NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
JUNE 29, 2004 – 2:30 P.M.
Prayer offered by Councilman Paul
R. Riddick, 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.
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 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
PUBLIC HEARINGS
PH-1 PUBLIC HEARING scheduled this day pursuant to action of the Council on June 8, 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 General Plan of Norfolk, 1992, so as to revise the Community Design Chapter to include “A Pattern Book for Norfolk Neighborhoods.”
No one was present to speak concerning this matter.
Thereupon, an Ordinance entitled, “An Ordinance to amend the General Plan of Norfolk, 1992, SO AS TO include therein the document known as “A Pattern Book for Norfolk Neighborhoods,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
PH-2 PUBLIC HEARING scheduled this day pursuant to
action of the Council on June 8, 2004, under the State law, public notice
having been inserted in the local press by the City Clerk 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.
James
Turner, 4208 Colonial Avenue, was present to answer questions.
Thereupon, An Ordinance entitled, “An Ordinance to amend the General Plan of Norfolk, 1992, SO AS TO change the land use designation for 809 West 40th Street from Industrial/Transportation/Utility to Commercial/Office,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
PH-2A An Ordinance entitled, “An
Ordinance to rezone 809 West 40th 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 June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
PH-2B An Ordinance
entitled, “An Ordinance to allow off-lot parking at 800 West 39th
Street,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
PH-2C An Ordinance entitled, “An Ordinance
to allow off-lot parking at 3911 Colley Avenue,” was introduced in writing and
read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
PH-3 PUBLIC HEARING scheduled this day pursuant to
action of the Council on June 8, 2004, under the State law, public notice
having been inserted in the local press by the City Clerk 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.
Preston Porter, 9605 Grove
Avenue; Charlotte Michalek, 9540 Grove Avenue;
and David Gills, 9609 Grove Avenue, reserved their comments until July
13, 2004.
ACTION: Public Hearing continued two weeks, July 13, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
PH-4 PUBLIC HEARING scheduled this day pursuant to
action of the Council on June 8, 2004, under the State law, public notice
having been inserted in the local press by the City Clerk on the application of Norfolk Redevelopment and Housing Authority to close, vacate and
discontinue portions of Montserrado Place, Sinoe Place, Grand Bassa Drive,
Monrovia Drive, Liberia Drive, an Unnamed Road, Roberts Road, Hollister Avenue
and Mapleton Avenue.
Delphine G. Profret, 1200 Bank America Center, was
present to answer questions.
Thereupon, An Ordinance entitled, “An Ordinance to close, vacate and discontinue portions of Montserrado Place, Sinoe Place, Grand Bassa Drive, Monrovia Drive, Liberia Drive, an unnamed road, Roberts Road, Hollister Avenue and Mapleton Avenue in the City of Norfolk upon the application of Norfolk Redevelopment and Housing Authority,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
PH-5 PUBLIC HEARING scheduled this day pursuant to
action of the Council on June 8, 2004, under the State law, public notice
having been inserted in the local press by the City Clerk 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: Public Hearing closed and continued generally.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
PH-6 PUBLIC HEARING scheduled this day pursuant to
action of the Council on June 8, 2004, under the State law, public notice
having been inserted in the local press by the City Clerk to hear comments on the conveyance of a parcel of
land to Norfolk Redevelopment and
Housing Authority in the Broad Creek Renaissance area.
Delphine G. Profret, 1200
Bank America Center, was present to answer questions.
Thereupon,
An Ordinance entitled, “An Ordinance authorizing and approving the conveyance
to Norfolk Redevelopment and Housing Authority of certain property described as
Parcel 2, on that certain plat entitled, “Resubdivision of City of Norfolk
Roberts Park Elementary School (D.B. 923, P. 504), (City Deed #4516) and ‘Block
No. 1’, as shown on the plat of subdivision of land known as North Brambleton
(D.B. 584, P. 270), (M.B. 7, P. 79-
Ches.), property of City of Norfolk, Norfolk, Virginia for Norfolk
Redevelopment and Housing Authority,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective July 30, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
PH-7 PUBLIC HEARING scheduled this day pursuant to
action of the Council on June 15, 2004, under the State law, public notice
having been inserted in the local press by the City Clerk to hear comments on the sale of Parcel H, located
on River Edge Road to William Fuller of
Fulco Development, LLC.
