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City Council Agendas

Regular Meeting

Norfolk, NE · June 25, 2024

AgendaMinutes

Minutes

NORFOLK, VIRGINIA MEETING OF COUNCIL TUESDAY, JUNE 25, 2024 Mayor Kenneth Cooper Alexander, called the meeting to order at 3:30 p.m., with the following members present: Mrs. Courtney R. Doyle, John E. Paige, Ms. Danica Royster, Mr. Thomas R. Smigiel Jr., and Vice Mayor Martin A. Thomas Jr. Mrs. Mamie B. Johnson and Mrs. Andria P. McClellan were absent. AGENDA Norfolk Department of Health and Five-Year Plan Presenter: Dr. Susan Girois, Director, Norfolk Health District Dr. Girois stated that work on the plan has been ongoing for approximately a year and a half. This plan encompasses lessons learned from the Covid pandemic, analysis and internal discussion about those lessons learned and moving into the future; discussions with deputy city managers and department heads; and discussions with other partners in the city and community groups. She added that their mission is to protect the health and promote the wellbeing of all people in the city. A hard copy of the five-year plan was distributed to Council. Dr. Girois reviewed the following: Mandated Services – are 80-to-90% of their budget, and these services are mandated by federal and state law.  Communicable disease surveillance and outbreak prevention:  Vaccinations - childhood, Covid, RSV, Flu, Monkey Pox, etc. (list of 82 reportable  diseases.) Sexually transmitted diseases - testing, diagnosis, and treatment clinics.  Family Health Services:  Women, infants, and children (WIC), child pre-school health visits, Naloxone and opioid antagonist distribution program, etc.  Environmental health services:  Health inspections, evaluations, permitting for community pools, restaurants, and events  Vector control:  Insects, rodents, etc. that carry disease; robust mosquito vector control program and testing  Beach monitoring:  Twice weekly testing for E. coli and other harmful bacteria  Emergency Response Planning and Training:  Partnering with Emergency Management, mass dispensing of medications and vaccines, medical assistance for shelters  Vital Records:  Death and birth certificates -1- Norfolk City Health Outcomes A 2024 County Health Rankings & Roadmaps graph was presented: Norfolk ranks lower than the state and national average. Norfolk’s Public Health Priorities 1. Food insecurity 2. Firearm deaths 3. Overdose deaths 4. Mental distress 5. Sexually transmitted infections 6. Infant mortality Strategic Investments:  Health strategist and convener to align efforts  Data to drive equity  Community presence to gain understanding  Communications to build trust  Grant funding for community resilience 2029 Target Outcomes Black-White Infant Mortality Disparity Ratio – By 2029, reduce the Black-White infant mortality disparity ratio from the baseline of 2.99 to 1.0. Food Insecurity – Through 2029, maintain WIC coverage per eligible population above the state and national averages for pregnant women, infants, and children. Firearm Deaths – By 2029, reduce firearm-related death rate from the baseline of 24.7 (2018- 2022) deaths per 100,000 people to below the Healthy People 2030 target of 119 deaths per 100,000 people. Overdose Deaths – By 2029, reduce the rate of drug overdose deaths from the baseline of 42.4 (2023) deaths per 100,00 people to below the Healthy People 2030 target of 20.7 deaths per 100,000 people. Mental Health – By 2029, decrease the percentage of high school students who reported feeling sad or hopeless every day for 2 or more weeks by 5% from the Eastern region baseline of 34.9%. Syphilis Infection – By 2029, Norfolk syphilis rates are declining in all age groups and all demographics. Dr. Girois stated that their aim is to become a flagship Local Health District, bold and catalytic, leveraging community strengths and regional synergies to measurably improve health outcomes for the people they serve. Councilwoman Royster asked Dr. Girois to expound on STI screening and fentanyl testing strips and what education is available. Dr. Girois stated that STI testing is offered Monday, Tuesday, Wednesday, and Friday. She added that Norfolk has three times the STIs compared to the state average and there is an initiative to reduce these numbers. They are active in Naloxone training or revive training and are working with the Community Services Board -2- (CSB) as well as others. Norfolk Public Libraries received the training. They are