NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, SEPTEMBER 9, 20032:30 P.M.

 

Prayer offered by The Reverend John M. Eidam, St. Peter’s Episcopal Church, followed by the Pledge of Allegiance.

 

President Fraim moved to excuse Mr. Riddick for his absence from today’s meeting.

 

Motion adopted.

 

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

 

                   No:    None.

               

PUBLIC HEARINGS

 

PH-1                              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 Broad Creek Renaissance/Hope VI Initiative.

 

                                There was no one was present to speak concerning this matter.

                   Thereupon, An Ordinance entitled, “An Ordinance to repeal Ordinance No. 40,803 and to designate an area in the city as the “Broad Creek Renaissance District” Development Project Area and to adopt tax increment financing in this area,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 9, 2003.

 

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

 

                   No:  None.

 

 

 

 

 

 

 

 

 

 

 

PH-1A                            An Ordinance entitled, “An Ordinance authorizing the issuance and sale of up to $13,000,000 in obligations by the City of Norfolk to finance development project costs in the Broad Creek Renaissance District,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 9, 2003.

 

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

 

                   No:  None.

 

PH-2                              PUBLIC HEARING scheduled this day pursuant to action of the Council on August 19, 2003, under the State law, public notice having been inserted in the local press by the City Clerk 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.

 

                   There was no one present to speak concerning this matter.

 

Thereupon, an Ordinance entitled, “An Ordinance vacating that portion of the right-of-way of 44th Street that extends from the western line of Killam Avenue to the eastern terminus of the portion of 44th Street closed by Ordinance No. 40,104,” was introduced in writing and read by its title.

ACTION:   The Ordinance as introduced was adopted, effective September 9, 2003.

 

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

 

                   No:  None.

 

PH-3                              PUBLIC HEARING scheduled this day pursuant to action of the Council on August 19, 2003, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on a lease agreement with Sun Trust Bank for a portion of city-owned property located in the City Hall Avenue Parking Garage.

 

                   There was no one present to speak concerning this matter.

 

                  

Thereupon, an Ordinance entitled, “An Ordinance approving a lease of certain property owned by the City of Norfolk, located on the first floor of the building located at 200 Boush Street, totaling approximately 7,140 square feet, for a period of five years, upon 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 October 10, 2003.

 

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

 

                   No:  None.

 

 

PH-4                              PUBLIC HEARING scheduled this day pursuant to action of the Council on August 26, 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 a city-owned, 3,800 square foot parcel of land located on Sussex Place near Hampton Boulevard.

 

                   There was no one present to speak concerning this matter.

 

Thereupon, an Ordinance entitled, “An Ordinance authorizing the sale of certain property owned by the City of Norfolk to Richard P. Ciavarra and Deborah L. Sullivan, for the sum of $4,700.00 and approving the purchase and sale agreement,” was introduced in writing and read by its title.

ACTION:   The Ordinance as introduced was adopted, effective October 10, 2003.

 

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

 

                   No:  None.

 

CONSENT AGENDA

 

C-1                                 Letter from the City Manager recommending a public hearing be held 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.

 

ACTION:   City Clerk authorized to advertise for a public hearing on September  30, 2003.

 

                   Yes:  Burfoot, Hester, 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 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:   City Clerk authorized to advertise for a public hearing on September  30, 2003.

 

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

 

                   No:  None.

 

C-3                                 Letter from the City Manager advising, in accordance with Chapters 33.1-40 and 33.1-41 of the Norfolk City Code, of sole source procurements during the month of August 2003 for upgrades to the Facility Maintenance Energy Management and Control System.

 

ACTION:   Received and filed.

 

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

 

                   No:  None.

 

C-4                                 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 July 2003 for the decontamination system, software maintenance/support, and financial consulting services.

 

ACTION:   Received and filed.

 

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

 

                   No:  None.

 

C-5                                 Letter from the City Manager requesting that the applications of Bay Congregation of Jehovah’s Witnesses to amend the General Plan and change the zoning on property fronting 50 feet, more or less, along the northern line of Widgeon Road, east of Tidewater Drive and south of Interstate 64 be withdrawn.

 

ACTION:   Applications withdrawn.

 

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

 

                   No:  None.

 

 

 

 

REGULAR AGENDA

 

 

R-1                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the operation of a gas station on property located at 3350 Chesapeake Boulevard,” was introduced in writing and read by its title.

