NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, APRIL 26, 2005 – 7:30 P.M.

 

Prayer offered by Reverend Fred Archer, Pastor, Coleman Place Presbyterian 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.

 

                   No:    None.

 

PUBLIC HEARINGS

 

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on April 5, 2005 under the State law, public notice having been inserted in the local press by the City Clerk on the application of FOUNDATION TO SUPPORT ANIMAL PROTECTION, for a change of zoning from I-1 (Limited Industrial) to conditional C-2 (Corridor Commercial) on property at 201 East 20th Street.

 

                   The applicant, Jeff Kerr, 121 Conway Avenue, was present on behalf of this matter but did not speak.

 

ACTION:   Continued two weeks, May 10, 2005.

 

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 by the City Clerk on the applications of the TUM-I, LLC, on property located at 5100 East Virginia Beach Boulevard to amend The General Plan of Norfolk, 1992, from industrial/transportation/utility to institutional and to change the zoning from I-3 (General Industrial) to conditional IN-2 (Institutional Campus) District.

 

                   The following proponents spoke:  James Herndo, 915 Oaklette Avenue, Chesapeake; Rev. Ted Bashford, 3000 North landing Road, Virginia Beach; Tom douros, 3728 Peterson Avenue; Dale Gauding , 426 Rhode Island Avenue; Robert Baker, 824 W. Ocean View Avenue; Clyde Benton, 1342 W. Princess Anne Road; Michael Perrett, 1204 Course View Circle, Virginia Beach; William Groom, 521 Graydon Avenue, Apartment D;  John Gray, 3000 North landing Road, Virginia Beach; Richard Moore, 5341, Stuart Circle; Robert Hopson, 5345 O’Rien Avenue; Glenn Mongold, 2924 Verdun Avenue; Diane Watson, 3819B Rivanna River Reach, Portsmouth; Robert Atkinson, 1811 Hampton Boulevard, C-3; Clyde Smith, 3801 Chatham Circle; Donald Smith, 130 Brooke Avenue; Derrick Harell, 130 Brooke Avenue; Water D. Hunger, 5320 E. Virginia Beach Boulevard; Philip Farthing, attorney, 927 Larchmont Crescent.  Henry Shriver, 6439 Eleanor Court, was present to support this matter but did not speak.

 

                   The following opponents spoke:  Melvin Holloman, 984 Anna Street; Mary Jane Cocoran, 5328 E. Virginia Beach Boulevard;

 

                                      Thereupon, 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 5100 East Virginia Beach Boulevard from Industrial/Transportation/Utility to Institutional,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 26, 2005.

 

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

 

No:    None.

 

 

 

 

 

PH-2A                            An Ordinance entitled, “An Ordinance to rezone property located at 5100 East Virginia Beach Boulevard from I-3 (General Industrial) to Conditional IN-2 (Institutional Campus),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 26, 2005.

 

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

 

No:    None.

 

PH-3                              PUBLIC HEARING scheduled this day under State law, public notice having been inserted in the local press by the City Clerk to hear comments on a proposed Ordinance approving an amendment to the Operating Budget for the fiscal year 2004-2005 by appropriating the sum of up to $18,900,000; and authorizing the expenditure of such sum for the Virginia Public Nursing Home Intergovernmental Transfer (IGT) Program.

 

                   No one was present to speak concerning this matter.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance authorizing and approving the form, execution and delivery of the Intergovernmental Transfer Agreement by and between the City of Norfolk and the Commonwealth of Virginia, through the State Treasurer; approving the amendment of the Fiscal Year 2004-2005 Operating Budget by appropriating the sum of up to $18,900,000, if and when received; and authorizing the expenditure of such sum; authorizing and approving the issuance and sale of special revenue anticipation note or notes of the City of Norfolk in an amount not to exceed $18,900,000; and authorizing the City Manager to do all things necessary and expedient to carry out the agreement and to effect the transfer of the funds,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 26, 2005.

 

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 Norfolk Redevelopment and Housing Authority, to change of zoning from R-11 (Moderate Density Multiple Family and IN-1 (Institutional) to PD-BCR (Planned Development-Broad Creek Renaissance) on properties located on Godfrey Avenue, Virginia Beach Boulevard, Parish Street, Hollister Avenue, and Merrimac Avenue.

 

ACTION:   City Clerk authorized to advertise for a public hearing on May 17, 2005.

 

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

 

No:    None.

 

REGULAR AGENDA

 

R-1                                 Matter of a 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 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.

                                      (Passed by at the meeting of March 22, 2005)

                  

                   The following proponents were present but did not speak:  Joan Dalis, 7461 North Shore Road; Mike Norment, 4004 Atlantic Avenue #906, Virginia Beach; and matt Norment, 3309 Ashaway Road, Virginia Beach.

