NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, JUNE 7, 2005 – 2:30 P.M.

 

Prayer offered by Vice Mayor Daun S. Hester, followed by the Pledge of Allegiance.

 

President Fraim moved to excuse Mr. Riddick, Mr. Williams and Mr. Wright for their absence from today’s meeting.

 

Yes:   Burfoot, Hester, Winn, and Fraim.

 

                   No:    None.

 

President Fraim moved to dispense with the reading of the minutes of the previous meeting.

 

Motion adopted.

 

Yes:   Burfoot, Hester, Winn, 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.

 

ACTION:   The Resolution as introduced was adopted, effective June 7, 2005.

 

Yes:   Burfoot, Hester, Winn, 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 on the application of the CITY PLANNING COMMISSION to amend Section 11.2 “Chesapeake Bay Preservation Act Overlay District” of the Zoning Ordinance of the City of Norfolk SO AS TO conform to changes in the Chesapeake Bay Act Regulations.

 

                   Ellis W. James, 2021 Kenlake Place, spoke in opposition to this application and urged Council to protect the City’s wetlands.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to amend and reordain Sections 11-2.9, 11-2.10 and 11-2.11 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 ready by its title.

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

PH-1A                            Thereupon, an Ordinance entitled, “An Ordinance to amend and reordain in the Norfolk City Code, 1979, as amended by adding one new Section numbered 32-17 SO AS TO require a permit for an accessory structure encroachment into the Chesapeake Preservation Area one-hundred foot buffer,” was introduced in writing and ready by its title.

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

 

 

 

PH-1B                            Thereupon, an Ordinance entitled, “An Ordinance approving the receipt of funds generated as permit fees in accordance with City Code Section 32-17, appropriating the funds if and when made available, and establishing a special revenue account for placement of funds received, such account to be used solely as approved by the City Manager for restoration or enhancement of the resource protection area one hundred foot buffer or resource protection area feature undertaken by the City,” was introduced in writing and ready by its title.

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

PH-2                              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 RICHARD HAHN for a change of zoning from C-1 (Limited Commercial) to Conditional C-2 (Corridor Commercial) on property located at 9643-9665 First View Street.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 9643 to 9665 First View Street from Conditional C-2 (Corridor Commercial) to Conditional C-2 (Corridor Commercial),” was introduced in writing and ready by its title.

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

 

PH-3                              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 WESTOVER ASSOCIATES for a change of zoning from IN-1 (Institutional) District to Conditional R-7 (One-Family) District on property located on the south side of Norview Avenue and East of Sunshine Avenue.

 

                   Ed Thomas, 4807 Colley Avenue, Suite 7, was present on behalf of the applicant to answer questions.

 

ACTION:   Continued to June 14, 2005.  

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

PH-4                              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 NORFOLK BUILDING CORPORATION for a change of zoning from R-7 (One Family) to R-8 (One Family) on property located at 3650 Herbert Street.

                  

                   Jerry Miller, the applicant, 1507 E. Bayview Boulevard, was present to answer questions.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 3650 Herbert Street from R-7 (One-Family Residential) to R-8 (One-Family Residential),” was introduced in writing and ready by its title.

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

 

CONSENT AGENDA

 

C-1                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of BURKHART, THOMAS, AND REED, to change the zoning from R-8 (One-Family) to C-2 (Corridor Commercial) on property located on the south side of 41st Street and west of Colley Avenue.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 28, 2005.

 

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

                  

C-2                                 Letter from the City Manager advising in accordance with Chapters 33.1-40 and 33.1-41 of the Norfolk City Code of emergency/sole source procurements during the months of March and April 2005.

 

ACTION:   Received and filed.

 

C-3                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of RICHARD PRETLOW, to change the zoning from C-2 (Corridor Commercial) to R-9 (One-Family) and to amend the General Plan of Norfolk, 1992, from medium density residential to low density residential on property located on the southeast corner of Appomattox Street and Whitehead Avenue.

 

ACTION:   City Clerk authorized to advertise for a public hearing on June 28, 2005.

 

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

C-4                                 Letter from the City Manager recommending a public hearing be held to hear comments on the purchase of land from EASTERN VIRGINIA MEDICIAL SCHOOL for property located at 130 Colley Avenue.

                  

ACTION:   Changed to R-10.

 

 

C-5                                 Letter from the City Manager recommending a public hearing be held to hear comments on the purchase of land from EASTERN VIRGINIA MEDICIAL SCHOOL for property located at 121 Colley Avenue.

 

ACTION:   Changed to R-11

 

C-6                                 Letter from the City Manager recommending a public hearing be held to hear comments on the purchase of land from PHILIP M. TRAHADIAS AND MARY A. TRAHADIAS for property located at 143 Colley Avenue.

 

ACTION:   Changed to R-12.

