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City Council Agendas

Regular Meeting

Norfolk, NE · September 26, 2023

AgendaMinutes

Minutes

September 26, 2023 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 26, 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 1 September 26, 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 the issuance of up to $113,000,000 in Water Revenue Bonds (the "Bonds") of the City of Norfolk, Virginia (the "City"), to finance (i) certain costs of acquiring, constructing and equipping capital improvements to the City's water system authorized pursuant to the City's Capital Improvement Plan, as the Council may amend such plan from time to time hereafter, (ii) to provide, if needed, the funding for the debt service An Ordinance Authorizing the Issuance and Sale by the City of Norfolk, Virginia, of up to $113,000,000 in Water Revenue Bonds - (Ordinance No. 49338) 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. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 2 September 26, 2023 C-1 An Ordinance Approving a Right of Entry Permitting the Hampton Roads Chapter of the American Institute of Architects and the Economic Development Authority of the City of Norfolk to Go Upon and Use City-Owned Property Located at 618 W. 35th Street for a Community Event. - (Ordinance No. 49339) C-2 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Banquet Hall Named “The Granby Theater” on Property Located at 421 Granby Street. - (Ordinance No. 49340) C-3 An Ordinance Accepting the Conveyance of a Utility Easement Over Property Located at 5660 Lowery Road by Nirmal Properties, LLC to the City of Norfolk and Authorizing the City Manager to Accept the Deed of Easement on Behalf of the City. - (Ordinance No. 49341) C-4 An Ordinance Accepting the Conveyance of a Drainage Easement Over Property Located at 5900 Northampton Boulevard by Metropolitan Apartments, LLC and Authorizing the City Manager to Accept the Deed of Easement on Behalf of the City. - (Ordinance No. 49342) C-5 An Ordinance Accepting the Conveyance of a Pedestrian Access Easement Over Property Located at 5900 Northampton Boulevard by Metropolitan Apartments, LLC and Authorizing the City Manager to Accept the Deed of Easement on Behalf of the City. - (Ordinance No. 49343) REGULAR AGENDA R-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 3 September 26, 2023 R-2 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a Smoke or Vape Shop Named “The Hive” on Property Located at 4215 Granby Street. - (Ordinance No. 49344) Yelena Kay, 829 Brentwood Drive, spoke in support of this matter. John Childers, 1515 Bordeaux Place, spoke in support of this matter. Robert Matthews, 4215 Granby Street, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R-3 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Convenience Store with the Sale of Alcoholic Beverages for Off-premises Consumption and the Sale of Smoking Products Named “Miller’s” on Property Located at 500 North Military Highway. Drew Carlson, 800 South Street, MA, representative for the applicant, spoke in support of this matter. Terry Taylor, 2 Eaton Street, Hampton, representative for the applicant, spoke in support of this matter. ACTION: Lost [0 to 8] NAYS: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Convenience Store with the Sale of Smoking Products Named "Miller's" on Property Located at 500 North Military Highway. - (Ordinance No. 49345) Drew Carlson, 800 South Street, MA, representative for the applicant, spoke in support of this matter. Terry Taylor, 2 Eaton Street, Hampton, representative for the applicant, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 4 September 26, 2023 R-4 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Convenience Store with the Sale of Alcoholic Beverages for Off-premises Consumption and the Sale of Smoking Products Named “Miller’s” on Property Located at 4900 Hampton Boulevard. - (Ordinance No. 49346) Drew Carlson, 800 South Street, MA, representative for the applicant, spoke in support of this matter. Terry Taylor, 2 Eaton Street, Hampton, representative for the applicant, spoke in support of this matter. ACTION: Adopted [5 to 3] AYES: Doyle, McClellan, Smigiel Jr., Thomas Jr., Alexander NAYS: Johnson, Paige, Royster R-5 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 $218,820 from The U.S. Department of Justice For The Edward Byrne Memorial Justice Assistance Grant Program. - (Ordinance No. 49347) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R-6 An Ordinance to Schedule a Council Retreat on November 27, 2023, and to move the location from the Council Chambers of the City Hall Building to the Slover Library, Sgt. Memorial Room. - (Ordinance No. 49348) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 5 September 26, 2023 R-7 An Ordinance Granting Conditional Use Permits to Authorize the Operation of Facility for Production of Craft Beverages and Live Entertainment at an Establishment Named “Elation Brewing” on Property Located at 5104 Colley Avenue. The applicant, Kenny VanHook, 5104 Colley Avenue, was present to answer any questions relative to this matter. ACTION: Continued Generally [7 to 1] AYES: Doyle, Johnson, McClellan, Paige, Royster, Thomas Jr., Alexander NAYS: Smigiel Jr. R-8 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 $20,000 from the National Endowment for the Arts Local Arts Agency and Previously-Appropriated Local Matching Funds in the Amount of $2,000 for the Polyphonic Culture Project to Support a Series of Five Collaborative Capacity Building Workshops for Norfolk Non-Profit Arts Organizations. - (Ordinance No. 49349) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R-9 An Ordinance Accepting Grant Funds From the Department of Defense under its Defense Community Infrastructure Program in the Amount of $2,369,284 for the Hampton Boulevard Drainage Project and Authorizing the Expenditure of the Funds. - (Ordinance No. 49350) 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 6 September 26, 2023 NEW BUSINESS Carl Poole, 1049 W. 49th Street, spoke regarding economic development of the St. Paul’s Area. Javon Bennett, 1342 Reservoir Avenue, spoke regarding concerns and food desserts. Paige Freeman, 918 Hanover Avenue, spoke regarding traffic lights in Larchmont on Hampton Boulevard. Ben Hatcher, 6101 Carroll Place, spoke regarding a traffic light at Hampton Boulevard and Jamestown Crescent. Mary Simpson Jones, 7505 Paulin Court, spoke regarding the Oakwood community. Christopher Hardy, 841 Cedar Street, spoke regarding concerns with the availability of youth activities. Stephanie Payton, 4500 Ballentine Boulevard, spoke regarding operating businesses in the City of Norfolk. Jeanne Walters, 1016 Cambridge Crescent, spoke regarding a traffic light at Hampton Boulevard and Jamestown Crescent. Barrett Hicks, 1515 E. Indian River Road, spoke regarding increased community partnerships. Alton Robinson, 5116 E. Princess Anne Road, spoke regarding equality in community services. Tiara Lassiter, 3055 Sewells Point Road, spoke regarding a grocery store in the St. Paul’s Area. Susan Matousek, 8214 Angie Lane, spoke regarding law enforcement response to mental health crisis. ADJOURNMENT 7

