NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
MARCH 28, 2006 – 7:30 P.M.
Prayer offered by Senior Pastor Michael G. Blankenship, Norfolk Apostolic Church, followed by the Pledge of
Allegiance.
President
Fraim moved to excuse Mrs. Hester for her absence from today’s meeting.
Motion
adopted.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and
Fraim.
No: None.
President
Fraim moved to dispense with the reading of the minutes of the previous
meeting.
Motion
adopted.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and
Fraim.
No: None.
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 March 28, 2006.
Yes: Burfoot,
Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PUBLIC
HEARINGS
PH-1 JOINT PUBLIC HEARING with the City
Planning Commission, scheduled this day pursuant to action of the
Council on March 7, 2006, under the State law, public notice having been
inserted in the local press by the City Clerk to hear comments to amend the General Plan of Norfolk, 1992,
1) to establish the land use and development direction for an area to be
called East Beach Harbor, 2) to create a new zoning district and 3) to amend
the Official Zoning Map of the City of Norfolk.
City Planning
Commissioners present: Keela Boose, Lisa Chandler, Kerry Lynch, Christine
E. Smith, Syble B. Stone, Mark B. Warlick, Barbara Ellen Zoby (chairwoman).
Ray
W. King, 999 Waterside Drive, spoke on behalf of the applicant.
Ellis
W. James, 2021 Kenlake Place, voiced concern about the location of the property
as it related to drainage, and the housing mixture and affordability.
Jason
Dodd, 5226 Powhatan Avenue, and John Harris, Jr., 3840 Bay Oaks Place, spoke in
support of the project.
ACTION: The Planning Commission unanimously adopted a motion
to approve the amendment to the General Plan of Norfolk, 1992, as introduced
and read by the City Clerk.
Yes: Boose,
Chandler, Lynch, Smith, Stone, Warlick, and Zoby.
No: None.
Thereupon, an Ordinance entitled, “an Ordinance to
amend the General Plan of Norfolk, 1992, SO AS TO amend the East Ocean
View Neighborhood Plan and to change the land use designation for properties on
the south side of Pretty Lake Avenue and east of Shore Drive from Commercial/Office
And Education/Open Space/etc. to mixed uses,” was introduced in writing and
read by its title.
ACTION: The Ordinance as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-1A An
Ordinance entitled, “An Ordinance to amend Chapter 10 of the Zoning Ordinance
of the City of Norfolk, 1992, SO AS TO create the East Beach Harbor
Special Purpose District (EBH),” was introduced in writing and read by its
title.
ACTION: The Ordinance as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-1B An
Ordinance entitled, “An Ordinance to rezone properties located on the south
side of Pretty Lake Avenue and East of shore Drive from I-4 (Waterfront Industrial)
to east Beach Harbor (EBH),” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
PH-2 PUBLIC HEARING scheduled
this day under the State law, public notice having been inserted in the local
press by the City Clerk to hear comment on the sale of City-owned property to, 152, LLC, known as Lot 56 on Brambleton
Avenue.
Rodney Jordan, 512 W. 35th
Street, urged Council to provide the opportunity for young working families to
live in the downtown area.
Daniel Montague, 4605 Krick
Street, questioned why the property was sold for a low price.
William Groom, 521 Graydon
Avenue, urged Council not to approve the sale of the property unless the
developer provides the minimum number of affordable housing units as required
under the mandatory inclusionary zoning provision.
Andrew Wallach, 545 Mayflower
Road, commented about the low selling price of the land and stated that units
should be reserved for low- and middle-income residents.
Thereupon,
an Ordinance entitled, “An Ordinance approving an agreement for the sale and
defining the development of certain city-owned property located in Norfolk at
the southwest corner of Brambleton Avenue and York Street (know as Lot 560 to
152 LLC (formerly Kotarides Developers, LLC), and authorizing the conveyance of
the property and the terms specifying the development thereof,” was introduced
in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
CONSENT AGENDA
C-1 Letter
from the City Manager recommending a public hearing be held to hear comments on
the application of Foundation to Support Animal Protection, for
an exemption from real property taxes on property located at 308 W.
Freemason Street.
ACTION: City
Clerk authorized to advertise for a public hearing on April 18, 2006.
Yes: Burfoot, 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 Claremont Clifton to change the zoning from R-8
