City Council Agendas

NORFOLK, VIRGINIA MEETING OF COUNCIL TUESDAY, JUNE 11, 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 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: (8) Consultation with legal counsel regarding a matter which requires advice of such counsel. (19) Discussion of plans to protect public safety, where discussion in an open meeting would jeopardize the discussion of reports or plans related to the security of any governmental facility or safety of persons. (3) Discussion of the disposition of publicly held real property in the Downtown area, where discussion in an open meeting would adversely affect the negotiating strategy of the public body. (29) Discussion of the award of a public construction contract involving public funds where discussion in an open session would adversely affect the negotiating strategy of the public body. (3) Discussion of the acquisition of real property in the Park Place area where discussion in an open meeting would adversely affect the negotiating strategy of the public body. (1) Discussion of prospective candidates for boards, commissions, committees, and authorities. Yes: Doyle, Johnson, McClellan, Paige, Royster, Smigiel, Thomas and Alexander. No: None. -1-  Hampton Roads Transit Cost Allocation Presenters: Mr. William Harrell, President and CEO, Hampton Roads Transit Mr. Ray Amoruso, Chief Planning and Development Officer, Hampton Roads Transit Mr. Conner Burns, Chief Financial Officer, Hampton Roads Transit Ms. Angela Glass, Director of Budget and Financial Analysis, Hampton Roads Transit Mr. Harrell reviewed key points as follows: Traditional vs. Strategic Allocation What is considered “Traditional” Allocation? 1. The distribution of federal, state, and farebox revenue as directed by the Cost Allocation Agreement which is the governing document of the Transportation District Commission of Hampton Roads (TDCHR).  Federal and state aid is distributed based on service levels.  Farebox collected within the borders of a city are credited directly to that city. What is Strategic Allocation? 1. Strategic Allocation permits Hampton Roads Transit (HRT) to give its state and federal funding to a city on a “dollar for dollar” basis. 2. Requires six identical city resolutions authorizing continued strategic allocation.  In May 2024, the TDCHR unanimously approved HRT’s budget for FY25. The FY25 budget was built under the assumption that strategic allocation would be utilized. How is Strategic Allocation beneficial to the localities? 1. Covers local farebox deficit.  Since FY20, HRT has covered $8.8M in locality farebox shortfalls with federal and state dollars at no additional cost to the localities. Norfolk received $4.1M, nearly half of the benefit.  Mitigates risk associated with unexpected service interruptions (directly impacting farebox collection). 2. Provides the ability to calculate service reliability credits. 3. Provides the ability to credit localities when farebox exceeds budgeted estimates. 4. Provides budget certainty for the localities. (Several graphs and charts were presented for review.) Mr. Harrell stated that in looking at the Traditional Allocation for services, the traditional format is used where each city buys as little or as much public transit as they can afford each year and they piece that together in a regional way. After 2020, due to the impacts of Covid, when ridership decreased, HRT was able to compete for and receive extra funding of $43M. Based on the traditional cost allocation, cities receive the benefit of farebox that occurs within their geographic boundaries; however, when ridership is down, there are resulting deficits. Mr. Harrell stated that HRT came up with the Strategic Allocation, which is a way to minimize the impacts on each of the member cities and to give budget certainty. In terms of the city’s farebox shortfall, over the course of FY 2020 through FY 2024, Norfolk has benefitted approximately $4.1M as a result of Strategic Allocation. In addition, Norfolk received -2- Strategic Allocation credits because we are implementing 15-minute service slower as a result of hiring operators. All other member cities have approved the budget which includes Strategic Allocation. Mr. Harrell presented Norfolk’s FY 2025 Final Transit Service Plan which identifies all of Norfolk’s bus routes that we support financially along with other services. Mr. Harrell added that any farebox negative impacts would be covered by Strategic Allocation. They believe this will strongly benefit member cities. If Norfolk elects not to approve the Strategic Allocation, an additional $112,322 would be needed to support the budget. Councilwoman McClellan stated she had not been aware of this agenda item until notified by HRT but is happy to answer any questions her colleagues may have in advance of the next City Council meeting since it is time sensitive. Vice Mayor Thomas asked for a detailed explanation of the farebox shortfall. Ms. Glass stated that