NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, SEPTEMBER 30, 20037:30 P.M.

 

Prayer offered by Pastor Don Wilson of Ghent United Methodist 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, 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 September 30, 2003.

 

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

 

No:    None.

 

CEREMONIAL MATTER

 

                   A Resolution was read in its entirety and unanimously adopted by the City Council honoring Joshua C. Paige for his years of service on the Norfolk Redevelopment and Housing Authority.

 

The Resolution was received by Mr. Paige who then thanked Council for the   honor.

 

 

PUBLIC HEARINGS

 

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on September 9, 2003, under the State law, public notice having been inserted in the local press by the City Clerk on the application of the City Planning Commission for a zoning ordinance amendment, change of zoning, and street closures on property located in the East Freemason Historic and Cultural Conservation District near Freemason and Cumberland Streets.

 

                   Jack Pope, 214 44th Street, Virginia Beach, was present but did not speak.

 

                   Thereupon, An Ordinance entitled, “An Ordinance An Ordinance to amend and reordain Sections 9-0.9, 9-4.7, 9-4.9 and 9-4.10 of the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO provide appropriate regulations for residential development in the East Freemason Historic and Cultural Conservation District and to further provide for appropriate parking regulations,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 30, 2003.

                  

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

                  

                   No:    None.

 

PH-1A                            An Ordinance entitled, “An Ordinance to rezone property on the southwest corner of East Freemason Street and Cumberland Street from D-2 (Downtown Regional Center) to HC-EF (East Freemason Historic and Cultural Conservation District),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 30, 2003.

                  

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

                  

                   No:    None.

 

 

PH-1B                            An Ordinance entitled, “An Ordinance to close, vacate, and discontinue a portion of Cumberland Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 30, 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 September 9, 2003, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Robert Szetela to close, vacate, and discontinue a portion of Elkhorn Avenue beginning at the southern line of W. 25th Street and extending southward to its terminus.

 

ACTION:   Public hearing closed.  Matter continued for one week, October 7, 2003.

                  

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

                  

                   No:    None.

 

CONSENT AGENDA

 

C-1                                 Letter from the City Manager presenting recommendation of the City Planning Commission on an application for a text amendment to amend D-5 (Waterfront Mixed Use) to establish regulations for a Continuing Care Retirement Community and to create a definition for such use.

 

ACTION:   City Clerk authorized to advertise for a public hearing on October 28, 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 Jonathan Sawyers to change the zoning on property located along the northern line of Widgeon Road and to the east of Tidewater Drive and bounded by Interstate 64 to the north.

 

ACTION:   City Clerk authorized to advertise for a public hearing on October 28, 2003.

                  

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

                  

                   No:    None.

 

C-3                                 Letter from the City Manager advising, in accordance with Chapter 33.1-41 of the Norfolk City Code, of sole source procurements during the month of August 2003 for window replacement  on the upper level of the Scope Arena.

 

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 Stephen Romine for a General Plan amendment and change of zoning from R-6 (One-Family) to conditional C-2 (Corridor Commercial) on property located at 1524-1540 Cowand Avenue, 5600-5620 East Princess Anne Road, and 5617 Elizabeth Avenue.

 

ACTION:   City Clerk authorized to advertise for a public hearing on October 28, 2003.

                  

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

                  

                   No:    None.

 

 

 

C-5                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of Frederick Hafer to close, vacate, and discontinue a portion of Winshire Street beginning at Stratford Street and extending 310 feet, more or less, eastwardly.

 

ACTION:   City Clerk authorized to advertise for a public hearing on October 28, 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 authorizing the operation of an automobile repair establishment at 854 East Little Creek Road,” was introduced in writing and read by its title.

                                      (Passed by at the meeting of September 9, 2003)

 

                   Vincent J. Mastracco (attorney), 150 W. Main Street, and Al Carmichael (developer), 999 Waterside Drive, spoke in support of this matter.

 

 

ACTION:   The Ordinance as introduced was LOST.

 

Yes:   None.

 

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

                  

R-2                                 Letter from the City Manager and an Ordinance entitled, "An Ordinance approving assignment of the Deed of Trust and Deed of Trust Note between Maude Hawkins and the City of Norfolk to a Mr. Leslie Bage,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 30, 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 granting permission to Albert Nichols to encroach into the ten foot utilities and drainage easement at 1712 Tulane Road with a twelve foot wide screened wood deck and roof system for a distance of fifteen feet, and a six foot wide step-down second level deck for a distance of twenty feet,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 30, 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 authorizing the operation of an entertainment establishment on property located at 245 Granby Street,” was introduced in writing and read by its title.

 

                   Baxter Simmons, 245 Granby Street, was present but did not speak.

 

ACTION:   The Ordinance as introduced was adopted, effective September 30, 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 accepting and appropriating a grant of $75,958.18 from the Commonwealth of Virginia, Virginia Department of Health, Office of Emergency Medical Services and authorizing expenditure of $2,879.63 in accrued interest in Special Revenue Account SR30-3374313, for the “Two-for-Life” Program,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 30, 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 amending and reordaining the July 1, 2003 Compensation Plan SO AS TO add provisions governing supplementing the salaries of the City Treasurer and his employees and authorizing the expenditure of $194,311.00 therefore,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 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 to amend and reordain Sections 32-68 and 32-71 of the Norfolk City Code, 1979, SO AS TO clarify the scope of staff services and procedures of the Design Review Committee,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 30, 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 license agreement by and between the City of Norfolk (“City”), Norfolk Redevelopment and Housing Authority (“Authority”) and 345 Granby Associates, L.L.C. (“Grantee”) for the use, by Grantee, of certain demised premises owned by City and Authority located in the vicinity of the new Boush Street Garage and an amended lease between the same parties providing for Grantee’s use of City’s Bute and Freemason Garages during the construction of the new Boush Street Garage,” was introduced in writing and read by its title.

 

                   Joel Weintraub (attorney), 201 E. Plume Street, was present but did not speak.

 

ACTION:   The Ordinance as introduced was adopted, effective September 30, 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 issuance and sale of up to $65,000,000 in variable rate General Obligation Refunding Bonds to refund certain previously issued bonds of the City of Norfolk and authorizing the sale by the City of Norfolk of an option to enter into an Interest Rate Swap Agreement in connection with such refunding bonds,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 30, 2003.

 

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

                  

                   No:    None.

 

R-10                               Letter from the City Manager and an Ordinance entitled, “An Ordinance to waive building permit fees for repair of single family residential structures damaged by Hurricane Isabel,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 30, 2003.

 

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

                  

                   No:    None.

 

NEW BUSINESS

 

1.      Daniel Montague, 4605 Krick Street, urged Council to take steps towards de-regulating power companies such as Dominion Virginia Power.

 

2.      David Aument, 711 Spotswood Avenue,  spoke concerning Blair Middle School and also submitted a proposal which he suggested Council consider.