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City Council Agendas

Regular Meeting

Norfolk, NE · December 10, 2024

AgendaMinutes

Minutes

NORFOLK, VIRGINIA MEETING OF COUNCIL TUESDAY, DECEMBER 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, Mr. John E. Paige, Ms. Danica J. Royster, Mr. Thomas R. Smigiel Jr., and Vice Mayor Martin A. Thomas Jr. AGENDA Annual Audit Results Presenter: Ms. Cheri Amoss, Principal, CliftonLarsonAllen Ms. Amoss reported as follows: Audit Approach  Approach – Risk Based, including risk assessment standard requirements  Significant Audit Risks  Management override of controls (as required by auditing standards)  Revenue recognition  Communication – Frequent, including both formal status updates and informal communications Audit Results  Auditors’ Opinion on Financial Statements: Unmodified  Report on Internal Control over financial reporting and on compliance and other matters based on an Audit of Financial Statements performed in accordance with Government Auditing Standards: No significant deficiencies or material weaknesses  Management Letter Comment: None at this time Required Communications The American Institute of Certified Public Accountants’ Statements on Auditing Standards require the independent public accountants to communicate certain matters to those who have responsibility for oversight of the financial reporting process. We have summarized the results of our audit of the City for the year ended June 30, 2024, by addressing each of these required communications.  Auditors’ Responsibility Under Generally Accepted Auditing Standards  The financial statements are the responsibility of management. Our audit was performed for the purpose of forming an opinion as to whether the financial statements have been prepared in accordance with GAAP. -1-  Significant Issues Discussed with Management prior to Retention  There were no significant issues discussed with management prior to retention  Consultations with other Accountants  We were informed by management that they made no consultations on the application of GAAP and GAAS.  Qualitative Aspects of Accounting Practices  Management is responsible for the selection and use of appropriate accounting policies. Significant accounting policies are disclosed in the Summary of Significant Accounting Policies in Note 1 of the financial statements.  Accounting Estimates  The preparation of the financial statements requires that certain estimates and judgments be made by management. These judgments and estimates include:  Allowance for doubtful accounts  Pension and other post-employment benefits liabilities  Incurred but not reported claims for self-insurance programs  We concluded that management has a reasonable basis for significant judgments and estimates that impact the financial statements.  Group Audit  Norfolk Public Schools, Economic Development Authority and Norfolk Employees’ Retirement System are separately audited.  Corrected Misstatements  None  Uncorrected Misstatements  Potential passed adjustment related to restatement of beginning balances for the custodial funds.  Difficulties Encountered in Performing the Audit  Norfolk Public Schools audit is delayed due to not receiving audit schedules, supporting documentation, and financial statements. This has delayed the issuance of the City. Ms. Amoss stated there is a regulatory requirement for the city to have their financials to the Auditor of Public Accounts by December 15th. She stated that because of turnover at the school system, NPS has not completed their audit; therefore, the city’s audit cannot be issued until NPS’s audit has been completed. At this point they do not foresee meeting the December 15th deadline. Councilwoman McClellan asked what the ramifications are if we as a city are not able to provide our audit by the deadline. Ms. Amoss stated that the city will have to put a notification on their website that their audit has not been completed and notify the Auditor of Public Accounts and give them the best estimate of when it is going to be done. Councilwoman McClellan asked if we have an estimate of when the school’s audit will be completed. Ms. Amoss stated by the end of January 2025. -2- Mayor Alexander asked is there a way through legislation to untether the city from NPS. Ms. Amoss answered no, that because of the significance of NPS to the city and the funding that is received, they are required to be reported in the city’s financial statements under accounting standards. Councilwoman Johnson asked if they have the capability of auditing everything or do they have a limited accessibility of what they can audit with NPS. Ms. Amoss stated there are no restrictions placed on what they can audit, but they are auditing the financial information for fiscal year 2024. They are not doing any kind of performance or compliance audit at this point. Mr. Pishko stated that we are not limited to certain language so we can post on the website that the audit of the City of Norfolk’s Retirement System and Economic Authority are completed and that we are waiting on the school system to be completed. Councilman Smigiel asked what communication has been received from NPS about this. Mr. Roberts stated he recently met with Superintendent Byrdsong and made it clear that this would not be looked upon favorably and that city administration needs to work with the school system to complete this. He added that we have dedicated staff and resources to NPS to try and help them complete their work and they understand the gravity of the situation. Councilwoman Doyle asked the City Manager to keep Council updated on the progress. Councilwoman Johnson asked that an exact date of completion be provided by NPS if January’s date is not met. Required Communications (continued)  Representations from Management  The representation letter will be signed by management.  