also working to train with Probation & Parole, Parks & Recreation, and Hampton Roads Transit (HRT). Councilman Paige asked about test strip distribution. Dr. Girois stated there is debate on using the test strips because fentanyl is now considered to always be present. The question becomes if someone is about to use and they test for it and fentanyl is present, is that going to change how a person uses or not? Councilman Smigiel expressed concerns about food insecurity and the lack of grocery store options for some neighborhoods. He also commented that sometimes healthier options are rejected at food distribution centers. Mayor Alexander stated that at some distribution centers they see the same folks over and over again and some are not Norfolk residents. Councilman Smigiel stated many citizens do not have transportation options to grocery stores. He asked what ideas and strategies could assist with these issues. Dr. Girois stated there is not just one strategy and the issues are complex. She stated first they will go to communities to discuss what is happening, what’s been done and what can be done better. They will listen to the communities and get their input and suggestions for solutions. She added that the WIC teams have a goal of increasing the coverage of eligible families above the national average. Mayor Alexander stated that Council is aligned with their priorities for food insecurity and another priority is housing insecurity. He stated that we should partner with organizations such as the food bank and churches that are distributing food to make sure that we are effective in our distribution efforts. Hurricane Briefing Presenter: Mr. Daniel Hudson, Emergency Management Coordinator Mr. Hudson reported as follows: 2024 NOAA Outlook (Atlantic/Gulf)  85% chance of an “above-normal” season.  17-25 named storms; 8-13 hurricanes; 4-7 major storms  NOAA has 70% confidence in their forecast.  Conditions expected to become “very favorable’ for storm development in mid-August.  Near record ocean temperatures since April  La Niña conditions expected to return  Reduced Atlantic trade winds (less wind shear)  In August, NOAA will introduce new, experimental tools including two new forecast models, an updated hurricane cone to display where impacts can be experienced, and updated flood modeling What does the outlook mean for Norfolk?  This is a good reminder for our citizens and businesses to prepare for the upcoming season.  For departments, we proactively prepare year-round to manage impacts from any storm, hazard, or threat.  Focus on building resiliency against impacts to our critical services and functions. -3-  Emphasize:  Remnants of a storm, or a “close call,” cause major impacts on communities.  Heavy rain, tornados, high winds, or flooding can occur before, during, or after a tropical storm. Preparedness Efforts  In addition to the annual citywide exercises, Emergency Management has completed the following to prepare for this year’s hurricane season:  Shelter training with shelter staff  New shelter dormitory app to assist residents registering at a shelter  Working with the state on a regional shelter framework  Regional logistics framework with region and Virginia Department of Emergency Management  Information Technology modernizations, including major Emergency Operations Center upgrades  Distributing hurricane evacuation guides to community members  Conducting civic league and business community preparedness presentations  Hurricane preparedness night at Harbor Park  Passed out Know Your Zone refrigerator magnets and other hurricane preparedness materials  Looking into purchasing an enhanced weather monitoring product to complement National Weather Service for special events/unplanned incidents  Bi-monthly emergency action plan training with departments emergency coordinators  Our Emergency Operations Plan (EOP) was adopted in 2023.  