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City Council Agendas

Regular Meeting

Norfolk, NE · May 23, 2023

AgendaMinutes

Minutes

May 23, 2023 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, MAY 23, 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 Absent 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 MOTION TO EXCUSE COUNCILWOMAN ROYSTER Motion to excuse Councilwoman Danica J. Royster from the May, 23, 2023 Norfolk City Council Meeting. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander 1 May 23, 2023 APPROVAL OF MINUTES Approve the minutes of the previous City Council meeting. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander ABSENT: Royster 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, Smigiel Jr., Thomas Jr., Alexander ABSENT: Royster CEREMONIAL The Mayor introduced Cynthia Calhoun, President of the Norfolk Alumnae Chapter of Delta Sigma Theta Sorority, who spoke regarding May Week 2023 and Delta Days. PUBLIC HEARING PH-1 Public Hearing scheduled this day pursuant to State Law, to hear comments on the application of DAVID AND LESLIE CLARK AND HELEN CHESSON, to close, vacate and discontinue a portion of Harper Street and Authorizing the Conveyance to the abutting property owners of any interest the City has in the said portion of Harper Street. 2 May 23, 2023 An Ordinance Closing, Vacating and Discontinuing a Portion of Harper Street and Authorizing the Conveyance to the Abutting Property Owners of Any Interest the City Has in the Said Portion of Harper Street. - (Ordinance No. 49191) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander ABSENT: Royster 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 Declaring the End 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. 49192) Monet Johnson, 3505 Argonne Avenue, spoke regarding declaring a state of public emergency for community and public safety issues in St. Paul's Area. Tiara Lassiter, 3045 Sewells Point Road, spoke regarding declaring a state of public emergency for public safety issues in at-risk communities. Elise Peterson-McMath, 1300 Diamond Springs Road, spoke regarding declaring a state of public emergency for the housing crisis. Carl Poole, 1049 W. 49th Street, spoke regarding declaring a state of public emergency for coal dust pollution in Lambert's Point. ACTION: Adopted [6 to 1] AYES: Doyle, Johnson, McClellan, Smigiel Jr., Thomas Jr., Alexander NAYS: Paige ABSENT: Royster 3 May 23, 2023 C-2 An Ordinance Closing Certain City-Owned Docks to Public Use During the Norfolk Harborfest 2023 Celebration. - (Ordinance No. 49193) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander ABSENT: Royster C-3 An Ordinance Establishing Certain Public Areas and Streets of the City of Norfolk as the "Festival Area" and Setting Forth the Regulations Applicable to Such Festival Area for the Norfolk Harborfest 2023 Celebration. - (Ordinance No. 49194) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander ABSENT: Royster C-4 An Ordinance to Amend a Conditional Use Permit so as to Approve a Change of Managers for a Restaurant Operating with the Sale of Alcoholic Beverages for Both On-Premises and Off-Premises Consumption Named “Taco y Tequila” on Property Located at 1421 Colley Avenue. - (Ordinance No. 49195) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander ABSENT: Royster C-5 An Ordinance Approving a Right of Entry by and Among the City of Norfolk, Foodbank of Southeastern Virginia, and Queen Street Baptist Church, LLC for use of the Surface Parking Lot Located at 698 Saint Paul's Boulevard for a Food Distribution Site and Authorizing the City Manager to Execute the Right of Entry on Behalf of the City of Norfolk. - (Ordinance No. 49196) Monet Johnson, 3505 Argonne Avenue, spoke in favor of the mobile food pantry and expressed concerns about reliable food availability in the St. Paul's Area. 4 May 23, 2023 Tiara Lassiter, 3045 Sewells Point Road, spoke in favor of the mobile food pantry and expressed concerns about reliable food availability in marginalized communities. Elise Peterson-McMath, 1300 Diamond Springs Road, spoke in favor of the mobile food pantry and suggested improved communications with the public schools. