City Council Agendas

NORFOLK, VIRGINIA MEETING OF COUNCIL TUESDAY, JULY 9, 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. McCellan John E. Paige, Ms. Danica Royster, Mr. Thomas R. Smigiel Jr., and Vice Mayor Martin A. Thomas Jr. AGENDA City Planning Update Presenter: Mr. Robert Tajan, Planning Director Mr. Tajan reported as follows: Boil Bay Seafood Conditional Use Permit (Continued generally on April 23) 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. (Location map and floor plan were presented)  Hours of operation, live entertainment and the sale of alcoholic beverages on and off- premises – 12:00 noon until 10:00 p.m. Sunday – Thursday; 12:00 noon until 11:00 p.m. Friday and Saturday  Occupancy – 398 seats indoors; 0 seats outdoors; 516 total capacity  Entertainment – Karaoke only (No live bands) 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 operations  Applicant is now proposing Karaoke as the only form of entertainment Councilman Paige asked if the CUP would allow the applicant to have a live band in the future. Mr. Tajan stated that live bands would not be allowed. -1-  Mr. Tajan stated that The Sunflower Florist, 1908 Colley Avenue, is an item for the July 16 meeting. The applicant is seeking to provide for off-premises alcohol delivery in addition to delivery of floral arrangements. The applicant misinformed staff and corrections are being made to recommendations. The applicant will have to meet ABC requirements. City Planning Commission Zoning Text Amendment  Text amendment to allow the additional usage of shipping containers in certain zoning districts  Allows for shipping containers to be used for permanent storage in the C-C and C-R zoning districts  One per lot, one additional per 100’ of lot frontage  No stacking  Screened from view, finished, or clad exterior  Must be maintained and rust free  Shipping containers already permitted in the Industrial, Business Commerce and Institutional zoning districts  Clarifies existing language for temporary storage (seasonal) to be for no more than 90 days  Clarifies that containers affixed to wheeled devices are excluded City Planning Commission, by a vote of 5-0, recommends approval. Councilwoman McClellan asked if shipping containers can be used for office space and living space. Mr. Tajan stated that the Zoning Ordinance does not prohibit the utilization of shipping containers as building materials to be used for office and living uses. City Planning Commission Zoning Text Amendment  Text amendment to allow the creation of new lots that do not meet the lot size minimums by Conditional Use Permit  Board of Zoning appeals has been granting disproportionate number of variances to lot size dimensional minimums (width and area)  Variance process has limited public input  A significant number of variances being granted note that there is a potential need to address issue at a policy level  Text amendment proposes that the creation of a zoning lot that does not meet the dimensional standards for lot size by the granting of a Conditional Use permit  Requires additional public outreach and public hearings  Will be analyzed against existing lotting pattern (built environment), public input and Comprehensive Plan  Amendment requires:  Lots cannot be less than 25 feet in width and 2,500 square feet  Architectural design must be compatible with neighborhood or must be reviewed through the CUP by the Architectural Review Board City Planning Commission, by a vote of 5-0, recommends approval. -2-  Family Food Mart Conditional Use Permit Location  6819 Sewells Point Road Existing Conditions  Convenience Store Request  Conditional Use Permit to allow the convenience store to sell alcoholic beverages for off- premises consumption (Photograph, site plan, and location map presented.)  Site has operated as a convenience store since 1961  Property is currently vested for a convenience store and the sale of smoking products  2012 Request for Special Exception for off-premises alcohol sales was denied  2021 Request for Conditional Use Permit for sale of alcohol, off-premises was denied Planning Commission Recommendation City Planning Commission, by a vote of 5-0, recommends approval.  Support for small business trying to improve property  Letter of opposition received from the Coronado/Inglenook Civic League Councilwoman McClellan noted that the business is across the street from Norview High School. Savannah House Rentals, LLC Conditional Use Permit – Short-Term Rental Location  1547 Crane Avenue Existing Conditions  Single-family residence Request  Conditional Use Permit for a Short-Term Rental (Homestay) (Location maps and photograph presented.) Planning Commission Recommendation City Planning Commission, by a vote of 5-0, recommends approval.  