Every 4-year requirement by State Code. Shelters Two primary shelters:  Southside STEM Academy in Zone C – 500 capacity and pet friendly  Norview High School in Zone C – 500 capacity, 50 medical bed capacity, and pet friendly Procedure When a Storm is Approaching  The goal is to communicate early and keep citizens informed. (Website, social media, Norfolk Alert, WEA, blog)  Emergency Management is the avenue for accurate, reliable information and getting answers to any questions. Understanding their process when a storm is approaching is critical so appropriate staff can stay updated and provide residents with reliable, accurate information. Timelines: 7 – 10 Days Out Storm Develops EM staff member assigned to watch the storm’s development Depending on forecast:  Begin issuing Norfolk Weather Briefings -4-  Provide leadership briefings and preparedness updates 5 Days Out Confidence Increases Begin monitoring excessive rainfall. Outlook and modeling possible impacts. As forecast confidence reaches over 50% confidence:  Conduct initial planning meetings  Implement preparedness activities following Hurricane Planning  Public messaging 3 – 5 Days Out Pre-arrival Critical decisions:  Evacuation Orders  Declaration of Emergency  Shelter/Evac Centers  Operating condition  Mutual Aid and outside resources  Emergency contract activations 1 – 3 Days After Post-Storm  Assess status of the Community Lifelines  Initial damage assessments  Begin following recovery planning cycle Know Your Evacuation Zone Know where you are, so you know when to go. Zone A, B, or C (A is most low lying) Website - KnowYourZoneVA.org Sign up for alerts on mobile device – Norfolk.gov/alert *Emergency action plans provided online @ Norfolk.gov Councilman Paige asked that they present evacuation plans to our civic leagues. Looking to future snowstorms, Councilman Smigiel asked to examine our snow removal schedules and routes for emergency transport from residential neighborhoods to hospitals and to coordinate with Virginia Beach in those efforts. Mr. Hudson stated they will work with Public Works and discuss those issues. -5- CLOSED SESSION Motion for closed session was approved at 4:20 p.m. for purposes which are set out in Clauses 1, 19, 29, 29 and 29 of subsection (A) of Section 2.2-3711 of the Virginia Freedom of Information Act, as amended: (1) Discussion of prospective candidates for boards, commissions, committees, and authorities. (19) Discussion of plans to protect public safety by emergency officials, where discussion in an open meeting would jeopardize the safety outcome. (29) Discussion of the award of a public construction contract in the St. Paul’s where discussion in an open session would adversely affect the negotiating strategy of the public body. (29) Discussion of the award of a public construction contract in the Downtown area where discussion in an open session would adversely affect the negotiating strategy of the public body. (29) Discussion of the award of a public construction contract in the Ward 4 area where discussion in an open session would adversely affect the negotiating strategy of the public body. Yes: Doyle, Paige, Royster, Smigiel, Thomas and Alexander. No: None. -6- June 25, 2024 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, JUNE 25, 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 Remote Andria P. McClellan Councilmember - Superward 6 Remote 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 MOTION A Resolution approving participation through electronic communication means by Councilwoman Mamie B. Johnson in the Norfolk City Council meeting on June 25, 2024 ACTION: Adopted [Unanimous] AYES: Doyle, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander AWAY: Johnson 1 June 25, 2024 MOTION A Resolution approving participation through electronic communication means by Councilwoman Andria P. McClellan in the Norfolk City Council meeting on June 25, 2024. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander AWAY: McClellan 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 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, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander AWAY: Johnson, McClellan PUBLIC HEARINGS PH‐1 Public Hearing scheduled this day, pursuant to State Law, on the application of MPV, II, LLC, for a Rezoning from Conditional G-1 (Granby/Monticello Corridor Mixed-Use) to Conditional C-C (Community Commercial) and for a Conditional Use Permit to Authorize a Large-Scale Drive-through Facility on Property located at 1500 Monticello Avenue for a Restaurant Named “Raising Cane’s.” 2 June 25, 2024 An Ordinance to Rezone Property Located at 1500 Monticello Avenue from G-1 (Granby/Monticello Corridor Mixed-Use) District to Conditional C-C (Community Commercial) District. - (Ordinance No. 49632) ACTION: Adopted [6 to 2] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Alexander NAYS: McClellan, Thomas Jr. PH‐1a An Ordinance Granting a Conditional Use Permit to Authorize a Large-Scale Drive- through Facility on Property located at 1500 Monticello Avenue for a Restaurant