Disagreements with Management  There were no disagreements with management on financial accounting and reporting matters, auditing procedures, or other matters.  Other Significant Findings or Issues  We did not note any other significant findings or issues. New Accounting Standards  GASB Statement No. 99 – Omnibus 2022  GASB Statement No. 100 – Accounting Changes and Error Corrections -3- Pop-Up Presentation Presenter: Ms. Megan Erwin, Assistant Director, Department of Housing & Community Development Ms. Erwin reported on two ordinances on the docket as follows: Ordinances for Approval Two ordinances on the docket tonight: 1. Approve a Memorandum of Understanding (MOU) with the Cities for Financial Empowerment Fund, Inc. to accept a $20,000 grant to plan for a Financial Empowerment Center 2. Accept, appropriate, and authorize the expenditure of those grant funds Strategic Approach to Financial Empowerment  NDHCD took on Bank On in FY 2023  Directive to expand community development work  Nexus between Housing and Financial Empowerment  About 30% of household spending is housing costs  Primary household asset  Wealth building opportunity Bank On  Regional coalition  Virginia Beach, Chesapeake, Norfolk  5-month financial education program  Trained volunteers  Classroom instruction  Savings, debt, cashflow, credit  Individualized coaching  $150 matched savings incentive In 2022, there were 22 participants from Norfolk; in 2023 there were 26 participants from Norfolk. In January 2025, they will know how many participants from Norfolk there were in 2024. Financial Empowerment Blueprint  In November 2022, NDHCD received a $75,000 grant to prepare a Blueprint for Municipal Financial Empowerment with a focus on racial wealth equity  Blueprint is based on stakeholder and community input. Action plan lays out actionable steps.  Builds off previous city efforts  Mayor’s Commission on Social Equity and Economic Opportunity; 2022 Analysis of Impediments to Fair Housing  To be released December 2024 -4- Financial Empowerment Center (FEC) Academy Financial Empowerment Centers offer professional, one-on-one financial counseling as a no- cost public service for all residents. Ms. Erwin stated by participating, Norfolk will join about 50 other cities throughout the United States who have entered into this program and identified free professional counseling as an unmet need in their community. She added that Roanoke is the only other city in Virginia that has a Financial Empowerment Center. Ms. Erwin stated they have finished the first phase of the academy which was a two-month informational conversation about what an FEC could like look if we wanted to move into the planning phase. The planning phase Council will vote on tonight would include the $20,000 grant to cover any associated planning costs and is expected to take approximately ten to twelve months. During that phase, we would work to identify potential funders, partner organizations, referral organizations, and supporters. If successful at the end of the planning phase, they will come back to City Council to request permission to move forward with implementation. Next Steps  Vote on the two ordinances this evening  Begin planning process  Engage stakeholders & gain community buy-in  Convene informal advisory group  Hold RFP information session  Support fundraising efforts  Issue an RFP to identify interested lead agencies  Make recommendation to pursue FEC implementation City Planning Update Presenters: Mr. Bobby Tajan, Director of Planning Mr. Tajan reported as follows: The Station Conditional Use Permit Location  Bounded by Monticello Ave, 26th and 27th Streets, and Church Street Existing Conditions  Vacant Lot, Billboard, and Religious Institution Request  Allow the construction of a mixed-use development with 154 dwelling units and 1,500 square feet of commercial. (Location map, photographs, renderings, and site plan options presented) -5- Plan Consistency: Midtown Area Plan  The proposal aligns with the intent of the City of Norfolk Midtown Plan, which calls for this area to be a residential district.  The proposal has less commercial space, fewer residential units, and fewer parking spaces than the potential options shown in the plan. Zoning:  C-C (Community – Commercial) Request:  Conditional Use Permit:  More than 24 dwelling units  More than 50% of the first floor used for residential purposes Reviewed by City’s Urban Design Consultant  Determined to be consistent with the Midtown Area Plan by consultant  Design of buildings was recommended for approval by the Architectural Review Board  The applicant is proposing to construct two, four-story buildings with 154 apartments, amenity space, and limited commercial space.  