NORFOLK, VIRGINIA

 

ACTION FOR THE COUNCIL

 

TUESDAY, MAY 11, 2004 – 2:30 P.M.

 

Prayer offered by Reverend Clayton Bailey, Pastor of St. John Lutheran Church, 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.

 

CEREMONIAL MATTER

 

                   President Fraim presented a proclamation to Dr. Anupama Keats, Programs Manager for Foster Care & Adoption, Department of Human Services, proclaiming May 2004 as Foster Care Month.  The following persons were also present for acceptance of the presentation:  Nancy Brock, Clifton Cabarras, Jan Callaghan, Virginia Turner and Marion White.

                               

PUBLIC HEARINGS

 

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on April 20, 2004, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Jerome Miller for a change of zoning on property located 317 Frizzell Avenue from R-6 (One-Family) to Conditional R-8 (One-Family).

                  

                   Jerome Miller, the applicant, 1507 East Bayview Boulevard, was present to answer questions.


 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone 317 Frizzell Avenue from R-6 (One-Family) to Conditional R-8 (One Family), was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 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 April 20, 2004, under the State law, public notice having been inserted in the local press by the City Clerk on the applications 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.

 

                   There was no one present to speak concerning this matter.

 

                   Motion was made to continue the matter until May 25, 2004.

 

ACTION:   Continued until May 25, 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 April 20, 2004, under the State law, public notice having been inserted in the local press by the City Clerk on the applications 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, and amending Section 2-3 of the City of Norfolk Zoning Ordinance, 1992.

 

                   There was no one present to speak concerning this matter.


 

                   Thereupon, the following four Ordinances were introduced:

 

                                      An Ordinance entitled, “An Ordinance to amend the General Plan of Norfolk, 1992, SO AS TO change the land use designation for property located at 808 West 44th Street from Commercial/Office to Mixed Use,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 2004.

 

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

 

                   No:    None.

 

PH-3A                            An Ordinance entitled, “An Ordinance to rezone property located at 808 West 44th Street from I-2 (Light Industrial) to conditional C-2 (Corridor Commercial),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 2004.

 

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

 

                   No:    None.

 

PH-3B                            An Ordinance entitled, “An Ordinance to amend and reordain Section 2-3 of the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO provide a definition for mixed uses and further to amend Table 6-5 SO AS TO permit mixed uses in the C-2 (Corridor Commercial) District, subject to a special exception,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 2004.

 

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

 

                   No:    None.


 

PH-3B                            An Ordinance entitled, “An Ordinance authorizing the operation of a mixed use facility on property located at 808 West 44th Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 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 April 20, 2004, under the State law, public notice having been inserted in the local press by the City Clerk 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.

 

                   The applicants, Greg Dodd, 300 George Washington Highway, Chesapeake, Virginia; Brian McCarthy and Thelma Wilke, P. O. Box 467365, Atlanta, Georgia, were present to answer questions.

 

                   Motion was made to continue generally.

 

ACTION:   Continued generally.

 

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 April 20, 2004, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the dedication of Shell Road to be used as a public right-of-away.

 

                   There was no one present to speak concerning this matter.

 

ACTION:   The Ordinance as introduced was adopted, effective June 11, 2004.

 

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

 

                   No:    None.

 


 

CONSENT AGENDA

 

C-1                                 Letter from the City Manager requesting a public hearing be scheduled to hear comments on a three-year lease agreement between the City of Norfolk and Little Creek National Pony Baseball League, Inc., for a parcel of land, with buildings and improvements thereon, located on property known as Tarrallton Park.

 

ACTION:   City Clerk authorized to advertise for a public hearing on May 25, 2004.

 

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

 

                   No:    None.

 

C-2                                 Letter from the City Manager requesting a public hearing be scheduled to hear comments on a five-year lease between the City of Norfolk and Professional Staffing, Inc., for a 2,378 square-foot space on the first floor of the Commercial Place Garage.

 

ACTION:   City Clerk authorized to advertise for a public hearing on May 25, 2004.

 

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

 

                   No:    None.

