City Council Agendas

April 11, 2023 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, APRIL 11, 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  April 11, 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 PUBLIC HEARING PH-1 Public Hearing scheduled this day, pursuant to State Law, to hear comments on an Ordinance Authorizing the Issuance and Sale by the City of Norfolk, Virginia, of up to $190,000,000 in General Obligation Bonds. An Ordinance Authorizing the Issuance and Sale by the City of Norfolk, Virginia, of up to $190,000,000 in General Obligation Bonds - (Ordinance No. 49132) Alton Robinson, 5016 E. Princess Anne Road, had questions relative to this matter. 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 the Sale of Alcoholic Beverages for On-Premises Consumption at a Restaurant Named “Bonchon Norfolk” on Property Located at 273 Granby Street. - (Ordinance No. 49133) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 2  April 11, 2023 C-2 An Ordinance Granting Conditional Use Permits to Authorize a Restaurant Operate with Extended Hours and the Sale of Alcoholic Beverages for Off-Premises Consumption at an Establishment Named “Kappo Nara Ramen” on Property Located at 2000 Colonial Avenue Suite 7. - (Ordinance No. 49134) Ting Ting Ye, the Applicant, 3692 Crofts Pride Drive, 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-3 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 “Brothers” on Property Located at 300 Monticello Avenue, Space 147. - (Ordinance No. 49135) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-4 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9660 Rallston Street. - (Ordinance No. 49136) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 3  April 11, 2023 C-5 An Ordinance Granting a Conditional Use Permit to Authorize a Large-Scale Drive- through Facility on Property located at 129 West Little Creek Road and 110 Burleigh Avenue for a Financial Institution Named “ABNB Federal Credit Union.” - (Ordinance No. 49137) Mark Ricketts, Project Engineer, 816 Greenbrier Circle, 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-6 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Boat Sales, Rental, Service, or Repair Facility named “Electrified Marina” on Property Located at 1525 and 1540 Bayville Street. - (Ordinance No. 49138) Erick Pinzon, the Applicant, 2060 Decathlon Drive, Virginia Beach, 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-7 An Ordinance Permitting Kurt G. Schroeder and Deborah L. Schroeder to Encroach 70 Square Feet into the Buffer of Lake Smith, in the City of Virginia Beach, at 5324 North Point Court, with a Wooden Deck. - (Ordinance No. 49139) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 4  April 11, 2023 C-8 An Ordinance Accepting the Conveyance of a Restrictive Use Utility Easement from the City of Suffolk and Authorizing the City Manager to Accept the Deed of Easement on Behalf of the City. - (Ordinance No. 49140) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-9 An Ordinance directing the City Treasurer to issue a refund to Insperity Support Services, L.P. based upon the overpayment of its Business License Tax for the Tax Year 2020. - (Ordinance No. 49141) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-10 A Resolution Providing Authorization for the Norfolk Redevelopment and Housing Authority to Issue Tax-Exempt Revenue Bonds for the Benefit of Standard Braywood Manor Venture LP - (Resolution No. 1887) Alton Robinson, 5016 E. Princess Anne Road, had questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-11 A Resolution Approving The City Of Norfolk's Participation In The Proposed Settlement Of Opioid-Related Claims Against Teva, Allergan, Walmart, Walgreens, CVS, and Their Related Corporate Entities, And Confirming The City Attorney's Execution Of The Documents Necessary To Effectuate The City's Participation In The Settlements. - (Resolution No. 1888) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 5  April 11, 2023 REGULAR AGENDA R-1 An Ordinance Accepting the Bid Submitted by Old Dominion University for a Lease with a Term of Ten (10) Years for the Premises Located at 13th View Street and Bayville Street in the City of Norfolk and Authorizing the City Manager to Execute the Lease on Behalf of the City. - (Ordinance No. 49142) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R-2 A Resolution Expressing Commitment to the Residents of the Berkley, Campostella, and Campostella Heights Communities of the City of Norfolk to Working with the