City Council Agendas
Regular MeetingNorfolk, NE · August 29, 2023
Minutes
August 29, 2023
NORFOLK, VIRGINIA
ACTION OF THE COUNCIL
CITY COUNCIL MEETING
TUESDAY, AUGUST 29, 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.
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
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
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August 29, 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
INVITATION FOR BID
IB-1 Invitation for Bids scheduled this day pursuant to State law, public notice having
been inserted in the local press by the City Clerk to accept bids for a
nonexclusive telecommunications franchise agreement, with a term of five years
in the City’s right of way, subject to certain terms and conditions.
An Ordinance Accepting the Bid Submitted By __________________ for a Long-Term
Wireless Facilities Franchise Agreement, with a Term of Five Years in the City's Rights-
of-Way.
ACTION: Continued [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
PUBLIC HEARINGS
PH-1 Public Hearing scheduled this day, pursuant to State Law, to hear comments
Approving a Lease Agreement with the Virginia Opera Association, Inc. for the
Lease of a Portion of the Office Space Located Within Harrison Opera House at
160 W. Virginia Beach Boulevard.
An Ordinance Approving a Lease Agreement with the Virginia Opera Association, Inc.
for the Lease of a Portion of the Office Space Located Within the Civic Arena Building
Adjacent to the Harrison Opera House at 160 W. Virginia Beach Boulevard.
ACTION: Continued Generally [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
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August 29, 2023
PH-2 Public Hearing scheduled this day, pursuant to State Law, to hear comments
Approving a Lease Agreement with the Virginia Opera Association, Inc. for the
Lease of the Harrison Opera House Performance Hall Located at 160 W. Virginia
Beach Boulevard.
An Ordinance Approving a Lease Agreement with the Virginia Opera Association, Inc.
for the Lease of the Harrison Opera House Performance Hall Located at 160 W.
Virginia Beach Boulevard.
ACTION: Continued Generally [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
PH-3 Public Hearing scheduled this day, pursuant to State Law, to hear comments
approving the Terms and Conditions of a Lease with the Norfolk Senior Center
t/a Primeplus, for Certain Premises Located at the Norfolk Fitness & Wellness
Center at 7300 Newport Avenue and Authorizing the Execution of the Lease
Agreement.
An Ordinance Approving the Terms and Conditions of a Lease with the Norfolk Senior
Center t/a Primeplus, for Certain Premises Located at the Norfolk Fitness & Wellness
Center at 7300 Newport Avenue and Authorizing the Execution of the Lease
Agreement. - (Ordinance No. 49272)
Alton Robinson, 5116 E. Princess Anne Road, spoke in support of this matter and
requested additional funding for other service organizations as well.
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
PH-4 Public Hearing scheduled this day, pursuant to State Law, to hear comments to
Amend Section 14.1-123, Ingleside Precinct, SO AS TO Change the Location of
the Voting Place of the Precinct from Ingleside Recreation Center to Ingleside
Community Gymnasium.
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August 29, 2023
An Ordinance to Amend Section 14.1-123, Ingleside Precinct, so as to Change the
Location of the Voting Place of the Precinct from Ingleside Recreation Center to
Ingleside Community Gymnasium - (Ordinance No. 49273)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
PH-5 Public Hearing scheduled this day, pursuant to State Law, to hear comments
authorizing the Conveyance of a Pedestrian Access Easement to the City of
Suffolk and Authorizing the City Manager to Enter into the Deed of Easement on
Behalf of the City.
An Ordinance Authorizing the Conveyance of a Pedestrian Access Easement to the City
of Suffolk and Authorizing the City Manager to Enter into the Deed of Easement on
Behalf of the City. - (Ordinance No. 49274)
The applicant, Mark Furlo, 125 Tucker 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
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 Conditional Use Permits to Authorize the Operation of a Retail
Goods Establishment with More than 50,000 Square Feet of Floor Area and to Permit
Alternative Signage on Property Located at 201 and 217 East Little Creek Road.
