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Unpacking the Agenda: The December 5th Norfolk City Council Meetings
Here's a preview of what's on the docket
Paul Stetson Rice
December 05, 2023
Here’s what’s coming up in the City Council meetings today, Tuesday, November 28th.
3:30 pm City Council Work Session
II. EXTERNAL AUDIT RESULTS - REPORT OUT
Presenter: Cheri Amoss, CliftonLarsonAllen LLP
Background:
The Single Audit Act requires an annual audit of non-Federal entities, including Tribes, that expend $750,000 or more of Federal Financial Assistance in a fiscal year.
A shortage in auditors may impact local governments who need to do this.
III. ANNUAL AUDIT PLAN
Presenter: Tammie Dantzler, City Auditor
Background:
The Auditor's office conducts a series of audits on different departments of the City throughout the year.
The proposed areas for FY 2023 audits included Towing Operations, NCSB Special Revenue Funds, 911 Center, Homelessness, Human Resources Recruitment and Retention, Traffic Safety Program, Ground Maintenance, Conditional Use Permitting Process, Scope Promotions, Nuisance and Abatements, Fire Marshall’s Office, and NRHA HUD Pass-Through Grants.
Here’s the 2023 Audit Reports published on the City website:
Juvenile Detention Center Food Services Program
Chief of Police Hiring Process Final Report
Ground Maintenance Audit Report
Scope Promotions Turnover Audit Report
NCSB Homelessness Audit Report
6:00 pm City Council Formal Session Meeting
Consent Agenda
C-1
An Ordinance Granting a Development Certificate, With Waivers, to Permit the Restoration of a Commercial Building on Property Located at 2600 Lafayette Boulevard.
Plain English:
Voting to allow the reconstruction of an addition at 2600 Lafayette Blvd.
Background:
In 2016, prior to the current owner purchasing the building, a portion of the building on this site was demolished due to significant issues with the roof. The current property owner proposes to reconstruct the 1,290 square foot portion of the building that was demolished, locating it on the same footprint as it was previously.
An Ordinance Granting a Conditional Use Permit to Authorize a Large-Scale Drive-through Facility on Property located at 3350 East Princess Anne Road for an Establishment Named “Walmart Neighborhood Market.”
Background:
Research on the effects of drive throughs
National Institute Of Health study suggests that removing drive throughs promotes healthier food choices at restaurants.
An Ordinance Granting a Conditional Use Permit to Authorize the Production of Craft Beverages at an Establishment Named “Mean Spirits Distillery” on Property Located at 2401 Colonial Avenue.
Background: This building previously housed Buckstaff, public safety equipment. It’s across the street from Toast / Perro Blanco. While Norfolk has a number of craft beer businesses, this would be the second craft liquor distillery in the city (the first is Reverend Spirits) and the first with a tasting room. Craft beer demand has been declining, while spirit based drinks are on the rise.
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 “Be A J Juice Bar” on Property Located at 3016 East Princess Anne Road.
Background
Be A Juice Bar has been open since 2021. It will not be open for business as a juice bar when it is rented as a banquet hall. Be A Juice does not have an ABC license and will require renters to obtain their own.
An Ordinance Granting Conditional Use Permits to Authorize the Operation of a Restaurant with Extended Hours, the Sale of Alcoholic Beverages for On Premises Consumption, and Live Entertainment Named “The High Cup” on Property Located at 117 East Princess Anne Road.
Background:
This location was home to Slowdive Gallery. The gallery was at the forefront of the City’s crack down on nightlife venues. Whereas Slowdive was open until 2am, The High Cup will only be open until midnight on Friday/ Saturday and 11pm the rest of the week. The High Cup has also requested permission for significantly less entertainment, naming only live bands, karaoke, and comedians.
An Ordinance Granting a Conditional Use Permit to Authorize the Operation of a Minor Automobile Repair and Maintenance Facility named “Take 5 Oil Change” on Property Located at 1212 North Military Highway.
An Ordinance Granting Conditional Use Permits to Authorize the Operation of an Automobile Sales Establishment and a Major Automobile Repair and Maintenance Facility named “Checkered Flag Auto Outlet” on Properties Located at 6513, 6517, and 6525 East Virginia Beach Boulevard.
An Ordinance Granting a Conditional Use Permit to Authorize a Large-Scale Drive-through Facility on Property located at 7530 Tidewater Drive for a Restaurant Named “Panda Express.”
Items C9 - C14 are all conditional use permits for Short Term Rentals.
Short Term Rentals Background:
Councilman Tommy Smigiel has sought a pause to approving new Short Term Rentals.
Richmond passed new regulations on STRs earlier this year.
Senate Bill 1391, introduced in the last General Assembly session, didn’t pass but would move some STR regulation power to the state.
Our past coverage on STRs form 2021.
An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9602 10th Bay Street.
An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9569 20th Bay Street.
An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9611 19th Bay Street.
An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 9407 Chesapeake Street.
An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 9512 18th Bay Street.
