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City Council Agendas

Regular Meeting

Norfolk, NE · January 10, 2023

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Minutes

January 10, 2023 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, JANUARY 10, 2023 – 6:00 P.M. MOMENT OF SILENCE Followed by the Pledge of Allegiance. Attendee Name Title Status Arrived Courtney R. Doyle Councilmember - Ward 2 Present 5:15 PM Mamie B. Johnson Councilmember - Ward 3 Present 5:11 PM Andria P. McClellan Councilmember - Superward 6 Present 5:14 PM John E. Paige Councilmember - Ward 4 Present 5:07 PM Danica J. Royster Councilmember - Superward 7 Present Thomas R. Smigiel Jr. Councilmember - Ward 5 Present 5:21 PM Martin A. Thomas Jr. Vice Mayor Present 5:07 PM Kenneth Cooper Alexander Mayor Present 5:12 PM Bernard Pishko City Attorney Present 5:04 PM Richard A. Bull City Clerk Present 5:04 PM Dr. Larry H. Filer II City Manager Present 5:22 PM APPROVAL OF MINUTES Approve the minutes of the previous City Council meeting. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander AWAY: John E. Paige 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. 1 January 10, 2023 ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander CEREMONIAL MATTER The Mayor presentation the following Proclamation: WHEREAS, under the leadership of Head Coach Larry Perry and Coach Ricky Cox, the Virginia Bulls Youth Football team won their second national title with their 2022 United Youth Football Conference victory in the 10U division; and WHEREAS, sporting an outstanding record of 30-1, the Virginia Bulls defeated the Trent County Stallions in an impressive 20-7 win for the national title; and WHEREAS, despite obstacles faced throughout the season, the players joined forces to surpass last year’s performance and reestablished themselves among the nation’s most promising athletes; and WHEREAS, since earning their first national title in 2021, the Virginia Bulls have continued to display exceptional athletic ability, team effort, sportsmanship, and drive; and WHEREAS, this is momentous achievement for which every player, parent and supporter of the Virginia Bulls Youth Football team should be proud. NOW, THEREFORE, BE IT PROCLAIMED THAT I, KENNETH COOPER ALEXANDER, Mayor of the City of Norfolk, hereby extend warm congratulations to the Virginia Bulls Youth Football team, Head Coach Larry Perry, and Coach Ricky Cox on their national title win. PUBLIC HEARING PH-1 Public Hearing scheduled this day, pursuant to State Law, to hear comments on Approving a Second Amendment to Lease Agreement Between the City of Norfolk, as Landlord, and Downtown Norfolk Development Corporation d/b/a Downtown Norfolk Council, as Tenant, so as to Extend the Term of the Lease for the Property Located at 208 E. Main Street in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the Second Amendment to Lease Agreement on Behalf of the City of Norfolk. 2 January 10, 2023 An Ordinance Approving a Second Amendment to Lease Agreement Between the City of Norfolk, as Landlord, and Downtown Norfolk Development Corporation d/b/a Downtown Norfolk Council, as Tenant, so as to Extend the Term of the Lease for the Property Located at 208 E. Main Street in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the Second Amendment to Lease Agreement on Behalf of the City of Norfolk. - (Ordinance No. 49037) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, 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 Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 9545 5th Bay Street. - (Ordinance No. 49038) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-2 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 479 West Ocean View Avenue. - (Ordinance No. 49039) ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Alexander NAYS: Martin A. Thomas Jr. 3 January 10, 2023 C-3 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Conference Center with Extended Hours, the On-Premises Sale of Alcoholic Beverages, and Live Entertainment Named “Assembly” on Property Located at 400 Granby Street. - (Ordinance No. 49040) Careyann Weinberg of Selden Market was present in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-4 An Ordinance to Amend a Conditional Use Permit so as to Approve a Change of Managers for a Restaurant Operating after Midnight and the Sale of Alcoholic Beverages for Off-Premises Consumption Named “Hair of the Dog Eatery” on Property Located at 250 Granby Street. - (Ordinance No. 49041) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-5 