ACTION: Continued [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
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August 29, 2023
C-2 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a
Commercial Recreation Center Operated by “Benevolent Order of OVDSC, Lodge 001”
on Property Located at 9615 Granby Street. - (Ordinance No. 49275)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
C-3 An Ordinance Granting Conditional a Use Permit to Authorize the Sale of Alcoholic
Beverages for On-Premises Consumption at a Restaurant Named “Hangry’s” on
Property Located at 3824 East Little Creek Road. - (Ordinance No. 49276)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
C-4 An Ordinance Granting Conditional a Use Permit to Authorize the Sale of Alcoholic
Beverages for On-Premises Consumption at a Restaurant Named “Ordinaire” on
Property Located at 200 East Plume Street. - (Ordinance No. 49277)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
C-5 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of an
Automobile Tow Lot named “Greenway Towing” on Property Located at 1185
Harmony Road. - (Ordinance No. 49278)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
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August 29, 2023
C-6 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a
Restaurant with Extended Hours and the Sale of Alcoholic Beverages for On-Premises
Consumption Named “Slurp Daiquiri Bar” on Property Located at 6109 East Virginia
Beach Boulevard. - (Ordinance No. 49279)
The attorney for the applicant, Sullivan Callahan, 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 Granting a Conditional Use Permit to Authorize the Operation of a
Commercial Recreation Center Named “Mission Laser” on Property Located at 5671
Raby Road. - (Ordinance No. 49280)
The applicant, Robert Welsh, 5671 Raby Road, 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 Conditional Use Permits to Authorize the Sale of Alcoholic
Beverages for Both On-Premises and Off-Premises Consumption, Live Entertainment,
and the Operation of a Restaurant with Extended Hours Named “The Bird” on
Property Located at 4314 Colley Avenue, Unit A. - (Ordinance No. 49281)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
6
August 29, 2023
C-9 Letter confirming appointment of Karla J. Soloria as an Assistant City Attorney III
- LD, effective September 25, 2023, in Plan I, Grade 21 of the Law Plan of the
City's Compensation Plan, to serve at the pleasure of the City Attorney.
ACTION: Approved [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas
Jr., Alexander
C-10 An Ordinance directing the City Treasurer to issue a refund to Tesla Motors, Inc. upon
the overpayment of its Business License Tax for the Tax Year 2023. - (Ordinance No.
49282)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
C-11 An Ordinance Approving a Right of Entry Agreement Between the City of Norfolk and
H.O.P.E. Foundation Inc. for Use of City-Owned Property Located at 901 Church Street
for a Public Event on September 2, 2023 Entitled "The Power of Praise and Prayer",
and Authorizing the City Manager to Execute the Right of Entry on Behalf of the City. -
(Ordinance No. 49283)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
C-12 An Ordinance Approving a Right of Entry Between the City of Norfolk, as Grantor, and
the Chrysler Museum of Art, Incorporated, as Grantee, for Property Located at 358
Mowbray Arch, 720 and 740 Botetourt Street in the City of Norfolk, Virginia and
Authorizing the City Manager to Execute the Right of Entry on Behalf of the City of
Norfolk. - (Ordinance No. 49284)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
7
August 29, 2023
C-13 An Ordinance Granting 2800 Colley LLC Permission to Encroach into the Right-of-Way
at 2706 Through 2722 Colley Avenue with Canopies and Awnings. - (Ordinance No.
49285)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
C-14 An Ordinance Permitting Takira M. Floyd to Encroach into the Right of Way of Pike
Street and Roseclair Street with a Structure, a Fence and a Driveway. - (Ordinance No.
49286)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
C-15 An Ordinance Accepting a Deed of Vacation from Hampton Roads Sanitation District,
Vacating and Releasing a Utility Easement Twenty Feet in Width Crossing a Portion of
That Certain Parcel of Real Property Located at 698 Saint Paul's Boulevard in the City
of Norfolk, Virginia, and Authorizing the City Manager to Execute the Deed of Vacation
on Behalf of the City of Norfolk. - (Ordinance No. 49287)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
C-16 An Ordinance Accepting the Conveyance of a Utility Easement Over Property Located
at 1019 W. 41st Street by the Visitors of Old Dominion University to the City of Norfolk
and Authorizing the City Manager to Accept the Deed of Easement on Behalf of the
City. - (Ordinance No. 49288)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
8
August 29, 2023
C-17 Letter appointing Shontavious Lovett to the position of Assistant City Auditor, II,
effective 28, 2023 in Plan 1, Grady 14 of the General Compensation Plan, to
serve at the pleasure of the City Auditor.
