4:00 p.m., unless cancelled, 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 NON-AGENDA SPEAKERS Thomas Rein, 119 Suffolk Meadows Boulevard, representing self, opined about traffic and requested a new study from the Hampton Roads Planning District Commission about the impacts of rail. Ann Harris, 2455 Lake Cahoon Road, representing self, opined about traffic in relation an upcoming proposed rezoning on Lake Kilby. Bryan Harris, 2455 Lake Cahoon Road, representing self, opined about the inclusion of agriculture in the Comprehensive Plan. 7 City Council Regular Meeting December 7, 2022 NEW BUSINESS Council Member Goldberg, on a motion seconded by Council Member Ward, moved to direct City Manager Moor to include a presentation regarding the Freedom Flag, 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 Council Member Fawcett asked whether a motion is needed to ask for another rail impact study from the Hampton Roads Planning District Commission. Mayor Duman advised it could be requested under announcements and comments. ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Interim Media and Community Relations Director Jennifer Moore provided a report on the following: Chief Deputy Treasurer Andrew Owen’s inclusion in “Top 40 Under Forty” in Inside Business; 2022 Stuff the Police Car event; 2022 Suffolk Fire and Rescue Department Recognition Ceremony; Suffolk Police Department Badge Pinning; Purchasing Division’s participation in the Small, Women-owned, and Minority-owned Business Fair; invitation to apply for the 2023 Suffolk Earth and Arts Festival; call for entries to the 39th Annual Juried Photography Exhibition; Painting the Town for the Holidays event; Santa’s Pottery Workshop at East Suffolk Recreation Center; How the Grinch Stole East Suffolk Recreation Center event; Winter Wonderland Camp for individuals with disabilities at Creekside Recreation Center; and Suffolk Holiday Parade, Jingle Mingle and Meet Santa events. Council Member Johnson offered congratulations to the Suffolk Fire and Rescue Department honorees and Suffolk Police Department’s recent graduates. Council Member Johnson opined the Public Works Department Citizens Academy. Council Member Fawcett asked for a new study from the Hampton Roads Planning District Commission about rail impacts. Council Member Williams reported he attended the funeral of the late Congressman A. Donald McEachin. Council Member Goldberg asked about the weight limit on the Broad Street Bridge. Public Works Director Lewis said the weight limit is the standard highway weight. Council Member Goldberg asked for a new study from the Hampton Roads Planning District Commission about rail impacts. Council Member Ward reported he attended a vigil for the Walmart shooting victims in Chesapeake. Council Member Ward commented on the passing of the late former NAACP Nansemond-Suffolk Branch President Paul Gillis. Council Member Ward reported he attended the funeral of the late Congressman A. Donald McEachin. 8 City Council Regular Meeting December 7, 2022 Vice Mayor Bennett asked for a new study from the Hampton Roads Planning District Commission about rail impacts. Vice Mayor Bennett offered congratulations to the Suffolk Fire and Rescue Department honorees. Vice Mayor Bennett invited residents to donate to Salvation Army bell ringers. Vice Mayor Bennett commented on the passing of the late former NAACP Nansemond-Suffolk Branch President Paul Gillis. Mayor Duman commented on the passing of the late former NAACP Nansemond-Suffolk Branch President Paul Gillis. Mayor Duman opined about the passing of the late Congressman A. Donald McEachin. Mayor Duman advised he attended the Bon Secours Harbour View Hospital Groundbreaking. Mayor Duman offered remarks about Suffolk’s National Night Out Award. Mayor Duman reported he attended the Public Works Department’s Citizens Academy graduation. Mayor Duman announced he attended Council Member Williams’ holiday food giveaway. Mayor Duman reiterated that the United States Capitol holiday tree stopped through Suffolk. Mayor Duman congratulated recent Suffolk Police Department graduates. Mayor Duman reported his attendance at the Hampton Roads Mayors and CEO Work Session on crime. Mayor Duman opined about a future public safety committee. Mayor Duman remarked about Pearl Harbor Day. Mayor Duman talked about train impacts. Mayor Duman wondered about a fine for thru trucks in restricted areas. 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 9 City Council Regular Meeting December 7, 2022 There being no further business to come before City Council, the regular meeting was adjourned at 7:54 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 10 AGENDA: June 7, 2023, City Council meeting ITEM: Special Presentation – A resolution recognizing Donald Z. Goldberg for his years of service to the City of Suffolk, Virginia A resolution will be presented to Donald Z. Goldberg in recognition of his years of service to the City of Suffolk. Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers AGENDA: June 7, 2023, Regular Session ITEM: Consent Agenda - An ordinance to accept and appropriate funds in support of the City of Suffolk Sheriffs Department Community Outreach Program The City has received funds in the amount of$7,950 in support ofthe Suffolk Sheriffs Department Community Outreach Program. The funding will be used to purchase supplies for the 2023 Suffolk Senior Services Expo. The funding has been received from the following businesses: TowneBank $7,500 Dominion Energy 300 Senior Advocate LLC --1.iQ $7.950 Adoption of the attached ordinance is necessary to accept and appropriate these funds to the appropriate line item in the Consolidated Grants Fund budget for Fiscal Year 2022-2023. BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the Consolidated Grants Fund budget by $7,950 for the above-noted purpose and does not require local match support. RECOMMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance Award Notifications AGENDA: June 7, 2023, Regular Session ITEM: Consent Agenda - An ordinance to accept and appropriate funds from the Virginia Department of Transportation FY 2023 Highway Safety Improvement Program for the Portsmouth Boulevard Sidewalk Phase III project Attached for City Council's consideration is an ordinance to acceptance and appropriate additional funds of $100,000 from the Virginia Department of Transportation FY 2023 Highway Safety Improvement Program (HSIP) for the completion of