City Council Agendas

January 25, 2022 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, JANUARY 25, 2022 – 7:00 P.M. MOMENT OF SILENCE Followed by the Pledge the Allegiance. Attendee Name Title Status Courtney R. Doyle Councilmember - Ward 2 Present Mamie B. Johnson Councilmember - Ward 3 Present Andria P. McClellan Councilmember - Superward 6 Present Paul R. Riddick Councilmember - Ward 4 Present Danica J. Royster Councilmember - Superward 7 Present Thomas R. Smigiel Jr. Councilmember - Ward 5 Present Martin A. Thomas Jr. Vice Mayor - Ward 1 Present Kenneth Cooper Alexander Mayor Present APPROVAL OF MINUTES Approved the minutes of the previous City Council meeting. PUBLIC HEARINGS PH-1 Public Hearing scheduled this day, pursuant to State Law on the application of VIRGINIA SUPPORTIVE HOUSING, for a change of zoning for properties zoned I-L (Industrial – Light) and Conditional IN (Institutional) to Conditional IN (Institutional) at 2400, 2408 and 2425 Gosnold Avenue. • Elizabeth Nice, 6912 Shawnee Road, Richmond, spoke in support of this matter. • Janet Gooch, who lives in VA Supportive Housing, spoke in support of this matter. • Kimberly Williams, 2616 Bowden’s Ferry Road, spoke in support of this matter. • Shaniqua Faulk, 1600 S. Street, Portsmouth, VA, spoke in support of this matter. 1  January 25, 2022 An Ordinance to Rezone Properties Located at 2400, 2408 and 2425 Gosnold Avenue from I-L (Industrial-Light) and Conditional IN (Institutional) to Conditional IN (Institutional) District. - (Ordinance No. 48627) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander PH-2 Public Hearing scheduled this day pursuant to State Law to hear comments on an Ordinance Approving a Purchase and Development Agreement Between the City of Norfolk, as Seller, and TRG Community Development, LLC, as Purchaser, for that Certain Parcel of Real Property Located at 645 Church Street in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the Purchase and Development Agreement on Behalf of the City of Norfolk. An Ordinance Approving a Purchase and Development Agreement Between the City of Norfolk, as Seller, and TRG Community Development, LLC, as Purchaser, for that Certain Parcel of Real Property Located at 645 Church Street in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the Purchase and Development Agreement on Behalf of the City of Norfolk. - (Ordinance No. 48628) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED. IF DISCUSSION IS DESIRED ON ANY ITEM, IT WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 2  January 25, 2022 C-1 An Ordinance Granting The Muddy Paw Grooming and Retail Store, LLC Permission to Encroach into the Right-of-Way of 37th Street at 3700 Hampton Boulevard for the Purpose of an Outdoor Play Area in Conjunction with a Dog Boarding Service, and Approving the Terms and Conditions of the Encroachment Agreement. - (Ordinance No. 48629) C-2 An Ordinance Granting Richard Hughes and Linda Hughes Permission to Encroach into the Right-of-Way of Beach Avenue Adjacent to 308 E. 40th Street with a Pier and Approving the Terms and Conditions of the License Agreement. - (Ordinance No. 48630) C-3 An Ordinance Granting Erik J. Olson Permission to Encroach into the Right-of-Way of Henrico Street with a Portion of the Building Located at 3415 Chesapeake Boulevard, Including Brick and Concrete, on the Property. - (Ordinance No. 48631) C-4 An Ordinance Granting 500 Granby, LLC Permission to Encroach into the Rights-of- Way of Granby Street and Bute Street at 500 Granby Street for the Purpose of Outdoor Dining and Approving the Terms and Conditions of the Encroachment Agreement. - (Ordinance No. 48632) C-5 An Ordinance Granting Marlene Schofield Permission to Encroach into the Right-of- Way at 1408 Colley Avenue for the Purpose of Outdoor Dining and Approving the Terms and Conditions of the Encroachment Agreement. - (Ordinance No. 48633) C-6 An Ordinance to Amend and Reordain Sections 25-646 and 654 of the Norfolk City Code, 1979, so as to add One Speed Limit and Nineteen Stop Intersections. - (Ordinance No. 48634) C-7 Appointment Letter requesting the appointment of Denia L. Rauls to the position of Deputy City Clerk/Administrative Analyst 1, City Council Liaison effective January 17, 2022 to serve at the pleasure of the Clerk. 3  January 25, 2022 REGULAR AGENDA R-1 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of an Establishment with Live Entertainment Named “DJ Event Center” on Property Located at 2436 Ingleside Road, Unit 2432. - (Ordinance No. 48635) • Johnathan Coffey, 3156 Petre Road #101, Chesapeake VA, was available to answer any questions regarding this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-2 An Ordinance Amending Sections 45.1-1 and 45.1-2 of the Norfolk City Code, 1979, to Define “Source of Funds” and Include it as an Unlawful Discriminatory Housing Practice Under the City’s Fair Housing Ordinance, in a Manner Consistent with State Law. - (Ordinance No. 48636) • Monet Johnson, 3505 Argonne Avenue, spoke in support of this matter. • Barrett Hicks, 1515 E. Indian River Road, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-3 An Ordinance Supplementing and Amending Ordinance No. 48,542, regarding