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>>> THE COUNCIL OF THE CITY OF NORFOLK IS NOW NO SESSION.
>> HEAVENLY FATHER, WE COME TO YOU THIS EVENING, THANKING YOU
FOR THE BLESSINGS YOU BESTOW UPON US.
WE ASK YOU TO CONTINUE TO BLESS OUR CITY, WE ASK YOU TO BLESS
THE CITIZENS, WE ASK YOU TO GO INTO THOSE HOMES WHERE THINGS
ARE DIFFICULT, MONEY IS LIMITED, CHALLENGING, WE ASK YOU TO GIVE
US THE ABILITY TO DO THIS JOB IN FAIR AND JUST MANNER.
THESE AND ALL BLESSINGS WE ASK IN THY NAME, AMEN.
>> AMEN. >> All: I PLEDGE ALLEGIANCE TO
THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR
WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH
LIBERTY AND JUSTICE FOR ALL. >> THANK YOU.
CLERK WILL CALL THE ROLL, PLEASE.
>> MR. BURFOOT. >> HERE.
>> MR.áRIDDICK. >> HERE.
>> MR.áSMIGIEL. >> HERE.
>> DR.áWHIBLEY. >> HERE.
>> MS. WILLIAMS. >> HERE.
>> MR.áWINN. >> HERE.
>> MR.áFRAIM. >> HERE.
MOTION IS TO EXCUSE MR. PROTOGYROU.
>> MR. BURFOOT. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
MOTION IS TO DISPENSE WITH THE READING OF THE MINUTES OF
THE PREVIOUS MEETING. >> MR. BURFOOT.
>> AYE. >> MR.áRIDDICK.
>> AYE. >> MR.áSMIGIEL.
>> AYE. >> DR.áWHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR.áWINN.
>> AYE. >> MR.áFRAIM.
>> AYE. GOOD EVENING, LADIES AND
GENTLEMEN. WELCOME TO THE NORFOLK CITY
COUNCIL CHAMBERS. WE'RE GLAD TO HAVE ALL OF YOU
HERE. THE PURPOSE OF THE MEETING
TONIGHT, THE AGENDA WHICH WE WILL FOLLOW, IS WE HAVE A COUPLE
OFá-- WE HAVE FOUR PUBLIC HEARINGS, WE'LL TAKE ALL FOUR OF
THEM UP AT THE VERY BEGINNING OF THE MEETING.
AT THE CONCLUSION OF THE PUBLIC HEARINGS, WE'LL MOVE TO THE
CONSENT AGENDA AND THERE ARE FOUR ITEMS THERE.
THEY'RE RATHER PERFUNCTORY, SO THE COUNCIL IS ENTITLED TO VOTE
ON EACH OF THINKS THINGS ON THE CONSENT AGENDA IN ONE VOTE
UNLESS ONE OF THE COUNCILMEMBERS WANTS TO HAVE SOMETHING
CONSIDERED SEPARATELY. THEN WE'LL MOVE TO THE REGULAR
AGENDA AND THERE ARE 14 ITEMS THERE.
AT THE CONCLUSION OF THE REGULAR AGENDA, IF ANY MEMBER OF THE
PUBLIC WOULD LIKE TO ADDRESS THE COUNCIL ON A NONAGENDA ITEM, YOU
WILL BE GIVEN THAT OPPORTUNITY. ALL WE ASK IS THAT YOU PLEASE
ADVISE THE CLERK OF YOUR INTENTION TO SPEAK AND FILL IN A
SLIP OF PAPER, WHICH I'LL CALL HERE AT THE CONCLUSION OF THE
MEETING. WE'LL DO ALL OF THAT IN JUST THE
WAY THEá-- WE'LL CALL THE ITEMS IN JUST THE WAY THEY'RE NUMBERED
ON THE PRINTED DOCKET. BEFORE WE BEGIN THE REGULAR
AGENDA, WE DO HAVE ONE REALLY SPECIAL PROCLAMATION FOR
CEREMONIAL MATTER, IF THE BROWNS CAN COME UP.