Phase III of the Portsmouth Boulevard Sidewalk Project. Adoption of the attached ordinance is necessary to accept and appropriate these funds to the appropriate line item in the FY -2022-2023 Capital Projects Fund budget. BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the FY 2022-2023 Capital Projects Fund budget by $100,000 for the above-noted purpose and does not require an additional local cash match. RECOMMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance Appendix A (UPC 111000) AGENDA: June 7, 2023, Regular Session ITEM: Consent Agenda - An ordinance to accept and appropriate funds from the Virginia Department of Transportation State of Good Repair Program for the Elwood Road over Kingsdale Swamp Bridge Replacement project Attached for City Council's consideration is an ordinance to accept and appropriate additional funds of $242,288 from the Virginia Department of Transportation State of Good Repair (SGR) for the Elwood Road over Kinsgdale Swamp Bridge Replacement project. Adoption of the �ttached ordinance is necessary to accept and appropriate these funds to the appropriate line item in the FY 2022-2023 Capital Projects Fund budget. BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the FY 2022-2023 Capital Projects Fund budget by $242,288 for the above-noted purpose and does not require an additional local cash match. RECOMMENDATION: Adopt the attached ordinance ATTACHMENTS: Ordinance Appendix A (UPC 113698) AGENDA: June 7, 2023, Regular Session ITEM: Consent Agenda-An ordinance to amend Chapter 38 of the Code of the City of Suffolk, Virginia by amending Section 38-34 and adding Section 38-34.1 concerning powers and duties of the Fire Marshal Attached for Council's consideration and approval is an ordinance which conforms Chapter 38 of the Code of the City of Suffolk with Chapter 3 of the Code of Virginia. RECOMMENDATION: Approve the attached ordinance ATTACHMENT: Ordinance Public Hearings AGENDA: June 7, 2023, Regular Session ITEM: Ordinance -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*l, Account Numbers 306004377, 306004378, 306004379, 306004380, and 306004381; RZN2022-004 (Conditional) As you may recall, City Council, at their meeting of February 15, 2023, voted 6-1 to table the reconsideration of conditional rezoning application, RZN2022-004, until June 7, 2023. Attached for your consideration is an ordinance proposing to amend the approved proffered conditions for the Bennett's Creek Quarter residential development. In particular, the applicant is requesting to amend proffer #3, which was most recently amended on June 1, 2022, in order to revise the phasing of Certificates of Occupancy (COs) for the development. As proposed, up to 56 new dwelling units would be allowed to be issued a CO in 2023, an additional 48 units could be issued a CO in 2024 (for a cumulative amount of 104 units), and an additional 82 could be issued a CO in 2025 (with a cumulative amount of 186 total units at the end of 2025). The remainder of the units shall be issued COs in 2026. When the construction of the Bridge Road and Shoulders Hill Road intersection improvement is completed, then the proffer is proposed to be eliminated. Please be advised that the applicant provided an outline attached to their proffer statement that was used as a guide to determine the desired number of COs per year. They have not proffered the outline; they are instead proffering the cumulative number of closings in each calendar year. The property was originally rezoned from RR, Rural Residential zoning district to RU, Residential Urban (Conditional) zoning district on March 21, 2018 (RZC2017-002). The subject property contained a total of approximately 105.37 acres, which, while not proffered, was proposed for a mix of residential uses, to include 85 single family detached dwellings, 142 single family attached dwellings, and 190 quadplexes and ten-plexes, which would result in 417 units total as proposed. Under the original zoning designation, the property would yield approximately 68 units on the 68.2 acres of developable area, as 37 acres of the site contained critical areas that were not suitable for development. The original zoning designation allowed for a density of one (I) dwelling unit per acre. The approved rezoning would allow for a density of up to 10.9 units per acre. The original rezoning request contained four (4) proffers pertaining to improvements recommended by the traffic impact analysis, a phasing schedule, and advancement of high school capacity and elementary school capacity. On May 16, 2018 (RZN2018-004), City Council approved the removal of Proffer #4, relating to the advancement of elementary school capacity. The elementary school attendance zones were modified by the School Board, resulting in surplus student capacity becoming available. On February 19, 2020 (RZN2020-001), City Council approved the addition of Proffer #2, relating to roadway access to the site. Specifically, this new proffer created an interim condition that would allow for access provided by an improved Laycock Lane from Shoulders Hill Road, to be constructed at 60 feet wide initially, as opposed to 90 feet as originally proposed in the Traffic AGENDA: June 7, 2023, Regular Session ITEM: Resolution - A resolution authorizing the City Manager to approve passive open space easements Cluster developments preserve passive open space with a conservation easement in compliance with the Virginia Conservation Easement Act and the Suffolk Unified Development Ordinance. The current process involves City Council action via ordinance on each passive open space easement, and is time ·consuming and cumbersome, especially for large multi-phased developments. For City Council's consideration, is a resolution authorizing the City Manager to accept passive open space administratively, moving forward. RECOMMENDATION: Approve the attached resolution ATTACHMENTS: Resolution AGENDA: June 7, 2023, Regular Session ITEM: Staff Report – 2045 Comprehensive Plan Update Planning and Community Development staff, and the City’s consultant, Planning Next, will provide City Council with an update on the 2045 Comprehensive Plan. A motion to schedule a City Council Work Session, for Wednesday, June 21, 2023, at 4:00 p.m., unless cancelled AGENDA: June 7, 2023, Regular Session ITEM: Motion – A motion to cancel the July 5, 2023, City Council Meeting RECOMMENDATION: Approve the motion Non-Agenda Speakers New Business Announcements and Comments