City Council Agendas

March 22, 2022 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, MARCH 22, 2022 – 7:00 P.M. MOMENT OF SILENCE Followed by the Pledge the Allegiance. RESOLUTION A Resolution approving the participation through electronic communications by Councilwoman Mamie B. Johnson in the Norfolk City Council meeting on March 22, 2022. ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander AWAY: Johnson and Riddick RESOLUTION A Resolution approving the participation through electronic communications by Councilman Paul R. Riddick in the Norfolk City Council meeting on March 22, 2022. ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander AWAY: Johnson and Riddick 1  March 22, 2022 ROLL CALL Attendee Name Title Status Courtney R. Doyle Councilmember - Ward 2 Present Mamie B. Johnson Councilmember - Ward 3 Remote Andria P. McClellan Councilmember - Superward 6 Present Paul R. Riddick Councilmember - Ward 4 Remote Danica J. Royster Councilmember - Superward 7 Present Thomas R. Smigiel Jr. Councilmember - Ward 5 Present Martin A. Thomas Jr. Vice Mayor Present Kenneth Cooper Alexander Mayor Present Richard A. Bull City Clerk Present Adam Melita Attorney Present Dr. Larry H. Filer II City Manager Present APPROVAL OF MINUTES Approve the minutes of the previous City Council meeting. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander CLOSED SESSION RESOLUTION A Resolution certifying a closed meeting of the council of the City of Norfolk in accordance with the provisions of the Virginia Freedom of Information Act. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander PUBLIC HEARINGS PH-1 Public Hearing scheduled this day, pursuant to State Law, to hear comments regarding changes to some Ward and Superward boundaries and composition resulting from the population data of the 2020 census. 2  March 22, 2022 Rodney Jordan, 304 36th Street, commented on the Ward and Superward boundaries. Alton Robinson, 5116 E. Princess Anne Road, commented that more information should be included for this public hearing. Vincent Hodges, 622 Raleigh Avenue, commented that more information should be included for this public hearing. ACTION: Closed the Public Hearing [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander PH-2 Public Hearing scheduled this day, pursuant to State Law, on the application of THE MONUMENT COMPANIES, for a) a rezoning from IN (Institutional) to MF- NS (Multi-Family – Neighborhood Scale) and HL (Historic Landmark) designation at 500 34th Street, 501 to 509 35th Street, 501 to 519 34th Street, and 500 to 508 Lamberts Point Road and b) Conditional Use Permit to allow more than 24 dwelling units on the same properties. The following spoke in favor of this matter: John Porter, 439 W. 30th Street Chris Johnson, Monument Companies, 1425 E. Cary Street, Richmond David Dallman, 4525 Main Street, Virginia Beach Rodney Jordan, 304 W. 36th Street Tom Mercer, 2034 Canning Place The following spoke in opposition to this matter: James Washington, 216 W. 33rd Street Beverly McDonald, 600 W. 35th Street Haneef Rashe’d, 1210 Colonial Avenue, Apt. 611 Dale White, 4700 Colley Avenue Alton Robinson, 5116 E. Princess Anne Road 3  March 22, 2022 Crystal Franks, 208 W. 37th Street Ronald Atkinson, 1005 Fitchett Street, Chesapeake Columbus Grant, 7652 Glen Eagles Road Latif Rashe’d 604 W. 35th Street Ishmael Saleem, 730 W. 35th Street Nathan Butler, 724 Arthur Avenue La Bel Saintfleur, 757 E. 28th Street Latisha McDaniel, 526 Connecticut Avenue Joseph McDaniel, 526 Connecticut Avenue Terrell Davis, 415 W. 30th Street Christopher Snyder, 1406 W. 27th Street Gregory Thomas, 602 W. 35th Street John Story, 4640 Robinhood Road Travell Staten, 1002 Galt Street Donald Belin, 310 W. 29th Street Dexter Parson, 521 W. 29th Street An Ordinance to Rezone Properties Located at 501 to 509 35th Street, 500 34th Street, 501 to 519 34th Street, and 500 to 508 Lamberts Point Road from IN (Institutional) District to MF-NS (Multi-Family - Neighborhood Scale) District and to Designate the Existing Building at 500 34th Street as a Norfolk Historic Landmark. - (Ordinance