City Council Agendas

NORFOLK, VIRGINIA MEETING OF COUNCIL TUESDAY, SEPTEMBER 9, 2025 Mayor Kenneth Cooper Alexander, called the meeting to order at 4:00 p.m., with the following members present: Mr. Carlos J. Clanton, Mrs. Courtney R. Doyle, Mrs. Mamie B. Johnson, Mr. Jeremy D. McGee, Mr. John E. Paige, Mr. Thomas R. Smigiel Jr. Vice Mayor Martin A. Thomas Jr., was absent. AGENDA 9-9-25 I. CITY PLANNING UPDATE (Robert Tajan, Planning Director)  Banquet Facility at 3411 Sewells Point Road: o Conditional use permit requested for a banquet facility (for rent without alcohol or live entertainment, occupancy limited to 25 due to a single restroom facility). o Planning Commission voted 6-1 to deny the application; the Greenwood-Elmhurst- Norview Heights Civic League provided an email of opposition. o Concerns: the applicant had not identified the use of all spaces, and there was a concern with the lack of clarity of the business plan and operations for the rental of the banquet facility.  Mack’s Barge Restaurant at 4300 Colley Avenue: o A new owner is requesting a Conditional use permit for an existing restaurant, proposing extended hours of operation, live entertainment, and the sale of alcoholic beverages for on and off-premise consumption. o Proposed hours: 6:30 a.m. until 2 a.m. seven days a week; alcohol sales on-premise until midnight seven days a week. Proposed entertainment includes live band, karaoke, comedian, and poetry reading, similar to the previous operator. o Planning Commission voted 7-0 to recommend approval of the request with conditions:  Outdoor dining must cease by 10 p.m. Sunday through Thursday and 11 p.m. Friday and Saturday.  All doors and windows are to be closed by 9 p.m. to limit noise impacts; all entertainment will only be indoors with no outdoor entertainment. o The Highland Park Civic League provided a letter of opposition, and a speaker in opposition at the Planning Commission public hearing expressed concerns with the previous operations. Councilwoman Doyle clarified the new owner is unrelated to the previous one, and conditions were put in place to ensure the establishment would be run differently and mitigate impacts. -1-  7-Eleven at 7912 Halprin Drive: o Conditional use permit requested by 7-Eleven Incorporated for a convenience store with gasoline sales, off-premise sale of alcohol, and the sale of smoking products on a vacant retail building site. o Planning Commission voted 7-0 to recommend approval with conditions:  The applicant has agreed to require the cease of operations of the nearby existing grandfathered 7-Eleven on Halprin Drive.  A deed restriction will be placed on the property to limit the grandfathered property so it cannot be reopened as a convenience store or sell off-premise alcohol or vaping products. o The Roosevelt area Civic League and additional letters of opposition were received, citing traffic concerns. o Council discussion, led by Councilman Smigiel, addressed the reconfiguration of the layout to address Halprin and East Little Creek Road, shielding pumps from Halprin Drive, and improving traffic flow. He noted the existing 7-Eleven is franchise- operated. The proposed site currently has been a Rite Aid, which has been vacant for 10 years. He also mentioned 7-Eleven's plans to redo the 7-Eleven on the corner of Shore Drive and Little Creek Road and upgrade the one across from East Beach. He suggested traffic should actually decrease due to the closure of the old 7-Eleven and a Dunkin Donuts that also moved, shifting traffic to Little Creek Road. II. RIGHT OF ENTRY AGREEMENT  Deputy City Manager Doug Beaver and Colonel Sonny Avichal (Norfolk District USACE) presented specifics of a right of entry agreement for the United States Army Corps of Engineers to perform survey and exploratory work on various city-owned parcels, primarily in phases 1B, C, and D.  Agreement duration: 5 years, consistent with a previous approval by City Council in 2022 for phase 1A.  Purpose: This is a procedural step in the design and planning process, not a final approval for the design or construction alignment. It allows for advancing the design of what was already authorized and provides a basis for comparison if the alignment changes.  Fieldwork, including soil analysis, geotechnical borings (which take about three weeks and address major cost drivers related to subsurface uncertainty), topographic survey work, wetland delineation, and archaeological investigations, will begin this fall.  Timeline: 30% design for phase 1B is targeted for spring 2026; 30% design completion for phases 1C and 1D is targeted for summer 2026.  