 

C-3                                 Letter from the City Manager requesting a public hearing be scheduled to hear comments on the conveyance of certain property known as Lots 47 and 48, located on the south side of Pleasant Avenue at 27th Bay Street, from the City of Norfolk to Norfolk Redevelopment and Housing Authority.

 

ACTION:   City Clerk authorized to advertise for a public hearing on May 25, 2004.

 

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

 

                   No:    None.


 

C-4                                 Letter from the City Manager requesting a public hearing be scheduled to hear comments on the conveyance of certain property known as Lots 31 and 32, located on the north side of Pleasant Avenue at 27th Bay Street, from the City of Norfolk to Norfolk Redevelopment and Housing Authority.

 

ACTION:   City Clerk authorized to advertise for a public hearing on May 25, 2004.

 

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 the City Planning Commission to amend the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO create a definition and regulations for bus shelter signs.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 8, 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 authorizing the sale of beer and wine for off-premises consumption by River Oaks Shell on property located at 5369 E. Princess Anne Roadwas introduced in writing and read by its title.

                                      (Passed by at the meetings of March 16, 2004, and April 6, 2004.)

 

                   Richard Doummar, attorney for the applicant, 3330 Pacific Avenue, Virginia Beach, explained the applicant does not intend to sell single-serving beer.

 

                   Cheri Taylor, President of Fox Hall/Lansdale Civic League, 4913 Cape Henry Avenue, spoke in opposition of the application.

 

ACTION:   The Ordinance as introduced was LOST.

 

Yes:   Riddick.

 

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

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the Five Points Community Streetscape Master Plan,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 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 authorizing the operation of an entertainment establishment on property located at 271 Granby Street,” was introduced in writing and read by its title.

 

                   David Hausmann, 271 Granby Street, and Peter Decker, III, attorney for the applicant, 201 East Plume Street, were present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 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 granting C & H General Contracting, Inc., dba C & H Concrete, permission to encroach into the right of way of Whitehead Avenue and Culpepper Street and approving the terms and conditions of the Encroachment Agreement,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 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 amending the July 1, 2003 General Employee and Senior Management Compensation Plans,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 2004.

 

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

 

                   No:    None.

 

R-6                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the acceptance of grant funds from the Virginia Department of Transportation under the Intermodal Surface Transportation Efficiencies Act (ISTEA) program for the Attucks Historic Pedestrian Walkway project, appropriating and authorizing the expenditure of the grant amount of $800,000 for use in conjunction with the design and construction of improvements related to the project, if and when made available, and authorizing the expenditure of local matching funds in the amount of $200,000 for the project,” was introduced in writing and read by its title.

                  

                   Daniel Montague, 4605 Krick Street, spoke in support of the application.  He suggested placing plaques at Norfolk Botanical Garden, Norfolk International Airport and the Virginia Zoo commemorating the black women who cleared the land at these sites.  He also commented an air show will not be held in the city for the second year in a row.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 2004.

 

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 Ordinance Number 41,362 SO AS TO authorize the conveyance of the Selden Arcade to the Norfolk Redevelopment and Housing Authority (NRHA),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 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 authorizing the City Manager to employ two persons 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 May 11, 2004.

 

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

 

                   No:    None.

 

R-9                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting OTW Partners, LLC, to encroach into the right of way of Marshall Avenue, approximately two feet (2’) with an existing house at 1501 Link Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 2004.

 

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

 

                   No:    None.

 

R-10                               An Ordinance entitled, “An Ordinance to waive building permit fees for repair of certain structures damaged by Hurricane Isabel,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 2004.

 

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

 

                   No:    None.

 

R-11                               An Ordinance entitled, “An Ordinance approving in principle the making of certain payments up to an aggregate amount of $267,000 to the Norfolk Redevelopment and Housing Authority for purposes of facilitating the construction of improvements within the Downtown West Conservation Project,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 2004.

 

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

 

                   No:    None.

 

R-12                               An Ordinance entitled, “An Ordinance approving in principle the making of certain payments up to an aggregate amount of $300,000 to the Norfolk Redevelopment and Housing Authority for purposes of facilitating the construction of improvements within the Downtown West Conservation Project,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 11, 2004.

 

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

 

                   No:    None.