NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, MAY 17, 2005 – 2:30 P.M.

 

Prayer offered by Vice Mayor Daun S. Hester, 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.

                CEREMONIAL MATTER

 

1.   President Fraim read a proclamation declaring May 15th thru 21st 2005, Business Appreciation Week. Rod Woodard, Director of Development accepted the proclamation.

 

PUBLIC HEARINGS

           

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on April 26, 2005 under the State law, public notice having been inserted in the local press by the City Clerk on the application of Norfolk Redevelopment and Housing Authority, to change the 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.

 

                   Attorney Delphine Pioffret, 1200 Bank of America Building, was present to answer questions.

                  

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone properties located on Godfrey Avenue, Virginia Beach Boulevard, Parish Street, Hollister Avenue, and Merrimac Avenue from R-8 (One Family) to PDBCR (Planned Development Broad Creek Renaissance),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 17, 2005.

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

 

No:    None.

 

PH-1A                            An Ordinance entitled, “An Ordinance to rezone property located on the northwest corner of Virginia Beach Boulevard and Ballentine Boulevard from I-2 (Light Industrial) to PDBCR (Planned Development Broad Creek Renaissance),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 17, 2005.

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

 

No:    None.

PH-2                              PUBLIC HEARING scheduled this day pursuant to action of the Council on May 3, 2005, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the transfer of certain parcels of property in East Ocean View, Plat A, Section Number 1 to Norfolk Redevelopment and Housing Authority.  

 

Thereupon, an Ordinance entitled, “An Ordinance approving the conveyance to Norfolk Redevelopment and Housing Authority of those certain parcels of property described as Lots 43, 45, 47, 49, 51, 52, 53, 54, 55, 56, 57, 58 and 59, Block 12, as shown on a plat entitled, “East Ocean View, Plat A, Section No. 1,” was introduced in writing and read by its title.

 

                   Attorney Delphine Pioffret, 1200 Bank of America Building, was present to answer questions.

                  

                   The following persons spoke in opposition: Bill Kerry, 2330 Bay Oaks Place, Andrew Wallach, 545 Mayflower Road, Kathy Reese, 3424 Chesapeake Boulevard, Ann Fitzgibbon Avenue, 5009 Gosnold Avenue and Dan Montague, 4605 Krick Street.

                  

ACTION:   The Ordinance as introduced was adopted, effective June 17, 2005.

Yes:   Burfoot, Hester, Riddick, Williams, 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 recommending a public hearing be held to hear comments on the renewal of a lease by Verizon Virginia Inc., successor to Bell Atlantic-Virginia Inc., on 1,600 square feet of land on the grounds of the Fairlawn Elementary School/Recreation Center.

 

 ACTION:  City Clerk authorized to advertise for a public hearing on June 14, 2005.

 

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

 

No:    None.

 

C-2                                 Letter from the City Manager recommending a public hearing be held to hear comments on the renewal of a lease by Alltel Communication Inc., on approximately 2,750 square feet of land on the grounds of Northside Park located at 8400 Tidewater Drive.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 14, 2005.

 

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

 

No:    None.

 

C-3                                 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 April 2005 for the Norfolk Police Department in partnership with Fire-Rescue.

 

 ACTION: Received and filed.

 

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

 

No:    None.

 

 

 

 

C-4                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of Norfolk Redevelopment and Housing Authority to close, vacate and discontinue portions of Pleasant Avenue, 28th Bay Street and East Ocean View Avenue.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 14, 2005.

 

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

 

No:    None.

 

REGULAR AGENDA

 

R-1                                 Matter of a letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the operation of an eating and drinking establishment on property located at 840-G Church Street,” was introduced in writing and read by its title.

                       (PASSED BY AT THE MEETINGS OF MAY 10, 2005 AND MAY 17, 2005)

 

ACTION:   Continued to May 24, 2005.

 

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

 

No:    None.

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the operation of off-lot parking on property located at 7428 Tidewater Drive,” was introduced in writing and read by its title.

                  

                   The following persons were present in support of the application: James Ravenell, the applicant, 610 Whisper Walk, Chesapeake, Virginia  and Quawanna Reddick, 164 Squire Reach, Suffolk, Virginia but did not speak.

 

ACTION:   The Ordinance as introduced was LOST.

 

Yes:   None.

 

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

 

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 4408 Monarch Way,” was introduced in writing and read by its title.

 

 

 

ACTION:   The Ordinance as introduced was adopted, effective May 17,  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 to amend and reordain the Norfolk City Code, 1979, by adding a new section numbered 25-286.16 SO AS TO designate that portion of Marshall Avenue as a parking permit area,” was introduced in writing and read by its title.