Named “Raising Cane’s.” - (Ordinance No. 49633) The following spoke in support of this matter: Randy Royal, agent for the applicant, 4525 Main Street Felicia Bivens, Raising Cane’s Restaurants, 510 Shelbyville Highway, Fayetteville, Tennessee William Mosley, the applicant, 178 Edgar Tweets Road Banner Elk, North Carolina ACTION: Adopted [6 to 2] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Alexander NAYS: McClellan, Thomas 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 regarding performance standards to a group home. An Ordinance to Amend Section 8.3.2 of the Norfolk Zoning Ordinance so as to Clarify the Definition of the Term “Group Home”, Align the Definition with State Code, and Establish a Set of Conditions to Ensure that Such Facilities Operate in Compliance with Applicable City and State Limitations. - (Ordinance No. 49634) David Oakley, 4705 Columbus Street, Virginia Beach, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 3 June 25, 2024 PH‐3 Public Hearing scheduled this day, pursuant to State Law, to hear comments approving a Lease Agreement with W.M. Schlosser Co., Inc. For the Lease of a Portion of City Property Located at 3500 Granby Street, Also Known as 249 Lavalette Avenue. An Ordinance Approving a Lease Agreement with W.M. Schlosser Co., Inc. For the Lease of a Portion of City Property Located at 3500 Granby Street, Also Known as 249 Lavalette Avenue. - (Ordinance No. 49635) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH‐4 Public Hearing scheduled this day, pursuant to State Law, to hear comments approving a Sublease Agreement Between the City of Norfolk and the Commonwealth of Virginia, Virginia Department of Transportation, For the Lease of a Certain Portion of the Property Located at 9401 4th View Street. An Ordinance Approving a Sublease Agreement Between the City of Norfolk and the Commonwealth of Virginia, Virginia Department of Transportation, For the Lease of a Certain Portion of the Property Located at 9401 4th View Street. - (Ordinance No. 49636) 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 approving a Lease Agreement with Truist Bank for the Lease of Space Within Norfolk City Hall, Located at 810 Union Street, for an ATM. An Ordinance Approving a Lease Agreement with Truist Bank For the Lease of Space Within Norfolk City Hall, Located at 810 Union Street, for an ATM. - (Ordinance No. 49637) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 4 June 25, 2024 PH‐6 Public Hearing scheduled this day, pursuant to State Law, to hear comments authorizing the Conveyance to Foreman Services, LLC of a Certain Parcel of Property Located at 701 W. 29th Street for the Total Sum of $31,000.00 in Accordance with the Terms and Conditions of the Purchase and Sale Agreement and Authorizing the Expenditure of a Sum of Up to $1,000.00 For Any Necessary Transaction Costs. An Ordinance Authorizing the Conveyance to Foreman Services, LLC of a Certain Parcel of Property Located at 701 W. 29th Street For the Total Sum of $31,000.00 in Accordance With the Terms and Conditions of the Purchase and Sale Agreement and Authorizing the Expenditure of a Sum of Up to $1,000.00 For Any Necessary Transaction Costs. - (Ordinance No. 49638) Shawn Foreman, the applicant, 701 W. 29th 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 PH‐7 Public Hearing scheduled this day, pursuant to State Law, to hear comments authorizing the Conveyance to Foreman Services, LLC of Certain Parcels of Property Located at 218 and 220 W. 27th Street for the Total Sum of $58,000.00 in Accordance with the Terms and Conditions of the Purchase and Sale Agreement and Authorizing the Expenditure of a Sum of Up to $1,000,00 For Any Necessary Transaction Costs. An Ordinance Authorizing the Conveyance to Foreman Services, LLC of Certain Parcels of Property Located at 218 and 220 W. 27th Street For the Total Sum of $58,000.00 in Accordance With the Terms and Conditions of the Purchase and Sale Agreement and Authorizing the Expenditure of a Sum of Up to $1,000,00 For Any Necessary Transaction Costs. Shawn Foreman, the applicant, 701 W. 29th Street, was present to answer any questions relative to this matter. ACTION: Continued [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 5 June 25, 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. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐1 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Restaurant with Live Entertainment and the Sale of Alcoholic Beverages for On- Premises Consumption Named “Casamigos” on Property Located at 5957 East Virginia Beach Boulevard. - (Ordinance No. 49639) C‐2 An Ordinance Approving a Right of Entry Agreement Between the City of Norfolk and TWP - The Youth Movement For Use of City-Owned Property Located at 801 Church Street for Fuse Fest 2024 and Authorizing the City Manager to Execute the Right of Entry on Behalf of the City. - (Ordinance No. 49640) C‐3 An Ordinance Granting Michael Padden and Megan Padden Permission to Encroach into the Right of Way Adjacent to 6300 Richmond Crescent With an Existing Wooden Dock and Approving the Terms and Conditions of the Encroachment Agreement. - (Ordinance No. 49641) Michael Padden, the applicant, 6300 Richmond Crescent, was present to answer any questions relative to this matter. C‐4 An Ordinance Granting Buxton Associates Limited Partnership Permission to Encroach Into the Right-of-Way at 1200 N. Military Highway With a Sign. - (Ordinance No. 49642) C‐5 An Ordinance Accepting an Amended Easement From Cohen Residential, LLC Over Property Located at 4945 Bruce Street and Authorizing the City Manager to Enter Into an Appropriate Amended Deed of Easement on Behalf of the City. - (Ordinance No. 49643) 6 June 25, 2024 REGULAR AGENDA R‐1 An Ordinance adopting the revised City of Norfolk Stormwater Design and Construction Manual. - (Ordinance No. 49644) Dean McClain of Coastal Virginia Building Industry Association, 5041 Corporate Woods Drive, Virginia Beach, spoke in opposition to this matter. ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Paige, Royster, Thomas Jr., Alexander NAYS: Smigiel Jr. R‐2 An Ordinance to Amend and Reordain Section 32-3.4 of the Norfolk City Code, 1979, to change the Program Name from the Virginia Stormwater Management Program to the Virginia Erosion and Stormwater Management Program to conform to changes in State Law. - (Ordinance No. 49645) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐3 An Ordinance to Amend and Reordain Chapter 41.2 of the Norfolk City Code, 1979, regarding the Virginia Stormwater Management Program, to change the chapter name to Virginia Erosion and Stormwater Management Program to conform to changes in State law; to Amend and Reordain Section 41.2-1 of the Norfolk City Code, 1979, to include soil erosion impacts to conform to changes in State law and to amend the Department of Planning and Community Development to the Department of City Planning to conform with the Norfolk City Code; and to Amend and Reordain Section 41.2-3 of the Norfolk City Code, 1979, to amend the Department of Planning and Community Development to the Department of City Planning to conform with the Norfolk City Code. - (Ordinance No. 49646) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 7 June 25, 2024 R‐4 An Ordinance to Amend and Reordain Section 41.1-25 of the Norfolk City Code, 1979, regarding the Virginia Stormwater Management Program Fees, to change the Section Name to the “Virginia Erosion and Stormwater Management Program Fees” and change the Program Name to the “Virginia Erosion and Stormwater Management Program (VESMP)” to conform to changes in State Law, to amend the language regarding when required fees are to be paid, and to change the permit maintenance fee for Single Family Residential Home with land disturbance greater than 1 acre, but less than 5 acres, to $0 . - (Ordinance No. 49647) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐5 An Ordinance to Amend and Reordain Section 41.1-1 of the Norfolk City Code, 1979, regarding Stormwater Management, to amend the definition and term of Impervious Surface Area. - (Ordinance No. 49648) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐6 An Ordinance to Amend and Reordain subsection (b) of Section 15-3 of the Norfolk City Code, 1979, to change the Program Name from the “Virginia Stormwater Management Program” to the “Virginia Erosion and Stormwater Management Program” and update the regulations to reflect the change from the Stormwater Management Act to the Virginia Erosion and Stormwater Act effective July 1, 2024 to conform to changes in State Law, and removal of regulations for plans approved prior to July 1, 2014; and to Amend and Reordain subsection (c) of Section 15-9 of the Norfolk City Code, 1979, to change the permit name from the “Virginia Stormwater Management Program Construction General Permit” to the “General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Stormwater from Construction Activities or