69 1-bedroom units  74 2-bedroom units  11 3-bedrooms units  1,500 square feet of commercial space Planning Commission Recommendation City Planning Commission, by a vote of 4-3, recommends denial.  Commissioners that voted against noted the lack of an RFP process for the parcel and this proposal did not help create a walkable mixed-use neighborhood, citing the orientation of the 1st floor apartments and lack of commercial space.  Commissioners that voted in favor, noted that it was progress towards implementing the plan though not ideal. The Annex Conditional Use Permit Location  2500 Church Street and 2501 Fawn Street Existing Conditions  Entertainment venue and brewery Request  Renew the previously granted CUP and to expand limited hours of operation (Location map, renderings, and floor plan were presented) -6- Hours of Operation: 8:00 a.m. until 12:00 midnight Sunday through Friday 8:00 a.m. until 2:00 a.m. Saturday (new) July 3rd, 4th, 5th; October 30, 31; November 1st; Thanksgiving – day before and after; New Year’s Eve: 8:00 a.m. until 2:00 a.m. (new) Capacity: No Event  Indoor: 131  Outdoor: 100  Standing: 27  Total: 281 Indoor Event  Indoor: 131  Outdoor: 100  Standing: 380  Total: 611 Outdoor Event  Indoor: 131  Outdoor: 100  Standing: 785  Total: 1031 Banquet Hall  Indoor: 160  Outdoor: 100  Standing: 83  Total: 342 Entertainment  Karaoke/Open Mic Night, Comedian, Poetry Reading, Magician, Live Band, DJ (only for banquet hall) Planning Commission Recommendation City Planning Commission, by a vote of 7-0, recommends approval.  Renewal of an existing CUP  Requires renewal in 5 years -7- CLOSED SESSION Motion for closed session was approved at 3:34 p.m. for purposes which are set out in Clause 3, 8 and 8 of subsection (A) of Section 2.2-3711 of the Virginia Freedom of Information Act, as amended: (3) Discussion of publicly held real property in the Ocean View area where discussion in an opening meeting would adversely affect the negotiating strategy of the public body. (8) Consultation with legal counsel concerning a matter with the Norfolk International Airport. (8) Consultation with legal counsel concerning a property development matter in downtown Norfolk. Yes: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas and Alexander. No: None. -8- December 10, 2024 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, DECEMBER 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 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 December 10, 2024 CEREMONIAL MATTERS Mayor Kenneth Cooper Alexander presented the following Resolutions: A Resolution honoring the service of Councilwoman Andria McClellan, Superward 6 WHEREAS, Andria P. McClellan served as a member of the Norfolk City Council representing Superward 6 from July 1, 2016, until December 31, 2024; and WHEREAS, during her tenure in office, she represented the citizens of Norfolk and the residents of Superward 6 with high honor and great distinction, making numerous and important contributions to the progress of the city; and WHEREAS, it is fitting and appropriate to recognize her leadership in municipal collaboration & economic development, diversity & inclusion, environmental sustainability, and her passionate support in the work of regional entrepreneurship; and WHEREAS, during her eight years as a member of the Norfolk City Council, she served as Chair of the Hampton Roads Planning District Commission, leading its Resilience Subcommittee and its Legislative Committee and Chaired the Transportation District Commission of Hampton Roads, leading the Smart Cities & Innovation Committee; and WHEREAS, Ms. McClellan served as Chair of the Southside Network Authority, working to establish the infrastructure to build the Hampton Roads Broadband Ring Initiative, she was appointed to the Virginia Joint Sub‐Committee on Coastal Flooding, the Local Government Advisory Committee of the Chesapeake Bay Program, and the Virginia Municipal League’s Environmental Quality Policy Committee; and WHEREAS, she served as Co‐Chair on the Mayor’s Commission of Social Equity and Economic Opportunity and the Mayors Commission on Climate Change Mitigation & Adaptation; thereby creating the region’s first Climate Action Plan. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Norfolk hereby extends deep thanks and appreciation to Andria P. McClellan, for her dedicated and selfless service to the City and its citizens. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander ABSTAIN: McClellan A Resolution honoring the service of Councilwoman Danica Royster, Superward 7 WHEREAS, Danica J. Royster served as a member of the Norfolk City Council representing Superward 7 from January 13, 2021 ‐ December 31, 2024; and WHEREAS, during her time in office, she served the citizens of Norfolk honorably and with distinction while contributing to the city’s efforts for social justice and equality, entrepreneurship, and community engagement; and 2 December 10, 2024 WHEREAS, it is fitting and appropriate to recognize her leadership in the work of inspiring communities to participate in civic engagement and community responsibility, neighbors supporting neighbors, and economic empowerment through generational small business ownership and entrepreneurship; and WHEREAS, during her term as a member of the Norfolk City Council she represented the residents of Superward 