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City Council Agendas

Regular Meeting

Norfolk, NE · September 10, 2024

AgendaMinutes

Minutes

NORFOLK, VIRGINIA MEETING OF COUNCIL TUESDAY, SEPTEMBER 10, 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, John E. Paige, Mr. Thomas R. Smigiel Jr., and Vice Mayor Martin A. Thomas Jr. Ms. Danica J. Royster participated telephonically. RESOLUTION FOR REMOTE PARTICIPATION Resolution approving the participation through electronic communication means by Councilwoman Danica J. Royster in the Norfolk City Council meeting on September 10, 2024. ADOPTED: Yes: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas and Alexander. No: None. AGENDA 2024 Resident Survey Results Presenters: Mr. Pete Buryk, Director of Budget Mr. Jason Morado, Vice President and Director of Community Research, ETC Institute Mr. Buryk stated the goal of the survey was to gather feedback and opinions about city priorities and the quality of programs and services. The use of surveys using rigorous statistical methods is a key component of the city’s overall program and culture of data informed recommendations in decision making. There was strong resident participation across the city both geographically and demographically. Following today’s presentation the survey results will be made available on the city’s website at https://data.norfolk.gov. Mr. Morado reported as follows: ETC Institute is a national leader in market research for local governmental organizations. For more than 40 years, their mission has been to help city and county governments gather and use survey data to enhance organizational performance. More than 3 million people have been surveyed since 2014 for more than 1,000 communities in 49 states. Methodology  Survey Description o Five-page survey; each survey takes approximately 15-20 minutes to complete o 2nd Resident Survey conducted for the City of Norfolk -1-  Method of Administration o By mail and online to randomly selected sample of city residents  Sample Size o 917 completed surveys (goal was 750); over 150 surveys per city ward o Margin of error: +/- 3.2% at the 95% level of confidence What We Learned  Overall, satisfaction ratings are similar to 2022  Significant Increases o Satisfaction with overall police services and feeling of safety in Norfolk o 61% feel the city is moving in the right direction, compared to 47% in 2022  Top Overall Priorities o Public schools o Traffic flow o Enforcing codes and ordinances o Human services (adult services, family services, juvenile services, public assistance, homelessness Mr. Morado presented and reviewed several graphs regarding the following:  Overall Satisfaction with City Services  Trend Analysis  Importance-Satisfaction Rating Major City Services Trend Analysis Notable increases in satisfaction since 2022: o Library and recreation programming for children, teens, persons with disabilities, adults and senior citizens o Feeling of safety downtown o Overall feeling of safety in Norfolk and in your neighborhood o Feeling of safety in your neighborhood at night o Visibility of police in neighborhoods and retail/commercial areas Notable decreases in satisfaction since 2022: o Condition of major city streets o Recycling services o Scooter and e-bike services o Maintenance of public buildings and facilities Major City Services that are Most Important for the City to Improve: o Quality of public schools o Flow of traffic on Norfolk streets o Quality of police services o Quality of services provided by the city o Enforcement of codes/ordinances o Quality of human services provided by city -2- o Effectiveness of city communication with public o Value of parks and recreation programs/facility o Quality of customer services from city employees o Quality of water and sewer services o Quality of waste management services o Value of Norfolk libraries o Quality of fire and ambulance services Sources used to obtain/receive information about the city:  Social media 65%  City website 63%  Local television 58%  Word of mouth 42%  Norfolk alert 34%  Newspaper 32%  Radio 21%  Newsletters 19% Summary  Overall, satisfaction ratings are similar to 2022  Significant increase in satisfaction with overall police services and feeling of safety in Norfolk  61% feel the city is moving in the right direction, compared to 47% in 2022  Top Overall Priorities: o Public schools