City Council Agendas

NORFOLK, VIRGINIA MEETING OF COUNCIL TUESDAY, APRIL 23, 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 Resident Survey Briefing Presenter: Mr. Pete Buryk, Director of Budget Norfolk Resident Survey  Conducted resident survey in 2022 – first since 2014  Included randomized sample and open survey for all residents  922 responses were received  Results were used to help develop FY 2024 Budget Recommendations  Commitment was to survey biennially to measure progress on identified resident priorities and identify new priorities  Biennial year is 2024  Plan for spring data collection with results provided summer 2024  Results are collected by the vendor to ensure residents cannot be identified by responses 2022 Resident Survey Result  Highlights of priority concerns of residents addressed in FY 2024 Budget:  Direct Services to Residents  Neighborhood Quality  Infrastructure Maintenance and Sustainability  Public Safety 2024 Budget Provision (result of resident surveys)  Norfolk Public Library and Slover – Additional positions will increase open hours to at least 40 per week  Enhanced outdoor recreation programming  Additional park rangers and event security for youth sports events  Relocation of Norfolk Boxing to Rosna Theater  Norfolk Fitness and Wellness Center  Improve tennis courts Benchmark Dates April 2024 Survey Development – ETC Institute will work with CivicLab to update survey instrument -1-  CivicLab staff analyzed 2022 survey results and removed questions with low response or duplicate responses  Draft was shared with department heads for review  Build the online survey & test  Develop sample, based on city provided files May – June 2024 Data Collection (Random) – ETC will collect a minimum of 750 surveys (150 per Ward)  Print surveys & mail to the sample (random households) to include on-line Spanish version  Follow-up with the residents in the sample by email, text message, and postcard  Monitor distribution by Ward and demographics daily to ensure we are obtaining statistically valid results June 2024 Data Collection (Non-Random)  Once 95% of random surveys are collected, link will be open for other interested residents to take the same survey  Paper surveys will be made available in recreation centers and libraries for response  Webpage and media communication will share link information Norfolk Resident Survey Summary  Survey will be mailed to randomly selected residents who may mail survey to ETC or complete on-line in English or Spanish  Questions focus on satisfaction with city services and Norfolk as a community  Residents are asked to prioritize their top areas of concern  Survey results will:  Provide input on levels of satisfaction  Allow comparison to 2022 survey results  Allow comparison to other cities, using data from ETC national surveys  Demographic data will allow analysis by various groups of residents  Data by Ward to allow analysis of concerns/priorities by Ward Communication to the Public  Department of Communications is leading the outreach for the survey  CivicLab will coordinate schedule  Outreach information will include:  Why we are conducting the survey  What the survey includes  Who is surveyed and how residents are chosen  How to complete a survey if a resident does not receive one  Results of survey, when they become available  How the results compare to 2022 Councilwoman Royster asked staff to provide the deadline dates for mailing responses and online participation. Mr. Buryk stated he would provide that information to Council when available. City Planning Update -2-  Presenter: Mr. Robert Tajan, Planning Director Mr. Tajan reported as follows: City Planning Commission Zoning Text Amendment Mr. Tajan stated that a request was made to continue this item on tonight’s docket generally. A change was made at the state level that may affect how short-term rentals are utilized and enforced in the future. The change needs to be reviewed once it is passed by the General Assembly.  This request will restructure the verbiage and clarify requirements surrounding Short-Term Rental for Vacation Rental and Homestay requirements.  The proposed changes reflect a “cleanup” of the minor technical errors and omissions that have been identified and move performance standards for all STRs from the optional administrative registration section to the appropriate section so the standards apply to all properties. City Planning Commission Zoning Text Amendment Amendment to the Zoning Ordinance to permit the relocation of outdoor advertising signs (billboards) on the same zoning lot. Current Regulations  The following activities are permitted by the Zoning Ordinance, with a Conditional Use Permit:  Installation of a new sign  Upgrade of an existing sign to add a digital sign face, a larger sign face, or greater height, within limits  Replacement of an existing sign with a new, fully conforming sign Proposed Amendments  Add a fourth activity permitted with CUP:  Replacement of an existing, ground-mounted, nonconforming sign with a