NORFOLK, VIRGINIA
ACTION
FOR THE COUNCIL
TUESDAY,
AUGUST 16, 2005 – 2:30 P.M.
Prayer
offered by Councilman Paul R. Riddick, 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.
PUBLIC
HEARINGS
PH-1 PUBLIC HEARING scheduled
this day pursuant to action of the Council on July 19, 2005 under the State
law, public notice having been inserted in the local press by the City Clerk to hear comments on a Lease Agreement with Access
College Foundation at the Norfolk Fitness and Wellness Center.
Thereupon, an Ordinance entitled, “An Ordinance approving a Lease
Agreement with Access College Foundation, a Virginia non-stock corporation, for
premises at the Norfolk Fitness & Wellness Center,” was introduced in
writing and read by its title.
ACTION: The
Ordinance as introduced was adopted, effective September 16, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
PH-2 PUBLIC HEARING scheduled
this day pursuant to action of Council on July 19, 2005, 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 on an amendment to the Zoning
Ordinance of the City of Norfolk, 1992, by amending Section 25-10.9 by
Special Exception for construction of one-family, detached homes on lots which
do not meet minimum lot width requirements in residential districts.
Daniel
Montague, 4605 Krick Street, spoke on conforming housing standards.
ACTION: Continue
to August 30, 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 WILL BE ENACTED BY ONE
MOTION IN THE FORM LISTED. THERE WILL BE
NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL
REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
C-1 Letter
from the City Manager presenting recommendation of the City Planning Commission
on the application of GREGORY ANDERSON to amend the General Plan of
Norfolk, 1992, and for a change of zoning on properties located at 2400-2406
COLLEY AVENUE.
ACTION: City
Clerk authorized to advertise for a public hearing on September 27, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
C-2 Letter
from the City Manager presenting recommendation of
the
City Planning Commission on the application of the City Planning Commission to
amend the General Plan of Norfolk, 1992, for a change of zoning from
R-11 (Moderate Density Multiple-Family) to R-8 (One Family) district. on
properties located along CHESAPEAKE BOULEVARD, PICADILLY STREET, INTERSTATE
64, STRAND STREET, ALEXANDER STREET, and WELLINGTON STREET.
ACTION: City Clerk authorized to
advertise for a public hearing on September 27, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
C-3 Letter
from the City Manager presenting recommendation of
the
City Planning Commission on the application of JEROME MILLER to change
the zoning from R-12 (Medium Density Multiple-Family) district to R-9 (One
Family) district on property located on the south side of KINGSTON AVENUE
and the east of WILLOW TERRACE.
ACTION: City Clerk authorized to advertise for a public hearing on September 27,
2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
C-4 Letter
from the City Manager presenting recommendation of the City Planning Commission
on the application of OSWALD HOFFLER, JR., to amend the General Plan
of Norfolk, 1992, for a change of zoning from I-1 (Limited Industrial)
district to D-2 (Downtown Regional) district on property located at 549
BRAMBLETON AVENUE.
ACTION: City Clerk authorized to advertise for a public hearing on September 27, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
C-5 Letter
from the City Manager recommending a public hearing be held to hear comments to
execute a lease agreement with Bon Secour – DePaul Medical Center, Inc. and Norfolk
Fitness and Wellness Center.
ACTION:
City Clerk authorized to
advertise for a public hearing on August 30, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
C-6 Letter
from the City Clerk transmitting an Abstract of Votes cast in the City of
Norfolk at the Primary Elections held on June 14, 2005, pursuant to Section
24.2-675 of the Code of Virginia.
ACTION: Received and Filed.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
REGULAR AGENDA
R-1 Letter
from the City Manager and an Ordinance entitled, “An Ordinance authorizing the
expansion of a non-conforming structure on property located at 1100 EAST OCEAN VIEW AVENUE, #3,” was
introduced in writing and read by its title.
Regynold
Eldreth, 1100 East Ocean View Avenue, the applicant, spoke in favor of this
matter.
Jim Janata, 3124 East Ocean View Avenue, spoke in
opposition of this matter.
ACTION: The
Ordinance as introduced was LOST.
Yes: None.
