NORFOLK, VIRGINIA

 

ACTION FOR THE COUNCIL

 

TUESDAY, FEBRUARY 15, 20052:30 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.

 

The Resolution as introduced was adopted, effective February 15, 2005.

 

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

 

No:   None.

 

 

 

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 the General Obligation and Refunding Bonds, Series 2005.

 

Thereupon, an Ordinance entitled, “An Ordinance authorizing the issuance and sale by the City of Norfolk, Virginia of up to $59,320,000 in General Obligation Capital Improvement Bonds and up to $45,000,000 in General Obligation Refunding Bonds to refund earlier Bond issues of the City of Norfolk,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 15, 2005.

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 January 25, 2005, under the State law, public notice having been inserted in the local press the application of the Crispus Attucks Theater located on the northeast corner of Virginia Beach Boulevard and Church Street to amend the Zoning Ordinance of the City of Norfolk, 1992, to allow eating establishments as a permitted use and to allow eating and drinking establishments by special exception in the IN-1  (Institutional) District and for a special exception on property located at 1006 Church Street.

 

Thereupon, an Ordinance entitled, “An Ordinance to amend and reordain the Zoning Ordinance of the City of Norfolk, 1992, by amending Table 10-8, Table of Principals Uses for Special Purpose Districts, SO AS TO allow eating establishments in the IN-1 (Institutional District),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 15, 2005.

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

 

No:   None.

 

 

PH-2A                            An Ordinance entitled, “An Ordinance authorizing the operation of an eating and drinking establishment on property located at 1006 Church Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 15, 2005.

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 by the City Clerk to hear comments to amend Section 11-2 of the Zoning Ordinance Amendment of the City of Norfolk, regarding the Chesapeake Bay Preservation Area Overlay District.

 

                   Ellis James, 2021 Kenlake Place, commented on the development of the Chesapeake Bay preservation Area and requested delaying any changes until the history could be established.

 

Thereupon, an Ordinance entitled, “An Ordinance to amend and reordain Sections 11-2.2, 11-2.3, 11-2.6, 11-2.8, 11-2.9, 11-2.10, 11-2.11, 11-2.12, 17-3.2, 22-7, 26-13.2, 26-13.4 and 26-13.6 of the Zoning Ordinance of the City of Norfolk relating to the Chesapeake Bay Preservation Area Overlay District SO AS TO conform to changes in the Chesapeake Bay Act Regulations,” was introduced in writing and read by its title

 

ACTION:   The Ordinance as introduced was adopted, effective February 15, 2005.

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 by the City Clerk to hear comments on the issuance of Bonds by the City of Norfolk to finance the purchase of certain real property within the boundaries of the City.

           (WITHDRAW PUBLIC HEARING)

 

ACTION:   Withdrawn.

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

 

 No:  None.

 


CONSENT AGENDA

 

ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WAS ENACTED BY ONE MOTION IN THE FORM LISTED.  THERE WAS NO SEPARATE DISCUSSION OF THESE ITEMS.  IF DISCUSSION IS DESIRED, THAT ITEM WAS REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.

 

C-1                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of Old Dominion University, to change the zoning from R-14 (High Density Multiple Family) to UV (University Village) on property located on Monarch Way between 41st and 43rd Streets.

 

ACTION:   City Clerk authorized to advertise for a public hearing on March 8, 2005.

 

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

 

 No:  None.

 

C-2                                 Letter from the City Manager advising, in accordance with Chapter 33.1-40 of the Norfolk City Code, of sole source procurements during the month of January 2005 for the Department of Information Technology.

 

 ACTION:  Received and Filed

 

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

 

No:   None.

 

C-3                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of Tidewater Gospel Assembly, to change the zoning from C-2 (Corridor Commercial) to conditional IN-1 (Institutional) on property located at 5739 Sellger Drive.

 

ACTION:   City Clerk authorized to advertise for a public hearing on March 8, 2005.

 

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

 

No:   None.

 

C-4                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of Brian Endres, to change the zoning from IN-1 (Institutional) to conditional I-2 (Light Industrial) on property located at 5552 Raby Road.