new one, on the same lot  Include the following limits:  New sign can be no more nonconforming than the existing (size and setback)  Existing sign must be removed before completion of new sign  Foundation landscaping as per code required in full  Permit City Council to reduce the 500’ minimum separation from other outdoor advertising signs, with CUP -3-  Planning Commission Recommendation City Planning Commission, by a vote of 7-0, recommends approval. Elizabeth River Project Conditional Use Permit Location  4606 Colley Avenue Existing Conditions  Existing non-conforming outdoor advertising sign Request  Conditional Use Permit to relocate the sign on the property further away from the newly constructed Pru and Louis Ryan Resilience Lab (Site plan and photograph presented) Planning Commission Recommendation City Planning Commission, by a vote of 5-0-2, recommends approval. Boil Bay Seafood Conditional Use Permit Location  5957 East Virginia Beach Boulevard Existing Conditions  Shopping center Request  Conditional Use Permit to operate a restaurant with live entertainment and on-premise alcoholic beverage sales (Photograph and site plan presented) Hours of Operation, live entertainment and the sale of alcoholic beverages on and off- premises:  12:00 non until 10:00 p.m. Sunday – Thursday  12:00 non until 11:00 p.m. Friday and Saturday Occupancy:  398 seats indoors, 0 seats outdoors, 516 total capacity Entertainment:  Live bands, karaoke Planning Commission Recommendation  City Planning Commission, by a vote of 7-0, recommends approval.  Facility is located within a shopping center and has limited hours of operation Barry Art Museum Rezoning and Conditional Use Permit Location  4200 Hampton Boulevard Existing Conditions  Museum -4-  Request  Allow the expansion of the existing museum and the operation of a banquet hall Rezoning:  From:  Conditional C-C (Community – Commercial)  To:  C-C (Community – Commercial) Conditional Use Permit:  Banquet Hall with Live Entertainment.  Alcohol beverages on premises. (Photograph, site plan, and map presented) Hours of Operation:  5:30 p.m. until 9:00 p.m. Monday through Thursday  5:30 p.m. until 10:00 p.m. Friday through Sunday Entertainment:  Live band, cultural dance, poetry readings, lectures Occupancy:  130 seats indoors, 145 total capacity Planning Commission Recommendation City Planning Commission, by a vote of 7-0, recommends approval.  Rezoning is consistent with plaNorfolk 2030  Limited hours of operation American Legion Post 327 Conditional Use Permit Location  705 Lesner Avenue at the southeast corner of Tidewater Drive and Lesner Avenue Existing Conditions  Commercial Request  Conditional Use Permit to allow for an electronic changeable copy sign (alternative signage) (Map and photograph presented) Planning Commission Recommendation City Planning Commission, by a vote of 6-1, recommends approval as amended.  One Commissioner voted no on the application citing the intent of the Zoning Ordinance for alternative signage for “Large scale land uses with common design elements”  Commission amended conditions to alter landscaping required and to specify the location and size of the electronic changeable copy sign Councilman Smigiel stated that several vape shops in the surrounding area have an overabundance of LED lights and may be violating the 30% window coverage rule. Mr. Tajan stated that staff will investigate the shops. -5-  Mr. Tajan stated that the Planning department continues to amend and improve processes. They have improved and streamlined the permitting process for repair and alteration permits. They are also working with stakeholders to look for more ways to streamline processes and to improve on communications, as well. Councilman Paige asked Council to consider if Boil Bay Seafood City’s request could be setting a precedent for all restaurants to request adding entertainment. Councilwoman McClellan stated that the next meeting of the short-term rental study group is set for May 2nd. She thanked the staff for their hard work. Councilwoman Royster stated that the To C or Not to CUP seminar will be held on May 3rd from 9 a.m. to 12:30 p.m. at the Slover Library. Representatives from Planning, DEI, Economic Development, Commissioner of the Revenue, and City Treasurer will participate. Councilwoman McClellan asked if the seminar can be recorded for citizens who might not be able to attend. Mr. Tajan stated that this is planned be a recurring event like the business cafés. Budget Work Session Norfolk City Council Mr. Roberts stated after input from Council and from the public some changes have been made. Mr. Buryk reported on adjustments as follows: Operating Budget  Fire-Rescue Re-grades  Commercial Corridor Program funding  Vision Zero Program funding  Neighborhood Signs/Historical Markers Maintenance  Cultural Facilities Box Office Supervisor Councilwoman Royster and Councilwoman Johnson stated that citizens need to be informed about the process for obtaining historical markers. Councilman Paige stated that the historical