HRT sets a budget for farebox based on potential service and trends in ridership. Ridership is starting to come back, but during the pandemic there was no way to predict ridership. In the years where there was a farebox shortfall, ridership fell below projections. The Strategic Allocation allowed them to use federal and state monies to cover those shortfalls. In a Traditional Allocation scenario, the cities would have to cover those shortfalls. Mr. Amoruso stated that pre-Covid, typically they take the last 24 months of service at the route level and look at ridership trends. For the upcoming year they would calculate with fairly good accuracy year what they expect to collect annually on a particular route, a farebox recovery rate, and what they collect of that farebox will cover the cost of service throughout the year. However, due to the pandemic, from March 2020 through the rest of 2020, 2021, and 2022, ridership patterns changed dramatically as people worked remotely. Mr. Amoruso stated that they pared it back this year because they underpredicted ridership last year. They looked at the last 16 months instead of the normal 24 months. Every dollar they collect through the farebox is a dollar less the city has to pay. The strategic allocation is a way of giving the city predictability during these turbulent times. He added that ridership is returning and is incrementally growing month after month. Vice Mayor Thomas asked: How much money from the Strategic Allocation is coming to Norfolk and how much goes to the other localities? How does that compare to the percentage of funding that each locality provides? Mr. Burns stated that it is proportionate from the routes, how much service is purchased. He noted as an example that Hampton is 10% and Norfolk is approximately 44%. Vice Mayor Thomas asked that they provide the information for all the other localities. -3-  City Planning Update Presenter: Mr. Bobby Tajan, Director of Planning Mr. Tajan reported as follows: Eros Event Spaces Conditional Use Permit Location  801 E. 26th Street, Suite C Existing Conditions  Commercial Space Request  Allow a banquet hall with live entertainment – no alcoholic beverages  Hours of Operation – 11:00 a.m. until 11:00 p.m. Monday – Saturday; 11: a.m. until 10:00 p.m. Sunday  Occupancy – 73 seats indoors (max); 135 total capacity (max)  Entertainment – Disc Jockey (Map and floor plans presented) City Planning Commission, by a vote of 4-1, recommends approval  The applicant is proposing relatively limited hours of operation and a mid-sized capacity.  This property is conditionally zoned which prohibits any alcohol sold or provided on-site.  Commissioners had concerns over operations prior to approval  A condition is recommended where the CUP will expire in 18 months, instead of the standard 24 months, which will allow the applicant to operate for about a year before being required to reapply. Mr. Tajan stated that during the application process, staff found that the applicant had been operating prior to receiving approval, and, in addition, while in the application process they held another event. Councilwoman Doyle expressed concerns because of their non- compliance. Mudita Cafe Conditional Use Permit Location  9647 1st View Street Existing Conditions  Restaurant Request  Allow the existing restaurant with ABC on-premise to have live entertainment and a 2nd floor banquet facility Hours of Operation and the Sale of Alcoholic Beverages on and off-premises: Current – 7:00 a.m. until 7:00 p.m. Monday – Wednesday; 7:00 a.m. until 9:00 p.m. Friday; 8:00 a.m. until 9:00 p.m. Saturday and Sunday -4-  Proposed – 6:00 a.m. until 10:00 p.m. seven days a week Occupancy: Current – 163 total occupancy Proposed – 72 seats indoors; 30 seats outdoors; 170 total capacity Entertainment: Current – N/A Proposed – Sip & paint, poetry reading, live band, karaoke/open mic, trivia, bingo, comedy, community markets (Map and floor plans presented.) City Planning Commission, by a vote of 5-0, recommends approval.  The use aligns with plaNorfolk2030.  The applicant has operated for two years without significant issue.  Letter of opposition from Ocean View Shopping Center with concerns over parking. Casamigos Conditional Use Permit Location  5957 E. Virginia Beach Boulevard Existing Conditions  Restaurant Request  Allow the existing restaurant with alcoholic beverages to add karaoke Hours of Operation and the sale of alcoholic beverages on and off-premises: 7:00 a.m. until 11:00 p.m. seven days a week Hours for entertainment: 6:00 p.m. until 11:00 p.m. seven days a week Occupancy: 266 seats indoors; 0 seats outdoors; 374 total capacity Entertainment: Karaoke City Planning Commission, by a vote of 5-0, recommends approval.  The use aligns with plaNorfolk2030.  