NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, JUNE 8, 2004 – 2:30 P.M.

 

                   Prayer offered by Rev. Bruce Carper, Pastor of Christ United Methodist Church, followed by the Pledge of Allegiance.

 

                                      President Fraim moved to excuse Mr. Riddick and Mr. Wright for their absence from today’s meeting. 

 

Motion adopted.

 

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

                  

                   No:    None.

                                                  

                                      President Fraim moved to dispense with the reading of the minutes of the previous meeting.

 

Motion adopted.

 

Yes:   Burfoot, Hester, Williams, Winn, 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 June 8, 2004.

 

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

 

                   No:    None.

 

 

 

 

 

PUBLIC HEARINGS

 

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on May 11, 2004, 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 to amend the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO create a definition and regulations for bus shelter signs

 

                             Carl Sykes, 720 Shirley Avenue, expressed concern about advertising on public rights of ways, establishing a precedent for others to request the same privilege.

 

                                       Thereupon, an Ordinance entitled, “An Ordinance to amend and reordain Sections 16-3 and 16-6.5 of the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO, create a definition and regulations for bus shelter signs,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 8, 2004.

 

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

 

                   No:    None.

                  

PH-2                              PUBLIC HEARING scheduled this day pursuant to action of the Council on May 11, 2004, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Marine Development, LLC to close, vacate and discontinue portions of Wisteria Place, Bonita Lane and Porpoise Lane.

 

                   Steve Coplon, 1316 Baecher Lane, was present to answer questions.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to close, vacate and discontinue a portion of Wisteria Place,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 8, 2004.

 

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

 

                   No:    None.

 

 

 

PH-2A                            “An Ordinance entitled, “An Ordinance to close, vacate, and discontinue a portion of Porpoise Lane,” was introduced in writing and read by its title.”

 

ACTION:   The Ordinance as introduced was adopted, effective June 8, 2004.

 

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

 

                   No:    None.

 

PH-2B                            “An Ordinance entitled, “An Ordinance to close, vacate and discontinue a portion of Bonita Lane,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 8, 2004.

 

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

 

                   No:    None.

 

CONSENT AGENDA

 

C-1                                  Letter from the City Manager requesting a public hearing be scheduled to hear comments on transferring a single 25-foot lot located on Bowdens Ferry Road to Norfolk Redevelopment and Housing Authority.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 22, 2004.

 

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

 

                   No:    None.

 

 

 

C-2                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the applications of the Elizabeth River Theater Company to amend The General Plan of Norfolk, 1992, to change the land use classification from Industrial/Transportation/Utility to Commercial/Office and for a change of zoning from I-2 (Light Industrial) to conditional C-2 (Corridor Commercial) on premises numbered 809 West 40th Street.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 29, 2004.

 

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

 

                   No:    None.

 

C-3                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the applications of Grove Avenue-Norfolk LC, to amend The General Plan of Norfolk, 1992, to change the land use classification from Low Density Residential to Medium Density Residential and for a change of zoning from R-12 (Medium Density Multiple-Family) and R-8 (One-Family) to conditional R-12 (Medium Density Multiple Family), on premises numbered 9612 Grove Avenue.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 29, 2004.

 

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

 

                   No:    None.

 

C-4                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of the City Planning Commission to amend The General Plan of Norfolk, 1992, so as to revise the Community Design Chapter to include “A Pattern Book for Norfolk Neighborhoods”.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 29, 2004.

 

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

 

                   No:    None.

                  

 

 

C-5                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of Norfolk Redevelopment and Housing Authority to close, vacate and discontinue portions of Monterrado Place, Sinoe Place, Grand Bassa Drive, Monrovia Drive, Liberia Drive, an Unnamed Road, Roberts Road, Hollister Avenue and Mapleton Avenue.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 29, 2004.

 

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

 

                   No:    None.

 

C-6                                 Letter from the City Manager presenting recommendation of the

                   City Planning Commission on the application of Bristol Norfolk Partners, G.P. to close, vacate and discontinue a portion of 16th Street and an Unnamed Lane between 16th and 17th Streets.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 29, 2004.

 

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

 

                   No:    None.

 

C-7                                 Letter from the City Manager requesting a public hearing be scheduled to hear comments on the conveyance of a parcel of land to Norfolk Redevelopment and Housing Authority in the Broad Creek Renaissance area.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 29, 2004.

 

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

 

                   No:    None.

 

 

 

 

REGULAR AGENDA

 

R-1                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving an agreement with Spirit Cruises, LLC t/a Spirit of Norfolk for use of the City’s Otter Berth for operation of a harbor cruise business,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 9, 2004.

