NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, MAY 24, 2005 – 7:30 P.M.

 

Prayer offered by Reverend Rich Hardison, Pastor, Tabernacle Church of Norfolk, followed by the Pledge of Allegiance.

 

Ms. Hester moved to dispense with the reading of the minutes of the previous meeting.

 

Motion adopted.

 

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

 

                   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 May 24, 2005.

 

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

 

No:    None.

                               

Mr. Fraim absent during voting.

 

 

PUBLIC HEARINGS

 

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on May 10, 2005 under the State law, public notice having been inserted in the local press by the City Clerk on the application of WILLIAM HOOVER to close, vacate, and discontinue a portion of an unnamed lane north of E. 17th Street running between Granby Street and Monticello Avenue.

 

                   Montague Gammon, the applicant, 3723 Henrico Street, was present to answer questions.

 

Thereupon, an Ordinance entitled, “An Ordinance to close, vacate and discontinued a portion of an unnamed lane between 17th Street and 18th Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 24, 2005.

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

 

No:    None.

 

Mr.  Fraim absent during voting.

 

 

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 application of VIRGINIA SUPPORTIVE HOUSING to amend the General Plan of Norfolk, 1992, from Industrial/Transportation/Utility to Institutional and to change the zoning from I-1 (Limited Industrial) to Conditional IN-1 (Institutional District) on property located at 705 W. 25th Street.

 

The following persons spoke in support of this application:

Claudia Gooch, 130 West Plume Street, John Hoover, 2856 Greenview Road, William Groom, 521 Graydon Avenue, Apt E., Byron Tobin, 401 College Place, #4, Opel Simmons, 1221 Evon Avenue, Richmond, Virginia,

George Monette, 435 West 29th Street, Dale Guading, 426 Rhode Island Avenue, Lee Green, 426 Rhode Island Avenue, Glenn Ruley, 240 West 29th Street, R. David Goldsticker, MD, 529 Suburban Parkway, Terry Spencer, 430 West 31st Street, Clara Smith, 3801 Chattam Circle, Neil Walsh, 1367 Cornwall Place, Dennis Hustead, 3709 Llewellyn Avenue, and Nelson White, 738 W. 35th Street. Angela Scott, 2515 Walmer Avenue, was present but did not speak,.

 

 

The following persons spoke in opposition of this application:

Rodney Jordan, 304 West 36th Street, Wayne Jones, 710 West 34th Street.

Vicki Haneline, 323 West 34th Street, Doretha Boone-Skeeter, 231 West 37th Street, Charles Adams, 327 West 34th Street, Marvin Purvis, 900 West 31st Street, Kathy Stark, 524 Pennsylvania Avenue and Michael Hammer, 1023 West 35th Street.

 

Thereupon, an Ordinance entitled, “An Ordinance to amend the General Pan of Norfolk SO AS TO change the land use designation for property located at 705 West 24th Street from industrial/transportation/utility to institutional,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 24, 2005.

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

 

No:    None.

 

PH-2A                            Thereupon an Ordinance entitled, “An Ordinance to rezone property located at 705 West 25th Street from I-1 (Limited Industrial) to Conditional IN-1 (Institutional),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 24, 2005.

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 recommending a public hearing be scheduled to hear comments on the request of VULCAN LANDS, INC. to purchase certain property located off of Ballentine Boulevard.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 21, 2005.

                  

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

 

No:    None.

 

President Fraim absent during voting.

 

C-2                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of the CITY OF NORFOLK, to close, vacate and discontinue portions of Bayne Avenue, Campaw Avenue and Harrell Avenue.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 21, 2005.

 

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

 

No:    None.

 

President Fraim absent during voting.

 

C-3                                 Letter from the City Manager recommending a public hearing be held to hear comments on the request of NORFOLK REDEVELOPMENT AND HOUSING AUTHORITY, to transfer certain parcels of property described as Lots 1 and 2, Block 42 and Lots B, C, D and F, Block 23,  East Ocean View, Plat A, Section Number 2.

                  

ACTION:   City Clerk authorized to advertise for a public hearing on June 21, 2005.

 

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

 

No:    None.

 

President Fraim absent during voting.

 

 

REGULAR AGENDA

 

R-1                                 Matter of a 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.

(PASSED BY AT THE MEETINGS OF APRIL 26, AND MAY 10, 2005)

 

The following persons spoke in support of the application: Jeff Kerr, representing the applicant, 501 Front Street, John Tymoff, 1403 Stockley Gardens, the architect, and Susan Pilato, 2705 Indian Creek Court, Virginia Beach, Virginia.

 

Richard Levin, 610 Pembroke Avenue, opposed the application, was present but did not speak.

 

                        Thereupon and Ordinance entitled, “An Ordinance to amend the General Plan of Norfolk, 1992, SO AS TO change the land use designation for property located at 201 East 20th Street from industrial/transportation/utility to commercial office,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was LOST.

