NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, SEPTEMBER 12, 2006 – 2:30 P.M.

 

Prayer offered by Councilwoman 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, Whibley, 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 September 12,    

                   2006.

 

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

 

No:    None.

 

 

 

 

 

PUBLIC HEARINGS

 

PH-1                               PUBLIC HEARING scheduled this day pursuant to action of the Council on August 15, 2006 under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the application of Keith Albertson for a change in zoning from R-6 (One-Family) to R-8 (One-Family) on property located at 160 Honaker Avenue.

 

                   No one was present to speak concerning this matter.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone Hoanker Avenue from R-6 (One-Family Residential) to Conditional R-8 (One-Family Residential),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 12, 2006.

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

 

No:    None.

 

PH-2                              PUBLIC HEARING scheduled this day pursuant to action of the Council on August 15, 2006 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 for a change in zoning from I-2 (Light Industrial) District to R-8 (One-Family) District on property located at 3331 – 3335 Tait Terrace. 

 

                    No one was present to speak concerning this matter.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 3331 to 3335 Tait Terrace from I-2 (Light Industrial) to R-8 (One-Family Residential),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 12, 2006.

 

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

 

No:    None.

 

CONSENT AGENDA

 

C-1                                 Letter from the City Manager requesting a Public Hearing be scheduled regarding an acquisition by condemnation of property located at 6352 Sewells Point Road & 6360 Sewells Point Road for Public Parking and Public Recreational Facility.

 

ACTION:   City Clerk authorized to advertise for a public hearing on October 3, 2006.

 

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

 

No:    None.

 

 C-2                                Letter from the City Manager requesting a Public Hearing be scheduled on a lease agreement with Harbor Tours, Inc., for berthing of “Carrie B” at Liverpool Berth.  

                   

ACTION:   City Clerk authorized to advertise for a public hearing on October 3, 2006.

 

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

 

No:    None.

 

REGULAR AGENDA

                                 

R-1                                                       Matter of a 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 9512 and 9516 14th Bay Street,” was introduced in writing and read by its title.

                   (Passed by at the meetings of July 18, 2006 and August 29, 2006)

 

                   James Janata, 3124 East Ocean View Avenue, was present in opposition but did not speak. 

 

ACTION:   Matter continued to September 19, 2006.

 

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

 

                   No:    None.

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain Section 42-201 of the Norfolk City Code, 1979, regarding Special Numbering Provisions as to certain buildings, SO AS TO renumber 101 Colley Avenue as One Colley Avenue,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 12, 2006.

 

                   Yes:   Burfoot, Hester, Riddick, Whibley, 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 creation of a flag lot on property located at 2618 Withers Avenue,” was introduced in writing and read by its title.   

 

                   Steven Wilson, 2618 Withers Avenue, applicant, was present.

 

                   Othes Boyce, 2611 Withers Avenue, and Mary Babcock, 2511 Tate Court, spoke in opposition to this matter. 

 

                   Ann Thornton, 2614 Withers Avenue, was present in opposition but did not wish to speak. 

 

ACTION:   The Ordinance as introduced was LOST.

 

                   Yes:   None.

 

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

 

R-4                                 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 700 Forbes Street,” was introduced in writing and read by its title.  

 

                   Helen Colonna, 1338 Graydon Avenue, spoke in opposition to this matter.

 

                   Gary Dubour, 1433 Kingston Avenue, spoke in favor of this matter.

 

ACTION:   Matter continued generally. 

 

                   Yes:   Burfoot, Whibley, Williams, Winn, Wright and Fraim.

 

                   No:    Hester and Riddick.

 

R-5                                 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 816 B Avenue,” was introduced writing and read by its title.   

                  

                   Gary Dubour, 1433 Kingston Avenue, was present in favor of this matter but did not wish to speak.

 

ACTION:   Matter continued generally. 

 

                   Yes:   Burfoot, Hester, Riddick, Whibley, 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 permit development on a nonstandard-width residential lot on property located on the West Side of Middlesex Street and North of Lunenberg Avenue, known as lot 243, Plat of Land of Atlantic Improvement Company,” was introduced in writing and read by its title.

 

                   Mr. Winn made a motion to continue this matter:

                  

ACTION:   The motion to continue was LOST.

 

                   Yes:  Williams and Winn

 

                   No.:  Burfoot, Hester, Riddick, Whibley, Wright and Fraim.

