City Council Agendas

March 14, 2023 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, MARCH 14, 2023 – 6:00 P.M. A CITIZEN WHO WISHES TO ADDRESS COUNCIL CONCERNING A DOCKET ITEM OR NEW BUSINESS MUST REGISTER TO SPEAK WITH THE CITY CLERK BY 3:00 PM THE DAY OF THE MEETING BY CALLING (757) 664-4253 OR EMAILING CCOUNCIL@NORFOLK.GOV. MOMENT OF SILENCE Followed by the Pledge of Allegiance. 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 John E. Paige 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 Bernard Pishko City Attorney Present Dr. Larry H. Filer II City Manager Present Richard A. Bull City Clerk Present APPROVAL OF MINUTES Approve the minutes of the previous City Council meeting. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 1  March 14, 2023 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, 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 a Large-Scale Drive- through Facility on Property located at 3607 North Military Highway for a Restaurant Named “Asian Fusion.” - (Ordinance No. 49102) Larry Barry, project engineer, 2100 Georgetown Boulevard, Chesapeake, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-2 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Restaurant with Extended Hours, the Sale of Alcoholic Beverages for On-Premises Consumption, and Live Entertainment Named “Underground” on Property Located at 2410 and 2412 Granby Street. - (Ordinance No. 49103) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 2  March 14, 2023 C-3 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Banquet Hall, Live Entertainment, and the Sale of Alcoholic Beverages for On Premises Consumption Named “Commune Norfolk” on Property Located at 759 Granby Street. - (Ordinance No. 49104) Willson Craigie, the applicant, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-4 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Banquet Hall, Live Entertainment, and the Sale of Alcoholic Beverages for On Premises Consumption Named “Event Junkie Venue” on Property Located at 3308 Croft Street. Terence and Shenell Latham, 1459 Rivers Edge Trace, Chesapeake, were present to answer any questions relative to this matter. ACTION: Lost [0 to 8] NAYS: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-5 An Ordinance Granting Conditional Use Permits to Authorize the Operation of an Automobile Sales Establishment, a Major Automobile Repair and Maintenance Facility, and an Automobile Rental Facility named “HM Enterprises” on Property Located at 3302 Croft Street. ACTION: Continued to March 28, 2023[Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 3  March 14, 2023 C-6 An Ordinance Granting Conditional Use Permits to Authorize the Sale of Alcoholic Beverages for Both On-Premises and Off-Premises Consumption at a Restaurant Named “Legrand” on Property Located at 4226 Granby Street. - (Ordinance No. 49105) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-7 An Ordinance Granting a Conditional Use Permit to Authorize Smoking Products at a Retail Store Named “Walmart” on Property Located at 7530 Tidewater Drive. - (Ordinance No. 49106) Paul D. Fraim, attorney for the applicant, 150 Boush Street, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-8 An Ordinance Granting a Conditional Use Permit to Authorize the Sale of Smoking Products at a Retail Store Named “Walmart” on Property Located at 1170 North Military Highway. - (Ordinance No. 49107) Paul D. Fraim, attorney for the applicant, 150 Boush Street, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 4  March 14, 2023 C-9 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Homestay) on Property Located at 3901 East Ocean View Avenue. - (Ordinance No. 49108) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-10 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 941 Hillside Avenue. - (Ordinance No. 49109) Yueshuo Hui, the applicant, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-11 A Resolution Requesting the Virginia Department of Transportation to Accept Certain Additional City Streets for Municipal Assistance Payments and to Remove Some Streets from the Eligible List Pursuant to Section 33.1-41.1 of the Code of Virginia, 1950, as Amended. - (Resolution No. 1885) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-12 An Ordinance Granting Robert W. Gardner and Carol M. Gardner Permission to Encroach into the Right-of-Way of