marker at Campostella Heights needs to be repaired. Councilman Smigiel asked if insurance claims are being filed to replace neighborhood signs and trees that are damaged by motorists. Councilman Paige asked to consider a COLA for city retirees. Councilwoman McClellan asked to increase the cap for senior tax relief to $30,000. Regarding flooding projects, Councilwoman McClellan asked for a more comprehensive assessment showing what our needs are versus what has been met and not met. She -6-  suggested creating an online diagram so it is clear to the residents where their tax dollars are being spent. Councilman Smigiel suggested we add a diagram that shows our residents how other projects are prioritized such as recreation centers, transportation projects, open space, etc. Capital Budget  Coastal Storm Risk Management (CSRM) Project  Reduce FY 2025 from $73.85 million to $25 million  Reduce FY 2026 from $93 million to $46 million  Continue to engage Commonwealth on additional funding commitment  Continue to refine overall project funding needs and timing Mr. Buryk stated additional funding for an ongoing stormwater project in East Ocean View was not provided in the proposed FY 2025 budget. However, after further discussions with staff and the community, funding will be provided from this current fiscal year. The Department of Utilities will be working on a project on 5th Bay Street already and they want to avoid having to reopen the road and disturbing that community again later on. Staff are working to finalize the funding solution and will bring an amendment before Council. Next Steps  Budget Reconciliation – April 30 at The Slover (Council retreat)  Real Estate Re-Assessment Public Hearing – April 30, 5 p.m. at The Slover  Council considers FY 2025 Budget ordinances – May 14  Start FY 2025 – July 1 CLOSED SESSION Motion for closed session was approved at 4:20 p.m. for purposes which are set out in Clause 3 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 the Larchmont area of the City of Norfolk where discussion in an open meeting Would adversely affect the negotiating strategy of the public body. Yes: Doyle, Johnson, Paige, McClellan, Royster, Smigiel, Thomas and Alexander. No: None. City Council returned to an open meeting at 4:50 p.m. Councilman Smigiel asked that in future years the Real Estate reassessment hearing be scheduled for a later time so that more residents can attend. -7- Councilman Paige asked as we move forward that the budget be utilized fairly and equitably to all Wards across the city. Councilwoman Royster asked that flooding issues for 35th Street and streets in Lamberts Point be evaluated and addressed. Councilwoman Royster asked to consider our gateways and business corridors at Church Street and Tidewater Drive as we look at economic development. She asked that Council and staff consider how funding can assist existing businesses and attract new businesses and to continue to add vibrancy to all neighborhoods. She stated we need to continue partnerships for educational opportunities, entrepreneurship, and innovations and to ensure we have a workforce who are capitalizing on those opportunities. Councilwoman Johnson stressed the importance of the Vision Zero initiative. Councilwoman Johnson asked that Council work with Norfolk Public Schools on getting Richard Bowling Elementary School returned to the city. Councilman Smigiel stated it is important to continue meeting with school board members and to show support for the consolidation plan recommended by Cooperative Strategies, the consultant hired by NPS. It is estimated that by 2030, the school system will have 13,000 less students with an estimated cost savings of $80 million annually. We also need to continue to ask the state to do their share in helping with school maintenance and school construction and continue to include those requests in our legislative package. Councilman Smigiel stated that Cooperative Strategies also recommended the K-8 model that some cities are moving to for more efficiency. Councilwoman Johnson stated that the K-8 model does not work in all neighborhoods and that for some students it is important for them to have that middle school experience. Mayor Alexander suggested scheduling a retreat with the school board. He echoed his colleagues and stated that part of the discussion should include to look at different models and how that will coincide with closing some schools. Councilwoman McClellan echoed Mayor Alexander that a retreat with the school board. In addition, if we are to have fewer schools, we must look at the transportation piece, as well, to ensure we have enough bus drivers, staff, technology, etc. Vice Mayor Thomas stated that Council has asked for a closing and consolidation plan for the last eight years at every single joint meeting and the school board still has not provided it. The school administration has done their part and it is time for the current school board to step up and do their part. Councilman Paige stated that bullying is a huge