NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, JUNE 28, 2005 – 7:30 P.M.

 

Prayer was offered by Bishop Darrin C. Johnson, Dominion International Church, followed by the Pledge of Allegiance.

 

President Fraim moved to excuse Mr. Winn for his absence from today’s meeting.

 

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

 

                   No:    None.

 

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

 

Motion adopted.

 

Yes:   Burfoot, Hester, Riddick, Williams, Wright, 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 28, 2005.

 

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

 

No:    None.

 

 

 

 

 

 

 

 

CEREMONIAL MATTERS

 

                   President Fraim read a Proclamation honoring the Silver Dolphins Swim Club and recognized their achievements this year.  Coach Richard Hahn accepted the Proclamation and was accompanied by 25 Swim Club members.

 

PUBLIC HEARINGS

 

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on June 7, 2005 under the State law, public notice having been inserted in the local press by the City Clerk 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.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone property located on the South Side of 41st Street and west of Colley Avenue from R-8 (One-Family Residential) to C-2 (Corridor Commercial),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 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 June 7, 2005 under the State law, public notice having been inserted in the local press by the City Clerk 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.

 

                             Richard Pretlow, the applicant, 500 Liberty Street, Chesapeake VA, was present to answer questions.

                                      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 on the south side of Appomattox Street and east of Whitehead Avenue from Medium Density Residential to Low Density Residential,” was introduced in writing and read by its title.

 

 

 

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005.

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

 

No:    None.

 

PH-2A                            Thereupon, an Ordinance entitled, “An Ordinance to rezone property located on the south side of Appomattox Street and east of Whitehead Avenue from C-2 (Corridor Commercial) to R-9 (One Family Residential),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005.

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

 

No:    None.

 

CONSENT AGENDA

 

C-1                                 Letter from the City Manager recommending a public hearing be scheduled to hear comments on the proposed sale of certain City property to Harmony Investments.

 

ACTION:  City Clerk authorized to advertise for a public hearing on July 12, 2005.

 

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

 

No:    None.

 

C-2                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the applications of Riverpoint Court Condominiums to amend The General Plan of Norfolk, 1992, to change the land use designation for property located at 6111 Granby Street from Institutional to Medium Density Residential and to change the zoning from IN-2 (Institutional Campus District) to conditional R-12 (Medium Density Multiple-Family).

 

ACTION:  City Clerk authorized to advertise for a public hearing on July 19, 2005.

 

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

 

No:    None.

 

C-3                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of Robert Boyd to change the zoning from conditional C-2 (Corridor Commercial) District to R-8 (One-Family) District on property located at 3606 and 3610 East Princess Anne Road.

 

ACTION:  City Clerk authorized to advertise for a public hearing on July 19, 2005.

 

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 Lexco Properties, LLC, to change the zoning from PD-Watermark (Planned Development Watermark) to C-2 (Corridor Commercial) District on property located at 8111 Shore Drive.

 

ACTION:  City Clerk authorized to advertise for a public hearing on July 19, 2005.

 

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

 

No:    None.

 

C-5                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the applications of Calvary Revival Church to change the zoning from C-2 (Corridor Commercial) to Conditional IN-1 (Institutional) and to rezone property in order to change conditions on property zoned Conditional IN-1 (Institutional) on property located at 5833 Poplar Hall Drive.

 

ACTION:  City Clerk authorized to advertise for a public hearing on July 19, 2005.

 

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

 

No:    None.

 

 

C-6                                 Letter from the City Manager requesting a joint public hearing be scheduled with the City Planning Commission on the applications of NORFOLK REDEVELOPMENT AND HOUSING AUTHORITY AND THE CITY OF NORFOLK, to close, vacate and discontinue a portion of 4th Bay Street and a change of zoning from R-12 (Medium Density Multiple-Family) and IN-1 (Institutional) District to 3rd to 7th Bay Street Residential Planned Development District (PDR-3rd to 7th Bay) and to create the 3rd to 7th Bay Street Residential and Planned Development District.

 

 

 

 

 

 

ACTION:  City Clerk authorized to advertise for a public hearing on July 19, 2005.

 

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

 

No:    None.

 

 

C-7                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of  Spectrum at Willoughby Point to create and implement the Spectrum at Willoughby Point Mixed-Use Planned Development (PD-MU Spectrum at Willoughby Point).

 

ACTION:  City Clerk authorized to advertise for a public hearing on July 19, 2005.

 

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

 

No:    None.

 

REGULAR AGENDA

 

R-1                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the operation of an eating and drinking establishment on property located at 213 Granby Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

R-2                                 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 3574 North Military Highway,” was introduced in writing and read by its title.

 

                   Waring Claud, President, Azalea Acres Civic League, 5720 Kevin Court, asked Council to defer this application because they were not notified.

 

ACTION:   Continue generally.

 

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

 

                   No:    None.

 

R-3                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the operation of off-lot parking on property located at 288 East Little Creek Road,” was introduced in writing and read by its title.

 

                   `Frank Horton, 9541 Philip Avenue, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

 

 

 

 

 

 

 

 

R-4                                 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 111 Tazewell Street,” was introduced in writing and read by its title.

 

                   Dr. Sture Sigfred, the applicant, 520 W. 22nd Street, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance appropriating $17,632,142 in state and federal grants, contract funds, fees and miscellaneous revenue to the Norfolk Community Services Board and approving the Board’s annual program,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

R-6                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the acceptance of receipts from the three special revenue projects comprising the Sheriff’s Community Corrections Programs, appropriating one million one hundred and twenty five thousand dollars ($1,125,000.00) for fiscal year 2006, if and when received from the Sheriff, appropriating the sum of one hundred seventy five thousand dollars ($175,000.00) from the fund balance in the fiscal year 2005 special revenue accounts for these programs and authorizing the expenditure thereof by the Sheriff ,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

 

 

 

 

R-7                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the terms and conditions of amendment No. 2 to the Lease Agreement between the City and the National Oceanic & Atmospheric Administration (NOAA) for premises at Nauticus, the National Maritime Center, and appropriating and authorizing the expenditure of $303,000.00 from NOAA for the design, construction and installation of exhibits and for cooperative educational programs and services at the National Maritime Center,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 29, 2005

 

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

 

                   No:    None.