other permit required by law” to conform to state law. - (Ordinance No. 49649) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 8 June 25, 2024 R‐7 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Banquet Hall and Live Entertainment at an Establishment Named “Eros Event Spaces” on Property Located at 801 East 26th Street, Suite C. Serena Guy, the applicant, 801 E. 26th Street, spoke in support of this matter. Fred McRae, 801 E. 26th Street, spoke in support of this matter. ACTION: Defeated [4 to 4] AYES: Paige, Royster, Smigiel Jr., Alexander NAYS: Doyle, Johnson, McClellan, Thomas Jr. R‐8 An Ordinance Authorizing the Acquisition of a Certain Parcel of Property Located at 642 35th Street for the Sum of $112,000.00 and Authorizing the Expenditure of a Sum of Up to $127,000.00 From Funds Heretofore Appropriated for Acquisition of the Property and All Related Transactional Costs. - (Ordinance No. 49650) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐9 An Ordinance Approving a Lease Agreement With the United States of America, Department of the Navy, For the Lease of a Certain Portion of the Property Located at 9401 4th View Street and Authorizing the Expenditure of the Sum of $40,558.00 for Rent and Administrative Costs. - (Ordinance No. 49651) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 9 June 25, 2024 R‐10 An Ordinance Amending And Reordaining The FY2025 Annual Appropriations Ordinance No. 49,590 So As To Amend Section 3 To Include A Retiree Health Credit Authorized By Section 37-61(o) Of The Norfolk City Code, 1979, As Amended. - (Ordinance No. 49652) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐11 An Ordinance Amending And Reordaining Section 1 Of The FY2024 Annual Appropriation Ordinance (No. 49,220), As Amended, To Increase The General Fund Appropriations For The Fleet Management Fund In The Amount Of $1,200,000 And Authorizing Its Expenditure. - (Ordinance No. 49653) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐12 A Resolution to Amend the Cost Allocation Agreement Between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach and the Transportation District Commission of Hampton Roads. - (Resolution No. 1916) ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Alexander NAYS: Thomas Jr. R‐13 An Ordinance Permitting an Existing Deck as an Encroachment into the Right-of-Way of Bayside Avenue North of Property Numbered 3130 East Ocean View Avenue. - (Ordinance No. 49654) ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Alexander NAYS: Thomas Jr. 10 June 25, 2024 NEW BUSINESS The following spoke regarding police brutality awareness: Lavdjola Farrington, 1427 W. 40th Street Nicholas Farrington, 1427 W. 40th Street Ramsi Farrington, 1427 W. 40th Street Amina Matheny-Willard, 999 Waterside Drive The following spoke regarding a ceasefire in Gaza: Tariq Jawhar, 3304 Lynnhurst Boulevard, Chesapeake Saher Mirza, 3940 Meeting House Road, Virginia Beach Sally Gudas, 9419 Selby Place Nihal Gokus, 4701 Hermitage Road, Virginia Beach Raoul Lobo, 1272 A W. 42nd Street Raytron White, 3149 Kimball Terrace, spoke regarding neighborhood pool access in the Grandy Village community. ADJOURNMENT 11

Agenda

CITY COUNCIL AGENDA Tuesday, June 25, 2024 3:30 CITY COUNCIL WORK SESSION – CITY HALL-10TH FLOOR CONFERENCE ROOM I. AGENDA OVERVIEW Patrick Roberts, City Manager II. NORFOLK DEPARTMENT OF HEALTH Dr. Susan Girois, Director, Norfolk Health District AND FIVE-YEAR PLAN III. HURRICANE BRIEFING Daniel Hudson, Emergency Management Coordinator IV. CLOSED SESSION: • CONTRACT NEGOTIATIONS • APPOINTMENTS Supporting Documents: • Announcement of Meeting • 06-25-2024 Hurricane Updates Memos: • Pending Land Use Report • Minutes from City Council Meeting of June 11, 2024 June 25, 2024 NORFOLK, VIRGINIA DOCKET FOR THE COUNCIL TUESDAY, JUNE 25, 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. 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. PUBLIC HEARINGS PH-1 PUBLIC HEARING scheduled this day, pursuant to State Law, on the application of MPV, II, LLC, for a) a Rezoning from Conditional G-1 (Granby/Monticello Corridor Mixed-Use) to Conditional C-C (Community Commercial) and for b) a Conditional Use Permit to Authorize a Large-Scale Drive-through Facility on Property located at 1500 Monticello Avenue for a Restaurant Named “Raising Cane’s.” An Ordinance to Rezone Property Located at 1500 Monticello Avenue from G-1 (Granby/Monticello Corridor Mixed-Use) District to Conditional C-C (Community Commercial) District. 