NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, OCTOBER 23, 2007 – 7:00 P.M.

 

                    Prayer offered by Reverend Kathleen Monge, Miles Memorial United Methodist 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.

 

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 October 23, 2007.

 

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

 

No:    None.

 

CEREMONIAL MATTER

 

President Fraim read a proclamation proclaiming the week of October 22-26 as Red Ribbon Week.  Keith Fentress and Rick Peterson accepted the proclamation.   

 

The Hampton Roads Council of Veterans Organization presented President Fraim with a proclamation promoting Veterans Day on November 12, 2007.   

 

 

 

 

PUBLIC HEARINGS

 

PH-1                                                PUBLIC HEARING scheduled this day pursuant to action of the Council on October 2, 2007, under the State law, public notice having been inserted in the local press by the City on the application of the City of Norfolk to close, vacate and discontinue a portion of Caldwell Avenue and Camden Avenue. 

 

                                        Thereupon, an Ordinance entitled, “An Ordinance to close, vacate and discontinue a portion of Camden Avenue,” was introduced in writing and read by its title.

 

ACTION:    The Ordinance as introduced was adopted, effective October 23, 2007.

 

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

 

                    No:    None.

 

PH-1A                             An Ordinance entitled “An Ordinance to close, vacate and discontinue a portion of Caldwell Avenue,” was introduced in writing and read by its title.

 

ACTION:    The Ordinance as introduced was adopted, effective October 23, 2007.

 

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 October 9, 2007, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the sale of a portion of a City owned parcel of land known as Parcel C-1 located off Sewells Point Road to Little Tidewater Associates, LLC.

 

                    Don Smith, 500 Central Drive, Suite 106, Virginia Beach, was present to answer questions.

 

                    Thereupon, an Ordinance entitled, “An Ordinance authorizing the sale of a certain parcel of property described as a portion of parcel c-1 located on Central Business Park Drive to Little Tidewater Associates, LLC, for the sum of $26,900.00, and authorizing the City Manager to negotiate and execute an agreement in substantial conformity with the terms and conditions

 

of that attached Purchase and Sale Agreement,” was introduced in writing and read by its title.

 

ACTION:    The Ordinance as introduced was adopted, effective October 23, 2007.

 

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

 

                    No:    None.

CONSENT AGENDA

 

C-1                                   Letter from the City Manager presenting recommendation of the City Planning Commission on the application of the City of Norfolk to exchange land between Old Dominion Real Estate Foundation and the City of Norfolk.

 

ACTION:    City Clerk authorized to advertise for a public hearing on November 6, 2007.

 

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

 

No:    None.

 

REGULAR AGENDA

                   

R-1                                   Matter of a 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.

                                         (Passed by at the meeting of September 18, 2007)

 

                    Robert and Brooke Heuneman, 3601 Colonial Avenue, were present to answer questions. 

                             

ACTION:    Continued to November 20, 2007.

 

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

 

No:    None.

 

R-2                                   Matter of a letter from the City Manager and an Ordinance entitled, “An Ordinance amending and reordaining the Code of the City of Norfolk, 1979, SO AS TO add one new section, restricting commercial truck traffic on certain streets at certain times,” will be introduced in writing and read by its title.

                                        (Passed by at the meeting of October 2, 2007)

 

                   

 

                    The following persons spoke in favor of this matter:  Fred Bashara, 6048 Eastwood Terrace; Ross Reeves, 1068 Algonquin Road; Cameron Poynter, 6172 Rolfe Avenue; Karen Newbern, 1705 Lafayette Boulevard; Adam Samson, 1026 W. 43rd Street; Andrew Curtis, 1025 W. 43rd Street; David White, 508 Carlisle Way; Art Moye; 236 E. Plume Street and Craige Johnson, 3300 E. Princess Anne Road. 

 

                    The following persons spoke in opposition to this matter:  Sandra Field, 955 Shillelagh Road; Jordan Pugh 1818 Monticello Avenue, Joe Cook, 1147 Surry Crescent and Herbert Ferguson, 2415 E. Washington Street, Suffolk. 

 

ACTION:    The Ordinance introduced was adopted, effective November 15, 2007.

 

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

 

No:    Whibley.

 

R-3                                   Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the purchase from Tire Centers, Inc., of certain parcel of property located at 1418 Ballentine Boulevard in the City of Norfolk for the sum of $650,000.00; authorizing the City Manager to negotiate an agreement in substantial conformity with the terms and conditions of the attached Purchase and Sale Agreement; and authorizing the expenditure of the sum of $665,000.00 from funds heretofore appropriated to pay the purchase price and other transaction costs,” was introduced in writing and read by its title.

 

ACTION:    The Ordinance as introduced was adopted, effective October 23, 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 to allow the submission of certain rezoning applications without the payment of fees,” was introduced in writing and read by its title.

