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Norfolk City Council February 3, 2009 Formal Meeting NORFOLK, VIRGINIA ACTION OF THE COUNCIL TUESDAY, FEBRUARY 3, 2009 – 7:00 P.M. Prayer
offered by Reverend Mike Smith, Pastor, Norview 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. 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. ACTION: The Resolution as introduced was adopted, effective February 3, 2009. Yes: Burfoot, Hester, Riddick,
Whibley, Williams, Winn, Wright, and
Fraim. No: None. PUBLIC HEARING PH-1 PUBLIC HEARING scheduled this day pursuant to
action of the Council on January 13, 2009, under the State law, public notice
having been inserted in the local press by the City Clerk to hear comments on the application of KIMLEY-HORN
AND ASSOCIATES to amend the Zoning Ordinance of the City of Norfolk, 1991,
to create the Harris Teeter Overlay District; for a change of zoning from PDMU-4 (Planned Development Mixed Use
Ghent Square) District to Conditional C-2 (Corridor Commercial) District; for a
Special Exception to operate an establishment for the sale of alcoholic
beverages for off premises consumption; and to operate between the hours of
12:00 midnight and 6:00 a.m. Ellis W. James, 2021 Kenlake Place, commented his
concern would be relieved if the hours of operation are as stated, 6:00 a.m. to
12:00 p.m. Vincent J. Mastracco, attorney, 150 W. Main Street,
thanked Council and staff for their work.
The applicant, Al Lentz, was present but did not speak. Thereupon,
an Ordinance entitled, “An
Ordinance to amend Chapter 11 of the Zoning Ordinance of the City of
Norfolk, 1992, SO AS TO create the Harris
Teeter Overlay District (HTO),” was introduced in writing and read by its
title. ACTION: The Ordinance as introduced was adopted, effective February 3,
2009. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim. No: None. PH-1A An Ordinance entitled, “An Ordinance to rezone properties
located at 1300 Colonial Avenue from
PDMU-4 (Mixed Use Planned Development) District to Conditional C-2 (Corridor
Commercial) District and Harris Teeter Overlay (HTO) District,” was introduced
in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective February 3,
2009. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim. No: None. PH-1B An Ordinance entitled, “An Ordinance granting a Special
Exception to permit the sale of alcoholic beverages for off-premises
consumption on property located at 1300
Colonial Avenue,” was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective February 3,
2009. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim. No: None. PH-1C An Ordinance
entitled, “An
Ordinance granting a Special Exception to permit a retail establishment to
operate after midnight on property located at 1300 Colonial Avenue,” was introduced in writing and read by its
title. ACTION: The Ordinance as introduced was adopted, effective February 3,
2009. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim. No: None. REGULAR
AGENDA R-1 Letter the City
Manager and an Ordinance entitled, “An Ordinance to repeal subsections (33) and
(127.6) of Section 25-653 and (338.2) of Section 25-654, and amend and reordain
subsections (7) of Section 25-648 and (3) of Section 25-656.1, and Sections
25-653 and 25-654 of the Norfolk City
Code , 1979, SO AS TO amend one intersection at which right turns at
certain intersections are prohibited, amend one street where exceptions for
tractor trucks are restricted and to add two yield intersections and eighteen
stop intersections,” was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective February 3,
2009. 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 approving an
Agreement with the Commonwealth of
Virginia, Department of Transportation, for the design, construction,
operation and maintenance of that certain project known as Monticello Avenue/26th Street Intersection Improvement
Project, and appropriating and authorizing the expenditure of funds for
said project in the amount of $543,500,
subject to and in accordance with the terms and conditions of said Agreement,”
was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective February 3,
2009. 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 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 $5,218,200.00 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 February 3,
2009. 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 permitting Christ and Saint Luke’s Episcopal Church located at 560 West Olney Road to encroach into the right of way of Stockley Gardens 100 feet with a 15’
storm drain pipe,” was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective February 3,
2009. 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 to repeal
Section 33-23.1 of the Norfolk City
Code, 1979, SO AS TO remove the
Police Department Division of Planning and Research,” was introduced in
writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective February 3,
2009. 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 a
grant of Forty Nine Thousand Two Dollars
($49,002.00) from the Bureau of Justice
Assistance for the State Criminal Alien Assistance Program; appropriating
that amount if and when received; and authorizing the Sheriff to use it for
various purposes,” was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective February 3,
2009. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim. No: None. R-7 Letter from the
City Manager and A Resolution entitled, “A Resolution supporting
proposed State Legislation to regulate smoking in restaurants,” was introduced
in writing and read by its title. Daniel Montague, 4607 Krick
Street, commented he is in favor of any legislation that would ban smoking but
pointed out action should be taken to ban smoking statewide. ACTION: The Resolution as introduced was adopted, effective February 3,
2009. Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright, and Fraim. No: Riddick. R-8 A Resolution
entitled, “A Resolution commending members of the End of Massive Resistance
Commission for their work in planning the City’s commemoration of the 50th
anniversary of the end of massive resistance and the desegregation of Norfolk
Public Schools and accepting its recommendations,” was introduced in writing
and read by its title. ACTION: The Resolution as introduced was adopted, effective February 3,
2009. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim. No: None. R-9 A
Resolution entitled, “A Resolution appointing or reappointing 31 persons to 2
boards, 3 commissions, and 1 authority for certain terms,” was introduced in
writing and read by its title.
ACTION: The Resolution as amended was adopted, effective February 3, 2009.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright, and Fraim. No: None. NEW BUSINESS 1.
The following persons expressed concern about the Afr’am
Festival being held at Norfolk State University, as the five surrounding
communities cannot absorb the amount of traffic, parking, citizens, and
congestion that will result from patrons of the festival: Jamie and James Edmonds, 2827 Colchester
Crescent; Janet Stephen, 2813 Colchester Crescent; Elemuel Watts, 2739
Colchester Crescent; Tara Walker, 2740 Colchester Crescent; Marion Teasley,
2731 Colchester Crescent; Aaron Kennedy, 2801 Colchester Crescent; Selma
Howard, 2709, Colchester Crescent; Claudine Outram, 2812 Middletown Crescent;
Stella Council, 2931 Hollister Avenue; John James, 3035 N. Lakebridge Dr.; and
Cuthrell Brockington, 2717 Colchester Crescent. 2.
Gary Dubour, 1433 Kingston Avenue, suggested the city
sell its bottle water to help with the budget deficit. 3.
Daniel Montague, 4607 Krick Street, commented about cost
overruns with the light rail project. 4.
Danny Lee Ginn, 3844 Dare Circle, spoke concerning good
government. |
