City Council Agendas

August 27, 2024 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, AUGUST 27, 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 Absent 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 TO EXCUSE Motion to Excuse Councilwoman McClellan ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan 1  August 27, 2024 APPROVAL OF MINUTES Approve the minutes of the previous City Council meeting. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan 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, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan INVITATION FOR BIDS IB‐1 Invitation to Bid and Notice of Public Hearing for a Long-term Garage Parking Agreement, with a term of eight (8) years, with the option to extend the term for up to three (3) additional periods of one (1) year each, for the Lease of fifty-one (51) parking spaces in the Main Street Garage located at 230 E. Main Street in the City of Norfolk, Virginia, subject to certain terms and conditions. ACTION: Continued to September 10, 2024 [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan 2  August 27, 2024 PUBLIC HEARINGS PH‐1 Public Hearing scheduled this day, pursuant to State Law, on the application of A-OK STORAGE, for a change of zoning from Conditional I-L (Industrial – Light) to Conditional I-L (Industrial – Light) at 1121 Harmony Road. An Ordinance to Rezone Property Located at 1121 Harmony Road in Order to Change Conditions on Property Zoned Conditional I-L (Industrial - Light) District. - (Ordinance No. 49690) Lisa Murphy, attorney for the applicant, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan PH‐2 Public Hearing scheduled this day, pursuant to State Law (§15.2-2507), to hear comment amending and reordaining Section 1 of the FY2025 annual appropriations and budget ordinance (No. 49,590), as amended, so as to increase the General Fund - Operating Budget and appropriations for Norfolk Public Schools in the amount of $17,990,000, if and when received from the Virginia Department of Education, and authorizing its expenditure. This exceeds 1% of the total expenditures shown in the currently ado An Ordinance Amending And Reordaining Section 1 Of The FY2025 Annual Appropriations and Budget Ordinance (No. 49,590), As Amended, So As To Increase The General Fund - Operating Budget and Appropriations For Norfolk Public Schools In The Amount Of $17,990,000, If And When Received From The Virginia Department Of Education, And Authorizing Its Expenditure. - (Ordinance No. 49691) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan 3  August 27, 2024 PH‐3 Public Hearing scheduled this day, pursuant to State Law, to hear comments Approving a Lease from the City of Norfolk, as Landlord, to Downtown Norfolk Development Corporation t/a Downtown Norfolk Council, as Tenant, for a Portion of the Real Property Located at 208 E. Main Street in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the Lease on Behalf of the City of Norfolk. An Ordinance Approving a Lease From the City of Norfolk, as Landlord, to Downtown Norfolk Development Corporation t/a Downtown Norfolk Council, as Tenant, for a Portion of the Real Property Located at 208 E. Main Street in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the Lease on Behalf of the City of Norfolk. - (Ordinance No. 49692) The applicant, Mary Miller of the Downtown Norfolk Council, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan 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 the Operation of a Tattoo Parlor Named “American Tattoo Society” on Property Located at 8510 Hampton Boulevard. - (Ordinance No. 49693) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan 4  August 27, 2024 C‐2 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 1547 Crane Avenue. - (Ordinance No. 49694) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan C‐3 An Ordinance Permitting OVCBC Properties, LLC to Encroach into 22nd Bay Street at 9529 Shore Drive with a Handicapped Parking Space and Ramp. - (Ordinance No. 49695) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan C‐4 An Ordinance directing the City Treasurer to issue a refund to Macsons, Incorporated based upon the overpayment of its Business Tangible Personal Property Tax for Tax Year 2024. - (Ordinance No. 49696) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan C‐5 An Ordinance Approving a Right of Entry Agreement with the Virginia Department of Environmental Quality for Air Quality Monitoring Equipment in the Lamberts Point Area of the City - (Ordinance No. 49697) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan 5  August 27, 2024 C‐6 An Ordinance directing the City Treasurer to issue a refund to Universal Air Products Corporation, upon the overpayment of its Business Tangible Personal Property Tax for Tax Year 2024. - (Ordinance No. 49698) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan C‐7 A Resolution Providing Authorization for Norfolk Redevelopment and Housing Authority Issuance of up to $27,954,000 Multifamily Housing Revenue Bonds for Talbot Park Apartments. - (Resolution No. 1918) NRHA executive director, Nathan Simms, was present to answer any questions relative to this matter. The project developer, Ed Solarz, 101 West Commerce Road, Richmond, was present to answer any questions relative to this matter. The attorney for the applicant, Michael Graff, 101 W. Main Street, was present to answer any questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan REGULAR AGENDA R‐1 An Ordinance Authorizing and Approving an Interim Agreement Between the City of Norfolk and Armada Hoffler