City Council Agendas

September 13, 2022 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 13, 2022 – 7:00 P.M. MOMENT OF SILENCE Followed by the Pledge of Allegiance. CITY COUNCIL ROLL CALL 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 Present Kenneth Cooper Alexander Mayor Present CITY PLANNING COMMISSION ROLL CALL Attendee Name Title Status Earl P. Fraley Jr. Commissioner Present Ramona M. Austin Commissioner Present A. Kathryn Shelton Commissioner Present Scott E. Bateman Commissioner Present Jeremy McGee Commissioner Present Kim Y. Sudderth Vice Chair Present Kevin R. Murphy Chair 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 1  September 13, 2022 PUBLIC HEARINGS PH-1 Joint Public Hearing with the City Planning Commission and the Norfolk City Council scheduled this day, pursuant to State Law, to hear comments to Amend Sections 4.2.3.F, 4.3.3.E, and 8.3.2 of the Norfolk Zoning Ordinance SO AS TO modify definitions and performance standards for the uses of, Banquet Hall, Nightclub, and Restaurant and for the accessory use of Live Entertainment, and to revise definitions for the terms “Disc Jockey (DJ)” and “Entertainment”. Upon application by the City Planning Commission the Motion is to recommend that the City Council approve an Ordinance to Amend Section 4.2.3.F of the Norfolk Zoning Ordinance so as to modify definitions and performance standards for the uses of Banquet Hall, Nightclub, and Restaurant. ACTION: Adopted as Amended [5 to 2] AYES: Fraley, Austin, Shelton, McGee, Murphy NAYS: Bateman and Sudderth An Ordinance to Amend Section 4.2.3.F of the Norfolk Zoning Ordinance so as to modify definitions and performance standards for the uses of Banquet Hall, Nightclub, and Restaurant. - (Ordinance No. 48897) The following persons spoke relative to this matter: Terreon Conyers, 762 Denison Court Kyle Siebels, 512 Kenosha Avenue Alton Robinson, 5116 Princess Anne Road Charles Bedford, 8649 Chesapeake Boulevard Alfred Ragas, Jr., 436 Granby Street Bee Real, 532 W. 35th Street Keja Reel, 538 W. 35th Street Phillip Harper, 6355 Whittier Drive Virginia O'Hara, 1538 Morris Avenue Robert A. Vasquez, 97 Wynston Court, Newport News Erik Kopack, 218 W. 28th Street John Sires, 7320 Glenroie Avenue Unit 11H Shaniqua Stallings, 366 S. Military Highway Tony Camarillo, 8545 O'Conner Crescent 2  September 13, 2022 Jacob McCoy, 918 W. Princess Anne Road Apartment C6 Charles Burnell, 406 Ridgeley Road Jalil Howe, 500 Elm Grove Court, Virginia Beach Kenneth E. Bullock, 200 E. Plume Street Kym Tiongson, 321 E. Main Street Michael Copeland, 321 E. Main Street Alexander Fella, 902 Colonial Avenue Careyann Weinberg, 406 Ridgeley Road Tenille Morings, 5802 E. Virginia Beach Boulevard Sean Williams, 1884 River Rock Arch, Virginia Beach Brandon Whippo, 1464 Bayhead Drive, Virginia Beach Jelisa Osouna, 563 Colony Road, Newport News Kausezea Hunt, 2513 Masi Street Barrett Hicks, 4853 Kennabeck Avenue Jameson Dungan, 437 Maryland Avenue Derrick Isabell, 888 Magazine Lane, Unit 3L Raeesah Islam, 2373 Haversham Close, Virginia Beach Gabriel Niles, 1206 Rable Court Charles Kirtland, 332 Granby Street Paul Stetson Rice, 1032 Redgate Avenue Natalia Ramos, 1516 Three Gait Trail, Virginia Beach Liam Rowell, 1032 Redgate Avenue Sonjia Whitfield, 1301 W. Little Creek Road Holly J. Gregg, 1021 Redgate Avenue Michael Cox, 925 Brandon Avenue Jay Boone, Berkley resident Steven Johnson, 1615 Norview Avenue Matthew Hall, 400 Granby Street Charles Brown II, 705 Nottaway River Court, Chesapeake ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: Riddick 3  September 13, 2022 PH-2 Public Hearing scheduled this day, pursuant to State Law, to hear comments on the revocation of a Conditional Use Permit previously granted on August 24, 2021, by Ordinance No. 48,461 Granting a Conditional Use Permit to authorize the Operation of a Nightclub Named “Legacy Lounge” on property located at 216 East Plume Street, for failure to adhere to the conditions contained in the Permit. Mayor Alexander read the following statement into the record: This public hearing is to determine whether a conditional use permit should be revoked. Pursuant to Ordinance No. 38,746, the procedure for this hearing will be as follows. The City Attorney will present oral argument why the conditional use permit should be terminated. The entire presentation shall last no longer than 15 minutes. Next, the holder of the conditional use permit will present oral argument on his or her case. The entire presentation shall last no longer than 20 minutes. The City Attorney shall have 5 minutes for rebuttal. No oral testimony shall be taken. Following rebuttal