NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
SEPTEMBER 28, 2004 – 7:30 P.M.
Prayer offered by Reverend Joe Fairchild, Pastor of
Faith Wesleyan Church, 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 September 28, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
CEREMONIAL
MATTERS
1. President Fraim read a Resolution
honoring Stanley Barr for his twenty-three years of service on the Civil
Service Commission.
2. Michelle Carerra
presented Lisa Suhay, the author of a children’s book which has been commission by the Literacy
Partnership. Beth
Fraim was also present.
3. President Fraim recognized Boy
Scout Troop 70 from Grace Episcopal Church.
The Troop is working on its citizenship community badge. Robert Johnson, Scout Master, and Robert
Hagans were also present.
PUBLIC HEARINGS
PH-1 PUBLIC HEARING scheduled this day pursuant to action of the Council on August 31, 2004, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on approving the conveyance to Bristol Norfolk Partners, G.P., a portion of the former right-of-way of 16th Street.
No one was present to
speak concerning this matter.
Thereupon,
an Ordinance entitled, “An Ordinance approving the conveyance to Bristol At
Ghent, LLC, 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 October 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-2 PUBLIC HEARING scheduled this day under the
State law, public notice having been inserted in the local press to hear
comments on the sale of city owned property at 18th and Church
Streets to P&P LLC for the
construction of an office/flex business park.
No
one was present to speak concerning this matter.
Thereupon,
an Ordinance entitled, “An Ordinance approving an agreement for the sale of, and
specifying the development thereon of certain city-owned, property located in
Norfolk at the northwest corner of the intersection of 18th Street
and Church Street and bordered by Elwood Cemetery on the south, Church Street
on the east, 18th Street on the north and Tidewater Transportation
District Commission on the west, consisting of approximately 5.03 acres
comprised of the former NRHA parcel 233 to P & P, L.L.C., and authorizing
the conveyance of the property and the terms thereto,” was introduced in
writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective October 29, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-3 PUBLIC HEARING scheduled this day under the
State law, public notice having been inserted in the local press to hear
comments on the conveyance of the property known as Dixie Jute Bagging to NRHA.
No
one was present to speak concerning this matter.
Thereupon,
an Ordinance entitled, “An Ordinance authorizing the conveyance of the property
known as Dixie Jute Bagging to the NRHA and authorizing the cooperation
agreement between the city and NRHA,” was introduced in writing and read by its
title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-4 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 Parking
System Revenue Bonds for the acquiring, constructing and equipping capital
improvements to the City’s parking system.
No
one was present to speak concerning this matter.
Thereupon,
an Ordinance entitled, “An Ordinance authorizing the issuance by the City of
Norfolk, Virginia of Parking System Revenue Bonds for parking system capital
improvements in an amount not to exceed $18,000,000 and Parking System Revenue
Refunding Bonds to refund previously issued Parking System Revenue Bonds in an
amount not to exceed $54,000,000,” was introduced in writing and read by its
title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 2004.
Yes: Burfoot, Hester, 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 application of the OLD DOMINION
REAL ESTATE FOUNDATION for a change
of zoning from I-2 (Light Industrial) to UV (University Village) on property
located at 4111 Killam Avenue.
ACTION: City Clerk authorized to advertise for a public hearing on October 19,
2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
REGULAR
AGENDA
R-1 Letter from the City Manager and
the following two Ordinances:
An
Ordinance entitled, “An Ordinance authorizing the sale of beer and wine for
off-premises consumption on property located at 216 East Plume Street,”
was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-1A An Ordinance
entitled, “An Ordinance authorizing the operation of an entertainment
establishment on property located at 216
East Plume Street,” was
introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 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 the operation
of an eating and drinking establishment on property located at 905 East Ocean View Avenue,” was
introduced in writing and read by its title.
Claude Scialdone, attorney,
P.O. Box 6116, Virginia Beach, and Jesus Hosea Garcia, the application, 905 E.
