City Council Agendas

NORFOLK, VIRGINIA MEETING OF COUNCIL TUESDAY, MAY 28, 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. Andria P. McClellan, Mr. John E. Paige, Ms. Danica Royster, and Vice Mayor Martin A. Thomas Jr. Mrs. Mamie B. Johnson and Mr. Thomas R. Smigiel Jr., were absent. AGENDA Eastern Virginia Regional Industrial Facility Authority (EVRIFA) Presenters: Mr. Michael Paris, Assistant Director, Norfolk Economic Development Mr. Doug Smith, President and CEO, Hampton Roads Alliance Mr. Jim Noel, Director, Eastern Virginia Regional Facility Authority Mr. Steve Meade, Esq., Carney Patterson Meade PLC Mr. Paris stated that staff have reviewed and support the initiative. It was presented to the Economic Development Authority (EDA) in June of 2022 and they were supportive, as well. Mr. Smith stated five years ago, business expansion was not a part of the Hampton Roads Alliance. However, they have changed their mission and model and funding mechanisms. The Hampton Roads Alliance annual report is available online at HamptonRoadsAlliance.com. Mr. Smith stated the Hampton Roads Alliance works well with the Norfolk economic team. He noted that the regional team of economic development directors elected Mr. Sean Washington to represent them on the Hampton Roads Alliance Board this year. Mr. Smith stated that Norfolk’s business retention and expansion program is equal to all others in the region. He noted that the Norfolk City Council has worked on a number of regional projects addressing sea level rise, transportation projects, affordable housing, broadband, etc. What is a RIFA?  A cooperative agreement between localities  Regional Industrial Facility Authority is a mechanism created by Virginia statute for localities in the same region to cooperate in the development of facilities and then share in the revenue generated by such development.  There are 11 other RIFAs in Virginia.  Mostly in the western portion of the state. EVRIFA History  The Secretary of the Commonwealth formally recognized creation of the EVRIFA on December 18, 2018. -1-   Act – Virginia Regional Industrial Facilities Act, Chapter 64, Title 15.2, Section 15.2-6400. Et seq., Code of Virginia  The Peninsula communities initially formed the organization.  York County spearheaded the initial project  Hampton served as the Fiscal Agent  Newport News served as support staff  In 2022, the Hampton Roads Alliance took over as the managing entity, fiscal agent, and support staff. EVRIFA Members Founding Members  City of Hampton  City of Newport News  City of Poquoson  City of Williamsburg  Gloucester County  James City County  York County Joined Since Inception  City of Chesapeake  City of Franklin  City of Virginia Beach  Isle of Wight County EVRIFA Board of Directors – Each Member Locality appoints two Board members and two alternates. Mr. Noel reported as follows: EVRIFA Governing Board 2024 Officers  Mr. David Meeker, Gloucester, Chairman  Mr. Harold Philipsen, Williamsburg, Vice Chair  Mr. Howard Hoege, Newport News, Treasurer  Mr. David Hux, Poquoson, Secretary EVRIFA Management August 2022, EVRIFA executed a MOA with the Hampton Roads Alliance  The Alliance serves as the administrative and managerial support arm of the organization  The EVRIFA’s purpose aligns perfectly with the Alliance’s regional economic development mission Operation Dues Communities with more than 50K population: $4,000 Communities with less than 50K population: $2,000  Adoption requires approval by the governing bodies of the Member Localities: audit; insurance; etc. -2-  Initial “joining fee” applies to all Member Localities ($2,500 for large; $1,250 for small).  The Hampton Roads Alliance did not charge a fee to assume management of the EVRIFA. Individual Project Participation Agreements  Require approval by the governing bodies of the Member Localities who elect to participate and require separate funding from participating members. Member Localities pay a base fee for operational dues and can choose to participate in individual projects. EVRIFA Revenue Sharing  Member Localities may agree to a revenue and economic growth sharing arrangement with respect to tax revenues and other income and revenues generated by any facility owned by the Authority.  Requires approval by the governing body of the Member Locality for the site.  Any such agreement shall be approved by a majority vote of the governing bodies of the Member Localities reaching such an agreement but shall not require any other approval. EVRIFA Project Participation  Each Member Locality may consider participation in individual facilities or projects.  The cost for such projects, and any remuneration from a project, shall only be shared by those Member Localities that join in the Participation Agreement for that project.  