and any discussion or questions by Councilmembers, a vote will be taken as whether the conditional use permit should be revoked. City Attorney Katherine Taylor presented oral argument as to why the conditional use permit should be terminated. Jeremy C. Mason, Attorney for the Applicant, 999 Waterside Drive, Suite 2525, presented oral arguments on behalf of the applicant and addressed the concerns cited by Ms. Taylor. Ms. Taylor offered a rebuttal to Mr. Mason's oral arguments. An Ordinance Revoking a Conditional Use Permit previously Granted to Legacy on August 24, 2021 by Ordinance No. 48,461, authorizing the Operation of a Nightclub on Property Located at 216 East Plume Street. - (Ordinance No. 48898) ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: Riddick 4  September 13, 2022 PH-3 Public Hearing scheduled this day, pursuant to State Law, to hear comments on an Ordinance Approving a Lease Agreement with Foodbank of Southeastern Virginia, Inc, for the Lease of City-owned property located at 961 Park Avenue. An Ordinance Approving a Lease Agreement with Foodbank of Southeastern Virginia, Inc. for the Lease of City-Owned Property Located at 961 Park Avenue. - (Ordinance No. 48899) Alton Robinson, 5116 Princess Anne Road, spoke in opposition to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander PH-4 Public Hearing scheduled this day, pursuant to State Law, to hear comments on an Ordinance Approving a Lease Agreement with Old Dominion University for the Lease of the parking lot located at the intersection of Hampton Boulevard and 50th Street. An Ordinance Approving a Lease Agreement with Old Dominion University for the Lease of the Parking Lot Located at the Intersection of Hampton Boulevard and 50th Street. - (Ordinance No. 48900) Alton Robinson, 5116 Princess Anne Road, spoke in opposition to this matter. 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 concerning the Crown Castle Bid received for the grant of a non-exclusive franchise to use and occupy the City’s streets and public rights-of-way for the purpose of constructing, installing and maintaining wireless communications facilities and infrastructure. 5  September 13, 2022 An Ordinance Accepting The Bid Submitted By Crown Castle Fiber LLC For A Long-Term Wireless Facilities Franchise Agreement, With A Term Of Five Years In The City's Right- of-Way. - (Ordinance No. 48901) The Applicant, Bob Ritter, 2000 Corporate Drive, was available to answer any questions relative to this matter. 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 to Amend Conditional Use Permits so as to Approve a Change of Managers for a Banquet Hall Operating After Midnight with Live Entertainment Named “Glass Light Hotel and Gallery” on Property Located at 201 Granby Street. - (Ordinance No. 48902) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander C-2 An Ordinance to Amend a Zoning Approval so as to Approve a Change of Managers for an Existing Restaurant, including the Sale of Alcoholic Beverage for Off-Premises Consumption, Named “Brick Anchor Brew-House” on Property Located at 241 Granby Street. - (Ordinance No. 48903) ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: Riddick 6  September 13, 2022 C-3 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a Veterinary Hospital or Clinic Named “Ghent Veterinary Hospital” on Property Located at 3415 Granby Street. - (Ordinance No. 48904) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander C-4 An Ordinance to Repeal one subsection of Section 25-653 and to Amend and Reordain Sections 25-654 and 25-656 of the Norfolk City Code, 1979, SO AS TO Remove One Yield Intersection, Add Ten New Stop Intersections, and Add Two Streets Where Trucks Over One and a One-Half Tons are Prohibited. - (Ordinance No. 48905) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander C-5 An Ordinance Granting Tacos Y Tequila Ghent LLC Permission to Encroach into the Right-of-Way at 1421 Colley Avenue for the Purpose of Outdoor Dining and Approving the Terms and Conditions of the Encroachment Agreement. - (Ordinance No. 48906) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander C-6 An Ordinance Permitting 3755 VA Beach Blvd, LLC to Encroach into the Right-of-Way at 3755 E. Virginia Beach Boulevard With a Concrete Sidewalk. - (Ordinance No. 48907) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 7  September 13, 2022 C-7 An Ordinance Permitting East Beach Home Neighborhood Association to Encroach in the Right-of-Way of East Beach Drive at the Intersections of 23rd Bay Street and 24th Bay Street with Vertical Parking Stops; Nansemond Bay Street at the Intersection of East Bay Street with Standard