NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, MARCH 18, 2008 – 2:30 P.M.

 

                   Prayer offered by Councilman Paul R. Riddick, 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.

 

PUBLIC HEARINGS

                                                               

PH-1                                                   PUBLIC HEARING scheduled this day pursuant to action of the Council on February 26, 2008, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on a request by ForKids, Inc., a 501(c) 3 charitable organization, for exemption from real property taxes for fourteen (14) properties. 

 

Thaler McCormick, 1411 Ashland Circle, was present on behalf of this matter.

 

                   Thereupon, an Ordinance entitled, “An Ordinance granting an exemption from real estate taxes for real property of ForKids, Inc.,” was introduced in writing and read by its title.

                  

ACTION:   The Ordinance as introduced was adopted, effective March 18, 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 February 26, 2008, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the request by Chrysler Museum, Inc., a 501(c) 3 charitable organization, for exemption from real property taxes for property located at 745 Duke Street.

 

Dana Fuqua, 1353 Magnolia Avenue, was present on behalf of this matter.

 

                   Thereupon, an Ordinance entitled, “An Ordinance granting an exemption from real estate taxes for real property of the Chrysler Museum, Inc. located at 745 Duke Street” was introduced in writing and read by its title.

                  

ACTION:   The Ordinance as introduced was adopted, effective March 18, 2008.

 

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 February 26, 2008, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on a request by Habitat for Humanity, Inc., a 501(c) 3 charitable organization, for exemption from real property taxes for two buildings located at 900 Tidewater Drive.

 

Neal Windley, 900 Tidewater Drive, was present on behalf of this matter.

 

                   Thereupon, an Ordinance entitled, “An Ordinance granting an exemption from real estate taxes for two parcels of real property of Habitat for Humanity, Inc. located at 900 Tidewater Drive,” was introduced in writing and read by its title.

                  

ACTION:   The Ordinance as introduced was adopted, effective March 18, 2008.

 

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 February 26, 2008, 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 to close, vacate, and discontinue a portion of Pleasant Avenue at 30th Bay Street.

 

                   Thereupon, an Ordinance entitled, “An Ordinance closing, vacating and discontinuing a portion of Pleasant Avenue at 30th Bay Street,” was introduced in writing and read by its title.

                  

ACTION:   The Ordinance as introduced was adopted, effective March 18, 2008.

 

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 Franciscus Homes, to amend The General Plan of Norfolk, 1992, from Low Density Residential to Medium Residential and for a change of zoning from R-7 (One-Family) District to Conditional R-11 (Moderate Density Multiple Family) and for a Special Exception to allow more than six units on property located at the southeast corner of Kempsville Road and Cornick Road.

 

ACTION:   City Clerk authorized to advertise for a public hearing on April 15, 2008.

 

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

 

                   No:    None.

 

C-2                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of the City of Norfolk, to amend The General Plan of Norfolk, 1992, from Low Density Residential and Medium Density Residential to Mixed use, to amend the Zoning Ordinance of the City of Norfolk, 1992, as amended to allow mixed use in the PDBCR (Broad Creek Village Planned Development) District and to create the regulations thereof on property located on the northwest corner of East Virginia Beach Boulevard and Godfrey Avenue, and for the closing, vacating and discontinuing of a portion of Parish Road.

 

ACTION:   City Clerk authorized to advertise for a public hearing on April 8, 2008.

 

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

 

                   No:    None.

 

C-3                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of Calvary Revival Church to amend the Zoning Ordinance of the City of Norfolk, 1992, to create the Calvary Revival Church Localized Alternative Sign Overlay District, and to apply the Calvary Revival Church Localized Alternative Sign Overlay District on property located at 5833 Poplar Hall Drive.

 

ACTION:   City Clerk authorized to advertise for a public hearing on April 8, 2008.

 

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

 

                   No:    None.

