City Council Agendas

December 5, 2023 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, DECEMBER 5, 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 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 1  December 5, 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 a Development Certificate, With Waivers, to Permit the Restoration of a Commercial Building on Property Located at 2600 Lafayette Boulevard. - (Ordinance No. 49416) Jeffrey Wallace, the builder for the applicant, 2600 Lafayette Boulevard, 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 a Conditional Use Permit to Authorize a Large-Scale Drive- through Facility on Property located at 3350 East Princess Anne Road for an Establishment Named “Walmart Neighborhood Market.” - (Ordinance No. 49417) Rob Beaman, the attorney for the applicant, 222 Central Park Avenue, 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‐3 An Ordinance Granting a Conditional Use Permit to Authorize the Production of Craft Beverages at an Establishment Named “Mean Spirits Distillery” on Property Located at 2401 Colonial Avenue. - (Ordinance No. 49418) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 2  December 5, 2023 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 at an Establishment Named “Be A J Juice Bar” on Property Located at 3016 East Princess Anne Road. ACTION: Continued Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐5 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 “The High Cup” on Property Located at 117 East Princess Anne Road. - (Ordinance No. 49419) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐6 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a Minor Automobile Repair and Maintenance Facility named “Take 5 Oil Change” on Property Located at 1212 North Military Highway. - (Ordinance No. 49420) Andrew Barclay, 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 3  December 5, 2023 C‐7 An Ordinance Granting Conditional Use Permits to Authorize the Operation of an Automobile Sales Establishment and a Major Automobile Repair and Maintenance Facility named “Checkered Flag Auto Outlet” on Properties Located at 6513, 6517, and 6525 East Virginia Beach Boulevard. - (Ordinance No. 49421) Billy Garrington, agent for the applicant, 471 Southside Road, was present to answer any questions relative to this matter. Ford Mason, President of the Newtown South Civic League, 6612 Stoney Point North, 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 a Large-Scale Drive- through Facility on Property located at 7530 Tidewater Drive for a Restaurant Named “Panda Express.” - (Ordinance No. 49422) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐9 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9602 10th Bay Street. - (Ordinance No. 49423) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 4  December 5, 2023 C‐10 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9569 20th Bay Street. - (Ordinance No. 49424) Aradia Robertson, 9620 20th Bay Street, spoke in opposition to this matter. ACTION: Adopted [5 to 3] AYES: Doyle, Johnson, McClellan, Royster, Thomas Jr. NAYS: John E. Paige, Thomas R. Smigiel Jr., Kenneth Cooper Alexander C‐11 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9611 19th Bay Street. - (Ordinance No. 49425) Jen Williams, the property manager, 1421 Independence Boulevard, spoke in support of this matter. Aradia Robertson, 9620 20th Bay Street, spoke in opposition to this matter. ACTION: Adopted as Amended [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐12 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9407 Chesapeake Street. - (Ordinance No. 49426) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 5  December 5, 2023 C‐13 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 9512 18th Bay Street. - (Ordinance No. 49427) Aradia Robertson, 9620 20th Bay Street, spoke in opposition to this matter. ACTION: Adopted [6 to 2] AYES: Doyle, Johnson, McClellan, Paige, Royster, Thomas Jr. NAYS: Thomas R. Smigiel Jr., Kenneth Cooper Alexander C‐14 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 216 Dulwich Crescent. - (Ordinance No. 49428) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐15 Letter to City Council transmitting from the General Registrar an Abstract of Votes cast in the 2023 November General and Special Elections held on November 7, 2023, pursuant to Section 24.2-675 of the Code of Virginia. ACTION: Approved [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander REGULAR AGENDA R‐1 An Ordinance Amending The FY2024 Annual Appropriations Ordinance (No. 49,220) So As To Accept, Appropriate And Authorize The Expenditure Of Additional Grant Funds Up To The Sum Of $100,000 From The Virginia Department Of Transportation, And Authorizing The Expenditure Of A Local Cash Match In The Amount Of $59,783 Previously Appropriated In The FY2024 Capital Improvement Plan For The FY2019 Congestion Mitigation And Air Quality Program Previously Created Under Ordinance No. 47,755. - (Ordinance No. 49429) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 6  December 5, 2023 R‐2 An Ordinance Amending The FY2024 Annual Appropriations Ordinance (No. 49,220) So As To Accept Additional Grant Funds Up To The Amount Of $207,932 From The Virginia Department Of Transportation ("VDOT") Primary Extension Funding, If And When Received, And To Appropriate And Authorize The Expenditure Of The Funds To Repave Seven Roadway Segments, Which Project Was Previously Created Under Ordinance No. 49,060. - (Ordinance No. 49430) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐3 A Resolution in Support of an Application by Norfolk Terminal, LP, for Grant Funds From the Rail Industrial Access Program of the Commonwealth Department of Rail and Public Transportation. - (Resolution No. 1907) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐4 An Ordinance Approving a Memorandum of Understanding between the Cities of Norfolk, Chesapeake, Portsmouth, Suffolk and Virginia Beach for Hampton Roads Computer Aided Dispatch Interoperability Project (HRCIP). - (Ordinance No. 49431) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 7  December 5, 2023 R‐5 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 2450 East Ocean View Avenue. - (Ordinance No. 49432) Timothy Manion, the applicant, 1700 Benefit Road, Chesapeake, spoke in support of this matter. Aradia Robertson, 9620 20th Bay Street, spoke in opposition to this matter. Doug Brooks, 9720 5th Bay Street, spoke in opposition to this matter. ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: John E. Paige NEW BUSINESS Sahian Nanez, Crescent Way, spoke regarding cease fire in Gaza. Susan Neal Matusek, 8214 Andrew Lane, spoke regarding public safety. ADJOURNMENT 8