WOULD YOU LIKE TO COME UP AND ACCEPT THE PROCLAMATION AND
MAYBE YOU'LL GO TO THE PODIUM THERE AND I'LL READ IT FOR YOU
AND IT'S ABOUT PEACE CORPS WEEK. IT READS WHEREAS SINCE PRESIDENT
JOHN F. KENNEDY SIGNED AN EXECUTIVE ORDER ESTABLISHING THE
PEACE CORPS MARCH THE 1st, 1961, MORE THAN 210,000 AMERICANS HAVE
SERVED AS PEACE CORPS VOLUNTEERS FOR 139 COUNTRIES AND IN THE
PROCESS, HAVE MADE THE PEACE CORPS AN ENDURING SYMBOL OF THE
UNITED STATES OF AMERICA TO ENCOURAGE PROGRESS IN THE
DEVELOPING WORLD, AND WHEREAS PEACE CORPS VOLUNTEERS HAVE MADE
SIGNIFICANT AND LASTING CONTRIBUTION NONAGRICULTURE,
BUSINESS, DEVELOPMENT, INFORMATION TECHNOLOGY,
EDUCATION, THE ENVIRONMENT, HEALTH AND ***/AIDS AND
THEREFORE HAVE IMPROVED THE LIVES OF INDIVIDUALS IN
COMMUNITIES WORLDWIDE, WHEREAS PEACE CORPS VOLUNTEERS HAVE
STRENGTHENED THE TIES OF FRIENDSHIP BETWEEN PEOPLE OF THE
UNITED STATES AND THOSE OF OTHER COUNTRIES AND HAVE BROUGHT A
DEEPER UNDERSTANDING AND APPRECIATION OF OTHER CULTURES
AND TRADITIONS IN THE UNITED STATES, WHEREAS THE CITY OF
NORFOLK RECOGNIZES THE ACHIEVEMENTS OF THE PEACE CORPS
AND HONORS ITS VOLUNTEERS PAST AND PRESENT AND REAFFIRM THE
UNITED STATES' COMMITMENT TO HELP PEOPLE THROUGHOUT THE WORLD
TO HELP THEMSELVES, NOW THEREFORE, I PAUL FRAIM, MAYOR
OF THE CITY OF NORFOLK, COULD HEREBY PROCLAIM FEBRUARY THE
24th THROUGH MARCH THE 2nd, 2013, AS PEACE CORPS WEEK IN THE
CITY OF NORFOLK, AND CALL UPON ALL CITIZENS TO REFLECT ON THE
NUMEROUS AND IMPORTANT CONTRIBUTIONS MADE BY PEACE
CORPS VOLUNTEERS SINCE 1961. I HAVE GIVEN UNDER MY HAND THE
26th DAY OF FEBRUARY, 2013, BY PAUL FRAIM, MAYOR.
LET ME GIVE YOU THIS AND WE'D LOVE TO HEAR FROM YOU.
I DIDN'T KNOW YOU WERE A PEACE CORPS VOLUNTEER UNTIL I SAW THAT
A COUPLE DAYS AGO, SO THANK YOU FOR THAT.
WE'D LOVE TO HEAR FROM YOU. >> MAY Iá--
>> YES, SIR. BE GLAD TO HEAR.
>> I'D LIKE TO THANK MAYOR FRAIM, COUNCILMEMBERS, CITY OF
NORFOLK FOR THIS PROCLAMATION ON BEHALF OF THE ENTIRE PEACE CORPS
VOLUNTEERS OF HAMPTON ROADS. THERE ARE ABOUT 150 TO 200
RETURNED VOLUNTEERS IN THE AREA. I WAS ONE OF THE FIRST, I WAS
SERVING IN NIGERIA 50 YEARS AGO. IT HAD A BIG IMPACT ON MY LIFE.
I CAME BACK AND STUDIED AFRICAN HISTORY AND CULTURE AT INDIANA
UNIVERSITY AND NORFOLK STATE HIRED ME IN 1968 WHERE I'VE BEEN
BASICALLY EVER SINCE, ALTHOUGH I RETIRED ABOUT FOUR AND A HALF
YEARS AGO. I HAD THE PLEASURE OF SHARING
OFFICES WITH WILLIAM ROBINSON AND WITHIN NORMAL LIMITS WARD
AND I TAUGHT TWO SIBLINGS OF YVONNE MILLER AND I'VE HAD A
WONDERFUL EXPERIENCE HERE IN NORFOLK AND I THINK I'LL BE HERE
A LITTLE LONGER. >> WELL, THANK YOU.
YOU'VE BEEN AROUND SOME OF THE GREAT ONES AND THANK YOU FOR
YOUR SERVICE IN THE PEACE CORPS AND THANK YOU FOR BRINGING THIS
MATTER TO US SO WE COULD DO THIS PROCLAMATION.