 

C-4                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of Norfolk Collegiate School to amend The General Plan of Norfolk, 1992, from Medium Density Residential to Institutional and a change of zoning from C-2 (Corridor Commercial) to IN-1 (Institutional) on property located at 7312-7316 Granby Street.

 

ACTION:   City Clerk authorized to advertise for a public hearing on April 8, 2008.

 

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

 

                   No:    None.

 

 

 

 

 

 

C-5                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of the City Planning Commission to amend the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO amend Sections 16-3, 16-4, 16-6.21, and 16-6.22 to change the meaning of the terms “electronic changeable copy sign,” public service message board,” and “public service sign or device” and to permit the use of public service message boards in the IN-1 (Institutional) District.

 

ACTION:   City Clerk authorized to advertise for a public hearing on April 8, 2008.

 

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

 

                   No:    None.

 

C-6                                 Letter from the City Manager requesting a public hearing be scheduled to hear comments on a lease agreement with Atlantic Asset Management Group, Inc. for use of property at 1195 Lance Road by the Department of Public Works for the relocation and operation of its towing facility.

 

ACTION:   See Item R-9.

 

C-7                                 Letter from the City Clerk transmitting an Abstract of Votes cast in the City of Norfolk at the Dual Primary Presidential Election on February 12, 2008, pursuant to Section 24.2-675 of the Code of Virginia.

 

ACTION:   Received and filed.

 

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

 

                   No:    None.

 

 

 

 

 

 

 

 

 

C-8                                 Letter from the City Clerk presenting the request for use of the Mace and Police Honor Guard for the 55th International Azalea Festival for the Queen’s Coronation and the “Parade of Nations” to be held on Friday, April 18 at Norfolk Botanical Gardens and Saturday, April 19 in Downtown Norfolk.

 

ACTION:   Approved use of Mace and Police Honor Guard.

 

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 to repeal Subsections (5), (47.5) and (127) of Section 25-653, Subsections (240) and (105.1) of Section 25-654, amend and reordain Sections 25-653, SO AS TO add one Yield Sign, and 25-654 SO AS TO add twenty five Stop Signs, of the Norfolk City Code, 1979,” was introduced in writing and read by its title.

                  

ACTION:   The Ordinance as introduced was adopted, effective March 18, 2008.

 

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 to amend and reordain Sections 25-651 SO AS TO add one U-turn prohibited sign, and 25-654 SO AS TO add seventeen Stop Signs, of the Norfolk City Code, 1979,” was introduced in writing and read by its title.

                  

ACTION:   The Ordinance as introduced was adopted, effective March 18, 2008.

 

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 Cavalier Land to encroach into the right of way of Colley Avenue at 1611-A Colley Avenue, a maximum of 25” with a 16” x 11’3” sign,” was introduced in writing and read by its title.

                  

ACTION:   The Ordinance as introduced was adopted, effective March 18, 2008.

 

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 amend and reordain the Operating Budget for Fiscal Year 2007-2008 to add $162,045 to the budget, to amend and reordain Section 1 of Ordinance No. 42,662 (Operating Budget Ordinance for Fiscal Year 2007-2008) SO AS TO appropriate and authorize the expenditure of funds in the additional amount of $162,045 from the Golf Fund Balance and to authorize the expenditure of such funds for certain Capital Improvements at Ocean View Golf Course,” was introduced in writing and read by its title.

         

Daniel E. Montague, 4605 Krick Street, supported this application and commented about his request for a swimming pool for the Sherwood Forest Recreation Center.

         

ACTION:   The Ordinance as introduced was adopted, effective March 18, 2008.

 

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 granting a Special Exception to permit the operation of an eating and drinking establishment on property located at 1108 East Little Creek Road,” was introduced in writing and read by its title.   

                  

ACTION:   The Ordinance as introduced was adopted, effective March 18, 2008.