 

ACTION:   City Clerk authorized to advertise for a public hearing on March 8, 2005.

 

Yes:   Burfoot, Hester, 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 Section 6-5, Table of Principal Uses for Commercial Districts to permit Auction Sales in the C-3 (Retail Center) District.

 

 ACTION:  City Clerk authorized to advertise for a public hearing on March 22, 2005.

 

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 the City as administrative and fiscal agent for the Norfolk Eligible Metropolitan Area under Title I of the Ryan White Comprehensive Aids Resources Emergency Act to accept grant funds up to the amount of $5,168,622.00 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 February 15, 2005.

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

 

No:   None.

 

 

R-2                                 Letter from the City Manager and a Resolution entitled, “A Resolution requesting the Virginia Department of Transportation to establish a Congestion Relief Project in the City of Norfolk for the Virginia Beach Boulevard/Newtown Road intersection,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective February 15, 2005.

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 an eating and drinking establishment on property located at 411 Granby Street,” was introduced in writing and read by its title.

 

Mr. Angel Lopez, 411 Granby Street, the applicant, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective February 15, 2005.

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 entertainment establishment on property located at 411 Granby Street,” was introduced in writing and read by its title.

 

                   Mr. Angel Lopez, 411 Granby Street, the applicant, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective February 15, 2005.

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

 

No:   None.

 

 

R-5                                 Letter from the City Manager and the following three Ordinances:

 

An Ordinance entitled, “An Ordinance to amend and reordain Sections 15-2, 15-4, 15-5, 15-6, 15-8, and 15-13 of the Norfolk City Code, 1979, relating to erosion and sediment control SO AS TO incorporate changes required by amendments to the Chesapeake Bay Act Regulations,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 15, 2005.

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

 

No:   None.

 

R-5A                              An Ordinance entitled, “An Ordinance to amend and reordain Sections 42.5-3, 42.5-7 (F), 42.5-10 and 42.5-12 (16) of the Norfolk City Code, 1979, relating to subdivisions SO AS TO incorporate required changes required by amendments to the Chesapeake Bay Preservation Act Regulations,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 15, 2005.

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

 

No:   None.

 

R-5B                               An Ordinance entitled, “An Ordinance to amend and reordain Chapter 45 of the Norfolk City Code, 1979, relating to trees and other vegetation SO AS TO incorporate changes required by amendments to the Chesapeake Bay Preservation Act Regulations,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 15, 2005.

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

 

No:   None.


 

R-6                                 Letter from the City Manager and a Resolution entitled, “A Resolution requesting the Virginia Department of Transportation to establish Safety Improvement projects in the City of Norfolk for Thole Street, Liberty Street, and Sewells Point Road,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective February 15, 2005.

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

 

No:   None.

 

R-7                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the purchase from A/H-TWA Associates, L.L.C. of certain property, commonly known as the American Airlines Building; authorizing the City Manager to negotiate an agreement in substantial conformity with the terms and conditions of the attached sale in lieu of condemnation agreement; authorizing the expenditure of a sum up to $5,531,141.45 for such purpose from funds heretofore appropriated,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 15, 2005.

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

 

No:   Riddick.

 

R-8                                 Letter from the City Manager and a Resolution entitled, “A Resolution opposing the transportation of ten thousand tons of garbage per day through the City of Norfolk, Virginia,” was introduced in writing and read by its title.

 

ACTION:   Withdrawn.

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

 

 No:  None.

 

 

R-9                                 Letter from the Real Estate Assessor advising of appointing Stephen P. Creech to the position of Real Estate Appraisal Team Leader effective January 31, 2005.

 

ACTION:   Appointment confirmed.

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

 

 No:  None.

 

 

 

NEW BUSINESS

 

1.      Daniel Montague, 4605 Krick Street, requested Council to consider an elevated transit system instead of ground level transit and commented on the light rail.

 

2.      Paul Parker, 1020 Goff Street, requested Council to investigate the police officer who responded to an emergency situation at his parent’s home and the way he was treated by the Police Department.