There is no requirement to participate in each project and no penalties or adverse consequences to a Member Locality that does not participate.  EVRIFA has one active project – Kings Creek Commerce Center Kings Creek Commerce Center  First EVRIFA project, acquisition of 432 acres of state surplus property in York County  Closed on property December 2021, funding for property acquisition secured by leasing 250 acres for a 20MW solar project  Secured GO Virginia grant for site preparedness engineering work that is underway  Alta Survey  Geotechnical investigation  Master planning potential site layout and utilities (Map of development areas presented) Participating Localities Annual Contribution City of Hampton $5,000 Isle of Wight County $5,000 City of Newport News $5,000 City of Poquoson $2,500 City of Williamsburg $10,000 York County $20,000 -3-  Example Future Project: The EVRIFA Board votes to acquire property in a member Community Option A: Norfolk chooses to participate  Norfolk would determine the percentage of the cost they would like to take on for the acquisition and associated development costs.  Once a project is sited on the property, the city would receive that same percentage of the revenue earned back on a continuous basis. Option B: Norfolk chooses not to participate  Norfolk would not sit on the subcommittee for the project in question.  Norfolk would still sit on the EVRIFA Board and can choose to join or not join future projects. Next Steps: Council passes a resolution for Norfolk to become a member RIFA passes a resolution approving Norfolk’s membership Council appoints representation (2 members and 2 alternates) Mayor Alexander stated that a locality’s ability to choose to participate based on the project is important because whoever negotiates the project may negotiate some of the taxes away through rebate, incentives, or grants, and the organization may not realize the taxes for 10 or 15 years based on that project. Mayor Alexander stressed that Norfolk needs to have someone on the Hampton Roads Alliance that is focused on urban cities, not just land-rich counties. Norfolk is 97% developed; however, there are technology and innovation zones, urban corridors, business districts, and commerce and corporate business parks. Mr. Meade stated that “industrial” is really just the name from the Act and the statute. He added that the name sounds restrictive, but it allows you to do virtually anything including residential, commercial, entertainment, or recreation. It’s very broad in the uses that can be brought. Councilwoman McClellan stated that the entry cost is very low and this is a great opportunity. She echoed Mayor Alexander that there need to be more opportunities than just in industrial, land-rich areas. She stated that there are regional projects the city would like to invest in and it would be helpful to have regional partners for projects in which they all benefit. Councilwoman Doyle suggested moving forward with regional opportunities. Councilman Paige echoed his colleagues that Norfolk needs to be a regional participant. Recap of Recent Cruise Activity Presenter: Mr. Stephen Kirkland, Executive Director, Nauticus Mr. Kirkland reported as follows: -4-  Baltimore Incident Cruise Support  11 unscheduled cruise ship calls  46,673 passengers (embark & debark)  481 buses to/from Baltimore  Nearly 100,000 pieces of luggage  Full support from City departments, maritime community, and others Half Moone Enhancements  Schedule not impacted by Baltimore ships  Demolition begins in June  Phase 1 Construction (passenger ramp & customs and border protection) begins in August  Additional seating and front loop construction phased later (may take place concurrently alongside 2025 ship calls) Next Steps  Princess Cruises in June  Creating a Cruise Culture  New logo, branding, & presence (ongoing)  Pre/post package development (June)  Business/hotel/tourism engagement (ongoing)  Front line training (Fall)  Cruise staff community outreach (Fall) Nauticus Reimagined  Project complete this November  Five new permanent exhibit galleries:  Design/Build/Sail (STEM)  Our Port (Jobs/Careers)  Heart of the Navy (Family/Norfolk)  Aquaticus (Young Learners)  Norfolk In Time (Resiliency) Councilwoman Doyle suggested that Mr. Kirkland and his team start reaching out now to our businesses so they recognize the impact of year-round cruise passengers and staff who will need accommodations, shopping, restaurants, etc. We need to get in front of this to ensure its success. Mr. Kirkland stated that they are working with VisitNorfolk, the Downtown Norfolk Council, and others. Councilwoman McClellan added as relates to regionalism, they should also promote