NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, APRIL 20, 2004 – 2:30 P.M.

 

 

Prayer offered by Vice Mayor Daun Hester, 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 20, 2004.

 

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

 

                    No:          None.

 

CEREMONIAL MATTER

 

                President Fraim read a proclamation proclaiming April 18 thru 24, 2004, National Volunteer Week. Dan Adkins of Human Resources and several of his coordinators received the proclamation.

 

 

 

 

PUBLIC HEARINGS

 

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on March 30, 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 Joseph H. Wharton, Jr., for a text amendment to create the Picadilly Mews Residential Siting Overlay District and to change the zoning from R-8 to the newly created overlay district on property located on Trafalgar Court.

 

                   Joseph H. Wharton, Jr., the applicant, 2404 Potters Road, Virginia Beach, Virginia, was present but did not speak.

 

Thereupon, an Ordinance entitled, “An Ordinance to amend and reordain Chapter 11 of the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO create the Piccadilly Mews Siting Overlay District,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 20, 2004.

 

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 30, 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 Nick’s Restaurant, to amend the General Plan of Norfolk, 1992, to change the land use classification from Industrial/Transportation/

Utility to Commercial/Office and to change the zoning from I-5 (Deep Waterfront Limited Industrial) to Conditional C-2 (Corridor Commercial) on property located at 8700 Hampton Boulevard.

 

David Frazier, 225 Rodman Road, Virginia Beach, Virginia, was present but did not speak.

 

Thereupon, an Ordinance entitled, “An Ordinance to amend the General Plan of Norfolk 1992, SO AS TO change the land use designation for property located in the 8700 block of Hampton Boulevard from industrial/transportation/utility to commercial/office,” was introduced in writing and read by its title.

 

 

 

 

 

 

 

ACTION:   The Ordinance as introduced was adopted, effective April 20, 2004.

 

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

                  

                   No:    None.

 

PH-2A                            An Ordinance entitled, An Ordinance to rezone property located in the 8700 Block of Hampton Boulevard I-5 (Deep Waterfront Limited Industrial) to Conditional C-2 (Corridor Commercial),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 20, 2004.

 

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

                  

                   No:    None.

 

PH-2B                            An Ordinance entitled, “An Ordinance authorizing the operation of an entertainment establishment by Nick’s Restaurant on property located in the 8700 Block of Hampton Boulevard,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 20, 2004.

 

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

                  

                   No:    None.

 

PH-2C                            An Ordinance entitled, “An Ordinance authorizing the sale of alcoholic beverage for on-premises and off-premises consumption by Nick’s Restaurant on property located in the 8700 Block of Hampton Boulevard,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 20, 2004.

 

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 March 30, 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 Norfolk Redevelopment and Housing Authority, for a change of zoning from R-12 (Medium Density Multiple-Family) to R-8 (One-Family) on property located at the southwest corner of Ocean View Avenue and 8th Bay Street.

 

                   Delphine Pioffret, attorney, Bank of America Building, was present to answer any questions.

 

Thereupon, an Ordinance entitled, “An Ordinance to amend and reordain Chapter 11 of the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO create the Ocean View Residential Siting Overlay District,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 20, 2004.

 

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

                  

                   No:    None.

 

PH-3A                            An Ordinance entitled, “An Ordinance to rezone property located at the southwest corner of East Ocean View Avenue and 8th Bay Street from R-12 (Medium Density Multiple-Family) to R-8 (One-Family),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 20, 2004.

 

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 March 30, 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 Norfolk Redevelopment and Housing Authority for a text amendment to create the Ocean View Residential Siting Overlay District and to change the zoning from R-12 (Medium Density Multi-Family) to R-9 (One-Family) on property located on the southeast corner of Ocean View Avenue and Mason Creek Road.

 

Delphine Pioffret, attorney, Bank of America Building, was present to answer any questions.

 

Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at the southeast corner of West Ocean View Avenue and Mason Creek Road from R-12 (Medium Density Multiple-Family) to R-9 (One-Family),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 20, 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 of the application of Axis Development Company to amend the General Plan of Norfolk, 1992, to change the land use classification from Commercial/Office to Mixed-Use and for a change of zoning from I-2 (Light Industrial) to Conditional C-2 (Corridor Commercial) on property located at 808 West 44th Street.

 

 ACTION:   City Clerk authorized to advertise for a public hearing on May 11, 2004.