Parking Lines; and the Alley North of Pleasant Avenue from 23rd to 27th Bay Streets with Speed Bumps. - (Ordinance No. 48908) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander C-8 An Ordinance Amending And Reordaining Section 16-5 Of The Norfolk City Code, 1979, Concerning The Acceptance Of Gifts And Donations To the City Of Norfolk Or Its Subdivisions. - (Ordinance No. 48909) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander C-9 An Ordinance Approving a General Right of Entry Permitting Chesapeake Bay Foundation to Go Upon and Use City-Owned Property During Small Water Quality Improvement Projects. - (Ordinance No. 48910) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander REGULAR AGENDA R-1 An Ordinance placing an Honorary Street Sign entitled Nancy Lieberman Pass at 43rd Street between Hampton Boulevard and Monarch Way. - (Ordinance No. 48911) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 8  September 13, 2022 R-2 An Ordinance to Schedule a Council Retreat on Friday, October 7, 2022, and Saturday, October 8, 2022, and to Move the Location from the Council Chambers of the City Hall Building to the Virginia Zoo. - (Ordinance No. 48912) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-3 An Ordinance Amending The FY2023 Annual Appropriations Ordinance (No. 48,751) So As To Accept, Appropriate And Authorize The Expenditure Of Funds Received As A Result Of Minimal Donations From Library Patrons And Citizens, If and When Received, Up To The Sum Of $50,000.00 For General Library Operational Expenses. - (Ordinance No. 48913) Barrett Hicks, 4853 Kennabeck Avenue, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-4 An Ordinance Amending The FY2023 Annual Appropriations Ordinance (No. 48,751) So As To Accept, Appropriate And Authorize The Expenditure Of Donated Funds Up To The Sum Of $3,000.00 From Friends Of The Norfolk Public Library For The 2022 Free Book/Summer Food Program. - (Ordinance No. 48914) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 9  September 13, 2022 R-5 An Ordinance Amending The FY2023 Annual Appropriations Ordinance (No. 48,751) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $198,269.00 From The Federal, State And Local Fiscal Recovery Fund From Virginia Department of Behavioral Health And Developmental Services For Norfolk Community Services Board To Implement The STEP-VA Care Coordination Services. - (Ordinance No. 48915) Barrett Hicks, 4853 Kennabeck Avenue, spoke in support of this matter. Alton Robinson, 5116 Princess Anne Road, spoke in opposition to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-6 An Ordinance Amending The FY2023 Annual Appropriations Ordinance (No. 48,751) So As To Accept, Appropriate and Authorize The Expenditure Of Grant Funds Up To The Sum Of $54,750.00 From The Federal, State And Local Fiscal Recovery Fund From Virginia Department Of Behavioral Health And Developmental Services For Norfolk Community Services Board To Implement The STEP-VA Psychiatric Rehabilitation Services. - (Ordinance No. 48916) Barrett Hicks, 4853 Kennabeck Avenue, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 10  September 13, 2022 R-7 An Ordinance Amending The FY2023 Annual Appropriations Ordinance (No. 48,751) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $79,462.00 From The Federal, State And Local Fiscal Recovery Fund From Virginia Department Of Behavioral Health And Developmental Services For Norfolk Community Services Board To Implement The STEP-VA Case Management Services. - (Ordinance No. 48917) Barrett Hicks, 4853 Kennabeck Avenue, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-8 An Ordinance Amending The FY2022 Annual Appropriations Ordinance (No. 48,379) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds In Amounts Up To $5,000.00 From Virginia Department Of Behavioral Health And Development Services For Norfolk Community Services Board To Provide Problem Gambling Prevention Services If And When Received. - (Ordinance No. 48918) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-9 An Ordinance Amending The FY2023 Annual Appropriations Ordinance (No. 48,751) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $80,000.00 From Virginia Department Of Behavioral Health And Developmental Services Virginia State General Fund IT Infrastructure Grant To Support Norfolk Community Services Board In Its Efforts To Modernize Information Technology Infrastructure With Regard To Data And Business Analytics. - (Ordinance No. 48919) Barrett Hicks, 4853 Kennabeck Avenue, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 11  September 13, 2022 R-10 An Ordinance Amending The FY2023 Annual Appropriations