City Council Agendas

December 12, 2023 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, DECEMBER 12, 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 Absent 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 meetings. ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson 1  December 12, 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, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson PUBLIC HEARINGS PH‐1 Public Hearing scheduled this day pursuant to State Law, on the application of the CITY PLANNING COMMISSION, for a text amendment to the Norfolk Zoning Ordinance to to Change the Name of the Accessory Use of “Day Care Home” to the New Name of “Family Day Home” and to Update Performance Standards Required for the Use. An Ordinance to Amend Section 4.3.3.E and Various Tables of the Norfolk Zoning Ordinance so as to Change the Name of the Accessory Use of “Day Care Home” to the New Name of “Family Day Home” and to Update Performance Standards Required for the Use. - (Ordinance No. 49433) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson PH‐2 Public Hearing scheduled this day pursuant to State Law, on the application of the CITY PLANNING COMMISSION, for a text amendment to the Norfolk Zoning Ordinance to Revise the Performance Standards Limiting the Number of Non‐Members Allowed at an After‐Hours Membership Organization. An Ordinance to Amend Section 4.2.3.F(2) of the Norfolk Zoning Ordinance so as to Revise the Performance Standards Limiting the Number of Non-Members Allowed at an After-Hours Membership Organization. - (Ordinance No. 49434) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson 2  December 12, 2023 PH‐3 Public Hearing scheduled this day, pursuant to State Law, to hear comments Approving a Lease Agreement with Scotland Farms, LLC for the Lease of City Owned Property Located at 456 Harrell Road in the City of Chesapeake. An Ordinance Approving a Lease Agreement with Scotland Farms, LLC for the Lease of City Owned Property Located at 456 Harrell Road in the City of Chesapeake. - (Ordinance No. 49435) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson PH‐4 Public Hearing scheduled this day, pursuant to State Law, to hear comments to Amend and Reordain Section 1 of the Capital Improvement Plan Budget for the Fiscal Year Beginning July 1, 2023 and Ending June 30, 2024 SO AS TO Establish Funding in the Amount of up to $26,000,000 to increase funding for the Comply with Lead and Copper Rule Revisions capital improvement project. An Ordinance to Amend and Reordain Section 1 of the Capital Improvement Plan Budget for the Fiscal Year Beginning July 1, 2023 and Ending June 30, 2024 so as to Add $24,000,000 in Funding to the Line Item Comply with Lead and Copper Rule Revisions, and to Authorize the Issuance of Water Utility Bonds to Finance the Additional Funding. - (Ordinance No. 49436) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson 3  December 12, 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. ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson C‐1 An Ordinance Granting Conditional Use Permits to Authorize the Operation of an After-Hours Membership Organization with the Sale of Alcoholic Beverages for On- Premises Consumption and Live Entertainment Named “Bugatti’s” on Property Located at 111 College Place. - (Ordinance No. 49437) C‐2 An Ordinance Accepting the Acceptance of a Temporary Construction Easement Over Property Located at 232 Chapel Street and Authorizing the City Manager to Accept the Deed of Easement on Behalf of the City. - (Ordinance No. 49438) C‐3 An Ordinance Accepting the Conveyance of a Utility Easement and the Assignment of Equipment and Material Over Property Located at 2200 Norview Avenue by the Norfolk Airport Authority and Dollar Tree Air, Inc. and Authorizing the City Manager to Accept the Deed of Easement and a Quitclaim Assignment on Behalf of the City. - (Ordinance No. 49439) C‐4 An Ordinance directing the City Treasurer to issue a refund to First Team Subaru Norfolk, Inc. upon the overpayment of its Business Tangible Property Tax for the Tax Year 2022. - (Ordinance No. 49440) C‐5 An Ordinance Approving a Right of Entry Permitting Downtown Norfolk Council to Go Upon and Use Certain City-Owned Property Located at 134-142 W. Olney Road for a Public Event on December 16, 2023, Entitled "Cardinal Skate Shop 20th Anniversary Celebration", and Authorizing the City Manager to Execute the Right of Entry on Behalf of the City. - (Ordinance No. 49441) REGULAR AGENDA R‐1 An Ordinance to Schedule Council Meeting Dates for 2024. - (Ordinance No. 49442) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson 4  December 12, 2023 R‐2 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 $27,500 From The Virginia Department Of Housing And Community Development To Support Norfolk Community Services Board's Emergency Shelter Operations And Homeless Management Information System (HMIS). - (Ordinance No. 49443) Tiara Lassiter, 3055 Sewells Point Road, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson R‐3 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 $12,000 From Eastern Virginia Medical School, And Authorizing The Expenditure Of A Local Cash Match In The Amount Of $25,000 Previously Appropriated In The FY2024 Capital Improvement Plan For The Commissioning Of Public Art To Be Installed At The Eastern Virginia Medical School. - (Ordinance No. 49444) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson R‐4 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 $25,000 From Virginia Coastal Plein Air, And Authorizing The Expenditure Of A Local Cash Match In The Amount Of $25,000 Previously Appropriated In The FY2024 Capital Improvement Plan For The Commissioning Of Public Art To Be Installed In The Public Right Of Way On Ocean View Avenue at 21st Bay. - (Ordinance No. 49445) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson 5  December 12, 2023 