The use is located along a commercial corridor and is within a shopping center with similar uses. City Planning Commission Zoning Text Amendment Text amendment to the Definition of Group Home Clarifying the definition to better align with state licensing categories and state code requirements  Creating three categories of group homes, each for up to 8 individuals: -5-   Housing aged, infirm, or disabled individuals, operated under a license issued by the Department of Social Services  Housing individuals with mental illness, intellectual disability, or developmental disability, operated under a license issued by the Department of Behavioral Health, provided that no resident is engaged in illegal drug use or currently addicted to a controlled substance  Housing individuals with a handicap operating as a single housekeeping unit  Creating additional standards to ensure facility isn’t operating outside of code requirements (City and Code of VA) City Planning Commission, by a vote of 5-0, recommends approval. Harry Claiborne Amendment to Conditional Rezoning Location – 6205 N. Military Highway APPLICATION WITHDRAWN MPV, II, LLC Conditional Rezoning and Conditional Use Permit Location  1500 Monticello Avenue Existing Conditions  Vacant Request  Conditional rezoning to allow for a commercial development and a restaurant with a drive thru  2014: Property was conditionally zoned to G-1 to accommodate a mixed-use proposal with ground floor commercial and apartments above  Condition contained in rezoning tied the site to a site plan.  The mixed-use project did not move forward, and the current applicant is three fast food style restaurants, one with a large-scale drive-through.  A rezoning is required to allow the site to be developed with something other than the mixed- use project.  Although restaurants and large-scale drive-throughs are permitted in the G-1 district, the applicant is proposing the restaurants with the drive-through set back from Monticello Avenue and requesting to rezone the property to C-C (Community Commercial).  plaNorfolk2030 and the G-1 district calls for more urban style development with a maximum front yard setback of 10 feet.  The applicant is proposing to set the building back more than 10 feet from the property line to allow the drive-through lane to cross in front of the building.  To accommodate this request, the applicant is proposing to rezone the property to Conditional C-C which would allow this more suburban style development. (Map, floor plans, renderings presented.) City Planning Commission, by a vote of 4-1, recommends denial.  The site is currently zoned G-1 and is consistent with the plaNorfolk2030. -6-  The rezoning is not consistent with plaNorfolk2030.  The project, as proposed, does not warrant replacement of the G-1 district with the standard C-C Commercial zoning because setbacks cannot be complied with.  Although the uses proposed by the applicant are allowed in the G-1 district, the applicant is not proposing to comply with the development standards.  The Planning Commissioner that voted in favor noted that the property has been vacant and this will allow for three thriving businesses. Mr. Tajan stated he will be meeting with the applicant this week to discuss some revisions in preparation for the June 25th meeting. -7-  June 11, 2024 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, JUNE 11, 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  June 11, 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 CEREMONIAL MATTER The Mayor introduced Dr. Gardenella Green, President of the Norfolk Alumnae Chapter of Delta Sigma Theta Sorority, Inc. and the Norfolk Alumnae Chapter Social Action Committee of Delta Sigma Theta Sorority, Inc., and highlighted their significant community presence and acknowledged their remarkable contributions to the City of Norfolk for over 95 years. PUBLIC HEARING PH‐1 Public Hearing scheduled this day, pursuant to State Law to hear comments authorizing and approving an Interim Agreement between the City of Norfolk and MEB General Contractors, Inc. under the Public-Private Education Facilities, and Infrastructure Act for the design of a combination Recreation and Library Facility. An Ordinance authorizing and approving an Interim Agreement between the City of Norfolk and MEB General Contractors, Inc. under the Public-Private Education Facilities and Infrastructure Act for the design of a combination Recreation and Library Facility. - (Ordinance No. 49615) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 2  June 11, 2024 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 Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 2333 Dominion Avenue. - (Ordinance No. 49616) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐2 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 1105 West Ocean View Avenue. - (Ordinance No. 49617) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐3 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 930 Redgate Avenue. - (Ordinance No. 49618) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐4 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 1540 Chela Avenue. - (Ordinance No. 49619) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 