An Ordinance Granting a Conditional Use Permit to Authorize Short-Term Rental Units (Vacation Rental) on Property Located at 216 Dulwich Crescent.
Letter to City Council transmitting from the General Registrar an Abstract of Votes cast in the 2023 November General and Special Elections held on November 7, 2023, pursuant to Section 24.2-675 of the Code of Virginia.
Regular Agenda
An Ordinance Amending the FY2024 Annual Appropriations Ordinance (No. 49,220) SO AS TO Accept, Appropriate and Authorize the Expenditure of Additional Grant Funds Up to The Sum Of $100,000 From the Virginia Department of Transportation, And Authorizing the Expenditure of a Local Cash Match in The Amount Of $59,783 Previously Appropriated in The FY2024 Capital Improvement Plan for The FY20219 Congestion Mitigation and Air Quality Program Previously Created Under Ordinance No. 47,755.
Plain English:
City Council is voting to accept and authorize the use of $100,000 State DOT funding, which requires the City to spend matching funds of $59,783 from the City Capital Improvement Plan.
Analysis:
Although the funds are coming through a “Carbon Reduction Program,” the funds are going to be spent on upgrading the “Emergency Vehicle Preemption” technology used in the City. EVP technology communicates from emergency vehicles to traffic signals to trigger green lights. Getting from traffic light tech to carbon reduction seems like a big leap, but here’s what the logic seems to be: Emergency vehicles navigate intersections more smoothly, other vehicles have to wait less to resume traveling, those reduced wait times means less idling motors and reduced emissions.
Background:
VDOT’s Carbon Reduction Program was funded by the Infrastructure
Investment and Jobs Act signed into law in 2021.
An Ordinance Amending the FY2024 Annual Appropriations Ordinance (No. 49,220) SO AS TO Accept Additional Grant Funds Up to The Amount Of $207,932 From the Virginia Department of Transportation ("VDOT") Primary Extension Funding, If and When Received, And to Appropriate and Authorize the Expenditure of The Funds to Repave Seven Roadway Segments, Which Project Was Previously Created Under Ordinance No. 49,060.
Plain English:
The City is accepting federal funds through VDOT, for the improvement of three stretches of road: Park Avenue from VB Blvd to Brambleton, E. Princess Anne from Standard Street to VB Blvd and from Cowand Ave to Miltate Ave. The work should likely be contracted through firms owned by minorities, women and other socially and economically disadvantaged persons, due to the connection to the Disadvantaged Business Enterprise program. *Note: the linked ordinance document specifies three road segments; however, the docket language says seven*
Background:
Federal State of Good Repair Grant Program
Federal Allocation Funding Formula
Federal Disadvantaged Business Enterprise (DBE) Program
State Disadvantaged Business Enterprise Program
A Resolution in Support of an Application by Norfolk Terminal, LP, for Grant Funds from the Rail Industrial Access Program of the Commonwealth Department of Rail and Public Transportation.
Plain English:
On this item Council is voting to pass a formal statement of support for an application for State funds by Norfolk Terminal LP and Katoen Natie.
Background:
Norfolk Terminal LP leases their property to Katoen Natie; the property is the former Ford assembly plant which closed in 2011. Katoen Natie is a Belgian plastics and polymers distributor. They announced a $60 million expansion alongside Governor Youngkin last month.
The two parties got similar support from the City in 2021, when they were seeking to add new rail line, a new warehouse, and expand employees.
This resolution is supporting an application for the same amount of grant funds as it did in 2021, however, the details are marginally different. According to the Virginian-Pilot the two projects are different, and the 2021 project has been completed.
An Ordinance Approving a Memorandum of Understanding between the Cities of Norfolk, Chesapeake, Portsmouth, Suffolk and Virginia Beach for Hampton Roads Computer Aided Dispatch Interoperability Project (HRCIP).
Plain English: The City of Norfolk is agreeing to share real-time emergency dispatch information with the other named cities. The Computer Aided Dispatch service is contracted through CentralSquare Technologies, which all of the named cities use. This agreement is focused on data sharing between cities.
Background:
Arlington County has already introduced AI systems for dispatchers. While there’s no explicit language of AI use in the MOU, this integration likely opens the door for it.
There’s been a shortage of 911 dispatchers in Norfolk in the past few years, with 36% of jobs still open.
Earlier this year the 911 and non-emergency lines were down due to a technical issue.
An Ordinance Granting a Conditional Use Permit to Authorize a Short-Term Rental Unit (Vacation Rental) on Property Located at 2450 East Ocean View Avenue. (Passed by at the November 28, 2023 Meeting)
Background:
Notice that this Short Term Rental permit is separated from the others in the consent agenda. This requires City Council to have an individual vote on this STR, while the rest will likely get a single approval vote with the entire Consent Agenda. This is a renewal application and the applicant has been in good standing with the City and had no zoning complaints before the City Planning Commission meeting on October 26th 2023. Since then 42 complaints have been logged, with many being duplicates. The civic league has voted to support the renewal, but 19 letters of opposition have been filed. The concerns expressed mostly reference parking, guest traffic, and noise as a concern.
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