NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
AUGUST 28, 2007 – 7:00 P.M.
Prayer offered by Reverend Terry Beck of Hyde Park
Free Will Baptist Church, followed by the Pledge of Allegiance.
President
Fraim moved to dispense with the reading of the minutes of the previous
meeting.
Motion
adopted.
Yes: Burfoot, Hester, Riddick, Whibley, Williams,
Winn, Wright and Fraim.
No: None.
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.
The
Resolution as introduced was adopted, effective August 28, 2007.
Yes: Burfoot, Hester, Riddick, Whibley,
Williams, Winn, Wright and Fraim.
No: None.
CONSENT
AGENDA
C-1 Letter
from the City Manager presenting recommendation from the City Planning
Commission on the application of Randy Stokes, for a change of zoning
from HC-EF (East Freemason Historic and Cultural Conservation District) to
Conditional D-3 (Freemason/Granby Conservation and Mixed Use) District on
property located at 409 Bank Street.
ACTION: City Clerk authorized to advertise for a public hearing on September 18,
2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
C-2 Letter
from the City Manager presenting recommendation from the City Planning
Commission on the application of Norfolk Redevelopment and Housing Authority,
for a change of zoning from Conditional I-3 (General Industrial) District to
Conditional R-10 (Townhouse) District and Church Street Townhouse Overlay
District (CSTOD) on property located on the northeast corner of Washington
Avenue and Church Street.
ACTION: City Clerk authorized to advertise for a public hearing on September 18,
2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
C-3 Letter
from the City Manager presenting recommendation from the City Planning
Commission on the application of the City Planning Commission to amend
the Zoning Ordinance of the City of Norfolk, 1992, to amend Section 7-6 to
permit automobile repair by special exception in the I-1 (Limited Industrial)
District and the I-2 (Light Industrial) District.
ACTION: City Clerk authorized to advertise for a public hearing on September 18,
2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
C-4 Letter
from the City Manager requesting a public hearing be scheduled to hear comments
on supporting the creation of a limited access break and the modification of
the I-64 East/Northampton Boulevard Interchange to facilitate the development
of the Lake Wright East Office Park.
ACTION: City Clerk authorized to advertise for a public hearing on September 11,
2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
C-5 Letter
from the City Manager requesting a public hearing be scheduled to hear comments
on the proposed plan by the Southeastern Public Service Authority regarding the
disposal of solid waste generated or collected within the City of Norfolk.
ACTION: City Clerk authorized to advertise for a public hearing on September 18,
2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
REGULAR AGENDA
R-1 Letter from the City Manager and an
Ordinance entitled, “An Ordinance approving an agreement with the Commonwealth
of Virginia, Department of Transportation, for the Development and
Administration of the Virginia Beach Boulevard/Ballentine Boulevard
Intersection Improvements Project, and appropriating and authorizing the
expenditure of $269,000 from the Virginia Department of Transportation Revenue
Sharing Program Funds, if and when made available by the Virginia Department of
Transportation, for the preliminary engineering and construction of the
Virginia Beach Boulevard/Ballentine Boulevard Intersection Improvements Project,”
was introduced in writing and read by its title.
Daniel Montague, 4607 Krick
Street, requested Council consider providing a pool for the Sherwood Forest
Recreation Center.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-2 Letter from the City
Manager and an Ordinance entitled, “An Ordinance accepting, appropriating and
authorizing the expenditure of $5,000 in grant funds, if and when received,
from the Commonwealth’s Virginia Commission for the Arts, for distribution on a
competitive basis to local arts organizations, and appropriating an additional
$5,000 for expenditure as a local cash match,” was introduced in writing and
read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-3 Letter from the City Manager and an Ordinance
entitled, “An Ordinance permitting Christopoulos Brothers, LLC to encroach into
the right of way at 131-143 West Little
Creek Road,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-4 Letter from the City
Manager and a Resolution entitled, “A Resolution approving the exercise by
Norfolk Redevelopment and Housing Authority of powers conferred by the Virginia
Housing Authorities Law in conjunction with financing of not to exceed
$5,000,000 in bonds for the acquisition, renovation and equipping by NRHA
Grandy Village Limited Partnership of the Grandy Village Public Housing
Apartment Complex located in the City of Norfolk, Virginia,” was introduced in
writing and read by its title.
ACTION: The Resolution as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-5 Letter from the City Manager and a
Resolution entitled, “A Resolution approving the Community Services Board’s
performance contract for Fiscal Year 2007-2008,” was introduced in writing and
read by its title.