No. 48701) ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: Riddick 4  March 22, 2022 PH-2A An Ordinance Granting a Conditional Use Permit to Authorize Multi-Family Dwelling Units on Properties Located at 500 34th Street, 501 to 519 34th Street, 501 to 509 35th Street, and 500 to 508 Lamberts Point Road. - (Ordinance No. 48702) ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: Riddick PH-3 Public Hearing scheduled this day, pursuant to State Law on the application of the CITY PLANNING COMMISSION, for text amendments to the Norfolk Zoning Ordinance to create, define, and establish performance standards and parking requirements for a new use known as “Inn” and to allow the use either by right of by conditional use permit in the following zoning districts C-N, C-C, C-R, O, BC-O, BC-I, D-W, D-BC, D-MU, D-AD, D-FN, D-SP, HC-G1, HC-G2, HC-G3, HC- WF1, HC-WF2, HC-EF, IN-C, A, UV, TOD-C, G Lisa Murphy, 440 Monticello Avenue, Suite 2200, was present to answer questions in this matter. An Ordinance to Amend Section 4.2.3.F(10) and Various Tables of the Norfolk Zoning Ordinance SO AS TO Define and Create Performance Standards for a Use Called “Inn” and to Permit the Use by Right in all Commercial Districts, all Downtown Districts, and the IN-C, A, UV, TOD-C, and G-1 Special Purpose Districts and Only by Conditional Use Permit in the Historic Conservation Districts and the PD-MU East Beach District. - (Ordinance No. 48703) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 5  March 22, 2022 PH-4 Public Hearing scheduled this day, pursuant to State Law on the application of the CITY PLANNING COMMISSION, for a zoning text amendment to the Norfolk Zoning Ordinance to revise and remove inconsistent definitions and fix clerical errors. An Ordinance to Amend the Norfolk Zoning Ordinance SO AS TO Clarify Certain Processes for Nonconforming Structures and for Calculating Dimensional Standards, to Refine Use Permissions in Various Zoning Districts, to Correct Development Standards Related to Parking, Landscaping, and Accessory Dwelling Units, and to Make Other Corrections Necessary to Maintain Organization and Internal Consistency Within the Zoning Ordinance. - (Ordinance No. 48704) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander PH-5 Public Hearing scheduled this day pursuant to State Law, to hear comments on an Ordinance Approving the Transfer by the City of Norfolk to Hampton Roads Sanitation District of Property and Facilities Located at 3000 Birch Street and Authorizing the City Manager to Enter into an Appropriate Transfer Agreement. An Ordinance Approving the Transfer by the City of Norfolk to Hampton Roads Sanitation District of Property and Facilities Located at 3000 Birch Street and Authorizing the City Manager to Enter into an Appropriate Transfer Agreement. - (Ordinance No. 48705) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 6  March 22, 2022 PH-6 Public Hearing scheduled this day pursuant to State Law, to hear comments on an Ordinance Approving a Cost Sharing Agreement and a Transfer Agreement with Hampton Roads Sanitation District Related to the Wards Corner Area Wastewater Pump Station Number 27 Located at 101 and 107 North Shore Road; and Authorizing the Expenditure of the Sum of Up to $1,731,000.00 From Funds Heretofore Appropriated for Related Engineering Design and Construction Phase Service Costs. Vincent Hodges, 622 Raleigh Avenue, commented that citizens need advance notice of this information. Alton Robinson, 5116 E. Princess Anne Road, commented that the public needed more information on this matter. An Ordinance Approving a Cost Sharing Agreement and a Transfer Agreement with Hampton Roads Sanitation District Related to the Wards Corner Area Wastewater Pump Station Number 27 Located at 101 and 107 North Shore Road; and Authorizing the Expenditure of the Sum of Up to $1,731,000.00 From Funds Heretofore Appropriated for Related Engineering Design and Construction Phase Service Costs. - (Ordinance No. 48706) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander PH-7 Public Hearing scheduled this day pursuant