 

                                      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 the eastern prolongation of Sandy Street and extending southward along the eastern line of Miller Store Road from low density residential to commercial/office,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was LOST.

 

Yes:   Fraim.

 

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

 

 

 

 

R-1A                              An Ordinance entitled, “An Ordinance to rezone property located at the eastern prolongation of Sandy Street and extending southward along the eastern line of Miller Store Road from R-6 (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:   Fraim.

 

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

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the First Amendment to Docking Agreement with Rover Marine, Inc.; authorizing the City Manager to execute the amendment on behalf of the city; and authorizing the expenditure of a sum of up to $100,000.00 from funds heretofore appropriated, for certain improvements to facilitate relocation of the docking area,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 27, 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 approving the donation of a City of Norfolk surplus fire command vehicle to the Town of Exmore, Virginia,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 26, 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 permitting Trader Publishing Company to encroach into the right-of-way of City Hall Avenue with cornices, pile caps and walls, and into the right-of-way of Plume Street with cornices and pile caps at 150 Granby Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 26, 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 permitting 219 Granby L.L.C. to encroach into the right-of-way of McCullough’s Lane behind 219 Granby Street with 60’, more or less, of 6” ductile iron fire line and a 1 ½” domestic water line and vault, approving the terms and conditions of the encroachment agreement between the City and 219 Granby L.L.C. and authorizing its execution,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 26, 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 permitting 237 Granby L.L.C. to encroach into the right-of-way of Lowenbergs Lane behind 237 -241 Granby Street with 60’, more or less, of 6” ductile iron fire line and a 1 ½” domestic water line and vault, approving the terms and conditions of the encroachment agreement between the City and 237 Granby L.L.C. and authorizing its execution,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 26, 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 granting a special exception to operate a solid waste transfer station on property located at 508 East Indian River Road,” was introduced in writing and read by its title.

 

                   The following proponents spoke:  Philip R. Trapani, Jr., 740 Duke Street; Howard Martin, 1200 Bank of America; Bob Brown, 5800 Chemical Road, Baltimore, MD; Bob Earl, 9047 River Crescent, Suffolk.

 

                   The following opponents spoke:  George Banks, 1736 East Indian River Road; Pamela Rogers, 122 Hardy Avenue; Peter Green, 1907 Springfield Avenue; Eloise LaBeau, 3501 Orange Street (Federation of Civic Leagues); Carrie Spratley, 1709 Arlington Avenue; Doyle Payne, 799 Atley Lane, Virginia Beach; George Monette, 712 Grayson Street, #13; Therman Ames, Jr., 310 Hardy Avenue; Ashley Hullom, 316 Whitehead Avenue; Matthew Austin, 121 Hardy Avenue.

 

ACTION:   The Ordinance as introduced was LOST.

 

Yes:   None.

 

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

 

R-8                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to change the names of Ella Fitzgerald Drive, Glenn Miller Lane, Mangus Lane, Cab Callaway Drive, Jimmy Reed Street and Carmichael Avenue located in the Broad Creek Renaissance, Phases IIA-1, IIA-2, and III, Development Project to Herbert Collins Way, Joseph Green Lane, John Foster Lane, Joe Austin Drive, Johnnie Branch Street, and Woodland Avenue, respectively,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 26, 2005.

 

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

 

No:    Riddick and Fraim.

 

 

 

 

 

 

R-9                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain the Norfolk City Code, 1979, SO AS TO add a new section numbered 37-82.1 relating to retirement benefits,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 26, 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 terms and conditions of a ten-year lease agreement between the City of Norfolk and American Real Estate Holdings Limited Partnership for a certain parcel of property known as the Ames Building located at 201 East Little Creek Road in the City of Norfolk for city offices and facilities, appropriating and authorizing inclusion in the FY ’06 Budget of $463,500 for partial payment of the first year’s rent and authorizing the execution and implementation of the attached lease agreement,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 26, 2005.

 

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

 

No:    None.

 

R-11                               Letter from the City Manager and an Ordinance entitled, “An Ordinance approving a loan for the operation and maintenance of a cultural center located in a historic structure and landmark known as the Selden Arcade located at 200 East Main Street in the City of Norfolk, Virginia and appropriating and authorizing $250,000 for a loan,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective April 26, 2005.

 

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

 

No:    None.

 

 

 

 

 

NEW BUSINESS

 

1.      Pamela Rogers, 122 Hardy Avenue, expressed concern about the proposed towing company locating in Berkley.

 

2.      Beth Williams, 858, Jamestown Crescent, presented several books from Norfolk Public Libraries on various subjects.

 

3.      Daniel Montague, 4605 Krick Street, voiced concern about SPSA operations.

 

4.      Calden Moye-Williams, 5408 Whitehurst Arch, Virginia Beach, expressed concerns about a grievance (for sexual harassment) she filed as an employee of the City of Norfolk.