NORFOLK, VIRGINIA
ACTION FOR THE COUNCIL
TUESDAY, JANUARY 10, 2006 – 2:30 P.M.
Prayer
offered by Reverend Francis Drake, Pastor, Willow Wood Presbyterian Church, 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.
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 January 10, 2006.
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 December 13, 2005, under the State law, public
notice having been inserted in the local press by the City Clerk on the application of Joe Covington to change
the zoning from C-2 (Corridor Commercial) to conditional R-8 (One-Family)
District on property located on the east side of Chesapeake Boulevard to
the south of the Five Points area.
Eloise
LaBeau, 3501 Orange Street, President of Estabrook Civic League, spoke in
support of this application.
Alma
Kesling, 4535 Bankhead Avenue, spoke in opposition of this application.
Joe
Covington, the applicant, 6061 River Crescent, was present to answer questions.
Thereupon, an Ordinance entitled, “An Ordinance to rezone property located on the east
side of Chesapeake Boulevard and north of Montgomery Street from Conditional
C-2 (Corridor Commercial) to Conditional R-8 (One-Family Residential),” was introduced in writing and
read by its title.
ACTION: The Ordinance as
introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
PH-2 PUBLIC
HEARING scheduled this day pursuant to action of the Council on December 13,
2005, under the State law, public notice having been inserted in the local
press by the City Clerk on the application of Sentara Hospitals to amend The
General Plan of Norfolk, 1992, to change the land use classification and
for a change of zoning from C-4 (Large Scale Commercial) District to IN-2
(Institutional Campus) District on property located at 6241 East Virginia Beach Boulevard.
Thereupon,
an Ordinance entitled, “An Ordinance to amend
the General Plan of Norfolk, 1992, SO AS TO change the land use
designation for property located at 6241 East Virginia Beach Boulevard
from Commercial/Office to Institutional,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
PH-2A Thereupon,
an Ordinance entitled, “An Ordinance to rezone
property located at 6241 East Virginia Beach Boulevard from C-4 (Large
Scale Commercial) to IN-2 (Institutional Campus),” was
introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
PH-3 PUBLIC HEARING scheduled
this day pursuant to action of the Council on December 20, 2005, under the State
law, public notice having been inserted in the local press by the City Clerk on the application of Talmudical Academy of
Norfolk to amend the Zoning Ordinance of the City of Norfolk, 1992,
as amended, to add Boarding Schools as a permitted use by special exception in
the IN-1 (Institutional) District and to add a definition for Boarding Schools.
Alton
Robinson, 735 W. 35th Street, spoke in opposition to this
application and questioned Talmudical Academy’s intent.
Thereupon,
an Ordinance entitled, “An Ordinance to amend
Section 2-3 of the Zoning Ordinance of the City of Norfolk, 1992, SO
AS TO add a definition for Boarding Schools,” was introduced in writing and
read by its title.
ACTION: The Ordinance as
introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
Thereupon,
an Ordinance entitled, “An Ordinance to amend
Table 10-8 of the Zoning Ordinance of the City of Norfolk, 1992, SO
AS TO add Boarding Schools as a use permitted by special exception in the
IN-1 (Institutional) District,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
PH-4 PUBLIC
HEARING scheduled this day pursuant to action of the Council on December
20, 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 to amend the Zoning Ordinance by amending
Subsections 11-12.1 and 11-12.2 of Section 11-12, Residential Compatibility
Overlay District (RCO).
Thereupon, an Ordinance
entitled, “An Ordinance to amend
Section 11-12 of the Zoning Ordinance of the City of Norfolk, 1992, SO
AS TO remove minimum lot requirements in the Residential Compatibility
Overlay District (RCO),” was
introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
PH-5 PUBLIC
HEARING scheduled this day pursuant to action of the Council on December
20, 2005, under the State law, public notice having been inserted in the local
press by the City Clerk to hear comments on
the proposed sale of a GEM Property located at 720 Fremont Street to Benter Homes, L.L.C..
Bill Ozborne, 2316 Ingleside
Road, was present to answer questions.
Thereupon,
an Ordinance entitled, “An Ordinance approving
the sale to Benter Homes, L.L.C. of that certain property described as
Lot 7, Plat of Huntersville, for the sum of $7,600.00; and authorizing the City
manager to negotiate an agreement for the sale of the property in substantial
conformity with the purchase and sale agreement attached hereto,” was introduced in writing and
read by its title.