Ocean View Avenue, were present to answer questions.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 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 a yacht club on property located at the terminus of 7th Bay Street,” was introduced in writing and read by
its title.
Ed Clark, 5606 State Court,
Virginia Beach, and Vince Olibieri, 216 43rd Street, Virginia Beach,
were present to answer questions.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 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 authorizing the operation
of an eating and drinking establishment on property located at 5802 E. Virginia Beach Boulevard, Suite 130,”
was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 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 permitting Blueridge General, Inc. to encroach
into the right-of-way at 3422 Strathmore
Avenue with a 1¼” PVC Force Main,” was introduced in writing and read by
its title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 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 permitting Trindco to encroach into the
right-of-way at 907 Colley Avenue, with
an awning 18’3” long, 5’ in height and projecting 5’ from the building,” was
introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 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 Ribbitt, Inc. to encroach into the
right-of-way of Colley Avenue at 1611-A
Colley Avenue, a maximum of 25” with a 23”x120” sign,” was introduced in
writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 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 accepting a $3,216.00 Virginia Department of Criminal Justice
Services Supplemental Grant to support the continuation of the
Victim/Witness Assistance Program for fiscal year 2005 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 September 28, 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 revoking a special
exception granted to Amigo’s Latin
Store, 131 West Little Creek Road, Norfolk by Ordinance No. 41,560 adopted
by City Council on August 31, 2004,” was introduced in writing and read by its
title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-10 Letter from the
City Manager and an Ordinance entitled, “An Ordinance accepting with
appreciation a $5,000 donation to the city from Lawson Realty for the purchase of supplies and materials and for
cultural arts and non-sports programming at the Merrimac Recreation Center,”
was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-11 Letter from the
City Manager and an Ordinance entitled, “An Ordinance authorizing the operation
of an eating and drinking establishment on property located at 331 East Bayview Boulevard,” was
introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 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 authorizing the operation
of an eating and drinking establishment on property located at 435 Monticello Avenue,” was introduced
in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 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 authorizing the operation
of an eating and drinking establishment on property located at 806 Harrington Avenue,” was introduced
in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 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 appropriating the sum of
$58,900 as a result of the Recovery of
Hazardous Materials Responses (HAZMAT) and authorizing the expenditure of
said amount by the Norfolk Fire-Rescue Department,” was introduced in writing
and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 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 appropriating funds in
the amount of $50,000.00 for employee recreation and various other functions
for the Norfolk Sheriff’s Office and
authorizing disbursement as directed by the Sheriff,” was introduced in writing
and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 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
subsection (88) of Section 655, Sections 25-651, 25-652, 25-654, 25-655 and
25-656 SO AS TO amend through
street, add three U-turn prohibitions, one one-way street, six stop signs, one
one-half tons prohibition and one renumbering stop sign,” was introduced in
writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-17 Letter from the
City Manager and an Ordinance entitled, “An Ordinance approving the acquisition
of eight parcels of real estate with delinquent taxes or liens pursuant to the
provisions of Section 58.1-3970.1 of the Code of Virginia, 1950, as amended,”
was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective September 28, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-18 Letter from the
City Manager and an Ordinance entitled, “An Ordinance granting permission to La Galleria Ristorante, Inc. to
encroach into the right-of-way of College Place at 120 College Place for the purposes of Outdoor Dining and the
installation of awnings in accordance with 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 September 28, 2004.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-19 Letter from the
Real Estate Assessor requesting confirmation of the appointment of Elizabeth L.
Bodner, Real Estate Appraiser, I, effective August
23, 2004 and Patricia Merritt, Applications Analyst, effective August 9, 2004.
ACTION: Appointments
confirmed.
Yes: Burfoot, Hester, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
NEW
BUSINESS
James Henderson, 1305 W. 37th Street, asked for
Council’s help to resolve an issue pertaining to an illegal driveway on
property he owns.