NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, FEBRUARY 14, 2006 – 2:30 P.M.

 

Prayer offered by Pastor John Moxley, Azalea Baptist Church, followed by the Pledge of Allegiance.

 

President Fraim moved to excuse Mr. Winn for his absence from today’s meeting.  Mr. Riddick arrived at 2:35 p.m.

 

                   Motion adopted.

 

                   Yes:   Burfoot, Hester, Williams, Wright, and Fraim.

 

                   No:   None.

 

President Fraim moved to dispense with the reading of the minutes of the previous meeting.

 

                   Motion adopted.

 

                   Yes:   Burfoot, Hester, Williams, 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 in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective February 14, 2006.

 

Yes:   Burfoot, Hester, Williams, Wright and Fraim.

 

No:   None.

 

PUBLIC HEARING

 

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on January 24, 2006, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Metro Machine Corporation to close, vacate, and discontinue a portion of Ligon Street.

 

                   Nathaniel Tyler, attorney, was present to answer questions.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to close, vacate and discontinue a portion of Ligon Street, together with the adjoining semicircular perpetual easement,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 14, 2006.

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:   None.        

 

PH-1A                            PUBLIC HEARING scheduled this day pursuant to action of the Council on January 24, 2006, under the State law, public notice having been inserted in the local press by the City Clerk for the release of a 15’ drainage easement, that parcel labeled “CL 15’ Drainage Easement (D.B. 1922, P. 157) to Metro Machine Corporation.

 

                                      An Ordinance entitled, “An Ordinance approving the release of a certain 15’ drainage easement to Metro Machine Corporation, or its successor or assign; authorizing the City Manager to execute a deed or release; and accepting the dedication of a new perpetual, non-exclusive 15’ drainage easement by Metro Machine Corporation to the City of Norfolk,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 14, 2006.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:   None.        

 

 

 

PH-1B                            An Ordinance entitled, “An Ordinance accepting the dedication by Metro Machine Corporation of a temporary utility easement over a portion of the former right of way of Ligon Street.,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 14, 2006.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:             None.        

 

PH-2                              PUBLIC HEARING scheduled this day pursuant to action of the Council on January 24, 2006, under the State law, public notice having been inserted in the local press by the City Clerk on the application of the City of Norfolk to amend and reordain Sections 2-3, 25-10, and Table 6-5 of the Zoning Ordinance of the City of Norfolk, 1992, to permit tattoo parlors in the C-2 (Corridor Commercial) by Special Exception.

 

ACTION:   Continued generally.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:             None.        

 

PH-3                              PUBLIC HEARING scheduled this day under the State law, public notice having been inserted in the local press by the City Clerk on the application of Sentara Healthcare to close, vacate, and discontinue a portion of Gresham Drive.

 

                   Vincent Mastracco, 150 West Main Street, was present to answer questions.

 

 

 

 

 

 

 

 

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to close, vacate and discontinue a portion of Gresham Drive, to authorize the vacation of easements dedicated to the City, and to authorize the conveyance of any interest in the vacated right-of-way, by quitclaim deed, to Sentara Health Systems,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 14, 2006.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:   None.        

 

PH-3B                            An Ordinance entitled, “An Ordinance accepting the dedication of an access easement and a utility easement by Sentara Health Systems, and approving the terms of the deed of dedication,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 14, 2006.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:             None.        

 

PH-4                              PUBLIC HEARING scheduled this day under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the issuance and sale of up to $11,500,000 in General Obligation Bonds by the City of Norfolk to finance wastewater system capital improvements.

 

                   No one was present to speak concerning this matter.

 

 

 

 

 

 

 

 

                                      Thereupon, an Ordinance entitled, “An Ordinance authorizing the issuance and sale of up to $11,500,000 in General Obligation Bonds by the City of Norfolk to finance Wastewater System Capital Improvements,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 14, 2006.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:   None.        

 

PH-5                              PUBLIC HEARING scheduled this day under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the sale of property bounded by Pritchard Street to the west, South Cape Henry Avenue to the north and Lake Wright Golf Course to the south.

 

                   Ellis James, 2021 Kenlake Place, asked for assurance that there will be no danger to the drainage system at Lake Whitehurst.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance approving an agreement for the sale of, and specifying the development thereon of certain city-owned property bounded by Pritchard Street to the west, South Cape Henry Avenue to the north and Lake Wright Golf Course to the south and east in Norfolk, Virginia, consisting of approximately 11 acres, more or less, and authorizing the conveyance of the property and the terms thereto,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 17, 2006.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:   None.        

 

 

 

 

 

CONSENT AGENDA

 

C-1                                 Letter from the City Manager requesting a public hearing be scheduled to hear comments on the sale of the Lake Smith Fishing Station to the City of Virginia Beach.

         

ACTION:   City Clerk authorized to advertise for a public hearing on February 28,                     2006.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:   None.        

 

REGULAR AGENDA

 

R-1                                 Matter of a letter from the City Manager and a Resolution entitled, “A Resolution approving the exercise by the Economic Development Authority of the City of Norfolk of powers conferred by the Industrial Development and Revenue Bond Act and Ordinance Nos. 26,565, 27524, and 40,357 of the Council of the City of Norfolk, Virginia, in conjunction with the issuance for BBL ODU, LLC, a New York limited liability company, of not to exceed $12,000,000 of the Authority’s new empowerment zone facility revenue bonds to finance (1) a portion of the costs of a 110-room SpringHill Suites by Marriott, to be located at the northeast corner of Hampton Boulevard and 45th Street in the City of Norfolk, Virginia; (2) reserve funds for debt service and ground rent and (3) a portion of the costs of issuing the new empowerment zone facility revenue bonds, and designating such bonds as new empowerment zone facility bonds for purposes of Section 1394 (f)(2)(A) of the Internal Revenue Code of 1986, as amended,” was  introduced in writing and read by its title

                             (Passed by at the meeting of February 7, 2006.)

 

                   Julie Addie, 4401 Powhatan Avenue, and William Nusbaum, attorney, were present to answer questions. 

 

ACTION:   The Resolution as introduced was adopted, effective February 14, 2006.

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:   None.        

 

 

 

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the Director of Finance to credit various accounts of the Department of Utilities in total amount of $571,349.66 SO AS TO reflect uncollectible balances for Fiscal Year 2002,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 14, 2006.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:   None.        

 

R-3                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain Section 24-26 of the Norfolk City Code, 1979, SO AS TO change the maximum allowable number of pawn shops,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 14, 2006.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:   None.        

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the acceptance of a grant award of $45,706.00 from the Commonwealth of Virginia, Department of Criminal Justice Services, for the Alternatives to Detention Program and appropriating the grant funds,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 14, 2006.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:   None.        

 

 

 

 

R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to operate a commercial drive-through facility on property located at 537-539 West 21st Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 14, 2006.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:   None.        

                  

R-6                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Selden Arcade Associates, LLC, to encroach onto the Main Street Garage with a chiller, a boiler house and their ancillary equipment,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 14, 2006.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:   None.        

 

R-7                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to repeal Section 29-64 and to amend and reordain the Norfolk City Code, 1979, by adding one new chapter numbered 43.1 pertaining to tattoo parlors to provide regulations governing the operation of tattoo parlors,” was introduced in writing and read by its title.

 

ACTION:   Continued generally.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright and Fraim.

 

No:   None.        

 

NEW BUSINESS

 

Fred Gallup, 2432 Wyoming Avenue, addressed concerns regarding relocation of the Second Precinct and salaries for police officers.