NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
AUGUST 17, 2004 – 2:30 P.M.
Prayer offered by the Honorable
Yvonne B. Miller, 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 August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
CEREMONIAL MATTERS
President Fraim read a Resolution
in memory of Minnie Gregg Madrey, recognizing her many years of dedicated and devoted service
to the City of Norfolk and citizens of Berkley.
The Resolution was received by her sister, Emma Gregg Harris.
PUBLIC HEARINGS
PH-1 PUBLIC HEARING scheduled this day pursuant to action of the Council on July 13, 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, as amended, a report entitled “Fairmount Park Neighborhood Revitalization Implementation Plan, May 2004”.
Raymond Boland, 2707
Somme Avenue, and Janet Reed, 2410 St. Dennis Avenue, spoke in support of this
application.
Thereupon,
an Ordinance entitled, “An Ordinance to amend the General Plan of Norfolk,
1992, SO AS TO, amend the “Fairmount Park Neighborhood Revitalization Implementation
Plan, May 2004,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 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 July 13, 2004, under the State law, public notice
having been inserted in the local press 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 and for special
exceptions on property located on the southeast corner of Sewells Point Road 1)
to operate an automobile repair facility, 2) to operate a gas station, 3) to
operate a drive through, 4) to permit the sale of alcoholic beverages for
off-premises consumption and 5) to operate a retail establishment after
midnight.
Attorneys R. J. Nutter and
Tom Kleine, 222 Central Park Avenue, Virginia Beach,
were present to answer questions.
Thereupon,
An Ordinance entitled, “An Ordinance, “An Ordinance to rezone property located
at 7665 Sewells Point Road from IN-1
(Institutional) to C-3 (Retail Center),” was introduced in writing and read by
its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-2a 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 7665
Sewells Point Road from education,
recreational, cultural, open space and environmentally sensitive to
commercial/office,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-2b An Ordinance
entitled, “An Ordinance to allow the operation of a retail establishment at
property located on the southeast corner of East Little Creek Road and
Tidewater Drive between the hours of 12:00 midnight and 6:00 a.m.,” was
introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-2c An Ordinance
entitled, “An Ordinance authorizing a commercial drive-through facility on
property located on the southeast corner of East Little Creek Road and
Tidewater Drive.,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-2d An Ordinance
entitled, “An Ordinance authorizing the sale of alcoholic beverages for
off-premises consumption on property located on the southeast corner of East
Little Creek Road and Tidewater Drive,” was introduced in writing and read by
its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-2e An Ordinance
entitled, “An Ordinance authorizing a gas station on property located at the
southeast corner of East Little Creek Road and Tidewater Drive,” was introduced
in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-2f An Ordinance
entitled, “An Ordinance to allow operation of an automobile repair facility on
property located at the southeast corner of East Little Creek Road and
Tidewater Drive,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 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 July 13, 2004, under the State law, public notice
having been inserted in the local press 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.
The following opponents
spoke: Eloise LaBeau,
3501 Orange Street, President of Estabrook Civic
League; Daniel Montague, 4605 Krick Street, President
of Sherwood Forest Civic League; Sherrie Bishop, 2321 Palmyra Street, President
of Coleman Place Civic League; and Fred Gallup, 2432 Wyoming Avenue.
Thereupon,
An Ordinance entitled, “An Ordinance to rezone property located at 3032
Oklahoma Avenue from R-7 (One-Family) to conditional C-1 (Limited Commercial),”
was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was LOST.
Yes: None.
No: Burfoot,
Hester, Riddick, Williams, Winn, Wright, and Fraim.
PH-4 PUBLIC HEARING scheduled this day pursuant to
action of the Council on July 20, 2004, under the State law, public notice
having been inserted in the local press on the application of John and
Joanne Benedict to close, vacate and discontinue a portion of Cambridge
Place that extends northwardly 140 feet, more or less, from Hanover Avenue to
its terminus.
John Benedict, applicant, 904
Hanover Avenue, was present to answer questions.
Susan Roady,
1011 Manchester Avenue, objected to the property being developed as a separate
lot.
C. John Clarkson, 909 Hanover
Avenue, spoke in support of this application.
Thereupon,
an Ordinance entitled, “An Ordinance vacating a portion of Cambridge Place, accepting
the dedication of a utility easement by John C. and Joanne C. Benedict and
approving the terms of the deed of easement,” was introduced in writing and
read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
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 July 20, 2004, under the State law, on the
applications of Burkhart-Thomas-Reed for a change of zoning from R-8
(One-Family) district to conditional R-14(High Density Multiple-Family)
district and to amend The General Plan of Norfolk, 1992, to change the
land use classification from Low Density Residential to High Density
Residential.