ACTION: The Ordinance as
introduced was adopted, effective February 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
PH-6 PUBLIC HEARING scheduled this day pursuant to action
of the Council on December 20, 2005, under the State law, public notice having
been inserted in the local press by the City Clerk on the application of George Powell to amend the General Plan of
the City of Norfolk, 1992, and to change the zoning from C-2 (Corridor
Commercial) to Conditional R-13 (High
Density Multiple-Family Residential) on property located at 851 &
859 Norview Avenue.
ACTION: Continue to
February 28, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
PH-7 PUBLIC HEARING scheduled
this day under the State law, public notice having been inserted in the local
press by the City Clerk to hear comments on the proposed local flat tax on
transient lodging for the promotion and advertisement of the City for
conventions and tourism.
The
following spoke in support of the proposed tax:
Paul
Griffith, 4669 Carriage Drive, Virginia Beach, President of the Norfolk Hotel
Motel Association, Tony DiFillippo, 326 Pinewell Drive, Director of Norfolk
Convention & Visitors Bureau; and Patricia Rawls 5200 Studley Avenue.
Daniel
Montague, 4605 Krick Street, spoke in opposition of the proposed tax and
questioned the City’s use of collected fees.
Andrew
Wallach, 545 Mayflower Road, questioned the City’s accounting practices and
asked if reports of the collected tax will be made public.
William
Fuller, 1424 Blue Heron Road, Virginia Beach, VA, was present in support of the
proposed tax but did not speak.
Thereupon,
an Ordinance entitled, “An Ordinance to amend
and reordain Section 24-234 of the Norfolk City Code, 1979, to impose a flat
tax on transient lodging for the promotion and advertisement of the City for
conventions and tourism,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective April 1, 2006.
Yes: Burfoot, Hester,
Williams, Winn, Wright and Fraim.
PH-7A Mayor
Fraim moved that the additional funds for NCVB would not be subject to the City Manager’s approval.
ACTION: Motion adopted.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
PH-7B Thereupon, an
Ordinance entitled, “An Ordinance to amend
and reordain the FY 2006 Operating Budget SO AS TO appropriate and
authorize the expenditure of revenues in an estimated amount not to exceed
$300,000.00 for the period from April 1 through June 30, 2006, from the
imposition and collection of the flat bed tax for use of the funds by the
Norfolk Convention and Visitors Bureau for visitor promotion and advertising
for conventions and tourism,” was introduced in writing and read by its title.
ACTION: The Ordinance as
amended, and introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester,
Williams, Winn, Wright and Fraim.
CONSENT AGENDA
C-1 Letter from the City Manager
presenting recommendation of the City Planning Commission on the application of
Calvary Revival Church for a change of zoning from C-2 (Corridor
Commercial) to Conditional IN-1 (Institutional) on property located at 5755
Poplar Hall Drive.
ACTION: City Clerk authorized to
advertise for a public hearing on January 31, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
C-2 Letter from the City Manager
presenting recommendation of the City Planning Commission on the application of
Old Dominion University Real Estate Foundation to close, vacate and
discontinue a portion of 42nd Street.
ACTION: City Clerk authorized to
advertise for a public hearing on January 31, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
C-3 Letter from the City Manager
presenting recommendation of the City Planning Commission on the application of
Sentara Norfolk General Hospital to amend the Zoning Ordinance by
amending Section 11-32.1, Medical Center Sign Overlay District.
ACTION: City Clerk authorized to
advertise for a public hearing on January 31, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
REGULAR AGENDA
R-1 Matter
of a letter from the City Manager and an Ordinance entitled, “An Ordinance to
amend Section 11-27 of the Zoning Ordinance of the City of Norfolk,
1992, SO AS TO change minimum lot
and encroachment standards in the Park
Place Residential Overlay District,” was introduced in writing and read by
its title.
(Passed
by at the meeting of December 20, 2005)
ACTION: The Ordinance as
introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
R-2 Letter from the
City Manager and an Ordinance entitled, “An Ordinance granting a special
exception to permit the operation of an entertainment establishment on property
located at 930 North Military Highway,” was introduced in writing and
read by its title.
ACTION: The Ordinance as
introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
R-3 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 1026 West 43rd
Street,” was introduced in writing and read by its title.
Kathy Gatchell, the
applicant, 1002 Collection Creek Way, Virginia Beach, was present to answer
questions.