ACTION: Approved [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas
Jr., Alexander
REGULAR AGENDA
R-1 An Ordinance Approving an Offer to Purchase Real Estate and Acceptance by and
Between the United States of America, as Seller, and the City of Norfolk, as Purchaser,
for that Certain Parcel of Real Property Located at 538 Front Street in the City of
Norfolk, Virginia; Authorizing the City Manager to Accept a Special Warranty Deed on
Behalf of the City of Norfolk; and Authorizing the Expenditure of a Sum of up to
$4,575,000.00 From Funds Heretofore Appropriated for Acquisition of the Property
and all Related Transactional Costs. - (Ordinance No. 49289)
Alton Robinson, 5116 E. Princess Anne Road, spoke in opposition to this matter.
ACTION: Adopted [7 to 1]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Thomas Jr., Alexander
NAYS: Thomas R. Smigiel Jr.
R-2 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units
(Vacation Rental) on Property Located at 9553 21st Bay Street. - (Ordinance No.
49290)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
9
August 29, 2023
R-3 A Resolution in Support of the City's Application for the Allocation of $10,500,000.00
for Fiscal Years 2025 and 2026 from the Virginia Department of Transportation
("VDOT") Transportation Alternatives Set-Aside Program for the Following Projects:
Ocean View Avenue Bicycle Improvements from 1st View Street to Capeview Street,
Pedestrian Improvements at Bolling Avenue from Jamestown Crescent to
Westmoreland Avenue, East Seaview Avenue Sidewalk from Norfolk Avenue to Granby
Street and Heutte Drive Sidewalk from Camellia Road to Flowerfield Road -
(Resolution No. 1900)
Alton Robinson, 5116 E. Princess Anne Road, had questions regarding this matter and
requested additional funding for other service organizations as well.
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
R-4 An Ordinance Accepting, Appropriating and Authorizing the Expenditure of Grant
Funds in the Sum of $50,000.00 from the Commonwealth's Opportunity Fund
Awarded to the City through the Virginia Economic Development Partnership
Authority; Approving the Performance Agreement by and Among the City of Norfolk,
Princo LLC, Virginia Economic Development Partnership Authority, and the Economic
Development Authority of the City of Norfolk, Virginia, Setting Forth the Terms and
Conditions of the Payout and use of the Grant Funds, and Authorizing the City
Manager to Execute the Performance Agreement on Behalf of the City of Norfolk. -
(Ordinance No. 49291)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
10
August 29, 2023
R-5 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental
Unit (Vacation Rental) on Property Located at 4046 East Ocean View. - (Ordinance No.
49292)
The applicant’s real estate agent, Sierra Alderman, 4046 E. Ocean View Avenue, 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-6 An Ordinance Authorizing a Subrecipient Agreement with the Virginia Department of
Environmental Quality for the Septic to Sewer Connection Program Under the Septic
Local Partner Program and Authorizing the Expenditure of a Sum up to $360,000 from
the American Rescue Plan Act ("ARPA") Grant Funds - (Ordinance No. 49293)
Alton Robinson, 5116 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 Amending the FY2024 Annual Appropriations Ordinance (No. 49,220) so
as to Accept, Appropriate and Authorize the Expenditure of Grant Funds from the
Virginia Department of Behavioral Health and Developmental Services to the Norfolk
Community Services Board, up to the Following Amounts: $200,000 to Provide
Emergency Services; $3,101,761 to Provide Permanent Supportive Housing; $270,000
to Implement Mental Health System Transformation Excellence and Performance in
Virginia (STEP-VA) IT Infrastructure; $95,500 to Implement STEP-VA Psychiatric
Rehabilitation; and $101,962 to Implement STEP-VA Case Management. - (Ordinance
No. 49294)
Nichole McGill, 223 E. City Hall Avenue, spoke in support of this matter and requested
additional oversight.
