NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, SEPTEMBER 18, 2007 – 2:30 P.M.

 

                   Prayer offered by Councilwoman Daun S. Hester, 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.

 

 

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.

 

       The Resolution as introduced was adopted, effective September 18, 2007.

 

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

 

No:    None.         

 

 

 

 

 

 

 

 

 

 

      INVITATION TO BID

                               

                INVITATION TO BID scheduled this day, under State law, public notice having been inserted in the local press by the City Clerk to accept bids to Lease certain City property on the Elizabeth River, at the Otter Berth, on the West Bulkhead (“Property”), on Waterside Drive. 

 

A letter from the Spirit of Norfolk, offering a bid was submitted by the City Clerk.

 

                   ACTION:  Bid closed and offer received.

 

 

PUBLIC HEARINGS

 

PH-1                                                   PUBLIC HEARING scheduled this day pursuant to action of the Council on August 28, 2007, under the State law, public notice having been inserted in the local press by the City Clerk 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.

 

Anthony Thiel, 1800 Bank of America Center, the attorney for SPSA, was present to answer questions.

 

Daniel Montague, 4605 Krick Street, expressed opposition to this matter.

 

Thereupon, an Ordinance entitled, “An Ordinance to amend Sections 41-15 and 41-23 of the Norfolk City Code, 1979  SO AS TO require disposal of all solid municipal waste collected in the City of Norfolk at facilities of the Southeastern Public Service Authority (SPSA) or other facilities authorized by state law,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 1, 2008.

 

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

 

                   No:    None.

 


 

 

 

PH-2                                          PUBLIC HEARING scheduled this day pursuant to action of the Council on August 28, 2007, under the State law, public notice having been inserted in the local press by the City Clerk 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.

 

Randy Stokes, 1501 Powhatan Avenue, was present to answer questions.

 

Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 409 Bank Street from HC-EF (East Freemason Historic Conservation) to D-3 (Downtown Mixed Use),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 2007.

 

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

 

                   No:    None.

 

PH-3                                     PUBLIC HEARING scheduled this day pursuant to action of the Council on August 28, 2007, under the State law, public notice having been inserted in the local press by the City Clerk 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.

 

Steve Morales, NRHA, was present to answer questions.

 

Thereupon, an Ordinance entitled, “An Ordinance to rezone property located on the east side of Church Street between Washington Avenue and Lexington Street from Conditional I-3 (General Industrial) to R-10 (Townhouse Residential) and Church Street Townhouse Overlay District (CSTOD),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 2007.

 

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

 

No:    None.

 

 

 

PH-4                                     PUBLIC HEARING scheduled this day pursuant to action of the Council on August 28, 2007, under the State law, public notice having been inserted in the local press by the City Clerk 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.

 

No one was present to speak concerning this matter.

 

Thereupon, an Ordinance entitled, “An Ordinance to amend Table 7-6 of the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO permit automobile and truck repair in the I-1 (Limited Industrial) and I-2 (Light Industrial) Districts by special exception),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 2007.

 

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

 

No:    None.

 

CONSENT AGENDA

 

C-1                                 Letter from the City Manager transmitting the Statement of Legal Debt Margin and the Statement of Bonds Authorized and Unissued as of June 30, 2007.

 

ACTION:   Received and filed.

 

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

 

No:    None.

 

C-2                                 Letter from the City Manager requesting a public hearing be held to hear comments on the issuance of the City’s Wastewater System Revenue Bond to secure a loan from Virginia’s Wastewater Revolving Loan Funds.

 

 ACTION: City Clerk authorized to advertise for a public hearing on October 9, 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 granting a Special Exception to permit development on a nonstandard-width residential lot on property located at 904 Joyce Street,” was introduced in writing and read by its title.

                  

                   Timothy Dixon, 910 Joyce Street, expressed opposition to this matter.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 2007.

 

Yes:     Hester, Whibley, Williams, Winn, Wright and Fraim.

 

No:    Burfoot and Riddick.

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the acceptance of a Veterans’ Employment and Training Services Grant Award of $7,000.00 from U.S. Department of Labor for Project Homeless Connect Event,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 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 to amend and reordain Section 6.1-13 of the Norfolk City Code, 1979, SO AS TO exempt bird feeders from the prohibition on feeding wildlife,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 2007.

 

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

 

No:    None.


 

 

 

 

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development of a nonstandard-width residential parcel on property located at 1340 Bolton Street,” was introduced in writing and read by its title.