THE PEACE CORPS IS STILL A VERY VALUABLE SERVICE, AND SERVES AS
AN INSTRUMENT OFá-- >> AND THEY DO TAKE RETIREES, SO
WHEN YOU ALL RETIRE FROM HERE, YOU CANá--
>> OKAY, THANKS. >> THANK YOU.
[ APPLAUSE ] >> OKAY.
THANK YOU. PUBLIC HEARING ONE, PLEASE.
>> PUBLIC HEARING SCHEDULED THIS DAY PURSUANT TO ACTION OF THE
COUNCIL ON JANUARY 29, 2013, ON THE APPLICATION OF THE CITY
PLANNING COMMISSION TO AMEND THE ZONING ORDINANCE OF THE CITY OF
NORFOLK, CHAPTER 2, DEFINITIONS, TO REVISE THE DEFINITION FOR
USED MERCHANDISE ESTABLISHMENT, AND TO ADD A DEFINITION FOR USED
BOOKS/MEDIA SALES. CHAPTER 11, OVERLAY DISTRICTS,
TO ADD USED BOOKS/MEDIA SALES AS A SPECIAL EXCEPTION USE IN
ZONING DISTRICTS PCO-COLLEY, PCO-21st STREET.
AND CHAPTER 6, COMMERCIAL DISTRICTS, TO ADD USED
BOOKS/MEDIA SALES AS A PERMITTED USE IN ALL COMMERCIAL ZONING
DISTRICTS. BY A 6-0 VOTE, PLANNING
COMMISSION RECOMMENDS APPROVAL. >> THERE ARE NO MEMBERS OF THE
PUBLIC SIGNED UP TO ADDRESS THE COUNCIL ON THIS MATTER.
SO IF THERE ARE NO QUESTIONS, YOU CAN CALL THE ROLL, PLEASE.
>> I HAVE AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-3, TABLE
6-5 AND TABLE 11-20.3 OF THE ZONING ORDINANCE OF THE CITY OF
NORFOLK, 1992, IN ORDER TO ALLOW USED BOOKS/MEDIA SALES AS A
PERMITTED USE IN ALL COMMERCIAL DISTRICTS AND TO ALLOW BOTH USED
BOOKS/MEDIA SALES AND USED MERCHANDISE SALES BY SPECIAL
EXCEPTION IN THE COLLEY AVENUE AND 21st STREET PEDESTRIAN
COMMERCIAL OVERLAY DISTRICT. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
PUBLIC HEARING 2. >> PUBLIC HEARING SCHEDULED THIS
DAY PURSUANT TO ACTION OF THE COUNCIL ON JANUARY 29, 2013, ON
THE APPLICATION OF DAVID AND JANE CANTON ANDERSON FOR A
REZONING FROM I-1, LIMITED INDUSTRIAL, DISTRICT TO C-2,
COMMERCIAL CORRIDOR, AND PCO-21st DISTRICTS AND A SPECIAL
EXCEPTION TO PERMIT MIXED USES ON PROPERTY LOCATED AT 943
THROUGH 949 WOODROW AVENUE. BY A 6-0 VOTE, PLANNING
COMMISSION RECOMMENDS APPROVAL. >> THERE ARE NO MEMBERS OF THE
PUBLIC SIGNED UP TO OPPOSE THE MATTER.
HOWEVER, WE DO HAVE JANE CANTON HERE AS THE APPLICANT.
JANE CANTON ANDERSON AS WELL AS BOB AND THOMAS TO ANSWER
QUESTIONS IF ANYONE HAS ANY. OKAY, ON THEá-- THEY HAVE GOT
CANTON SPELLED C-A-N-T-O-N IN THE PUBLIC HEARING NOTICE.
IF IT'S OKAY WITH YOU, WE CALL THE VOTE.
>> I HAVE TWO ORDINANCES. THE FIRST IS AN ORDINANCE TO
REZONE PROPERTIES LOCATED AT 943 TO 949 WOODROW AVENUE FROM I-1,
LIMITED INDUSTRIAL, DISTRICT TO C-2, CORRIDOR COMMERCIAL,
DISTRICT AND PEDESTRIAN COMMERCIAL OVERLAY-21st STREET
DISTRICT. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
>> NEXT IS AN ORDINANCE GRANTING A SPECIAL EXCEPTION TO PERMIT
MIXED USES ON PROPERTIES LOCATED AT 943 TO 949 WOODROW AVENUE.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. ALL RIGHT, GOOD LUCK WITH THE
PROJECT. I THINK IT WILL BE A TERRIFIC
ONE. >> THANK YOU.