Ordinance (No. 48,751) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $75,000.00 From Virginia Department of Behavioral Health And Developmental Services Through Health Planing Region V For Norfolk Community Services Board's Initiative Assistance Program. - (Ordinance No. 48920) Barrett Hicks, 4853 Kennabeck Avenue, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-11 An Ordinance Amending The FY2023 Annual Appropriations Ordinance (No. 48,751) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $36,006.00 From Virginia Department Of Behavioral Health And Developmental Services Through Health Planning Region V For Norfolk Community Services Board To Provide Forensic Discharge Planning Services. - (Ordinance No. 48921) Barrett Hicks, 4853 Kennabeck Avenue, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-12 An Ordinance Amending The FY2023 Annual Appropriations Ordinance (No. 48,751) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $147,234.00 From Virginia Department Of Behavioral Health And Developmental Services For Norfolk Community Services Board Infant And Toddler Connection Program To Provide Early Intervention Services. - (Ordinance No. 48922) Barrett Hicks, 4853 Kennabeck Avenue, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 12  September 13, 2022 R-13 An Ordinance to Amend and Reordain Chapter 26 of the Norfolk City Code, 1979, regarding Noise. - (Ordinance No. 48923) Gregory Reck, 219 Granby Street, spoke in support of this matter. Brian Donegan, 519 Carlisle Way, spoke in opposition to this matter. Barrett Hicks, 4853 Kennabeck Avenue, spoke in opposition to this matter. Alton Robinson, 5116 Princess Anne Road, spoke in opposition to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-14 An Ordinance to Amend and Reordain Sections 24-233 Through 24-236 of the Code of the City of Norfolk, Virginia, 1979, so as to Incorporate State Law Changes Providing for the Collection of the Tax on a Transient Obtaining Lodging that is Facilitated by a Lodging Intermediary. - (Ordinance No. 48924) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-15 An Ordinance Approving a First Amendment to Lease Agreement by and Between the City of Norfolk, as Landlord, and Waterside Marina, LLC, as Tenant, for the Lease of Waterside Marina in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the First Amendment to Lease Agreement on Behalf of the City of Norfolk. - (Ordinance No. 48925) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 13  September 13, 2022 R-16 An Ordinance Amending THE FY2023 Annual Appropriations Ordinance (No. 48,751) So As To Accept, Appropriate And Authorize The Expenditure Of Funds Up To The Sum Of $68,000.00 From The United States Capitol Police To Allow The Sheriff To Pay Certain Deputy Sheriffs As Independent Contractors For Providing Security Support To A U.S. Congresswoman Residing In The City of Norfolk. - (Ordinance No. 48926) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-17 An Ordinance to Amend and Reordain Section 34.1-37 of the Norfolk City Code, 1979, so as to allow Taxicab Companies to add Owner-Operator Vehicles to Fleets. - (Ordinance No. 48927) Barrett Hicks, 4853 Kennabeck Avenue, requested additional information relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander R-18 An Ordinance Approving a Stadium Lease Agreement By and Between the City of Norfolk and Tides Baseball Club, LP for the Lease of Certain Portions of that Certain Ballpark Stadium and Improvements Known as Harbor Park Located at 150 Park Avenue in the City of Norfolk, Virginia, for the Operation of a Class AAA Baseball Team of the Professional Development League System, and Authorizing the City Manager to Execute the Stadium Lease Agreement on Behalf of the City of Norfolk. ACTION: Continued Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Riddick, Royster, Smigiel Jr., Thomas Jr., Alexander 14  September 13, 2022 NEW BUSINESS Alton Robinson, 5116 Princess Anne Road, spoke regarding murder in the City of Norfolk. Jennifer Goff, 520 Maycox Avenue, spoke regarding the relocation of Military Circle Mall businesses. Lelia Vann, 219 Granby Street, spoke in support of various safety initiatives by the City of Norfolk. Brandon Randleman, 1006 Truman Road, Suffolk, spoke regarding the establishment of the Citizen Review Board. Laniqua Taylor, 880 N. Military Highway, spoke regarding the relocation of Military Circle Mall businesses. Vincent Hodges, 622 Raleigh Avenue, spoke regarding the Rent Ready program and NRHA property maintenance and resident safety. Steven Johnson, 23 Reservoir Avenue, spoke regarding the relocation of Military Mall businesses. ADJOURNMENT 15