the Issuance of Wastewater System Revenue Bonds for Wastewater Improvements - (Ordinance No. 48637) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 4  January 25, 2022 R-4 An Ordinance Amending The FY2022 Annual Appropriations Ordinance (No. 48,379) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $900,000.00 From The Virginia Department Of Conservation And Recreation Community Flood Preparedness Fund, And Previously-Appropriated Local Matching Funds In The Amount of $100,000,00 For The Norfolk CSRM Coastal Analysis Project. - (Ordinance No. 48638) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-5 An Ordinance Amending the FY2022 Annual Appropriations Ordinance (No. 48,379) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $500,000.00 From The Virginia Department Of Conservation And Recreation Community Flood Preparedness Fund, And Previously-Appropriated Local Matching Funds In The Amount of $500,000.00 For The Lake Whitehurst Watershed Study Project. - (Ordinance No. 48639) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-6 An Ordinance Amending The FY 2022 Annual Appropriations Ordinance (No. 48,379) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $581,347 From the U.S. Department Of Justice Bureau Of Justice Assistance For The Second Chance Act Improving Correctional Education To Improve Correctional Education In The Norfolk City Jail, And Authorizing The Payment Of The Salary And Benefits For One Sheriff-Created Position, Excluding Said Employees From The City Personnel System, And Directing The City Manager To Take Administrative Action To Accomplish Said Payments. - (Ordinance No. 48640) • Barrett Hicks, 1515 E. Indian River Road, spoke in support of this matter and suggested integrating community training services into the program. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 5  January 25, 2022 R-7 An Ordinance Amending The FY2022 Annual Appropriations Ordinance (No. 48,379) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $16,841.00 From The Virginia Department Of Emergency Management To Support And Sustain The Norfolk CERT Program. - (Ordinance No. 48641) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-8 A Resolution in Support of Norfolk's Climate Action Plan by Committing to Enrolling in the Better Building Challenge and other related Initiatives resulting in improving the Energy Efficiency of City Owned Buildings by Twenty Percent (20%) from the 2019 Baseline by December 31, 2032. - (Resolution No. 1850) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-9 An Ordinance Amending The FY2022 Annual Appropriations Ordinance (No. 48,379) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $26,795.00 From The Library Of Virginia Through The American Rescue Plan Act To Provide Internet Hotspots, Accessible Wi-Fi, And Other Digital Inclusion Efforts. - (Ordinance No. 48642) • Barrett Hicks, 1515 E. Indian River Road, spoke in support of this matter and stated that there is a need for library services for the children of Berkley. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 6  January 25, 2022 R-10 The Third Ordinance Amending and Reordaining the Fiscal Year 2022 Compensation Plan Ordinance so as to add five new titles with salary and other status as indicated and remove the title Criminal Docket Specialist. - (Ordinance No. 48643) • Barrett Hicks, 1515 E. Indian River Road, inquired about the reasons for new positions. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-11 An Ordinance Amending The FY2022 Annual Appropriations Ordinance (No. 48,379) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $137,511.08 From Community Services Board Health Planning Region V For The Norfolk Community Services Board To Use The Fund For Employee Pay Differential, Sign On and/or Retention Bonuses. - (Ordinance No. 48644) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-12 An Ordinance Amending The FY 2022 Annual Appropriations Ordinance (No. 48,379) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $41,599 From The Virginia Department of Environmental Quality For the Keep Norfolk Beautiful Program From The Litter Prevention And Recycling Program Grant. - (Ordinance No. 48645) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 7  January 25, 2022 R-13 An Ordinance Amending The FY2022 Annual Appropriations Ordinance (No. 48,379) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $488,150 From The Virginia Department Of Behavioral Health And Developmental Services For The Substance Use Disorder Recovery Program. - (Ordinance No. 48646) • Barrett Hicks, 1515 E. Indian River Road, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-14 An Ordinance Amending The FY2022 Annual Appropriations Ordinance (No. 48,379) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $30,695.03 From Virginia Department Of Health Office Grant, And Previously- Appropriated Local Matching Funds In The Amount Of $30,695.03 For The Purchase Of Video Laryngoscopes For Norfolk Fire-Rescue. - (Ordinance No. 48647) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-15 An Ordinance Amending The FY2022 Annual Appropriations Ordinance (No. 48,379) So As To Accept, Appropriate And Authorize The Expenditure