Norfolk City Council Formal Session - July 15, 2025

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And for a moment of silence and please remain standing for the Pledge of allegiance to our flag. Of allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible with liberty and justice for all. I. So last minute I'll pull it out for you. Mm Mr. Clerk, please call the roll. Mr. Clanton. Mrs. Doyle, Mrs. Johnson, Mr. McGee. I'm here, Mr. Page. Here, Mr. Smegel, here, Mr. Thomas. Here, Dr. Alexander, here, Mr. Clerk, please read the resolution certifying the closed meeting, Mr. Clanton. I have 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. Adopt the resolution, Mr. Clanton. Hi, Mrs. Doyle. Hi, Mrs. Johnson. Mr. McGee, Mr. Page, Mr. Smeagle, Mr. Thomas, Doctor Alexander. Hi, good evening. Welcome to the Norfolk City Council chamber tonight. We begin with public comments on regular and consent agenda items followed by public hearings in the consent agenda, which will be voted on in a block. If any member of the council wishes to discuss an item. Or remove it, it will be considered separately. Following the consent agenda, we'll take up regular agenda items. To address the council, you should have registered to speak with the clerk prior to 3 p.m. When your name is called, please come to the podium, state your name, home address. Please limit your comments to 3 minutes. Mr. Clerk, could you please read the rules covering tonight's meeting? Certainly City council rules permit each speaker 3 minutes in total to speak on any and or all consent and agenda docket items at each monthly meeting. If in advance of tonight's meeting you registered with the clerk to comment on a public hearing matter, you will also have 3 minutes to comment on that matter. As you approach the council, you'll notice a timer on the lectern. At the beginning of your 3 minutes, the green light will activate. 2.5 minutes into your remarks, you'll notice a yellow light indicating you have 30 seconds to finish your comments. At the end of 3 minutes, you'll see a red light and hear a beep. We ask that you conclude your comments at that time. While speakers have an opportunity to address council on docket matters, all comments should be made in a manner that respects the seriousness of the forum and should not be made in a profane, disruptive, sarcastic, or demeaning fashion. All remarks should be directed to the city council as a body rather than to any particular member of city council staff or the audience. Comments on an agenda item should be germane to that item. A speaker who fails to comply with the basic rules of decorum will be deemed out of order and not allowed to conclude his or her comments, and as a reminder, no sign placard, poster, or like material which may be carried by hand shall be permitted in the council chamber or adjoining areas. Thank you, uh, uh, Mr. Clerk. Clark, we have those who want to uh. some public hearings, uh, PH1. Public hearing was scheduled this day pursuant to state law to hear comments on an ordinance to amend and reordain Section 14.1-24. Larchmont Library precinct so as to change the name of the precinct to Larchmont UMC Precinct to amend subsection 14.1-7410 so as to change the name of the precinct. From Larchmont Library precinct to Larchmont UNC Precinct to amend section 14.190 so as to change its name to Larchmont UMC Precinct and change the location of the voting place to Larchmont United Methodist Church at 1101 Jamestown Crescent and have an ordinance to amend and reordain Section 14.1-24 Larchmont Library Precinct so as to change the name of the precinct to Larchmont UMC Precinct. To amend subsection 14.1-7410, so as to change the name of the precinct from Larchmont Library precinct to Larchmont UMC precinct. And changed the location of the voting place to Larchmont United Methodist Church, 1101 Jamestown Crescent, dispensed with the charter requirement for reading the ordinance twice and adopt with the effective date, Mr. Clanton. Hi Mrs. Doyle. Mrs. Johnson, Mr. McGee. Hi Mr. Page. All right, Mr. Smeagle, Mr. Thomas, Dr. Alexander. I'm clear, page 2 public hearing two scheduled to stay pursuant to state law to hear comments on an ordinance authorizing