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City Council Agendas

Regular Meeting

Norfolk, NE · February 13, 2024

AgendaMinutes

Minutes

NORFOLK, VIRGINIA MEETING OF COUNCIL TUESDAY, FEBRUARY 13, 2024 Mayor Kenneth Cooper Alexander, called the meeting to order at 3:30 p.m., with the following members present: Mrs. Courtney R. Doyle, Mrs. Mamie B. Johnson, Mrs. Andria P. McClellan, Mr. John E. Paige, Ms. Danica Royster, Mr. Thomas R. Smigiel Jr., and Vice Mayor Martin A. Thomas Jr. AGENDA FY 2023 End of Year Budget Presentation Presenter: Mr. Pete Buryk, Budget Director FY 2023 General Fund Year-End FY 2023 General Fund Budgeted: $1.022 Billion FY 2023 General Fund Actual: $1.0042 Billion Budget Variance ($): $17.8 Million Budget Variance (%): 1.7% Mr. Buryk stated in developing funding recommendations to Council, the Administration focused on identifying options that support the following priorities: Funding Priorities  Reduce borrowing costs by cash-funding projects  Address neighborhood needs  Invest in city-owned cultural facilities  Address fleet, equipment, and technology needs  Address emergent operational needs Funding Recommendations  Cash fund planned capital projects: $6,378,857  Cash fund one-time technology purchases: $2,121,143  Neighborhood Flooding Projects: $5,000,000  JT West Residential Redevelopment Site Plan: $300,000  Poplar Hall Field Lighting: $250,000  Fire-Rescue Apparatus Replacement: $1,700,000  Norfolk Public Library Bookmobile Replacement: $150,000  Selden Arcade Building Systems Upgrades: $700,000  Virginia Zoo Repairs: $650,000  Beach Replenishment (Little Creek to 17th Bay): $550,000 Total Recommended Investments: $17,800,000 -1- Proposed Neighborhood Storm Water Projects for FY 2023 End Of Year Funding 1. Improve Mayflower Road Drainage: $2,000,000 2. Rehabilitate Tidewater Drive Pump Station: $1,500,000 3. Improve Glenrock Drainage: $500,000 4. Improve 1341 Hullview Avenue Storm Water Infrastructure: $155,000 5. Improve Industrial Park Ditch Drainage: $150,000 6. Improve 425 W. Government Avenue Storm Water Infrastructure: $145,000 7. Improve Westcliff ditch system: $130,000 8. Replace Berkley Ave Ext Piping: $110,000 9. Improve East 42nd and Holly Avenue Drainage: $100,000 10 . Improve 7419 Sewells Point Rd ditch system: $75,000 11 . Improve Doris Drive Drainage: $75,000 12 . Improve Scott and Evangeline Street Drainage: $60,000 FY 2024 Mid-Year Budget Review and Financial Update FY 2024 General Fund Mid-year Revenues  FY 2024 General Fund Revenues are on track to meet budget  Consumption-based, use of city facilities, and cultural facilities ticket sales are performing above budget FY 2024 General fund Mid-year Expenditures  General Fund Expenditures are tracking below budget  Majority of savings is due to vacancies across the city FY 2025 Outlook National Gross Domestic Product (GDP) Growth  Slow, steady growth The Consumer  Income growth steady  Spending strong Employment  Job growth steady  Unemployment low Used Vehicles  Prices down 9.2% Year over Year (YoY) Inflation  Growth falling steadily  CPI up 3.4% YoY Monetary Policy  Federal Reserve holding rates high  Timing of rate cuts Housing  Prices up 5.4% YoY  Starts down 9.0% YoY -2- Regional 2024 Outlook for Hampton Roads  Defense Spending will continue to provide a boost for the Hampton Roads Economy.  Regional Economy is expected to grow at the same pace as the national economy.  Port of Virginia should see a moderate growth in tonnage and loaded Twenty-foot equivalent units (TEUs).  With anticipated lower annual mortgage rates in 2024, existing home sales are likely to stabilize, but median prices are expected to continue to increase.  Going forward, uncertainty in Washington will continue to be a major concern for the health of the regional economy. Takeaways  FY 2023 ended with a 1.7% surplus  FY2024 is projected to end the year with a modest surplus  FY 2025 outlook is generally positive with slower growth Councilwoman Doyle commented that projects already scheduled in the queue should continue as planned and not be held up by the recommended projects. Councilman Smigiel reiterated that some of the $17,800,000 in surplus funds should be used to reduce the real estate tax for citizens. Constitutional Officers Compensation Mr. Buryk stated in September 2023, the General Assembly passed budget amendments to the ’22 to FY 24 biennium budget and those included compensation actions for compensation Board and state employees. The fiscal impact of this for Norfolk is approximately $1.7 million in new ongoing state revenue. The city manager has worked with the city attorney’s