problem in schools in Ward 4. He cited a recent incident that occurred at William H. Ruffner Academy. -8- Councilwoman Royster stated citizens need to see the actual data that supports closing a school. That data should include a breakdown of costs associated with operating a school at full capacity versus decreased capacity. Councilwoman Doyle stated that Council needs to encourage the school board and NPS administration to accelerate their work on Maury High School. Councilman Smigiel asked for an accounting and status of CIP projects that were funded in last year’s budget but have not been completed such as the gateway projects for Ocean View and downtown. He added that the ARPA dashboard needs to be updated because the status of those projects is not accurate. Councilman Smigiel asked to revisit the automatic annual increase in the HRUBS bill to see if it is appropriate. Councilwoman Johnson asked to look into using electronic meter reading. Councilman Smigiel stated that $6 million was dedicated to resurfacing in this year’s budget and he asked for the status of those projects. Councilman Smigiel asked that Council consider if work to Scope and Chrysler Hall needs to be done at the same time or could some of that funding be used for neighborhood projects. He also suggested that money be spent equitably in all Wards. He stated that citizens want to see profits from projects like these being reinvested back into their neighborhoods. -9-  April 23, 2024 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, APRIL 23, 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 and Budget Hearing. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 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  April 23, 2024 CEREMONIAL MATTER A Proclamation declaring Saturday, April 27, 2024, American Legion Family Day in the City of Norfolk. The Mayor presented the following Proclamation: WHEREAS, a staunch advocate for veterans and their families, The American mentoring youth, sponsoring community programs, and promoting continued devotion to our fellow service members and veterans; and WHEREAS, The American Legion was founded on the four pillars of: Veterans Affairs & Rehabilitation, National Security, Americanism, and Children & Youth programs; and WHEREAS, since 1947, The American Legion Tidewater Post 327 has been our community, and providing programs and scholarships for children and their families; and WHEREAS, the National Executive Committee of The American Legion passed annually on the last Saturday of April and urges all members of The American Legion, the American Legion Auxillary, the American Legion Riders, and the Sons of The American Legion, known collectively as The American Legion Family, to observe and honor this day. NOW THEREFORE, I, Kenneth Cooper Alexander, Mayor of the city of Norfolk, do hereby proclaim, Saturday, April 27, 2024 as AMERICAN LEGION FAMILY DAY in the City of Norfolk and call upon our citizens to join in observing this day, taking time to celebrate all the good deeds and works of the American Legion Family. PUBLIC HEARINGS PH-1 Public Hearing scheduled this day, pursuant to State Law, on the application of the CITY PLANNING COMMISSION, to Amend Sections 4.2.3 and 4.3.3 of the Norfolk Zoning Ordinance to Make Technical Revisions to Regulations for Short- Term Rental Uses. An Ordinance to Amend Sections 4.2.3 and 4.3.3 of the Norfolk Zoning Ordinance to Make Technical Revisions to Regulations for Short-Term Rental Uses. ACTION: Continued Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 2  April 23, 2024 PH-2 Public Hearing scheduled this day, pursuant to State Law, on the application of the CITY PLANNING COMMISSION, to Amend Sections 5.7.8.A and 5.7.8.E of the Norfolk Zoning Ordinance to Allow for the Relocation of a Nonconforming Billboard to a New Location on the Same Zoning Lot when Authorized by a Conditional Use Permit. An Ordinance to Amend Sections 5.7.8.A and 5.7.8.E of the Norfolk Zoning Ordinance to Allow for the Relocation of a Nonconforming Billboard to a New Location on the Same Zoning Lot when Authorized by a Conditional Use Permit. - (Ordinance No. 49547) Marjorie Mayfield Jackson, Executive Director of ERT, 4619 Colley 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 PH-3 Public Hearing scheduled this day, pursuant to State Law, on the application of the BARRY ART MUSEUM, to Rezone Property to remove Conditions on Property Zoned Conditional C-C (Community - Commercial) District and for a conditional use permits to Authorize the Operation of a Banquet Hall, Live Entertainment, and the Sale of Alcoholic Beverages for On Premises Consumption on Property Located at 4200 Hampton Boulevard. An Ordinance to Rezone Property Located at 4200 Hampton Boulevard in Order to Remove Conditions on Property Zoned Conditional C-C (Community - Commercial) District. - (Ordinance No. 49548) PH-3A 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 y Located at 4200 Hampton Boulevard. - (Ordinance No. 49549) The project real estate agent, Tara