 

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 City Manager to negotiate an agreement in substantial conformity with the terms and conditions of the attached purchase and sale agreement, for the purpose of purchasing certain parcels of real property known as 1210 West Little Creek Road and 1227-1229 West Little Creek Road, in the City of Norfolk, authorizing the purchase of said property, and authorizing the expenditure of a sum of up to $960,000.00 for such purpose and $10,000 for closing costs, from funds heretofore appropriated,” was introduced in writing and read by its title.

                  

ACTION:   The Ordinance as introduced was adopted, effective March 18, 2008.

 

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 an agreement between the Commonwealth of Virginia, Department of Transportation and the City of Norfolk, relating to the Sound Wall Project – Phase II:  Project NW00-122-101, P102, C502, B607, UPC 79658 and authorizing the expenditure of the sum of $5,210,933.00 from funds heretofore appropriated in the Capital Improvement Projects Budget to cover the City’s share of the costs related to the project,” was introduced in writing and read by its title.

                  

ACTION:   The Ordinance as introduced was adopted, effective March 18, 2008.

 

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 authorizing the City as Administrative and Fiscal Agent for the Norfolk Transitional Grant Area (TGA) under Title I of the Ryan White Comprehensive Aids Resources Emergency (CARE) Act to accept Part A Grant Funds in the amount of $4,969,714.00 from the U.S. Department of Health and Human Services for HIV/AIDS Health and Support Services and appropriating and authorizing expenditure of the grant funds,” was introduced in writing and read by its title.

                  

ACTION:   The Ordinance as introduced was adopted, effective March 18, 2008.

 

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 City’s lease of certain property owned by Atlantic Asset Management Group, Inc., located on Lance Road in the City of Norfolk, for the purpose of maintaining and operating the City’s public towing facilities; authorizing the City Manager to negotiate a lease agreement in substantial conformity with the lease agreement attached hereto; and authorizing the expenditure of a sum of up to $172,500.00 from funds heretofore appropriated to cover the lease payments for the remainder of the Fiscal Year 2007-2008 and the costs of improvements to the property to make it suitable for the City’s purposes” was introduced in writing and read by its title.

                  

ACTION:   The Ordinance as introduced was adopted, effective March 18, 2008.

 

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

 

                   No:    None.

 

R-10                               A Resolution entitled, “A Resolution appointing 43 persons to 5 boards, 7 commissions, and 1 authority for certain terms,” was introduced in writing and read by its title.

                  

ACTION:   The Resolution as introduced was adopted, effective March 18, 2008.

 

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

 

                   No:    None.

 

 

 

 

 

NEW BUSINESS

 

 

1.      The following persons spoke concerning environmental issues, supporting a “Green” action plan for the City of Norfolk and a new environmental action center:   Robert Berz, 1631 Ashland Avenue; Debra Mosher, 2019 Fox Lair Lane; Barbara Scott, 265 N. Blake Road.

 

2.      Mary Simpson Jones, 7505 Paulin Court, currently barred from recreation centers in Norfolk, asked to be reinstated.

 

3.      Danny Lee Ginn, 3844 Dare Circle, spoke concerning management issues.

 

4.      Randy Lassiter, 6037 Frament Avenue, asked Council to develop a bond issue to continue the widening of Military Highway.

 

5.      Dr. William Anthony Hailey, 327 W. 32nd Street, requested CDBG funds to acquire property for a 501(c) 3 charitable organization, a youth program.

 

6.      The following persons commented on the smoking ban:  Baxter Simmons, Jr., Baxter Simmons, Sr., 500 Granby Street, and Ronnie Boone, 1842 East Ocean View Avenue, asked Council to rescind the smoking ban; Daniel E. Montague,  4605 Krick Street,  and Ellis James, 2021 Kenlake Place supported the smoking ban; Gary Dubour, 1433 Kingston Avenue, distributed handouts of issues pertaining to smoking.

 

7.      Mr. James also suggested the use of solar panels if electronic sign boards are used by the City.