ACTION: The Ordinance as introduced was adopted, effective
January 10, 2006.
Yes: Burfoot, Hester, Riddick,
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 1707 Oakfield Avenue,” was introduced in writing and
read by its title.
Carlos Dyson, the applicant,
P.O. Box 10191, Norfolk, was present to answer questions.
Jennifer Davis, 1705 Oakfield
Avenue, spoke in opposition to the special exception.
ACTION: The Ordinance as
introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
R-5 Letter from the
City Manager and an Ordinance entitled, “An Ordinance accepting a grant of up
to $19,506.60 from the Schools and Libraries Division of the Universal Service Administrative Company
and appropriating the funds and authorizing their expenditure for staff development,
computers and internet access for the Norfolk
Public Library,” was introduced in writing and read by its title.
Hannah Brewer, 1514 Runnymede
Rd., Virginia Beach, was present on behalf of Norfolk Public Library.
ACTION: The Ordinance as
introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
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 south side of Georgia
Avenue and west of Newport Avenue,
known as Lot 6, Block 51, Subdivision of Colonial Place,” was introduced in
writing and read by its title.
Andrew Wallach, 545 Mayflower
Road, commented on procedure the City uses to notify neighbors of the sale of
property.
ACTION: Application withrawn.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
R-7 Letter from the
City Manager and the following two Ordinances:
An Ordinance
entitled, “An Ordinance granting a special exception to permit off-lot parking
on property located at 102 West Olney
Road,” was introduced in writing and read by its title.
Paul Sharp, 110 E. Olney
Road, questioned the proposed parking situation.
ACTION:
The Ordinance as introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
R-7A An Ordinance
entitled, “An Ordinance granting a special exception to permit off-lot parking
on property located on the southwest corner of West Olney Road and Magazine
Lane,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was LOST.
No: Burfoot, Hester,
Riddick, Williams, Winn, Wright and Fraim.
R-8 Letter from the
City Manager and an Ordinance entitled, “An Ordinance approving the acceptance
of $228,540.00 in grant funds from the U.S.
Department of the Interior to assist the City with the design and construction
of a marina at the National Maritime
Center and appropriating and authorizing the expenditure of the funds for
the marina,” was introduced in writing and read by its title.
Andrew Wallach, 545 Mayflower
Avenue, requested a cost/benefit analysis of this grant.
ACTION: The Ordinance as
introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
R-9 Letter from the
City Manager and an Ordinance entitled, “An Ordinance accepting a grant of up
to $69,000.00 from the Bill and Melinda Gates Foundation Public Access
Computer Hardware Upgrade Grant (PACHUG) and appropriating the funds and
authorizing their expenditure to provide public access to computers at Norfolk Public Library,” was introduced
in writing and read by its title.
Hannah Brewer, 1514 Runnymede
Rd., Virginia Beach, was present on behalf of Norfolk Public Library.
ACTION: The Ordinance as
introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
R-10 Letter from the
City Manager and an Ordinance entitled, “An Ordinance accepting the dedication
of a pedestrian access easement by the Trustees of the James Barry Robinson Home for Boys Trust on behalf of Saint Patrick’s School, and approving
the terms of the deed of easement,” was introduced in writing and read by its
title.
Andrew Wallach, 545 Mayflower
Road, questioned who would pay for sidewalks.
ACTION: The Ordinance as
introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
R-11 An Ordinance
entitled, “An Ordinance to cancel certain regular meetings of the City of
Norfolk,” was introduced in writing and read by its title.
ACTION: The Ordinance as
introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
R-12 A Resolution
entitled, “A Resolution appointing David R. Goode to the Chrysler Museum Board
of Trustees for a certain term,” was introduced in writing and read by its
title.
ACTION: The Resolution
as introduced was adopted, effective January 10, 2006.
Yes: Burfoot, Hester, Riddick,
Williams, Winn, Wright and Fraim.
NEW BUSINESS
Roslyn Brown, 418 Pembroke Avenue, Chairman of the
Norfolk Public Libraries Board of Trustees, thanked the City for their support.
Paul
Sharp, 110 E. Olney Road, spoke on behalf of his organization, the Upper Granby
Group (UGG), and suggested ways to improve the upper Granby Street area.
Alton
Robinson, 735 W. 35th Street, commented on the City’s rising
homicide rate and the police department’s use of deadly force.