Willoughby Bay Avenue at 555 W. Ocean View Avenue With an Existing Pier and Proposed Boatlift; and Approving the Terms and Conditions of the License Agreement. - (Ordinance No. 49110) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 5  March 14, 2023 C-13 An Ordinance Permitting Jim Izard and Patricia Izard to Encroach into the Right-of-Way at 6214 Sylvan Street with Two Brick Columns. - (Ordinance No. 49111) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-14 An Ordinance Accepting the Conveyance of a Permanent Easement Over Property Located at 6214 Sylvan Street by James J. Izard, II and Patricia T. Izard to the City of Norfolk; Authorizing the City Manager to Accept the Deed of Easement on Behalf of the City; and Authorizing the Expenditure of the Sum of Up to $35,000.00 From Funds Heretofore Appropriated for Acquisition of the Easement. - (Ordinance No. 49112) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-15 An Ordinance Accepting the Dedication of a Utility Easement by 225 West Olney LLC and Approving the Terms of the Deed of Easement - (Ordinance No. 49113) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-16 An Ordinance to Amend And Reordain Subsection (C) Section 2-48 Of The Norfolk City Code, 1979, As Amended, Concerning Holidays Falling On Weekends, SO AS TO Provide For When Christmas Eve Falls On A Saturday Or A Sunday. - (Ordinance No. 49114) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 6  March 14, 2023 REGULAR AGENDA R-1 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 $788,511 from the Virginia Department of Transportation, and to Appropriate and Authorize for Expenditure Local Matching Funds in the Amount of $945,000 for the Reconstruction of Westminster Avenue and a Portion of Kimball Terrace/East End Avenue. - (Ordinance No. 49115) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R-2 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 $394,256 from the Virginia Department of Transportation, and to Appropriate and Authorize the Expenditure of Local Matching Funds in the Amount of $500,000 for Phase 5 of the Addition of Curb Ramps for ADA Compliance Throughout the City. - (Ordinance No. 49116) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, 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 Up To The Sum Of $50,000 From The Revenue Of Program Fees And Donations To Support The Norfolk Sheriff Department's Project Lifesaver Program, If And When Available. - (Ordinance No. 49117) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 7  March 14, 2023 R-4 An Ordinance Authorizing an Amendment to the Purchase and Sale Agreement Between the City as Seller and Newport Manor, LLC as Buyer Columbus Grant, 7652 Glen Eagles Road, spoke in support of this matter. Reverend Nathan Butler, 200 W. 28th Street, spoke in support of this matter with revisions. ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Alexander NAYS: Martin A. Thomas Jr. NEW BUSINESS Reverend Bernard "Pee Wee" Thompson, 214 Hough Avenue, spoke regarding equity for Southside in Norfolk's resiliency project plan. Kim Sudderth, 121 Poplar Avenue, spoke regarding equity for Southside in Norfolk's resiliency project plan. Larry Sykles, 333 S. Main Street, spoke regarding equity for Southside in Norfolk's resiliency project plan. Sharon Hendrick, 1201 Midland Street, spoke regarding equity for Southside in Norfolk's resiliency project plan. Vincent Hodges, 622 Raleigh Avenue, spoke regarding equity for Southside in Norfolk's resiliency project plan. Lawrence Brown, 925 Waltham Street, spoke regarding equity for Southside in Norfolk's resiliency project plan. Tiarra Lassiter, 3045 Sewells Point Road, spoke regarding increased crime rates during the summer and emergency call towers in Young's Terrace and Calvert Square. Elise Peterson-McBeth, spoke regarding funding for Norfolk Public Schools. 8  March 14, 2023 Alton Robinson, 5116 E. Princess Anne Road, spoke regarding equity for Southside in Norfolk's resiliency project plan. Monet Johnson, 3505 Argonne Avenue, spoke regarding increased crime rates during the summer and emergency call towers in under-served communities. Scot Stratton, 436 Pennsylvania Avenue, spoke regarding water line replacement and flooding on his street. Lindsay Sims, 901 Colonial Avenue, spoke regarding license requirements for small businesses and special events permits. ADJOURNMENT 9