Saunders, 1043 S. Lexan Court, and the project architect, Nicole Warmsley, 222 Central Park Drive, Suite 1610, were present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 3  April 23, 2024 PH-4 Public Hearing scheduled this day, pursuant to State Law, to hear comments e Authorizing the Sale and Conveyance to Castles & Cottages Construction Company LLC of that Certain Parcel of Property Located at 738 E. 28th Street in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to Castles & Cottages Construction Company LLC of that Certain Parcel of Property Located at 738 E. 28th Street in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. - (Ordinance No. 49550) 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 Sale and Conveyance to R&HH Enterprise, LLC of that Certain Parcel of Property Located at 1345 Lead Street in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to R&HH Enterprise, LLC of that Certain Parcel of Property Located at 1345 Lead Street in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. - (Ordinance No. 49551) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 4  April 23, 2024 PH-6 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to Modern Design Builders LLC of that Certain Parcel of Property Located at 1352 Lead Street in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to Modern Design Builders LLC of that Certain Parcel of Property Located at 1352 Lead Street in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. - (Ordinance No. 49552) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH-7 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to Modern Design Builders LLC of that Certain Parcel of Property Located at 1507 Manson Street in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to Modern Design Builders LLC of that Certain Parcel of Property Located at 1507 Manson Street in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. - (Ordinance No. 49553) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 5  April 23, 2024 PH-8 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to R&HH Enterprise, LLC of that Certain Parcel of Property Located at 1347 Marshall Avenue in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to R&HH Enterprise, LLC of that Certain Parcel of Property Located at 1347 Marshall Avenue in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. - (Ordinance No. 49554) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH-9 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to Jay Investment Corporation of that Certain Parcel of Property Located at 1400 Marshall Avenue in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to Jay Investment Corporation of that Certain Parcel of Property Located at 1400 Marshall Avenue in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. - (Ordinance No. 49555) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 6  April 23, 2024 PH-10 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to Big Squirrel, LLC of that Certain Parcel of Property Located at 1511 Selden Avenue in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to Big Squirrel, LLC of that Certain Parcel of Property Located at 1511 Selden Avenue in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. - (Ordinance No. 49556) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH-11 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to Getting It Done Construction, LLC of that Certain Parcel of Property Located at 934 Pollard Street in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to Getting It Done Construction, LLC of that Certain Parcel of Property Located at 934 Pollard Street in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. - (Ordinance No. 49557) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 7  April 23, 2024 PH-12 Public Hearing scheduled this day, pursuant to State Law, to hear comments Amending Ordinance No. 49,223 to Accept and Appropriate Additional Grant Funds in the Amount of $14,374,488 for Grant Funds Totaling $80,990,335 to The School Board of The City of Norfolk for Grants, Other Special Programs, and The School Nutrition Services Program and Authorizing the Expenditure of the Funds in Fiscal Year 2024 for Norfolk Public Schools. An Ordinance Amending Ordinance No. 49,223 To Accept And Appropriate Additional Grant Funds In The Amount Of $14,374,488 For Grant Funds Totaling $80,990,335 To The School Board Of The City Of Norfolk For Grants, Other Special Programs, And The School Nutrition Services Program And Authorizing The Expenditure Of The Funds In Fiscal Year 2024 For Norfolk Public Schools. - (Ordinance No. 49558) 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 a Development Certificate, With Waivers, to Permit Enhancements to the Cruise Ship Terminal on Property Located at 1 Waterside Drive. - (Ordinance No. 49559) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 8  April 23, 2024 C-2 An Ordinance Granting a Conditional Use Permit Authorizing the Relocation of an Existing, Nonconforming Billboard on the Same Zoning Lot, Located at 4606 