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
11
August 29, 2023
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 $142,209.39 from the Hampton-Newport News Community Services Board
Health Planning Region V for the Norfolk Community Services Board to Use for
Employee Pay Differential, Sign On and/or Retention Bonuses. - (Ordinance No.
49295)
Nichole McGill, 223 E. City Hall Avenue, spoke in opposition to this matter.
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, 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 $520,681 from Virginia Department of Behavioral Health and Developmental
Services to Support Norfolk Community Services Board's Permanent Supportive
Housing Program's Expansion, Unmet Program Needs, Staffing Recruitment and
Retention Initiatives. - (Ordinance No. 49296)
Nichole McGill, 223 E. City Hall Avenue, spoke in opposition to this matter.
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
R-10 An Ordinance Amending The FY2024 Annual Appropriations Ordinance (No. 49,220) So
As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The
Sum Of $12,500 From The City Of Newport News And Coastal VA STEM Hub's Learning
Ecosystem For Norfolk's Department Of Parks And Recreation To Provide STEM
Education And Supplies In After-School Programs - (Ordinance No. 49297)
Alton Robinson, 5116 E. Princess Anne Road, spoke in support of this matter.
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
12
August 29, 2023
R-11 An Ordinance To Amend And Reordain Sections 25-656 And 25-657 Of The Norfolk
City Code, 1979, As Amended, As It Pertains To The Prohibition Of Trucks Of One And
One-Half Tons On Certain Streets And Trucks Of Over Five Tons On Certain Streets. -
(Ordinance No. 49298)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
R-12 An Ordinance to Amend and Reordain Section 2-4(C) of the Norfolk City Code, 1979, so
as to Change the Time of the Regularly Scheduled Council Meetings. - (Ordinance No.
49299)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
R-13 An Ordinance Approving a First Amendment to Agreement of Conveyance,
Termination of Lease, and Lease Between the City of Norfolk, as Landlord, and Virginia
Stage Company, as Tenant, for the Lease of the Premises Located at 108 E. Tazewell
Street in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the
First Amendment to Agreement of Conveyance, Termination of Lease, and Lease on
Behalf of the City of Norfolk. - (Ordinance No. 49300)
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
13
August 29, 2023
R-14 An Ordinance Consenting to the Assignment of that Certain Retail Lease by and
Between the City of Norfolk, as Landlord, and 150 Owner LLC (Successor in Interest to
100 Main Street, LLC), as Tenant, from 150 Owner LLC to Blackbird 150, LLC, and
Authorizing the City Manager to Execute such Agreements as are Necessary to
Evidence such Consent on Behalf of the City of Norfolk. - (Ordinance No. 49301)
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-15 An Ordinance Amending the FY2024 Annual Appropriations Ordinance (No. 49,220) so
as to Appropriate and Authorize the Expenditure of Funds up to the Amount of
$4,100,000 from the City's Assigned General Fund Balance for the Purchase of Dillard's
Store Located at Macarthur Mall in Norfolk, Virginia and for Other Services as are
Required by the City to Close Upon the Purchase. - (Ordinance No. 49302)
Alton Robinson, 5116 E. Princess Anne Road, spoke in support of this matter.
ACTION: Adopted [7 to 1]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Thomas Jr., Alexander
NAYS: Thomas R. Smigiel Jr.
R-16 An Ordinance Authorizing the City Manager to Enter into a Lease Termination
Agreement by and Between the City of Norfolk, as Lessor, and the Economic
Development Authority of the City of Norfolk, as Lessee, for Property Known as
"Dillard's" and Located at 200 Monticello Avenue in the City of Norfolk; Authorizing an
Assignment and Assumption of Operating Agreements Between the Economic
Development Authority of the City of Norfolk, as Assignor, and the City of Norfolk, as
Assignee; Authorizing a Bill of Sale, Between the Economic Development Authority of
the City of Norfolk, as Seller, and the City of Norfolk, as Purchaser; and Appropriating
and Authorizing the Expenditure of Four Million One Hundred Thousand Dollars to
Purchase the Leasehold Interest and the Dillard's Building as Contemplated in the
Lease Termination Agreement, the Assignment and Assumption of Operating
Agreements, and the Bill of Sale. - (Ordinance No. 49303)
ACTION: Adopted [7 to 1]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Thomas Jr., Alexander
NAYS: Thomas R. Smigiel Jr.
