NORFOLK, VIRGINIA

ACTION FOR THE COUNCIL

TUESDAY, AUGUST 19, 2003 – 2:30 P.M.

Prayer offered by Vice Mayor Daun S. Hester, 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.

INVITATIONS TO BID

INVITATION TO BID scheduled this day pursuant to action of the Council on July 22, 2003, under the State law, public notice having been inserted in the local press by the City Clerk to accept bids on 100 Main Street, L.L.C. for a lease agreement on property located on the first floor of 150 Main Street.

A letter from 100 Main Street, L.L.C., offering a bid was submitted by the City Clerk.

ACTION: Bid closed and offer accepted.

INVITATION TO BID scheduled this day pursuant to action of the Council on July 22, 2003, under the State law, public notice having been inserted in the local press by the City Clerk to accept bids on a lease agreement for property located at 204 Main Street.

Letters from Philip Decker and The Wright Company offering bids were submitted by the City Clerk.

ACTION: Bids closed and continued until August 26, 2003.

 

CEREMONIAL MATTER

Steve Cannaly, Muscular Dystrophy Association Chairman and Norfolk Professional Firefighter, thanked the City Council for supporting the "Fill the Boot" campaign.

PUBLIC HEARINGS

PH-1 PUBLIC HEARING scheduled this day pursuant to action of the Council on July 15, 2003, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Old Dominion University Real Estate Foundation, to change the zoning on property located at University Village between 44th and 43rd Streets.

Julie R. Adie, Director of Real Estate Development for ODU, was present to answer questions.

Jack Wright, 9409 Willow Court, was present in opposition to the application, but declined to speak.

Thereupon, an Ordinance entitled, "An Ordinance to rezone properties bounded on the north by 44th Street, on the east by Killam Avenue, on the south by 43rd Street and on the west by Monarch Way from R-14 (High Density Multiple-Family) and I-1 (Limited Industrial) to UV (University Village)," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective August 19, 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 July 15, 2003, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Peter Nixon to change the zoning from R-13 (Moderately High Density Multiple-Family), to conditional C-2 (Corridor Commercial) on property located at 6320 Sewell’s Point Road.

There was no one present to speak on this application.

Thereupon, an Ordinance entitled, "An Ordinance to rezone 6320 Sewells Point Road from R-13 (Moderately High Density Multiple-Family) to Conditional C-2 (Corridor Commercial)," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective August 19, 2003.

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

No: None

PH-3 PUBLIC HEARING scheduled this day pursuant to action of the Council on July 22, 2003, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the sale of city-owned property located on Alsace Avenue to Off the Wall, L.L.C.

There was no one present to speak on this application.

Thereupon, an Ordinance entitled, "An Ordinance authorizing the sale of certain city-owned property located in Lafayette Shores to Off the Wall, L.L.C., and approving the Purchase and Sale Agreement," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective September 19, 2003.

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

No: None

PH-4 PUBLIC HEARING scheduled this day pursuant to action of the Council on July 22, 2003, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on changing certain polling place locations and precinct names.

There was no one present to speak on this application.

Thereupon, an Ordinance entitled, "An Ordinance to amend and reordain Section 14.1-82 of the Code of the City of Norfolk, Virginia, 1979, SO AS TO change the Voting Place of the Titustown Center Precinct to the Titustown Recreation Center, 7545 Diven Street," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective August 19, 2003.

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

No: None

 

 

PH-4A An Ordinance entitled, "An Ordinance to amend and reordain Section 14.1-85 of the Code of the City of Norfolk,Virginia, 1979, SO AS TO change the Voting Place of the Chrysler Museum Precinct to the Chrysler Museum, 245 West Olney Road," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective August 19, 2003.

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

No: None

PH-4B An Ordinance entitled, "An Ordinance to amend and reordain Section 14.1-19 of the Code of the City of Norfolk, Virginia, 1979, SO AS TO change the name of the Ohef Sholom Precinct to the Chrysler Museum Precinct," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective August 19, 2003.

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

No: None

PH-5 PUBLIC HEARING scheduled this day pursuant to action of the Council on July 22, 2003, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the sale of property located adjacent to Shoulder's Hill Road in the City of Suffolk, to the Commonwealth of Virginia, Department of Transportation.

There was no one present to speak on this application.

Thereupon, an Ordinance entitled, "An Ordinance approving the conveyance of a parcel of property approximately 0.010 acre in area, located adjacent to Shoulder’s Hill Road in the City of Suffolk, to the Commonwealth of Virginia, Department of Transportation," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective September 19, 2003.

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

No: None

 

PH-6 PUBLIC HEARING scheduled this day pursuant to action of the Council on July 22, 2003, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the conveyance of the Adam Thoroughgood House to the City of Virginia Beach.

George Jean, 1400 Mediterranean Avenue, Virginia Beach, Virginia, spoke in support of this matter.

Thereupon, an Ordinance entitled, "An Ordinance authorizing the conveyance of the city-owned Adam Thoroughgood House, outbuildings and adjoining grounds to the City of Virginia Beach and approving the terms and conditions of an agreement among the City of Norfolk, the City of Virginia Beach and the Chrysler Museum, Inc. in regard to the conveyance of the property," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective September 19, 2003.

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

No: None

PH-7 PUBLIC HEARING scheduled this day pursuant to action of the Council on July 22, 2003, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the sale of city-owned property located at St. Paul's Boulevard and East Freemason Street to St. Paul's Company, L.L.C.

Jack Pope, 214 44th Street, representative for the applicant, was present to answer questions.

Thereupon, an Ordinance entitled, "An Ordinance approving an agreement for the sale of, and specifying the development thereon of certain city-owned property located in Norfolk on St. Paul’s Boulevard and East Freemason Street, consisting of five adjacent parcels comprising NRHA parcels 72, 24B-2A, 24B-3A, 24A-1, and 40-A1, to the St. Paul’s Place Company, L.L.C., and authorizing the conveyance of the property and the terms thereto," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective September 19, 2003.