o Traffic flow o Enforcing codes and ordinances o Human services (adult services, family services, juvenile services, public assistance, homelessness) Mr. Roberts stated the 14% increase in the way that citizens view the city’s direction is significant. Also of note is the area of service around public safety which is a validation of the work that City Council has done at the budget and policy level in support of the men and women of the Norfolk Police Department. The levels of dissatisfaction in the survey results are consistent with what Council members have cited over the last several months. Fortunately, some of those areas are being addressed, such as additional staffing for code enforcement, funding for additional contractors to help with beautification around the city, and additional enforcement, education, funding, and engineering of Vision Zero. Going into the budget season over the next few months, they will continue to focus on areas where additional resources and work program updates are needed. In the areas of recycling and scooters and e-bikes, we recently executed extensions or renewals of those contracts and we’ve taken care to include some performance standards to get at some of the concerns that were raised in the surveys. -3- Councilwoman McClellan expressed concern that transparency continues to be an issue. Councilwoman McClellan suggested meeting with the School Board on a quarterly basis. Councilman Smigiel and Councilwoman Johnson echoed Councilwoman McClellan and that the City Council needs to continue being advocates for Norfolk Public Schools. Councilwoman Doyle agreed with Mr. Roberts in terms of the direction we are moving in to provide funding and resources for those areas needing attention. She also thanked Chief Talbot for the work they have done. Councilman Paige, Councilwoman Royster, and Councilman Smigiel asked for a breakdown on citizen participation by Ward. In addition, Councilman Smigiel asked for a breakdown of participants by age, also. Councilwoman Johnson asked:  For additional funding for Vision Zero.  Regarding scooters and e-bikes, there are no locations in communities where they can be parked and properly stored, so they end up on streets or sidewalks or bushes. These businesses need to do a better job in picking them up since they have the ability to track their locations. City Planning Update Presenters: Mr. Bobby Tajan, Director of Planning Mr. Tajan reported as follows: City Planning Commission Zoning Text Amendment – Nonconforming Structures  Structures that do not meet current zoning requirements are non-conforming and are limited to the improvements permitted before requiring full Zoning Ordinance compliance  <50% of the assessed value  The Board of Zoning Appeals has approved several variances to existing structures that are nonconforming to the required building setbacks  This amendment will simplify Zoning approval for renovations of existing single-family structures that do not meet certain setbacks Two amendments are proposed:  Allows improvements to non-conforming single-family structures if the structure is not expanded with no limitation to cost  Does not apply to properties non-conforming to floodplain regulations  Increase the existing administrative variance (modification) from 15% to 30% of the distance for side yard setbacks for existing single-family structures  Process requires notifications of adjacent property owners  Any modification not granted by the Zoning Administrator may be heard by the Board of Zoning Appeals (Example presented) -4- Planning Commission Recommendation City Planning Commission, by a vote of 6-0, recommends approval  Helps homeowners maintain existing homes without extensive additional processes  Helps existing housing stock be maintained and renovated which is more attainable Councilwoman Johnson expressed concern that the Board of Zoning Appeals make decisions for our communities when they know little about these neighborhoods and receive no input from Council members. Councilman Smigiel expressed concern that many of their meetings barely have a quorum and he suggested that the City Attorney ascertain if Council can go back to recommending candidates to serve on this board. City Planning Commission Zoning Text Amendment-Site Plan Review  Site plan review has grown more complex and time consuming  Codes have gotten more complex, as have