City Council Agendas

NORFOLK, VIRGINIA MEETING OF COUNCIL TUESDAY, JULY 16, 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 Presenter: Mr. Andy Fox, Deputy City Attorney Mr. Fox reported as follows: Interim Agreement Key Provisions  Preliminary design cost of $6.1M  Site Plan, Utilities, Stormwater, Environmental  Preliminary design of new Maury High School building  Layout and preliminary design of athletic facilities  Multipurpose athletic field, baseball field, softball field, tennis  Natatorium/pool complex  Development of Guaranteed Maximum Price (GMP) construction cost proposal  Design work commencing in August 2024, GMP developed by March 2025  New school opens for 2028-2029 school year A conceptual layout was also presented. Mr. Fox stated that the timeline is to come back to the Council in March of 2025 with a comprehensive agreement and final guaranteed price figure for construction. Councilwoman McClellan expressed concern because Council members have received emails from the community that the pool complex is not being considered. Mayor Alexander stated that this is to do the study and design and that all of the athletic facilities will be considered. Mr. Fox stated that what was in the Granicus package showing $5.6M did not include the pre-design consideration of the pool both in terms of scope and price. The $6.1M is an increase and reincludes the natatorium. Councilwoman Doyle encouraged everyone to move as quickly as possible on this project because the price will only increase over time. Councilman Smigiel commented that what was explained at the community meeting where 150 plus citizens were in attendance, was that they have to go through the design process to see what the actual costs are going to be. -1- R-11 Presenter: Mr. Adam Melita, Chief Deputy City Attorney Mr. Melita stated that R-11 is a walk-on item for tonight’s docket. It is a right-of-entry for an event occurring on Saturday, July 27, 2024. CLOSED SESSION Motion for closed session was approved at 3:47 p.m. for purposes which are set out in Clauses 1, 1, 3, 29 and 29 of subsection (A) of Section 2.2-3711 of the Virginia Freedom of Information Act, as amended: (1) Discussion of the performance evaluation of the City Manager, a council appointee. (1) Discussion of applicants for a Board, Commission, Authority and/or Committee appointments. (3) Discussion of the disposition of real property in Ward 2, where discussion in an open session would adversely affect the bargaining position of the public body. (29) Discussion of the award of a public contract on property located in Downtown, Ward 2, 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, Ward 2, where discussion of the terms/scope of the project in open session would adversely affect the negotiating strategy of the public body. Yes: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas and Alexander. No: None. -2-  July 16, 2024 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, JULY 16, 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, Royster, Smigiel Jr., Thomas Jr., Alexander AWAY: Paige 1  July 16, 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, Royster, Smigiel Jr., Thomas Jr., Alexander AWAY: Paige PUBLIC HEARINGS PH‐1 Public Hearing scheduled this day, pursuant to State Law, to hear comments concerning a proposal received from Armada Hoffler Construction Company to design and construct a parking structure at 698 Saint Paul’s Boulevard under the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA). Close the Public Hearing and Continue to August 27, 2024. ACTION: Continued [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH‐2 Public Hearing scheduled this day, pursuant to State Law, concerning entry into an Interim Agreement under the Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA) with the School Board of the City of Norfolk and Heartland Construction, Inc. for preliminary design of the new Maury High School. An Ordinance Authorizing and Approving an Interim Agreement Between the City of Norfolk, the School Board of the City of Norfolk, and Heartland Construction Company, Inc. Under the Public-Private Education Facilities and Infrastructure Act for the Design of the New Maury High School. - (Ordinance No. 49668) The applicant, Robert Hudson, Heartland Construction Company, Inc., spoke in support of this matter. 2  July 16, 2024 William Stiles, 1121 Graydon Avenue, spoke in support of this matter. Ellen Schwarting, 7400 Millbrook Road, spoke in support of this matter. Alice Allen Grimes, 1322 Mallory Court, spoke in opposition to this matter. Carin Carr, 1511 Powhatan Court, spoke in support of this matter. Christina Belcher, 1607 Boyce Drive, spoke in support of this matter. Jeff Belcher, 1607 Boyce Drive, spoke in support of this matter. ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: Paige PH‐3 Public Hearing scheduled this day, pursuant to State Law to hear comments Approving a Purchase and Development Agreement by and Between the City of Norfolk, as Seller, and Breeden Investment Properties, Inc., as Developer, for that Certain Parcel of Real Property Located at 701 Monticello Avenue in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the Purchase and Development Agreement on Behalf of the City of Norfolk. An Ordinance Approving a Purchase and Development Agreement by and Between the City of Norfolk, as Seller, and Breeden Investment Properties, Inc., as Developer, for that Certain Parcel of Real Property Located at 701 Monticello Avenue in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the Purchase and Development Agreement on Behalf of the City of Norfolk. - (Ordinance No. 49669) Mary Miller of the Downtown Norfolk Council, 208 E. Main Street, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Alexander ABSTAIN: Thomas Jr. 3  July 16, 2024 PH‐4 Public Hearing scheduled this day, pursuant to State Law, to hear comment Approving a Lease Agreement with Copy Connection, LLC, as Lessee, for the property known as 240 East Main Street, in the City of Norfolk. An Ordinance Approving a Lease Agreement with Copy Connection, LLC, as Lessee, for the Property Known as 240 East Main Street, in the City of Norfolk. - (Ordinance No. 49670) Mary Miller of the Downtown Norfolk Council, 208 E. Main Street, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH‐5 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to Castles & Cottages Construction Company LLC of that Certain Parcel of Property Located at 400 Middlesex Street in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to Castles & Cottages Construction Company LLC of that Certain Parcel of Property Located at 400 Middlesex Street in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. - (Ordinance No. 49671) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 4  July 16, 2024 PH‐6 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to Castles & Cottages Construction Company LLC of that Certain Parcel of Property Located at 749 E. 28th Street in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to Castles & Cottages Construction Company LLC of that Certain Parcel of Property Located at 749 E. 28th Street in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. - (Ordinance No. 49672) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander PH‐7 Public Hearing scheduled this day, pursuant to State Law, to hear comments Authorizing the Sale and Conveyance to ABJO Investment LLC of that Certain Parcel of Property Located at 2511 Middle Avenue in Accordance with the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. An Ordinance Authorizing the Sale and Conveyance to ABJO Investment LLC of that Certain Parcel of Property Located at 2511 Middle Avenue in Accordance With the Terms and Conditions of the City's Online Real Estate Auction and Authorizing the Modification, Revision or Release of Certain Protective and Restrictive Covenants. - (Ordinance No. 49673) The applicant, Danielle Dawley, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 5  July 16, 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 directing the City Treasurer to issue a refund to Terramar USA LLC based upon the overpayment of its Business License Tax for Tax Year 2024. - (Ordinance No. 49674) C‐2 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9552 13th Bay Street. - (Ordinance No. 49675) C‐3 An Ordinance Granting Conditional Use Permits to Authorize the Sale of Alcoholic Beverages for Both On-Premises and Off-Premises Consumption at a Restaurant Named “Coastal Country” on Property Located at 4201 Pleasant Avenue, Unit 101. - (Ordinance No. 49676) C‐4 An Ordinance Granting Conditional Use Permits to Authorize the Sale of Alcoholic Beverages for Both On-Premises and Off-Premises Consumption at a Restaurant Named “Gran Maya Mexican Grill” on Property Located at 2200 Colonial Avenue, Unit 1. - (Ordinance No. 49677) C‐5 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9634 8th Bay Street. - (Ordinance No. 49678) C‐6 An Ordinance Granting a Conditional Use Permit to Modify Authorize Alternative Signage on Properties Located at 2315, 2401, 2419, 2501, 2517, 2601, 2605, and 2613 Hampton Boulevard; 1250 West 24th Street; 1215, 1217, 1221, and 1225 West 25th Street; 1204, 1207, and 1209 West 26th Street; and 1213 West 27th Street, known as “The Railyard at Lambert’s Point.” - (Ordinance No. 49679) 6  July 16, 2024 C‐7 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Retail Goods Establishment and Used Merchandise Sales on Property Located at 216 West 25th Street. - (Ordinance No. 49680) C‐8 An Ordinance Granting a Conditional a Use Permit to Authorize the Sale of Alcoholic Beverages for Off-Premises Consumption at an Establishment Named “The Sunflower Florist” on Property Located at 1908 Colley Avenue. - (Ordinance No. 49681) 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. Allen Reynolds, Esq., 1344 Armistead Bridge Road, spoke in support of this matter. ACTION: Continued Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐2 An Ordinance Approving a