>> THANKS FOR THE INVESTMENT AS WELL.
PUBLIC HEARING 3. >> PUBLIC HEARING SCHEDULED THIS
DAY PURSUANT TO ACTION OF THE COUNCIL ON JANUARY 29, 2013, ON
THE APPLICATION OF J. MAYNOR CONSTRUCTION TO CHANGE ZONING
FROM C-1, COMMERCIAL CORRIDOR, DISTRICT TO R-9, ONE-FAMILY,
DISTRICT ON PROPERTY LOCATED AT 1102 TO 1108 WILSON ROAD.
BY A VOTE OF 3-3, THE PLANNING COMMISSION RECOMMENDS DENIAL.
>> OKAY. ROSCOE CALLOWAY ANDá-- THERE ARE
NO MEMBERS OF THE PUBLIC SIGNED UP TO OPPOSE THIS, BUT WE HAVE A
NEGATIVE VOTE FROM PLANNING COMMISSION, RIGHT?
>> 3-3 TIE. >> OKAY.
ROSCOE CALLOWAY. ROSCOE, DO YOU WANT TO MAKE ANY
COMMENTS OR ARE YOU HERE JUST TO ANSWER QUESTIONS AS IS JEFF
MAYNOR ANDá-- ANYBODY HAVE ANY COMMENTS OR QUESTIONS?
>> THAT'S THE ONE THAT WAS PRESENTED TO US WITH HUGHART
STREETá-- >> YEAH, WE DIDN'T LIKE THE
ORIENTATION. >> BUT I THINK IT'S KOL LE
AVENUE ANDá-- >> WE GOTá-- I THINK WE GOT IT
HERE, MR.áCALLOWAY. THANK YOU.
>> I BELIEVE THE ONLY CONCERN OF THE PLANNING COMMISSION WAS
MR.áMAYNOR DID NOT GO FOR A CONDITIONAL REZONING, WHICH
WOULD ENSURE THAT THE HOMES WOULD BE ABLE TO BE REVIEWED FOR
THEIR DESIGN. >> RIGHT, BUT WE ALSO HAD AN
ISSUE ABOUT WHICH WAY THE HOMES ARE GOING TO BE FACED.
>> THERE WAS ALSO A CONCERN FROM OUR STAFF, OUR SIDE AS TO HOW
THAT THE LOTS WOULD BE ORIENTED WHICH COULD ONLY BE DONE THROUGH
A CONDITIONAL REZONING. >> THE PROPERTY IS GOING TO FACE
COLON AVENUE, THE HOMES? >> THAT WOULD BE AN ISSUE YOU
WOULD HAVE TO TALK TO MR.áMAYNOR.
WE HAVE NO ABILITY TO REQUIRE THAT WITHOUT A CONDITIONAL
REZONING. >> THEN, FRANKá-- MR.áMAYNOR.
AND YOU ARE JEFF, FOR THE RECORD, JEFF MAYNOR AND YOU LIVE
AT 1181 KINGS WAY DRIVE. >> CORRECT.
>> AND WHICH WAY ARE THE PROPERTIES GOING TO FACE?
>> THE PROPERTIES WOULD ALL FACE COLON AVENUE.
THREE OF THEM, ONE 50 FOOT BY 145, 40 BY 125.
THE ONE THAT'S 50 BY 125 IS ON WILSON ROAD AND YOU REALLY
COULDN'T, 50 FEET WIDE, 25-FOOT SET BACK, 25 IN THE BACK, YOU
CAN'T HAVE IT FACING ANY OTHER WAY BESIDES COLON AVENUE.
>> ALL RIGHT. READY?
