City Council Formal Docket

TUESDAY, SEPTEMBER 22, 2009 – 7:00 P.M.

 

CEREMONIAL MATTER

 

Mayor Fraim acknowledged Associate Dean Debbie Hicks, Professor Brett Heindl and students visiting from Virginia Wesleyan College.   

 

PUBLIC HEARINGS  

 

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on July 21, 2009, under the State law, public notice having been inserted in the local press by the City Clerk on the application of MARINE HYDRAULICS INTERNATIONAL to close, vacate and discontinue a portion of Warrington Avenue, from the eastern line of Orapax Street eastwardly to the western line of Claremont Avenue.

 

 

                   The following people spoke in opposition to this matter, Dan Neumann, 1335 Armistead Bridge Road, David Perry, 816 Clairmont Avenue, Preston Wenger, 1119 Redgate Avenue, Mary Margaret Callahan Lyons, 1034 Westover Avenue, Joseph George, 1447 Westover Avenue.

 

                   Victor Brannon, 555 East Main Street and Thomas Epley, 543 E. Indian River Road, spoke in favor of this matter.

 

          Thereupon, an Ordinance entitled, “An Ordinance closing, vacating and discontinuing a portion of Warrington Avenue and authorizing the conveyance to the abutting property owner of any interest the city may have in the underlying fee of said portion of Warrington Avenue, contingent upon the satisfaction of certain conditions,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective October 23, 2009.

 

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

 

No:    None.

 

CONSENT AGENDA

 

ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED.  THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.

 

C-1                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of the Ryan Jones and Associates for the closing, vacating and discontinuing of a portion of Phelps Avenue from the western line of Poppleton Street westward two-hundred feet, including returns.

 

ACTION:   City Clerk authorized to advertise for a public hearing on October 6, 2009.

 

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

 

No:    None.

 

C-2                                 Letter from the City Clerk presenting the request of Holiday in the City for the use of the Mace during the 25^th Annual Holiday in the City Grand Illumination Parade to be held on Saturday, November 21, 2009.

 

ACTION:   Use of Mace and Police Honor Guard approved.

 

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 Tivest Homes by Dwight Etheridge to amend the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO create and implement the Mid-Towne Office Tower Overlay (MOTO) district and to change the zoning from C-2 (Corridor Commercial) to C-2 and Mid-Towne Office Tower Overlay District on property located at 930 East Virginia Beach Boulevard.

 

ACTION:   City Clerk authorized to advertise for a public hearing on October 13, 2009.

 

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 operate an entertainment establishment on property located at 411 Granby Street, #10,” was introduced in writing and read by its title.

                                      (Passed by at the meeting of September 1, 2009)

 

ACTION:   The Ordinance as introduced was adopted, effective September 22, 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 to amend and reordain the City’s Operating Budget for Fiscal Year 2009-2010 to add $6,000,000 to the budget, to amend and reordain Section 1 of the Ordinance No. 43,447 (City’s Operating Budget Ordinance for Fiscal Year 2009-2010) SO AS TO appropriate and authorize the expenditure of funds in the additional amount of $6,000,000 from the Norfolk Public Schools Fiscal Year 2008-2009 budget,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 22, 2009.

 

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

 

No:    None.

 

R-3                                 Letter from the City Manager and a Resolution entitled, “A Resolution amending Resolution 997 which established categories for and appointed members of the Board of Directors of the Norfolk Convention and Visitors Bureau SO AS TO amend several of the director representation categories,” was introduced in writing and read by its title.

 

                   Judy Swystun, 2000 East Ocean View Avenue, was present to answer questions.

 

ACTION:   The Resolution as introduced was adopted, effective September 22, 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 to amend and reordain Section 12-31 of the Norfolk City Code, 1979, prohibiting animals and fowl within the city’s cemeteries,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 22, 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 accepting the sum of $10,000.00 from the Commonwealth of Virginia Department of Forestry, and appropriating the grant and local matching funds in the amount of $10,000.00, to improve Riparian Health in Grandy Village,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 22, 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 granting a Special Exception to permit the operation of an eating and drinking establishment on property located at 200 College Place,” was introduced in writing and read by its title.

 

                   William Caton, Sr. and William Caton, Jr., 200 College Place, were present to answer questions.

.                 

ACTION:   The Ordinance as introduced was adopted, effective September 22, 2009.

 

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 a used merchandise sales establishment located at 7525 Tidewater Drive,” was introduced in writing and read by its title.

                  

                   Beverly Sexton, 348 El Paso Avenue and Rebecca Luce, 409 San Antonio Boulevard, spoke in opposition to this matter.

 

ACTION:   The Ordinance as introduced was LOST.

 

Yes:      None.

 

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

 

R-8                                 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 29, 2009 at 2:30 p.m. to September 28, 2009 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 22, 2009.

 

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 granting a Special Exception to operate an entertainment establishment on property located at 4412 Monarch Way,” was introduced in writing and read by its title.

 

                   Donald Rockwell, 1349 Buckingham Avenue, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective September 22, 2009.

 

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 Section 24-195 of the Norfolk City Code, 1979, SO AS TO provide the time and manner of appealing real estate assessments,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 22, 2009.

 

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 approving an increase in the estimated total cost of the acquisition by negotiation or by condemnation of 227 East Plume Street, the said property situate in the City of Norfolk, belonging to the Hipage Company, Inc.; to $3,260,000, and authorizing the expenditure of the additional sum of $1,460,000 from monies heretofore appropriated to acquire the same,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 22, 2009.

 

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

 

No:    None.

 

 

R-12                               Letter from the City Assessor recommending confirmation of the appointment of David Nelligar-King as Real Estate Appraiser II, effective August 31, 2009.

 

ACTION:   Appointment confirmed.

 

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

 

                   No:    None.

 

 

NEW BUSINESS

 

 

1.            Gordon Dillon, 404 Warren Circle, spoke regarding his real estate tax increase.

 

2.            Margie Hall, 8056 West Glenn Road, thanked council for the funds given to NRHA to refurbish her home. 

 

3.            Kennetha Sanderlin, 623 E. Virginia Beach Boulevard, spoke on the issue of beauty salons and barber shops not having proper licensing. 

 

4.            Glen Jones, 2501 Kennon Avenue, commented on a process regarding a plan to get people out of public housing.  

 

5.            Danny Lee Ginn, 3844 Dare Circle, commented regarding good city government. 

 

6.            Dan Montague, 4605 Krick Street, commented on the city’s infrastructure and the poor materials used for building around the city.