office and constitutional officers and is recommending Council to pass through all the new state revenue to the constitutional offices. These actions include a 2% across the board increase to all comp board funded positions, a 2% increase to all state funded election officer positions, targeted increase to select compensation board positions experiencing compression, and funding for previously unfunded positions in the treasurer and commissioner’s office. This ordinance will come before Council at the February 27th meeting. -3- City Planning Update Presenter: Mr. Robert Tajan, Director of Planning Mr. Tajan reported as follows: 542 Mowbray Arch Appeal of a Certificate of Appropriateness Location  542 Mowbray Arch Existing Conditions  Single-family home Request  Appeal the granting of a Certificate of Appropriateness for lighting Timeline  Homeowner applies for Certificate of Appropriateness (COA) for the approval of site and landscape lighting  Initial application heard on October 23, 2023 by the Architectural Review Board (ARB)  Continued by the ARB to have the property owner reconsider lighting options  Revised application heard on November 13, 2023  Applicant reduced lighting brightness by 20% from initial submittal  ARB approved the application with the following conditions:  No uplighting on the front yard tree is permitted.  The clapboard addition in the rear shall not be lit.  The mushroom lights shall be lowered towards the ground a minimum of three additional inches from original installation.  Resident in the Historic District is appealing the granted COA for lighting  Appeals of COAs are adjudicated by City Council  Resident states:  “…(T)he ARB erred in allowing the number, brightness, and area of coverage of the lights requested in this after-the-fact application and in allowing the lights to remain on all night.” (Photographs and schematic drawing presented.) The Kingston Conditional Use Permit Location  1700 Kingston Avenue Existing Conditions  Vacant Structure Request  Conditional Use permit to modify development standards to establish a five-unit multi-family use -4-  The site was developed with an eight-unit apartment building in 1965  Has been vacant at least 14 years  The use was non-conforming to the previously adopted Zoning regulations 2012  Zoning only allowed 1 or 2 family development due to lot size  BZA denied the request to re-establish 8-unit apartment building  Circuit Court upheld the decision of the BZA 2017  Special Exception was denied to re-establish 8-unit apartment building Current site  Zoned R-C and within the APZ 2 of the Air Installation Compatibility Use Zones (AICUZ)  Residential uses are deemed incompatible in the APZ 1, APZ 2, and Clear Zones of the AICUZ  Zoning Ordinance states that City Council policy is that no use should be approved through the discretionary approval process (CUP) that is incompatible with Navy operations  plaNorfolk 2030 states:  “Do not support any proposed increase in intensity of uses located in incompatible noise and accident potential zones and seek opportunities to reduce the intensity of those incompatible uses.”  Request is to re-establish a five-unit multi-family residence in the existing buildings.  Units are proposed to be consolidated to take the previous eight units to five.  Waivers to development standards are requested to re-establish the multi-family use  Lot width  Form standards  Parking  Density (Photographs and schematic drawings were presented.) Planning Commission Recommendation  City Planning Commission, by a vote of 4-2, recommends denial.  Re-establishing the multi-family use conflicts with plaNorfolk 2030  Letter of opposition from the Commanding Officer of Naval Station Norfolk  Speakers in opposition City Planning Department Update  Working with General Services to construct new Development Services Center in City Hall  Obtained space for New Construction Inspectors – previously worked out of vehicles with no meeting or office space  Hired Residential Plan Review Coordinator provided in ’24 budget  Main point of contact for all one- and two-family residential development  Helps to reduce review time and improve customer service  Identifying actual and perceived regulatory hurdles  Working to improve plan review information with technology -5- Pending Plan Reviews Residential Plan Reviews: 62 Commercial Plan Reviews: 11 Resilience Briefing Presenter: Mr. Kyle Spencer, Chief Resilience Officer Resilient Norfolk Communications Progress August 2023 to Present Mr. Spencer noted that they are still out in the community doing various task force meetings, civic league meetings, etc. Beyond