 

                   David Savin, the applicant, 2310 Oak Street, Virginia Beach, Virginia, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective May 17, 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 approving the application for and acceptance of a Field Test Kit grant award of up to 9,196 Field Test Kits from the Commonwealth of Virginia, Department of Criminal Justice Services, Division of Forensic Science,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 17, 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 approving the conveyance to the City of Norfolk by Norfolk Redevelopment and Housing Authority of a certain parcel of property shown on a plat entitled, “Plat Showing Property To Be Acquired from Norfolk Redevelopment and Housing Authority, by the City of Norfolk, Virginia for proposed widening of Colley Avenue, Norfolk, Virginia,” and authorizing the City Manager to accept the deed on behalf of the City,” was introduced in writing and read by its title.

 

                   Attorney Delphine Pioffret, 1200 Bank of America Building, was present to answer questions.

                               

 

 

 

ACTION:   The Ordinance as introduced was adopted, effective May 17, 2005.

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

 

No:    None.

 

R-7                                 Letter from the City Manager and a Resolution entitled, “A Resolution supporting the application of the Norfolk and Portsmouth Belt Line Railroad Company to the Virginia Department of Rail and Public Transportation for Rail Preservation Funds and requesting priority consideration therefor,” was introduced in writing and read by its title.

 

                   Dennis Walker, company representative, 1050 Virginia Avenue, Portsmouth, Virginia, was present to answer questions.

 

ACTION:   The Resolution as introduced was adopted, effective May 17, 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 approving a right of entry agreement with Hampton Roads Sanitation District, and authorizing the expenditure of the sum of $55,000.00 for such obligations set forth in the Right of Entry Agreement,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 17, 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 to amend and reordain Article III of Chapter 18.1 of the Norfolk City Code, 1979, SO AS TO add a permit issuance as a requirement for mobile ice cream vendors,” was introduced in writing and read by its title.

 

ACTION:   Continued to May 24, 2005.

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

 

No:    None.


 

R-10                               Letter from the City Manager and a Resolution entitled, “A Resolution approving the report of the Joint Land Use Study in which the City participated with the cities of Chesapeake and Virginia Beach, and with the United States Navy and the Hampton Roads Planning District Commission,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective May 17, 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 to amend and reordain the Norfolk City Code SO AS TO add a new section numbered 29-79 relating to keeping, storing, or maintaining portable storage units on residential property,” was introduced in writing and read by its title.

                  

                   Anita Poston, 500 World Trade Center, representing Keep It Simple Storage, 4816 Pods Way, spoke in favor of the application.

 

                   Attorney R. J. Nutter, 222 Central Park Avenue, spoke in opposition of the application.

 

ACTION:   Continued to May 24, 2005.

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

 

No:    None.

 

R-12                               Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a special exception to operate an eating and drinking establishment on property located at 332 Granby Street,” was introduced in writing and read by its title.

 

                   Scott Marks, the applicant, 332 Granby Street, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective May 17, 2005.

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

 

No:    None.

 

 

 

 

 

R-13                               Letter from the City Manager and an Ordinance entitled, “An Ordinance appropriating funds for operation of the City for Fiscal Year 2005-2006; decreasing the rate of real property taxes, creating an exemption from and deferring certain real property taxes, imposing and increasing certain fees; authorizing a supplement to retirees; approving and appropriating and authorizing the expenditure of funds for the Residential Property Ownership Program; regulating the payment of money from the City treasury;” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2005.

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

 

No:    Williams and Wright.

 

R-14                               Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the Capital Improvement Program Budget for the Fiscal Year 2005-2006; appropriating $170,200,722 for certain projects approved therein; authorizing an issue of bonds in the amount of $137,825,722 and the expenditure of $32,375,000 in cash therefor; and authorizing the undertaking of certain approved projects,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2005.

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

 

No:    Williams and Wright.

 

R-15                               Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the July 1, 2005 through June 30, 2006 budget for the Norfolk Law Library, appropriating $284,830.00 and authorizing the City Treasurer to make disbursements in accordance with the approved budget,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2005.

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

 

No:    None.

 

 

 

 

 

 

 

 

R-16                               Letter from the City Manager and an Ordinance entitled, “An Ordinance approving and adopting the Fiscal Year 2006 Compensation Plans for officers and employees of the City, amending and reordaining personnel provisions of the City Code, approving criteria and procedures for pay supplements for certain constitutional and state officers and their employees and authorizing the expenditure therefor of funds previously appropriated,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2005.

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

 

No:    None.