NORFOLK, VIRGINIA

 

ACTION FOR THE COUNCIL

 

TUESDAY, NOVEMBER 25, 2003 – 7:30 P.M.

 

Prayer offered by Reverend Terry Spencer, Park Place Baptist Church, followed by the Pledge of Allegiance.

 

All members were present.

 

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

 

Motion adopted.

 

Yes:   Burfoot, Hester, Riddick, 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 November 25, 2003.

 

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

 

No:    None

PUBLIC HEARINGS

 

PH-1                              JOINT PUBLIC HEARING with the City Planning Commission, scheduled this day, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on amendment to the Zoning Ordinance of the City of Norfolk, 1992, by amending Section 4-11.4, Minimum lot area and lot width, Section 4-11.5, Maximum building height, Section 4-12.4, Minimum lot area and lot width, Section 4-12.5, Maximum building height, Section 4-16, Table of Principal Uses for Residence Districts, Table 4-A, Yard Requirements Residential Districts, Section 15-A, Table of Parking Requirements and Chapter 25, Special Exceptions.

 

                   The following persons spoke in support of the application: 

 

                   Eloise LaBeau, President of Estabrook Civic League, 3501 Orange Avenue; Glen Jones, President of Coleman Place Civic League, 3912 Larkin Street; Roy Lesher, 6437 Tappahannock Drive; Chuck Barackman, representative for Willoughby Civic League, 870 West Ocean View Avenue; Jim Weaver, President of Willoughby Civic League, 1052 West Ocean View Avenue; Vic Yurkovic, President Cottage Line Civic League, 1816 East Ocean View Avenue; Rudie Simpson, 759 West Ocean View Avenue; Suzy Allen, 822 West Ocean View Avenue; Joe Tindel, 3005 Pretty Lake Avenue; Marilyn Fentress, 414 Pinewell Drive; and Cheri Taylor, 4913 Cape Henry Avenue.

 

                   Jim Janata, 3124 East Ocean View Avenue, and Bob Layton, 1501 Bayville Street, were present in support of the application, but did not speak.  A letter from John Roger, 1313 Oak Park Avenue, was read by the City Clerk, stating his support for the application.

 

                   The following persons spoke in opposition of the application:

 

                   Delegate Thelma Drake, 2306 Bay Oaks Place; Shirley Harris, representative for Edith R. Jones/Board of Directors of the STOP Organization, 2551 Almeda Avenue; Earl Bowden, 582 West Ocean View Avenue; Joan Gifford, 1923 Bayview Boulevard; Claudia Cotton, representative for Tidewater Builders’ Association, 2117 Smith Avenue, Chesapeake, Va.; John Wesley Hill, 2906 Mapleton Avenue; David Nimmer, 1310 West Ocean View Avenue; Glen Russell; representative of Hampton Roads Realtors’ Association, 904 Virgilina Avenue (opposed the special exception language); Michael Bond, 3833 Bay Oaks Place; Joe Waldo, 301 West Freemason Street; and Peter Surprenant, 1346 West Ocean View Avenue.

 

ACTION:   Continued public hearing until December 16, 2003.

 

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

 

No:    None

 

PH-2                              PUBLIC HEARING scheduled this day pursuant to action of the Council on November 4, 2003, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Jerome Miller for a change of zoning from R-5 (One Family) to conditional R-8 (One Family) on property located at 5836-5840 Bartee Street.

 

                   Jerome Miller, the applicant, 1507 East Bayview Boulevard, was present to answer questions.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone 5836-5840 Bartee Street from R-5 (One-Family) to Conditional R-8 (One-Family),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 25, 2003.

 

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

 

No:    None

 

PH-3                              PUBLIC HEARING scheduled this day pursuant, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on a Local Law Enforcement Block Grant from the Department of Justice, Bureau of Justice Assistance.

 

                   There was no one present to speak on this application.

 

ACTION:   Closed public hearing.

 

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

 

No:    None

 

CONSENT AGENDA

 

C-1                                 Letter from the City Manager recommending a public hearing be scheduled to hear comments to close, vacate, and discontinue portions of East Ocean View Avenue, 27th Bay Street and Pleasant Avenue.

 

ACTION:  City Clerk authorized to advertise for a public hearing on December 16, 2003.

 

Yes:   Burfoot, Hester, Riddick, 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 Wendell White for a change of zoning from R-5 (One Family) to conditional R-8 (One-Family).

 

ACTION:   City Clerk authorized to advertise for a public hearing on December 16, 2003.