14
August 29, 2023
R-17 An Ordinance Approving a First Amendment to Shopping Center Management
Agreement by and Between the City of Norfolk, as Owner, and S.L. Nusbaum Realty
Co., as Manager, for the Shopping Center Located at 300 Monticello Avenue in the City
of Norfolk, Virginia. - (Ordinance No. 49304)
Nichole McGill, 223 E. City Hall Avenue, requested clarification regarding this matter.
ACTION: Adopted [Unanimous]
AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr.,
Alexander
NEW BUSINESS
Leon Judge, 820 W. 27th Street, spoke regarding youth sports and parks and
recreation activities in Norfolk.
Nichole McGill, 223 E. City Hall Avenue, spoke regarding the implementation of
project improvements.
Alton Robinson, 5116 E. Princess Anne Road, spoke regarding community events in
Park Place.
The following people spoke regarding the traffic light at Hampton Boulevard and
Jamestown Crescent:
Lori Baccanari, 928 Cambridge Place
Liz Paiste, 1000 Cambridge Crescent
Ben Hatcher, 6101 Carroll Place
Jeanne Walters, 1016 Cambridge Crescent
David Greer, 500 E. Main Street
Gay Ziller, 1101 Lexan Avenue
Alex DePaula 308 Elderwood Court, Virginia Beach, spoke regarding PICC grants,
specifically the structure and the process.
Monet Johnson, 3505 Argonne Avenue, spoke regarding a back-to-school event in
the St. Paul’s community.
Tiara Lassiter, 3055 Sewell’s Point, spoke regarding a back-to-school event in St.
Paul’s and regarding adding a grocery store to the St. Paul’s area.
Laura R. Spivey, 403 W. 31st Street, spoke regarding the Commonwealth’s Attorney’s
office.
ADJOURNMENT
15
Agenda
CITY COUNCIL
AGENDA
Tuesday, August 29, 2023
3:30 CITY COUNCIL WORK SESSION – CITY HALL-10TH FLOOR CONFERENCE ROOM
I. AGENDA OVERVIEW Patrick Roberts, City Manager
II. FISCAL YEAR 2023 AUDITS Cheri Amoss, Principal, CliftonLarsenAllan
III. NIGHTHAWKS RECAP Ed Matthews, Assistant Director, Parks & Recreation
IV. CITY PLANNING UPDATE Paula Shea, Acting Planning Director
V. CLOSED SESSION:
• LEGAL MATTERS
• BOARDS & COMMISSIONS
Supporting Documents:
• Announcement of Meeting
• 8-29-2023 Pending Land Use Report
• 8-29-2023 Minutes from City Council Meeting of July 11th
August 29, 2023
NORFOLK, VIRGINIA
DOCKET FOR THE COUNCIL (REVISED)
TUESDAY, AUGUST 29, 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.
INVITATION FOR BIDS
IB-1 Invitation for Bids scheduled this day pursuant to State law, public notice having
been inserted in the local press by the City Clerk to accept bids for a
Nonexclusive Telecommunications Franchise Agreement, with a term of five
years in the City’s right of way, subject to certain terms and conditions.
(Receive bids and continue to September 12, 2023)
PUBLIC HEARINGS
PH-1 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments
Approving a Lease Agreement with the Virginia Opera Association, Inc. for the
Lease of a Portion of the Office Space Located Within Harrison Opera House at
160 W. Virginia Beach Boulevard.
An Ordinance Approving a Lease Agreement with the Virginia Opera Association,
Inc. for the Lease of a Portion of the Office Space Located Within the Civic Arena
Building Adjacent to the Harrison Opera House at 160 W. Virginia Beach
Boulevard.
1
August 29, 2023
PH-2 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments
Approving a Lease Agreement with the Virginia Opera Association, Inc. for the
Lease of the Harrison Opera House Performance Hall Located at 160 W. Virginia
Beach Boulevard.