1 June 25, 2024 PH-1A An Ordinance Granting a Conditional Use Permit to Authorize a Large-Scale Drive-through Facility on Property located at 1500 Monticello Avenue for a Restaurant Named “Raising Cane’s.” 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 regarding performance standards to a Group Home. An Ordinance to Amend Section 8.3.2 of the Norfolk Zoning Ordinance SO AS TO Clarify the Definition of the Term “Group Home”, Align the Definition with State Code, and Establish a Set of Conditions to Ensure that Such Facilities Operate in Compliance with Applicable City and State Limitations. PH-3 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments Approving a Lease Agreement with W.M. Schlosser Co., Inc. For the Lease of a Portion of City Property Located at 3500 Granby Street, also known as 249 Lavalette Avenue. An Ordinance Approving a Lease Agreement with W.M. Schlosser Co., Inc. For the Lease of a Portion of City Property Located at 3500 Granby Street, also known as 249 Lavalette Avenue. PH-4 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments Approving a Sublease Agreement Between the City of Norfolk and the Commonwealth of Virginia, Virginia Department of Transportation, For the Lease of a Certain Portion of the Property Located at 9401 4th View Street. An Ordinance Approving a Sublease Agreement Between the City of Norfolk and the Commonwealth of Virginia, Virginia Department of Transportation, For the Lease of a Certain Portion of the Property Located at 9401 4th View Street. PH-5 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments Approving a Lease Agreement with Truist Bank for the Lease of Space Within Norfolk City Hall, Located at 810 Union Street, for an ATM. An Ordinance Approving a Lease Agreement with Truist Bank for the Lease of Space Within Norfolk City Hall, Located at 810 Union Street, for an ATM. 2 June 25, 2024 PH-6 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments Authorizing the Conveyance to Foreman Services, LLC of a Certain Parcel of Property Located at 701 W. 29th Street for the Total Sum of $31,000.00 in Accordance with the Terms and Conditions of the Purchase and Sale Agreement and Authorizing the Expenditure of a Sum of Up to $1,000.00 for any necessary Transaction Costs. An Ordinance Authorizing the Conveyance to Foreman Services, LLC of a Certain Parcel of Property Located at 701 W. 29th Street for the Total Sum of $31,000.00 in Accordance with the Terms and Conditions of the Purchase and Sale Agreement and Authorizing the Expenditure of a Sum of Up to $1,000.00 For Any Necessary Transaction Costs. PH-7 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments Authorizing the Conveyance to Foreman Services, LLC of Certain Parcels of Property Located at 218 and 220 W. 27th Street for the Total Sum of $58,000.00 in Accordance with the Terms and Conditions of the Purchase and Sale Agreement and Authorizing the Expenditure of a Sum of Up to $1,000,00 For Any Necessary Transaction Costs. An Ordinance Authorizing the Conveyance to Foreman Services, LLC of Certain Parcels of Property Located at 218 and 220 W. 27th Street for the Total Sum of $58,000.00 in Accordance with the Terms and Conditions of the Purchase and Sale Agreement and Authorizing the Expenditure of a Sum of Up to $1,000,00 For Any Necessary Transaction Costs. 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 Conditional Use Permits to Authorize the Operation of a Restaurant with Live Entertainment and the Sale of Alcoholic Beverages for On- Premises Consumption Named “Casamigos” on Property Located at 5957 East Virginia Beach Boulevard. 3 June 25, 2024 C-2 An Ordinance Approving a Right of Entry Agreement Between the City of Norfolk and TWP - The Youth Movement for Use of City-Owned Property Located at 801 Church Street for Fuse Fest 2024 and Authorizing the City Manager to Execute the Right of Entry on Behalf of the City. C-3 An Ordinance Granting Michael Padden and Megan Padden Permission to Encroach into the Right of Way Adjacent to 6300 Richmond Crescent with an Existing Wooden Dock and Approving the Terms and Conditions of the Encroachment Agreement. C-4 An Ordinance Granting Buxton Associates Limited Partnership Permission to Encroach into the Right-of-Way at 1200 N. Military Highway with a Sign. C-5 An Ordinance Accepting an Amended Easement from Cohen Residential, LLC Over Property Located at 4945 Bruce Street and Authorizing the City Manager to Enter into an Appropriate Amended Deed