NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, MAY 16, 2006 – 2:30 P.M.

 

Prayer offered by Vice-Mayor Daun S. Hester, 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.

 

PUBLIC HEARINGS

 

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on April 11, 2006, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Cromwell Enterprises, LLC, for a change of zoning from R-11 (Moderate Density Multiple-Family) District to Conditional I-2 (Light Industrial) District on property located along the western line of Minnesota Avenue from the northern line of Tait Terrace.

 

                    No one was present to speak concerning this matter.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone property located on the west side of Minnesota Avenue and north of Tait Terrace, known as Lot 23, Block 32, Coleman Place, from R-11 (Multiple-Family Residential) to Conditional I-2 (Light Industrial),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 16, 2006.

 

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 April 11, 2006, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Cromwell  Enterprises, LLC, for a change of zoning from R-11 (Moderate Density Multiple Family) District to Conditional I-2 (Light Industrial) District on property located on the southwest corner of Davis Street and Minnesota Street and the for the closing, vacating and discontinuing a portion of Davis Street.

 

                    No one was present to speak concerning this matter.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone property located on the southwest corner of Davis Street and Minnesota Avenue, known as Lots 21 and 22, Block 32, of Coleman Place, from R-11 (Multiple-Family Residential) to Conditional I-2 (Light Industrial),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 16, 2006.

 

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

 

No:    None.

 

PH-2A                            An Ordinance entitled, “An Ordinance closing, vacating and discontinuing a portion of Davis Street from the western line of Minnesota Avenue extending westwardly 216 feet, more or less, to the eastern line of Nevada Avenue,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 16, 2006.

 

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 April 25, 2006, 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 W. T. Brownley Company for certain city-owned property located at 226 Main Street.

 

                    No one was present to speak concerning this meeting.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance approving a lease agreement with WT Brownley Company, Inc., for 226 Main Street, a property in the City of Norfolk,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 16, 2006.

 

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 April 25, 2006, under the State law, public notice having been inserted in the local press by the City Clerk on the application of J Mac Development, LLC to amend the General Plan of Norfolk, 1992, to change the land use and for a change of zoning from R-7 (One-Family Residential) to Conditional R-12 (Multiple-Family Residential) and a special exception to permit the construction of seven or more dwelling units on property located at 5702 Cornick Road.

 

                    Joel Weintraub, attorney, 109 E. Main Street and Charlie McCotter, developer, 932 Cardinal Road, were present on behalf of the applicant.

 

                    Fred Patterson, 5711 Cornick Road, opposed this project expressing concern that nothing would prohibit the condos from becoming rental property if the condo project is not successful. 

 

                    Mr. Weintraub, attorney, 109 E. Main Street, stated all units will be sold as condos and governed by the condominium association rules; however, the condominium documents have not been drafted yet.

 

 

 

 

                    The consensus of Council was to close the public hearing and continue this matter for three weeks.

 

ACTION:   Public hearing closed.  Matter continued for three weeks (June 6, 2006).

 

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

 

No:    None.

 

CONSENT AGENDA

 

C-1                                 Letter from the City Clerk transmitting an Abstract of Votes cast in the City of Norfolk at the General Election on May 2, 2006 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.

 

C-2                                 Letter from the City Manager requesting a public hearing be scheduled to hear comments on a lease agreement with Verizon Virginia, Inc., for a parcel of land off of Shell Road, in the City of Virginia Beach.

         

ACTION:   City Clerk Authorized to advertise for a public hearing on June 6, 2006.

 

Yes:   Burfoot, 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 March 28, 2006, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Foundation to Support Animal Protection, for an exemption from real property taxes on property located at 308 W. Freemason Street.

                                      (Passed by at the Public Hearing of April 18, 2006)

                                      PUBLIC HEARING CLOSED.

 

ACTION:   Matter continued for three weeks, (June 6, 2006).

 

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

 

No:    None.

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development on a nonstandard-width residential lot on property located at 9611 Chesapeake Street,” was introduced in writing and read by its title.

 

                   The applicant, Dave Scanlin, 1218 Maplewood Avenue, was present to answer questions.

 

                   Daniel Montague, 4605 Krick Street, opposed the city allowing developers to build on nonstandard lots.

 

ACTION:   The Ordinance as introduced was adopted, effective May 16, 2006.

 

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 development on a nonstandard-width residential lot on property located at 1043 Avenue F,” was introduced in writing and read by its title.

 

ACTION:   Matter continued for three weeks, June 6, 2006.

 

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

 

No:    None.

 

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance amending and reordaining the July 1, 2005 General and Senior Management Compensation Plans SO AS TO add nine class titles and delete five,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 16, 2006.

 

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

 

No:    None.

                  

R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Cleo Ruby Inc. t/a Todd Jurich’s Bistro to encroach into the right of way of Boush Street at 150 West Main Street, a maximum of 12’ with an awning,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 16, 2006.