projects themselves  More projects have gone through “formal” review than ever intended  More projects to review  More reviewers reviewing projects than necessary  More time required  Single-family plan reviews have also become more complex and suffer from the same issues  Some zoning language is disorganized and outdated What changes are proposed  Major site plan review is being renamed “site plan review” and minor site plan review is being eliminated  The threshold for (formerly major) site plan review is being simplified – only applying to land disturbance  The single-family residential portion of minor site plan is being re-codified as “single-family plan review”  Many minor cleanups and revisions are being made to clarify, modernize, and reflect best practices Planning Commission Recommendation City Planning Commission, by a vote of 6-0, recommends approval  Proposed changes help to streamline processes  CVBIA and design professionals reviewed and provided feedback  No known opposition Life’s Journey Conditional Rezoning Location  1420-1424 McNeal Avenue Existing Conditions -5-  Assisted Housing/Residence Request  Rezone the property from SF-6 (Single Family-6) to Conditional C-C (Community-Commercial) to allow for a nursing home (Location map, photographs, and site plan presented)  Proposal is to rezone the property to Conditional C-C to allow for a nursing home on the property  The property has been used since the 1980’s as a woman’s shelter by the YWCA  Life’s Journey is proposing to operate a Residential Crisis Stabilization Unit which offers short term residential psychiatric and substance related services  Provides group therapy in a residential setting and is licensed by Commonwealth  Will not operate as a detox center and does not provide withdrawal treatments or other severe medical conditions  Defined as a nursing home which is permitted as a matter of right in the C-C district Proffered conditions:  The site shall be generally designed in accordance with the attached conceptual site plan, “Exhibit A,” subject to any revisions required during the building permit review process  If the Property is used as a Nursing Home, as defined by Norfolk Zoning Ordinance in effect on the date of adoption of this rezoning ordinance, the following operational limitations shall be imposed and maintained continuously by the operator of the facility:  The only outdoor space where patients are permitted on the property is the backyard area  The only time when patients shall be permitted outdoors on the property is between 9:00 a.m. and 8:00 p.m. every day  No employee, guest, or patient shall park any vehicle anywhere except on McNeal Avenue in front of the Property, if such parking is allowed by the City, or in the driveway  A minimum of three (3) security cameras shall be installed, positioned, and maintained in operation so as to monitor the exterior areas of the property  The maximum number of patients permitted to stay overnight on the property shall be the lesser of either (i) twenty, or (ii) the maximum number allowed by the state licensing agency authorizing the nursing home use  No patient shall be permitted to stay overnight in the back building located at 1420 McNeal Avenue Planning Commission Recommendation City Planning Commission, by a vote of 3-2, recommends approval  Speakers supporting (15) noted the need for services provided  Speakers against (10) noted impacts of the use and similar impacts as previous use on neighborhood  Petition 159 signatures against was provided at the public hearing  Those that voted against noted community opposition -6- 358 at Freemason Street, LLC Conditional Use Permit - STR Location  358 W. Freemason Street Existing Conditions  Multi-family Request  Allow an increase of Short-Term Rental units in the building from two to four in the HC-WF1 district (Location map and floor plan were presented) STR History  October 2020: CUP issued for one unit in main structure  July 2022: CUP issued for one unit in accessory structure  Two STRs approved on the property  February 2023: CUP issued reauthorizing both existing units  Violation issued September 2023 for expanding STR use to a third unit  Inspection revealed commercial space had been converted to residential space without permits or Certificate of Occupancy Neighborhood Analysis: Very few short-term rental properties operating in the area. Planning Commission Recommendation City Planning Commission, by a vote of 4-1-1, recommends approval.  