No one was present to speak
concerning this matter.
Thereupon,
an Ordinance entitled, “An Ordinance authorizing the sale of the property
described as Parcel “H”, as shown on the plat entitled, “Subdivision of Poplar
Halls, Section Five, Kempsville Magisterial District, Princess Anne County,
VA.,” to Fulco Development, L.L.C. for the sum of $225,000.00, and approving
the purchase and sale agreement,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective July 30, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
PH-8 PUBLIC HEARING scheduled this day pursuant to
action of the Council on June 15, 2004, under the State law, public notice
having been inserted in the local press by the City Clerk to hear comments on
changing the location of the Absentee
Voting Precinct.
No one was
present to speak concerning this matter.
Thereupon,
an Ordinance entitled, “An ordinance to repeal Ordinance Number 41,443 adopted
on June 15, 2004,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
An Ordinance entitled, “An Ordinance to amend Section 14.1-139 of the Norfolk City Code, 1979 SO AS TO change the location of the Absentee Voting Precinct,” will be introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
CONSENT AGENDA
C-1 Letter from the City Manager recommending a
public hearing be scheduled to hear comments on the applications of the East
Ocean View General Plan of Norfolk amendment and East Ocean View Conservation
and Redevelopment Plan Amendment #2.
William Kerry, 2330 Bay Oaks
Place, and Andrew Walick, 545 Mayflower Road, expressed concerned the public
hearing will not be held at a night meeting when more people could be present.
ACTION: City Clerk authorized to advertise for a joint public hearing with NRHA
Board of Commissioners and City Planning Commission on July 20, 2004 at 5:00
p.m.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
REGULAR
AGENDA
R-1 Matter
of a PUBLIC HEARING scheduled this day pursuant to action of the Council
on May 25, 2004, under the State law, public notice having been inserted in the
local press by the City Clerk on the application of Willie Hawkins, Jr. to rezone property located at 916 Pecan Point Road from R-6 (One
Family) to Conditional C-2 (Corridor Commercial).
(Passed by
at the meeting of June 15, 2004)
Willie Hawkins, Jr., 1532
Gardenwood Parkway, Virginia Beach, expressed his desire to purchase the
property to use as an office.
Marvin Rawls, 701 Briar Hill
Road, president of the Poplar Hall Civic League, advised the civic league fully
supports this application.
Harold L. Rayburn, 829 Roundbay
Circle, expressed concern about traffic volume, heavy truck traffic, and
ingress/egress.
James Brown, 2741 Dunkirk Avenue,
was present to support this application, but did not speak.
Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 916 Pecan Point Road from R-6 (One-Family) to Conditional C-2 (Corridor Commercial),” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Williams, Winn, Wright and
Fraim.
R-2 An Ordinance entitled, “An Ordinance to amend and reordain Section 22-1 of the Norfolk City Code, 1979, relating to definitions for hotels, motels and rooming houses 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, with certain exceptions, and to add one new subsection numbered 22-15 SO AS TO require a receipt for payment for lodging in a hotel, motel or rooming house,” was introduced in writing and read by its title.
The following persons spoke concerning this matter. Comments related to the need to provide affordable housing for homeless and low-income persons:
William Joseph Groom, 521 Graydon Avenue, Apartment D; Kimberly Williams, 2616 Bowdens Ferry Road; Neil Walsh, 1367 Cornwall Place; Trish Manthey, 105 Windham Road; and Thaler McCormick, 1411 Ashland Circle.
ACTION: The Original Ordinance was withdrawn and a substitute ordinance introduced and adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Williams, Winn, Wright and
Fraim.