Emphasis on public outreach: The plan includes general notifications to all stakeholders and businesses, coordination with the Elizabeth River Trail on potential detours, and deconfliction of work schedules with Festevents or downtown events. Flyers, if approved, could go out by the end of the month.  Councilmembers, including Councilwoman Doyle, reiterated that this is not an approval of the current alignment, acknowledging their concerns about the alignment of 1C and 1D. Community concerns, especially from Freemason residents, Downtown residents, property -2-  owners, and homeowners’ associations, expressing a "resounding no" to the current alignment, were acknowledged.  Southside/Willoughby Update: o Efforts are underway to secure $500,000 for exploratory work for the Southside and Willoughby areas to do the reinvestment investigation. This is contingent upon a federal government budget being passed, as a continuing resolution would not include it. Congressman Bobby Scott's staffers are actively working on this. CLOSED SESSION Motion for a closed session was approved at 4:19 p.m. for purposes which are set out in Clauses 1, 3, 8 and 29 of subsection (A) of Section 2.2-3711 of the Virginia Freedom of Information Act, as amended: (1) Discussion and consideration of potential candidates for Council appointed Boards, Commissions, Authorities and Committees. (3) Discussion of the disposition of real property in ward 2/superward 7 area where discussion in an open meeting would adversely affect the negotiating strategy of the public body. (8) Consultation with legal counsel regarding a gaming issue which requires legal advice. (29) Discussion of the award of a public contract in Ward 4 area where discussion in an open session would adversely affect the negotiating strategy of the public body. -3-  September 9, 2025 NORFOLK, VIRGINIA ACTION OF THE COUNCIL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 9, 2025 6:00 P.M. A CITIZEN WHO WISHES TO ADDRESS COUNCIL CONCERNING A CONSENT, REGULAR OR PUBLIC HEARING MATTER ON THE AGENDA, OR NEW BUSINESS (HELD ON THE FIRST MEETING OF THE MONTH) SHOULD 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 Kenneth Cooper Alexander Mayor Present Carlos J. Clanton Councilmember-Superward 7 Present Courtney R. Doyle Councilmember - Ward 2 Present Mamie B. Johnson Councilmember - Ward 3 Present Jeremy D. McGee Councilmember-Superward 6 Present John E. Paige Councilmember - Ward 4 Present Thomas R. Smigiel Jr. Councilmember - Ward 5 Present Martin A. Thomas Jr. Vice Mayor - Ward 1 Absent MOTION TO EXCUSE Motion to Excuse Vice-Mayor Martin A. Thomas, Jr. ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr. ABSENT: Thomas Jr. 1  September 9, 2025 APPROVAL OF MINUTES Approve the Minutes of the Previous City Council Meeting. ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr. ABSENT: Thomas Jr. 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: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr. ABSENT: Thomas Jr. PUBLIC HEARING PH-1 Public Hearing scheduled this day, pursuant to State Law, to hear comments on the proposed issuance by the City of Norfolk of up to $225,000,000 in General Obligation Bonds to finance a portion of the City's Capital Improvement Program. An Ordinance Authorizing the Issuance and Sale by the City of Norfolk, Virginia, of Up to $225,000,000 in General Obligation Bonds for Capital Improvement Program Projects - (Ordinance No. 50102) ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr. ABSENT: Thomas Jr. 2  September 9, 2025 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: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr. ABSENT: Thomas Jr. C-1 An Ordinance Granting Vincent Hodges, for the Benefit of Berkley Historical Society/Southside Coalition, to Encroach into the Right-Of-Way Located Near the Intersection of South Main Street and Berkley Avenue with a Fiberglass Replacement of the Flying Spirit Mermaid. The Replacement Mermaid will sit upon an Existing Cement Stanchion. C-2 An Ordinance Authorizing the Acceptance of a Utility Easement From American Diabetes Association Property Title Holding Corporation Over the Property Located at 1205 N. Military Highway and Authorizing the City Manager to Accept the Easement on Behalf of the City. - (Ordinance No. 50103) C-3 An Ordinance directing the City Treasurer to issue a refund to Louise W. Eggleston Center, Inc. upon the overpayment of its Business Tangible Property Tax for Tax Years 2022, 2023, 2024, and 2025. - (Ordinance No. 50104) C-4 An Ordinance directing the City Treasurer to issue a refund to Securitas Technology Corporation