 

REGULAR AGENDA

 

R-1                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving an agreement with the Commonwealth of Virginia, Department of Transportation, for the construction, operation, and maintenance of that certain project known as Midtown Tunnel Project 0337-122-116-L 801 (UPC#52059), and appropriating and authorizing the expenditure of the sum of $4,462.79 for such purposes,” was introduced in writing and read by its title.

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting a grant in the amount of $795,730 from the Virginia Department of Criminal Justice Services for the Pretrial Services Program and the Local Offender Treatment and Supervision Program (LOTS), appropriating the funds, authorizing the expenditure of $58,000 in local funding for the LOTS Program and authorizing the employment of twenty (20) persons for the programs and providing funds for the salaries and benefits of said persons,” was introduced in writing and read by its title.

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

 

R-3                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a special exception to permit off-lot parking on property located at 245 West Olney Road,” was introduced in writing and read by its title.

 

                   Jeff Maynard, attorney for the applicant, 109 Conway Avenue, Norfolk, VA 23505, was present to answer questions

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend City Code Section 42-10 relating to encroachments and obstructions SO AS TO delete the requirement for a notice of violation before enforcement action can be taken and to designate citizens to undertake sign removal after attending a training program,” was introduced in writing and read by its title.

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the conveyance of a certain parcel of property located in Norfolk designated as parcel 35A south of Brambleton Avenue and west of Duke Street to the City of Norfolk by Norfolk Redevelopment and Housing Authority,” was introduced in writing and read by its title.

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

 

R-6                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving agreements with the Commonwealth of Virginia, Department of Transportation, for project development and administration by the City of Norfolk of the Chesapeake Boulevard Project, the Brambleton Avenue Project, and the Tidewater Drive Project, and appropriating and authorizing the expenditure of the total sum of $1,230.00 for said projects,” was introduced in writing and read by its title.

 

ACTION:   Continued to June 14, 2005.  

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

R-7                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to repeal Sections 2-545, 2-546, 2-547, 2-548, 2-549 and 2-550 of the Norfolk City Code, which constitute Article XIV of Chapter Two, titled, ‘Community Hospital Commission,’ ” was introduced in writing and read by its title.

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

R-8                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting a local incentive fee of $291,058.00 from the Virginia Department of Medical Assistance Services for completion of a Virginia Public Nursing Home and Hospital Intergovernmental Transfer (IGT), and appropriating and allocating $194,038.67 of such sum to the Community Services Board and $97,019.00 of such sum to Lake Taylor Transitional Care Hospital,” was introduced in writing and read by its title.

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

 

R-9                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the acceptance of a grant of up to $1,614.07 from the Schools and Libraries Division of the Universal Service Administrative Company and appropriating and authorizing the expenditure of the funds for telecommunications and technology services for the Norfolk Public Library,” was introduced in writing and read by its title.

 

                   Barbara Weedman, 301 E. City Hall Avenue, was present on behalf of Norfolk Public Libraries.

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

R-10                                Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the purchase from Eastern Virginia Medical School of a certain parcel of property that is a portion of the property located at 130 Colley Avenue, for the sum of $33,488.00; authorizing the City Manager to negotiate an agreement in substantial conformity with the terms and conditions of the attached purchase and sale agreement; and authorizing the expenditure of a sum of up to $39,000.00 from funds heretofore appropriated to cover the purchase price and other transaction costs,” was introduced in writing and read by its title.

                  

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

 

R-11                                Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the purchase from Eastern Virginia Medical School of a certain parcel of property that is a portion of the property located at 121 Colley Avenue, for the sum of $10,822.00; authorizing the City Manager to negotiate an agreement in substantial conformity with the terms and conditions of the attached purchase and sale agreement; and authorizing the expenditure of a sum of up to $16,000.00 from funds heretofore appropriated to cover the purchase price and other transaction costs,” was introduced in writing and read by its title.

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

R-12                                Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the purchase from Philip M. Trahadias and Mary A. Trahadias of a certain parcel of property that is a portion of the property located at 143 Colley Avenue, for the sum of $59,225.00; authorizing the City Manager to negotiate an agreement in substantial conformity with the terms and conditions of the attached purchase and sale agreement; and authorizing the expenditure of a sum of up to $65,000.00 from funds heretofore appropriated to cover the purchase price and other transaction costs,” was introduced in writing and read by its title.

 

ACTION:   Placed on First Reading.

Yes:   Burfoot, Hester, Winn and Fraim.

 

No:    None.

 

 

NEW BUSINESS

 

                   Joanne Batson, 800 Tidewater Drive, was present of behalf of the Southeastern Virginia Food Bank and informed Council about National Hunger Awareness Day.

 

                   Bernard Boykins, 906 Appomattox Street, addressed the City’s homelessness issue and shared information from the 2005 National Conference on Homelessness.