NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
JULY 13, 2004 – 2:30 P.M.
Prayer offered by Councilman Paul
R. Riddick, followed by the Pledge of Allegiance.
President Fraim moved to excuse Mrs.
Hester for her absence from today’s meeting.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and
Fraim.
President Fraim
moved to dispense with the reading of the minutes of the previous meeting.
Motion adopted.
Yes: Burfoot, 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 July 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright,
and Fraim.
CEREMONIAL
MATTER
President Fraim read a proclamation issued to
SNAP4KIDS commending the organization for its work with children who have
special needs and physical challenges.
President Fraim read and
presented a Resolution to Assistant City Manager Shurl Montgomery for his years
of service to the City of Norfolk.
PUBLIC HEARINGS
PH-1 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 issuance
of Wastewater System General Obligation
Bonds.
No one was present concerning
this matter.
Thereupon,
an Ordinance entitled, “An Ordinance
authorizing the issuance and sale of up to $11,100,000 in General Obligation
Bonds by the City of Norfolk to finance wastewater system capital improvements,”
was introduced in writing and read by its title.”
ACTION: The Ordinance as
introduced was adopted, effective July 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-2 PUBLIC HEARING scheduled this day pursuant to
action of the Council on June 22, 2004, under the State law, public notice
having been inserted in the local press on the application of JEROME
MILLER to close, vacate and
discontinue a portion of Spagat Street beginning at the northern line of
Baychester Avenue and extending to the southern line of Kingston Avenue.
Jerome Miller, 1507 E.
Bayview Boulevard, was present on behalf of this matter.
Thereupon, An Ordinance entitled, “An Ordinance to close, vacate
and discontinue a portion of Spagat Street,” was introduced in writing and read
by its title.
ACTION: The Ordinance as
introduced was adopted, effective July 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-3 PUBLIC HEARING scheduled this day pursuant to
action of the Council on June 22, 2004, under the State law, public notice
having been inserted in the local press to
hear comments on the sale of Lot 44, located on W. 40th Street to Dr. Allan S. Zeno.
No one was present concerning
this matter.
Thereupon,
an Ordinance entitled, “An Ordinance
authorizing the sale to Alan S. Zeno of a certain parcel of property described
as lot 44, block 3, located in the City of Norfolk, Virginia, for the sum of
$9,000.00, and approving the purchase and sale agreement,” was introduced in
writing and read by its title.”
ACTION: The Ordinance as
introduced was adopted, effective August 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-4 PUBLIC HEARING scheduled this day pursuant to
action of the Council on June 22, 2004, under the State law, public notice
having been inserted in the local press to hear comments on vacating and
releasing an existing five (5) foot drainage and utility easement to Timothy W. Tracy & Carol L. Tracy.
No one was present concerning
this matter.
Thereupon,
an Ordinance entitled, “An Ordinance
vacating and releasing an existing five (5) foot drainage and utility easement,
shown on that certain plat entitled, “Physical Survey of Taylor’s Lane (closed)
and Lot 7 subdivision of Willow Terrace Section Nine, Norfolk, Virginia for Timothy
W. & Tracy and Carol L. Tracy,” was introduced in writing and read by its
title.”
ACTION: The Ordinance as
introduced was adopted, effective July 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-5 PUBLIC HEARING scheduled this day under the
State law, public notice having been inserted in the local press to hear
comments on the issuance of General Obligation Bonds and a budget amendment to
finance the purchase of certain real property within the boundaries of the
City.
No one was present concerning
this matter.
Thereupon,
an Ordinance entitled, “An Ordinance
authorizing the issuance by the city of Norfolk, Virginia of a General
Obligation Bond in a principal amount of up to $1,775,000 to pay a portion of
the purchase price of certain real property located within the boundaries of
the City of Norfolk,” was introduced in writing and read by its title.”
ACTION: The Ordinance as
introduced was adopted, effective July 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-5A An Ordinance
entitled, “An Ordinance to amend and reordain Sections 1 and 2
of the Capital Improvement Program Budget for Fiscal Year 2004-2005, SO AS
TO establish a new project under the General Capital Improvement Projects
Fund entitled “Anchorage Motor Inn Property Acquisition” in the amount of
$2,357,000; to provide the funds therefor by appropriating $2,357,000, of which
$1,775,000 shall be from a private placement General Obligation Bond and
$582,000 shall be in cash from funds heretofore appropriated in the General
Fund and the Capital Projects Fund Balance; and SO AS TO increase the
funding for the General Capital Improvement Project entitled “Greater Wards
Corner Neighborhood Plan” by $755,000; and to provide the funds therefor from
the issuance of General Obligation Bonds, ” was introduced in writing and read by its title.”
ACTION: The Ordinance as
introduced was adopted, effective July 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
CONSENT AGENDA
C-1 Letter
from the City Manager presenting recommendation of the City Planning Commission
on the applications of Wal-Mart Super
Center to amend The General Plan of Norfolk, 1992, to change the land
use classification from Education, Recreational, Cultural, Open Space and
Environmentally Sensitive to Commercial/Office and for a change of zoning from
IN-1 (Institutional) to C-3 (Retail Center) on premises numbered 7665 Sewells Point Road.