 

Marvin Ricks, 8204 Woodland Circle, Suffolk, the applicant, was present to answer questions.

 

The following person appeared in opposition to this matter but did not speak.

 

Sherron and Angelo Taylor, 1344 Bolton Street, Joan and Eugene  Davis, 1346 Bolton Street and Clarence Whitehurst, 1328 Bolton Street.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 2007.

 

Yes:     Hester, Whibley, Williams, Winn and Fraim.

 

No:    Burfoot, Riddick and Wright

 

R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development of a nonstandard-width residential parcel on the west side of an easement located  north of Goff Street along the former Barraud Avenue,” was introduced in writing and read by its title.

                  

                   Sherron and Angelo Taylor, 1344 Bolton Street, appeared in opposition to this matter but did not speak.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 2007.

 

Yes:     Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.

 

No:    Burfoot.


 

 

 

R-6                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development of a nonstandard-width residential parcel on property located at 3601 Colonial Avenue,” was introduced in writing and read by its title.

 

                   Dennis Heuneman, 3129 Amador Drive, Virginia Beach, was present to answer questions.

 

Welma Inge, 3603 Colonial Ave, appeared in opposition to this matter but did not speak.

 

ACTION:   Continued to October 23, 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 approving the conveyance to the City of Norfolk by Norfolk Redevelopment and Housing Authority of a certain parcel of property described as Parcel 22, as shown on the plat entitled, “Ghent Square, Subdivision of a Portion of Plat of Botetourt – Section 1 & Section 2,  Property of Norfolk Redevelopment and Housing Authority,” and authorizing the City Manager to accept the deed  on behalf of the City,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 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 the dedication of a perpetual and exclusive drainage easement to the City of Norfolk by Freeman Homes, Inc.,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 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 appropriating and authorizing the expenditure of $78,239.00 in total interest earnings from grant funds in Special Revenue Accounts 20-7191-FY03, SR-20-7191-FY04, SR-20-7191-FY05, SR-20-7191FY06 and SR-20-7191-FY07 from funding received 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 September 18, 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 dedicating certain city-owned property located adjacent to Brambleton Avenue to public use for the purpose of widening Brambleton Avenue,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 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 accepting a grant award of up to $37,000.00 from the Department of Criminal Justice Services Law Enforcement Terrorism Prevention Program Grant, appropriating and authorizing the expenditure of the grant funds to purchase equipment for the Norfolk Police Department’s Computer Evidence Recovery and Tactical Water Operations effort,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 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 accepting grant funds in the amount of $162,576.13 from the Virginia Department of Health, Office of Emergency Medical Services and appropriating and authorizing the expenditure of the funds for the “Four  For Life” Program,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 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 approving an Agreement with the Commonwealth of Virginia, Department of Transportation, relating to the Norview Avenue/Azalea Garden Road Intersection Improvement Project, and authorizing the expenditure of the sum of $800.00 for such purposes from funds heretofore appropriated in the Capital Improvement Projects Budget,” was introduced in writing and read by its title.

 

Gary Dubour, 1433 Kingston Avenue, appeared in opposition to this matter but did not speak.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 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 to amend Section 25.2-177 of the Norfolk City Code, 1979, SO AS TO conform with the state code by adding a new subsection (D),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 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 to repeal Sections 4-14, 25.2-41, 47-1, 47-4, 47-5, 47-6, 47-7 and to amend and reordain subsection (5) of Section 46.1-50 of the Norfolk City Code, 1979, Governing Regulations of Firearms,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 2007.

 

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

 

No:    None.

 

R-16                               Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the lease of certain property owned by the City of Norfolk, located at 204 Main Street for a period up to ten years with an additional ten year renewal option, upon certain conditions, and authorizing the City Manager to negotiate and execute a Lease Agreement on behalf of the City,” was introduced in writing and read by its title.

 

ACTION:   Withdrawn.

 

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

 

No:    None.

 

R-17                               Letter from the City Manager and an Ordinance entitled, “An Ordinance to change the starting time of the regular weekly City Council meeting scheduled for Tuesday, September 25, 2007, at 7:00 P.M. to September 24, 2007 at 9:00 A.M. and to move the location of said meeting,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 18, 2007.

 

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

 

No:    None.

 

 

 

 

 

 

 

 

 

 

 

 

NEW BUSINESS

 

 

1.      Ross Reeves, 1068 Algonquin Road, commented on the truck traffic on Hampton Boulevard.