Construction Company Under the Public-Private Education Facilities and Infrastructure Act for the Design of the East Bute Street Garage Project. ACTION: Continued [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Alexander ABSTAIN: Thomas Jr. ABSENT: McClellan 6  August 27, 2024 R‐2 An Ordinance Approving a First Amendment to Grant Agreement Between the City of Norfolk and Hampton Roads Workforce Council and Authorizing the City Manager to Execute the First Amendment to Grant Agreement on Behalf of the City of Norfolk. - (Ordinance No. 49699) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan R‐3 An Ordinance Authorizing the Grant Agreement Between the National Fish and Wildlife Foundation, as Grantor, and the City of Norfolk, as Grantee, for the Acceptance of Grant Funds in the Amount of $10,000,000 for the Construction of Stormwater Wetlands to Improve Flood Management and Water Quality for the St. Paul's Blue Greenway Project in the City of Norfolk, Authorizing the City Manager to Execute the Grant Agreement on Behalf of the City of Norfolk, and Authorizing the Expenditure of Grant Funds Previously Appropriated in the Amount of $10,000,000 and the Expenditure of Funds Previously Appropriated in the Amount of $15,000,000. - (Ordinance No. 49700) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan R‐4 An Ordinance Approving a Second Amendment to Lease Agreement by and Between 731 Monticello Avenue, L.L.C., as Lessor, and the City of Norfolk, as Lessee, for the Lease of 17 Off-Street Surface Parking Spaces on a Portion of the Property Located at 727-729 Monticello Avenue in the City of Norfolk, Virginia, Authorizing the City Manager to Execute the Second Amendment to Lease Agreement on Behalf of the City of Norfolk, and Authorizing the Expenditure of a Sum of $9,180.00 From Funds Heretofore Appropriated for Rent Payments Due Under the Lease Agreement. - (Ordinance No. 49701) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Alexander ABSTAIN: Thomas Jr. ABSENT: McClellan 7  August 27, 2024 R‐5 An Ordinance Approving a Second Amendment to Lease Agreement by and Between Starke Street, L.L.C., as Lessor, and the City of Norfolk, as Lessee, for the Lease of Off- Street Surface Parking on a Portion of the Property Located at 730 Granby Street in the City of Norfolk, Virginia, Authorizing the City Manager to Execute the Second Amendment to Lease Agreement on Behalf of the City of Norfolk, and Authorizing the Expenditure of a Sum of $32,136.00 From Funds Heretofore Appropriated for Rent Payments Due Under the Lease Agreement. - (Ordinance No. 49702) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Alexander ABSTAIN: Thomas Jr. ABSENT: McClellan R‐6 An Ordinance Approving an Amendment to Lease Agreement Between Monticello Avenue, L.L.C. and the City of Norfolk, to Amend Certain Terms Regarding the City's Appropriation of Funds; and Appropriating and Authorizing the Expenditure of Funds in the Amount of $47,038.18 For Rent Payments. - (Ordinance No. 49703) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Alexander ABSTAIN: Thomas Jr. ABSENT: McClellan R‐7 An Ordinance Authorizing the Acquisition of an Easement Over Certain Parcels of Property Owned by 5 Pines Corporation in the City of Suffolk as Part of the Commonwealth Railway Project For the Sum of $102,025.00 and Authorizing the Expenditure of a Sum of Up to $120,000.00 From Funds Heretofore Appropriated For Acquisition of the Easement and All Related Transactional Costs. - (Ordinance No. 49704) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: Andria P. McClellan 8  August 27, 2024 R‐8 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 “Family Food Mart” on Property Located at 6819 Sewells Point Road. The applicant, Dedrick Leary, 1604 Teton Court, Chesapeake, spoke in support of this matter. Angela Smith, Inglenook Civic League, 958 Philpotts Road, spoke in opposition to this matter. ACTION: Motion Lost [1 to 6] AYES: Paige NAYS: Doyle, Johnson, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan R‐9 A RESOLUTION APPOINTING AND REAPPOINTING 52 MEMBERS TO 6 COMMISSIONS,10 BOARDS, and 4 AUTHORITIES, FOR CERTAIN TERMS. - (Resolution No. 1919) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSENT: McClellan NEW BUSINESS Calvin Williams, 1030 W. 24th Street, spoke regarding My2K Foundation and the Safe Passage program. Andrian Boyd, 1030 W. 24th Street, spoke regarding My2K Foundation and the Safe Passage program. Cedric Hammond, 1030 W. 24th Street, spoke regarding My2K Foundation and the Safe Passage program. Eva Williams, 4041 Flowerfield Court, spoke regarding opening and operations of city pools. Leon Judge, 4602 Lind Street, spoke regarding the department of parks and recreation and City programs. Shawn Foreman, 2104 Verona Quay, Virginia Beach, spoke regarding the GEM lot purchase process. 9  August 27, 2024 Burrell Corbin, 5500 Berryhill Road, spoke regarding Poplar Hall facilities the grate steak site funds to build for poplar halls. Alton Robinson, 5116 E. Princess Anne Road, spoke expressing gratitude from the park place community for the support during the festival. Tiarra Lassiter, 3055 Sewells Point Road, spoke regarding community concerns regarding the Lexington Park area. Sean Paul Williams, 1884 River Rock Arch, Virginia Beach, spoke regarding increasing political literacy in Norfolk. Sally Gudas, 9419 Selby Place, spoke regarding a ceasefire in Gaza. Angela Stevens, 1701 Parkview Avenue, spoke regarding a ceasefire in Gaza. Steve Baggarly, 2616 Bowdens Ferry Road, spoke regarding a ceasefire in Gaza. ADJOURNMENT 10