NORFOLK, VIRGINIA
ACTION FOR THE COUNCIL
TUESDAY, JANUARY 28, 2003 – 7:30 P.M.
Prayer was offered by Reverend Steve Jolly, Pastor of Freemason Street Baptist Church, followed by the Pledge of Allegiance.
President Fraim moved to excuse Ms. Hester for her absence from tonight’s meeting.
Motion adopted.
Yes: Burfoot, Riddick, Williams, Winn, Wright and Fraim.
No: None.
President Fraim moved to dispense with the reading of the minutes of the previous meeting.
Motion adopted.
Yes: Burfoot, Riddick, Williams, Winn, Wright and Fraim.
No: None.
CERTIFICATION OF CLOSED MEETING
A Resolution entitled, "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," was introduced and read by its title.
The Resolution as introduced was adopted, effective January 28, 2003.
Yes: Burfoot, Riddick, Williams, Winn, Wright and Fraim.
No: None.
PUBLIC HEARINGS
PH-1 PUBLIC HEARING scheduled this day pursuant to action of the Council on January 7, 2003, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the renewal of a lease by the Greyhound Lines, Inc.
There was no one present to speak concerning this matter.
Thereupon, an Ordinance entitled, "An Ordinance approving a lease agreement with Greyhound Lines, Inc., for 701 Monticello Avenue, a property in the City of Norfolk, " was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective February 28, 2003.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-2 PUBLIC HEARING scheduled this day pursuant to action of the Council on January 7, 2003, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the renewal of a lease by the Generic Theater of Virginia.
There was no one present to speak concerning this matter.
Thereupon, an Ordinance entitled, "An Ordinance approving a lease agreement with The Generic Theater of Virginia, d.b.a. The Generic Theater, " was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective February 28, 2003.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-3 PUBLIC HEARING scheduled this day pursuant to action of the Council on January 14, 2003, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the Capital Improvement Budget Amendment.
There was no one present to speak concerning this matter.
Thereupon, an Ordinance entitled, "An Ordinance to amend and reordain Sections 1 and 2 of the Capital Improvement Program Budget for the fiscal year 2002-2003 SO AS TO established a new project entitled "Transfer To The Debit Service Fund" in the amount of $1,600,000 for the purpose of funding debt service payments by appropriating $1,600,000 from the Capital Projects Funds," was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 28, 2003.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-4 PUBLIC HEARING scheduled this day pursuant to action of the Council on January 7, 2003, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Walgreen’s to close a portion of Colley Avenue that extends northwardly from the northern line of 21st Street to the southern line of 22nd Street.
The following persons spoke in favor of the application:
Tom Johnson, applicant, 1401 Old Brandon Avenue, Richard Levin, 610 Pembroke Avenue, Jim O’Brien, 726 Yarmouth Street, Norma Dorey, 1338 Stockley Gardens, Leslie Bage, 824 West 21st Street, and John Crumpler, 1117 Westover Avenue.
The following persons spoke in opposition of the application:
Suzanne Williams, 911 Colonial Avenue, Meda Moore, 408 Dundaff Street, Apt 206, Meredith Sabol, 1405 Claremont Avenue, Bruce Ebert, 545 Warren, Apt 5, Alexandria "Beauty" Hawley-Shire, 403 West Bute Street, Ste 2, Steve Athui, 814 West 21st Street, Renee Zarro, 941 Harrington Avenue, Barbara Murphy, 619 Graydon Avenue, Hugh Pugh, 201 West Tazewell Street, Apt 110, Eric Newcott, 1300 Stockley Gardens, Apt 202, Jay Levine, 160 Kingsley Lane, Alice Allen-Grimes, 1913 North Brandon Avenue, Alice and George Bangs, 923 Magnolia Avenue, Mark Perreault, 950 Hanover Avenue, Ronald Brown, 715 Shirley Avenue, Phil Duffy, 522 Carolina Avenue, William Stiles, 1121 Graydon Avenue, Dr. Adam Saperston, 517 Westover Avenue, Alisa Landrum, 817 Shirley Avenue, Catherine Bearov, 830 Gates Avenue, Jeannie Blassingham, 1308 Manteo Street, Dorothy Shaffer, 900 Spotswood Avenue, Apt 6B, Joel Haberli, 800 West Princess Anne Road, Michael Shaw, 4409 Newport Avenue, Melisha McCloud, 417 Van Wyck Mews, and Jon Hanbury, 741 Baldwin Avenue.
The following proponents were present, but did not speak:
Taso Emmanuelldis, 1340 North Shore Road, Ted Baker, 40 Radar Street, Lisa Chandler, 6127 Studeley Avenue,
The following opponents were present, but did not speak:
Kathy Stark, 524 Pennsylvania Avenue, Pat Chenault, 512 Fairfax Avenue, Paige Juretic, 524 Graydon Avenue, Apt 5, John Bradshaw, 413 Fairfax Avenue, Kiley Pike, 524 Graydon Ave, Apt 2, Alan Dicamillo, 413 Fairfax Avenue.
Thereupon, an Ordinance entitled, "An Ordinance closing, vacating and discontinuing a portion of Colley Avenue located between 21st Street and 22nd Street and authorizing the conveyance to abutting property owner of any interest the city may have in the underlying fee, subject to certain conditions," was introduced in writing and read by its title.
ACTION:
The Ordinance as introduced was adopted, effective February 28, 2003.Yes: Burfoot, Williams, Winn, Wright, and Fraim.
No: Riddick.
CONSENT AGENDA
C-1 Letter from the City Manager advising, in accordance with Chapter 33.1-40 of the Norfolk City Code, of a sole source procurements during the month of December 2002 for the Departments of Information Technology and Police.