the sale and conveyance to Richardson Holmes Inc. on that certain parcel of property located at 3575 Mississippi Avenue in accordance with the terms. Conditions of the city's online real estate auction and authorizing the modification, revision, or release of certain protective and restrictive covenants of an ordinance authorizing the sale and conveyance to Richardson Holmes Inc. of a certain parcel of property located at 3575. Mississippi Avenue in accordance with the terms and conditions of the city's online real estate auction and authorizing the modification, revision, or release of certain protective and restrictive covenants dispensed with the charter requirement for reading ordinance twice and not with the effective date, Mister Clanton. Mrs. Doyle, Mrs. Johnson, Mr. McGee, Mr. Page, Mr. Smeagle, Mr. Thomas. Hi Dr. Alexander, I clerk. Public hearings to reschedule the stay pursuant to state law to hear comments on an ordinance authorizing the sale and conveyance to Dependable Homes Incorporated that certain parcel of property located at 850 Lexington Street in accordance with the terms and conditions of the city's online real estate auction and authorizing the modification, revision, or release of certain protective and. Covenants of an ordinance authorizing the sale and conveyance to Dependable Homes Incorporated of a certain parcel of property located at 850 Lexington Street in accordance with the terms and conditions of the city's online real estate auction authorizing the modification, revision, or release of certain protective and restrictive covenants dispensed with the charter requirement for reading the ordinance twice and adopt with the effective date, Mister Clanton. Mrs. Doyle. Hi, Mrs. Johnson, Mr. McGee, Mr. Page, Mr. Smegel, Mr. Thomas. Hi, Doctor Alexander. Hi Be 4. Public hearing for scheduled the stay pursuant to state law to hear comments on an ordinance authorizing the sale of conveyance to Robert Etheridge Residential LLC with a certain parcel of property located at 400 Middlesex Street in accordance with the terms and conditions of the city's online real estate auction and authorizing the modification, revision, or release of certain protective and restrictive covenants of an ordinance authorizing the sale and conveyance to Robert Etheridge Residential LLC. Of that certain parcel of property located at 400 Middlesex Street in accordance with the terms and conditions of the city's online real estate auction and authorizing the modification, revision, or release of certain protective and restrictive covenants dispensed with the charter requirement for freedom ordinance twice and adopt with the effective date. Mr. Clanton All right, Mrs. Doyle, Mrs. Johnson, Mr. McGee, Mr. Page, Mr. Smeagle, Mr. Thomas, Dr. Alexander. C. Public hearing 5 scheduled the state pursuant to state law to your comments on an ordinance authorizing the sale and conveyance to globally operational hauling and Moving Services LLC. That certain parcel of the property located at 3430 Westminster Avenue in accordance with the terms and conditions of the city's online real estate auction and authorizing the modification, revision, or release of certain protective and restrictive covenants of an ordinance authorizing the sale of conveyance to globally operational hauling and Moving Services LLC of a certain parcel of property located at 3430 Westminster Avenue in accordance with the terms and conditions of the city's online real estate auction and authorizing the modification revision. Or release of certain protective and restrictive covenants dispensed with the charter requirement for reading the ordinance twice and and not with the effective date, Mister Clanton. Hi Mrs. Doyle, Mrs. Johnson, Mr. McGee, Mr. Page, Mr. Smegel, Mr. Thomas, Dr. Alexander, I 6. Public hearings 6 scheduled this day pursuant to state law to hear comments on an ordinance approving a 2nd Amendment to docking agreement between the city of Norfolk and Rover Marine Inc trading as Victory Rover Naval Base Cruises so as to extend the term of the agreement for the use of a portion of the city's waterfront area for docking and berthing. The Victory Rover vessel for 1 additional period of 5 years and authorizing