Agenda

CITY COUNCIL AGENDA Tuesday, September 26, 2023 3:30 CITY COUNCIL WORK SESSION – CITY HALL-10TH FLOOR CONFERENCE ROOM I. AGENDA OVERVIEW Patrick Roberts, City Manager II. PUBLIC HEALTH UPDATE Dr. Susan Girois, District Health Director Norfolk Department of Public Health III. Q3 PUBLIC SAFETY UPDATE Chief Mark Talbot, Norfolk Police Department IV. CLOSED SESSION: • LEGAL MATTER • BOARDS AND COMMISSIONS Supporting Documents: • Announcement of Meeting • 9-26-2023 Pending Land Use Report • 9-26-2023 Minutes from City Council Meeting of September 12 September 26, 2023 NORFOLK, VIRGINIA DOCKET FOR THE COUNCIL TUESDAY, SEPTEMBER 26, 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, to hear comments on the issuance of up to $113,000,000 in Water Revenue Bonds (the "Bonds") of the City of Norfolk, Virginia (the "City"), to finance (i) certain costs of acquiring, constructing and equipping capital improvements to the City's water system authorized pursuant to the City's Capital Improvement Plan, as the Council may amend such plan from time to time hereafter, (ii) to provide, if needed, the funding for the debt service reserve requirement under the City’s water revenue bond indenture, and (iii) the costs of issuance of the Bonds, including underwriter’s discount. The projects to be financed by the Bonds are subject to change in accordance with the City's capital expenditure cash flow needs and Virginia law. An Ordinance Authorizing the Issuance and Sale by the City of Norfolk, Virginia, of up to $113,000,000 in Water Revenue Bonds. 1 September 26, 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 Approving a Right of Entry Permitting the Hampton Roads Chapter of the American Institute of Architects and the Economic Development Authority of the City of Norfolk to Go Upon and Use City-Owned Property Located at 618 W. 35th Street for a Community Event. C-2 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Banquet Hall Named “The Granby Theater” on Property Located at 421 Granby Street. C-3 An Ordinance Accepting the Conveyance of a Utility Easement Over Property Located at 5660 Lowery Road by Nirmal Properties, LLC to the City of Norfolk and Authorizing the City Manager to Accept the Deed of Easement on Behalf of the City. C-4 An Ordinance Accepting the Conveyance of a Drainage Easement Over Property Located at 5900 Northampton Boulevard by Metropolitan Apartments, LLC, and Authorizing the City Manager to Accept the Deed of Easement on Behalf of the City. C-5 An Ordinance Accepting the Conveyance of a Pedestrian Access Easement Over Property Located at 5900 Northampton Boulevard by Metropolitan Apartments, LLC, and Authorizing the City Manager to Accept the Deed of Easement on Behalf of the City. REGULAR AGENDA R-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. (Passed by at the September 12, 2023 meeting) 2 September 26, 2023 R-2 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a Smoke or Vape Shop Named “The Hive” on Property Located at 4215 Granby Street. (Passed by at the September 12, 2023 meeting) R-3 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Convenience Store with the Sale of Alcoholic Beverages for Off-premises Consumption and the Sale of Smoking Products Named “Miller’s” on Property Located at 500 North Military Highway. R-4 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Convenience Store with the Sale of Alcoholic Beverages for Off-premises Consumption and the Sale of Smoking Products Named “Miller’s” on Property Located at 4900 Hampton Boulevard. R-5 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 $218,820 from The U.S. Department of Justice for The Edward Byrne Memorial Justice Assistance Grant Program. R-6 An Ordinance to Schedule a Council Retreat on November 27, 2023, and to move the location from the Council Chambers of the City Hall Building to the Slover Library, Sgt. Memorial Room. R-7 An Ordinance Granting Conditional Use Permits to Authorize the Operation of Facility for Production of Craft Beverages and Live Entertainment at an Establishment Named “Elation Brewing” on Property Located at 5104 Colley Avenue. (Passed by at the September 12, 2023 meeting) R-8 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 $20,000 from the National Endowment for the Arts Local Arts Agency and Previously Appropriated Local Matching Funds in the Amount of $2,000 for the Polyphonic Culture Project to Support a Series of Five Collaborative Capacity Building Workshops for Norfolk Non-Profit Arts Organizations. 3 September 26, 2023 R-9 An Ordinance Accepting Grant Funds from the Department of Defense under its Defense Community Infrastructure Program in the Amount of $2,369,284 for the Hampton Boulevard Drainage Project and Authorizing the Expenditure of the Funds. ADJOURNMENT 4

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