NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, APRIL 13, 2004 – 2:30 P.M.

 

Prayer offered by Pastor Jim Morris, Missionary Full Gospel 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 April 13, 2004.

 

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

 

                   No:    None.

 

 

CEREMONIAL MATTER

 

                President Fraim read a proclamation proclaiming April 2004 as Kovar Tootsie Roll Month. Ken Brink and other Knights of Columbus representatives received the proclamation.

 

 

 

 

 

 

 

 

 

PUBLIC HEARINGS

 

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on March 23, 2004, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the application of Your Neighborhood Builder, LLC by Robert Szetela, for a change of zoning from I-1 (Limited Industrial) to conditional R-8 (One-family) on property located on the northeastern corner of Bowdens Ferry Road and 25th Street.

                  

                   Thomas Harris, 1231 West 27th Street, spoke on behalf of this matter.

 

Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at the northeastern corner of the intersection of Bowdens Ferry Road and 25th Street from I-1 (Limited Industrial) to Conditional R-8 (One-Family),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 13, 2004.

 

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

                  

                   No:    None.

 

PH-1A                            President Fraim made a motion to rescind the vote for PH-1.

 

ACTION:   Motion adopted.

 

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

                  

                   No:    None.

 

PH-1B                            Thereupon, An Ordinance as amended was adopted, effective April 13, 2004.

 

ACTION:   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 March 23, 2004, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the application of Morrisette Architecture for a change of zoning from R-15 (High Density Multiple-Family) to R-10 (Townhouse) on property located at 1407 Colonial Avenue.

 

 No one was present to speak concerning this matter.

 

                    Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 1407 Colonial Avenue from R-15 (High Density Multiple Family) to R-10 (Townhouse),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 13, 2004.

 

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

                  

                   No:    None.

 

PH-3                              PUBLIC HEARING scheduled this day under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the tax credits for the renovation of the Selden Arcade and cooperation agreement with NRHA.

 

No one was present to speak concerning this matter.

 

               Thereupon, an Ordinance entitled, “An Ordinance approving in principle the cooperation of the city of Norfolk with the Norfolk Redevelopment and Housing Authority (NRHA) for the renovation of the Selden Arcade, approving the NRHA’s creation of such entities as may be necessary, authorizing the conveyance of the Selden Arcade to an affiliate of the NRHA in order to maximize the tax credits available for the renovation and accepting the conveyance of the title back to the city at the expiration of the tax credit compliance period, and authorizing the cooperation agreement among the city, NRHA and its affiliate,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 14, 2004.

 

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

                  

                   No:    None.

 

 

 

 

 

 

PH-4                              PUBLIC HEARING scheduled this day under the State law, public notice having been inserted in the local press by the City Clerk to hear comments to amend Capital Improvement Program Budget for the fiscal year 2003-2004 authorizing the sale of bonds and appropriating the proceeds for Lambert’s Point Golf Course and Selden Arcade.

 

No one was present to speak concerning this matter.

 

Thereupon, an Ordinance entitled, “An Ordinance to amend and reordain Sections 1 and 2 of the Capital Improvement Program Budget for the fiscal year 2003-2004, SO AS TO increase funding by $6,050,000 for existing projects under the General Capital Improvements Projects entitled Selden Arcade Renovations and Lamberts Point Golf Course in the amounts of $4,050,000 and $2,000,000 respectively and SO AS TO provide that the 2005-2006 budget will include an authorization of the sale of bonds therefore,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 13, 2004.

 

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 held to hear comments on vacating and releasing an existing 10–foot sewer force main easement over certain properties located in Lafayette Shores.

 

ACTION:   City Clerk authorized to advertise for a public hearing on April 27, 2004.

 

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 automobile sales facility by Cavalier Family Used Car Outlet on property located at 6200 East Virginia Beach Boulevard,” was introduced in writing and read by its title.

(Placed on first reading at the meeting of April 6, 2004)

 

Joel Weintraub, attorney for the applicant, 201 East Plume Street; spoke on behalf of this matter; and Mike Baine and Ken Silverman, the applicant’s, 6200 Virginia Beach Boulevard,  were present but did not speak.  

 

Ronald Carrier, 1127 Land Street, president of Hollywood Homes/ Maple Hall Civic League, expressed his concerns of the application, but stated he did not oppose the application.

 

Randy Lassiter, 6037 Frament Avenue, spoke in opposition of the application.

 

ACTION:   The Ordinance as introduced was adopted, effective April 13, 2004.

 

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

                  

                   No:    Riddick.

                               

 

R-2                                 Matter of a letter from the City Manager and an Ordinance entitled, “An Ordinance to repeal subsections (17), (24), (25), (36), (39), (51), (65), (69), (79), (80), (89.5), (91), (99.5), (101), (106), and (109) of Section 25-649; and to amend and reordain subsections (32.3), (48.1), and (48.5) of Section 25-646, of the Norfolk City Code, 1979, relating to right turn on red prohibitions and speed limits SO AS TO allow right turn on red at the named intersections and modify speed limits as indicated,” was introduced in writing and read by its title.

(Passed by at the meeting of April 6, 2004)

 

ACTION:   Continued to April 20, 2004.

 

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

                  

                   No:    None.