An Ordinance Permitting James C. Rountree and Chelsey L. Rountree to Encroach into the Right-of-Way at 705 Westover Avenue with a Flush Mounted Outlet for an Electric Vehicle Charging Station. - (Ordinance No. 49042) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander REGULAR AGENDA R-1 An Ordinance Approving the City of Norfolk to Enter into an Agreement Bringing the Employees of the Norfolk Commonwealth Attorney Under the City's Personnel System for Purposes of Accruing, Accumulating, and Using Annual and Sick Leave, Pursuant to Virginia Code Section 15.2-1605. - (Ordinance No. 49043) 4 January 10, 2023 ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R-2 An Ordinance to Repeal Section 42-16 of the Norfolk City Code, 1979, As Amended, Regarding Begging. - (Ordinance No. 49044) Leslie Clarridge, 880 N. Military Highway, spoke in opposition to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R-3 An Ordinance to Amend the Norfolk City Council Rules of Procedure. ACTION: Continued [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, 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 Additional Federal Highway Safety Improvement Program Funds up to the sum of $217,933 for the Citywide Countdown Pedestrian Safety Improvements Phase II, If and When Received. - (Ordinance No. 49045) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 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 $1,328,722 from the Virginia Department of Criminal Justice Services for the Norfolk Criminal Justice Services Agency. - (Ordinance No. 49046) 5 January 10, 2023 ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, 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 $2,900,000 from the U.S. Department of Housing and Urban Development (HUD) for Economic Development Initiative - Community Project Funding to Provide for the Acquisition and Relocation of the Historic William A. Hunton YMCA. - (Ordinance No. 49047) Carl Poole, 1049 W. 49th Street, spoke in opposition to this matter. Alton Robinson, 5116 E. Princess Anne Road, spoke in opposition to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 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 $190,000 State and Local Fiscal Recovery Funds (SLFRF) From The Virginia Department of Behavioral Health and Developmental Services to Support Norfolk Community Services Board in its Efforts to Modernize Information Technology Infrastructure With Regard to Data and Business Analytics. - (Ordinance No. 49048) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R-8 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 $750,000 from the Virginia Department of Criminal Justice Services, ARPA Funding for Law Enforcement Equipment and Technology, for the Purchase of Police 6 January 10, 2023 Equipment. - (Ordinance No. 49049) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R-9 An Ordinance Authorizing the Transfer of 154 Certificates of Public Convenience and Necessity. - (Ordinance No. 49050) Judy Swystun was present to answer any questions relative to this matter. Bill George was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R-10 An Ordinance Declaring the Continuation of the State of Local Emergency due to the Imminent Public Health Threat COVID-19 pursuant to Virginia Code Section 44-146.21. - (Ordinance No. 49051) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander NEW BUSINESS Alphonso Albert, 1017 Godfrey Avenue, commended Norfolk's first responders and spoke regarding his positive experience during a recent family tragedy. Vincent Hodges, 622 Raleigh Avenue, spoke regarding improved resident engagement and participation government. Carl Poole, 1049 W. 49th Street, spoke regarding NRHA, public safety measures, and improvement to resident services in public housing. 7 January 10, 2023 Monet Johnson, 3505 Argonne Avenue, spoke regarding St. Paul's area redevelopment. Bree Bowser, 1027 Atlantis Drive, spoke regarding a new idea in business. Leslie Clarridge, 880 N. Military Highway, spoke regarding streamlining the PICC grant application process and technical issues. Dr. Jennifer Goff, 520 Maycox Avenue, spoke regarding streamlining the PICC grant application process and technical issues. Jennifer Gruber, 402 Pembroke Avenue, spoke regarding crime and increased resident involvement in the City of Norfolk. Javon Bennett, 1342 Reservoir Avenue, spoke regarding NRHA, public safety measures, improvement to resident services in public housing, and the stadium proposal. ADJOURNMENT 8