packages that include excursions to Williamsburg, Virginia Beach, the Dismal Swamp, etc. Mayor Alexander asked that Mr. Kirkland and Mr. Roberts consult about adding staff who can address the logistics and facets of entertainment, lodging, meals, transportation, excursions, retail, etc. -5-  Councilman Paige stated that the Selden Arcade is an appropriate place to sell souvenirs, tee shirts, and emblems of Norfolk. He suggested we also pay homage to the successful athletes from our area. CLOSED SESSION Motion for closed session was approved at 4:20 p.m. for purposes which are set out in Clauses 3, 8, 29 and 29 of subsection (A) of Section 2.2-3711 of the Virginia Freedom of Information Act, as amended: (3) Discussion of the disposition of real property in Ward 2 where discussion in an open meeting would adversely affect the negotiating strategy of the public body. (8) Consultation with legal counsel regarding a matter requiring the provision to provide legal advice by such counsel. (29) Discussion of a public contract involving the expenditure of public funds in Ward 1 where discussion in an open session would adversely affect the negotiating strategy of the public body. (29) Discussion of a public contract involving the expenditure of public funds in Ward 2 on West Virginia Beach Boulevard, where discussion in an open session would adversely affect the negotiating strategy of the public body. Yes: Doyle, McClellan, Paige, Royster, Thomas and Alexander. No: None. Absent: Johnson and Smigiel -6-  May 28, 2024 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, MAY 28, 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 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 Absent 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, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. 1  May 28, 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, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. PUBLIC HEARINGS PH‐1 Public Hearing scheduled this day, pursuant to State Law, on the application of CHRIS SANDERS, for a change of zoning to amend the proffered conditions for property zoned O (Office) at 120, 130, 140, 150, 220, 227, 230, 240, 241 Corporate Boulevard, and (GPI #14557224959) ES Corporate Boulevard. An Ordinance to Rezone an Unaddressed Parcel Located West of South Military Highway and East of Corporate Boulevard Having GPIN 14557224959 in Order to Change Conditions on Property Zoned Conditional O (Office) District. - (Ordinance No. 49603) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. PH‐2 Public Hearing scheduled this day, pursuant to State Law, on the application of the CITY PLANNING COMMISSION, for a zoning text amendment to the Norfolk Zoning Ordinance to correct inconsistencies and fix clerical errors. An Ordinance to Amend the Norfolk Zoning Ordinance so as to Clarify where Certain Uses May be Permitted either by Right or by Conditional Use Permit, Adjust Requirements for Buffers, Screening, Fences, and Accessory Structures, Accommodate Taller Ground Signs, Expand an Exemption from Certain Form Standards for Large Lots, Identify Definitions for Open Space Set Asides, and Correct Syntax for Regulations Relating to the Abandonment of a Nonconforming Use. - (Ordinance No. 49604) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. 2  May 28, 2024 PH‐3 Public Hearing scheduled this day, pursuant to State Law, on the application of TD CROWN VENTURES, for a rezoning from SF-4 (Single family-4) to Conditional SF-10 (Single family-10) at 5828 Chambers Street. An Ordinance to Rezone Property Located at 5828 Chambers Street from SF-4 (Single Family Residential) District to Conditional SF-10 (Single Family Residential) District. - (Ordinance No. 49605) The applicant, Thomas Burke Jr, 3300 McNeal Avenue, Chesapeake, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. PH‐4 Public Hearing scheduled this day, pursuant to State Law, to hear comments Approving a Lease Agreement with The Virginia Opera Association, Inc. For the Lease of a Portion of the Office Space Located Within the Civic Arena Building Adjacent to the Harrison Opera House at 160 W. Virginia Beach Boulevard and Approving an Agreement for Repayment of Past Due Lease Debt. An Ordinance Approving a Lease Agreement with The Virginia Opera Association, Inc. for the lease of a portion of the office space located within the Civic Arena Building adjacent to the Harrison Opera House at 160 W. Virginia Beach Boulevard and approving an Agreement for Repayment of Past Due Lease Debt. ACTION: Continued [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. 