7 and served on the Hampton Roads Planning District Commission, the Mayor’s Advisory Committee for the St. Paul’s Area, and the Mayor’s Commission on Social Equity and Economic Opportunity; and WHEREAS, in addition to the impact she has made while serving on the Norfolk City Council Ms. Royster has partnered with numerous regional non‐profit organizations and advocacy groups in the areas of women’s rights issues, voting access, violence prevention, community empowerment, and black mental health awareness; and WHEREAS, Councilwoman Royster was recognized as a part of the Old Dominion Alumni Associations, 40 Under 40 inaugural class, and was selected as a Top Forty Under 40 Young Professional by Inside Business—The Hampton Roads Business Journal and accepted the Champion of Integrity Award by 757 We Care, a nonprofit organization that focuses on local youth initiatives and mentorships. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Norfolk hereby extends deep thanks and appreciation to Danica J. Royster for her dedicated and selfless service to the City and its citizens. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Smigiel Jr., Thomas Jr., Alexander ABSTAIN: Royster PUBLIC HEARINGS PH‐1 Public Hearing scheduled this day, pursuant to State Law, to hear comments on Amendments to the Norfolk Charter to Revise Sections 62, 63, 64 and 114, to Exempt the Position of Deputy Chief of Fire-Rescue from the Classified Service of the City. A Resolution Expressing the Support of the City Council for Amendments to the Norfolk Charter to Revise Sections 62, 63, 64 and 114, to Exempt the Position of Deputy Chief of Fire-Rescue from the Classified Service of the City. - (Resolution No. 1929) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 3 December 10, 2024 PH‐2 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 The Pathway Realty Group, LLC and Franklin Group Companies, LLC, Collectively as Developer, for those Certain Parcels of Real Property Containing 2.28 Acres, More or Less, and Located in the City of Norfolk, Virginia, and Authorizing the City Manager to Execute the Purchase and Development Agreement on Behalf of the City of N An Ordinance Approving a Purchase and Development Agreement by and Between the City of Norfolk, as Seller, and The Pathway Realty Group, LLC and Franklin Group Companies, LLC, Collectively as Developer, for Those Certain Parcels of Real Property Containing 2.28 Acres, More or Less, and Located 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. ACTION: Continued Generally [7 to 1] AYES: Doyle, Johnson, McClellan, Paige, Royster, Thomas Jr., Alexander NAYS: Thomas R. Smigiel Jr. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED. IF DISCUSSION IS DESIRED ON ANY ITEM, IT WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander C‐1 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Restaurant with Extended Hours, Production of Craft Beverages, a Banquet Hall, Live Entertainment, and the Sale of Alcoholic Beverages for Both On-Premises and Off- Premises Consumption Named “The Annex” on Property Located at 2500 Church Street and 2501 Fawn Street. - (Ordinance No. 49801) Josh Coplon, 2500 Church Street, was present to answer any questions relative to this matter. 4 December 10, 2024 C‐2 An Ordinance directing the City Treasurer to issue a refund to Vann-Virginia Center for Orthopaedics, P.C. upon the overpayment of its Business Tangible Personal Property Tax for Tax Year 2024. - (Ordinance No. 49802) C‐3 An Ordinance Granting Natalie, LLC Permission to Encroach into the Rights-of-Way of Colley Avenue and 44th Street at 4314 Colley Avenue With Various Encroachments. - (Ordinance No. 49803) C‐4 An Ordinance Granting Aaron May Permission To Encroach into the Right-Of-Way of 722 Yarmouth Street with a Driveway Access Gate - (Ordinance No. 49804) C‐5 Letter from the City Clerk transmitting herewith from the General Registrar is an Abstract of Votes cast in the 2024 November General Election held on November 5, 2024, pursuant to Section 24.2-675 of the Code of Virginia. REGULAR AGENDA R‐1 An Ordinance Granting a Conditional Use Permit to Authorize the Construction of Multi-Family Dwelling Buildings on Properties Located at 2612 Monticello Avenue, 212 through 312 East 26th Street, 2600 Armistead Avenue, 2601 and 2615 Church Street, and 215 through 307 East 27th Street. ACTION: Continued Generally [7 to 1] AYES: Doyle, Johnson, McClellan, Paige, Royster, Thomas Jr., Alexander NAYS: Thomas R. Smigiel Jr. R‐2 An Ordinance Approving a Deed of Modification With the Norfolk Redevelopment and Housing Authority For the Modification of Certain Restrictive Covenants Encumbering City-Owned Properties Located at the Intersections of Monticello Avenue, E. 26th Street and E. 27th Street. ACTION: Continued Generally [7 to 1] AYES: Doyle, Johnson, McClellan, Paige, Royster, Thomas Jr., Alexander NAYS: Thomas R. Smigiel Jr. 5 December 10, 2024 R‐3 An Ordinance to Amend and Reordain the Capital Improvement Plan Budget for the Fiscal Year Beginning July 1, 2024 and Ending June 30, 2025 so as to Reappropriate Previously Authorized But Unissued Bonds Up to the Amount of $350,000 to Add Funding for the Renovate Selden Market Project. - (Ordinance No. 49805) Mary Miller, Downtown Norfolk Council, was present to answer any questions relative