ACTION: City
Clerk authorized to advertise for a public hearing on August 17, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
C-2 Letter from the City Manager presenting
recommendation of the City Planning Commission on the application of John’s Place Groceries, for a change of
zoning from R-7 (One-Family) to conditional C-1 (Limited Commercial) on
premises numbered 3032 Oklahoma Avenue.
ACTION: City Clerk authorized to advertise for a public hearing on August 17,
2004.
Yes: Burfoot, 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 Parcel B located in the Marshall Manor subdivision to Norfolk Redevelopment and Housing Authority as a part of the Broad
Creek Renaissance project.
ACTION: Changed
to item R-7 under the Regular Agenda.
C-4 Letter from the City Manager presenting
recommendation of the City Planning Commission on the applications of Hampton Roads Shipping Association to
amend The General Plan of Norfolk, 1992, to change the land use
classification from Education, Recreational, Cultural, Open Space and
Environmentally Sensitive to Industrial/Transportation/Utility and for a change
of zoning from OSP (Open Space Preservation) to conditional I-1 (Limited
Industrial) on property located on the southeast corner of Hampton
Boulevard and International Terminal Boulevard.
ACTION: City
Clerk to advertise for a public hearing on August 24, 2004.
Yes: Burfoot, 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 General Plan of Norfolk, 1992, as amended, a
report entitled “Fairmount Park
Neighborhood Revitalization Implementation Plan, May 2004”.
ACTION: City Clerk authorized to advertise for a public hearing on August 17,
2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
REGULAR
AGENDA
R-1 Matter of a 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.
(Passed by
at the meeting of June 29, 2004)
Charlotte Michalek,
9540 Grove Avenue, and Preston Porter, 9605 Grove Avenue, were present in
opposition to this matter 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 9612 Grove Avenue from
low density residential to medium density residential,” was introduced in
writing and read by its title.”
ACTION: The Ordinance as
introduced was LOST.
Yes: None.
No: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
R-1A An Ordinance to
rezone 9612 Grove Avenue from R-12 (Medium Density Multiple-Family) and R-8
(One-Family) to conditional R-12 (Medium Density Multiple-Family),” was
introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was LOST.
Yes: None.
No: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
R-2 Letter from the
City Manager and an Ordinance entitled, “An Ordinance authorizing the operation
of an eating and drinking establishment on property located at 5008 Colley Avenue,” was introduced in
writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective July 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-3 Letter from the
City Manager and an Ordinance entitled, “An Ordinance authorizing the Director
of Finance to credit various accounts of the Department of Utilities in the
total amount of $596,271.05 SO AS TO reflect
uncollectible balances for fiscal year 2000,” was introduced in writing and
read by its title.
ACTION: The Ordinance as
introduced was adopted, effective July 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-4 Letter from the
City Manager and an Ordinance entitled, “An Ordinance accepting and
appropriating $10,080.00 in grant funds from the Edward Byrne/Community-Oriented Justice Program Criminal Justice Record
System Improvements Grant for a Live-Scan Management Software System for the Norfolk Police Department, authorizing a
local cash match of $3,360.00 to purchase and install the system and
authorizing the expenditure of the funds for the system,” was introduced in
writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective July 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-5 Letter from the
City Manager and an Ordinance entitled, “An Ordinance to establish certain new
fees and to continue various other fees charged by the High Constable,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective July 1, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-6 Letter from the
City Manager and the following three Ordinances:
An
Ordinance entitled, “An Ordinance authorizing the operation of an entertainment
establishment on property located at 701,
711 & 715 Granby Street,”
was introduced in writing and read by its title.
Garry Cooley, 701 Granby
Street, was present on behalf of this matter.
Marshall Walker, 150 W.
Brambleton Avenue, expressed opposition to losing parking spaces dedicated to
Landmark Communications.
ACTION: The Ordinance as
introduced was adopted, effective July 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-6A An Ordinance
entitled, “An Ordinance to allow off-lot parking to the southeast corner of Starke Street and Granby Street,” was
introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective July 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-6B An
Ordinance entitled, “An Ordinance to allow off-lot parking at the southwest
corner of Olney Road and Magazine Lane,”
was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective July 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-7 An Ordinance
entitled, “An Ordinance authorizing and approving the conveyance to the City of
Norfolk of certain property described as Parcel B-9 as shown on a plat
entitled, “Broad Creek Phase IIA-1, being a subdivision of Parcel B,
subdivision of Marshall Manor (M.B. 54 P.25-26) for community builders,” was
introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective July 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-8 A Resolution
entitled, “A Resolution appointing two additional persons to the Advisory
Committee of the History of Norfolk’s African American Community,” was introduced
in writing and read by its title.
ACTION: The Resolution as
introduced was adopted, effective July 13, 2004.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
NEW
BUSINESS
Daniel Montague, 4605 Krick
Street, commented the City of Norfolk needs to move forward with electing its
mayor.