Letter of opposition to increase from two to four units from the Freemason Street Area Association  Eight letters of opposition from residents in the area  One letter of support Anthony Clayton Conditional Use Permit – STR Location  1405 Longwood Drive Existing Conditions  Single-family Request  Allow the single-family home to operate as a Vacation Rental in the SF-10 and IRIO district. (Location map and photograph were presented) Neighborhood Analysis: No other short-term rentals have been approved in this area. Planning Commission Recommendation City Planning Commission, by a vote of 5-1, recommends approval.  Letter of support from the Larchmont Civic League  Two letters of concern/opposition from residents in the area -7- CLOSED SESSION Motion for closed session was approved at 4:23 p.m. for purposes which are set out in Clauses 3, 3, 3, and 29 of subsection (A) of Section 2.2-3711 of the Virginia Freedom of Information Act, as amended: (3) Discussion of the disposition of real property in the Park Place area, Ward 2, where discussion in an open meeting would adversely affect the bargaining position of the public body. (3) Discussion of the disposition of real property in Ward3, where discussion in an open meeting would adversely affect the bargaining position of the public body. (3) Discussion of the acquisition of real property for a public purpose in Ward 2, where discussion in an open meeting would adversely affect the bargaining position of the public body. (29) Discussion of the award of a public contract involving property in Ward 2, where in an 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. -8- September 10, 2024 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 10, 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 Arrived 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 Remote Thomas R. Smigiel Jr. Councilmember - Ward 5 Present Martin A. Thomas Jr. Vice Mayor - Ward 1 Present Kenneth Cooper Alexander Mayor Present Bernard Pishko City Attorney Present Patrick Roberts City Manager Present Richard A. Bull City Clerk 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 September 10, 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 PUBLIC HEARING PH‐1 Public Hearing scheduled this day, pursuant to State Law, to hear comments Approving an Amended and Restated Option to Purchase by and Among the City of Norfolk, Golden Eagle Consulting II, LLC, and the Pamunkey Indian Tribe, and Authorizing the City Manager to Execute the Amended and Restated Option to Purchase on Behalf of the City of Norfolk; Approving an Amended and Restated Development Agreement by and Among the City of Norfolk, Golden Eagle Consulting II, LLC, and the Pamunkey Indian Trib An Ordinance Approving an Amended and Restated Option to Purchase by and Among the City of Norfolk, Golden Eagle Consulting II, LLC, and the Pamunkey Indian Tribe, and Authorizing the City Manager to Execute the Amended and Restated Option to Purchase on Behalf of the City of Norfolk; Approving an Amended and Restated Development Agreement by and Among the City of Norfolk, Golden Eagle Consulting II, LLC, and the Pamunkey Indian Tribe, and Authorizing the City Manager to Execute the Amended and Restated Development Agreement on Behalf of the City of Norfolk; Approving a Construction and Use Covenant by and Among the City of Norfolk, Golden Eagle Consulting II, LLC, and the Pamunkey Indian Tribe, and Authorizing the City Manager to Execute the Construction and Use Covenant on Behalf of the City of Norfolk; and Authorizing the City Manager to Enter Into Certain Easements, Maintenance Agreements, and Other Agreements as are Required by the City of Norfolk Site Plan Review Process. - (Ordinance No. 49705) Uri Clinton, Attorney for Boyd Gaming, 6465 S. Rainbow Boulevard, Las Vegas, Nevada, spoke in favor of this matter. Maurice Slaughter, 2211, Frederick Boulevard, Portsmouth asked council to delay vote on this item. Alton Robinson, 5116 East Princess Anne Road, spoke regarding this matter. 2 September 10, 2024 Barrett Hicks, 1515 E. Indian River Road, spoke in favor of the revenue that the Casino would bring to the City. Anna Nagorniuk, 201 Westover Avenue, spoke in opposition to this matter. ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: 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. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐1 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of an Electric Vehicle Charging Station on Property Located at 1500 Ikea Way. - (Ordinance No. 49706) C‐2 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 7715 Castleton Place. - (Ordinance No. 49707) C‐3 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 241 West Ocean View Avenue. - (Ordinance No. 49708) C‐4 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a Tattoo Parlor Named “Karina Michele Permanent Cosmetics” on Property Located at 2113 Colonial Avenue. - (Ordinance No. 49709) C‐5 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 “Lake Wright Quality Suites” and “Sleep Inn” on Property Located at 1521 Premium Outlets Boulevard. - (Ordinance No. 49710) 3 September 10, 2024 C‐6 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9608 19th Bay Street. - (Ordinance No. 49711) C‐7 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 909 Hillside Avenue. - (Ordinance No. 49712) Michael Wallace and Wakaki Thompson, applicants, 909 Hillside Avenue, were present to answer questions in this matter. C‐8 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 4036 East Ocean View Avenue. - (Ordinance No. 49713) REGULAR AGENDA R‐1 A Resolution Certifying Golden Eagle Consulting II, LLC, as the Preferred Casino Gaming Operator Pursuant to Section 58.1-4109 of the Code of Virginia. - (Resolution No. 1920) ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: McClellan R‐2 An Ordinance Approving a Right of Entry Agreement by and Between the City of Norfolk, as Grantor, and Golden Eagle Consulting II, LLC, as Grantee, for the use of a Portion of Certain City-Owned Property Located at 200 Park Avenue, 306 Park Avenue, 1609 Lovitt Avenue, and 1617 Lovitt Avenue as a Construction Laydown Area and Authorizing the City Manager to Execute the Right of Entry Agreement on Behalf of the City of Norfolk. - (Ordinance No. 49714) ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: McClellan 4 September 10, 2024 R‐3 An Ordinance Accepting the Bid Submitted by Boyd Norfolk, LLC 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, and Authorizing the City Manager to Execute the Garage Parking Agreement on Behalf of the City. - (Ordinance No. 49715) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐4 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. - (Ordinance No. 49716) Barrett Hicks, 1515 E. Indian River Road, spoke regarding this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Alexander ABSTAIN: Thomas Jr. R‐5 An Ordinance Amending The FY2025 Annual Appropriations Ordinance (No. 49,590) So As To Re-Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum of $500,000 From The Hampton Roads Workforce Council's Norfolk Strong Project Grant For The Department Of Neighborhood Services' Eviction Prevention Assistance Program. - (Ordinance No. 49717) Barrett Hicks 1515 E. Indian River Road spoke regarding this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 5 September 10, 2024 R‐6 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 $320,762.70 from the Virginia Department of Environmental Quality Storm Water Local Assistance Fund for the Hague Constructed Wetland Project. - (Ordinance No. 49718) Barrett Hicks 1515 E. Indian River Road spoke regarding this matter. Alton Robinson 5116 E. Princess Anne Road spoke regarding this matter. 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 Grant Funds Up To The Sum Of $212,513 From The Virginia Department Of Environmental Quality Stormwater Local Assistance Fund, And Appropriating And Authorizing For Expenditure Local Matching Funds In The Amount Of $212,513 For The Pleasant Point Living Shoreline Project. - (Ordinance No. 49719) Barrett Hicks 1515 E. Indian River Road spoke regarding this matter. Alton Robinson 5116 E. Princess Anne Road spoke regarding this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 6 September 10, 2024 R‐8 An Ordinance Amending The FY2025 Annual Appropriations Ordinance (No. 49,590_ So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $334,079 From The Virginia Department Of Conservation And Recreation Virginia Community Flood Preparedness Fund, And Funds That Were Previously Appropriated In The Capital Improvement Plan Are Hereby Re-Appropriated And Authorized For Expenditure As Local Matching Funds In The Amount Of $17,583.11 For Design Restoration Of Shoreline In Steamboat Creek Project. - (Ordinance No. 49720) Barrett Hicks 1515 E. Indian River Road spoke regarding this matter. Alton Robinson 5116 E. Princess Anne Road spoke regarding this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐9 An Ordinance Amending The FY2025 Annual Appropriations Ordinance (No. 49,590) So As To Accept, Appropriate and Authorize The Expenditure Of Grant Funds Up To The Sum Of $3,705,000 From The Virginia Department Of Conservation And Recreation Virginia Community Flood Preparedness Fund, And Funds That Were Previously Appropriated in The Capital Improvement Plan are Hereby Re-Appropriated And Authorized For Expenditure As Local Matching Funds In The Amount Of $195,000 For Restoration Of Tidal Marsh Along 1,500 Linear Feet Of Eroding Shoreline Project. - (Ordinance No. 49721) Barrett Hicks 1515 E. Indian River Road spoke regarding this matter. Alton Robinson 5116 E. Princess Anne Road spoke regarding this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 7 September 10, 2024 R‐10 An Ordinance Amending And Reordaining The FY2025 Annual Appropriations Ordinance (No. 49,590) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $2,321,750 From The Virginia Department Of Conservation And Recreation Virginia Community Flood Preparedness Fund, And Funds That Were Previously Appropriated In The Capital Improvement Plan Are Hereby Re-Appropriated And Authorized For Expenditure as Local Matching Funds In The Amount Of $122,198 For Restoration Of Tidal Marsh In The Grandy Village Public Housing Community Project. - (Ordinance No. 49722) Barrett Hicks 1515 E. Indian River Road spoke regarding this matter. Alton Robinson 5116 E. Princess Anne Road spoke regarding this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐11 An Ordinance Amending Section 14(wwww) Of The FY2025 Annual Appropriations Ordinance (No. 49,590) So As To Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $1,600,000 From The Department Of Transportation Reconnecting Communities Project - Planning Grant, And Local Matching Funds That Have Been Previously-Appropriated In The City's Capital Improvement Plan In The Amount Of $1,500,000 For VDOT Project Management. - (Ordinance No. 49723) Barrett Hicks 1515 E. Indian River Road spoke regarding this matter. Alton Robinson 5116 E. Princess Anne Road spoke regarding this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 8 September 10, 2024 R‐12 An Ordinance Accepting the Conveyance from the Economic Development Authority of the City of Norfolk to the City of Norfolk of Those Certain Parcels of Real Property Located at 626, 628 and 640 35th Street in the City of Norfolk, Virginia, Authorizing the City Manager to Accept the Deed on Behalf of the City of Norfolk, and Authorizing the Assumption by the City of Norfolk from the Economic Development Authority of the City of Norfolk of a Design/Build Master Services Agreement by and Between Compo Construction Company and the Economic Development Authority of the City of Norfolk. - (Ordinance No. 49724) Barrett Hicks 1515 E. Indian River Road spoke regarding this matter. Alton Robinson 5116 E. Princess Anne Road spoke regarding this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐13 A Resolution Approving the Renewal of the Norfolk Community Services Board's Performance Contract with the Commonwealth for Fiscal Year 2025. - (Resolution No. 1921) Barrett Hicks 1515 E. Indian River Road spoke regarding this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐14 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 Generally [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 9 September 10, 2024 R‐15 A Resolution Appointing 6 Members to 2 Commission, 2 Boards and 2 Authorities, for Certain Terms. - (Resolution No. 1922) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander NEW BUSINESS Richard Hahn, 504 W. Ocean View Avenue, spoke on the conditions of the streets, medians and sidewalks. Alton Robinson, 5116 E. Princess Anne Road commented on community issues. Barrett Hicks, 1515 E. Indian River Road, spoke Raytron White, 3149 Kimball Terrace, thanked the council for the pool opening in Grady Village. Tiara Lassiter, 3055 Sewells Point Road, commented on affordable housing for citizens. The following spoke regarding the cease fire in Gaza · Renae Delucia, 321 E. Main Street, Apt. 1707 · Saher Mirza, 3940 Meeting House Road, Virginia Beach · Sally Gudas, 9419 Selby Place · Patric Delida. 849 St. Martin Drive, Virginia Beach · Nihal Gokus, 4701 Hermitage Road, Virginia Beach ADJOURNMENT 10