An Ordinance Approving a Lease Agreement with the Virginia Opera Association,
Inc. for the Lease of the Harrison Opera House Performance Hall Located at 160
W. Virginia Beach Boulevard.
PH-3 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments
approving the Terms and Conditions of a Lease with the Norfolk Senior Center
t/a Primeplus, for Certain Premises Located at the Norfolk Fitness & Wellness
Center at 7300 Newport Avenue and Authorizing the Execution of the Lease
Agreement.
An Ordinance Approving the Terms and Conditions of a Lease with the Norfolk
Senior Center t/a Primeplus, for Certain Premises Located at the Norfolk Fitness
& Wellness Center at 7300 Newport Avenue and Authorizing the Execution of
the Lease Agreement.
PH-4 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments
to Amend Section 14.1-123, Ingleside Precinct, SO AS TO Change the Location of
the Voting Place of the Precinct from Ingleside Recreation Center to Ingleside
Community Gymnasium.
An Ordinance to Amend Section 14.1-123, Ingleside Precinct, SO AS TO Change
the Location of the Voting Place of the Precinct from Ingleside Recreation
Center to Ingleside Community Gymnasium.
PH-5 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments
authorizing the Conveyance of a Pedestrian Access Easement to the City of
Suffolk and Authorizing the City Manager to Enter into the Deed of Easement on
Behalf of the City.
An Ordinance Authorizing the Conveyance of a Pedestrian Access Easement to
the City of Suffolk and Authorizing the City Manager to Enter into the Deed of
Easement on Behalf of the City.
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August 29, 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 Conditional Use Permits to Authorize the Operation of a
Retail Goods Establishment with More than 50,000 Square Feet of Floor Area
and to Permit Alternative Signage on Property Located at 201 and 217 East Little
Creek Road.
C-2 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a
Commercial Recreation Center Operated by “Benevolent Order of OVDSC, Lodge
001” on Property Located at 9615 Granby Street.
C-3 An Ordinance Granting a Conditional Use Permit to Authorize the Sale of
Alcoholic Beverages for On-Premises Consumption at a Restaurant Named
“Hangry’s” on Property Located at 3824 East Little Creek Road.
C-4 An Ordinance Granting a Conditional Use Permit to Authorize the Sale of
Alcoholic Beverages for On-Premises Consumption at a Restaurant Named
“Ordinaire” on Property Located at 200 East Plume Street.
C-5 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of
an Automobile Tow Lot named “Greenway Towing” on Property Located at 1185
Harmony Road.
C-6 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a
Restaurant with Extended Hours and the Sale of Alcoholic Beverages for On-
Premises Consumption Named “Slurp Daiquiri Bar” on Property Located at 6109
East Virginia Beach Boulevard.
C-7 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a
Commercial Recreation Center Named “Mission Laser” on Property Located at
5671 Raby Road.
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August 29, 2023
C-8 An Ordinance Granting Conditional Use Permits to Authorize the Sale of
Alcoholic Beverages for Both On-Premises and Off-Premises Consumption, Live
Entertainment, and the Operation of a Restaurant with Extended Hours Named
“The Bird” on Property Located at 4314 Colley Avenue, Unit A.
C-9 Letter confirming the appointment of Karla J. Soloria as an Assistant City
Attorney III - LD, effective September 25, 2023, in Plan I, Grade 21 of the Law
Plan of the City's Compensation Plan, to serve at the pleasure of the City
Attorney.
C-10 An Ordinance directing the City Treasurer to issue a refund to Tesla Motors, Inc.
upon the overpayment of its Business License Tax for the Tax Year 2023.
C-11 An Ordinance Approving a Right of Entry Agreement Between the City of Norfolk
and H.O.P.E. Foundation Inc. for Use of City-Owned Property Located at 901
Church Street for a Public Event on September 2, 2023, entitled "The Power of
Praise and Prayer", and Authorizing the City Manager to Execute the Right of
Entry on Behalf of the City.
C-12 An Ordinance Approving a Right of Entry Between the City of Norfolk, as Grantor,
and the Chrysler Museum of Art, Incorporated, as Grantee, for Property Located
at 358 Mowbray Arch, 720 and 740 Botetourt Street in the City of Norfolk,
Virginia, and Authorizing the City Manager to Execute the Right of Entry on
Behalf of the City of Norfolk.
