NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
AUGUST 30, 2005 – 2:30 P.M.
Prayer
offered by Vice Mayor Daun Hester, followed by the Pledge of Allegiance.
President Fraim
moved to excuse Mr. Burfoot for being absent from today’s meeting.
Motion
adopted.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
President Fraim
moved to dispense with the reading of the minutes of the previous meeting.
Motion adopted.
Yes: 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 August 30, 2005.
Yes: Hester, Riddick, Williams,
Winn, Wright and Fraim.
1. President Fraim recognized Dr. Anna Dodson for combined
service of 44 years with Norfolk Public Schools; 12 years of service on the
School Board; 7 years of service as vice chair, starting the REACH Program at
Lindenwood Elementary and the professionalism shown while serving the public.
PUBLIC
HEARINGS
PH-1 PUBLIC HEARING scheduled
this day pursuant to action of the Council on August 23, 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 Hollister Avenue,
Godfrey Avenue, Cary Avenue and Roberts Road.
Thereupon, an Ordinance entitled, “An Ordinance to close vacate, and
discontinue portions of Hollister Avenue, Godfrey Avenue, Cary Avenue, and
Roberts Road upon the application of Norfolk Redevelopment and Housing
Authority,” was introduced in writing and read by its title.
ACTION: The
Ordinance as introduced was adopted, effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-2 PUBLIC HEARING scheduled
this day pursuant to action of the Council on August 16, 2005, under the State
law, public notice having been inserted in the local press by the City Clerk to hear comments to execute a lease
agreement with Bon Secour – DePaul Medical Center, Inc. and Norfolk Fitness and
Wellness Center.
Thereupon, an Ordinance entitled, “An Ordinance approving a Lease
with Bon Secours - DePaul Medical Center, Inc., for certain premises located at
7300 Newport Avenue, Norfolk, Virginia,” was introduced in writing and read by
its title.
ACTION: The Ordinance as introduced was adopted,
effective September 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-3 PUBLIC HEARING scheduled
this day under State Law, public notice having been inserted in the local press
by the City Clerk to hear comments to amend
Capital Improvement Program Budget Ordinance
for the Fiscal Year 2005-2006, to increase funding for Atlantic City/Fort
Norfolk project and funding for Library Facilities-North Anchor Branch.
ACTION: Rescheduled
to September 27, 2005.
Yes: 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
BE 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 the City of Norfolk to, close, vacate and
discontinue portions of Rockingham Street and an Unnamed Lane.
ACTION: City Clerk authorized to
advertise for a public hearing on October 4, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
REGULAR AGENDA
R-1 Matter
of a public hearing scheduled this day pursuant to action of the Council on
August 16, 2005, under State Law, public notice having been inserted in the
local press to amend and reordain Table 4-16 of the Zoning Ordinance of the City of Norfolk,
1992, SO AS TO require a special
exception for construction of one-family, detached homes on lots which do not
meet minimum lot width requirements in residential districts,” was introduced
in writing and read by its title.
(Passed by at the meeting of August 16, 2005)
The
following proponent spoke: Terry Nalley, 2306 Courtney Avenue.
The following opponents
spoke: Jerry Miller, 1507 East Bayview
Boulevard, Eloise LaBeau, 3501 Orange Street, Alma Kesling, 4535 Bankhead
Avenue, and Bobby Feinman, 2316 Ingleside Road,
Daniel
Montague, 4605 Krick Street and Alton Robinson, 735 West 35th Street,
spoke on this matter.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-2 Matter of a
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.
(Passed
by at the meeting of August 16, 2005)
Baxter
Simmons, Jr., 517 Pennsylvania Avenue, the applicant, spoke on behalf of this
application.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: 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.
(Passed by at the meeting of August 16, 2005)
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-3 Letter
from the City Manager and the following two Ordinances:
An Ordinance entitled, “An Ordinance granting a
Special Exception to operate an automobile repair facility on property located
at 3562 North Military Highway,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-3A An
Ordinance entitled, “An Ordinance granting a Special Exception to permit
off-lot parking on property located at 3574
to 3588 North Military Highway,”
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, 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 entertainment establishment on property located
at 2000 Colley Avenue,” was introduced
in writing and read by its title.
Tarek
Azar, 2000 Colley Avenue, the applicant, was present to answer questions.
The following
opponent spoke: Debbie Aichinger, 2308 Klean Street #102.
Laura
Giles, 706 Tenth Street, Virginia Beach, VA, was present in opposition but did
not speak.
ACTION: The
Ordinance as introduced was adopted, effective August 30, 2005.
Yes: Hester,
Williams, Winn, Wright, and Fraim.
No: Riddick.