One speaker in opposition noting issues with previous STR tenants and parking Councilwoman McClellan asked if there is a mechanism to calculate how much revenue this property has generated for the city. She also asked if the applicant is up to date on all fees. Mr. Tajan stated they do check with the Commissioner of the Revenue to make sure fees are up to date, but there is no mechanism available to show the revenue generated. Mr. Melita stated the property owner does not have to disclose that information. -3- Mr. Smigiel commented that there is no active civic league in this area currently. Mr. Tajan stated a public meeting was held and there were concerns about previous short-term rental tenants and parking. Councilwoman Johnson asked if this property had any violations. Mr. Tajan stated the property previously had a violation for operating without a Conditional Use Permit, and that is why the applicant is applying now. The applicant previously operated under administrative approval and they ceased operations in order to apply for the CUP. Councilwoman McClellan stated they are trying to comply now. Mr. Tajan stated an item tentatively scheduled for September will be Life’s Journey, a conditional rezoning that was heard by the City Planning Commission in June, which is located at 1420-1424 McNeal Avenue. CLOSED SESSION Motion for closed session was approved at 3:47 p.m. for purposes which are set out in Clauses 29, 29, 29, 29, 1 and 1 of subsection (A) of Section 2.2-3711 of the Virginia Freedom of Information Act, as amended: (29) Discussion of the award of a public contract on property located in the Downtown Area where discussion of the terms/scope of the project in an open session would adversely affect the negotiating strategy of the public body. (29) Discussion of the award of a public contract on property located in the Downtown area where discussion of the terms/scope of the project in open session would adversely affect the negotiating strategy of the public body. (29) Discussion of the award of a public contract on property located in the Military Circle area, Ward 4 area where discussion of the terms/scope of the project in an open session would adversely affect the negotiating strategy of the public body. (29) Discussion of the award of a public contract on property located in the Ghent area, Ward 2 area, where discussion of the terms/scope of the project in an open session would adversely affect the negotiating strategy of the public body. (1) Discussion of prospective candidates for boards, commissions, committees, and authorities. -4- (1) Discussion of personnel issue related to the Chief Administration of Public Safety preference regarding law efforts. Yes: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas and Alexander. No: None. -5-  July 9, 2024 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, JULY 9, 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 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  July 9, 2024 PUBLIC HEARING PH‐1 Public Hearing scheduled this day, pursuant to State Law, to hear comments on an Ordinance Finding a Public Necessity for the Acquisition of a Strip of Private Property and the Acquisition of a Temporary Construction Easement Adjacent thereto for the Purpose of Opening, Constructing, and Maintaining a Sidewalk Along the Front of an Existing Parcel of Land Located at 5844 East Virginia Beach Boulevard in the City of Norfolk; Authorizing the Acquisitions by Either Purchase Agreement or Condemnation; and Acknowledging the Expenditure of $23,000.00 for Such Purposes. An Ordinance Finding a Public Necessity for the Acquisition of a Strip of Private Property and the Acquisition of a Temporary Construction Easement Adjacent thereto for the Purpose of Opening, Constructing, and Maintaining a Sidewalk Along the Front of an Existing Parcel of Land Located at 5844 East Virginia Beach Boulevard in the City of Norfolk; Authorizing the Acquisitions by Either Purchase Agreement or Condemnation; and Acknowledging the Expenditure of $23,000.00 for Such Purposes. - (Ordinance No. 49655) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander REGULAR AGENDA R‐1 An Ordinance Amending The FY2024 Annual Appropriations Ordinance (No. 49,220) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $10,000,000 From The National Fish And Wildlife Foundation, And Appropriating And Authorizing The Expenditure Of Local Matching Funds In The Amount Of $15,000,000 For The St. Paul's Blue Greenway Project. - (Ordinance No. 49656) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 2  July 9, 2024 R‐2 An Ordinance to Repeal Two Subsections of Section 25-653 regarding Yield Intersections and to Amend and Reordain Sections 25-649, 25-652, and 25-654 of the Norfolk City Code, 1979, so as to Add Two Intersections at which Right Turn on Red Prohibited, Two One-Way Streets and Seven Stop Intersections on Certain Streets. - (Ordinance No. 49657) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐3 An Ordinance Amending And Reordaining The Norfolk City