ACTION: The Resolution as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-6 Letter from the City
Manager and an Ordinance entitled, “An Ordinance accepting the dedication of a
fifteen foot utility easement by the Economic Development Authority of the City
of Norfolk and authorizing the City Manager to accept the Deed of Easement on
behalf of the City,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-7 Letter from the City
Manager and an Ordinance entitled, “An Ordinance accepting the dedication of an
ingress/egress temporary easement by Bay Oak Development, Corp., and approving
the terms of the Deed of Easement,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-8 Letter from the City Manager and an
Ordinance entitled, “An Ordinance accepting with appreciation a $8,670.00 donation
to the City from the Norfolk Foundation for the Norfolk Public Library and
appropriating and authorizing the expenditure of the funds for the purchase of
books and educational materials for the Library,” was introduced in writing and
read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-9 Letter
from the City Manager and an Ordinance entitled, “An Ordinance approving the
conveyance of a certain parcel of property located at 204 W. 32nd Street, to
the City of Norfolk by the Norfolk Redevelopment and Housing Authority,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-10 Letter from the City
Manager and an Ordinance entitled, “An Ordinance accepting and appropriating
$617,908 from the Virginia Department of Fire Programs for the
“Aid-to-Localities” Program,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-11 Letter from the
City Manager and an Ordinance entitled, “An Ordinance granting permission
to Jamestown at Freemason Harbor Condominium Association to encroach into the
right-of-way of York Street for the purpose of automobile parking in accordance
with the terms and conditions of the encroachment agreement,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-12 Letter from the
City Manager and an Ordinance entitled, “An Ordinance to amend and
reordain the Norfolk City Code, 1979, by adding a new section numbered
25-286.21 SO AS TO designate that
portion of the Broad Creek (Hope VI) community as a parking permit area,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-13 Letter from the City
Manager and an Ordinance entitled, “An Ordinance accepting $47,058.00 in Rescue
Squad Assistance grant funds from the Virginia Department of health, Office of
Emergency Medical Services and appropriating and authorizing the expenditure of
the grant funds and $47,058.00 in local matching funds to purchase equipment
for the Department of Fire-Rescue,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-14 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Special Exception to permit the sale of alcoholic beverages for off-premises
consumption on property located at 7516
Granby Street,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-15 Letter from the City
Manager and an Ordinance entitled, “An Ordinance granting a Special Exception
to operate an entertainment establishment on property located at 4600 Village Avenue,” was introduced in
writing and read by its title.
Jermaine
Anderson, 4600 Village Avenue, was present to answer questions.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: Hester.
R-16 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Special Exception to permit operation of an electronic changeable copy sign on
property located at 6203 East Virginia
Beach Boulevard,” was introduced in writing and read by its title.
Larry
Leist, 125 Hillside Drive, Greenville, South Carolina, was present on behalf of
this matter.
ACTION: The Ordinance as introduced was LOST.
Yes: None.
No: Burfoot, Hester, Riddick, Whibley, Williams,
Winn, Wright and Fraim.
R-17 Letter from the City
Manager and an Ordinance entitled, “An Ordinance granting a Special Exception
to permit the operation of an eating and drinking establishment on property
located at 7920 Chesapeake Boulevard,
Suite A,” was introduced in writing and read by its title.
Roque
Segovia, 7920 Chesapeake Boulevard, was present on behalf of this matter.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-18 Letter
from the City Manager and an Ordinance entitled, “An Ordinance approving
the terms and conditions of a Portability of Service Agreement between the City
of Norfolk and the City of Richmond for retirement system service portability
and authorizing the execution and implementation of the agreement,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-18A Letter from the
City Manager and an Ordinance entitled, “An Ordinance approving the terms
and conditions of a portability of service agreement between the City of
Norfolk and the City of Newport News for retirement system portability and authorizing the
execution and implementation of the agreement,” was introduced in writing and
read by its title.
Michael
Levy, 222 Central Park Avenue, Ste. 2000, Virginia Beach, was present on behalf
of this matter.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-19 Letter from the City
Manager and an Ordinance entitled, “An Ordinance granting a special exception
to permit the operation of a car wash on property located at 1200 North Military Highway,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-20 Letter from the City
Manager and an Ordinance entitled, “An Ordinance accepting two grants of up to
$18,200.82 and $16,255.20 from the Schools and Libraries Division of the
Universal Service Administrative Company and appropriating and authorizing the
expenditure of the funds for telecommunications and technology services for the
Norfolk Public Library,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-21 Letter
from the City Manager and a Resolution entitled, “A Resolution appointing
two (2) persons to one (1) Board for a certain term,” was introduced in writing
and read by its title.
ACTION: The Resolution as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-22 A Resolution entitled,
“A Resolution reappointing two (2) persons to one (1) Board for a certain term,”
was introduced in writing and read by its title.
ACTION: The Resolution as introduced was adopted, effective August 28, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
NEW BUSINESS
1.
Dan Moore, 36 Kenwood
Drive, Hampton, commented about harassment by the Norfolk Police Department on
July 6 and July 29, 2007. He also
requested that the City Attorney respond to information he requested under the
Freedom of Information Act.
2.
Glen Jones, 2501 Kenon
Avenue, commented about gang activity in Norfolk and offered a plan to
eliminate this activity.
3.
Alphus Glenn, 533 Maryland
Avenue, questioned why homeless persons who have committed felonies cannot
receive food stamps.
4.
Bilal Muhammad, 3127
Bapaume Avenue, expressed concern about police harassment.
5.
Mattie Mullen, 859 W. 41st
Street, discussed initiatives involving children in the community.
6.
Alton Robinson, 735 W. 35th
Street, submitted photos showing incidents of police harassment and expressed
concern about same.
7.
Deshaun Howard, 2905
Warwick Avenue, asked Council to address broken streets and sidewalks in Park
Place.
8.
Linetta Crandle, 2801
Somme Avenue, commented about police harassment, citing an incident involving
her son.
9.
The following persons
spoke concerning police harassment of law abiding citizens carrying weapons in
compliance with Section 15.2-915 of the State Code:
10. Philip Van Cleave, 5509 West Bay Court, Midlothian, VA;
David Vann, 1940 Burtfoot Street, Falls Church, VA; Brian Sneed, 5509 Elam
Avenue, Virginia Beach; Dennis O’Connor, 181 N. Main Street, Suffolk; Ron
Lilly, 726 Kepper Drive, Newport News; Debra and Chet Sezymecki, 103 Brigade
Drive, Yorktown.
Mr. Van Cleave commented he has also requested
information under the Freedom of Information but has not heard from the City
Attorney’s Office.