>> I HAVE AN ORDINANCE TO REZONE PROPERTIES LOCATED AT 1102 TO
1108 WILSON ROAD FROM C-1, LIMITED COMMERCIAL, DISTRICT TO
R-9, ONE-FAMILY, DISTRICT. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
PUBLIC HEARING 4. >> PUBLIC HEARING SCHEDULED THIS
DAY UNDER STATE LAW TO CHANGE THE NAME OF UNITED WAY PRECINCT
TO THE LAKE TAYLOR HIGH SCHOOL PRECINCT AND TO CHANGE THE
VOTING PLACE OF THE UNITED WAY PRECINCT FROM THE UNITED WAY
BUILDING TO THE LAKE TAYLOR HIGH SCHOOL, AND TO TEMPORARILY
RELOCATE THE VOTING PLACE OF THE CHRYSLER MUSEUM PRECINCT TO THE
CHRYSLER MUSEUM GLASS STUDIO. I HAVE AN ORDINANCE TO AMEND AND
REORDAIN THE TITLE OF SECTION 14.1-62, UNITED WAY PRECINCT, SO
AS TO CHANGE THE NAME OF THE PRECINCT TO LAKE TAYLOR HIGH
SCHOOL PRECINCT, TO AMEND SUBSECTION 14.1-75(29) SO AS TO
CHANGE THE NAME OF THE PRECINCT FROM UNITED WAY PRECINCT TO LAKE
TAYLOR HIGH SCHOOL PRECINCT, TO AMEND SECTION 14.1-85, CHRYSLER
MUSEUM PRECINCT, SO AS TO TEMPORARILY CHANGE THE LOCATION
OF ITS VOTING PLACE AND TO AMEND SECTION 14.1-128, UNITED WAY
PRECINCT, SO AS TO CHANGE ITS NAME TO LAKE TAYLOR HIGH SCHOOL
PRECINCT AND CHANGE THE LOCATION OF ITS VOTING PLACE.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> I JUST WANT TO SAY, I WANT TO THANK MS.áLONG AND HER STAFF FOR
GETTING BACK WITH ME AFTER I BROUGHT UP CONCERNS WITH THIS, I
DID GO OUT AND REINVESTIGATE THE PROPERTY.
I STILL HAVE CONCERNS ABOUT IT, AND I KNOW THAT THEY HAVE TIGHT
SPACE OVER THERE. ALL I'M ASKING IS THAT YOU
CONTINUE MONITORING AND IN THE NEXT ELECTION, IF IT LOOKS LIKE
IT'S CAUSING PROBLEMS, THAT WE MAYBE RELOOK AT THIS A YEAR FROM
NOW AND SEEá-- WE DID HAVE A GREAT DISCUSSION AS A COUNCIL
WITH VOTING LINES AND THINGS AND VOTER SUP FRETION AND I'M JUST
WORRIEDá-- SUPPRESSION AND I'M JUST WORRIED WITH THE DISTANCE
AND WHERE THIS IS LOCATED. I KNOW THEY'RE GOING TO ADDRESS
THE SIGNAGE, BUT IF WE CAN MONITOR IT, MAKE SURE THAT WE
KEEP OUR CITIZENS HAPPY WITH THIS, BUT AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
LET ME MAKE ONE OTHER COMMENT ABOUT LAKE TAYLOR.
BRECK, DIDN'T WE HAVE AN ORDINANCE AT ONE POINT AR WASN'T
THERE A MOTION COMING OUT OFá-- I DON'T KNOW WHOSE OFFICE IT WAS
COMING OUT OF, THAT THE STREET THAT LEADS TO THE FRONT OF LAKE
TAYLOR HIGH SCHOOL, WE WERE GOING TO RENAME THAT TITANS WAY?
THEY HAVE GOT A SIGN UP THERE THAT SAYS IT ALREADY.
>> BUT I MEANá-- I'M NOT SURE WE'VE ACTUALLYá-- THIS IS
ESPECIALLY IN HONOR OF THE STATE FOOTBALL CHAMPIONSHIP.
THEY MIGHT HAVE THE NAME UP THERE, BUT WEá--
>> THERE'S A SIGN UP THERE. >> BUT THERE WAS NOT A
DELEGATION. I THINK YOU'RE RIGHT.
>> LET'S DO IT. >> LET'S DO IT.
>> OKAY. ESPECIALLY IN LIGHT OF HOW WELL
THE GIRLS BASKETBALL TEAM DID TOO.
ALL RIGHT, THE CONSENT AGENDA. THERE ARE FOUR ITEMS ON THE
CONSENT AGENDA. WOULD ANY MEMBER OF THE COUNCIL
LIKE TO HAVE ANY ONE OF THESE MATTERS CONSIDERED SEPARATELY?