to State Law, to hear comments on an Ordinance Authorizing the Acceptance and Dedication of Certain Private and City-Owned Property as Public Right-of-Way of Sutton Street. Vincent Hodges, 622 Raleigh Avenue, commented that the public needed more information on this matter. An Ordinance Authorizing the Acceptance and Dedication of Certain Private and City-Owned Property as Public Right-of-Way of Sutton Street. - (Ordinance No. 48707) 7  March 22, 2022 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. C-1 An Ordinance directing the City Treasurer to issue a refund to Medical Facilities of America XLI (41) Limited Partnership based upon the overpayment of its Business License Tax for the Tax Year 2021. - (Ordinance No. 48708) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander C-2 An Ordinance directing the City Treasurer to issue a refund to Emergency Medicine Associates, P.A., P.C. based upon the overpayment of its Business License Tax for the Tax Year 2021. - (Ordinance No. 48709) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander C-3 An Ordinance Approving Authorizing the City Manager to Enter into Right of Entry Agreements with Various Property Owners Regarding Property Located in the 200 Block of W. Ocean View Avenue, in Connection with a Bulkhead Reinforcement Project. - (Ordinance No. 48710) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 8  March 22, 2022 C-4 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9287 1st View Street. - (Ordinance No. 48711) Abbie Dean, 9287 First View Avenue, was present to answer questions in this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander C-5 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Restaurant Operating until Midnight with Live Entertainment Named “Boss Queens Soul Cafe” on Property Located at 5802 East Virginia Beach Boulevard. - (Ordinance No. 48712) Tenille Mornings, 5802 East Virginia Beach Boulevard, was present to answer questions in this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander C-6 An Ordinance Granting a Conditional Use Permit to Authorize a Large-Scale Drive- through Facility on Property located at 1170 North Military Highway for a Restaurant Named “Panda Express.” - (Ordinance No. 48713) Vincent Hodges, 622 Raleigh Avenue, spoke in opposition to this matter. Ray Flake, 7705 Spicer Farm Lane, Fairview, Tennessee, was present to answer questions in this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 9  March 22, 2022 C-7 An Ordinance Granting a Conditional Use Permit to Modify the Intensity and Dimensional Standards of the R-C (Residential - Coastal) Zoning District on Property Located at 1442 East Ocean View Avenue. - (Ordinance No. 48714) John Britton, 1442 E. Ocean View Avenue, was present to answer questions in this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander C-8 An Ordinance to Repeal one subsection of Section 25-654 regarding Stop Intersections and to Amend and Reordain Sections 25-654 and 656 of the Norfolk City Code, 1979, so as to add Nineteen Stop Intersections and Three Trucks of One and One-Half Tons or Over Prohibited on Certain Streets; Exceptions. - (Ordinance No. 48715) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander REGULAR AGENDA R-1 An Ordinance to Provide Car Tax Relief by Temporarily Suspending Certain Vehicle License Fees. - (Ordinance No. 48716) Vincent Hodges, 622 Raleigh Avenue and Alton Robinson, 5116 Princess Anne Road, commented that more public information was needed on this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 10  March 22, 2022 R-2 An Ordinance Accepting the Conveyance of an Easement to the City of Norfolk over a Portion of the Property Located at 198 Park Avenue and Authorizing the City Manager to Accept the Deed of Easement on Behalf of the City. - (Ordinance No. 48717) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-3 An Ordinance Authorizing the City of Norfolk to Acquire the Property Located at 1516 O'Keefe Street for the Sum of $10,500.00; Approving the Terms and Conditions of the Purchase and Sale Agreement; and Authorizing the Expenditure of a Sum