NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, APRIL 22, 2008 – 7:00 P.M.

 

President Fraim called the meeting to order with the following members present: Mr. Riddick, Dr. Whibley, Mr. Williams, Mr. Winn, and Mr. Wright.

 

Prayer offered by Pastor John Monroe, Royster Memorial Presbyterian Church, followed by the Pledge of Allegiance.

             

President Fraim moved to excuse Mr. Burfoot and Mrs. Hester from today’s meeting.

 

                    Motion adopted.

 

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

 

                    No:    None.

 

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

 

                    Motion adopted.

 

Yes:    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 April 22, 2008.

 

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

 

No:    None.

 

 

CEREMONIAL MATTER

 

               President Fraim read the following resolution and presented a copy to Mr. James A. English:

 

               WHEREAS, James A. English was appointed to the Norfolk Environmental Commission in 1989; he was elected chairman in 1997 and served in that capacity until 2006 after which he continued to serve as a commissioner; and

 

          WHEREAS, shortly after joining the Commission he helped establish a new set of solid waste ordinances, and empanelled citizen focus groups to obtain input and guidance for the City’s transition to automated household waste collection;

 

          WHEREAS, during his tenure he played an instrumental role in leading the Commission to accept a mission broader and more encompassing than litter prevention and solid waste management that resulted in other problems being addressed such as non-point source pollution and cleaning up waterways; and

 

WHEREAS, he led a successful effort that resulted in the renaming of the Norfolk Clean Community Commission to the Norfolk Environmental Commission; and

 

          WHEREAS, he served as a key member of a national technical study group appointed by Keep America Beautiful that redesigned the procedure and statistical index used nationally to measure levels of littering and he and continues to be sought out to help guide the use of this instrument to the benefit of a cleaner community; and

 

          WHEREAS, after more than 18 years of service to the City, James A. English retired from the Norfolk Environmental Commission.

 

          NOW, THEREFORE, BE IT RESOLVED:

 

          Section 1:- That the Council of the City of Norfolk does hereby extend its thanks and appreciation to James A. English, Jr. for outstanding and dedicated service to the citizens of Norfolk through his work as chairman, vice chairman and member of the Norfolk Environmental Commission.

 

          Section 2: - That this resolution shall be in effect from and after its adoption on this 22nd day of April 2008, and that a copy thereof be presented to James A. English, Jr.

 

ACTION:    The Resolution as introduced was adopted, effective April 22, 2008.

 

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

 

No:    None.

 

                    President Fraim presented a plaque to Charles Fleetwood, Norfolk Environmental Commission, extending thanks and appreciation for 8 years of dedicated service to the City of Norfolk.

 

 

CONSENT AGENDA

 

C-1                                   Letter from the City Manager presenting recommendation of the City Planning Commission on the application of Narita LLC., for a change of zoning from R-11 (Moderate Density Multiple-Family) District, R-13 (Moderate Density Multiple-Family) and PPRO (Park Place Residential Overlay) to Conditional R-13 (Moderate Density Multiple-Family) District and for a Special Exception to construct more than six dwellings units on property located at 502 through 508 W. 27th Street, 509 West 28th Street, and 2701 through 2709 Colonial Avenue.

 

ACTION:    City Clerk authorized to advertise for a public hearing on May 13, 2008.

 

Yes:    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 Planning Commission to amend and reordain certain sections of the Zoning Ordinance of the City of Norfolk, 1992 SO AS TO make adjustments and corrections.

 

 ACTION:   City Clerk authorized to advertise for a public hearing on May 13, 2008.

 

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

 

No:    None.

 

 

C-3                                   Letter from the City Manager advising in accordance with Chapters 33.1-40 and 33.1.41 of the Norfolk City Code for emergency/sole source procurements during the month of January, 2008 for the Department of Public Works.

 

 ACTION:   Received and filed.

 

Yes:    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 the revocation of a Special Exception for an eating and drinking establishment known as “MoDeans” on property located at 840-G Church Street.

 

ACTION:    City Clerk authorized to advertise for a public hearing on May 13, 2008.

 

Yes:    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 Naftali Lev to amend the General Plan of Norfolk, 1992 from Low Density Residential to High Density Residential, a change of zoning from IN-1 (Institutional) District and R-7 (One-Family) District to  Conditional   R-13 (Moderately High Density Multiple Family) District and for a Special Exception to allow more than six units on one lot on property located at 6115 and 6121 Tidewater Drive.

 

ACTION:    City Clerk authorized to advertise for a public hearing on Mary 13, 2008. 

 

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

 

No:    None.

 

 

REGULAR AGENDA

 

R-1                                   Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting funds generated from the Virginia Department of Criminal Justice Services Forfeited Drug Asset Sharing Program and appropriating and authorizing the expenditure of the funds by the City for uses permitted under the Program,” was introduced in writing and read by its title.

 

Adrian Moore, 100 Brook Avenue, was present on behalf of this matter.

 

ACTION:    The Ordinance as introduced was adopted, effective April 22, 2008.

 

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

 

                    No:    None.

                             

R-2                                   Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting funds generated from the Department of Justice Federal Equitable Sharing Program and appropriating and authorizing the expenditure of the funds by the City for uses permitted under the Program,” was introduced in writing and read by its title.

                   

Adrian Moore, 100 Brook Avenue, was present on behalf of this matter.

 

ACTION:    The Ordinance as introduced was adopted, effective April 22, 2008.

 

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

 

                    No:    None.

 

R-3                                   Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to operate an entertainment establishment on property located at 421 to 423 Granby Street,” was introduced in writing and read by its title.

 

Tim Luken, 111 West Tazewell and Marshall Martin, the attorney, were present on behalf of this matter.

 

ACTION:    Continued generally.

 

Yes:     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 operation of an electronic changeable copy sign on property located at 3543 East Virginia Beach Boulevard,” was introduced in writing and read by its title.

 

ACTION:    The Ordinance as introduced was LOST.

 

Yes:     None.

 

                    No:    Riddick, Whibley, Williams, Winn, Wright and Fraim.

 

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 4412 Monarch Way,” was introduced in writing and read by its title.

 

ACTION:    The Ordinance as introduced was adopted, effective April 22, 2008.

 

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

 

                    No:    None.

 

R-6                                   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 340 W. 22nd Street, Suites 114-115,” was introduced in writing and read by its title.

 

ACTION:    The Ordinance as introduced was adopted, effective April 22, 2008.

 

Yes:     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 4416 Monarch Way,” was introduced in writing and read by its title.

 

ACTION:    The Ordinance as introduced was adopted, effective April 22, 2008.

 

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

 

                    No:    None.

 

 

NEW BUSINESS

 

1.     Dr. Warren Stewart, 100 East Ocean View Avenue, Apt. 604, and Mr. Tom Jones, Dominion Capital Management, representatives from  the Norfolk Public Library Foundation, thanked council for the recent upgrades to the Park Place and Pretlow public libraries.

 

2.     Ms. Becky Luce, 409 San Antonio Boulevard, spoke concerning a shooting that occurred in the neighborhood, code enforcement and information being reported inaccurately by the police department

 

3.     Mr. Mike Gregory, 3844 Peterson Street, spoke concerning rate increases for towing vehicles.

 

4.     Mr. Danny Lee Ginn, 3844 Dare Circle, commented about good city government.

 

5.     Ms. Paula Williams, 585 Summers Drive, spoke concerning the city code allowing a private resident to park their truck behind the front plane of their home.