upon the overpayment of its Business Tangible Property Tax for Tax Year 2025. - (Ordinance No. 50105) C-5 An Ordinance directing the City Treasurer to issue a refund to Norfolk Facility Operations LLC upon the overpayment of its Business License Tax for Tax Year 2025. - (Ordinance No. 50106) C-6 An Ordinance directing the City Treasurer to issue a refund to Direct ChassisLink, Inc. upon the overpayment of its Business Tangible Property Tax for Tax Year 2025. - (Ordinance No. 50107) 3  September 9, 2025 REGULAR AGENDA R-1 An Ordinance Authorizing the Issuance and Sale by the City of Norfolk, Virginia of Up to $300,000,000 in General Obligation Refunding Bonds to Refund Earlier Bond Issues, and Authorizing an Invitation to Tender Bonds to Effect a Refunding of Certain Earlier Bond Issues Through the Purchase Thereof from Their Holders. - (Ordinance No. 50108) ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr. ABSENT: Thomas Jr. R-2 An Ordinance Amending The FY2026 Annual Appropriations Ordinance (No. 49,966) So As To Accept And Appropriate Grant Funds Up To The Sum Of $150,000 From The Virginia Department Of Behavioral Health And Developmental Services, For The Norfolk Community Services Board To Hire Developmental Disability Support Coordinators, If And When Received; and Amending The Annual Grants Plan In The FY2026 Budget To Add The Grant Information. - (Ordinance No. 50109) ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr. ABSENT: Thomas Jr. R-3 A Resolution in Support of the City's Applications for the Allocation of up to $14,165,530.50 from the Virginia Department of Transportation ("VDOT") Transportation Revenue Sharing Program for Fiscal Year 2029-2030 for Eight Transportation Projects in the City. - (Resolution No. 1950) ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr. ABSENT: Thomas Jr. 4  September 9, 2025 R-4 An Ordinance Amending The FY2026 Annual Appropriations Ordinance (No. 49,966) So As To Accept And Appropriate Grant Funds Up To The Sum Of $121,690 From The Virginia Department Of Social Services, For The Department of Human Services To Provide Performance-Based Bonuses For Employees Who Consistently Exceed Expectations In Processing Medical Assistance Renewals, If And When Received; And Amending The Annual Grants Plan In The FY2026 Budget To Add The Grant Information. - (Ordinance No. 50110) ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr. ABSENT: Thomas Jr. R-5 An Ordinance Amending The FY2026 Annual Appropriations Ordinance (No. 49,966) So As To Accept And Appropriate Grant Funds Up To The Sum Of $1,694,900 From The Virginia Department Of Transportation ("VDOT") For The Hampton Roads Transportation Accountability Commission (HRTAC) For The Portable CCTV Cameras And Portable Changeable Message Sign Project UPC 123926, Signal Timing Updates Project UPC 126623, And Detection Upgrades At Signalized Intersections Project UPC 126624 ("The Projects"), If And When Received; An Additional Sum Of Up To $45,100, If And When Made Available From VDOT; Providing The Sum of $45,100 As Local Funds From Previously Appropriated Funds; Amending The Annual Grants Plan In The FY2026 Budget To Add The Grant Information For The Project; And Authorizing The Agreement With VDOT For the Projects. - (Ordinance No. 50111) ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr. ABSENT: Thomas Jr. 5  September 9, 2025 R-6 An Ordinance Amending The FY2026 Annual Appropriations Ordinance (No. 49,966) So As To Accept And Appropriate Grant Funds Up To The Sum Of $45,000 From The Virginia Department Of Criminal Justice Services, Through The Byrne/Jag Program LE Equipment Grant, DCJS Grant Number 550190, For The Norfolk Police Department To Upgrade The Individual First Aid Kits Issued To All Officers, If And When Received; Appropriating The Sum Of $15,000 As A Local Cash Match; And Amending The Annual Grants Plan In The FY2026 Budget To Add The Grant Information. - (Ordinance No. 50112) ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr. ABSENT: Thomas Jr. R-7 An Ordinance Amending Section 16(e) Of The FY2026 Annual Appropriations Ordinance (No. 49,966) So As To Accept And Appropriate Grant Funds Up To The Sum Of $741,985 From The Virginia Department Of Criminal Justice Services Grant Award Number 26- O1185VW23, For The Commonwealth's Attorneys Office To Support The Victim Witness Program, If And When Received; And Amending The Annual Grants Plan In The FY2026 Budget To Correct The Grant Information. - (Ordinance No. 50113) ACTION: Adopted [Unanimous] AYES: Alexander, Clanton, Doyle, Johnson, McGee, Paige, Smigiel Jr. ABSENT: Thomas Jr. ADJOURNMENT 6