 

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

 

No:    None.

 

 

 

 

 

 

R-6                                 Letter from the City Manager and the following two Ordinances:

 

                                      An Ordinance entitled, “An Ordinance closing certain city-owned docks to public use during the 2006 Harborfest Celebration,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 16, 2006.

 

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

 

No:    None.

 

R-6A                              An Ordinance entitled, “An Ordinance establishing certain public areas and streets of the City of Norfolk as the “Festival Area” and setting forth the regulations applicable to such festival area for the Harborfest 2006 Celebration,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 16, 2006.

 

Yes:   Burfoot, 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 permit the expansion of a nonconforming use on property located at 3015 and 3021 Luxembourg Avenue,” was introduced in writing and read by its title.

 

                   Joseph F. McKenzie, 3122 Luxembourg Avenue, and Wayne Smith, 1447 Back Cove Road, Virginia Beach, were present to answer questions.

 

                   Andrew Wallach, 545 Mayflower Road, supported this matter.

 

ACTION:   Continued for three weeks (June 6, 2006).

 

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

 

No:    None.

 

 

 

 

 

 

 

 

R-8                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance decreasing the rate of real property taxes,” was introduced in writing and read by its title.

 

                   Carlton Woodington, 3630 Bell Street, opposed a real estate tax rate reduction without lowering the assessed value of property to $1.00.

 

                   Daniel Montague, 4605 Krick Street, supported tax relief for residents.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2006.

 

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

 

No:    Williams and Wright.

 

R-9                                 Letter from the City Manager and the following two Ordinances:

 

           An Ordinance entitled, “An Ordinance appropriating funds for operation of the City for Fiscal Year 2006-2007; authorizing a supplement for retirees; imposing and increasing certain fees; authorizing an equipment lease and regulating the payment of money from the City Treasury,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2006.

 

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

 

No:    Williams and Wright.

 

R-9A                              An Ordinance entitled, “An Ordinance approving the Capital Improvement Program Budget for the Fiscal Year 2006-2007; appropriating$181,405,300 for certain projects approved therein; authorizing an issue of bonds in the amount of $166,707,074 and the expenditure of $14,698,226 in cash therefor; and authorizing the undertaking of certain approved projects,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2006.

 

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

 

No:    Williams and Wright.

 

R-10                               Letter from the City Manager and an Ordinance entitled, “An Ordinance approving and adopting the Fiscal Year 2007 Compensation Plans for officers and employees of the City, amending and reordaining the City Code, approving criteria and procedures for pay supplements for certain constitutional and state officers and their employees and authorizing the expenditure therefore of funds previously appropriated,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 23, 2006.

 

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

 

No:    None.

 

R-11                               Letter from the City Manager and an Ordinance entitled, “An Ordinance to add Division 2.2 to Article IV of Chapter 24 of the Norfolk City Code, 1979, and add Sections 24-211.1 through 24-211.7 SO AS TO provide for a general deferral of a portion of real estate tax increases,” was introduced in writing and read by its title.

 

                    Lindell Davidson, 205 McGinnis Circle, opposed the deferred tax plan.         

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2006.

 

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

 

No:    None.

 

R-12                               Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain subsections (3) and (4) of Section 24-207, of the Norfolk City Code, 1979, SO AS TO increase the income and net worth limits for eligibility to receive real estate tax relief for elderly and disabled taxpayers and to amend and reordain Sections 24-208, 24-209, and 24-209.1 of the Norfolk City Code, 1979, SO AS TO change the date for submitting an affidavit, revise the schedule for exemptions and clarify the computation of deferral,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2006.

 

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

 

No:    None.

 

R-13                               Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the FY 2007 Annual Plan for the Consolidated Plan (Fiscal Years 2004 through 2008); approving the applications for Community Development Block Grant (CDBG), Home Investment Partnership Program (HOME), Emergency Shelter Grant (ESG) Program and American Dream Down Payment Initiative Grant Program Funds; appropriating and authorizing the expenditure of $7,255,090 in CDBG Grant Funds, $2,190,164 in Home Grant Funds and $224,557 in ESG Grant Funds and $36,661 in American Dream Down Payment Initiative (ADDI) Grant Funds, if an when made available, and authorizing the appropriate city officials to do all things necessary to receive the funds and carry out the programs,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective May 16, 2006.

 

Yes:   Burfoot, 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 $56,055,295 to the School Board of the City of Norfolk to support construction and renovation projects, Title I and other special programs and the Child Nutrition Services Program,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 2006.

 

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

 

No:    None.

 

NEW BUSINESS

 

1.      Pearl White, 1400 Bolton Street, asked Council to demolish the John T. West School.

 

2.      Daniel Montague, 4605 Krick Street, opposed the exorbitant cost of televising council meetings and suggested in-house taping.