to this matter. Byron Edwards, Manager of Selden Market, was present to answer any questions relative to this matter. Barrett Hicks, 1515 E. Indian River Road, had questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐4 An Ordinance Directing the City Manager to Provide a Resolution Requesting the General Assembly to Change Norfolk's Charter so as to Revise Sections 62, 63, 64 and 114, to Exempt the Position of Deputy Chief of Fire-Rescue from the Classified Service of the City. - (Ordinance No. 49806) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐5 A Resolution Supporting the 2025 Legislative Priorities For The City Of Norfolk. - (Resolution No. 1930) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐6 An Ordinance to Amend and Reordain Section 24-3 of the Norfolk City Code so as to Incorporate the Expansion of the Tangible Personal Property Tax Exemption Applicable to One Motor Vehicle that is Owned and Regularly Used by a Disabled Veteran, in Accordance with State Law. - (Ordinance No. 49807) Barrett Hicks, 1515 E. Indian River Road, had questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 6 December 10, 2024 R‐7 An Ordinance Authorizing a Supplemental Grant Agreement by and Among the United States Department of Housing and Urban Development, Norfolk Redevelopment and Housing Authority, and the City of Norfolk, Regarding the Acceptance of Additional Grant Funds in the Amount of $2,500,000.00 by Norfolk Redevelopment and Housing Authority to Further Support the Transformation Plan for Tidewater Gardens in the St. Paul's Area and Authorizing the City Manager to Execute the Supplement Grant Agreement. - (Ordinance No. 49808) Alton Robinson, 516 E. Princess Anne Road, had questions relative to this matter. Barrett Hicks, 1515 E. Indian River Road, had questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐8 An Ordinance to Amend and Reordain Sections 24-288 Through 24-307 of the Norfolk City Code so as to Update the Admissions Tax Regulations, to Eliminate Redundant Provisions, and to Include Specific Procedures for the Collection and Remittance of Admissions Taxes by Ticketing Intermediaries. - (Ordinance No. 49809) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐9 An Ordinance to Amend and Reordain Sections 32-73 and 33-62 of the Norfolk City Code so as to Conform the Existing Newspaper Advertising Requirements for Removal of Abandoned Vessels and Other Waterfront Nuisances and for the Sale of Unclaimed Property in the Possession of the Police Department to Match New Provisions of State Law. - (Ordinance No. 49810) Barrett Hicks, 1515 E. Indian River Road, had questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 7 December 10, 2024 R‐10 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 $110,669 from the Virginia Department of Behavioral Health and Developmental Services to support the Workforce Salary and Personnel Cost Increases for the Norfolk Community Services Board, if and when received, and Amending the FY2025 Budget to add the same. - (Ordinance No. 49811) Barrett Hicks, 1515 E. Indian River Road, had questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐11 An Ordinance Amending the FY2025 Annual Appropriations Ordinance (No. 49,590) so as to Accept and Appropriate Grant Funds up to the sum of $4,280 from the Virginia Department of Behavioral Health and Developmental Services for Norfolk Community Services Board's Projects Assisting in the Transition from Homelessness (PATH) Program for Staff Training, Travel, And Outreach Supplies, as set forth in the Notice of Award No. 3104.773, if and when received, and Amending the FY2025 Budget to Add the Same. - (Ordinance No. 49812) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐12 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 $95,339 from the Virginia Department of Behavioral Health and Developmental Services for the Norfolk Community Services Board Infant and Toddler Connection Program to Provide Early Intervention Services, if and when received, and Amending the FY2025 Budget to add the same. - (Ordinance No. 49813) Barrett Hicks, 1515 E. Indian River Road, had questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 8 December 10, 2024 R‐13 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 $169,647.51 from the Virginia Department of Behavioral Health and Developmental Services for the Norfolk Community Services Board to Expand its Community-Based Substance Use Treatment Services Program, if and when received, and Amending the FY2025 Budget to add the same. - (Ordinance No. 49814) Barrett Hicks, 1515 E. Indian River Road, had questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐14 An Ordinance Approving a First Amendment to Lease Agreement with Angeljo, Inc. For the City's Lease of 5585 Sabre Road In Order to Extend the Term; and Authorizing the Expenditure of the Sum of $112,395.90 For Rent Payments For the Remainder of the Fiscal Year. - (Ordinance No. 49815) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐15 An Ordinance Amending and Reordaining Section 1 of the FY2025 Annual Appropriations Ordinance (No. 49,590), as Amended, so as to Increase the Golf Operations Fund by the amount of $73,685.00, and Authorized its Expenditure for the Ocean View Golf Course's Roof Replacement Project, and Amending the FY2025 Budget to Reflect Same. - (Ordinance No. 49816) Barrett Hicks, 1515 E. Indian River Road, had questions relative to this matter. ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: John E. Paige 9 December 10, 2024 R‐16 A Resolution Authorizing the Issuance by Norfolk Redevelopment and Housing Authority of up to $25,000,000 Student Housing Revenue Bonds for E2F Student Housing I, LLC - (Resolution No. 1932) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐17 An Ordinance Authorizing the Acquisition of Property from Three Parcels of Land Owned by the American Heart Association, Inc., all for the Purpose of Widening and Enhancing the Public Right of Way Along East Virginia Beach Boulevard and Authorizing the Expenditure of a Sum of Up to $28,000.00 from Funds Heretofore Appropriated for Acquisition of the Property and all Related Transactional Costs. - (Ordinance No. 49818) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐18 An Ordinance Authorizing the Acquisition of a Strip of Land Owned by WHLR-Janaf, LLC, and Authorizing the Acquisition of Temporary Construction Easements Across Land Owned by WHLR-Janaf, LLC for the Purpose of Widening and Enhancing the Public Right of Way Along East Virginia Beach Boulevard, and Authorizing the Expenditure of a Sum of up to $21,000.00 from Funds Heretofore Appropriated for Acquisition of the Property and all Related Transactional Costs - (Ordinance No. 49819) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 10 December 10, 2024 R‐19 An Ordinance to Amend Sections 25-302 and 25-601 of the Norfolk City Code, 1979, regarding Removal and Storage of Towed Vehicles so as to Increase Towing Fees. - (Ordinance No. 49820) Alton Robinson, 516 E. Princess Anne Road, spoke in opposition to this matter. Barrett Hicks, 1515 E. Indian River Road, spoke in opposition to this matter. ACTION: Adopted [7 to 1] AYES: Doyle, Johnson, McClellan, Royster, Smigiel Jr., Thomas Jr., Alexander NAYS: John E. Paige R‐20 An Ordinance Approving a Memorandum of Understanding By and Between the Transportation District Commission of Hampton Roads, d/b/a Hampton Roads Transit, and the City of Norfolk and Authorizing the City Manager to Execute the Memorandum of Understanding on Behalf of the City of Norfolk. - (Ordinance No. 49821) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐21 An Ordinance Approving a Memorandum of Understanding by and Between Cities for Financial Empowerment Fund, Inc. and the City of Norfolk Regarding the Financial Empowerment Center Planning Grant and Authorizing the City Manager to Execute the Memorandum of Understanding on Behalf of the City of Norfolk. - (Ordinance No. 49822) Barrett Hicks, 1515 E. Indian River Road, had questions relative to this matter. ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 11 December 10, 2024 R‐22 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 $20,000 from the Cities for Financial Empowerment Fund, Inc. for the Development of a Financial Empowerment Center - (Ordinance No. 49823) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐23 An Ordinance Authorizing the Acquisition of an Easement Over Property Known as Nansemond Parkway Elementary School Located at 3012 Nansemond Parkway the City of Suffolk as Part of the Commonwealth Railway Project For the Sum of $12,000.00 and Authorizing the Expenditure of a Sum of Up to $17,000.00 From Funds Heretofore Appropriated for Acquisition of the Easement and All Related Transactional Costs. - (Ordinance No. 49824) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐24 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 “Uno Pizzeria and Grill” on Property Located at 5700 East Virginia Beach Boulevard. ACTION: Motion Lost [3 to 5] AYES: Andria P. McClellan, John E. Paige, Danica J. Royster NAYS: Doyle, Johnson, Smigiel Jr., Thomas Jr., Alexander R‐25 An Ordinance to Schedule Council Meeting Dates for 2025. - (Ordinance No. 49825) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander 12 December 10, 2024 R‐26 A Resolution appointing and reappointing 37 members to 9 Commissions, 3 Boards, 2 Authorities, and 2 Committees for certain terms. - (Resolution No. 1931) ACTION: Adopted [Unanimous] AYES: Doyle, Johnson, McClellan, Paige, Royster, Smigiel Jr., Thomas Jr., Alexander R‐27 An Ordinance Granting an Additional Full Day of Holiday Leave to all City Employees on December 23, 2024. - (Ordinance No. 49826) NEW BUSINESS Beatrice Garvin, Olde Huntersville Civic League, presented the Olde Huntersville annual report. Susan Matusek, 8214 Andrew Lane, spoke regarding affordable housing, taxes, and a police issue. Richard Haahn, Ocean View Business Association, spoke regarding upcoming events and activities. Amina Matheny-Willard, 999 Waterside Drive, spoke regarding her clients and observing the Super Ward 7 election recount. Christie Banks, Beacon Light Civic League Berkley President, spoke regarding the George Banks Community Center and other recreation facilities. Frederick Basnight, 915 Nelson Street, spoke regarding proceeding with various projects in Berkeley. Dr. Kathy Gwindon, 15189 Airfield Road, spoke regarding visions for 4H camp, leadership, and other community programming. Jordan Crouthamel, 824 Brandon Avenue, spoke regarding bicycle safety. David Whitfield, 900 E. Princess Anne Road, spoke regarding a police issue. Alton Robinson, 516 E. Princess Anne Road, spoke regarding community issues. Barrett Hicks, 1515 E. Indian River Road, spoke regarding Norfolk Fire Rescue for their assistance to his family during a recent incident. ADJOURNMENT 13

