NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, JULY 12, 2005 – 2:30 P.M.

 

Prayer offered by Pastor Ken Gerry of New Life Christian Center, 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.

 

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 July 12, 2005.

 

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

 

No:    None.

PUBLIC HEARINGS

           

PH-1                              PUBLIC HEARING scheduled this day  pursuant to action of the Council on June 14, 2005 under the State law, public notice having been inserted in the local press by the City Clerk  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.

 

                   Thomas Kleine, 222 Central Park Avenue, Virginia Beach, answered questions pertaining to the hours of operation.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 4001-4015 Hampton Boulevard 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),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 12, 2005.

 

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

 

                   No:    None.

 

PH-1A                            Thereupon, an Ordinance entitled, “An Ordinance granting a Special Exception to operate a commercial drive-through facility on property located at 4001-4015 Hampton Boulevard,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 12, 2005.

 

                   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 June 14, 2005 under the State law, public notice having been inserted in the local press by the City Clerk  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 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.

                  

                   Bill Gagnon, 10955 Grenada Lane, Overland Park, Kansas, answered questions pertaining to the hours of operation.  Chris Abel, 3351 Stone Shore Road, Virginia Beach, was also present to answer questions.

 

Thereupon, an Ordinance entitled, “An Ordinance to rezone property located on the north side of 39th Street, the west side of Hampton Boulevard, and the south side of 40th Street from R-8 (One-Family Residential) to conditional C-2 (Corridor Commercial),” was introduced in writing and read by its title.

 

 

ACTION:   The Ordinance as introduced was adopted, effective July 12, 2005.

 

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

 

                   No:    None.

 

PH-2A                            Thereupon, an Ordinance entitled, “An Ordinance granting 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,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 12, 2005.

 

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

 

                   No:    None.

 

PH-3                              PUBLIC HEARING scheduled this day pursuant to action of the Council on June 21, 2005 under the State law, public notice having been inserted in the local press by the City Clerk on the application of Children’s Hospital of the Kings Daughters for a change of zoning from R-14 (High Density Multiple-Family) to Conditional C-1 (Limited Commercial) on property located at 929 and 931 Redgate Avenue.

 

                   Martin Casey, Vice President of Children’s Hospital of the Kings Daughters, 601 Children’s Lane, was present to answer questions.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 929 and 931 Redgate Avenue from R-14 (High Density Multiple-Family Residential) to conditional C-1 (Limited Commercial),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 12, 2005.

 

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

 

                   No:    None.

 

PH-4                              PUBLIC HEARING scheduled this day pursuant to action of the Council on June 28, 2005 under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the proposed sale of certain City property to Harmony Investments.

 

                   Page Johnson, 1300 Diamond Springs Road, responded to questions.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance authorizing the sale to Harmony Investments, Inc. of a certain parcel of property located in the City of Norfolk, Virginia and approving the purchase and sale agreement,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective August 12, 2005.

 

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

 

                   No:    Burfoot and Hester.

 

REGULAR AGENDA

 

R-1                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to operate an entertainment establishment on property located at 421-425 Granby Street,” was introduced in writing and read by its title.

 

                   Jim Manning, 504 Fairfax Avenue, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective July 12, 2005.

 

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

 

                   No:    Burfoot.

 

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit the expansion of a nonconforming structure on property located at 560 West Olney Road,” was introduced in writing and read by its title.

 

                   The following proponents spoke:  Howard Martin, attorney, 1200 Bank America Center; Jim Bickford, 7220 Shirland Avenue; Henry Light, 1221 S. Fairwater Drive; Frederick Roughton, 1426 Cedar Lane; Anne Bugg, 1102 Rockbridge Avenue; Angelica Light, 1221 S. Fairwater Drive; and Jim Sell, 239 Duke Street.  Proponents present who did not speak included Builford D. Ware, 7457 St. Francis Lane; George Compo, 1301 Laurel Crescent; and Reverend Connie Jones, 560 W. Olney Road.