Agenda

CITY COUNCIL AGENDA Tuesday, January 10, 2023 4:30 CITY COUNCIL WORK SESSION – CITY HALL-10TH FLOOR CONFERENCE ROOM I. AGENDA OVERVIEW Dr. Larry H. Filer II, City Manager II. J&A RACING – HARBOR LIGHTS RACE WEEKEND RECAP Trista Pope, Deputy City Manager Jerry and Amy Frostick, J&A Racing III. COMMUNITY SURVEY RESULTS – ETC INSTITUTE Catheryn Whitesell, Deputy City Manager Jason Morado, Vice President of Community Research and Esther Campbell, Project Manager, ETC Institute IV. CITY PLANNING UPDATE Paula Shea, Assistant Director of Planning V. CLOSED SESSION: • CONTRACT MATTER Supporting Documents: • Announcement of Meeting • Minutes from City Council Meeting of January 3rd • Pending Land Use Report • Minutes from City Council Meeting of December 13th January 10, 2023 NORFOLK, VIRGINIA DOCKET FOR THE COUNCIL TUESDAY, JANUARY 10, 2023 – 6:00 P.M. MOMENT OF SILENCE Followed by the Pledge of Allegiance. APPROVAL OF MINUTES Approve the minutes of the previous City Council meeting. PUBLIC HEARING PH-1 Public Hearing scheduled this day, pursuant to State Law, to hear comments on Approving a Second Amendment to Lease Agreement Between the City of Norfolk, as Landlord, and Downtown Norfolk Development Corporation d/b/a Downtown Norfolk Council, as Tenant, SO AS TO Extend the Term of the Lease for the Property Located at 208 E. Main Street in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the Second Amendment to Lease Agreement on Behalf of the City of Norfolk. An Ordinance Approving a Second Amendment to Lease Agreement Between the City of Norfolk, as Landlord, and Downtown Norfolk Development Corporation d/b/a Downtown Norfolk Council, as Tenant, SO AS TO Extend the Term of the Lease for the Property Located at 208 E. Main Street in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the Second Amendment to Lease Agreement on Behalf of the City of Norfolk. 1 January 10, 2023 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 Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 9545 5th Bay Street. C-2 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 479 West Ocean View Avenue. C-3 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Conference Center with Extended Hours, the On-Premises Sale of Alcoholic Beverages, and Live Entertainment Named “Assembly” on Property Located at 400 Granby Street. C-4 An Ordinance to Amend a Conditional Use Permit SO AS TO Approve a Change of Managers for a Restaurant Operating after Midnight and the Sale of Alcoholic Beverages for Off-Premises Consumption Named “Hair of the Dog Eatery” on Property Located at 250 Granby Street. C-5 An Ordinance Permitting James C. Rountree and Chelsey L. Rountree to Encroach into the Right-of-Way at 705 Westover Avenue with a flush mounted outlet for an Electric Vehicle Charging Station. REGULAR AGENDA R-1 An Ordinance Approving the City of Norfolk to Enter into an Agreement bringing the Employees of the Norfolk Commonwealth Attorney under the City's Personnel System for Purposes of Accruing, Accumulating, and using Annual and Sick Leave, pursuant to Virginia Code Section 15.2-1605. R-2 An Ordinance to Repeal Section 42-16 of the Norfolk City Code, 1979, As Amended, Regarding Begging. 2 January 10, 2023 R-3 An Ordinance to Amend the Norfolk City Council Rules of Procedure. R-4 An Ordinance Amending the FY2023 Annual Appropriations Ordinance (No. 48,751) SO AS TO Accept, Appropriate and Authorize the Expenditure of Additional Federal Highway Safety Improvement Program Funds up to the sum of $217,933 for the Citywide Countdown Pedestrian Safety Improvements Phase II, if and when received. 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 $1,328,722 from the Virginia Department of Criminal Justice Services for the Norfolk Criminal Justice Services Agency. 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 $2,900,000 from the U.S. Department of Housing and Urban Development (HUD) for Economic Development Initiative - Community Project Funding to Provide for the Acquisition and Relocation of the Historic William A. Hunton YMCA. 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 $190,000 State and Local Fiscal Recovery Funds (SLFRF) From the Virginia Department of Behavioral Health and Developmental Services to Support Norfolk Community Services Board in its Efforts to Modernize Information Technology Infrastructure with Regard to Data and Business Analytics. R-8 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 $750,000 from the Virginia Department of Criminal Justice Services, ARPA Funding for Law Enforcement Equipment and Technology, for the Purchase of Police Equipment. R-9 An Ordinance Authorizing the Transfer of 154 Certificates of Public Convenience and Necessity. 3 January 10, 2023 R-10 An Ordinance Declaring the Continuation of the State of Local Emergency due to the Imminent Public Health Threat COVID-19 pursuant to Virginia Code Section 44-146.21. ADJOURNMENT 4

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