                   

ACTION:    The Ordinance as introduced was adopted, effective October 23, 2007.

 

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

 

No:    None.

 

 

R-5                                   Letter from the City Manager and an Ordinance entitled, “An Ordinance amending the 2007-2008 Approved City Operating Budget SO AS TO accept, appropriate and authorize the expenditure of $142,746.00 from the Commonwealth of Virginia as reimbursement for city street maintenance projects,” was introduced in writing and read by its title.

                                            

ACTION:    The Ordinance as introduced was adopted, effective October 23, 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 authorizing the purchase from Ellen Hines, Vernon F. Williams, III and Jeffrey D. Williams, Administrators of the Estate of Vernon F. Williams, Jr., of certain property located in the City of Norfolk and commonly known as S S Fremont Street for the sum of $15,500.00; authorizing the City Manager to negotiate an agreement in substantial conformity with the terms and conditions of the attached Purchase and Sale Agreement; and appropriating and authorizing the expenditure of the sum of $20,500.00 to pay the purchase price and other transaction costs,” was introduced in writing and read by its title.

                                            

ACTION:    The Ordinance as introduced was adopted, effective 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 granting a Special Exception to permit the operation of an eating and drinking establishment on property located at 4249 East Little Creek Road, Unit 3,” was introduced in writing and read by its title.

 

                    Marcia Thornes, 7710 Parktown Road, spoke regarding this matter.

         

ACTION:    The Ordinance as introduced was adopted, effective October 23, 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 granting a Special Exception to permit the operation of an entertainment establishment on property located at 930 North Military Highway,” was introduced in writing and read by its title.

 

ACTION:    The Ordinance as introduced was adopted, effective October 23, 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 designating a portion of Brest Avenue as Bishop Herman Clark, Sr., Way,” was introduced in writing and read by its title.

 

                    Reverend Calvin Durham, 3433 Boyce Court and Helen Clark, 700 Oxbow Drive, Virginia Beach, spoke in favor of this matter.

 

ACTION:    The Ordinance as introduced was adopted, effective October 23, 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 to amend and reordain Chapter 39.5 of the Code of the City of Norfolk, Virginia 1979, SO AS TO expand the types of establishments in which smoking is prohibited,”  was introduced in writing and read by its title.

                   

                    The following persons spoke in favor of this matter:  Pamela Floyd, 3868 Chatham Circle; Dan Neumann, M.D., 1335 Armistead Bridge Road; Fletcher Pierce, M.D., 5101 Studeley Avenue; Eric Lowe, M.D., 1320 Graydon Avenue; Leonard Weireter, M.D., 1051 Gates Avenue; Dan Montague, 4605 Krick Street; David Englert, 239 Duke Street, #307; Alton Robinson, 735 W. 35th Street and Joe Cook, 1147 Surry Crescent.

 

                    The following persons spoke in opposition to this matter:  Baxter Simmons, Jr., 500 Granby Street; Baxter Simmons, Sr., 500 Granby Street; Kevin Blair, 830 Baldwin Avenue and Rhett Ransdell, 9618 17th Bay Street. 

 

ACTION:    The Ordinance as introduced was adopted, effective March 31, 2008.

 

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

 

No:    Riddick.

 

 

 

R-11                                 Letter from the City Manager and a Resolution entitled, “A Resolution requesting the City’s local Delegation to the General Assembly to work with the City of Virginia Beach’s Delegation to the General Assembly to draft or support legislation regarding smoking in restaurants,” was introduced in writing and read by its title.

 

ACTION:    The Resolution as introduced was adopted, effective October 23, 2007.

 

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

 

No:      Riddick.

 

NEW BUSINESS

 

1.     Natoshia James, 906 Phillpots Road; Katrina Otey, 1318 Corprew Avenue; James Parker, 420 Middlesex Street and Aldred McGlone, 1309 Corprew Avenue, commented on the need for a practice field for the Broad Creek Rams. 

2.     Garnzie West, 928 Widgeon Road, requested that trucks not be allowed on Widgeon and Phillpots Roads. 

3.     Glen Jones, 2501 Kenon Avenue, commented about gang activity in Coleman Place and offered a plan to eliminate this activity.

4.     Shaquita Jones, 2614 Westminster Avenue; Larry Faulks, 5446 Sweetwater Court, Virginia Beach; Phillip Hawkins, 3597 Mississippi Avenue and Tatesha Hopkins, 8333 Pine Harbor Drive, asked Council for a new Ingleside Recreation Center.

5.     Aleysha Green, 6949 Bonnot Drive, commented on the LEGIT progam.

6.     Terry Kelly, 1909 Marcia Court, Virginia Beach, spoke about Youth Development within the City.