 

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

 

                   No:    None.

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Timothy A. Temple to encroach into the right of way of an unnamed lane at the rear of 1459 Kempsville Road with a 75’ x 12’ driveway,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 8, 2004.

 

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

 

                   No:    None.

 

R-3                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting The Wright Company to encroach into the right of way of Websters Court at the rear of 435 Monticello Avenue for an area of 17’ by 5’6” with a replacement fire escape,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 8, 2004.

 

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

 

                   No:    None.

 

 

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Downtown Development Certificate for a residential building located at 388 Boush Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 8, 2004.

 

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

 

                   No:    None.

 

R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the acceptable of a grant of up to $17,343.60 from the Schools and Libraries Division of the Universal Service Administrative Company and appropriating the funds and authorizing their expenditure for the expansion of the telecommunications services and internet access for the Norfolk Public Library,” was introduced in writing and read by its title.

 

                   Mickey Ann Garcia, Norfolk Public Libraries, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective June 8, 2004.

 

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

 

                   No:    None.

 

R-6                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving and authorizing the execution of a Memorandum of Understanding between the City of Norfolk and Norfolk Redevelopment and Housing Authority regarding the waiver of construction permit fees for Hope VI grant development project subsidized replacement housing units in the Broad Creek Renaissance Project Area,” was introduced in writing and read by its title.

 

                   Delphine Pioffret, attorney, 1200 Bank America Center, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective June 8, 2004.

 

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

 

                   No:    None.

 

 

R-7                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting a grant from the United States Department of Agriculture for a Summer Food Service Program for Children and appropriating and authorizing the expenditure of $246,170.00 for the program,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 8, 2004.

 

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

 

                   No:    None.

 

R-8                                 Letter from the City Manager and a Resolution entitled, “A Resolution adopting certain cable-related needs and interests of the community as identified in the staff report and related requirements set forth therein; authorizing the issuance of a request for a renewal proposal for a cable franchise, and closing the initial stage of formal franchise renewal proceedings,” was introduced in writing and read by its title.

 

                   Daniel Montague, 4605 Krick Street, commented he would like to see other cable companies in this area, as Cox Cable seems to continuously raise the rates.

 

ACTION:   The Resolution as introduced was adopted, effective June 8, 2004.

 

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

 

                   No:    None.

 

 

R-9                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting a grant in the amount of $728,378 from the Virginia Department of Criminal Justice Services for the Pretrial Services Program and the Local Offender Treatment and Supervision Program (LOTS), appropriating the funds, authorizing the expenditure of $58,000 in local funding for the LOTS Program and authorizing the employment of nineteen (19) persons for the programs and providing funds for the salaries and benefits of said persons,” was introduced in writing and read by its title.

 

                   Christine Cowan, LOTS/Pretrial Services Program, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2004.

 

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

 

                   No:    None.

 

R-10                               Letter from the City Manager and an Ordinance entitled, “An Ordinance finding a pubic necessity for the acquisition of land for educational purposes; authorizing the acquisition by negotiation or by condemnation of the said property situate in the City of Norfolk and belonging to Chabad Lubavitch of Tidewater, Inc.; authorizing an agreement with the School Board of the City of Norfolk for the funding of such acquisition; and authorizing the expenditure of the sum of $40,500.00 to acquire the same,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 8, 2004.

 

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

 

                   No:    None.

 

R-11                               Letter from the City Manager and an Ordinance entitled, “An Ordinance approving a grant application in the amount of $322,443 to support the continuation of the Victim/Witness Assistance Program and appropriating and authorizing the expenditure of the funds for the program,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 8, 2004.

 

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

 

                   No:    None.

 

R-12                               Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain Section 37-43 of the Norfolk City Code, 1979, SO AS TO add a new subsection (f) to address the vesting in the retirement system of a city employee or a constitutional officer or an employee of a constitutional officer,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 1, 2004.

 

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

 

                   No:    None.

 

R-13                               Letter from the City Manager and an Ordinance entitled, “ An Ordinance to amend and reordain Section 22-1 relating to definitions SO AS TO clarify the definitions, and to add one new subsection numbered 22-14 SO AS TO prohibit a hotel or motel stay in excess of thirty days,” was introduced in writing and read by its title.

 

ACTION:   Continue 2 weeks (June 22, 2004)

 

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

 

                   No:    None.

 

NEW BUSINESS

 

Daniel Montague, 4605 Krick Street, commented about the city spending $3.3 million on beach erosion for sand replenishment rather than using the money elsewhere in the city.