of Up to $11,500.00 from Funds Heretofore Appropriated for Acquisition of the Property. - (Ordinance No. 48718) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-4 An Ordinance to Amend and Reordain Subsection (A) of Section 46.1-6 of the Norfolk City Code, 1979, SO AS TO Grandfather the Wells Maintained by Titan Virginia Ready- Mix, LLC and Capital Concrete, Inc. Which Were Placed into Operation Prior to 2003. - (Ordinance No. 48719) Howard Gordon, 999 Waterside Drive, Suite 1700, was present to answer questions in this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 11  March 22, 2022 R-5 An Ordinance to Amend and Reordain Section 25.1-75 of the Norfolk City Code, 1979, SO AS TO Cause the Rates for Short-Term Hourly Off-Street Parking to be Whole Dollar Amounts. - (Ordinance No. 48720) Alton Robinson, 5116 Princess Anne Road, commented that more public information was needed. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-6 An Ordinance to Amend and Reordain Section 1 Of the Capital Improvement Plan Budget for The Fiscal Year Beginning July 1, 2021 And Ending June 30, 2022 So As To Establish A New Capital Project And Provide Funding In An Amount Up To $1,200,000 For The Enhance Cruise Center Guest Experience Project. - (Ordinance No. 48721) Alton Robinson, 5116 E. Princess Anne Road, commented that more public information was needed on this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-7 A Resolution Appointing and Reappointing 49 Members to 5 Commissions, 6 Boards, and 1 Authority for Certain Terms - (Resolution No. 1858) Vincent Hodges, 622 Raleigh Avenue, spoke regarding appointments to Board and Commissions. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 12  March 22, 2022 NEW BUSINESS Lorraine Connaughton, 241 Granby Street, #60 commented that more cameras were needed on city owned parking garages and lots. Fred Asbell, 6501 Sorby Court, commented on city funding for non-profit organizations. Vincent Hodges, 622 Raleigh Avenue, spoke on the need for grocery stores in underserved communities. Geri Collins, 968 W. Ocean View Avenue, spoke regarding Councilman Riddick’s retirement after 30 years as a councilman. Claude Barnett, 332 Granby Street, 100, commented on the recent gun violence on Granby Street. Baxter Simmons, 500 Granby Street, spoke regarding the recent gun violence on Granby Street and the need for more safety precautions in that area. Charles Kirtland, 332 Granby Street, Suite 300, spoke about the recent gun violence on Granby Street. Lelia Vann, President, Downtown Norfolk Council, 219 Granby Street, commented on the need for more police presence on Granby Street. Gregory Reck, 219 Granby Street, spoke about the recent gun violence on Granby Street. Annie Collins, 7526 Merritt Street, commented that the Norfolk City Seal represented the “heart” of the city and it was time for a change. Matheau Hall, 400 Granby Street, spoke about the recent gun violence on Granby Street and that the City as a whole needed to come together to fix the problem. James Duck, 3142 N. Stonebridge Drive, commented on the recent gun violence on Granby Street. Katrina Freeman, 1032 London Boulevard, commented on the homeless issue on 19th Street. Rhoda Young, 1035 W. 25th Street, commented on the recent gun violence on Granby Street. John Miller, 386 Boush Street, spoke about the gun violence on Granby Street and asked for more police presence at night. 13  March 22, 2022 Matthew Crow, 801 Granby Street, spoke on the safety concerns for citizens on Granby Street because of the recent gun violence. Alton Robinson, 5116 E. Princess Anne Road, commented on the homicides that occur in Norfolk. Barrett Hicks, 1515 E. Indian River Road, spoke about community issues in the city. The following Norfolk Public Schools Representatives commented on the proposed school budget: Thomas Calhaun, Sahrah Yashaahla, Patricia Reuben, Rickita Robinson, Natalie Ferrara, Melissa Garman and Toni Johnson. Robert Brown, 8507 Troy Street, commented on the gun violence in the City. Michael Muhamad, 1216 Cury Court, spoke on community issues. ADJOURNMENT 14