No: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
R-2 Letter
from the City Manager and the following two Ordinances:
An Ordinance entitled, “An Ordinance granting a
Special Exception to operate an entertainment establishment on property located
at 500 GRANBY STREET,” was
introduced in writing and read by its title.
Baxter Simmons, Jr., 517
Pennsylvania Avenue, the applicant, spoke on behalf of this matter.
ACTION: Continued to August 30, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright, and Fraim.
No: None.
R-2A An
Ordinance entitled, “An Ordinance granting a Special Exception to operate a
commercial recreation center on property located at 500 GRANBY STREET,” was introduced in writing and read by its
title.
ACTION: Continued to August 30, 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 authorizing the
expansion of a non-conforming structure on property located at 9632 19th BAY STREET,” was
introduced in writing and read by its title.
Bill
Kerry, 2330 Bay Oaks Place, spoke in favor of this matter.
The following persons spoke in opposition
of this matter: Joy Coe, 228 North
Lynnhaven Road, Ste 118, Virginia Beach, Jim Janata, 3124 East Ocean View
Avenue and Jessie Franklin March, 9628 19th Bay Street, Apt. 1.
ACTION: The Ordinance as introduced was LOST.
Yes: None.
No: Burfoot, Hester, Riddick, Williams, Winn,
Wright and Fraim.
R-4 Letter
from the City Manager and the following two Ordinances:
An Ordinance entitled, “An Ordinance
authorizing the operation of an eating and drinking establishment on property
located at 101 GRANBY STREET,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 16, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn, and
Wright.
No: None.
Abstained:
Fraim
R-4A An
Ordinance entitled, “An Ordinance authorizing the sale of alcoholic beverages
for off-premises consumption on property located at 101 GRANBY STREET,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted,
effective August 16, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn, and
Wright.
No: None.
Abstained:
Fraim
R-5 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Special Exception to operate an entertainment establishment on property located
at 4301 POWHATAN AVENUE,” was introduced
in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 16, 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 permitting 8TH BAY, LLC, to encroach
into the right of way of PRETTY LAKE AVENUE,
a paper street, at 8th BAY
STREET, with a 14-foot wide driveway,” was introduced in writing and read
by its title.
Jim Janata, 3124 East Ocean
View, was present but did not speak.
ACTION: The Ordinance as introduced was adopted,
effective August 16, 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 to repeal
subsection (134.5) of Section 25-653 and to amend and reordain Section 25-651, 25-652,
25-653 and 25-654 SO AS TO add two
U-turns prohibited, one new one-way street, one yield sign, and eleven stop
signs,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 16, 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 appropriating
and authorizing the expenditure of $10,571,544.00 from the COMMONWEALTH OF VIRGINIA for the Fiscal Year 2006 Comprehensive
Services Acts Funds Pool for At-Risk Youth and Families, appropriating and
authorizing the expenditure of $3,803,980.00 in local matching funds from the
Norfolk Department of Human Services and Norfolk School Board and $100,000.00
in recovered funds for the Fiscal Year 2006 CSA Funds Pool and Medicaid
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.
R-9 Letter
from the City Manager and an Ordinance entitled, “An Ordinance appropriating
and authorizing the expenditure of $337,500.00 to fund the employment of four
persons in the status of special project employees within the NORFOLK INTERAGENCY CONSORTIUM,” 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.
R-10 Letter
from the City Manager and an Ordinance entitled, “An Ordinance accepting and
appropriating an URBAN and COMMUNITY FORESTRY GRANT AWARD of
$3,230 from the Commonwealth of Virginia Department of Forestry for the purchase
of equipment for Norfolk’s Arbor Day Improvement Project and providing $3,579 in-kind
services,” was introduced in writing and read by its title.
Daniel
Montague, 4605 Krick Street, spoke in favor of this matter. He also informed
Council about the trees that need cutting in his community and the three month
backlog of Parks and Forestry.