(One-Family) district to R-9 (One Family) district on property located in the
2400 Block of Cromwell Drive.
ACTION: City Clerk authorized to advertise for a public hearing on April 18, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
REGULAR AGENDA
R-1 Letter from the City Manager
and an Ordinance entitled, “An Ordinance approving an agreement with the Commonwealth of Virginia, Department of Transportation, for the
development and administration of the Thole
Street Raised Refuge Island Safety Improvement Project, and appropriating,
and authorizing the expenditure of, the sum of $125,800.00 from the Virginia Department of Transportation
Safety Improvement Program Funds, if and when made available by the
Department of Transportation, for the preliminary engineering and construction
of the Thole Street Raised Refuge Island Project,” was introduced in writing
and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-2 Letter
from the City Manager and an Ordinance entitled, “An Ordinance approving an
agreement with the Commonwealth of Virginia, Department of Transportation, for
the development and administration of the Liberty
Street Raised Refuge Island Safety Improvement
Project, and appropriating, and authorizing the expenditure of, the sum of
$84,700.00 from the Virginia Department
of Transportation Safety Improvement Program Funds, if and when made
available by the Department of Transportation, for the preliminary engineering
and construction of the Liberty Street Refuge Island Project,” was introduced
in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-3 Letter
from the City Manager and an Ordinance entitled, “An Ordinance requesting the Virginia Department of Transportation
to establish a congestion mitigation and air quality project for the City of Norfolk’s Advance Traffic Management System,”
was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-4 Letter
from the City Manager and an Ordinance entitled, “An Ordinance requesting the Virginia Department of Transportation
to establish projects for improvement of rail/highway grade crossings on Indian River Road, Park Avenue, Lafayette
Boulevard, Norview Avenue, Llewellyn Avenue, Little Creek Road, Olney Road,
Granby Street, Thole Street, and Princess Anne Road; and authorizing the
expenditure of the sum of $3,500.00 for these projects from funds heretofore
appropriated,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-5 Letter
from the City Manager and a Resolution entitled, “A Resolution requesting the Virginia Department of Transportation
to accept certain additional city streets for municipal assistance payments and
to remove some streets from the eligible list pursuant to Section 33.1-41.1,
Code of Virginia 1950, as amended,” was introduced in writing and read by its
title.
Alton
Robinson, 735 W. 35th Street, commented streets in Park Place have
been omitted.
ACTION: The Resolution as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-6 Letter
from the City Manager and an Ordinance entitled, “An Ordinance approving the
acceptance of $21,185.00 in funds from Nextel
Communications of the Mid-Atlantic, Inc. (“Nextel”) to reimburse the City
of Norfolk for its cost to reconfigure the 800 MHz band in accordance with its
frequency reconfiguration agreement with Nextel pursuant to orders of the
Federal Communication Commission,” was introduced in writing and read by its
title.
ACTION: The Ordinance as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-7 Letter
from the City Manager and a Resolution entitled, “A Resolution adopting the Titustown Commercial Area into the
City’s Aesthetic Improvement Matching Grant
Program,” was introduced in writing and read by its title.
ACTION: The Resolution as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-8 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a Downtown Development Certificate for an
addition to the Parrish House of St.
Paul’s Episcopal Church,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-9 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Special Exception to permit the operation of an eating and drinking establishment
on property located at 2019 Colley
Avenue,” was introduced in writing and read by its title.
James
Rogers, 1443 Kilmer Lane, opposed the project due to inadequate parking.
ACTION: The Ordinance as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, 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 3574 North Military Highway,” was
introduced in writing and read by its title.
Al
Bassett, 1605 Modoc Avenue, proponent, was present but did not speak.
Ellis
James, 2021 Kenlake Place, urged Council to retain the present hours of
operation.
ACTION: Continued one week
(April 4, 2006).
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-11 Letter
from the City Manager and an Ordinance entitled, “An Ordinance granting a
Special Exception to permit operation of an electronic changeable copy sign on
property located at 1901 East Ocean View
Avenue,” was introduced in writing and read by its title.
Don
Price, 147 E. Evans Street, was present to answer questions.
ACTION: The Ordinance as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Wright, and Fraim.
No: Winn.
R-12 Letter
from the City Manager and an Ordinance entitled, “An Ordinance approving a
Lease Termination Agreement between Harry
Laibstain and B. Leonard Laibstain,
individually and as general partners, t/a Virginia
Furniture Company, and the City of Norfolk, and authorizing the City
Manager to execute the Lease Termination Agreement on behalf of the City,” was
introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
R-13 A
Resolution entitled, “A Resolution of appreciation of the Council of the City
of Norfolk to City Assessor Wayne N. Trout on the occasion of his retirement
from the city,” was introduced in writing and read by its title.
ACTION: The Resolution as
introduced was adopted, effective March 28, 2006.
Yes: Burfoot, Riddick, Williams, Winn, Wright, and Fraim.
No: None.
NEW
BUSINESS
1. Walter Dickerson, 954 Philpotts
Road, thanked Council for the Norview Recreation Center.
2. The following persons spoke in
opposition to the addition of a light-rail walk-up station and a ground-level
station in the Ingleside neighborhood:
Peter Nixon, 664 Ingleside Road; Phillip Hawkins, Jr., 3597 Mississippi
Avenue; Dianne Elliott, 3593 Westminister Avenue; Alfonso Merlo, 3556
Westminister Avenue.
3. Daniel Montague, 4605 Krick
Street, urged Council to let the voters decide if there is to be a light-rail
project in the city of Norfolk.
4. Roscoe Calloway, 1503 Conoga
Street, asked Council to ensure that the Berkley and Campostella areas have
adequate funding from the Housing Authority’s budget.
5. Candice Sessoms, 1416 Ann Street,
sought Council’s help in resolving a contractor (repair issue) in the new home
she purchased.
6. Alton Robinson, 735 W. 35th
Street, commented about community affairs.