NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
JUNE 14, 2005 – 2:30 P.M.
Prayer
offered by Reverend
W.D. Tyree, III, Pastor, First Baptist Church Berkley, 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.
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 14, 2005.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
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 to receive nominations for
appointment to the Norfolk School Board.
Nominations were
received as follows:
1. George Banks,
1736 Indian River Road, nominated Dr. Lillian P. Wright.
2. Anita Poston,
500 World Trade Center, nominated Barry C. Bishop.
3. Norman Maas, 6247
Bridle Way, nominated George W. Cook.
4. Cal Davidson, 805 Townsend Court, nominated
George W. Cook.
5. George W. Cook, 2720 Marlboro Avenue, nominated
himself.
4. Daniel Montague,
4605 Krick Street, asked to be nominated and
called for an
elected school board.
Nominations from Council:
1. Mayor Fraim nominated: George Raiss, Henry
Giffin, III and
James T. Driggers.
ACTION: Nominations
accepted and public hearing closed.
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 May 17,
2005 under the State law, public notice having been inserted in the local press
by the City Clerk 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.
Thereupon, an
Ordinance entitled, “An Ordinance approving a lease agreement with Verizon Virginia, Inc., for a parcel of land at Fairlawn
Elementary School/Recreation Center, in the City of Norfolk,” was introduced in
writing and read by its title.
ACTION: The
Ordinance as introduced was adopted, effective July 15, 2005.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright, and Fraim.
PH-3 PUBLIC
HEARING scheduled this day pursuant to action of the Council on May 17,
2005 under the State law, public notice having been inserted in the local press
by the City Clerk 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.
Thereupon, an
Ordinance entitled, “An Ordinance approving a lease agreement with Alltel
Communications, Inc., for a parcel of land at 8400 Tidewater Drive, located in
the City of Norfolk,” was introduced in writing and read by its title.
ACTION: The
Ordinance as introduced was adopted, effective July 15, 2005.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright, and Fraim.
PH-4 PUBLIC
HEARING scheduled this day pursuant to action of the Council on May 17,
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 close, vacate and discontinue portions of Pleasant Avenue, 28th
Bay Street and East Ocean View Avenue.
Thereupon, an
Ordinance entitled, “An Ordinance to close, vacate and discontinue portions of
East Ocean View Avenue, Pleasant Avenue, and 28th Bay Street in the
City of Norfolk,” was introduced in writing and read by its title.
ACTION: The
Ordinance as introduced was adopted, effective June 14, 2005.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright, and Fraim.
CONSENT
AGENDA
C-1 Letter from the City Manager presenting
recommendation of the City Planning Commission on the application of Taco Bell of America, Inc., to change
the zoning from Conditional C-2 (Corridor
Commercial) to Conditional C-2 (Corridor Commercial) and from R-8 (One-Family
Residential) to Conditional C-2 (Corridor Commercial) and for a special
exception to operate a commercial drive-through facility on property located at
4001-4015 Hampton Boulevard.
ACTION: City Clerk authorized to
advertise for a public hearing on July 12, 2005.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
C-2 Letter from the City Manager presenting
recommendation of the City Planning Commission on the application of Sonic Café to change the zoning from R-8 (One-Family Residential) to Conditional
C-2 (Corridor Commercial) and for a special exception to operate a
commercial drive-through facility on property located on the north side of 39th Street, the west side
of Hampton Boulevard, and the south
side of 40th Street.
ACTION: City Clerk authorized to
advertise for a public hearing on July 12, 2005.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
REGULAR AGENDA
R-1 Matter
of a 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.
(Passed by at the meeting of June 7, 2005)
Thomas Dickenson, the applicant, 1170 Lexan Avenue, was present to answer questions.
ACTION: The Ordinance as introduced was LOST.
Yes: None.
No: Burfoot, Hester, Riddick, Williams, Winn, Wright and Fraim
R-2 Matter
of a 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.
(Passed by at the meeting of June 7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective June 14, 2005
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-3 Letter
from the City Manager and the following three Ordinances:
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 read by its title.
(Placed on first reading at the meeting of June
7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective June 14, 2005
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-3A An
Ordinance entitled, “An Ordinance to amend and reordain
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 read by its title.
(Placed on first reading at the meeting of June
7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective July 1, 2005
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-3B 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 read by its title.
(Placed on first reading at the meeting of June
7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective July 1, 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 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 read by its title.