Agenda

CITY COUNCIL AGENDA Tuesday, December 10, 2024 3:30 CITY COUNCIL WORK SESSION – CITY HALL-10TH FLOOR CONFERENCE ROOM I. AGENDA OVERVIEW Patrick Roberts, City Manager II. CLOSED SESSION: • REAL ESTATE MATTER • LEGAL MATTERS III. ANNUAL AUDIT RESULTS Cheri Amoss, Principal, CliftonLarsonAllen IV. CITY PLANNING UPDATE Bobby Tajan, Director of Planning Supporting Documents: • Announcement of Meeting • Minutes from City Council Meeting of November 19th • Pending Land Use Report December 10, 2024 NORFOLK, VIRGINIA DOCKET FOR THE COUNCIL TUESDAY, DECEMBER 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 HEARINGS PH-1 PUBLIC HEARING scheduled this day, pursuant to State Law, to hear comments on Amendments to the Norfolk Charter to Revise Sections 62, 63, 64 and 114, to Exempt the Position of Deputy Chief of Fire-Rescue from the Classified Service of the City. A Resolution Expressing the Support of the City Council for Amendments to the Norfolk Charter to Revise Sections 62, 63, 64 and 114, to Exempt the Position of Deputy Chief of Fire-Rescue from the Classified Service of the City. 1 December 10, 2024 PH-2 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 The Pathway Realty Group, LLC and Franklin Group Companies, LLC, Collectively as Developer, for those Certain Parcels of Real Property Containing 2.28 Acres, More or Less, and Located 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 The Pathway Realty Group, LLC and Franklin Group Companies, LLC, Collectively as Developer, for Those Certain Parcels of Real Property Containing 2.28 Acres, More or Less, and Located 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. CONSENT AGENDA ALL MATTERS LISTED UNDER THE CONSENT AGENDA WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED. IF DISCUSSION IS DESIRED ON ANY ITEM, IT WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Restaurant with Extended Hours, Production of Craft Beverages, a Banquet Hall, Live Entertainment, and the Sale of Alcoholic Beverages for Both On-Premises and Off-Premises Consumption Named “The Annex” on Property Located at 2500 Church Street and 2501 Fawn Street. C-2 An Ordinance directing the City Treasurer to issue a refund to Vann-Virginia Center for Orthopaedics, P.C. upon the overpayment of its Business Tangible Personal Property Tax for Tax Year 2024. C-3 An Ordinance Granting Natalie, LLC Permission to Encroach into the Rights-of- Way of Colley Avenue and 44th Street at 4314 Colley Avenue with Various Encroachments. C-4 An Ordinance Granting Aaron May Permission to Encroach into the Right-Of-Way of 722 Yarmouth Street with a Driveway Access Gate 2 December 10, 2024 C-5 Letter from the City Clerk transmitting herewith from the General Registrar is an Abstract of Votes cast in the 2024 November General Election held on November 5, 2024, pursuant to Section 24.2-675 of the Code of Virginia. REGULAR AGENDA R-1 An Ordinance Granting a Conditional Use Permit to Authorize the Construction of Multi-Family Dwelling Buildings on Properties Located at 2612 Monticello Avenue, 212 through 312 East 26th Street, 2600 Armistead Avenue, 2601 and 2615 Church Street, and 215 through 307 East 27th Street. R-2 An Ordinance Approving a Deed of Modification with the Norfolk Redevelopment and Housing Authority for the Modification of Certain Restrictive Covenants Encumbering City-Owned Properties Located at the Intersections of Monticello Avenue, E. 26th Street and E. 27th Street. R-3 An Ordinance to Amend and Reordain the Capital Improvement Plan Budget for the Fiscal Year Beginning July 1, 2024, and Ending June 30, 2025 SO AS TO Reappropriate Previously Authorized But Unissued Bonds Up to the Amount of $350,000 to Add Funding for the Renovate Selden Market Project. R-4 An Ordinance Directing the City Manager to Provide a Resolution Requesting the General Assembly to Change Norfolk's Charter SO AS TO Revise Sections 62, 63, 64 and 114, to Exempt the Position of Deputy Chief of Fire-Rescue from the Classified Service of the City. R-5 A Resolution Supporting the 2025 Legislative Priorities for The City of Norfolk. R-6 An Ordinance to Amend and Reordain Section 24-3 of the Norfolk City Code SO AS TO Incorporate the Expansion of the Tangible Personal Property Tax Exemption Applicable to One Motor Vehicle that is Owned and Regularly Used by a Disabled Veteran, in Accordance with State Law. 3 December 10, 2024 R-7 An Ordinance Authorizing a Supplemental Grant Agreement by and Among the United States Department of Housing and Urban Development, Norfolk Redevelopment and Housing Authority, and the City of Norfolk, Regarding the Acceptance of Additional Grant Funds in the Amount of $2,500,000.00 by Norfolk Redevelopment and Housing Authority to Further Support the Transformation Plan for Tidewater Gardens in the St. Paul's Area and Authorizing the City Manager to Execute the Supplement Grant Agreement. R-8 An Ordinance to Amend and Reordain Sections 24-288 Through 24-307 of the Norfolk City Code SO AS TO Update the Admissions Tax Regulations, to Eliminate Redundant Provisions, and to Include Specific Procedures