the city manager to execute the 2nd Amendment to docking agreement on behalf of the City of Norfolk. I have an ordinance approving a 2nd Amendment to docking agreement between the City of Norfolk and Rover Marine Inc trading as Victory Rover Naval Base Cruises so as to extend the term of the agreement for the use of a portion of the city's waterfront area for docking and berthing. The Victory Rover vessel for one additional period of 5 years and authorizing the city manager to execute the Second Amendment to docking agreement on behalf of the city of Norfolk dispensed with the charter requirement for reading the ordinance twice and adopt with the effective date, Mr. Clanton. Mrs. Doyle, Mrs. Johnson, Mr. McGee, Mr. Page, Mr. Sneagle, Mr. Thomas, Doctor Alexander, 77 PH 7. public hearings scheduled to stay pursuant to state law to hear comments on an ordinance closing, vacating, and discontinuing a portion of an unnamed 20-foot lane adjacent to 731 Monticello Avenue and authorizing the conveyance to the abutting property owners of any interest the city has in the said portion of the lane. I have an ordinance closing and vacating and discontinuing a portion of an unnamed 20-foot lane adjacent to 731 Monticello Avenue and authorizing the conveyance to the abutting property owners of the interest the city has in the said portion of the lane dispensed with the charter requirement for orders twice and adopt with the effective date, Mr. Clanton. Oh, Mrs. Doyle. Mrs. Johnson, Mr. McGee, Mr. Page, Mr. Spiegel, Mr. Thomas. I see. Thank you, Doctor Alexander. Retreat. Public hearing a schedule the state pursuant to state law. There are comments on an ordinance authorizing the conveyance of a pedestrian access easement to the city of Portsmouth and authorizing the city manager to enter into the deed of easement on behalf of the city. I have an ordinance authorizing the conveyance of a pedestrian access easement to the city of Portsmouth and authorizing the city manager to enter into the deed of easement on behalf of the city, dispensed with the charter requirements for ordinance twice and had not with the effective date, Mr. Clanton. Mrs. Doyle, Mrs. Johnson. Mr. McGee, Mr. Page, Mr. Smigel, Mr. Thomas, Doctor Alexander, um, Mr. Clerk, we have, um, our consent agenda and agenda items and I have individuals who have registered to speak before we take up the vote. I'll I'll address them now, um. Sam Allen Marley. Was the speaker on C2. Followed by, uh, Ken Paulson if you would like to speak on C4, sir, please welcome. Yes, uh, yeah, good evening. My name is Samuel Mary. Um, my address is 5677 East Virginia Beach Boulevard, Norfolk. I'm, um, I'm, I'm speaking regarding, uh, 6227 Edward Street, uh, short-term rental. Um, uh, I'm a real estate broker and I manage about 150 properties. We have about 25 Airbnbs in the local area, and we would like to have this property as a short-term rental. And I'm here to answer any questions. Thank you, sir. Thank you. Paulson, would you like to speak? Good evening, Mr. Mayor, Mr. Vice Mayor, uh, the council members, city manager, uh, city attorney, uh, city, uh, city clerk, and those present. Uh, I'm here representing the, uh, owner of 2032 East Ocean View, which is an STR for tonight, and we want to thank you for your efforts in changing the process that happened when we were here two years ago, it was a lot different and it's improved, and I just wanted the owner and I would like to say thank you very much for your efforts in that area and elsewhere in the city. So unless there's questions, I'll sit down. you. Thank you. Thank All right. And Yeah, everyone else was here just to answer questions. Uh, so Mr. Clerk for C constituent items, uh, C2, C3, and C1, um. C1 will move to the regular agenda item and C2 and C3 will be considered, uh, when we move to. Uh, to generally, uh, generally move generally, generally, generally on C2 and C3. OK, uh, approve the consent agenda and dispense with the charter requirement for the ordinances twice and adopt with the effective days with the exception of C2, C3, and C1. Mister Clanton Uh Mrs. Doyle. This is Johnson. Mr. McGee, Mr. Page, Mr. Smeagle, Mr. Thomas, Doctor Alexander, C1, sir, is an ordinance granting a