 

                   Eloise LaBeau, 3501 Orange Street, and Daniel Montague, 4605 Krick Street, were present in support of this application.

 

ACTION:   The Ordinance as introduced was adopted, effective September 9, 2003.

 

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

 

                   No:  None.

                                     

R-2                                 Letter from the City Manager and an Ordinance entitled, "An Ordinance authorizing a religious institution on property located at 7416 Evelyn T. Butts Avenue,” was introduced in writing and read by its title.

 

                   Owen Davis, 5576 Cabin John Drive, Virginia Beach, was present on behalf of the applicant but did not speak.

 

                   Daniel Montague, 4605 Krick Street, objected to property being taken off the tax roll for churches.

 

ACTION:   The Ordinance as introduced was adopted, effective September 9, 2003.

 

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

 

                   No:  None.

 

R-3                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the acquisition of a 20’ drainage easement over certain property owned by Lake Wright Hospitality, LLC located near the intersection of Military Highway and Elizabeth Avenue,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 9, 2003.

 

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

 

                   No:  None.

 

 

 

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting $58,898.60 from the Schools and Libraries division of Universal Service Funds E-Rate Grant of the Federal Communications Commission and appropriating same to special revenue account SR-30765,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 9, 2003.

 

                   Yes:  Burfoot, Hester, 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 drainage easement over certain property owned by James R. Paschal adjacent to Bayview Boulevard,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 9, 2003.

 

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

 

                   No:  None.

 

R-6                                 Letter from the City Manager and a Resolution entitled, “A Resolution approving the Community Services Board’s performance contract for Fiscal Year 2003-2004,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective September 9, 2003.

 

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

 

                   No:  None.

 

R-7                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving an encroachment agreement with MSM Associates for property at 456 Granby Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 9, 2003.

 

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

 

                   No:  None.

 

 

 

 

R-8                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain Chapter 2 of the Code of the City of Norfolk, 1979, by adding one new section numbered 2-173 SO AS TO create a cruise bureau at the National Maritime Center and providing for the duties and management of the bureau,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2003.

 

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

 

                   No:  None.

 

R-9                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Downtown Development Certificate for a professional office building located at 423-425 Monticello Avenue,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 9, 2003.

 

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

 

                   No:  None.

 

R-10                               Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting a grant from the United States Department of Housing and Urban Development under the Brownsfields Economic Development Initiative Program, and appropriating the grant amount of $2 million for use in conjunction with the design and construction of infrastructure improvements related to the Broad Creek Renaissance/Hope VI Initiative,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 9, 2003.

 

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

 

                   No:  None.

 

 

 

 

 

 

 

 

 

R-11                               Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend Section 2-49 (a) of the Norfolk City Code, relating to leave of absence, SO AS TO repeal the limitation on use of such leave within six months after employment,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 9, 2003.

 

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

 

                   No:  None.

 

R-12                               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.

 

ACTION:   Application continued until September 30, 2003.

 

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

 

                   No:  None.

 

R-13                               Letter from the City Manager and an Ordinance entitled, “An Ordinance approving a license between the City of Norfolk and the City of Suffolk,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 9, 2003.

 

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

 

                   No:  None.

 

R-14                               An Ordinance entitled, “An Ordinance to change the starting time of the regular weekly City Council meeting scheduled for Tuesday, September 16, 2003, at 2:30 p.m. to September 15, 2003 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 9, 2003.

 

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

 

                   No:  None.

 

 

 

 

 

R-15                               An Ordinance entitled, “An Ordinance to amend and reordain Section 4 of Ordinance No. 41,140 entitled “An Ordinance approving a lease extension agreement with Bank of America, N.A. and Robert Baydush, co-trustees under the will of Boris Baydush, relative to certain property located between Duke Street, Grace Street, Boush Street and Brambleton Avenue, commonly known as the Franklin Building, and authorizing the expenditure of the sum of $163,333.36 for such purpose from funds heretofore appropriated” adopted August 26, 2003, SO AS TO make the Ordinance effective as of the date of its adoption,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 9, 2003.

 

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

 

                   No:  None.

 

NEW BUSINESS

 

1.      Daniel Montague, 4605 Krick Street, commented on mass transit suggesting that the city should support ODU’s Mag Lev project.

 

2.      John O’Brien, 97 Chestnut Hill Road, Amherst, New Hampshire, urged Council to provide the Police Department with the necessary resources that would permit them to continue investigating his daughter’s murder which occurred twenty-three years ago as of today.