for the Collection and Remittance of Admissions Taxes by Ticketing Intermediaries. R-9 An Ordinance to Amend and Reordain Sections 32-73 and 33-62 of the Norfolk City Code SO AS TO Conform the Existing Newspaper Advertising Requirements for Removal of Abandoned Vessels and Other Waterfront Nuisances and for the Sale of Unclaimed Property in the Possession of the Police Department to Match New Provisions of State Law. R-10 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 $110,669 from the Virginia Department of Behavioral Health and Developmental Services to support the Workforce Salary and Personnel Cost Increases for the Norfolk Community Services Board, if and when received, and amending the FY2025 Budget to add the same. R-11 An Ordinance Amending the FY2025 Annual Appropriations Ordinance (No. 49,590) SO AS TO Accept and Appropriate Grant Funds up to the sum of $4,280 from the Virginia Department of Behavioral Health and Developmental Services for Norfolk Community Services Board's Projects Assisting in the Transition from Homelessness (PATH) Program for Staff Training, Travel, And Outreach Supplies, as set forth in the Notice of Award No. 3104.773, if and when received, and Amending the FY2025 Budget to Add the Same. R-12 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 $95,339 from the Virginia Department of Behavioral Health and Developmental Services for the Norfolk Community Services Board Infant and Toddler Connection Program to Provide Early Intervention Services, if and when received, and amending the FY2025 Budget to add the same. 4 December 10, 2024 R-13 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 $169,647.51 from the Virginia Department of Behavioral Health and Developmental Services for the Norfolk Community Services Board to Expand its Community-Based Substance Use Treatment Services Program, if and when received, and amending the FY2025 Budget to add the same. R-14 An Ordinance Approving a First Amendment to Lease Agreement with Angeljo, Inc. For the City's Lease of 5585 Sabre Road in Order to Extend the Term; and Authorizing the Expenditure of the Sum of $112,395.90 for Rent Payments for the Remainder of the Fiscal Year. R-15 An Ordinance Amending and Reordaining Section 1 of the FY2025 Annual Appropriations Ordinance (No. 49,590), as Amended, SO AS TO Increase the Golf Operations Fund by the amount of $73,685.00 and Authorized its Expenditure for the Ocean View Golf Course's Roof Replacement Project, and Amending the FY2025 Budget to Reflect Same. R-16 A Resolution Authorizing the Issuance by Norfolk Redevelopment and Housing Authority of up to $25,000,000 Student Housing Revenue Bonds for E2F Student Housing I, LLC. R-17 An Ordinance Authorizing the Acquisition of Property from Three Parcels of Land Owned by the American Heart Association, Inc., all for the Purpose of Widening and Enhancing the Public Right of Way Along East Virginia Beach Boulevard and Authorizing the Expenditure of a Sum of Up to $28,000.00 from Funds Heretofore Appropriated for Acquisition of the Property and all Related Transactional Costs. R-18 An Ordinance Authorizing the Acquisition of a Strip of Land Owned by WHLR- Janaf, LLC, and Authorizing the Acquisition of Temporary Construction Easements Across Land Owned by WHLR-Janaf, LLC for the Purpose of Widening and Enhancing the Public Right of Way Along East Virginia Beach Boulevard and Authorizing the Expenditure of a Sum of up to $21,000.00 from Funds Heretofore Appropriated for Acquisition of the Property and all Related Transactional Costs. 5 December 10, 2024 R-19 An Ordinance to Amend Sections 25-302 and 25-601 of the Norfolk City Code, 1979, regarding Removal and Storage of Towed Vehicles SO AS TO Increase Towing Fees. R-20 An Ordinance Approving a Memorandum of Understanding by and between the Transportation District Commission of Hampton Roads, d/b/a Hampton Roads Transit, and the City of Norfolk and Authorizing the City Manager to Execute the Memorandum of Understanding on Behalf of the City of Norfolk. R-21 An Ordinance Approving a Memorandum of Understanding by and Between Cities for Financial Empowerment Fund, Inc. and the City of Norfolk Regarding the Financial Empowerment Center Planning Grant and Authorizing the City Manager to Execute the Memorandum of Understanding on Behalf of the City of Norfolk. R-22 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 $20,000 from the Cities for Financial Empowerment Fund, Inc. for the Development of a Financial Empowerment Center. R-23 An Ordinance Authorizing the Acquisition of an Easement Over Property Known as Nansemond Parkway Elementary School Located at 3012 Nansemond Parkway the City of Suffolk as Part of the Commonwealth Railway Project for the Sum of $12,000.00 and Authorizing the Expenditure of a Sum of Up to $17,000.00 From Funds Heretofore Appropriated for Acquisition of the Easement and All Related Transactional Costs. R-24 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 “Uno Pizzeria and Grill” on Property Located at 5700 East Virginia Beach Boulevard. R-25 An Ordinance to Schedule Council Meeting Dates for 2025. R-26 A Resolution appointing and reappointing 37 members to 9 Commissions, 3 Boards, 2 Authorities, and 2 Committees for certain terms. ADJOURNMENT 6

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