IF NOT, CALL THE ROLL. >> TO APPROVE THE CONSENT
AGENDA, MR.áBURFOOT. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-1, PLEASE. >> AN ORDINANCE GRANTING A
SPECIAL EXCEPTION TO PERMIT THE OPERATION OF AN EATING AND
DRINKING ESTABLISHMENT ON PROPERTY LOCATED AT 217 GRACE
STREET. BY A VOTE OF 6-0, PLANNING
COMMISSION RECOMMENDS APPROVAL. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-2. >> AN ORDINANCE GRANTING A
SPECIAL EXCEPTION TO PERMIT THE CONSTRUCTION OF A COMMERCIAL
COMMUNICATION TOWER ON PROPERTY LOCATED AT 2031 PHELPS AVENUE.
BY A VOTE OF 6-0, PLANNING COMMISSION RECOMMENDS APPROVAL.
>> AND LISA MURPHY, THE ATTORNEY FOR THE APPLICANT IS HERE TO
ANSWER QUESTIONS. DO WE HAVE ANY?
OKAY. >> DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-3. >> AN ORDINANCE GRANTING A
SPECIAL EXCEPTION TO PERMIT THE OPERATION OF AN ENTERTAINMENT
ESTABLISHMENT ON PROPERTY LOCATED AT 332 GRANBY STREET.
BY A VOTE OF 6-0, PLANNING COMMISSION RECOMMENDS APPROVAL.
>> MR.áCOLSTON, JAMES COLSTON IS HERE TO ANSWER QUESTIONS IF
ANYONE HAS ANY. MR.áCOLSTON, ARE YOUá-- THERE
YOU GO. THANK YOU.
>> DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-4.
>> AN ORDINANCE GRANTING A SPECIAL EXCEPTION TO PERMIT THE
SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION ON
PROPERTY LOCATED AT 4500 PRETTY LAKE AVENUE, UNIT 106.
BY A VOTE OF 6-0, PLANNING COMMISSION RECOMMENDS APPROVAL.
>> AND ROBIN THOMAS IS HERE TO ANSWER QUESTIONS.
CALL THE ROLL. >> DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
>> AND AN ORDINANCE GRANTING A SPECIAL EXCEPTION TO OPERATE AN
ENTERTAINMENT ESTABLISHMENT ON PROPERTY LOCATED AT 4500 PRETTY
LAKE AVENUE, UNIT 106. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-5. >> AN ORDINANCE GRANTING A
SPECIAL EXCEPTION TO PERMIT THE OPERATION OF A RELIGIOUS
INSTITUTION ON PROPERTY LOCATED AT 1101 JAMESTOWN CRESCENT.
BY A VOTE OF 6-0, PLANNING COMMISSION RECOMMENDS APPROVAL.
>> AND MR.áDAVE LANETTI IS HERE TO ANSWER QUESTIONS AS THE
PROPONENT AND SO IS GARY CHIAVEROTTI.
HOW HAVE YOU BEEN? >> DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-6. >> AN ORDINANCE APPROVING A
FOURTH AMENDMENT TO LEASE BETWEEN JANAF OFFICE BUILDING,
LLC, AND THE CITY OF NORFOLK FOR PREMISES IN THE JANAF OFFICE
BUILDING AT 5900 VIRGINIA BEACH BOULEVARD.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-7.
>> AN ORDINANCE GRANTING A DOWNTOWN DEVELOPMENT CERTIFICATE
TO PERMIT THE CONSTRUCTION OF A MIXED USE BUILDING AT 416 BOUSH
STREET. BY A VOTE OF 7-0, PLANNING
COMMISSION RECOMMENDS APPROVAL. >> WHAT IS THIS ALL ABOUT?
I'M SORRY. KEN IS HERE TO ANSWER QUESTIONS
IF ANYBODY HAS ANY. OKAY, IT'S A GREAT PROJECT.
CALL THE ROLL. >> DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-8. >> AN ORDINANCE ACCEPTING A
VIRGINIA DOMESTIC VIOLENCE VICTIM FUND GRANT AWARD OF
$40,000 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE
SERVICES FOR THE SUPPORT OF PERSONNEL COSTS FOR A PROGRAM
PARALEGAL TO ASSIST IN THE PROSECUTION OF MISDEMEANORS AND
FELONIES INVOLVING DOMESTIC VIOLENCE, *** ABUSE, STALKING
AND FAMILY ABUSE, AND APPROPRIATING AND AUTHORIZING
THE EXPENDITURE OF THE GRANT FUNDS FOR THE EMPLOYEEĺS PAYROLL
AND MEDICAL BENEFIT COVERAGE EXPENSES.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> WHOA, WHOA, I'M SORRY.