 

Yes:   Fraim and Winn.

 

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

 

R-1A                              An Ordinance entitled, “An Ordinance to rezone property located at 201 East 20th Street from I-1 (Limited Industrial) to Conditional C-2 (Corridor Commercial),” was introduced in writing and read by its title.

                            

ACTION:   The Ordinance as introduced was LOST.

 

Yes:   Fraim and Winn.

 

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

 

R-2                                 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 AND 17, 2005)

 

                   Patrick Modean, 840 G Church Street, was present to answer questions.

                       

ACTION:   The Ordinance as introduced was adopted, effective May 24, 2005.

 

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

                  

                   No:    None.

 

President Fraim absent during voting.

 

R-3                                 Matter of a 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.

       (PASSED BY AT THE MEETING OF MAY 17, 2005)

 

ACTION:   Continued Generally.

 

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

                  

                   No:    None.

 

President Fraim absent during voting.

 

R-4                                 Matter of a 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.

                                   (PASSED BY AT THE MEETING OF MAY 17, 2005)

 

The following persons spoke in support of the application:  R. J. Nutter, 222 Central Park Avenue,  Steve Romine, 909 Waterside Drive, Rob Peterson, 608 September Lane, and John Coor, 16 Maxwell Road, Richmond, Virginia.

 

Anita Poston, 500 World Trade Center, was present to answer questions.

 

                   Don Bilbo, 416 Woodbury Drive, Chesapeake, Virginia, spoke in opposition of the application.

                            

                   Councilman Winn moved to amend the Ordinance as introduced to impose a permit fee after the 16th day.

 

ACTION:   Motion adopted.

 

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

 

No:    None

                  

R-4A                              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.

 

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

 

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

                  

                   No:    Williams

 

R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to add Section 24-223 to the Norfolk City Code, 1979, SO AS TO provide for penalties and interest for late remittance of tax on purchase of utility services,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 24, 2005.

 

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

 

                    No:    Riddick.

 

R-6                                 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 25-286.17 SO AS TO designate that portion of Burgoyne Avenue as a parking permit area,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 24, 2005.

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

 

No:    None.

 

R-7                                 Letter from the City Manager and the following two Ordinances:

 

                                      An Ordinance entitled, “An Ordinance closing certain city-owned docks to public use during the 2005 Harborfest Celebration,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 24, 2005.

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

 

No:    None.

 

R-7A                              An Ordinance entitled, “An Ordinance establishing certain public areas and streets of the City of Norfolk as the “Festival Area” and setting forth the regulations applicable to such festival area for the Harborfest 2005 Celebration,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 24, 2005.

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

 

No:    None.

 

R-8                                 Letter from the City Manager and the following three Ordinances:

 

                                      An Ordinance entitled, “An Ordinance accepting the offer of ASHBY R. HACKNEY and LORRAINE R. HACKNEY to grant to the City of Norfolk a temporary easement over certain property located at 7445 Gleneagles Road, and authorizing the expenditure of the sum of $18,000.00 for such easement from funds heretofore appropriated,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 24, 2005.

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

 

No:    None.

 

R-8A                              An Ordinance entitled, “An Ordinance accepting the offer by LENOX D. BAKER, JR. and FRANCES W. BAKER to grant to the City of Norfolk a permanent and exclusive easement over certain property located at 7446 North Shore Road, and authorizing the expenditure of the sum of $15,000.00 for such easement from funds heretofore appropriated,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 24, 2005.

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

 

No:    None.

 

R-8B                               An Ordinance entitled, “An Ordinance approving the release and quitclaim to LENOX D. BAKER, JR. and FRANCES W. BAKER of their successor or assign, of a portion of that certain sewage easement that extends from the northern line of North Shore Road northwardly to the southern line of Gleneagles Road, and authorizing the City Manager to execute the deed of release and quitclaim,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 24, 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 granting a Downtown Development Certificate to permit a mixed use, 15-story building on property located on the east side of Boush Street between Tazewell Street and College Place,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 24, 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 FY 2006 Annual Plan for the Consolidated Plan (Fiscal Years 2004 through 2008); approving the applications for Community Development Block Grant Program (CDBG), Home Investment Partnership Program (HOME), Emergency Shelter Grant Program (ESG) and American Dream Down Payment Initiative Grant Program Funds; appropriating and authorizing the expenditure of $7,996,433 in CBDG Grant Funds, $2,242,032 in Home Grant Funds and $228,559 in ESG Grant Funds and $73,471 in American Dream Down Payment Initiative Grant Funds, if and when made available, and authorizing the appropriate city officials to do all things necessary to receive the funds and carry out the programs,” 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.

 

NEW BUSINESS

 

Daniel Montague, 4605 Krick Street, President of Sherwood Forest Civic League, asked Council to consider switching item C-3 on today’s docket and the Bay Oaks Ordinance to a night meeting, for those who can not attend the day meetings.