C-13 An Ordinance Granting 2800 Colley LLC Permission to Encroach into the Right-of-
Way at 2706 Through 2722 Colley Avenue with Canopies and Awnings.
C-14 An Ordinance Permitting Takira M. Floyd to Encroach into the Right of Way of
Pike Street and Roseclair Street with a structure, a fence, and a driveway.
C-15 An Ordinance Accepting a Deed of Vacation from Hampton Roads Sanitation
District, Vacating and Releasing a Utility Easement twenty feet in width crossing
a portion of that certain parcel of Real Property Located at 698 Saint Paul's
Boulevard in the City of Norfolk, Virginia, and Authorizing the City Manager to
Execute the Deed of Vacation on Behalf of the City of Norfolk.
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August 29, 2023
C-16 An Ordinance Accepting the Conveyance of a Utility Easement Over Property
Located at 1019 W. 41st Street by the Visitors of Old Dominion University to the
City of Norfolk and Authorizing the City Manager to Accept the Deed of
Easement on Behalf of the City.
C-17 Letter confirming the appointment of Shontavious Lovett as an Assistant City
Auditor, II, effective August 28, 2023 in Plan 1, Grade 14 of the General
Compensation Plan, to serve at the pleasure of the City Auditor.
REGULAR AGENDA
R-1 An Ordinance Approving an Offer to Purchase Real Estate and Acceptance by and
Between the United States of America, as Seller, and the City of Norfolk, as
Purchaser, for that Certain Parcel of Real Property Located at 538 Front Street in
the City of Norfolk, Virginia; Authorizing the City Manager to Accept a Special
Warranty Deed on Behalf of the City of Norfolk; and Authorizing the Expenditure
of a Sum of up to $4,575,000.00 From Funds Heretofore Appropriated for
Acquisition of the Property and all Related Transactional Costs.
R-2 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental
Units (Vacation Rental) on Property Located at 9553 21st Bay Street.
R-3 A Resolution in Support of the City's Application for the Allocation of
$10,500,000.00 for Fiscal Years 2025 and 2026 from the Virginia Department of
Transportation ("VDOT") Transportation Alternatives Set-Aside Program for the
Following Projects: Ocean View Avenue Bicycle Improvements from 1st View
Street to Capeview Street, Pedestrian Improvements at Bolling Avenue from
Jamestown Crescent to Westmoreland Avenue, East Seaview Avenue Sidewalk
from Norfolk Avenue to Granby Street and Heutte Drive Sidewalk from Camellia
Road to Flowerfield Road.
R-4 An Ordinance Accepting, Appropriating and Authorizing the Expenditure of Grant
Funds in the Sum of $50,000.00 from the Commonwealth's Opportunity Fund
Awarded to the City through the Virginia Economic Development Partnership
Authority; Approving the Performance Agreement by and Among the City of
Norfolk, Princo LLC, Virginia Economic Development Partnership Authority, and
the Economic Development Authority of the City of Norfolk, Virginia, Setting
Forth the Terms and Conditions of the Payout and use of the Grant Funds, and
Authorizing the City Manager to Execute the Performance Agreement on Behalf
of the City of Norfolk.
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August 29, 2023
R-5 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term
Rental Unit (Vacation Rental) on Property Located at 4046 East Ocean View.
R-6 An Ordinance Authorizing a Subrecipient Agreement with the Virginia
Department of Environmental Quality for the Septic to Sewer Connection
Program Under the Septic Local Partner Program and Authorizing the
Expenditure of a Sum up to $360,000 from the American Rescue Plan Act
("ARPA") Grant Funds.
R-7 An Ordinance Amending the FY2024 Annual Appropriations Ordinance (No.
49,220) SO AS TO Accept, Appropriate and Authorize the Expenditure of Grant
Funds from the Virginia Department of Behavioral Health and Developmental
Services to the Norfolk Community Services Board, up to the Following
Amounts: $200,000 to Provide Emergency Services; $3,101,761 to Provide
Permanent Supportive Housing; $270,000 to Implement Mental Health System
Transformation Excellence and Performance in Virginia (STEP-VA) IT
Infrastructure; $95,500 to Implement STEP-VA Psychiatric Rehabilitation; and
$101,962 to Implement STEP-VA Case Management.