ACTION: Received and filed.
Yes: Burfoot, Riddick, Williams, Winn, Wright and Fraim.
No: None.
C-2 Letter from the City Manager recommending that a public hearing be scheduled on the application of HERBERT W. HANKINS, SR., for the closing, vacating and discontinuing a portion of Foxdale Drive.
ACTION: City Clerk authorized to advertise for a public hearing on February 18, 2003.
Yes: Burfoot, Riddick, Williams, Winn, Wright and Fraim.
No: None.
C-3 Letter from the City Manager transmitting financial statements as of November 30, 2002.
ACTION: Received and filed.
Yes: Burfoot, Riddick, Williams, Winn, Wright and Fraim.
No: None.
REGULAR AGENDA
R-1 Letter from the City Manager and an Ordinance entitled, "An Ordinance permitting Beacon Light Community Housing Office, to encroach into the right of way of South Main Street and Berkley Avenue, with five dome awnings, five feet (5’) high and nine feet (9’) wide, projecting four feet six inches (4’6") over the right of way and nine feet (9’) clear of the sidewalk," was introduced in writing and read by its title.
ACTION:
The Ordinance as introduced was adopted, effective January 28, 2003.Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-2 Letter from the City Manager and an Ordinance entitled, "An Ordinance permitting Daniel E. Poston to encroach into the right of way of Bayside Avenue, a paper street, at 9721 7th Bay Street, with a set of timber steps and a 12’ by 12’ wooden observation deck," was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 28, 2003.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-3 Letter from the City Manager and an Ordinance entitled, "An Ordinance granting permission to Collins Enterprises, L.L.C. to encroach into the right of way of Tazewell Street and Duke Street with six inch (6") gravity sewers and cleanouts," was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 28, 2003.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-4 Letter from the City Manager and an Ordinance entitled, "An Ordinance to amend and reordain Section 25-293.2 of the Norfolk City Code, 1979, SO AS TO add one new subsection (g) defining recreational vehicles," was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 28, 2003.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
Letter from the City Manager and the following two Ordinances:
R-5 An Ordinance entitled, "An Ordinance to amend and reordain Section 24-291 of the Code of the City of Norfolk, Virginia, 1979, SO AS TO change the date of remittance of admissions tax from the last day of each month to the twentieth day of each month covering the amount of tax collected during the preceding month," was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 28, 2003.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-5A An Ordinance entitled, "An Ordinance to amend and reordain Section 24-239 of the Code of the City of Norfolk, Virginia, 1979, SO AS TO change the penalty for late remittance of tax on transients obtaining lodging from five (5) percent to ten (10) percent and interest thereon from six (6) percent to ten (10) percent per annum," was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 28, 2003.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-6 Letter from the City Manager and an Ordinance entitled, "An Ordinance to amend and reordain subsection (a) of Section 24-258 of the Code of the City of Norfolk, Virginia 1979, SO AS TO lower the minimum amount of the bond from $1,000.00 to $500.00 and to provide that the commissioner of the revenue shall not require a bond for new businesses at locations designated by the city council as Farmers’ Markets when the gross receipts of such new businesses are not expected to exceed $25,000.00 annually," was introduced in writing and read by its title.
ACTION: Delayed for one week (February 4, 2003).
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-7 Letter from the City Manager and an Ordinance entitled, "An Ordinance approving a license agreement with the United States of America, Department of the Navy, for the operation, maintenance and repair of the Norfolk Visitor Information Center and the Willoughby Wetlands Observation Center," was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 28, 2003.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-8 Letter from the City Manager and an Ordinance entitled, "An Ordinance amending the July 1, 2002 General Compensation Plan," was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 28, 2003.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-9 Letter from the City Manager and an Ordinance entitled, "An Ordinance authorizing the purchase of certain property commonly known as the Selden Arcade from Selden Arcade, L.L.C., approving the purchase and sale agreement, and authorizing the expenditure of the sum of $2,600,000.00 for such purpose," was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 28, 2003.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-10 Letter from the City Manager and an Ordinance entitled, "An Ordinance authorizing a 24-hour pharmacy with a drive-through on property located at 806-824 West 21st Street, " was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 28, 2003.
Yes: Burfoot, Williams, Winn, Wright, and Fraim.
No: Riddick.
R-11 Letter from the City Manager and an Ordinance entitled, "An Ordinance granting a 21st Street Pedestrian Commercial Overlay (PCO) District Development Certificate for a pharmacy at the northwest corner of Colley Avenue and 21st Street," was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 28, 2003.
Yes: Burfoot, Williams, Winn, Wright, and Fraim.
No: Riddick.
R-12 Letter from the City Manager and an Ordinance entitled, "An Ordinance approving the conveyance to the City of Norfolk by W. Edward Harmon, Jr. of a triangular-shaped parcel of property located in the Lambert’s Point Area containing approximately 1,786 square feet," was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 28, 2003.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-13 Letter from the City Assessor requesting confirmation of the appointment of Emily C. King as a Real Estate Appraiser I, effective January 13, 2003.
ACTION: Appointment Confirmed.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
NEW BUSINESS
The following person spoke in opposition to prohibiting guns in public parks:
Phillip Van Cleave, 5509 West Bay Court, Midlothian, VA, and President of the Citizen’s Defense League; Shirley Young, 330 West Brambleton Avenue, Wendy Murry, 154 Abilene Avenue, Patricia Baron, 588 Chancery Lane, Virginia Beach, VA; Wilmer Aygarn, 4606 McNutt Court, Ray Elliott, 352 El Paso Avenue, Morris Young, 330 West Brambleton Avenue, Jeff Boss, 408 Bosley Avenue, and Raymond Haring, 3860 Larchwood Drive, Virginia Beach, VA.