Agenda

CITY COUNCIL AGENDA Tuesday, September 10, 2024 3:30 CITY COUNCIL WORK SESSION – CITY HALL-10TH FLOOR CONFERENCE ROOM I. AGENDA OVERVIEW Patrick Roberts, City Manager II. 2024 RESIDENT SURVEY RESULTS Pete Buryk, Director of Budget Jason Morado, Vice President and Director of Community Research, ETC Institute III. CITY PLANNING UPDATE Bobby Tajan, Director of Planning IV. CLOSED SESSION: • DISPOSITION OF PROPERTIES • ACQUISITION OF PROPERTY • CONTRACT MATTER Supporting Documents: • Announcement of Meeting • 2024 Resident Survey • Pending Land Use Report • Minutes from City Council Meeting of August 27th September 10, 2024 NORFOLK, VIRGINIA DOCKET FOR THE COUNCIL TUESDAY, SEPTEMBER 10, 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 HEARING PH-1 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments Approving an Amended and Restated Option to Purchase by and Among the City of Norfolk, Golden Eagle Consulting II, LLC, and the Pamunkey Indian Tribe, and Authorizing the City Manager to Execute the Amended and Restated Option to Purchase on Behalf of the City of Norfolk; Approving an Amended and Restated Development Agreement by and Among the City of Norfolk, Golden Eagle Consulting II, LLC, and the Pamunkey Indian Tribe, and Authorizing the City Manager to Execute the Amended and Restated Development Agreement on Behalf of the City of Norfolk; Approving a Construction and Use Covenant by and Among the City of Norfolk, Golden Eagle Consulting II, LLC, and the Pamunkey Indian Tribe, and Authorizing the City Manager to Execute the Construction and Use Covenant on Behalf of the City of Norfolk; and Authorizing the City Manager to Enter Into Certain Easements, Maintenance Agreements, and Other Agreements as are Required by the City of Norfolk Site Plan Review Process. 1 September 10, 2024 An Ordinance Approving an Amended and Restated Option to Purchase by and Among the City of Norfolk, Golden Eagle Consulting II, LLC, and the Pamunkey Indian Tribe, and Authorizing the City Manager to Execute the Amended and Restated Option to Purchase on Behalf of the City of Norfolk; Approving an Amended and Restated Development Agreement by and Among the City of Norfolk, Golden Eagle Consulting II, LLC, and the Pamunkey Indian Tribe, and Authorizing the City Manager to Execute the Amended and Restated Development Agreement on Behalf of the City of Norfolk; Approving a Construction and Use Covenant by and Among the City of Norfolk, Golden Eagle Consulting II, LLC, and the Pamunkey Indian Tribe, and Authorizing the City Manager to Execute the Construction and Use Covenant on Behalf of the City of Norfolk; and Authorizing the City Manager to Enter Into Certain Easements, Maintenance Agreements, and Other Agreements as are Required by the City of Norfolk Site Plan Review Process. 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 an Electric Vehicle Charging Station on Property Located at 1500 Ikea Way. C-2 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 7715 Castleton Place. C-3 An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 241 West Ocean View Avenue. C-4 An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a Tattoo Parlor Named “Karina Michele Permanent Cosmetics” on Property Located at 2113 Colonial Avenue. 2 September 10, 2024 C-5 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 “Lake Wright Quality Suites” and “Sleep Inn” on Property Located at 1521 Premium Outlets Boulevard. C-6 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9608 19th Bay Street. C-7 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 909 Hillside Avenue. C-8 An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 4036 East Ocean View Avenue. REGULAR AGENDA R-1 A Resolution Certifying Golden Eagle Consulting II, LLC, as the Preferred Casino Gaming Operator Pursuant to Section 58.1-4109 of the Code of Virginia. R-2 An Ordinance Approving a Right of Entry Agreement by and Between the City of Norfolk, as Grantor, and Golden Eagle Consulting II, LLC, as Grantee, for the use of a Portion of Certain City-Owned Property Located at 200 Park Avenue, 306 Park Avenue, 1609 Lovitt Avenue, and 1617 Lovitt Avenue as a Construction Laydown Area and Authorizing the City Manager to Execute the Right of Entry Agreement on Behalf of the City of Norfolk. R-3 An Ordinance Accepting the Bid Submitted by Boyd Norfolk, LLC 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, and Authorizing the City Manager to Execute the Garage Parking Agreement on Behalf of the City. R-4 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. 