(THE
APPLICANT HAS REQUESTED THAT THIS APPLICATION BE WITHDRAWN).
ACTION: Public Hearing
Withdrawn.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-6 PUBLIC HEARING scheduled this day under the
State law, public notice having been inserted in the local press to hear
comments on changing and renaming the polling place for Norview Recreation Center.
No one was present concerning
this matter.
Thereupon, an Ordinance entitled, “An Ordinance to
amend and reordain Section 14.1-111 of the Norfolk City Code, 1979, SO AS TO, change the location of the
voting place and the name of the voting precinct to reflect the change of the
voting place, and to amend the title of Section, 14.1-45 and to amend
Subsection (15) of Section 14.1-75 to reflect the change in the name of the
precinct,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 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 an amendment to the Lease Agreement between the City and NOAA for space at Nauticus.
ACTION: City Clerk authorized to advertise for a public hearing on August 31,
2004.
Yes: Burfoot, Hester, 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 the City of Norfolk to close, vacate
and discontinue a portion of Fort Street
and Woodis Avenue.
ACTION: City Clerk authorized to
advertise for a public hearing on August 31, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
REGULAR
AGENDA
R-1 Letter from the City Manager and
an Ordinance entitled, “An Ordinance authorizing and approving the purchase of
certain property from Branch Banking and
Trust Company of Virginia in accordance with the terms and conditions of
the deed and the purchase and sale agreement, and authorizing the expenditure
of the sum of $3,500,000 for such purpose from funds heretofore appropriated,”
was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 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 authorizing a communication
tower at 1170 Lance Road,” was
introduced in writing and read by its title.
Amber Blatter,
5029 Corporate Woods Drive, Suite 225, Virginia Beach, was present on behalf of
the applicant.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 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 a
communication tower at 1037 West 26th
Street,” was introduced in writing and read by its title.
Amber Blatter,
5029 Corporate Woods Drive, Suite 225, Virginia Beach, was present on behalf of
the applicant.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 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 to authorize the
operation of an automobile rental facility on property located at 700 Monticello Avenue,” was introduced
in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 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 authorizing a change from
an existing nonconforming use (office) to a new nonconforming use
(establishment for the sale of alcoholic beverages for on-premises consumption)
on property located at 626 West Olney
Road,” was introduced in writing and read by its title.
Brad Smith, 1020 W. Princess
Anne Road, was present to answer questions.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 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 a communication tower on
property located on the southside of Bayville
Street and east of 14th
View Street,” was introduced in writing and read by its title.
Steve Romine, 909 Waterside
Drive, was present to answer questions.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 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 permitting your Neighborhood Builder to encroach into
the right of way of 25th Street, a paper street, at Bluestone
Avenue, with a 14-foot wide driveway,” was introduced in writing and read by
its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, and Wright and Fraim.
No: None.
R-8 Letter from the
City Manager and an Ordinance entitled, “An Ordinance permitting the MASA Corporation to encroach into the
right of way of Henneman Drive with an underground conduit between 5445
Henneman Drive and 2501 Almeda Avenue,” was introduced in writing and read by
its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, and Wright.
No: None.
Abstention: Fraim.
R-9 Letter from the
City Manager and an Ordinance entitled, “An Ordinance approving an application
for a $200,000.00 grant from the Governor’s
Opportunity Fund to assist the City of Norfolk in securing the location of
the Headquarters of CMA CGM (America),
Inc. in Norfolk, accepting, appropriating and authorizing the expenditure of
the funds for the project, approving the terms and conditions of a performance
agreement between the City and CMA CGM (America), Inc. and authorizing the
execution of the agreement,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, and Wright and Fraim.
No: None.
R-10 Letter from the
City Manager and an Ordinance entitled, “An Ordinance accepting a $4,000.00 Urban and Community Forestry Grant from
the Commonwealth of Virginia Department of Forestry for the Norfolk Tree
Steward Volunteer Tree Inventory Project, appropriating and authorizing the
expenditure of the funds for the project and authorizing $10,876.98 in in-kind
services to be provided for the project,” was introduced in writing and read by
its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-11 Letter from the
City Manager and the following three Ordinances:
An
Ordinance entitled, “An Ordinance to close, vacate and discontinue an unnamed lane between 16th
and 17th Street and to authorize the conveyance of any interest
in the said lane, if any, by quitclaim deed to Bristol Norfolk Partners, G.P.,”
was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-11A An Ordinance
entitled, “An Ordinance to close, vacate and discontinue a portion of 16th Street and to accept
the conveyance of an easement for water main and sanitary sewer main facilities
over the vacated portion of 16th Street,” was introduced in writing
and read by its title.