conditional use permit to authorize a large scale drive-through facility on property located at 1819 East Little Creek Road for a facility named Mudslinger's Drive-through Coffee. He didn't, he didn't want to speak, but I just have a question. I had to laugh because it says large scale drive-through and it's building's only 250 square feet. Uh, good good evening. I'm Jonathan Kirkus, the, uh, operator. It's considered that because as we're preparing for both sides, and that's why I think we got the large scale designation. But yes, it'll be a small building about the size of a standard shipping container if anybody's familiar with those about 10 ft wide, 20 ft long. I, I don't wanna make you nervous. Uh, I thank you for doing this. I know this is your first time operating, uh, this, so, um, it was more about the design of it. So in the package you sent, uh, it looks like a barn, and that doesn't fit the what we're trying to get on Little Creek Road in your application. You did say I wanna make sure I got this right. The. Exteriors customizable at the property owner of the city desires a look to fit their location, so I haven't seen an elevation of it and I don't think we didn't require it at planning, so I'm not nitpicking it, but if it's possible, um, uh, Shawn Washington and, uh, uh, Wayne over there they have um. Uh, we did a year-long, um, corridor study on Little Creek Road with Kimley Horn, and they have, um, designs that we went through Citizen Charettes that looked at different designs for buildings that would come on Little Creek Road. If you would look at that and consider as you're moving forward with the elevation. It's more of a modern look and they can give you all of the presentations we did. So, uh, I, I didn't know, um, because the picture that was provided is and there's multiple models of mud slingers across the country, so I'm sure there's one in there that might fit a little bit better to what we're looking for on there. OK, that's not a problem. Uh, like there are multiple prefab, um, and then they're customizable on top of that, so we can probably work something out where it fits more of the aesthetic that you're looking for. Instead of Googling them and telling you what it matches, if you look at that and they have one that fits, I think, um, from Jeremy and I when we were doing all that work, it would the citizens would appreciate that on there. I wish you much success with it. Thank you very much. Dispensed with the charter requirement for reading the ordinance twice in adopt with the affected date, Mister Clanton. Thank you, Mrs. Doyle, Mrs. Johnson, Mr. McGee. Mr. Page, Mr. Smegel. Mr. Thomas, Doctor Alexander. All right, Mr. Clerk, C2, generally, C2, there's a motion to continue C2 generally. Mr. Clanton. Mr. Clanton, thank you. OK, Mrs. Doyle. Hi, Mrs. Johnson. Mr. McGee, Mr. Page, Mr. Smegel, Mr. Thomas, Doctor Alexander, C3, the motion is to continue generally, sir. Thank you, sir. Mr. Clanton. Thank you, Mrs. Doyle, Mrs. Johnson, Mr. McGee, Mr. Page, Mr. Smeagle, Mr. Thomas, Doctor Alexander. Part one is a resolution in support of an application by Fair Winds Terminal Services LLC for grant funds from rail from the rail industrial access program of the Commonwealth Department of Rail and Public Transportation. Adopt the resolution, Mr. Clanton. Mrs. Doyle, Mrs. Johnson. Mr. McGee, Mr. Page, Mr. Smegel, Mr. Thomas. Hi, Doctor Alexander, or two. R2 is an ordinance authorizing the city manager to appoint the director of public works as the appropriate procurement agent for the Norfolk Coastal Storm Risk Management Project's non-structural program dispensed with the charter requirement for even ordinance twice in a dot with the effective date, Mr. Clanton. Mrs. Doyle, Mrs. Johnson, Mr. McGee, Mr. Page, Mr. Smeagle, Mr. Thomas. Doctor Alexander, Mr. Clerk, Arthur, Arthur is an ordinance authorizing the acquisition of easements over and under portions of property known as parcels 19D19 and 19CR 111 in the city of Suffolk as part of the Commonwealth Railway project for the sum of $10,000 and authorizing the expenditure of a sum of up to $7000 from funds heretofore appropriated. For acquisition of the property and all related transactional costs