 

                   The following opponents spoke:  Barbara Murphy, 619 Graydon Avenue, representing the Ghent Neighborhood League; Jim Theuer, 608 Redgate Avenue, representing the Norfolk Historic Preservation Alliance; and Alice Allen-Grimes, 1913 N. Brandon Avenue, representing the Norfolk Historic Preservation Alliance.  Opponents present who did not speak included Eleise Theuer, 608 Redgate Avenue; Susanne Williams, 911 Colonial Avenue; Richard Williams, 911 Colonial Avenue; and Mason Andrews, Jr., 500 Mowbray Arch.

 

ACTION:   The Ordinance as introduced was adopted, effective July 12, 2005.

 

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

 

                   No:    None.

 

R-3                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit the sale of alcoholic beverages for off-premises consumption on property located at 3317 Colley Avenue,” was introduced in writing and read by its title.

 

ACTION:   Continued generally.

 

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

 

                   No:    None.

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the sale of alcoholic beverages for off-premises consumption on property located at 5369 East Princess Anne Road,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was LOST.

 

                   Yes:   None.

 

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

 

 

R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit the creation of a flag lot on property located at 5105 Studeley Avenue,” was introduced in writing and read by its title.

 

                   Thomas B. Morrisette, 5204 Edgewater Drive, and Barry Moss, 5415 Studeley Avenue, were present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective July 12, 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 encroachment agreement with Granby Restaurants, L.L.C., t/a Baxter’s, for property at 500 Granby Street,” was introduced in writing and read by its title.

 

                   Baxter Simmons, 69 Edenbrook Drive, Hamton, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective July 12, 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 authorizing the donation of the Skipjack Norfolk to the Cape Charles Renewal Program, Inc.,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 12, 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 operate an automobile sales and service facility on property located at 3525 North Military Highway,” was introduced in writing and read by its title.

 

                   Barry Duvall, 150 W. Main Street; Douglas Smith, 150 W. Main Street; Dan Packowski, 4020 E. Indian School Road, Pheonix, Arizona; and Arnell Johnson, 1112 Loveland Lane, Virginia Beach, were present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective July 12, 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 approving a License Agreement with the United States of America, Department of the Navy, for the installation, operation and maintenance of traffic control systems,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 12, 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 a License Agreement with the United States of America, Department of the Navy, for the installation, operation and maintenance of traffic control systems,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 12, 2005.

 

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

 

                   No:    None.

 

R-11                               Letter from the City Manager and a Resolution entitled, “A Resolution supporting the submission of an application for an allocation of funds up to $395,000 through the Virginia Department of Transportation Revenue Sharing Program to fund intersection improvements at the intersection of Princess Anne Road and Monticello Avenue and the intersection of Virginia Beach Boulevard and Ballentine Boulevard,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective July 12, 2005.

 

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

 

                   No:    None.

 

R-12                               A Resolution entitled, “A Resolution appointing or reappointing 21 persons to 5 boards, 3 commissions, and 1 authority for certain terms,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective July 12, 2005.

 

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

 

                   No:    None.

 

NEW BUSINESS

 

1.      Daniel Montague, 4605 Krick Street, President of Sherwood Forest Civic League, spoke in support of the cruise terminal at Nauticus, and addressed comments pertaining to businesses contracted by the city hiring illegal immigrants.

 

2.      Carlos Howard, 436 W. 35th Street, spoke concerning a) increased pay for public safety officer and b) the City’s policy regarding police escorts during funeral processions.

 

3.      Hersey Holloway, 440 W. 34th Street, spoke to Council concerning a contractor recommended by Norfolk Redevelopment and Housing Authority who has failed to complete a home discrepancy list for the past four years.

 

4.      Minister Donald R. Forbes, Sr., 910 Hillside Avenue, spoke concerning 1) the need for bus transportation on Westminister Avenue and b) the need for a dedicated site for parking recreational vehicles.