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander ABSENT: Royster REGULAR AGENDA R-1 An Ordinance Accepting the Bid Submitted by 161 Granby Tenant LLC for a Long-Term Garage Parking Agreement with a Term of Ten (10) Years, with the Option to Extend the Term for up to One (1) Additional Period of Ten (10) Years, for the Lease of up to Sixty-Three (63) Parking Spaces in the Boush Street Garage Located at 112 W. City Hall Avenue in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the Garage Parking Agreement on Behalf of the City. - (Ordinance No. 49197) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander ABSENT: Royster R-2 An Ordinance Authorizing the Acquisition of a Certain Parcel of Property Located at 1000 Holt Street in Relation to the St. Paul's Revitalization Project For the Sum of $1,200,00.00 and Authorizing the Expenditure of a Sum of Up to $1,220,000.00 From Funds Heretofore Appropriated for Acquisition of the Property and All Related Transactional Costs. ACTION: Continued Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander ABSENT: Royster 5 May 23, 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 $394,000 From Port Host Communities Revitalization Fund Grant And Previously-Appropriated Local Matching Funds In The Amount Of $900,000 For Upgrades To Existing Municipal Boat Launch Facilities To Allow For Maritime Autonomous Systems Testing. - (Ordinance No. 49198) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander ABSENT: Royster R-4 An Ordinance Amending The FY2023 Annual Appropriations Ordinance (No. 48,751) So As To Accept, Appropriate And Authorize The Expenditure Of Additional Grant Funds Up To The Sum Of $31,676.24 From The Virginia Department Of Conservation And Recreation, Which Original Grant Funds Were Appropriated And Authorized For Expenditure In The FY2020 Annual Appropriations Ordinance No. 47,636, Section 14(tt), And Additional Previously-Appropriated Local Matching Funds In The Amount Of $973.76 For The Design And Construction Of A Trailhead At The East End Of The Elizabeth River At Park Avenue And Claiborne Avenue Project. - (Ordinance No. 49199) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander ABSENT: Royster R-5 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 $512,000 From The U.S. Department Of Justice And The U.S. Department Of The Treasury's Federal Equitable Sharing Program For Uses Permitted Under The Program Guidelines. - (Ordinance No. 49200) Alton Robinson, 5116 E. Princess Anne Road, spoke in support of this item and had additional questions. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander ABSENT: Royster 6 May 23, 2023 R-6 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 $817,000 From The Virginia Department Of Criminal Justice Services Forfeited Asset Sharing Program For Uses Permitted Under The Program Guidelines. - (Ordinance No. 49201) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander ABSENT: Royster R-7 The Fifth Ordinance Amending and Reordaining the Fiscal Year 2023 Compensation Plan Ordinance and its incorporated Attachments so as to Amend Section 13 of the Ordinance, to Increase the City’s Supplementation of the Daily Compensation of Various Officers under the Director of Elections, Amend the Attachment’s Appendix 1 to add Supplements available to certain Program Managers and Supervisors in the Department of Human Services, and Amend the Attachment’s Alpha Classification Listing Table to add a new Classification Specification with Paygrade, Increase by Belgrade the Paygrade attached to an existing Classification Specification, and make technical changes to the Job Codes attached to several existing Classification Specifications. - (Ordinance No. 49202) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander ABSENT: Royster NEW BUSINESS Charlette Covington, Social Action Chair of the Norfolk Alumnae Chapter of Delta Sigma Theta Sorority, spoke regarding the various social initiatives of this organization. Tiara Lassiter, 3045 Sewell's Point Road, spoke regarding cameras in public housing. Monet Johnson, 3505 Argonne Avenue, spoke regarding cameras in public housing. Elaina Dariah, 1720 Gowrie Avenue, spoke regarding renaming Barraud Park. 7 May 23, 2023 Shavon Smith, President of Lindenwood/Cottage Heights/Barraud Park Civic League, spoke regarding renaming Barraud Park. Steven Ray with Vista, 999 Waterside Drive, spoke regarding repurposing old structures to address the housing crisis. Deshawn Parker, 3134 Azalea Garden Road, spoke regarding Izzy's Corner 2nd Annual Community Day to commemorate losing his son to a tractor-trailer accident, and the difficulties he is experiencing obtaining permits from the City of Norfolk. Elise Petersen-McMath, spoke regarding the Norfolk Public Schools budget. Carl Poole, 1049 W. 49th Street, spoke regarding the Norfolk Public Schools budget. ADJOURNMENT 8