 

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 the application of Ivan Berger to amend the zoning Ordinance of the City of Norfolk, 1992 to create the Best Square Localized Alternate Overlay District and to established the Best Square Localized Alternate Sign District on property located at the southwest corner of Poplar Hall Drive and North Military Highway.

 

ACTION:   City Clerk authorized to advertise for a public hearing on May 11, 2004.

 

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

                  

                   No:    None.

 

C-3                                 Letter from the City Manager recommending a public hearing be held to hear comments on the application of Jerome Miller for a change of zoning from R-6 (One-Family) to Conditional R-8 (One-Family) on property located 317 Frizzell Street.

 

ACTION:   City Clerk authorized to advertise for a public hearing on May 11, 2004.

 

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

                  

                   No:    None.

 

C-4                                 Letter from the City Manager recommending a public hearing be held to hear comments on the dedication of Shell Road to be used as a public right-of-away.

 

ACTION:   City Clerk authorized to advertise for a public hearing on May 11, 2004.

 

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

                  

                   No:    None.

 

C-5                                 Letter from the City Manager recommending a public hearing be held to hear comments on the application of Savannah Suites for a change of zoning from I-2 (Light Industrial) to Conditional C-2 (Corridor Commercial) on property located at along the southern line of Lowery Road and east of Lance Road.

 

ACTION:   City Clerk authorized to advertise for a public hearing on May 11, 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 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 meetings of April 6, and April 13, 2004)

               

                                                Councilman Riddick made a motion to delete subsection (48.1).

 

ACTION:   The Ordinance as amended was adopted, effective April 20, 2004.

 

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 a grant application in the amount of $63,425.00 to support the continuation of the Violence Against Women V-Stop Program and appropriating and authorizing the expenditure of the grant funds and $29,256.00 in a local cash match amount for the program, was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 20, 2004.

 

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

                  

                   No:    None.

 


                               

R-3                                 Letter from the City Manager and a Resolution entitled, “A Resolution approving the exercise by the Norfolk Airport Authority (the “Authority”) of powers conferred by Chapter 463 of the Acts of Assembly of 1948, as amended, in conjunction with the issuance for Virginia Wesleyan College (the “Applicant”), of not to exceed $7,500,000 of the Authority’s revenue bonds to assist in financing the construction and equipping of dormitory facilities at the college’s campus located at 1584 Wesleyan Drive in Norfolk, Virginia, and paying certain cost incurred in connection with the issuance of such bonds, was introduced in writing and read by its title.

 

                   George Consolvo, bond attorney, 150 West Main Street, was present to answer questions.

 

ACTION:   The Resolution as introduced was adopted, effective April 20, 2004.

 

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

                  

                   No:    None.

               

               

R-4                                 Letter from the City Manager and a Resolution entitled, “A Resolution approving the exercise by the Norfolk Airport Authority (the Authority) of powers conferred by Chapter 463 of the Acts of Assembly of 1948, as amended, in conjunction with the issuance for the Norfolk Botanical Garden Society, Incorporated, a Virginia Corporation (the Applicant), of not to exceed $3,500,000 of the Authority’s revenue bonds to assist in financing the construction and equipping of a children’s garden, including a building, garden structures and landscaped areas, to be located in the Norfolk Botanical Garden (the Project) located at 6700 Azalea Garden Road in Norfolk, Virginia, and paying certain costs incurred in connection with the issuance of such bonds, was introduced in writing and read by its title.

 

George Consolvo, bond attorney, 150 West Main Street, was present to answer questions.

 

ACTION:   The Resolution as introduced was adopted, effective April 20, 2004.

 

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

                  

                   No:    None.


 

R-5                                 Letter from the City Manager and an Ordinance authorizing the City Manager to employ one person in a special project status and authorizing funds for salary, was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 20, 2004.

 

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

                  

                   No:    None.

               

R-6                                 A Resolution entitled, “A Resolution amending Resolution 1231,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective April 20, 2004.

 

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

                  

                   No:    None.

 

 

NEW BUSINESS

 

1.        Daniel Montague, 4605 Krick Street, updated council on recent newspaper articles regarding the light rail and urged council to consider the Maglev, currently running at ODU.

 

2.        Angelia Williams, Library Board Trustee, 3505 Malbon Avenue, briefed council on the current resources the Norfolk Public Library has.