the flood strategy open houses, they will be setting up a media roundtable and will invite the media in to help strengthen their relationship and to communicate better with the different media groups around Hampton Roads. They also want to develop a one-flood message essentially across the city involving all departments that deal with flooding. Open House Overview Open House Objectives  Outline the necessity and benefit of the Floodplain Management Strategy to the community through a comprehensive summary of flood risk and proposed projects  Provide an opportunity for residents to give feedback on perceived flood risk and community priorities. Information Available  What causes flooding in Norfolk  Strategies for reducing flooding that will be implemented throughout the city  Proposed and completed projects  Tables hosted by city departments How is information organized? Norfolk’s Flood Strategy  Flood Risk  Types of Flooding  Floodplain Strategy Natural Resource Protection  Living shorelines  Beach and dune nourishments, preservation  Forest and vegetation management Structural Projects  National Communications Systems Regional Manager (NCSRM) focus  Dams/levees/dikes/floodwalls/seawalls  Diversions/detention/retention -6- Stormwater  Gray and Green Infrastructure  Drainage system upgrades  Reservoirs/lakes Planning & Preparedness  Planning and Zoning  Property Protection  Public Education and Awareness  Emergency Preparedness Timeline and Floor Map Resilience Timeline  Activities achieved to date to address flooding in our city. Floor Map  City of Norfolk map highlighting city-wide projects and the proposed CSRM alignment. (Rendering concept presented.) Resilient Norfolk Flood Strategy Virtual House Space Virtual background of Slover Library lobby (Rendering concept presented.) Open House Dates and Locations All Open Houses are from 5:30 – 7:30 p.m. Date & Location  Thursday, March 14 @ Southside STEM Academy at Campostella  Tuesday, March 19 @ East Ocean View Senior Center  Thursday, March 21 @ Jordan-Newby Anchor Branch Library  Monday, March 25 @ Lambert’s Point Community Center  A Virtual Open House will coincide with Open Houses- portal for information and feedback  Promotions for Open Houses begins week of February 20 (after President’s Day) -7- CLOSED SESSION Motion for closed session was approved at 4:20 p.m. for purposes which are set out in Clauses 3 and 8 of subsection (A) of Section 2.2-3711 of the Virginia Freedom of Information Act, as amended: (3) Discussion of the disposition of publicly held property in Ward 2 where discussion in an open meeting would adversely affect the negotiating strategy of the public body. (8) Discussion with legal Counsel regarding pending litigation in the Downtown area, that requires legal advice from such Counsel. AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., and Alexander NO: None -8- February 13, 2024 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, FEBRUARY 13, 2024 – 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 February 13, 2024 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 HEARINGS PH‐1 Public Hearing scheduled this day, pursuant to State Law, to hear comments Granting a Certificate of Appropriateness Authorizing Exterior Lighting, Including Landscape Lighting, at a Single-Family Dwelling Located at 542 Mowbray Arch in a Historic District. An Ordinance Granting a Certificate of Appropriateness Authorizing Exterior Lighting, Including Landscape Lighting, at a Single-Family Dwelling Located at 542 Mowbray Arch in a Historic District. - (Ordinance No. 49470) Mr. Robert Tajan, Director of Planning, provided a summary of the matter. The attorney for the appellant, Solomon H. Ashby, Jr., 150 Boush Street, spoke in opposition to this matter. The property owner, Justin Munley, 542 Mowbray Arch, spoke in support of this matter. An appellant, Georgette Constant, 532 Mowbray Arch, spoke in opposition to this matter. Jeff Abney, 539 Warren Crescent, spoke in opposition to this matter. Nichole McGill, 3701 E. Princess Anne Road, spoke in support of this matter. The attorney for the appellant, Solomon H. Ashby, Jr., 150 Boush Street, spoke in rebuttal relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 2 February 13, 2024 PH‐2 Public Hearing scheduled this day, pursuant to State Law, to hear comments on the issuance of up to $23,000,000 in Wastewater System Revenue Bonds to finance, with respect to the City's wastewater system, certain costs of acquiring, constructing and equipping capital improvements for which bond proceeds have been appropriated pursuant to the City's Capital Improvement Plan. An