 

R-8                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving a temporary operation and maintenance agreement between the Commonwealth of Virginia, Department of Criminal Justice Service and the City of Norfolk, relative to the Norfolk Public Health Center,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

R-9                                 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 999 Waterside Drive,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

 

 

 

 

 

 

 

 

R-10                               Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Sarah M. and Joseph O. Hamlin to encroach into Cypress Street at Wilson Road a distance of 4’ with a handicap ramp and 3’3” with an existing building,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

R-11                               Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Dr. Ellen Fitzenrider, PLLC, to encroach into the right of way of Colley Avenue at 1902 Colley Avenue, a maximum of 30” with an overhanging directional light and 3.5’ X 3.5’ with a wooden sign,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

R-12                               Letter from the City Manager and the following two Ordinances:

 

                                      An Ordinance entitled, “An Ordinance granting a special exception to operate an eating and drinking establishment on property located at 116 Brooke Avenue,” was introduced in writing and read by its title.

 

                   Dr. Sture Sigfred, the applicant, 520 W. 22nd Street, was present to answer questions

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

 

 

 

 

 

 

 

R-12A                             An Ordinance entitled, “An Ordinance granting a special exception to permit the sale of alcoholic beverages for off-premises consumption on property located at 116 Brooke Avenue,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

R-13                               Letter from the City Manager and the following two Ordinances:

                                     

                                      An Ordinance entitled, “An Ordinance granting a special exception to operate an eating and drinking establishment of property located at 112 Brooke Avenue,” was introduced in writing and read by its title.

 

                   Dr. Sture Sigfred, the applicant, 520 W. 22nd Street, was present to answer questions

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

R-13A                             An Ordinance entitled, “An Ordinance granting a special exception to permit the sale of alcoholic beverages for off-premises consumption on property located at 112 Brooke Avenue,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

 

 

 

 

 

 

 

 

R-14                               Letter from the City Manager and an Ordinance entitled, “An Ordinance waiving the requirements of Section 12-213 (1) of the Norfolk City Code, 1979, due to the existence of certain special circumstances SO AS TO permit the cremated remains of Dorothy A. Kilgore to be interred with the remains of her deceased husband, Harold C. Kilgore, Sr., in the Public Mausoleum in Forest Lawn Cemetery,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

R-15                               A Resolution entitled, “A Resolution appointing George W. Cook and James T. Driggers and reappointing Barry C. Bishop and Lillian P. Wright to the School Board of the City of Norfolk” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective June 28, 2005

 

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

 

                   No:    None.

 

R-16                               A letter from the City Clerk with reference to a petition submitted by Mr. William C. Kerry on behalf of a committee seeking to amend the General Plan of Norfolk, 1992, on property located from 3rd to 7th Bay Street.

 

ACTION:   Received and filed.

 

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

 

                   No:    None.

 

 

 

 

 

 

 

 

 

 

 

 

NEW BUSINESS

 

                   Greg Ridley, 1237 W. 27th Street, spoke in support of Rodney Jordan being reappointed to the Norfolk Redevelopment and Housing Authority.

 

                   Glenn Jones, 3912 Larkin Street, representing Visions for Coleman Place Community Group, commented on the City’s crime problem.

 

                   Alton Robinson, 735 W. 35th Street, asked Council for more involvement in solving the City’s crime problem.

 

                   Sherry Ellis-Freeman, 715 A Avenue, lost her 15-year old son to violence last week and suggested the police do more to enforce curfews.

 

                   Carlos Howard, 436 W. 35th Street, asked Council to extend recreation center hours and reinstate the PACE Program and the Gang Squad as a way to end violence.

                  

                   Marcus McGhee, Sr., 313 North Rosemont Road, Virginia Beach, lost his son to violence in November of 2003 at Norfolk State University and asked Norfolk to “take back the streets”.

 

                   Sarah Wright, 810 Fremont Street, a life-long resident of the Huntersville Neighborhood, described the crime that occurs in her front yard.

 

                   Tashiwana Staton, 2129 Keller Avenue, Apt. B, feels that drug dealers have taken over the Huntersville section of the City.

 

                   Shirnita Howard, 3108 Chesapeake Boulevard, asked that more money be invested in our recreation centers and for the Norfolk Skills Center to remain open, citing success stories from its programs.

 

                   Robert Lewis, 760 A Avenue, advised Council that he is very upset with the level of violence and drug activity going on in Huntersville and begged for help.

 

                   Bilal Muhammad, 3127 Bapaume Avenue, said that a plan needs to be put in place before any progress can be made regarding the City’s crime problem.

 

                    James Kittrell, 1023 E. Olney Road, reiterated the need for help in reducing crime.

 

 

 

 

 

                   Roman Grandy, 3221 Dunkirk Avenue, challenged Council to hit the streets and see for themselves what is going on in our communities.

 

                   Michael Rorer, 2826 Somme Avenue, suggested Council impose hefty fines on drug convictions as a deterrent. 

 

                   Thomas Harris, 1231 W. 27th Street, suggested that communities form “concerned citizen” walks through their neighborhoods.

 

                   Evelyn Powell Porter, 1054 Holt Street, lost her grandson last month on Brambleton Avenue and asked that more youth programs be implemented as a way to keep kids off the street.