Of Additional Grant Funds Up To the Sum Of $1,072,820.00 From Virginia Department Of Transportation For The Chesapeake Boulevard And Cromwell Drive Intersection Improvements Project. - (Ordinance No. 48648) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 8  January 25, 2022 R-16 An Ordinance Amending The FY2022 Annual Appropriations Ordinance (No. 48,379) So AS To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum of $822,000.00 From The Virginia Department of Transportation Smart Scale Program For The Granby Street Bike Lane Program; And Authorizing The Agreement With The Virginia Department of Transportation For The Administration Of The Project By The City. - (Ordinance No. 48649) • Sam Boisseau, 888 Magazine Lane #4B, spoke in support of this matter. • Julian Facenda, 427 Massachusetts Avenue, spoke against this matter. • Seth Quick, 565 Westport Street, spoke in support of this matter. • Dave McDonald, 424 21st Street, spoke in support of this matter. • Robert Johnson, 6136 Lynhurst Avenue, spoke in support of this matter. • Travis Davidson, 1045 Lexan Crescent, spoke in support of this matter. • Richard Wambold, 1444 Moms Crescent, spoke in support of this matter. • Jeff Stark, 524 Pennsylvania Avenue, spoke in support of this matter. • Melissa Seek, 424 Maryland Avenue, spoke in support of this matter. • Jeni Zack, 133 Ghent Commons Court, spoke in support of this matter. • Mary Pitman, 6041 Newport Avenue, spoke in support of this matter. • Marcia Landman, 1310 Monterey Avenue, spoke in support of this matter. • Kindra Greene, 1813 Hunters Trail, spoke in support of this matter. • Ana Trigueros Merritt, 272 E. Bayview Boulevard, spoke in support of this matter. • Briana Welton Hillstrom, 240 Huntsman Road, spoke in support of this matter. • Ashley Anderson, 255 College Cross, spoke in support of this matter. • William Cabell, 3758 Brennan Avenue, spoke in support of this matter. • Liz Schleeper, 608 Summers Drive, spoke in support of this matter. • Susan Bak, 155 Dover Circle, spoke against this matter. • Eric Beaver, 7404 Rebel Road, spoke in support of this matter. • Michael C. Merritt, 272 E. Bayview Boulevard, spoke in support of this matter. • John Roth, 158 Fayton Avenue, spoke in support of this matter. • Douglas Ziegenfuss, 212 N. Blake Road, spoke in support of this matter. ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: Paul R. Riddick 9  January 25, 2022 R-17 An Ordinance To Amend And Reordain Section 1 Of The FY2022 Annual Appropriations Ordinance (No. 48,379), As Amended, So As To Reappropriate The Sum Of Up To $100,000,00 From The Department Of Cultural :Facilities, Arts And Entertainment To The Executive Department And Authorize The Expenditure For Consideration For Bringing The East Coast Hockey League's 2023 All-Star Game To Norfolk. - (Ordinance No. 48650) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-18 An Ordinance Approving a Facilities Use Agreement by and Between the City of Norfolk, as Owner, and PCE 811, LLC d/b/a Norfolk Admirals (Norfolk CI), as Licensee, for the Norfolk Admirals 2023 ECHL All-Star Game. - (Ordinance No. 48651) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-19 A Resolution Appointing 18 Members to the Norfolk Arts Commission for Certain Terms - (Resolution No. 1851) • Barrett Hicks, 1515 E. Indian River Road, spoke regarding the selection process of appointments and resigned from the Civics Facilities Commission. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 10  January 25, 2022 R-20 A Resolution Confirming a Declaration of a State of Local Emergency made by the Director of Emergency Management for the City of Norfolk, Virginia, pursuant to Virginia Code Section 44-146.21, due to the hazards and damages of the Winter Storm. - (Resolution No. 1852) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-21 Transmitted herewith from the General Registrar is an Abstract of Votes cast in the Special Election held on January 11, 2022, pursuant to Section 24.2-675 of the Code of Virginia. ACTION: Received and File [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander NEW BUSINESS Phillip Hawkins, Jr., 3547 Mississippi Avenue, spoke regarding Recreation Centers. Barrett Hicks, 1515 E. Indian River Road, spoke regarding in-person meetings for ARPA and community. Columbus Grant III, 7652 Glen Eagles Road, spoke regarding Newport Garden Apartments. Beverly McDonald, 217 W. 35th Street, spoke regarding Newport Garden Apartments. Vincent Hodges, 622 Raleigh Avenue, spoke regarding the Build Back Better program and the underserved populations in Norfolk, and boards and commissions. Monet Johnson, 3505 Argonne Avenue, spoke regarding ARPA Funds and the drop box program. Haneef Rashed, 1210 Colonial Avenue #611, spoke regarding the 35th Street Project. Latif Rashed, 604 35th Street, spoke regarding the 35th Street Project. Ismael Saleem, 730 W. 35th Street, spoke regarding the 35th Project and Newport Garden Apartments. Pastor Nathan Butler, 500 W. 34th Street, spoke regarding Newport Garden Apartments. Joseph P. George, 1447 Westover Avenue, spoke regarding retiree pay. Amina Methany-Willard, 999 Waterside Drive, spoke regarding ARPA Funding. ADJOURNMENT 11