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 $142,209.39 from the Hampton-Newport News
Community Services Board Health Planning Region V for the Norfolk Community
Services Board to Use for Employee Pay Differential, Sign On and/or Retention
Bonuses.
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 $520,681 from Virginia Department of Behavioral Health
and Developmental Services to Support Norfolk Community Services Board's
Permanent Supportive Housing Program's Expansion, Unmet Program Needs,
Staffing Recruitment and Retention Initiatives.
R-10 An Ordinance Amending the FY2024 Annual Appropriations Ordinance (No.
49,220) SO AS TO Accept, Appropriate and Authorize the Expenditure of Grant
Funds Up to The Sum Of $12,500 From the City of Newport News and Coastal VA
STEM Hub's Learning Ecosystem for Norfolk's Department of Parks and
Recreation to Provide STEM Education and Supplies in After-School Programs.
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August 29, 2023
R-11 An Ordinance to Amend and Reordain Sections 25-656 and 25-657 of the Norfolk
City Code, 1979, As Amended, as it pertains to the Prohibition of Trucks of One
and One-Half Tons on Certain Streets and Trucks of Over Five Tons on Certain
Streets.
R-12 An Ordinance to Amend and Reordain Section 2-4(C) of the Norfolk City Code,
1979, SO AS TO Change the Time of the Regularly Scheduled Council Meetings.
R-13 An Ordinance Approving a First Amendment to Agreement of Conveyance,
Termination of Lease, and Lease Between the City of Norfolk, as Landlord, and
Virginia Stage Company, as Tenant, for the Lease of the Premises Located at 108
E. Tazewell Street in the City of Norfolk, Virginia, and Authorizing the City
Manager to Execute the First Amendment to Agreement of Conveyance,
Termination of Lease, and Lease on Behalf of the City of Norfolk.
R-14 An Ordinance Consenting to the Assignment of that Certain Retail Lease by and
Between the City of Norfolk, as Landlord, and 150 Owner LLC (Successor in
Interest to 100 Main Street, LLC), as Tenant, from 150 Owner LLC to Blackbird
150, LLC, and Authorizing the City Manager to Execute such Agreements as are
Necessary to Evidence such Consent on Behalf of the City of Norfolk.
R-15 An Ordinance Amending the FY2024 Annual Appropriations Ordinance (No.
49,220) SO AS TO Appropriate and Authorize the Expenditure of Funds up to the
Amount of $4,100,000 from the City's Assigned General Fund Balance for the
Purchase of Dillard's Store Located at Macarthur Mall in Norfolk, Virginia and
for Other Services as are Required by the City to Close Upon the Purchase.
R-16 An Ordinance Authorizing the City Manager to Enter into a Lease Termination
Agreement by and Between the City of Norfolk, as Lessor, and the Economic
Development Authority of the City of Norfolk, as Lessee, for Property Known as
"Dillard's" and Located at 200 Monticello Avenue in the City of Norfolk;
Authorizing an Assignment and Assumption of Operating Agreements Between
the Economic Development Authority of the City of Norfolk, as Assignor, and the
City of Norfolk, as Assignee; Authorizing a Bill of Sale, Between the Economic
Development Authority of the City of Norfolk, as Seller, and the City of Norfolk,
as Purchaser; and Appropriating and Authorizing the Expenditure of Four Million
One Hundred Thousand Dollars to Purchase the Leasehold Interest and the
Dillard's Building as Contemplated in the Lease Termination Agreement, the
Assignment and Assumption of Operating Agreements, and the Bill of Sale.
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August 29, 2023
R-17 An Ordinance Approving a First Amendment to Shopping Center Management
Agreement by and Between the City of Norfolk, as Owner, and S.L. Nusbaum
Realty Co., as Manager, for the Shopping Center Located at 300 Monticello
Avenue in the City of Norfolk, Virginia.
ADJOURNMENT
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