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 $4,286,924 From The Virginia Department Of Transportation ('VDOT") Highway Safety Improvement Funding Program, If And When Received, And Establishing The Projects With VDOT For Citywide Pedestrian Crossing Safety Improvements Project Along Granby Street, Ocean View Avenue, And Tidewater Drive; And Authorizing The Agreements With VDOT For The Administration Of The Projects By The City. - (Ordinance No. 49446) Calvin Williams, 1030 W. 24th Street, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson R‐6 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 $2,129,581 From The Virginia Department Of Transportation ("VDOT")Highway Safety Improvement Funding Program, If And When Received, And Establishing The Projects With VDOT To Improve Up To 119 Unsignalized Intersections Along Ocean View Avenue And Tidewater Drive; And Authorizing The Agreements With VDOT For The Administration Of The Project By The City - (Ordinance No. 49447) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson 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 Up To The Sum Of $1,732,600 From The Virginia Department Of Transportation ("VDOT")Smart Scale Funding Program, If And When Received, And Establishing The Projects With VDOT To Improve Pedestrian Safety At Terminal Boulevard And Diven Street; And Authorizing The Agreements With VDOT For The Administration Of The Project By The City. - (Ordinance No. 49448) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson 6  December 12, 2023 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 $1,000,000 From The Virginia Department Of Transportation ("VDOT") Bridge Formula (#BF) Of IIJA For Off-System Bridges Reimbursable Funding Program, If And When Received, And Establishing The Project With VDOT To Rehabilitate Robin Hood Road Bridge; And Authorizing The Agreements With VDOT For The Administration Of The Project By The City. - (Ordinance No. 49449) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson R‐9 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 $50,000 From The Virginia Department Of Behavioral Health And Developmental Services Substance Abuse Prevention And Treatment ARPA Grant For Norfolk Community Services Board To Treat Substance Use Disorder, If And When Received. - (Ordinance No. 49450) Javon Bennett, 1342 Reservoir Avenue, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson 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 $3,713 From The Virginia Department Of Behavioral Health And Developmental Services, Projects Assisting In The Transition From Homelessness (PATH) Program For Norfolk Community Services Board's Costs Of Staff Training, Travel And Outreach Supplies For The PATH Program. - (Ordinance No. 49451) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson 7  December 12, 2023 R‐11 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 $196,250 From The Virginia Department Of Emergency Management For The PSAP Grant Staffing Recognition Grant To Recognize And Retain Telecommunicators. - (Ordinance No. 49452) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson R‐12 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Banquet Hall, Production of Craft Beverages, and Live Entertainment at an Establishment Named “Armed Forces Brewery” on Property Located at 211 West 24th Street. - (Ordinance No. 49453) The following spoke in support of this matter: Tim Anderson, attorney for the applicant, 2492 North Landing Road, Virginia Beach Alan Beal, the applicant, 1001 Bolling Avenue Michael Levinson, 211 W. 24th Street John Newell, 2016 Belvidere Road, Virginia Beach Tim Beasley, 2842 Shearwater Cove, Virginia Beach Michael Dyer, 1505 Shenandoah Parkway, Chesapeake Don Leneski, 1201 Sycamore Road, Virginia Beach Taylor Waldron, 4403 Running Brooke Drive, Virginia Beach Pam Cantindia, 1960 Nettle Street, Virginia Beach James Rapisardi, 1507 Halstead Avenue Michael Mulac, 1505 Seaford Cove, Virginia Beach Dale Lazar, 821 Brandon Avenue Troy Catindig, 1960 Nettle Street, Virginia Beach Kendall Almerico, G Street NW, Washington D.C. Darren McBurnett, 14019 Tailors Landing, Montpelier, Virginia 8  December 12, 2023 The following spoke in opposition to this matter: Dana Flemming, 8585 Granby Street Carrie Short, 6053 Westwood Terrace Gabe Harrell, 4815 Colonial Avenue Angela Bernard, 303 N. Mallory Street, Hampton James Vandever Nabors IV, 1222 Virgilina Avenue Jeff Ryder, 2202 Llewellyn Avenue Luke Cowden, 1518 Melrose Parkway Stephanie Clark, 5009 Gosnold Avenue Robert Bracknell, 718 Connecticut Avenue Katherine Bertho, 1320 Church Street Berkeley Ange, 141 Fayton Avenue Hank Morrison, 141 Fayton Avenue Andrew Coplon, 629 Virgilina Avenue Ray LeWald, 1610 Bellevue Avenue ACTION: Adopted [6 to 1] AYES: Doyle, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: McClellan ABSENT: Johnson R‐13 A RESOLUTION APPOINTING AND REAPPOINTING 32 MEMBERS TO 4 COMMISSIONS, 4 BOARDS, 1 AUTHORITY, and 1 COMMITTEE FOR CERTAIN TERMS. Javon Bennett, 1342 Reservoir Avenue, requested additional information relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Johnson 9  December 12, 2023 NEW BUSINESS Soha Amer, Old Dominion University student, spoke regarding cease fire in Gaza. Asenath Jemmott, Chesapeake, Virginia, spoke regarding cease fire in Gaza. Tariq Jawhar, 3304 Lynnhurst Boulevard, Chesapeake, spoke regarding the Gaza Strip. Tiara Lassiter, 3055 Sewells Point Road, spoke regarding a grocery store in the St. Paul’s Area. Kenya Watson, Norfolk State University Campus, spoke regarding cease fire in Gaza. Steve Devery, did not give address, spoke regarding public safety. Javon Bennett, 1342 Reservoir Avenue, spoke regarding collaboration and growing the New Virginia Majority’s latest initiative proposal. Alvin Long, 1738 Lasalle Avenue, spoke regarding cease fire in Gaza. John Long, 7416 Lens Avenue, spoke regarding cease fire in Gaza. ADJOURNMENT 10