Ordinance Authorizing the Issuance and Sale by the City of Norfolk, Virginia of Wastewater System Revenue Bonds for Wastewater Improvements - (Ordinance No. 49471) Nichole McGill, 3701 E. Princess Anne Road, spoke in support of this matter. ACTION: Adopted [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 on the issuance of up to $22,000,000 in Storm Water System Revenue Bonds to finance, with respect to the City's storm water system, certain costs of acquiring, constructing and equipping capital improvements for which bond proceeds have been appropriated pursuant to the City's Capital Improvement Plan. An Ordinance Authorizing the Issuance and Sale of Storm Water System Revenue Bonds by the City of Norfolk, Virginia. - (Ordinance No. 49472) Nichole McGill, 3701 E. Princess Anne Road, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 3 February 13, 2024 PH‐4 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Dedication of Certain City-Owned Property at 253 Grace Street as Public Right-of-Way. An Ordinance Authorizing the Dedication of Certain City-Owned Property at 253 Grace Street as Public Right-of-Way. - (Ordinance No. 49473) 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 Temporary Construction Easement Over Property Located at 253 Grace Street and Authorizing the City Manager to Enter into an Appropriate Deed of Easement on Behalf of the City. An Ordinance Authorizing the Conveyance of a Temporary Construction Easement Over Property Located at 253 Grace Street and Authorizing the City Manager to Enter Into an Appropriate Deed of Easement on Behalf of the City. - (Ordinance No. 49474) 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 Approving a Right of Entry Permitting Virginia Arts Festival, Inc. to Go Upon and Use City-Owned Property Located at 451 Bank Street and Known as "The Green Space" for Their 2024 Season. - (Ordinance No. 49475) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 4 February 13, 2024 C‐2 Letter from the Norfolk NATO Festival requesting use of the Mace and Police Honor Guard for the 71st Anniversary of the Norfolk NATO Festival Flag Raising Ceremony and April 18, 2024 at 5:00 p.m. and for the Parade of Nations on April 20, 2024 at 10:00 a.m. Nichole McGill, 3701 E. Princess Anne Road, spoke in support of this matter. ACTION: Approved [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐3 An Ordinance directing the City Treasurer to issue a refund to HUDSON-NIA JV OF NORFOLK, INC. upon the overpayment of its Business Tangible Property Tax for the Tax Year 2023. - (Ordinance No. 49476) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐4 An Ordinance Authorizing the City Manager to Enter Into a License Agreement with Virginia Polytechnic Institute and State University Regarding the Installation, Operation and Maintenance of a Greenhouse on the City's Property Located at 2839 Dana Street. - (Ordinance No. 49477) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐5 An Ordinance Authorizing the Dedication of Certain City-Owned Property at 1200 E. Main Street as Public Right-of-Way. - (Ordinance No. 49478) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 5 February 13, 2024 C‐6 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a Religious Institution Named “Islamic Center” on Properties Located at 1442, 1434, 1516 49th Street and 1509 Melrose Parkway. - (Ordinance No. 49479) The applicant, Syed Ismail, 405 Sanctuary Court, spoke in support of this matter. John Poole, 1538 Melrose Parkway, spoke in opposition to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐7 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Restaurant with Extended Hours, the Sale of Alcoholic Beverages for Both On-Premises and Off-Premises Consumption, and Live Entertainment Named “The OV Beach Tavern” on Property Located at 9659 1st View Street. - (Ordinance No. 49480) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐8 An Ordinance Authorizing the Granting of a Right of Entry to Virginia Natural Gas Over Property Located at 253 Grace Street and Authorizing the City Manager to Enter Into an Appropriate Right of Entry Agreement on Behalf of the City. - (Ordinance No. 49481) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐9 A Resolution Providing Authorization for Norfolk Redevelopment and Housing Authority of up to $56,800,000 Multifamily Revenue Bonds for Standard Lexington Park Venture LP. ACTION: Continued [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 6 February 13, 2024 REGULAR AGENDA R‐1 An Ordinance to Amend and Reordain Subsection (b)(5) and (d) of Section 25-293 of the Norfolk City Code, 1979, so as to allow One