Code, 1979, As Amended, So As To Repeal Section 2-54.4 Because It Unnecessarily Duplicates Section 2.1-1.10 Authorizing Contracts With The City's Constitutional Officers To Accept Their Employees Into Portions Of The City's Personnel System Pursuant To Section 2.1-3008 Of The Code of Virginia. - (Ordinance No. 49658) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐4 An Ordinance Approving The City Of Norfolk Entering Into An Agreement Accepting The Employees Of The Clerk Of Norfolk Circuit Court Into The City's Personnel System For The Limited Purposes Set Out In The Attached Agreement And Subject To All Restrictions Within It, Pursuant To Virginia Code Section 2.2 -3008 And Norfolk City Code Section 2.1-1.10. - (Ordinance No. 49659) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 3  July 9, 2024 R‐5 An Ordinance Approving The City Of Norfolk Entering Into An Agreement Accepting The Employees Of The Commissioner Of The Revenue Into The City's Personnel System For The Limited Purposes Set Out In The Attached Agreement And Subject To All Restrictions Within It, Pursuant To Virginia Code Section 2.2-3008 And Norfolk City Code Section 2.1-1.10. - (Ordinance No. 49660) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐6 An Ordinance Approving The City Of Norfolk Entering Into An Agreement Accepting The Employees Of The Norfolk Commonwealth's Attorney Into The City's Personnel System For The Limited Purposes Set Out In The Attached Agreement And Subject To All Restrictions Within It, Pursuant To Virginia Code Section 2.2-3008 And Norfolk City Code Section 2.1-1.10. - (Ordinance No. 49661) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐7 An Ordinance Approving The City Of Norfolk Entering Into An Agreement Accepting The Employees Of The Norfolk Sheriff Into The City's Personnel System For The Limited Purposes Set Out In The Attached Agreement And Subject To All Restrictions Within It, Pursuant To Virginia Code Section 2.2-3008 And Norfolk City Code Section 2.1-1.10. - (Ordinance No. 49662) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 4  July 9, 2024 R‐8 An Ordinance Approving The City Of Norfolk Entering Into An Agreement Accepting The Employees Of The Norfolk City Treasurer Into The City's Personnel System For The Limited Purposes Set Out In The Attached Agreement And Subject To All Restrictions Within It, Pursuant To Virginia Code Section 2.2-3008 And Norfolk City Code Section 2.1-1.10. - (Ordinance No. 49663) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐9 An Ordinance Authorizing the Issuance and Sale by the City of Norfolk, Virginia, of up to $300,000,000 in General Obligation Refunding Bonds to Refund Earlier Bond Issues - (Ordinance No. 49664) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐10 An Ordinance Amending The FY2024 Annual Appropriations Ordinance (No. 49,220) So As To Accept, Appropriate and Authorize The Expenditure Of Grant Funds Up To The Sum Of $16,666 From The Virginia Department of Behavioral Health And Developmental Services To Support The Norfolk Community Services Board To Provide MH STEP-VA Outpatient Trainings, If And When Received. - (Ordinance No. 49665) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐11 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 “Boil Bay Seafood City” on Property Located at 5957 East Virginia Beach Boulevard, Suite 4. - (Ordinance No. 49666) ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Alexander NAYS: Martin A. Thomas Jr. 5  July 9, 2024 R‐12 An Ordinance Providing Employees an Additional Day of Holiday Leave on Friday, July 5, 2024. - (Ordinance No. 49667) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander NEW BUSINESS Dale White of Emmanuel Episcopal Church, 4700 Colley Avenue, extended an invitation to a community event geared towards helping neighbors in need. Richard Hahn, president of Oceanview Business Association, 504 W. Ocean View Avenue, thanked the Council for their support of the Mermaid Fest 2024 and spoke regarding the success of the event. Marina Glanville, 120 Kidd Boulevard, spoke regarding the need for policies regarding minors on Norfolk State University campus and crimes against children. Paul R. Davis, 120 Kidd Boulevard, spoke regarding running for Governor of Virginia and suing the City of Norfolk. The following spoke regarding a ceasefire in Gaza: Sahir Miza, 3940 Meeting House Road, Virginia Beach Tariq Jawhar, 3304 Lynnhurst Boulevard, Chesapeake Sally Gudas, 9419 Selby Place Angela Stevens, 1701 Parkview Avenue Ron Atkinson, 129 Witchduck Road, Virginia Beach, spoke regarding mobilizing the community of faith to pray for Norfolk. The following spoke regarding PH1 and PH1a, which was previously heard and voted upon on June 25, 2024: Max Lichtenstein, 901 Ashbrook Court, Virginia Beach Jale Evsen Wright, former owner of Naci’s Corner Café, 1613 While Lane Rose Hammel, 635 Monticello Avenue ADJOURNMENT 6