                  

                   Thereupon, the following people spoke:

                  

                   Leroy Stith, 901 Lunenberg Street, Rita Stith, 901 Lunenberg Street, and Sara McCclees, 429 Middlesex Street, spoke in opposition to this matter. 

 

                   Gary Dubour, 1433 Kingston Avenue, was present in opposition to this matter but did not speak. 

                   Kenneth Bullock, 303 Bayshore Lane, Suffolk, applicant, spoke. 

 

ACTION:   The Ordinance as introduced was LOST.

 

                   Yes:   Winn.

 

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

 

R-7                                 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 on the South Side of B Avenue and West of Sutton Street, known as a portion of Lot 77, Watts and Spalding Plan,” was introduced in writing and read by its title.  

 

                   Michael Justesen, 2316 Ingleside Road, applicant, was present but did not speak. 

 

                   Beatrice Garvin, 964 Washington Avenue, stated that this issue has not been presented to the Civic League.

 

                   Gary Dubour, 1433 Kingston Avenue, was present in favor of this matter but did not wish to speak. 

                  

ACTION:   Matter continued generally. 

 

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

 

                   No:    None.

 

R-8                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain Sections 25-280, 25.1-24 and 25.1-61 of the Norfolk City Code, 1979, so as to enhance enforcement of City Parking Ordinances and authorize enforcement of State Handicapped Parking Statutes by uniformed personnel employed by the City to enforce parking regulations,” was introduced in writing and read by its title.     

 

ACTION:   The Ordinance as introduced was adopted, effective September 12, 2006.

 

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

 

                   No:    None.

 

R-9                                 Letter from the City Manager and a Resolution entitled, “A  Resolution approving the Commonwealth of Virginia, Department of Transportation’s proposed design features for the Princess Anne Road & Kilmer Lane Project, 0166-122-102, PE-101, RW-201, C-501, UPC 52150; requesting the Commonwealth of Virginia, Department of Transportation, to acquire and convey to the City all necessary rights of way; and authorizing the execution of all necessary agreements on behalf of the City,” was introduced in writing and read by its title.  

 

ACTION:   The Resolution as introduced was adopted, effective September 12, 2006.

 

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

 

                   No:    None.

 

R-10                               Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Ocean View Baptist Church to encroach into the Right-of-Way on Government Avenue with a sign,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 12, 2006.

 

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

 

                   No:    None.

 

R-11                                Letter from the City Manager and an Ordinance entitled, “An Ordinance granting Terry and Keeley Krantz permission to encroach at Core Avenue approximately 8’ with an open board stockade fence, concrete pad and walkway,” was introduced in writing and read by its title.   

 

ACTION:   The Ordinance as introduced was adopted, effective September 12, 2006. 

 

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

 

                   No:    None.

 

 

R-12                               Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting and appropriating $568,555 from the Virginia Department of Fire Programs for the “Aid-To-Localities” Program,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 12, 2006.

 

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

 

                   No:    None.

 

R-13                               Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting with appreciation the donation to the City of Norfolk of a skid steer loader from the Virginia Zoological Society, Inc. for use at the Virginia Zoo,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective September 12, 2006.

 

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

 

                   No:    None.

 

R-14                               Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain Chapter 34.1 of the Norfolk City Code, 1979, by amending, repealing and adding certain Sections pertaining to public vehicles,” was introduced in writing and read by its title.  

 

                   Judy Swystun, with Black and White Cabs, 6304 Sewells Point Road, spoke in favor of this matter.

 

                   Andy Felix with Andy’s Cabs, 1541 Beachview Drive, Virginia Beach, spoke in opposition to this matter.

 

ACTION:   The Ordinance as introduced was adopted, effective September 12, 2006.

 

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

 

                   No:    None.

 

 

NEW BUSINESS

 

1.      Daniel Montague, 4605 Krick Street, spoke in opposition to light rail and the need for more tunnels.

2.      Dr. Roderick Hurt, 9720 Ship Watch Road, discussed concerns regarding a proposed restaurant at 1010 West Ocean View.   

3.      Ellis W. James, 2021 Kenlake Place, commented on nuclear plants.  

4.      Mary Simpson Jones, 7505 Paulin Court, discussed management issues at a community center.

5.      Laverne “Percy” Betts, 2804 St. Mihiel Avenue, addressed a fine he received for putting waste on the street too early. 

6.      Gary Dubour, 1433 Kingston Road, commented on the need to eliminate the blind spot at the I-64/264 Interchange.