3  June 11, 2024 C‐5 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 1212 Little Bay Avenue. - (Ordinance No. 49620) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐6 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Convenience Store with the Sale of Alcoholic Beverages for Off-premises Consumption and the Sale of Smoking Products Named “Las Americas” on Property Located at 851 East Little Creek Road. - (Ordinance No. 49621) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐7 An Ordinance Granting a Conditional a Use Permit to Authorize the Sale of Alcoholic Beverages for On-Premises Consumption at a Restaurant Named “Bogey’s 757” on Properties Located at 1309 Raleigh Avenue, Suite 100 and 1300, 1302, and 1304 Boissevain Avenue. - (Ordinance No. 49622) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐8 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Banquet Hall, Live Entertainment, and the Sale of Alcoholic Beverages for On-Premises Consumption at an Establishment Named “Mudita Cafe” on Property Located at 9647 1st View Street. - (Ordinance No. 49623) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 4  June 11, 2024 C‐9 An Ordinance Granting TWG Phase A, LLC Permission to Encroach Into the Right-of- Way at 430 Church Street With Stairs, Stoops and Planters. - (Ordinance No. 49624) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander REGULAR AGENDA R‐1 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, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐2 An Ordinance Approving the July 1, 2024 Through June 30, 2025 Budget for the Norfolk Law Library, Authorizing the City Treasurer to Make Disbursements and Appropriating and Authorizing the Expenditure of up to $233,000.00 by the Norfolk Law Library from Various Sources Including Monies assessed and Collected by the City as Part of Costs in Civil Court Actions in Accordance with the Approved Budget and the October 1, 1987 Agreement Between the City, the Norfolk Law Library and the Norfolk and Portsmouth Bar Association. - (Ordinance No. 49625) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 5  June 11, 2024 R‐3 An Ordinance Amending The FY2024 Annual Appropriations Ordinance (No. 49,220) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $507,704 From The Commonwealth Of Virginia, Acting Through The Office Of The Secretary Of Finance And The Office Of The Secretary Of Veterans And Defense Affairs Virginia Military Community Infrastructure Grant, And Previously-Appropriated Local Matching Funds In The Amount Of $507,704 For The Hampton Boulevard Drainage Improvement Project. - (Ordinance No. 49626) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐4 An Ordinance Amending The FY2024 Annual Appropriations Ordinance (No. 49,220) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $208,000 From The Slover Library Foundation, If and When Received, For The Slover Library. - (Ordinance No. 49627) 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 Funds Up To The Sum Of $23,000 Donated By The Norfolk Public Library Foundation, If and When Received, For the Blyden Branch Centennial Event. - (Ordinance No. 49628) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐6 An Ordinance to Amend and Reordain the Norfolk City Code, 1979, So As To Add One New Section Numbered 12-141.8, Relating to the Designation of Space Within Calvary Cemetery as a Mausoleum Site. - (Ordinance No. 49629) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 6  June 11, 2024 R‐7 An Ordinance to Amend and Reordain the Norfolk City Code, 1979, So As To Add One New Section Numbered 12-290.5, Relating to the Fees for Mausoleums Within Calvary Cemetery. - (Ordinance No. 49630) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐8 An Ordinance to Repeal Section 29-65 of the Norfolk City Code, 1979, regarding the Practice of Palmistry, Palm Reading, Phrenology or Clairvoyance for monetary or other compensation. - (Ordinance No. 49631) ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: John E. Paige NEW BUSINESS Tiara Lassiter, 3055 Sewell’s Point Road, spoke regarding the affordable housing crisis. Monet Johnson, 208 W. 25th Street, spoke regarding the affordable housing crisis. Derrick Isabell, 888 Magazine Lane, spoke regarding the upcoming community day on August 3, 2024, 12:00 pm-6:00 pm at Norfolk State University. Calvin Williams, 1030 W. 24th Street, thanked the Council for the recognition of bus drivers, crossing guards, and honoring the My2K Foundation Safe Passages program. Carl Poole, W. 49th Street, spoke regarding the affordable housing crisis. The following individuals spoke regarding ceasefire in Gaza: Vincent Hodges, 117 Poplar Avenue Amanda Mileur, 115 E. 41st Street Sally Gudas, 9419 Selby Place Jordan Gray, 8721 Granby Street Angela Stevens, 1701 Parkview Avenue Tariq Jawhar, 3304 Elmhurst Boulevard, Chesapeake Lamont Woltz, 2901 Lafayette Boulevard Nihal Gokus, 4701 Hermitage Road, Virginia Beach ADJOURNMENT 7