 

 

 

 

 

 

 

R-3                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting the offer by Boush Street Holdings, L. L. C. to grant the City of Norfolk a permanent and exclusive easement over certain property located at 160 W. Brambleton Avenue, and authorizing the expenditure of the sum of $1,500.00 for such easement from funds heretofore appropriated,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 13, 2004.

 

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

                  

                   No:    None.

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Norfolk Fine Wine, Inc T/A Total Fine Wine and More to encroach into the right of way of 21st Street with an eighteen inches by fourteen feet (18” x 14’) channel sign,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 13, 2004.

 

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 a deed and release from Verizon Virginia, Inc. (Formerly Bell Atlantic-Virginia) for a certain 20-foot easement in the former right-of-way of Denny’s Road, was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 13, 2004.

 

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

                  

                   No:    None.


 

R-6                                 Letter from the City Manager and a Resolution entitled, “A Resolution approving the exercise by the Economic Development  Authority of the City of Norfolk of powers conferred by the Industrial Development and Revenue Bond Act and Ordinances 26,565, 27,524 and 40,357 of the City of Norfolk in conjunction with the issuance for Sentara Healthcare, a Virginia nonstock corporation, of $350,000,000 of the hereafter described bonds, being comprised of (I) not to exceed $250,000,000 of the Authority’s hospital facilities revenue bonds for (a) the acquisition, construction, renovation, installation and equipping of certain capital expenditures, including (1) a new 6-story, approximately 324, 600 square foot heart hospital and 4-story, approximately 151,000 square foot parking deck at Sentara Norfolk General Hospital, 600 Gresham Drive, in the City of Norfolk, Virginia; (2) a new 4-story, approximately 11,600 square foot patient beds tower and remodeling of certain facilities at Sentara Virginia Beach General Hospital, 1060 First Colonial Road, in the City of Virginia Beach, Virginia; and (3) a new 4-story, approximately 311,000 square foot acute care hospital facility to replace Williamsburg Community Hospital, at Sentara Williamsburg Regional Medical Center, 6601 Mooretown Road, in the County of York, Virginia, and including the acquisition and installation of hospital equipment, including diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, and furnishings and equipment for in-patient and out-patient procedures, treatments and consultations relative to such hospital facilities and (b) to pay a portion of the costs of issuing said bonds, and (II) not to exceed $100,000,000 of the Authority’s hospital facilities revenue and refunding bonds (a) to currently refund the outstanding principal balance of Industrial  Development Authority of the City of Norfolk hospital revenue and refunding bonds (Sentara Hospitals-Norfolk), series 1994A, (b) to undertake certain capital expenditures at Sentara Norfolk General Hospital, 600 Gresham Drive, in the City of Norfolk, Virginia, at Sentara Virginia Beach Hospital, 1060 First Colonial Road, in the City of Virginia Beach, Virginia and at Sentara Hampton General Hospital/Sentara Careplex, 3000 Coliseum Road, in the City of Hampton Virginia, including acute care hospital buildings, diagnostic, therapeutic, surgical and fitness equipment, medical office furnishings and equipment, health care business office furnishings and equipment, and furnishings and equipment for in-patient and out-patient procedures, treatments and consultation relative to such hospital facilities and (c) to pay portion of the costs of issuing said bonds, was introduced in writing and read by its title.

 

Mr. George Consolvo, attorney, 150 West Main Street, was present but did not speak.


 

 

 

ACTION:   The Resolution as introduced was adopted, effective April 13, 2004.

 

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

                  

                   No:    None.

 

R-7                                 Letter from the City Manager and a Resolution entitled, “A Resolution establishing an advisory committee for the purpose of providing advice and guidance to the city on production of a history of Norfolk’s African American community, was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective April 13, 2004.

 

Yes:   Burfoot, Hester, Riddick, 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 29 of the Norfolk City Code, 1979, SO AS TO add one new section prohibiting soliciting in streets, was introduced in writing and read by its title.

 

                   Eloise LaBeau, 3501 Orange Street, and Randy Lassiter, 6037 Frament Avenue, spoke in favor of the application.

 

The following persons spoke in opposition of the application:  David Jarvis, 6325 North Centre Drive, Mattie Stewart, 6325 North Centre Drive, Stephen Connally, 259 Florida Avenue, and Michael Muhammad, 101 West 35th Street.

 

ACTION:   The Ordinance as introduced was adopted, effective April 13, 2004.

 

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

                  

                   No:    Hester, Riddick.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

R-9                                 Letter from the City Manager and a Resolution entitled “A Resolution in support of resolving the state budget deadlock,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective April 13, 2004.

 

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

                  

                   No:    None.

 

R-10                               A Resolution entitled, “A Resolution appointing Robert J. Soble to the Norfolk Redevelopment and Housing Authority for a certain term,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective April 13, 2004.

 

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

                  

                   No:    Hester.

 

 

 

NEW BUSINESS

 

The following persons spoke in support of the Arts and for funding:

 

1.        Mary Beth Dale, Arts Commission, 1223 South Fairwater Street, Ernest L. Jones, 555 Liberty Street, Leslie Friedman, 332 College Place, Chuck McPhillips, Virginia Stage Company, 1543 Colon Road, Frank Felder, Voices of Norfolk, Virginia Goyena, Little Theatre.

 

2.        Allen Carpenter, 336 East McGinnis Circle, urged Council to investigate real estate taxes for senior citizens.