United States Army Corps of Engineers to Obtain Approval by the Federal Government to Perform a Post Authorization Change Report to Pursue Design and Construction of Structural Flood Risk Reduction Measures for the Berkley, Campostella, and Campostella Heights Communities as Part of the Coastal Storm Risk Management Project. ACTION: Continued to April 25, 2023 [7 to 1] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Alexander NAYS: Martin A. Thomas Jr. An Ordinance Approving a Project Partnership Agreement by and Between the Department of the Army and the City of Norfolk for the City of Norfolk Coastal Storm Risk Management Project and Authorizing the City Manager to Enter into the Project Partnership Agreement. ACTION: Continued to April 25, 2023 [7 to 1] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Alexander NAYS: Thomas Jr. 6  April 11, 2023 R-3 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 $999,996 From the Virginia Department of Criminal Justice Services, Firearm Violence Intervention and Prevention Fund for The Purchase of Police Equipment to Outfit a Real Time Crime Center. - (Ordinance No. 49143) ACTION: Adopted [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 Re-Appropriate and Authorize the Expenditure of The Remaining Grant Funds in The Amount Of $321,919.53 Received from The National Fish and Wildlife Foundation Pursuant to Ordinance No., 47,630, and Previously-Appropriated Local Matching Funds In The Amount Of $1,211,180 For The Granby Park Living Shoreline And The Pleasant Point Living Shoreline Projects. ACTION: Continued Generally [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 $75,000 From the Cities for Financial Empowerment Fund, Inc. For The Development of a Municipal Financial Empowerment Blueprint with A Focus on Racial Wealth Equity. - (Ordinance No. 49144) Alton Robinson, 5016 E. Princess Anne Road, had questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 7  April 11, 2023 R-6 An Ordinance Authorizing the Issuance and Sale by the City of Norfolk, Virginia, of up to $250,000,000 in General Obligation Refunding Bonds to Refund Earlier Bond Issues - (Ordinance No. 49145) Alton Robinson, 5016 E. Princess Anne Road, had questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R-7 An Ordinance Approving a First Amendment to Purchase and Sale Agreement Between the City of Norfolk and Beacon Norfolk, LLC for that Certain Parcel of Real Property Located at 400 Granby Street in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the First Amendment to Purchase and Sale Agreement on Behalf of the City of Norfolk. - (Ordinance No. 49146) Alton Robinson, 5016 E. Princess Anne Road, had questions relative to this matter. ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: Paige R-8 A Resolution Appointing 3 Members to 1 Board, 1 Commission, and 1 Committee for Certain Terms. - (Resolution No. 1889) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 8  April 11, 2023 NEW BUSINESS Stacie Armistead, President of the Norfolk Branch of the NAACP, spoke regarding the hiring process for the new police chief and called for the removal of the city manager. Rev. Dr. Geoffrey Gunns, 2940 Corprew Avenue, stands with NAACP regarding the hiring process for the new police chief and called for the resignation of the city manager. Patricia Richardson, 3182 N. Stonebridge Drive, spoke regarding transparency for the selection of the new police chief. Susan Matusek, 8214 Andrew Lane, spoke regarding the removal of the city manager and the city attorney. Rhoda Young, 600 Church Street #1444, spoke regarding the selection process for the new police chief. Tiara Lassiter, 3045 Sewells Point Road, spoke regarding zoning ordinance, housing vouchers, and marginalized communities. Javon Bennett, 1342 Reservoir Avenue, spoke regarding fair housing in the redevelopment in Park Place. Sasha Simmons, 836 Wide Street, spoke regarding hope for the future of the City, financial education in schools, and community support. Latanya Snow, 35th Street, spoke regarding open dialogue, government transparency, and the selection process for the new police chief. Amina Matheny-Willard, 999 Waterside Drive, Suite 2525, stands with NAACP and the other speakers regarding the hiring process for the new police chief and called for the removal of the city manager. Jay Boone, President of HUSK and a Berkley Resident, spoke regarding the resignation of the city manager and spoke regarding the Council working with residents regarding solar panels. ADJOURNMENT 9