dispensed with the charter requirement for even ordinance twice and not with the affected date, Mister Clanton. Mrs. Doyle, Mrs. Johnson, Mr. McGee, Mr. Page, Mr. Smegel, Mr. Thomas, Dr. Alexander, a Part 44 is an ordinance granting a conditional use permit to authorize a short-term rental unit vacation rental on property located at 429 Farer Street and by a 6 to 1 vote planning commission recommended approval dispensed with the charter requirement for reading the ordinance twice and adopt with the effective date. Mr. Clanton Mrs. Doyle, Mrs. Johnson, Mr. McGee, Mr. Page, Mister Smeagle, Mister Thomas. Doctor Alexander, motion fails. R5 is an ordinance approving a memorandum of understanding by and between the city of Norfolk. And Norfolk State University for coordination of efforts to manage overflow public parking for the 2025 Norfolk State University football season and authorizing the city manager to execute the memorandum of understanding on behalf of the City of Norfolk dispensed with the charter requirement for ordinance twice and adopt with the effective date, Mr. Clanton. Mrs. Doyle, Mrs. Johnson. I if I may say to the city manager and your team, um, as well as my colleagues here, um, and the citizens of Norfolk, I want to thank you very much, sir, you and your team and Norfolk State University for um having this partnership. Uh, we've been working on it for about a year. And we're at this point and we're very excited to move forward with the partnership with Norfolk State University, um, which is a part of the Broad Creek, Greater Broad Creek, and thank you again, sir, and Mr. Mayor. Um, I thank you, Mr. McGee, Mr. Page. Yes, I want to uh add on to what my colleague said, uh, on behalf of the city, but particularly Ward 4, which Norfolk State is in, and we have our athletic director, the best division one athletic director in the country who has brought us Coach Vic and a lot of excitement to our university and to our city. Thank you for this partnership and thank you for your faith. Uh, and moving forward and making sure we're gonna have a winning season and a winning season and a winning season and a good time also. Thank you so much. My vote is I. Thank you, Mr. Smeagle, Mr. Thomas. Doctor Alexander, uh, I, um, the athletic director is here. Uh, Melanie, want you, yeah, thanks for, thanks for being here representing. Thank you for being here. Thank you. All right. Thank you, sir. R 6 R6 is an ordinance amending the FY 2026 annual appropriations ordinance number 49-966 so as to accept and appropriate grant funds up to the sum of $398,459 from the Commonwealth of Virginia to provide 1.5% bonuses to all constitutional officers and their employees. And the general registrar Office of the Election Employees and Electoral Board if and when received appropriating the sum of $234,335 as a local cash match and amending the annual grants plan in the FY 2026 budget to add the grant information dispensed with the charter requirement for even ordinance twice and it dealt with the effective date, Mr. Clanton. Mrs. Doyle, Mrs. Johnson. Hi, Mr. McGee. Hi, Mr. Page, Mr. Smeagle, Mr. Thomas. Dr. Alexander, R7 is an ordinance submitting the FY 2026 Annual Appropriations Ordinance number 49966 so as to accept an appropriate donated funds from citizens and organizations in the amount of not to exceed $30,000 from the Department of Neighborhood Services to support the unity in the community back to school event if and when received dispensed with the charter requirement of freedom to ordinance twice and adopt with the effective date, Mr. Clanton. Mrs. Doyle, Mrs. Johnson, Mr. McGee, Mr. Page, Mr. Smeagle, Mr. Thomas, Dr. Alexander, R is an ordinance approving a second amendment to purchase and development agreement by and between the City of Norfolk as seller and Breeding Investment Properties Inc. as developer for that certain parcel of real property located at 701 Monticello Avenue in the city of Norfolk, Virginia and authorizing the city manager to execute. The 2nd Amendment to purchase and development agreement on behalf of the City of Norfolk dispense with the charter requirement for reading the ordinance twice and adopt with the effective date. Mr. Clanton, Mrs. Doyle, Mrs. Johnson. Hi, Mr. McGee, Mr. Page, Mr. Smeagle. Hi, Mr. Thomaste. Thank you, Dr. Alexander. Hi cart. R9 is an ordinance approving a 2nd Amendment to purchase and sale agreement by and among 7-E1 Granby Street LLC, Downtown Norfolk Properties LLC, Stark Street LLC, and 731 Monticello Avenue LLC as seller, and the City of Norfolk as purchaser for those certain parcels of real property located at 718, 724, and 730 Granby Street. 