Alan Ganyo,
applicant, 924 Forest Lakes Drive, Chesapeake, was present but did not speak.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-11B An Ordinance
entitled, “An Ordinance approving the conveyance to Bristol Norfolk Partners, G.P., by deed of quitclaim of any
interest the City of Norfolk may have in and to a portion of the former
right-of-way of 16th Street,” was introduced in writing and read by
its title.
ACTION: The Ordinance as
introduced was adopted, effective September 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-12 Letter from the
City Manager and an Ordinance entitled, “An Ordinance accepting a Homeland Security Emergency Management
Performance Grant Fiscal Year 2002 Award of $9,000.00 from the Commonwealth
of Virginia Department of Emergency Management to fund the planning and
development costs of the Department of Defense-Sponsored Determined Promise
Exercise (DP04), appropriating the funds and authorizing their expenditure for
the project,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-13 Letter from the
City Manager and an Ordinance entitled, “An Ordinance to amend and reordain
Section 29-78 of the Norfolk City Code, 1979, SO AS TO allow soliciting the occupants of vehicles in the streets
by permit,” was introduced in writing and read by its title.
Stephen Connally,
259 Florida Avenue, Portsmouth, was present in support of this matter.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-14 Letter from the
City Manager and an Ordinance entitled, “An Ordinance approving a lease
agreement with Old Dominion University,” was introduced in writing and read by
its title.
ACTION: The Ordinance as
introduced was adopted, effective September 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-15 Letter from the
City Manager and an Ordinance entitled, “An Ordinance authorizing the city as
Administrative and Fiscal Agent for the Norfolk Eligible Metropolitan Area
(NEMA) under Title I of the Ryan White Comprehensive Aids Resources Emergency
(CARE) Act to accept carryover grant funds in the amount of $945,445.00 from
the U.S. Department of Health and Human Services for HIV/AIDS health and
support services and appropriating and authorizing expenditure of the grant
funds,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-16 Letter from the
City Manager and an Ordinance entitled, “An Ordinance to amend and reordain the
General Plan of Norfolk, 1992, by changing various land use designations in
East Ocean View,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-17 Letter from the
City Manager and a Resolution entitled, “A Resolution approving Amendment No. 2
to the Conservation and Redevelopment Plan for the East Ocean View Conservation
and Redevelopment Project by the Norfolk Redevelopment and Housing Authority,”
was introduced in writing and read by its title.
ACTION: The Resolution as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-18 Letter from the
City Manager and the following two Ordinances:
An
Ordinance entitled, “An Ordinance authorizing application for and acceptance of
a $1,000,000 grant from Governor’s Opportunity Fund for the purpose of inducing
Trader Publishing Company to locate and build facilities in the City of Norfolk
and appropriation of same, approving the terms and conditions of a Performance Agreement
between the City and Trader Publishing Company, and authorizing the execution
of a Performance Agreement and a Cooperation Agreement,” was introduced in
writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-18a An Ordinance
entitled, “An Ordinance approving in principle the making of certain payments
up to an aggregate amount of $11,327,500 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 August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-19 An Ordinance
entitled, “An Ordinance to cancel the regular meeting of the Council of the
City of Norfolk for the week beginning on September 19, 2004 and ending on
September 25, 2004,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-20 Letter from the
City Manager and A Resolution entitled, “A Resolution stating the intention to
construct a public parking garage and public conference and convention center;
stating the intention to acquire for said construction certain properties
situate in the City of Norfolk, belonging to Branch Banking and Trust Company
of Virginia, belonging to Brashear Properties I, LLC, and belonging to Peter G.
Decker, Jr. and Bess P. Decker; and authorizing the City Manager to negotiate
for the purchase of same,” was introduced in writing and read by its title.
ACTION: The Resolution as
introduced was adopted, effective August 17, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-21 Letter from the
City Clerk requesting confirmation of the appointment of Samantha L. Jones as
Deputy City Clerk/Executive Assistant to the Mayor, and Susan R. Leonard as
Deputy City Clerk/Secretary.
ACTION: Appointments
confirmed.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
NEW BUSINESS
1. Daniel Montague, 4605 Krick Street, spoke regarding mass transit.
2. Ricardo Lewis, 3519 Colmar Quarter; Curtis Cole, 424 Bay Dunes Drive; and Curtis Etheridge, 3587 Argonne Avenue, asked Council to reconsider a development proposal for Central Business Park.