Commercial Truck to Park per lot in Residential Driveways. ACTION: Continued Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐2 An Ordinance Granting a Conditional Use Permit to Authorize the Sale of Alcoholic Beverages for On-Premises Consumption at a Restaurant Named “Sharks on Granby” on Property Located at 4024 Granby Street. - (Ordinance No. 49482) The applicant, Shana Dandridge, 4024 Granby Street, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr. ABSTAIN: Kenneth Cooper Alexander R‐3 An Ordinance Approving an Agreement Permitting the United States Army Corps of Engineers to Go Upon Certain Rights-of-Way and Real Property Owned by the City for the Purposes of Sand Dune Restoration and Enhancing Storm Protection. - (Ordinance No. 49483) Alton Robinson, 5116 E. Princess Anne Road, had questions regarding this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 7 February 13, 2024 R‐4 An Ordinance Authorizing the Amendment to and Extension of Certain Financing Documents Related to the City of Norfolk, Virginia, General Obligation Variable Rate Demand Bonds, Series 2007. - (Ordinance No. 49484) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 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 $25,000 From Chesapeake Bay ENT Holdings, 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 400 West Brambleton Avenue For The York Street Building. - (Ordinance No. 49485) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐6 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 $359,164 From The Virginia Department of Transportation For The Lake Taylor Sidewalk Improvement Project Previously Created Under Ordinance No. 48,733. - (Ordinance No. 49486) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 8 February 13, 2024 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 $317,097 From The Department of Behavioral Health And Developmental Services For The Norfolk Community Services Board Infant And Toddler Connect Program To Provide Early Intervention Services. - (Ordinance No. 49487) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 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 $10,602 From The Department Of Behavioral Health And Developmental Services For Norfolk Community Services Board To Develop And Facilitate Peer Recovery Oriented Events. - (Ordinance No. 49488) Nichole McGill, 3701 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‐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 $331,747 From The Department Of Behavioral Health And Services Board Workforce Salary And Personnel Cost Increases, Workforce Retention And Recruitment. - (Ordinance No. 49489) Nichole McGill, 3701 E. Princess Anne Road, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 9 February 13, 2024 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 $3,500 From The Virginia Department Of Emergency Management From The Radiological Emergency Preparedness Program (REPP) To Norfolk Fire-Rescue For The Purpose Of Supporting Activities Of Local Emergency Management Agencies In Establishing, Maintaining, And Operating Emergency Plans, Programs And Capabilities To Deal With Nuclear Accidents. - (Ordinance No. 49490) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 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 $1,065,000 From Virginia Department Of Environmental Quality For Stormwater Local Assistance Fund, And Authorizing The Expenditure Of Previously- Appropriated Matching Funds In The Amount Of $1,202,500 From Virginia Department Of Conservation And Recreation Riverside Memorial Cemetery Grant And Further Authorizing The Expenditure Of Funds Previously-Appropriated In The Amount Of $75,000 In The FY2024 Capital Improvement Plan For Storm Water For the Riverside Memorial Cemetery Shoreline Restoration And The Walters Drive Shoreline Restoration Water Quality Improvement Projects. - (Ordinance No. 49491) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐12 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 $200,000 From The Department Of Housing And Community Program (Program Year 2024) To Provide Eviction Prevention Services For Households At Imminent Risk Of Eviction. - (Ordinance No. 49492) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 10 February 13, 2024 R‐13 A Resolution appointing and reappointing 28 Members to 3 Commissions, 2 Boards, and 1 Committee for Certain Terms. - (Resolution No. 1910) Nichole McGill, 3701 E. Princess Anne Road, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander NEW BUSINESS Phillip Hawkins, 3597 Mississippi Avenue, spoke regarding FY2025 funding for Parks and Recreation and the Ingleside Recreation Center. Sheray