3 September 10, 2024 R-5 An Ordinance Amending the FY2025 Annual Appropriations Ordinance (No. 49,590) SO AS TO Re-Appropriate and Authorize the Expenditure of Grant Funds Up to The Sum of $500,000 From the Hampton Roads Workforce Council's Norfolk Strong Project Grant for The Department of Neighborhood Services' Eviction Prevention Assistance Program. R-6 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 $320,762.70 from the Virginia Department of Environmental Quality Storm Water Local Assistance Fund for the Hague Constructed Wetland Project. R-7 An Ordinance Amending the FY2025 Annual Appropriations Ordinance (No. 49,590) SO AS TO Accept, Appropriate and Authorize the Expenditure of Grant Funds Up to The Sum Of $212,513 From the Virginia Department of Environmental Quality Stormwater Local Assistance Fund, And Appropriating and Authorizing for Expenditure Local Matching Funds in The Amount Of $212,513 For the Pleasant Point Living Shoreline Project. R-8 An Ordinance Amending The FY2025 Annual Appropriations Ordinance (No. 49,590 SO AS TO Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $334,079 From The Virginia Department Of Conservation And Recreation Virginia Community Flood Preparedness Fund, And Funds That Were Previously Appropriated In The Capital Improvement Plan Are Hereby Re-Appropriated And Authorized for Expenditure As Local Matching Funds In The Amount Of $17,583.11 For Design Restoration Of Shoreline In Steamboat Creek Project. R-9 An Ordinance Amending The FY2025 Annual Appropriations Ordinance (No. 49,590) SO AS TO Accept, Appropriate and Authorize The Expenditure Of Grant Funds Up To The Sum Of $3,705,000 From The Virginia Department Of Conservation And Recreation Virginia Community Flood Preparedness Fund, And Funds That Were Previously Appropriated in The Capital Improvement Plan are Hereby Re-Appropriated And Authorized For Expenditure As Local Matching Funds In The Amount Of $195,000 For Restoration Of Tidal Marsh Along 1,500 Linear Feet Of Eroding Shoreline Project. 4 September 10, 2024 R-10 An Ordinance Amending And Reordaining The FY2025 Annual Appropriations Ordinance (No. 49,590) SO AS TO Accept, Appropriate And Authorize The Expenditure Of Grant Funds Up To The Sum Of $2,321,750 From The Virginia Department Of Conservation And Recreation Virginia Community Flood Preparedness Fund, And Funds That Were Previously Appropriated In The Capital Improvement Plan Are Hereby Re-Appropriated And Authorized For Expenditure as Local Matching Funds In The Amount Of $122,198 for Restoration of Tidal Marsh In The Grandy Village Public Housing Community Project. R-11 An Ordinance Amending Section 14(wwww) Of the FY2025 Annual Appropriations Ordinance (No. 49,590) SO AS TO Accept, Appropriate and Authorize the Expenditure of Grant Funds Up to The Sum Of $1,600,000 From the Department of Transportation Reconnecting Communities Project - Planning Grant, And Local Matching Funds That Have Been Previously-Appropriated In The City's Capital Improvement Plan In The Amount Of $1,500,000 For VDOT Project Management. R-12 An Ordinance Accepting the Conveyance from the Economic Development Authority of the City of Norfolk to the City of Norfolk of Those Certain Parcels of Real Property Located at 626, 628 and 640 35th Street in the City of Norfolk, Virginia, Authorizing the City Manager to Accept the Deed on Behalf of the City of Norfolk, and Authorizing the Assumption by the City of Norfolk from the Economic Development Authority of the City of Norfolk of a Design/Build Master Services Agreement by and Between Compo Construction Company and the Economic Development Authority of the City of Norfolk. R-13 A Resolution Approving the Renewal of the Norfolk Community Services Board's Performance Contract with the Commonwealth for Fiscal Year 2025. R-14 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. R-15 A Resolution Appointing 6 Members to 2 Commission, 2 Boards and 2 Authorities, for Certain Terms. ADJOURNMENT 5

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