NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, MARCH 22, 20057:30 P.M.

 

Prayer was offered by Cantor Jennifer Bern-Vogel of Ohef Shalom Temple, 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 March 22, 2005.

 

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 February 15, 2005 under the State law, public notice having been inserted in the local press by the City Clerk to hear comments 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.

 

                                      Paul Pearce, 1624 Parkview Ave, the applicant in this matter, assured Council that he plans to run an upscale auction business and not a thrift store.

 

                                      President Fraim moved that the public hearing be closed and the matter be continued generally. 

 

ACTION:   Motion adopted - public hearing closed and matter continued generally.

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 March 1, 2005 under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the application of Airport Self Storage, to amend The General Plan of Norfolk, 1992, to change the land use classification and for a change of zoning from R-6 (One Family) to Conditional C-2 (Corridor Commercial) on property located along the eastern line of Miller Store Road.

                                       Matt Torment, 4004 Atlantic Avenue, Unit 1906, Virginia Beach, representing the applicant, spoke in favor of this application.

                                      Bertha Johnson, 3328 Sandy Street, representing Idlewood/Sandy Heights Civic League, was present with many supporters and spoke in opposition to this application.

                                      Ellis W. James, 2021 Kenlake Place, also spoke in opposition to this application.

                                      President Fraim moved to close the public hearing and continue this matter to April 26, 2005

 

ACTION:   Motion adopted - public hearing closed and matter continued to April 26, 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 on relocating and renaming the polling place for St. Andrew’s Precinct and for relocating the polling place for the Northside and Old Dominion Precincts.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to amend and reordain the title of Section 14.1-20, St. Andrews Precinct, SO AS TO change the name of the precinct to Taylor Elementary School Precinct; Section 14.1-80, Northside Precinct, SO AS TO change its voting place; Section 14.1-86, St. Andrews Precinct, SO AS TO change its name and its voting place; and Section 14.1-89, Old Dominion Precinct, SO AS TO change its voting place,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 22, 2005.

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 procurements during the month of February  2005 for the Department of Information Technology.

 

ACTION:   Received and filed.

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

 

No:   None.

 

REGULAR AGENDA

 

R-1                                 Matter of a letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing an eating and drinking establishment on property located at 5601 East Virginia Beach Boulevard,” was introduced in writing and read by its title.

                   (PASSED BY AT THE MEETING OF MARCH 8, 2005.)

 

ACTION:   The Ordinance as introduced was adopted, effective March 22, 2005.

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 the dedication of a utility easement by First Baptist Church 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 March 22, 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 permitting Steven L. Self and Julia M. Self to encroach into the right of way of Willoughby Bay Avenue, a paper street at 1155 Little Bay Avenue, with a six feet (6’) wide open pile pier, approximately one hundred twenty feet (120’) long, and nine feet (9’) wide rock revetment,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 22, 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 approving the terms of a certain lease between the City of Norfolk and the Colonial Coast Girl Scout Council and authorizing its execution,” was introduced in writing and read by its title.

 

                                      Tracy Keller, 912 Cedar Road, Chesapeake, VA was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective April 22, 2005.

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

 

No:   None.

 

 

 

 

R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting Virginia Auto Rental permission to encroach into the right of way of Virginia Beach Boulevard and approving the terms and conditions of the Encroachment Agreement and the Private Sewer Force Main Agreement,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 22, 2005.

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 amend and reordain Sections 24-159 and 24-162 of the Code of the City of Norfolk, Virginia, 1979, SO AS TO change the date on which license tax is due,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 22, 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 requesting the Commonwealth of Virginia, Department of Transportation to establish a project for improvement of rail/highway grade crossing on Barre Street, and authorizing the expenditure of the sum of $207.00 for such purposes from funds heretofore appropriated,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 22, 2005.

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

 

No:   None.

 

 

 

R-8                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting Bishard Development Corporation permission to encroach into the right of way of Radford Street and approving the terms and conditions of the encroachment agreement,” was introduced in writing and read by its title.

 

                                      The following persons spoke in opposition to this matter due to concerns about possible flooding in nearby properties: Vickie Manning, 3734 Orange Street and Daniel Montague, 4605 Krick Street.

 

                                      Eloise LaBeau, 3501 Orange Street, spoke in favor of this matter and is pleased about the new homes being built but did not want to see her neighbors flooded.

 

ACTION:   Continued for two weeks, April 5, 2005.

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

 

No:   None.

 

R-9                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Samuel Moses to encroach into Rugby Street a distance of 2” and Tidewater Drive a distance of 3” with an existing building as outlined in the encroachment application,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 22, 2005.

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

 

No:   None.

 

R-10                               Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the acquisition of those certain parcels of real estate described on Exhibit A, attached hereto, with delinquent nuisance abatement and/or tax liens pursuant to the provisions of Section 58.1-3970.1 of the Code of Virginia, 1950, as amended and authorizing the recording of protective and restrictive covenants relative to those parcels,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 22, 2005.

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

 

No:   None.

 

 

 

New Business

 

            1.     The following persons spoke in opposition to the Stericycle Waste Management Plant being located in Berkley due to health and environmental concerns:

 

                   Pamela Rodgers, 122 Hardy Avenue

                   George Banks, 1736 Indian River Road

                   Rashida Wilkins, 706 Appomattox Street

                   Dawn Arthan, 712 Grayson Avenue, Apt. 13

                   Rodney Jordan, 304 West 36th Street

                   Tenesha Nicholson, 2325 Spruce Street

                   Eloise LaBeau, 3501 Orange Street

                   Reverend Jones

                   Roscoe Calloway, 1503 Canoga Street

                   Betty Potts, 1709 Montclair Avenue

                  

                   The following persons spoke on the Stericylce issue to present clarification or alternatives for the treatment plant:

 

                   Michael Cotter, 500 World Trade Center

                   Bob Earl, 508 E. Indian River Road

                   Constance Clark, 3404 Albury Court, Chesapeake, VA     

 

              2.    Terry Kelly, 1909 Marcia Court, Virginia Beach, VA asked Council to support his youth program LEGIT (Learning Entrepreneurs Getting It Together).

 

               3.   William Kerry, 2330 Bay Oaks Place, presented Council with  petitions with reference to preserving the last piece of open space in Bay Oaks.