Colley Avenue. - (Ordinance No. 49560) Marjorie Mayfield Jackson, Executive Director of the Elizabeth River Trail, 4619 Colley 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 C-3 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Restaurant with Live Entertainment and the Sale of Alcoholic Beverages for On- East Virginia Beach Boulevard, Suite 4. ACTION: Continued Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-4 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a - (Ordinance No. 49561) 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 Short-Term Rental Units (Vacation Rental) on Property Located at 902 West Ocean View Avenue. - (Ordinance No. 49562) The attorney for the applicant, Christina Lollar Savage, 109 E. Main Street, Suite 501, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 9  April 23, 2024 C-6 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 9633 19th Bay Street. - (Ordinance No. 49563) The applicant, Sovat Chheang, 9633 19th Bay Street, 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 a Short-Term Rental Unit (Vacation Rental) on Property Located at 9415 Atlans Street. - (Ordinance No. 49564) Ryan Chapman, 1004 Warnoca Avenue, spoke in opposition 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 Short-Term Rental Bay Street. - (Ordinance No. 49565) 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 9287 1st View Street. - (Ordinance No. 49566) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 10  April 23, 2024 C-10 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 570 West Ocean View Avenue. - (Ordinance No. 49567) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-11 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 900 West Ocean View Avenue. - (Ordinance No. 49568) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-12 An Ordinance Approving a Right of Entry from Norfolk Redevelopment and Housing Authority to the City of Norfolk Over That Certain Parcel of Real Property Designated as Block G and Located at the Southeast Corner of E. Charlotte Street and Walke 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. 49569) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-13 An Ordinance Permitting CH Office, LLC to Encroach into the Rights-of-Way of Granby Street and 21st Street Near 2014 Granby Street with Awnings. - (Ordinance No. 49570) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 11  April 23, 2024 C-14 An Ordinance Approving a Right of Entry Agreement Between the City of Norfolk and First Baptist Church of Norfolk, Inc. for Use of the Parking Lot Located at 698 Saint Paul's Boulevard on Various Dates for a Community Farmers Market, and Authorizing the City Manager to Execute the Right of Entry on Behalf of the City. - (Ordinance No. 49571) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-15 An Ordinance directing the City Treasurer to issue a refund to CMA CGM (America) LLC based upon the overpayment of its Business Tangible Property Tax for the Tax Years 2020, 2021, 2022 and 2023. - (Ordinance No. 49572) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C-16 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. - (Ordinance No. 49573) The attorney for the applicant, Tim Trant of Kaufman and Canoles was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 12  April 23, 2024 REGULAR AGENDA R-1 An Ordinance Granting a Conditional Use Permit to Authorize Alternative Signage on Property Located at 705 Lesner Avenue. - (Ordinance No. 49574) The applicant, Derrick Johnson, 705 Lesner Avenue, spoke in support of this matter. The president of Crossroads Civic League, Sheri Hogue, 8000 Westcliff Drive, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R-2 An Ordinance Authorizing the Dedication of Certain City-Owned Property Located at 6525 Hampton Boulevard as Open Space. - (Ordinance No. 49575) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander NEW BUSINESS The following individuals spoke in support of the C.L.E.A.N. Youth Organization initiatives: Jacob Daniels of Blair Middle School Joshua Daniels of Blair Middle School Janet Montgomery of Maury High School Fred Basnight, 915 Nelson Street, spoke regarding public safety and budget requests from Beacon Light Civic League. Christie Banks, 306 Whitehead Avenue, spoke regarding public safety and budget requests from Beacon Light Civic League. Susan Matousek of Oakdale Farms, spoke regarding school bus drivers, police, and funding. Tiara Lassiter, 3055 Sewell Point Road, spoke regarding creating a dashboard for the timeline of families returning to Tidewater Gardens. Jamaica Jones, 3307 Bapaume Avenue, regarding new construction on Widgeon Road and Tidewater Drive. 13  April 23, 2024 The following individuals spoke regarding a ceasefire in Gaza: Angela Stevens, 1701 Parkview Avenue Sally Gudas, 9419 Selby Place Saher Mirza, 3940 Meetinghouse Road, Virginia Beach Tariq Jawhar, 3304 Lynnhurst Road, Chesapeake Amanda Mileur, 115 E. 41st Street Steve Baggarly, 2616 Bowdens Ferry Road Naomi Lederman, 117 E. Severn Road ADJOURNMENT 14