Purchase and Sale Agreement by and Among the City of Norfolk, as Purchaser, and 711 Granby Street L.L.C., Downtown Norfolk Properties, L.L.C., Starke Street, L.L.C., and 731 Monticello Avenue, L.L.C., as Seller, for Those Certain Parcels of Real Property Located at 718, 724 and 730 Granby Street, and 723, 727, 729 and 731 Monticello Avenue in the City of Norfolk, Virginia, and Authorizing the City Manager to Assign the Purchase and Sale Agreement to Breeden Investment Properties, Inc. and to Execute an Assignment and Assumption Agreement Between the City, as Assignor, and Breeden Investment Properties, Inc., as Assignee. - (Ordinance No. 49682) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 7  July 16, 2024 R‐3 An Ordinance Approving a First Amendment to Purchase and Development Agreement by and Between the City of Norfolk, as Seller, and Bruce Smith Enterprise, LLC, as Developer, Regarding the Property Located at 698 Saint Paul's Boulevard in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the First Amendment to Purchase and Development Agreement on Behalf of the City of Norfolk. - (Ordinance No. 49683) Monet Johnson, 208 W. 25th Street, spoke in support of this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Alexander ABSTAIN: Thomas Jr. R‐4 A Resolution in Support of the Applications to the Virginia Department of Transportation ("VDOT") for Fiscal Year 2028/2029 Smart Scale Projects for Four Highway Safety Projects and in Support of the request for VDOT to Fund the Projects in an Amount up to $33,000,000. - (Resolution No. 1917) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐5 An Ordinance Amending The FY2025 Annual Appropriations Ordinance (No. 49,590) So As To Accept, Appropriate And Authorize The Expenditure Of Donated Funds Up To The Sum of $125,000 From the Norfolk Public Library Foundation For The Support Of The Nature Explorium Renovation At The Richard A. Tucker Memorial Branch Library. - (Ordinance No. 49684) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 8  July 16, 2024 R‐6 An Ordinance Amending the FY2025 Annual Appropriations Ordinance (No. 49,590) so as to Accept, Appropriate and Authorize the Expenditure of Donated Funds up to the sum of $4,485 from the Hampton Roads Community Foundation for the Support of the Graphic Design & Music Lab at the Barron F. Black Branch Library. - (Ordinance No. 49685) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐7 An Ordinance Amending the FY2025 Annual Appropriations Ordinance (No. 49,590) so as to Accept, Appropriate and Authorize the Expenditure of Additional Grant Funds up to the sum of $61,880.77 from the Department of Housing and Community Development for the Virginia Eviction Reduction Pilot Program (Program Year 2024) to Provide Eviction Prevention Services for Households at Imminent Risk of Eviction. - (Ordinance No. 49686) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐8 An Ordinance Authorizing the Acquisition of an Easement Over and Under a Certain Parcel of Property Known as Tax Parcel No. 19D(2)14*16*17 in the City of Suffolk as Part of the Commonwealth Railway Project For the Sum of $3,000.00 and Authorizing the Expenditure of a Sum of Up to $6,000.00 From Funds Heretofore Appropriated for Acquisition of the Easement and All Related Transactional Costs. - (Ordinance No. 49687) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐9 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. ACTION: Continued [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 9  July 16, 2024 R‐10 An Ordinance Approving A Lease Agreement Between Circle South, LLC, As Lessor, And The City Of Norfolk, As Lessee, For The Lease Of A Portion Of The Property Located At 835 Glenrock Road; Authorizing The City Manager To Execute The Lease Agreement On Behalf Of The City Of Norfolk; And Authorizing The Expenditure Of A Sum Of Up To $729,360.06 For Rent Payments. - (Ordinance No. 49688) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐11 An Ordinance Approving a Right of Entry Agreement Between the City of Norfolk and Reck League for Use of the Properties Located at 801 & 901 Church Street on July 27, 2024 for a Community Health Fair and Senior and Family 2K Walk Event - Victory Over Violence and Authorizing the City Manager to Execute the Right of Entry on Behalf of the City - (Ordinance No. 49689) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐12 Appointment of Denia L. Rauls to the position of Assistant Auditor II, effective July 15, 2024, in Plan 1, Grade 14 of the City’s General Compensation Plan, to serve at the pleasure of the City Auditor. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander NEW BUSINESS Elijah Mackey, 17 E. Lecester Avenue, spoke regarding his book regarding wildlife preservation. Michael Seiler, 7600 Nancy Drive, spoke regarding the prohibition of sailboats on Lake Whitehurst. Monet Johnson, 208 W. 25th Street, spoke regarding affordable housing. Tiara Lassiter, 3055 Sewells Point Road, spoke regarding the housing crisis. ADJOURNMENT 10