(Placed on first reading at the meeting of June
7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective June 14, 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 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 read by its title.
(Placed on first reading at the meeting of June
7, 2005)
Jerry Miller, the applicant, 1507 E. Bay View Boulevard,
was present to answer questions.
Daniel
Montague, 4605 Krick Street, asked for clarification about the project.
ACTION: The Ordinance as introduced was adopted,
effective June 14, 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 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.
(Placed on first reading at the meeting of June
7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective June 14, 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 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.
(Placed on first reading at the meeting of June
7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective July 1, 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 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.
(Placed on first reading at the meeting of June
7, 2005)
Jeff Maynard, attorney for the applicant, 109 Conway
Avenue, was present to answer questions.
ACTION: The Ordinance as introduced was adopted,
effective June 14, 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 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.
(Placed on first reading at the meeting of June
7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective June 14, 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
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.
(Placed on first reading at the meeting of June
7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective June 14, 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 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.
(Placed on first reading at the meeting of June
7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective June 14, 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 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.
(Placed on first reading at the meeting of June
7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective June 14, 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 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.
(Placed on first reading at the meeting of June
7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective June 14, 2005
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-14 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.
(Placed on first reading at the meeting of June
7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective June 14, 2005
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-15 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 $10,882.00; 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.
(Placed on first reading at the meeting of June
7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective June 14, 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 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.
(Placed on first reading at the meeting of June
7, 2005)
ACTION: The Ordinance as introduced was adopted,
effective June 14, 2005
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-17 Letter
from the City Manager and an Ordinance entitled, “An Ordinance authorizing the
City Manager to accept the dedication of a certain parcel of property located
in the City of Norfolk, from James A.
Moore, and authorizing the conveyance of certain property owned by the City
of Norfolk to James A. Moore, upon certain conditions,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 15, 2005
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-18 Letter
from the City Manager and an Ordinance entitled, “An Ordinance approving the
release and quitclaim to Harbor Walk
Development, LLC or its successor or assign, of a portion of that certain
drainage easement that extends from the eastern line of North View Boulevard eastwardly
to the western line of Parcel B-2 in Map Book 58, Page 16, recorded in the
Clerk’s Office of the Circuit Court of the City, 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 June 14, 2005
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-19 Letter
from the City Manager and an Ordinance entitled, “An Ordinance accepting a
grant from the United States Department
of Agriculture for the 2005 Summer Food Service Program For Children and appropriating and authorizing the
expenditure of $305,006.00 for the program,” was introduced in writing and read
by its title.
ACTION: The Ordinance as introduced was adopted,
effective June 14, 2005
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-20 Letter
from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain Chapter 29 of the Norfolk City Code, 1979, SO AS TO add one new section requiring
suspects to identify themselves at the request of law enforcement officers,”
was introduced in writing and read by its title.
Daniel
Montague, 4605 Krick Street, commented that the Norfolk Police Department does
not consistently enforce the laws that are passed by Council.
ACTION: The Ordinance as introduced was adopted,
effective June 14, 2005
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-21 Letter
from the City Manager and an Ordinance entitled, “An Ordinance repealing
Sections 29-71 and 29-72 and to amend and reordain section
29-73 of the Norfolk City Code, 1979, regarding loitering SO AS TO threaten the safety of persons or property,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective June 14, 2005
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-22 Letter
from the City Manager and an Ordinance entitled, “An Ordinance authorizing the
Management Services Agreement to be entered into with Waterside Marina, LLC, for the operation of the Waterside Marina,”
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective June 14, 2005
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-23 Letter
from the City Manager and an Ordinance entitled, “An Ordinance approving a
lease with Norfolk Senior Center, for certain premises located in the City of
Norfolk, The Norfolk Fitness and
Wellness Center, 7300 Newport Avenue, Norfolk, Virginia,” was introduced in
writing and read by its title.
Barbara
Lifland, 924 W. 21st Street, and Maury
Browne, 300 College Place, were present to answer questions.
Daniel
Montague, 4506 Krick Street, asked that a pool be installed at the Sherwood
Forest Recreation Center.
ACTION: The Ordinance as introduced was adopted,
effective July 15, 2005
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-24 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting certain
easements to Collins Recap IV, LLC,
relative to the Freemason Street Garage
and the property known as 388 Boush Street,” was introduced in writing and read
by its title.