ELLIS JAMES, PLEASE. ELLIS, I WAS LOOKING AHEAD ON
THE DOCKET. OKAY.
>> THANK YOU, MR.áMAYOR. MEMBERS OF THE COUNCIL, MR.áCITY
MANAGER, MY NAME IS ELLIS W. JAMES, I RESIDE IN THE CITY OF
NORFOLK AND HAVE ALL MY LIFE. I DID WANT TO AT LEAST SPEAK
FROM THE PUBLIC'S PERSPECTIVE IN SUPPORT OF THIS ITEM.
THIS IS A VERY, VERY SERIOUS PROBLEM THAT WE ARE CONFRONTED
WITH, NOT ONLY FROM THE STANDPOINT OF WHAT THE WOMEN ARE
CONFRONTED WITH ESPECIALLY, BUT ALSO ACROSS THE SPECTRUM, AND I
THINK IT'S APPROPRIATE FOR CITIZENS AND TAXPAYERS TO
INDICATE CLEARLY THAT THEY ARE FULLY IN SUPPORT OF THIS GRANT,
AND I HAVE CONFIDENCE THAT OUR ADMINISTRATION WILL ADMINISTER
THESE FUNDS IN SUCH A WAY THAT IT WILL BE OF BENEFIT TO THE
COMMUNITY. THANK YOU, MR.áMAYOR.
>> THANK YOU FOR THOSE COMMENTS, ELLIS.
OKAY. YOU CAN CONTINUE THE ROLL NOW.
>> I WAS AT MS.áWILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-9. >> AN ORDINANCE PERMITTING
WILLIAM J. FRIZZELL AND SUZAN M. KAUFMAN TO ENCROACH INTO THE
RIGHT-OF-WAY OF COLONIAL AVENUE WITH AN OVERHEAD VINE LOOP FRAME
ADDED TO AN EXISTING GATE AND POST, PORTION OF AN EXISTING
FENCE TO BE RELOCATED ON TOP OF A NEW 16-INCH-HIGH MAXIMUM
HEIGHT BRICK RETAINING WALL, AND A SQUARE BRICK COLUMN AT 502
FAIRFAX AVENUE. THIS HAS BEEN REVIEWED AND
RECOMMENDED BY DESIGN REVIEW AND THE PLANNING COMMISSION.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> I'M CURIOUS ABOUT THIS. THIS CAME UP, WHAT, FOURá-- SIX
YEARS AGO? AND I JUST WONDERED WHERE THIS
CAME FROM. IS ANYBODY HERE SPEAKING ON
THIS? >> I THINK BEFORE, IT WAS A
GAZEBO OR SOMETHING THEY WERE BUILDING THERE.
>> AND SO THIS IS A NEW PIECE? >> THIS IS DIFFERENT.
>> I DIDN'Tá-- I'M NOT OBJECTING TO IT.
I JUST WAS WONDERING IT HAD TAKEN US SO LONG TO DEAL WITH
IT, BUT YOU'RE SAYING THESE ARE TWO DIFFERENT THINGS.
>> YES, THIS IS DIFFERENT. >> OKAY.
THEN THAT'S EVEN BETTER, GREAT. AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-10. >> AN ORDINANCE PERMITTING OPEN
MFG, LLC, D/B/A XTUPLE, TO ENCROACH 3.5 FEET, MORE OR LESS,
INTO THE RIGHT-OF-WAY AT 119áW.áYORK STREET WITH A
3.25-FOOT BY 16-FOOT SIGN, A FIRST FLOOR AWNING THAT
ENCROACHES FOUR FEET AND IS 16 FEET 2 INCHES LONG WITH THE
BOTTOM OF THE AWNING EIGHT FEET ABOVE THE SIDEWALK, AND A SECOND
FLOOR AWNING THAT ENCROACHES TWO FEET AND IS 16 FEET 2 INCHES
LONG. THIS WAS REVIEWED BY DESIGN
REVIEW AND PLANNING AND RECOMMENDED.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-11.
>> AN ORDINANCE DIRECTING THE CITY TREASURER TO ISSUE A REFUND
TO INTERNATIONAL HOUSE OF PANCAKES, $4,807.34 PLUS
INTEREST, BASED UPON THE CORRECTION OF BUSINESS PERSONAL
PROPERTY TAX ASSESSMENTS FOR TAX YEARS THROUGH 2012.
DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. BRECKá--
>> BRECK, YOU HAVE TO CALL ME. >> PARDON?
>> I DON'T THINK YOU CALLED ME. >> OH.
MR. FRAIM. >> NO.
>> I THOUGHT I HAD. I HAD YOUR VOTE DOWN.
>> OKAY. R-12.
>> AN ORDINANCE DIRECTING THE CITY TREASURER TO ISSUE A REFUND
OF BUSINESS LICENSE TAXES TO 7 C'S WELDING SERVICES, INC.,
$3,418.39 PLUS INTEREST, BASED UPON THE CORRECTION OF BUSINESS
LICENSE TAX ASSESSMENTS. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> COULD YOU SPEAK TO THESE,
PLEASE? >> IN THIS ONE, THEY MOVED TO
VIRGINIA BEACH DURING THE TAX YEAR AND IT'S REPORTED BY THE
COMPANY'S ACCOUNTANT THAT THEY FILE IN THE WRONG JURISDICTION,
SO THIS IS A CORRECTION FOR THE MOVEMENT.
>> ALL THREE OF THESE AREá-- >> NO.
THE PREVIOUS ONE WAS ERRONEOUS FILING FORá-- OF BUSINESS
PERSONAL PROPERTY TAX. THE FILER HAD LISTED PROPERTYá--
MORE PROPERTY THAN IT HAD AND ON DISCOVERING IT, SOUGHT TO
CORRECT IT AND THAT WAS THE REASON FOR THE FIRST ONE.
>> ALL RIGHT, AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. R-13.
>> AN ORDINANCE DIRECTING THE CITY TREASURER TO ISSUE A REFUND
TO INSIGHT TRAINING GROUP, LLC, $3,745.63 PLUS INTEREST, BASED
UPON THE CORRECTION OF BUSINESS LICENSE TAX ASSESSMENTS FOR TAX
YEARS 2010 THROUGH 2012. DISPENSE WITH THE CHARTER
REQUIREMENT FOR READING THE ORDINANCE AND ADOPT.
MR. BURFOOT. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> AYE.
>> DR. WHIBLEY. >> AYE.
>> MS. WILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
R-14. >> AN ORDINANCE TO SCHEDULE A
CITY COUNCIL MEETING ON TUESDAY, MARCH 19, 2013 AT 7:00 P.M.
>> OKAY, I TALKED TO THE MANAGER ABOUT THIS.
THIS IS SO WE CAN HAVE AT LEAST TWO NIGHT MEETINGS A MONTH SO WE
CAN HAVE MEETINGS TO VOTE ON AND I THINK COUNCIL HAS DISCUSSED
THIS SORT OF THING IN THE PAST. OKAY.
>> DISPENSE WITH THE CHARTER REQUIREMENT FOR READING THE
ORDINANCE AND ADOPT. MR. BURFOOT.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. >> TWO ADDITIONAL ITEMS,
MR.áPRESIDENT. THE FIRST IS A LETTER FROM THE
CITY AUDITOR REQUESTING CONFIRMATION AS A SENATE CITY
AUDITOR EFFECTIVE MARCH 11, 2013.
APPROVE THE APPOINTMENT. MR. BURFOOT.
>> AYE. >> MR. RIDDICK.
>> AYE. >> MR. SMIGIEL.
>> AYE. >> DR. WHIBLEY.
>> AYE. >> MS. WILLIAMS.
>> AYE. >> MR. WINN.
>> AYE. >> MR. FRAIM.
>> AYE. >> AND R-16 AS RESOLUTION
APPOINTING 31 PERSONS TO THE MAYOR'S COMMISSION ON POVERTY
REDUCTION. ADOPT THE RESOLUTION, MR.
BURFOOT. >> AYE.
>> MR. RIDDICK. >> AYE.
>> MR. SMIGIEL. >> YE.
>> DR. WHIBLEY. >> AYE.
>> MS.áWILLIAMS. >> AYE.
>> MR. WINN. >> AYE.
>> MR. FRAIM. >> AYE.
THANK YOU. >> THAT'S ALL I HAVE M
PRESIDENT. >> OKAY, THANK YOU.
THERE ARE THREE MEMBERS OF THE PUBLICá--
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