NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, NOVEMBER 16, 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.

 

                   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.

 

ACTION:   The Resolution as introduced was adopted, effective November 16, 2004.

 

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

 

No:    None.

 

 

PUBLIC HEARINGS

 

PH-1                                                   PUBLIC HEARING scheduled this day pursuant to action of the Council on October 26, 2004, under the State law, public notice having been inserted in the local press by the City Clerk on the applications of Norfolk Redevelopment and Housing Authority to change the zoning on  four parcels of land located on the northeast corner of East Ocean View Avenue and 15th Bay Street, the southeast corner of East Ocean View Avenue and 9th Bay Street, the south side of East Ocean View Avenue between 17th and 18th Bay Streets, and 1301 - 1307 East Ocean View Avenue from R-12 (Medium Density Multiple-family) to R-8 ( One-Family).

 

                   Delphine Pioffret, attorney for the applicant, was present to answer questions.

 

                                                                Thereupon, an Ordinance entitled, “An Ordinance to rezone property located on the northeast corner of  East Ocean View Avenue and 15th Bay Street from R-12 (Medium Density Multiple-Family) to R-8 (One Family),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 16, 2004.

 

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

 

                   No:    None.

 

PH-1A                            An Ordinance entitled, “An Ordinance to rezone property located on the southeast corner of East Ocean View Avenue and 9th Bay Street from R-12 (Medium Density Multiple-Family) to R-8 (One Family),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 16, 2004.

 

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

 

                   No:    None.

 

PH-1B                            An Ordinance entitled, “An Ordinance to rezone property located on the south side of  East Ocean View Avenue between 17th  and 18th Bay Streets from R-12 (Medium Density Multiple-Family) to R-8 (One Family),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 16, 2004.

 

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

 

                   No:    None.

 

PH-1C                            An Ordinance entitled, “An Ordinance to rezone 1301 -  1307 East Ocean View Avenue  from R-12 (Medium Density Multiple-Family) to R-8 (One Family),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 16, 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 October 26, 2004, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Darshak Patel to change the zoning from R-7 (One-Family) to C-2 (Corridor Commercial) on property located at 5702 Cornick Road.

                  

                   Thomas Clark, 1412 Dure Road, and Fred Patterson 5711 Cornick Road spoke in opposition of this application.  Nesta Harper, 1200 Kempsville Road; Paulette Mansfield, 1217 Janaf Place; Edith Moore, 1201 Corbelle Ave; and Charla Baucom, 1188 Kempsville Road were present to show their opposition but did not speak.

 

                                       Thereupon, An Ordinance entitled, “An Ordinance to rezone 5702 Cornick Road from R-7 (One Family) to Conditional C-2 (Corridor Commercial),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was LOST.

 

                   Yes:   Burfoot.

 

                                No:      Hester, Riddick, Williams, Winn, Wright, and Fraim.

 

 

 

 PH-3                             PUBLIC HEARING scheduled this day pursuant to action of the Council on November 2, 2004, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the lease of property at the Willoughby Boat ramp by SprintCom, Inc.

 

.                  Steve Romine, attorney for the applicant, was present to answer questions.

 

                                      Thereupon, An Ordinance entitled, “An Ordinance approving a lease agreement with SprintCom, Inc., DBA Sprint PCS, for a parcel of land located at 1311 Bayville Street and approving a non-exclusive access and utility easement for the life of the lease agreement,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective December 17, 2004.

 

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

 

                   No:    None.

 

CONSENT AGENDA

 

C-1                                           Letter from the City Manager advising in accordance with Chapter 33.1-40 of the Norfolk City Code of sole source procurement during the month of October 2004 for the Department of Utilities.

 

ACTION:   Received and filed.

 

                   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 JEROME MILLER, for a change of zoning from R-8 (One-Family) to conditional R-9 (One-Family) on property located at 1016-1024 W. 36th Street.

 

ACTION:   City Clerk authorized to advertise for a public hearing on December 7, 2004.

 

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

 

                   No:    None.

 

 

 

 

REGULAR AGENDA

 

R-1                                 Matter of a letter from the City Manager and the following three Ordinances:

                                      An Ordinance entitled, “An Ordinance authorizing a gas station on property located at 854 East Little Creek Road,” was introduced in writing and read by its title.

                                      (Passed by at the meeting of November 2, 2004)

 

ACTION:   Continue for one week to November 23, 2004.

 

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

 

                   No:    None.

 

R-1A                              An Ordinance entitled, “An Ordinance authorizing the operation of a retail establishment at property located at 854 East Little Creek Road between the hours of 12:00 midnight and 6:00 a.m.,” was introduced in writing and read by its title.

                                      (Passed by at the meeting of November 2, 2004)

 

ACTION:   Continue for one week to November 23, 2004.

 

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

 

                   No:    None.

 

R-1B                               An Ordinance entitled, “An Ordinance authorizing the sale of beer and wine for off-premises consumption on property located at 854 East Little Creek Road,” was be introduced in writing and read by its title.

                                      (Passed by at the meeting of November 2, 2004)

 

ACTION:   Continue for one week to November 23, 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 accepting grant funds in the amount of $6,700.00 from the Virginia Department of Criminal Justice Services, accepting the match of $1,675.00, from the Norfolk Sheriff and appropriating and authorizing the expenditure of the funds for the Norfolk Triad Program,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 16, 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 approving an agreement of lease with Azalea Little League for athletic facility property in Norfolk Industrial Park,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective December 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 repeal subsections (182), (183) and (185) of Section 25-654 and to amend and reordain Section 25-654 SO AS TO add ten stop signs and renumbering of three stop signs,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 16, 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 amending the July 1, 2004 General Employee Compensation Plan SO AS TO change the title of one classification,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 16, 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 to repeal subsections (77.5), (81.5) and (140.6) of Section 25-653 and to amend and reordain Sections 25-653, 654 and 25-656 SO AS TO add three yield signs, twenty-six stop signs, one truck of one and one-half tons prohibition and renumbering of five stop signs,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 16, 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 accepting a grant award of up to $1,246,730 from the United States Department of Justice, Office of Community Oriented Policing Services, for the Cops In Schools (CIS) 2004 grant program, appropriating the funds, authorizing the City Manager to employ ten persons in a special project status in the Department of Police and authorizing expenditure of the funds for the salary and benefits of the created positions for thirty-six months,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 16, 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 to amend and reordain Sections 49-4 and 49-5 of the Norfolk City Code, 1979, relating to the Wetlands Board SO AS TO permit the appointment of up to three alternate members to attend board hearings during the absence of regular board members,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 16, 2004.

 

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

 

                   No:    None.

 

 

R-9                                 A Resolution entitled, “A Resolution appointing two persons to two boards for certain terms,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective November 16, 2004.

 

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

 

                   No:    None.

 

 

 

NEW BUSINESS

 

                                Daniel Montague, 4605 Krick Street, commented on an elected mayor.

 

 James Henderson, 1305 W. 37th Street, reiterated an earlier request for Council’s help to resolve an issue pertaining to an illegal driveway on property he owns.