Patillo, 1841 Longdale Drive, spoke regarding the need for additional healthcare facilities. Sylvia Steele, 5649 Lowery Road, spoke regarding security related to business. Nichole McGill, 3701 E. Princess Anne Road, spoke regarding an action plan for persons living with disabilities. Donald Robertson, 4719 Woolsey Street, spoke regarding the regulation on RV’s and trailers. Bobbi Kwiatkowski, 4719 Woolsey Street, spoke regarding the regulation on RV’s and trailers. Shirley Smith, 962 Elm Street, spoke regarding the Ingleside Recreation Center. Barbara Robertson, 4719 Woolsey Street, spoke regarding the regulation on RV’s and trailers. Alton Robinson, 5116 E. Princess Anne Road, spoke regarding community issues. Tariq Jawhar, 3304 Lynnhurst Boulevard, Chesapeake, spoke regarding ceasefire in Gaza. Selma Tufan-Fylu, 4797 Kempsville Greens, Virginia Beach, spoke regarding ceasefire in Gaza. ADJOURNMENT 11

Agenda

CITY COUNCIL AGENDA Tuesday, February 13, 2024 3:30 CITY COUNCIL WORK SESSION – CITY HALL-10TH FLOOR CONFERENCE ROOM I. AGENDA OVERVIEW Patrick Roberts, City Manager II. FY 2023 END OF YEAR BUDGET PRESENTATION Pete Buryk, Budget Director III. FY 2024 MID-YEAR BUDGET REVIEW AND FINANCIAL UPDATE Pete Buryk, Budget Director IV. CITY PLANNING UPDATE Robert Tajan, Planning Director V. RESILIENCE BRIEFING Kyle Spencer, Chief Resilience Officer VI. CLOSED SESSION: • DISPOSITION OF PROPERTY Supporting Documents: • Announcement of Meeting Memos: • Pending Land Use Report • Minutes from City Council Meeting of January 23 February 13, 2024 NORFOLK, VIRGINIA DOCKET FOR THE COUNCIL TUESDAY, FEBRUARY 13, 2024 – 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 HEARINGS PH-1 Public Hearing scheduled this day, pursuant to State Law, to hear comments Granting a Certificate of Appropriateness Authorizing Exterior Lighting, Including Landscape Lighting, at a Single-Family Dwelling Located at 542 Mowbray Arch in a Historic District. An Ordinance Granting a Certificate of Appropriateness Authorizing Exterior Lighting, Including Landscape Lighting, at a Single-Family Dwelling Located at 542 Mowbray Arch in a Historic District. PH-2 Public Hearing scheduled this day, pursuant to State Law, to hear comments on the issuance of up to $23,000,000 in Wastewater System Revenue Bonds to finance, with respect to the City's wastewater system, certain costs of acquiring, constructing and equipping capital improvements for which bond proceeds have been appropriated pursuant to the City's Capital Improvement Plan. 1 February 13, 2024 An Ordinance Authorizing the Issuance and Sale by the City of Norfolk, Virginia of Wastewater System Revenue Bonds for Wastewater Improvements. PH-3 Public Hearing scheduled this day, pursuant to State Law, to hear comments on the issuance of up to $22,000,000 in Storm Water System Revenue Bonds to finance, with respect to the City's storm water system, certain costs of acquiring, constructing and equipping capital improvements for which bond proceeds have been appropriated pursuant to the City's Capital Improvement Plan. An Ordinance Authorizing the Issuance and Sale of Storm Water System Revenue Bonds by the City of Norfolk, Virginia. PH-4 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Dedication of Certain City-Owned Property at 253 Grace Street as Public Right-of-Way. An Ordinance Authorizing the Dedication of Certain City-Owned Property at 253 Grace Street as Public Right-of-Way. PH-5 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Conveyance of a Temporary Construction Easement Over Property Located at 253 Grace Street and Authorizing the City Manager to Enter into an Appropriate Deed of Easement on Behalf of the City. An Ordinance Authorizing the Conveyance of a Temporary Construction Easement Over Property Located at 253 Grace Street and Authorizing the City Manager to Enter into an Appropriate Deed of Easement on Behalf of the City. 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 Virginia Arts Festival, Inc. to Go Upon and Use City-Owned Property Located at 451 Bank Street and Known as "The Green Space" for Their 2024 Season. 