ACTION: The Ordinance as introduced was adopted,
effective August 16, 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 authorizing the
acceptance of up to $1,000,000.00 from the VIRGINIA
DEPARTMENT of CRIMINAL JUSTICE
SERVICES FORFEITED DRUG ASSET SHARING PROGRAM and appropriating and
authorizing the expenditure of the funds for uses permitted under the program,”
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 16, 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 appropriating
the sum of $110,000 as a result of the recovery of hazardous materials response
costs and authorizing the expenditure of said amount by the NORFOLK FIRE-RESCUE DEPARTMENT,” was introduced
in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 16, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright and Fraim.
No: None.
R-13 Letter
from the City Manager and a Resolution entitled, “A Resolution approving the COMMUNITY SERVICES BOARD’S performance
contract for Fiscal Year 2005-2006,” was introduced in writing and read by its
title.
ACTION: The Resolution as introduced was adopted,
effective August 16, 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
conveyance of a certain property located in NORFOLK’S CENTRAL BUSINESS PARK to the City of Norfolk by the
Economic Development Authority of the City of Norfolk,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 16, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright and Fraim.
No: None.
R-15 Letter
from the City Manager and a Resolution entitled, “A Resolution approving the
exercise by the Industrial Development Authority of the City of Norfolk of
powers conferred by the INDUSTRIAL
DEVELOPMENT AND REVENUE BOND ACT and
Ordinances 26,565, 27,524 and 40,357 of the City of Norfolk in conjunction
with the issuance for Bon Secours Health Systems, Inc., a Maryland nonstock,
nonprofit membership corporation, and Bon Secour-DePaul Medical Center Inc., a
Virginia nonstock corporation, of not to exceed $55,000,000 of the Authority’s
Revenue and refunding Bonds, Series 2005 (Bon Secours Health System, Inc.) in
order to (I) refund all or a portion of the outstanding principal amount of the
Industrial Development Authority of the City of Norfolk, Virginia Health Care Revenue
Bonds, Series 1997 (Bon Secours Health System), (II) pay or reimburse Bon
Secours-DePaul Medical Center, Inc., for the costs of acquiring, constructing,
equipping, expanding, enlarging and improving its acute care hospital
facilities, (III) pay a portion of the interest on the Series 2005 Bonds, (IV) fund a debt service reserve fund and (V)
pay certain costs incurred in connection with the issuance of the Series 2005
Bonds and the refunding of the Series 1997 Bonds,” was introduced in writing
and read by its title.
Albert
Taylor, 355 Crawford Street, Portsmouth, was present to answer questions.
ACTION: The Resolution as introduced was adopted,
effective August 16, 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 appropriating
the sum of NINETY FOUR THOUSAND ONE
HUNDRED TWENTY EIGHT DOLLARS (94,128.00) and authorizing the expenditure
thereof towards salaries and benefits for two Sheriff employees,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 16, 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 repealing
Ordinance No. 41,867, accepting a grant in the amount of $838,230 from the VIRGINIA DEPARTMENT OF CRIMINAL JUSTICE
SERVICES for PRETRIAL SERVICES
and the local offender treatment and supervision (LOTS) Programs, appropriating
the funds, authorizing the expenditure of $58,000 in local funding for the LOTS
Programs and authorizing the City’s employment of nineteen (19) persons for the programs and
providing funds for their salaries and benefits and for the salaries and
benefits of two (2) individuals for the Sheriff to employ,” 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.
R-18 Letter
from the City Manager and an Ordinance entitled, “An Ordinance to amend and
reordain Ordinance No. 41,813, concerning early retirement for Public Safety
Officers, SO AS TO add a subsection
guaranteeing accumulated annual leave under certain circumstances,” was
introduced in writing and read by its title.
Daniel
Montague, 4605 Krick Street, spoke on this matter.
ACTION: The Ordinance as introduced was adopted,
effective August 16, 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 approving a
grant to VIRGINIA SUPPORTIVE HOUSING,
from the Capital Improvement Program Fund, in the amount of $500,000.00, for
the acquisition of the property known as 705
WEST 25TH STREET in the City of Norfolk, for the establishment of single
room occupancy housing for previously homeless adults,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 16, 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 granting a PEDESTRIAN COMMERCIAL OVERLAY DISTRICT (PCO)
Development Certificate to permit an office/retail building on property located
at 824 WEST 21ST STREET,”
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 16, 2005.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright and Fraim.