 

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

 

No:    None

 

C-3                                 Letter from the City Manager advising, in accordance with Chapter 33.1-40 of the Norfolk City Code, of sole source procurements during the month of October 2003 for the Departments of Information Technology and Finance.

 

ACTION:  Received and filed.

 

Yes:   Burfoot, Hester, Riddick, 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 Old Dominion Real Estate Foundation for a change of zoning on properties bounded on the north by 43rd Street, on the east by Killam Avenue, on the south by 41st Street and on the west by Monarch Way.

 

ACTION:   City Clerk authorized to advertise for a public hearing on December 16, 2003.

 

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

 

No:    None

 

REGULAR AGENDA

 

R-1                                 Matter of a public hearing scheduled this day, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Collins Enterprises, LLC, to close, vacate and discontinue that portion of Westmoreland Avenue southwardly from Bolling Avenue and that portion of Rockbridge Avenue southwardly from Bolling Avenue, and a change of zoning from R-11 (Moderate Density Multiple Family) district to Conditional R-14 (High Density Multiple Family) district.

                                      (Passed by at the meeting on November 18, 2003.)

 

                   Vince Mastracco, attorney for the applicant, 150 West Main Street, was present to answer questions.

 

                                     

 

Thereupon, the following two Ordinances were introduced:

 

                                      An Ordinance entitled, “An Ordinance to rezone property located southeast of the intersection of Bolling Avenue and Westmoreland Avenue from R-11 (Moderate Density Multiple-Family) to Conditional R-14 (High Density Multiple-Family),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 25, 2003.

 

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

 

No:    None

 

R-1A                              An Ordinance entitled, “An Ordinance closing, vacating and discontinuing a portion of Westmoreland Avenue and a portion of Rockbridge Avenue south of Bolling Avenue, subject to certain conditions,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective December 26, 2003.

 

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

 

No:    None

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the sale of beer and wine for off-premises consumption on property located at 2010 Colley Avenue,” was introduced in writing and read by its title.

 

                   Nick Bilotta, the applicant, 3148 Hunters Chase Drive, Virginia Beach, Va., was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective November 25, 2003.

 

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

 

No:    None

 

R-2A                              An Ordinance entitled, “An Ordinance authorizing the operation of an eating and drinking establishment on property located at 2010 Colley Avenue,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 25, 2003.

 

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

 

No:    None

 

R-3                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the sale of beer and wine for off-premises consumption on property located at 6506 East Virginia Beach Boulevard,” was introduced in writing and read by its title.

 

                   Maggie Park, the applicant, 1024 Baker Road, Virginia Beach, Va., was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective November 25, 2003.

 

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

 

No:    None

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the conveyance of a parcel in former right-of-way of Freemason Street, Norfolk, Virginia, to the City of Norfolk by the Norfolk Redevelopment and Housing Authority, and authorizing the City Manager to accept the deed on behalf of the City of Norfolk,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 25, 2003.

 

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

 

No:    None

 

 

R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance appropriating and approving the expenditure of the sum of $335,000 to be received from the Commonwealth of Virginia, Department of Transportation, for the design and repairs to the box culvert on Indian River Road as part of the Indian River Road Improvement Project,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 25, 2003.

 

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

 

No:    None

 

R-6                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the operation of an eating and drinking establishment on property located at 9619-9621 Granby Street,” was introduced in writing and read by its title.

 

Holly Spires, the applicant, 9619 Granby Street, was present to answer questions.  Jim Janata, 3124 East Ocean View Avenue, was present in support of the application, but did not speak.

 

ACTION:   The Ordinance as introduced was adopted, effective November 25, 2003.

 

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

 

No:    None

 

R-7                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the acceptance of a grant award of $217,770 from the Bureau of Justice Assistance (BJA) for underwriting projects to reduce crime and improve public safety in support of the Local Law Enforcement Block Grants program, appropriating the grant funds and authorizing a local cash match of $24,197,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 25, 2003.

 

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

 

No:    None

 

R-8                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance appropriating and authorizing expenditure of interest earnings of up to $7,000 from grant funds received from the Bureau of Justice Assistance, for the Local Law Enforcement Block Grants Program, to purchase equipment for the Police Department and pay police officers overtime for crime prevention activities,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 25, 2003.

 

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

 

No:    None

 

R-9                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the expansion of a nonconforming use on property located at 1434 East Ocean View Avenue,” was introduced in writing and read by its title.

 

                   Nick Vandergrift, the applicant, 1434 East Ocean View Avenue, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective November 25, 2003.

 

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

 

No:    None

 

NEW BUSINESS

 

                   Jane Richardson, 2412 Minnesota Avenue, spoke about several concerns in the Coleman Place neighborhood.