2 February 13, 2024 C-2 Letter from the Norfolk NATO Festival requesting Use of the Mace and Police Honor Guard for the 71st Anniversary of the Norfolk NATO Festival Flag Raising Ceremony on April 18, 2024 at 5:00 p.m. and for the Parade of Nations on April 20, 2024 at 10:00 a.m. C-3 An Ordinance directing the City Treasurer to issue a refund to HUDSON-NIA JV OF NORFOLK, INC. upon the overpayment of its Business Tangible Property Tax for the Tax Year 2023. C-4 An Ordinance Authorizing the City Manager to Enter into a License Agreement with Virginia Polytechnic Institute and State University Regarding the Installation, Operation and Maintenance of a Greenhouse on the City's Property Located at 2839 Dana Street. C-5 An Ordinance Authorizing the Dedication of Certain City-Owned Property at 1200 E. Main Street as Public Right-of-Way. C-6 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a Religious Institution Named “Islamic Center” on Properties Located at 1442, 1434, 1516 49th Street and 1509 Melrose Parkway. C-7 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Restaurant with Extended Hours, the Sale of Alcoholic Beverages for Both On- Premises and Off-Premises Consumption, and Live Entertainment Named “The OV Beach Tavern” on Property Located at 9659 1st View Street. C-8 An Ordinance Authorizing the Granting of a Right of Entry to Virginia Natural Gas Over Property Located at 253 Grace Street and Authorizing the City Manager to Enter into an Appropriate Right of Entry Agreement on Behalf of the City. C-9 A Resolution Providing Authorization for Norfolk Redevelopment and Housing Authority of up to $56,800,000 Multifamily Revenue Bonds for Standard Lexington Park Venture LP. 3 February 13, 2024 REGULAR AGENDA R-1 An Ordinance to Amend and Reordain Subsection (b)(5) and (d) of Section 25- 293 of the Norfolk City Code, 1979, SO AS TO allow One Commercial Truck to Park per lot in Residential Driveways. (TO BE CONTINUED GENERALLY) R-2 An Ordinance Granting a Conditional Use Permit to Authorize the Sale of Alcoholic Beverages for On-Premises Consumption at a Restaurant Named “Sharks on Granby” on Property Located at 4024 Granby Street. R-3 An Ordinance Approving an Agreement Permitting the United States Army Corps of Engineers to Go Upon Certain Rights-of-Way and Real Property Owned by the City for the Purposes of Sand Dune Restoration and Enhancing Storm Protection. R-4 An Ordinance Authorizing the Amendment to and Extension of Certain Financing Documents Related to the City of Norfolk, Virginia, General Obligation Variable Rate Demand Bonds, Series 2007. 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 $25,000 From Chesapeake Bay ENT Holdings, 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 400 West Brambleton Avenue For The York Street Building. R-6 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 $359,164 From the Virginia Department of Transportation for The Lake Taylor Sidewalk Improvement Project Previously Created Under Ordinance No. 48,733. 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 $317,097 From the Department of Behavioral Health and Developmental Services for The Norfolk Community Services Board Infant and Toddler Connect Program to Provide Early Intervention Services. 4 February 13, 2024 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 $10,602 From the Department of Behavioral Health and Developmental Services for Norfolk Community Services Board to Develop and Facilitate Peer Recovery Oriented Events. 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 $331,747 From the Department of Behavioral Health and Services Board Workforce Salary and Personnel Cost Increases, Workforce Retention and Recruitment. 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 $3,500 From The Virginia Department Of Emergency Management From The Radiological Emergency Preparedness Program (REPP) To Norfolk Fire-Rescue For The Purpose Of Supporting Activities of Local Emergency Management Agencies In Establishing, Maintaining, And Operating Emergency Plans, Programs And Capabilities To Deal With Nuclear Accidents. 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 $1,065,000 From Virginia Department Of Environmental Quality For Stormwater Local Assistance Fund, And Authorizing The Expenditure Of Previously-Appropriated Matching Funds In The Amount Of $1,202,500 From Virginia Department Of Conservation And Recreation Riverside Memorial Cemetery Grant And Further Authorizing The Expenditure Of Funds Previously- Appropriated In The Amount Of $75,000 In The FY2024 Capital Improvement Plan For Storm Water For the Riverside Memorial Cemetery Shoreline Restoration And The Walters Drive Shoreline Restoration Water Quality Improvement Projects. R-12 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 $200,000 From the Department of Housing and Community Program (Program Year 2024) To Provide Eviction Prevention Services for Households at Imminent Risk of Eviction. 5 February 13, 2024 R-13 A Resolution appointing and reappointing 28 Members to 3 Commissions, 2 Boards, and 1 Committee for Certain Terms. ADJOURNMENT 6

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