Agenda

CITY COUNCIL AGENDA Tuesday, May 23, 2023 3:30 CITY COUNCIL WORK SESSION – CITY HALL-10TH FLOOR CONFERENCE ROOM I. AGENDA OVERVIEW Dr. Larry H. Filer II, City Manager II. PUBLIC SAFETY BRIEFING AND FIRST QUARTER UPDATE Mark E. Talbot, Chief of Police III. BUDGET DISCUSSION – FINAL RECONCILIATION Norfolk City Council IV. CLOSED SESSION: • REAL ESTATE MATTERS Supporting Documents: • Announcement of Meeting • 5-23-2023 Minutes from City Council Retreat of April 21st • 5-23-2023 Pending Land Use Report • 5-23-2023 Minutes from City Council Meeting of May 9th May 23, 2023 NORFOLK, VIRGINIA DOCKET FOR THE COUNCIL TUESDAY, MAY 23, 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. 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, on the application of DAVID AND LESLIE CLARK AND HELEN CHESSON, to close, vacate and discontinue a portion of Harper Street and Authorizing the Conveyance to the abutting property owners of any interest the City has in said portion of Harper Street. An Ordinance closing, vacating, and discontinuing a portion of Harper Street and Authorizing the Conveyance to the Abutting property owners of any interest the City has in the said portion of Harper Street. 1 May 23, 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 Declaring the End of the State of Local Emergency due to the Imminent Public Health Threat COVID-19 pursuant to Virginia Code Section 44- 146.21. C-2 An Ordinance Closing Certain City-Owned Docks to Public Use During the Norfolk Harborfest 2023 Celebration. C-3 An Ordinance Establishing Certain Public Areas and Streets of the City of Norfolk as the "Festival Area" and Setting Forth the Regulations Applicable to Such Festival Area for the Norfolk Harborfest 2023 Celebration. C-4 An Ordinance to Amend a Conditional Use Permit SO AS TO Approve a Change of Managers for a Restaurant Operating with the Sale of Alcoholic Beverages for Both On-Premises and Off-Premises Consumption Named “Taco y Tequila” on Property Located at 1421 Colley Avenue. C-5 An Ordinance Approving a Right of Entry by and Among the City of Norfolk, Foodbank of Southeastern Virginia, and Queen Street Baptist Church, LLC for use of the Surface Parking Lot Located at 698 Saint Paul's Boulevard for a Food Distribution Site and Authorizing the City Manager to Execute the Right of Entry on Behalf of the City of Norfolk. REGULAR AGENDA R-1 An Ordinance Accepting the Bid Submitted by 161 Granby Tenant LLC for a Long- Term Garage Parking Agreement with a Term of Ten (10) Years, with the Option to Extend the Term for up to One (1) Additional Period of Ten (10) Years, for the Lease of up to Sixty-Three (63) Parking Spaces in the Boush Street Garage Located at 112 W. City Hall Avenue in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the Garage Parking Agreement on Behalf of the City. 2 May 23, 2023 R-2 An Ordinance Authorizing the Acquisition of a Certain Parcel of Property Located at 1000 Holt Street in Relation to the St. Paul's Revitalization Project for the Sum of $1,200,00.00 and Authorizing the Expenditure of a Sum of up to $1,220,000.00 From Funds Heretofore Appropriated for Acquisition of the Property and All Related Transactional Costs. 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 $394,000 From Port Host Communities Revitalization Fund Grant and Previously-Appropriated Local Matching Funds In The Amount Of $900,000 for Upgrades To Existing Municipal Boat Launch Facilities to Allow for Maritime Autonomous Systems Testing. R-4 An Ordinance Amending the FY2023 Annual Appropriations Ordinance (No. 48,751) SO AS TO Accept, Appropriate And Authorize The Expenditure Of Additional Grant Funds up To The Sum Of $31,676.24 From The Virginia Department Of Conservation And Recreation, Which Original Grant Funds Were Appropriated And Authorized For Expenditure In The FY2020 Annual Appropriations Ordinance No. 47,636, Section 14(tt), and Additional Previously- Appropriated Local Matching Funds in the amount of $973.76 for the Design and Construction of a Trailhead at the East End of the Elizabeth River at Park Avenue and Claiborne Avenue Project. R-5 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 $512,000 from the U.S. Department of Justice and The U.S. Department of The Treasury's Federal Equitable Sharing Program for Uses Permitted Under the Program Guidelines. R-6 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 $817,000 from the Virginia Department of Criminal Justice Services Forfeited Asset Sharing Program for Uses Permitted Under the Program Guidelines. 3 May 23, 2023 R-7 The Fifth Ordinance Amending and Reordaining the Fiscal Year 2023 Compensation Plan Ordinance and its incorporated Attachments SO AS TO Amend Section 13 of the Ordinance, to Increase the City’s Supplementation of the Daily Compensation of Various Officers under the Director of Elections, Amend the Attachment’s Appendix 1 to add Supplements available to certain Program Managers and Supervisors in the Department of Human Services, and Amend the Attachment’s Alpha Classification Listing Table to add a new Classification Specification with Paygrade, Increase by Belgrade the Paygrade attached to an existing Classification Specification, and make technical changes to the Job Codes attached to several existing Classification Specifications. ADJOURNMENT 4

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