R-5 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Special Exception to operate an automobile storage facility on property located
at 6539 East Virginia Beach Boulevard,”
was introduced in writing and read by its title.
Ernie
Cooper, 6539 East Virginia Beach Boulevard, the applicant, spoke on this
matter, and Bill Wahab, 641 Lynnhaven Parkway, Virginia Beach, VA, also spoke
regarding this matter.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-6 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 840-G Church Street,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-7 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Special Exception to operate an entertainment establishment on property located
at 436-438 Granby Street,” was introduced
in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Williams, Winn, Wright, and Fraim.
No: Riddick.
R-8 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Special Exception to operate an entertainment establishment on property located
at 4249 East Little Creek Road, Unit 3,”
was introduced in writing and read by its title.
Jim
Janata, 3124 East Ocean View Avenue, was present in support on this matter.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Williams, Winn, Wright, and Fraim.
No: Riddick.
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 3841 East Little Creek Road,”
was introduced in writing and read by its title.
Jim
Janata, 3124 East Ocean View Avenue, was present in support on this matter but
did not speak.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-10 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Special Exception to operate an entertainment establishment on property located
at 2001 Colley Avenue and 806 Harrington
Avenue,” was introduced in writing and read by its title.
Essam Nazef, 806 Harrington
Avenue, the applicant, was present to answer questions.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Williams, Winn, Wright, and Fraim.
No: Riddick.
R-11 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting Michael and Stephanie Fowler permission
to encroach into the right of way of Fairfax
Avenue at 414 Fairfax Avenue with an ornamental fence,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-12 Letter
from the City Manager and an Ordinance entitled, “An Ordinance permitting Richard D. Williams to encroach into
the right of way of Willoughby Bay
Avenue, a paper street, at 1205 Little Bay Avenue, with a six
feet (6’) wide open pile pier,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-13 Letter
from the City Manager and an Ordinance entitled, “An Ordinance accepting and
implementing the June 6, 1987 Trust Agreement provisions of the Trust of Henry Clay Hofheimer for his Porcelain
Collection and approving the terms and conditions of an Agreement between the
City and the Chrysler Museum, Inc. regarding the Collection,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-14 Letter
from the City Manager and an Ordinance entitled, “An Ordinance appropriating
grant funds totaling $53,045,588 to the School
Board of the City of Norfolk to
support construction and renovation programs Title I Programs, other special programs, and child nutrition
services,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 1, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-15 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a Downtown Development Certificate to
permit a mixed-use building on property located on the west side of Granby Street between Brambleton Avenue and Bute Street,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-16 Letter
from the City Manager and an Ordinance entitled, “An Ordinance to amend and
reordain the July 1, 2005 Compensation Plan Ordinance, SO AS TO add charts of the Clerk of the Circuit Court’s pay system
to those of the other Constitutional
Officers,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective July 1, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-17 Letter
from the City Manager and an Ordinance entitled, “An Ordinance subdividing a
zoning lot and granting a Conditional
Use Permit to allow one-family development on property located on the south
side of West Ocean View Avenue and East of Ninth View Street, known as Chesapeake Place Block 5, Lots 10 and 11,”
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: 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 subsections (A) and (B) of Section 25-302 and subsection (A) of
Section 25-601 of the Code of the City of Norfolk, 1979, SO AS TO increase
the fees for the towing and storage of towed vehicles,” was introduced in
writing and read by its title.
Bill
Higgins, 1211 Dewberry Lane, was present in support of this matter but did not
speak.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-19 Letter
from the City Manager and an Ordinance entitled, “An Ordinance approving an
Agreement for the lease of third floor of 1500
East Little Creek Road in Norfolk by the City of Norfolk for the Norfolk Juvenile Courts Probation Services
Unit and authorizing the expenditure and appropriating certain monies pursuant
to the Agreement,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: 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 the Norfolk City Code, 1979, to add Article V to Chapter 34.1 SO AS TO address a fuel surcharge for
transportation by taxicabs,” was introduced in writing and read by its title.
Judy
Swystun, 6304 Sewells Point Road, was present but did not speak.
Andrew Felix, 1541 Beachview Drive, was present in
support of this matter but did not speak.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-21 An
Ordinance entitled, “An Ordinance to change the starting time of the regular
weekly City Council meeting scheduled for Tuesday, September 13, 2005 at 2:30
p.m. to September 12, 2005 at 9:00 a.m. and to move the location of said
meeting,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-22 A
Resolution entitled, “A Resolution appointing Henry Light to the Board of
Trustees of the Chrysler Museum for a certain term,” was introduced in writing
and read by its title.
ACTION: The Resolution as introduced was adopted,
effective August 30, 2005.
Yes: Hester,
Riddick, Williams, Winn, Wright, and Fraim.