723 727, 729 and 731 Monticello Avenue in the city of Norfolk, Virginia and authorizing the city manager to execute the Second Amendment to purchase and sale agreement on behalf of the City of Norfolk dispense with the charter requirement to read the ordinance twice and adopt with the effective date, Mr. Clanton. Mrs. Doyle, Mrs. Johnson, Mr. McGee. Mr. Page, Mr. Smegel, Mr. Thomas. Abstaining. Thank you, Dr. Alexander. 10. R10 is an ordinance approving the conveyance to the city of Norfolk by the Economic Development Authority of the City of Norfolk of those certain parcels of property known as Military Circle Mall and located generally at 880 North Military Highway in the city of Norfolk, Virginia and authorizing the city manager to accept the deed on behalf of the City of Norfolk dispensed with the charter requirement for reading the ordinance twice and a dot with the effective date, Mister Clanton. All Mrs. Doyle. you have any concerns? No, I think this comes with the recommendation of the administration, for me personally, oh, Uh, no, you do not have a conflict in this matter. Hi, thank you, Mrs. Johnson. Hi, Mr. McGee. Hi, Mr. Page. Hi, Mr. Smegel. Hi, Mr. Thomas. Dr. Alexander, R 11 is an ordinance granting a temporary exemption. Pursuant to Section 1424.3B of Title 10.1 of the Code of Virginia for the use of expanded polystyrene food service containers by the Norfolk Public Schools Department of Nutrition dispense with the charter requirement for reading the ordinance twice and adopt with the effective date, Mr. Clanton. Mrs. Doyle. Hi, Mrs. Johnson. Hi, Mr. McGee. Hi, Mr. Page, Mr. Spiegel, Mr. Thomas, Dr. Alexander. Hi, Mr. Roberts. R12, yes, thank you, Mayor. If I can provide a bit of explanation on R12, this is an ordinance that will ultimately authorize, uh, the city administration to execute what's called a comprehensive agreement between the city of Norfolk, and Norfolk School Board and Heartland Construction to finalize the design and commence construction on the replacement of Maury High School. Um, I'm encouraged by the discussions that my staff have had with those two entities over the last several days. There are just a few substantive matters within that contract that require some additional negotiation. I'm asking for just, uh, that we take several more days to wrap that up, bring back a final recommendation to council, and that opportunity would also afford us the ability to update the public on the details of the project that will ultimately. be authorized by city council. Of note, this is a project that, uh, with the price tag equates to roughly a quarter of a billion dollars, and so it's a significant investment made by city council on behalf of the taxpayers, but it's also a decision that city council should not take lightly and feel very confident moving forward. Um, I'm asking that this item be rescheduled to your August 26th regular meeting, which is your next opportunity. To consider it and we'll commence um ongoing discussion with both parties in hoping to uh finalize that and also provide a detailed explanation for public consideration. Thank you. The motion is to continue our 12 to August 26, 2025's docket. Mr. Clanton, All right. Mrs. Doyle. I'm gonna vote no on the continuance because I feel like we really need to move forward on this, although I really do hope that when we do move forward on this in late August on our August 26th meeting, we take a final vote and we move forward because the longer we go, the greater the cost will be. So I vote no on the continuance, but if it doesn't pass tonight, we're not able to vote on it tonight. I look forward to the vote in late August. This is Johnson. Hi. Mr. McGee, I, Mr. Page, Mister Smegle, no, Mr. Thomas, no. Doctor Alexander. Mr. Clark, do you have another? That's it, sir.