of Easement on Behalf of the City. REGULAR AGENDA R-1 An Ordinance adopting the revised City of Norfolk Stormwater Design and Construction Manual. R-2 An Ordinance to Amend and Reordain Section 32-3.4 of the Norfolk City Code, 1979, to change the Program Name from the Virginia Stormwater Management Program to the Virginia Erosion and Stormwater Management Program to conform to changes in State Law. R-3 An Ordinance to Amend and Reordain Chapter 41.2 of the Norfolk City Code, 1979, regarding the Virginia Stormwater Management Program, to change the chapter name to Virginia Erosion and Stormwater Management Program to conform to changes in State law; to Amend and Reordain Section 41.2-1 of the Norfolk City Code, 1979, to include soil erosion impacts to conform to changes in State law and to amend the Department of Planning and Community Development to the Department of City Planning to conform with the Norfolk City Code; and to Amend and Reordain Section 41.2-3 of the Norfolk City Code, 1979, to amend the Department of Planning and Community Development to the Department of City Planning to conform with the Norfolk City Code. 4 June 25, 2024 R-4 An Ordinance to Amend and Reordain Section 41.1-25 of the Norfolk City Code, 1979, regarding the Virginia Stormwater Management Program Fees, to change the Section Name to the “Virginia Erosion and Stormwater Management Program Fees” and change the Program Name to the “Virginia Erosion and Stormwater Management Program (VESMP)” to conform to changes in State Law, to amend the language regarding when required fees are to be paid, and to change the permit maintenance fee for Single Family Residential Home with land disturbance greater than 1 acre, but less than 5 acres, to $0 . R-5 An Ordinance to Amend and Reordain Section 41.1-1 of the Norfolk City Code, 1979, regarding Stormwater Management, to amend the definition and term of Impervious Surface Area. R-6 An Ordinance to Amend and Reordain subsection (b) of Section 15-3 of the Norfolk City Code, 1979, to change the Program Name from the “Virginia Stormwater Management Program” to the “Virginia Erosion and Stormwater Management Program” and update the regulations to reflect the change from the Stormwater Management Act to the Virginia Erosion and Stormwater Act effective July 1, 2024 to conform to changes in State Law, and removal of regulations for plans approved prior to July 1, 2014; and to Amend and Reordain subsection (c) of Section 15-9 of the Norfolk City Code, 1979, to change the permit name from the “Virginia Stormwater Management Program Construction General Permit” to the “General Virginia Pollutant Discharge Elimination System (VPDES) Permit for Discharges of Stormwater from Construction Activities or other permit required by law” to conform to State Law. R-7 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Banquet Hall and Live Entertainment at an Establishment Named “Eros Event Spaces” on Property Located at 801 East 26th Street, Suite C. R-8 An Ordinance Authorizing the Acquisition of a Certain Parcel of Property Located at 642 35th Street for the Sum of $112,000.00 and Authorizing the Expenditure of a Sum of Up to $127,000.00 From Funds Heretofore Appropriated for Acquisition of the Property and All Related Transactional Costs. R-9 An Ordinance Approving a Lease Agreement with the United States of America, Department of the Navy, For the Lease of a Certain Portion of the Property Located at 9401 4th View Street and Authorizing the Expenditure of the Sum of $40,558.00 for Rent and Administrative Costs. 5 June 25, 2024 R-10 An Ordinance Amending and Reordaining the FY2025 Annual Appropriations Ordinance No. 49,590 SO AS TO Amend Section 3 to Include a Retiree Health Credit Authorized by Section 37-61(o) of The Norfolk City Code, 1979, As Amended. R-11 An Ordinance Amending and Reordaining Section 1 Of the FY2024 Annual Appropriation Ordinance (No. 49,220), As Amended, to Increase the General Fund Appropriations for The Fleet Management Fund in the amount of $1,200,000 and Authorizing Its Expenditure. R-12 A Resolution to Amend the Cost Allocation Agreement Between the Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Virginia Beach and the Transportation District Commission of Hampton Roads. R-13 An Ordinance Permitting an Existing Deck as an Encroachment into the Right-of- Way of Bayside Avenue North of Property Numbered 3130 East Ocean View Avenue. ADJOURNMENT 6

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