R-3 Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain Section 29-3 of the Norfolk City Code, 1979, concerning curfews for minors,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
R-4 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the City Manager to employ one person 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 June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
R-5 Letter from the City Manager and the following two Ordinances:
An Ordinance entitled, “An Ordinance appropriating and authorizing the expenditure of $37,725.00 from the Commonwealth of Virginia Executive Council on Comprehensive Services for At-Risk Youth and Families for the Norfolk Interagency Consortium Administration Program and authorizing the expenditure of $275,000.00 in local matching funds for the program for the fiscal year 2005,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective July 1, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
R-5A An Ordinance entitled, “An Ordinance authorizing the City Manager to employ four persons in job classifications in the Executive Department for the Norfolk Interagency Consortium Program in the employment status of special project employees and authorizing the expenditure of $312,725.00 for salaries, benefits and support equipment for said persons,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective July 1, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
R-6 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the expansion of a nonconforming structure and use on property located at 2939 East Ocean View Avenue,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
The following persons spoke in support of this application: Michael Bond, applicant, 3833 Bay Oaks Place; John Barkley, 7935 Redmon Road; William Kerry, 2330 Bay Oaks Place.
The following persons spoke in opposition to this application: Aaron Marshall, 3132 E. Ocean View Avenue; James Janata, 3124 E. Ocean View Avenue; Robert Layton, 1501 Bayville Street; Chuck Barackman, 870 W. Ocean View Avenue.
The following opponents were present but did not speak: Charles F. McCallum, 2514 E. Ocean View Avenue, and Pat East, 2044, East Ocean View Avenue.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
R-7 Letter from the City Manager and an Ordinance entitled, “An Ordinance appropriating and authorizing the expenditure of $11,382,961.00 from the Commonwealth of Virginia for the Comprehensive Services Act for At-Risk Youth and Families Funds Pool, appropriating and authorizing the expenditure of $4,068,000.00 in local matching funds from the Norfolk Department of Human Services and Norfolk Public Schools and appropriating and authorizing the expenditure of $100,000.00 in Recovered Social Security Assistance Funds,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective July 1, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
R-8 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting with appreciation the donation to the City of the use of a 2004 Chevrolet Suburban by RK Chevrolet, Inc., for use by the Department of Police,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
R-9 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting the dedication of a utility easement by Bolling Investment Company, LP, and approving the terms of the Deeds of Easement,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
R-10 Letter from the City Manager and an Ordinance entitled, “An Ordinance to schedule the starting time of the Organizational City Council meeting as 12:00 P.M., Thursday, July 1, 2004 in the Council Chamber,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
R-11 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting permission to the owners of those certain properties located at 250-264 West Ocean View in the City of Norfolk to encroach into Chesapeake Bay Avenue with a 24’ long walkways and steps to the beach, upon certain conditions,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
R-12 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the City Manager to enter into an agreement to lease Scope to the Admirals,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
R-13 A Resolution entitled, “A Resolution appointing or reappointing 31 persons to 3 boards, 4 commissions, and 2 authorities for certain terms,” was introduced in writing and read by its title.
ACTION: The Resolution as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
R-14 A Resolution entitled, “A Resolution appointing 25 persons to the Commission to End Homelessness,” was introduced in writing and read by its title.
ACTION: The Resolution as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
R-15 A Resolution entitled, “A Resolution reappointing Theresa W. Whibley, M.D., to the School Board of the City of Norfolk,” was introduced in writing and read by its title.
ACTION: The Resolution as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright
and Fraim.
R-16 A Resolution entitled, “A Resolution reappointing Wilson B. Dodson, III, to the School Board of the City of Norfolk,” was introduced in writing and read by its title.
ACTION: The Resolution as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Williams, and Winn, and Fraim.
R-17 A Resolution entitled, “A Resolution reappointing Alveta V. Green to the School Board of the City of Norfolk,” was introduced in writing and read by its title.
ACTION: The Resolution as introduced was LOST.
Yes: Riddick and Wright.
R-18 A Resolution entitled, “A Resolution appointing Clarence E. Bunch to the School Board of the City of Norfolk,” was introduced in writing and read by its title.
ACTION: The Resolution as introduced was LOST.
Yes: Riddick.
R-19 A Resolution entitled, “A Resolution appointing Ursula Rhodes to the School Board of the City of Norfolk,” was introduced in writing and read by its title.
ACTION: The Resolution as introduced was adopted, effective June 29, 2004.
Yes: Burfoot, Hester, Williams, and Winn, Wright and
Fraim
NEW BUSINESS
Arrah Stevenson, 9618 17th Bay Street,
Apartment A, and Laureen Baker, 9618 17th Bay Street, Apartment A,
asked Council to investigate a police brutality matter.