3  May 28, 2024 REGULAR AGENDA R‐1 An Ordinance Granting a Conditional Use Permit to Authorize a Change from One Nonconforming Use to Another Nonconforming Use on Property Located at 761 and 765 West 48th Street. - (Ordinance No. 49606) The following spoke in support of this matter: The applicant, Erick Pinzon, 765 W. 48th Street Holly White, 771 48th Street Darren Willis, 791 48th Street Robert Bodvake of Disruptor Maritime LLC, 7424 Gleneagles Road Dale Ryder, President of Highland Park Civic League, 824 W. 49th Street ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. R‐2 An Ordinance Granting 3910 Granby Holdings, LLC Permission to Encroach into the Right-of-Way at 3900-3910 Granby Street With a Marquee. - (Ordinance No. 49607) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. R‐3 An Ordinance Approving a Right of Entry Agreement Between the City of Norfolk and Care Access Research LLC for Use of the Parking Lot Located at 698 Saint Paul's Boulevard for a Blood Drive and Authorizing the City Manager to Execute the Right of Entry on Behalf of the City. - (Ordinance No. 49608) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. 4  May 28, 2024 R‐4 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 3622 East Ocean View Avenue. The applicant, Alyssa Puntel, 444 E. Gilpin Avenue, spoke in support of this matter. The applicant, Anthony Puntel, 444 E. Gilpin Avenue, spoke in support of this matter. Sierra Alderman, 2333 Dominion Avenue, spoke in support of this matter. Curtis Rowan, 3609 Bayside Avenue, spoke in opposition to this matter. ACTION: Motion Lost [2 to 4] AYES: McClellan, Royster NAYS: Doyle, Paige, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. R‐5 The Third Ordinance amending and reordaining the Fiscal Year 2024 Compensation Plan Ordinance to revise Section 6 of its Regulations by adding the Public Safety Telecommunicator Retention Bonus Program. - (Ordinance No. 49609) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. R‐6 An Ordinance to Amend and Reordina the Norfolk City Code, 1979, so as to Update the Names of Some Departments and the Title of the Director of the Zoo; to Establish the Cemeteries as a Division of the Department of Parks and Recreation; and to Update the Responsibilities of the Department of Budget and Strategic Planning - (Ordinance No. 49610) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. 5  May 28, 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 $22,000 From The Norfolk Community Trust To Support The Norfolk Community Services Board's Clothes Closet That Provides Direct Benefit To Its Clients. - (Ordinance No. 49611) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. R‐8 An Ordinance Amending The FY2024 Annual Appropriations Ordinance (No. 49,220) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $2,000 From The Virginia Department Of Behavioral Health And Developmental Services Substance Abuse Block Grant To Prevent Substance Use Disorders Through Information Dissemination, Education, Alternatives, Problem Identification And Referral, And Community Involvement, If And When Received. - (Ordinance No. 49612) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. 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 $4,477 From The Virginia Department Of Behavioral Health And Developmental Services To Support The Norfolk Community Services Board Workforce Dedicated To Providing Community Mental Health Services, If And When Received. - (Ordinance No. 49613) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. 6  May 28, 2024 R‐10 An Ordinance Granting Elite MGMT Church Street, LLC Permission to Encroach into the Rights-of-Way of 24th Street and 25th Street With Portions of the Existing Structure Located at 211 E. 25th Street. - (Ordinance No. 49614) ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Thomas Jr., Alexander ABSENT: Johnson, Smigiel Jr. NEW BUSINESS Steven Ray, 999 Waterside Drive, spoke regarding the Vista organization and repurposing commercial properties. Shawnice Hernandez, 5536 Deepdale Drive, spoke regarding Project ORF upcoming community engagement activities and mental health programming. Margaret Marinelli, 8911 Stratford Street, spoke regarding abandoned real estate and wetlands. The following spoke regarding Yes In My Back Yard (YIMBY) efforts: Gillian Pressman, 3615 Newport Avenue Grayson Orsini, 412 Westover Mews Jordan Crouthamel, 824 Brandon Avenue Paul Rice, 1032 Redgate Avenue Natalie Williams, 1614 Hampton Boulevard Liam Rowell, 817 Manteo Street Seth Quick, 1429 Maharis Road, Virginia Beach Rebecca Brown, 2900 Tarrant Street The following spoke regarding ceasefire in Gaza: Austin Martir, 4165 Rainbow Drive, Virginia Beach Tariq Jawhar, 304 Lynnhurst Boulevard, Chesapeake Kaumonie Taylor, 6440 Crescent Way Sally Gudas, 9419 Selby Place Jordan Stokes, 3330 Argonne Avenue Amanda Mileur, 115 E. 41st Street John Long, 3416 Lens Avenue ADJOURNMENT 7