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

No: None

CONSENT AGENDA

C-1 Letter from the City Manager transmitting financial statements as of May 31, 2003.

ACTION: Received and filed.

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

No: None

C-2 Letter from the City Manager recommending a public hearing be held to hear comments on a lease agreement with SunTrust Bank for a portion of city-owned property located in the City Hall Avenue Parking Garage.

ACTION: City Clerk authorized to advertise for a public hearing on September 9, 2003.

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

No: None

C-3 Letter from the City Manager recommending a public hearing be held on the application of Old Dominion Real Estate Foundation to close, vacate, and discontinue the entire right of way of 44th Street from the east side of Monarch Way running eastwardly to the west side of Killam Avenue.

ACTION: City Clerk authorized to advertise for a public hearing on September 9, 2003.

Yes: Burfoot, Hester, Riddick, 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 to allow operation of an entertainment establishment and a commercial recreation center at 2325 East Little Creek Road," was introduced in writing and read by its title.

(Delayed at the meeting of July 22, 2003)

ACTION: The Ordinance as introduced was adopted, effective August 19, 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 approving the application for and acceptance of a grant award in the amount of $380,177 from the Commonwealth of Virginia, Department of Criminal Justice Services, to support the Victim/Witness Assistance Program for the Office of the Norfolk Commonwealth's Attorney, appropriating the funds therefore, authorizing the City Manager to employ nine persons in a Special Project Employee status for the Victim/Witness Assistance Program and authorizing expenditure of grant funds for the salaries and benefits for the created positions," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective August 19, 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 City Manager to employ one person in a Special Project status and authorizing funds for salary and benefits," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective August 19, 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 accepting a grant award in the amount of $3,000 from the Ronald McDonald House Charities to assist the Norfolk Police Department in teaching children the dangers of drug abuse and associated violence and appropriating the grant funds," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective August 19, 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 approving the release of a utility easement over certain property located in the Riverside Corporate Center," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective August 19, 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 granting permission to Sigfred-Granby Street Properties to encroach into the right of way of an unnamed alley between 112 Brooke Avenue and 225 Granby Street and approving the terms and conditions of the Encroachment Agreement," was introduced in writing and read by its title.

Barbara Zoby, representative for the applicant, 320 West Freemason Street, was present to answer questions.

ACTION: The Ordinance as introduced was adopted, effective August 19, 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 a lease of certain property owned by the City of Norfolk, located on the first floor of the 150 West Main Street building for a period of fifteen years with an additional five year option, upon certain conditions, and authorizing the City Manager to negotiate and execute a Lease Agreement on behalf of the City," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective September 19, 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 approving a lease of certain property owned by the City of Norfolk, located at 204 Main Street for a period up to ten years with an additional five year renewal option, upon certain conditions, and authorizing the City Manager to negotiate and execute a Lease Agreement on behalf of the City," was introduced in writing and read by its title.

ACTION: Delayed one week (August 26, 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 amending the July 1, 2003 General Compensation Plan SO AS TO add one new class title; deleting a position with its salary from the department of Law, and substituting for it a new position at the same salary," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective August 15, 2003.

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

No: None

R-10 Letter from the City Manager and the following two Ordinances:

An Ordinance entitled, "An Ordinance to allow operation of an eating and drinking establishment at 456 Granby Street," was introduced in writing and read by its title.

Barbara Zoby, 320 West Freemason Street, and Kal Kassir, 2009 Alphine Road, Virginia Beach, Virginia, representatives for the applicants, were present to answer questions.

ACTION: The Ordinance as introduced was adopted, effective August 19, 2003.

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

No: None

 

R-10A An Ordinance entitled, "An Ordinance authorizing the sale of alcoholic beverages for off-premises consumption on property located at 456 Granby Street," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective August 19, 2003.

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

No: None

R-11 Letter from the City Manager and a Resolution entitled, "A Resolution in support of Virginia's students," was introduced in writing and read by its title.

ACTION: The Resolution as introduced was adopted, effective August 19, 2003.

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

No: None

R-12 Letter from the City Manager and an Ordinance entitled, "An Ordinance authorizing the City Manager to employ two persons in Special Project employment status and authorizing the funds for salary," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective August 19, 2003.

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

No: None

R-13 An Ordinance entitled, "An Ordinance to change the starting time of the regular weekly City Council meeting scheduled for Tuesday, September 23, 2003, at 7:30 p.m. to 2:30 p.m. in the Council Chamber and to change the starting time of the regular weekly City Council meeting scheduled for Tuesday, September 30, 2003, at 2:30 p.m. to 7:30 p.m. in the Council Chamber," was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective August 19, 2003.

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

No: None

R-14 Letter from the City Manager requesting a public hearing be scheduled for August 26, 2003, at 5 p.m. to hear comments on the proposed Consolidated Plan 2004-2008/2004 Annual Plan.

ACTION: City Clerk authorized to schedule public hearing on August 26, 2003.

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

No: None

NEW BUSINESS

    1. Kenneth Grow, 3741 Ingle Circle, spoke concerning debris issues in the Ingleside vicinity and suggested creating a city team to address emergency debris situations.
    2. Dan Montague, 4605 Krick Street, asked the Council to consider placing a moratorium on the number of storefront churches in the city. He also asked that panhandling at certain major traffic intersections throughout the city be addressed.

3. Anthony Nolan, 402 Peace Haven Drive, asked for assistance in a situation he experienced concerning downtown area vendors.

4. Phillip Hawkins, 3597 Mississippi Avenue, shared his concerns regarding the proposed light rail transit.