NORFOLK, VIRGINIA

     ACTION OF THE COUNCIL

       TUESDAY, JANUARY 31, 2006 – 2:30 P.M.

 

Prayer offered by Vice Mayor Daun 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.

 

 

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 January 31, 2006.

 

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 January 10, 2006, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Old Dominion University Real Estate Foundation to close, vacate and discontinue a portion of 42nd Street.

 

 

 

 

 

 

                                                                                Thereupon, an Ordinance entitled, “An Ordinance to close, vacate and discontinue a portion of 42nd Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 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 January 10, 2006, under the State law, public notice having been inserted in the local press by the City Clerk 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.

 

                   Randy Royal, engineer for Kimley-Horn, was present to answer questions.

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 5755 Poplar Hall Drive from C-2 (Corridor Commercial) to Conditional IN-1 (Institutional),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 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 January 10, 2006, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Sentara Norfolk General Hospital to amend the Zoning Ordinance by amending Section 11-32.1, Medical Center Sign Overlay District.

 

 

 

 

 

 

 

 

 

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to amend and reordain Section 11-32 of the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO permit additional signage in the Medical Center Sign Overlay District,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 2006.

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

 

No:   None.        

 

CONSENT AGENDA

 

C-1                                Letter from the City Manager transmitting the Statement of Legal Debt Margin as of December 31, 2005.

 

Recommended Action:  Received and filed.

 

Yes:   Burfoot, Hester, 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 Old Dominion University for a change of zoning from C-2 (Corridor Commercial) to UV (University  Village) on property located on the east side of Hampton Boulevard between 41st Street to 43rd Street.

 

ACTION:   City Clerk authorized to advertise for a public hearing on February 28, 2006.

 

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

 

No:   None.

 

C-3                                Letter from the City Manager presenting recommendation of the City Planning Commission on the application of Oakdale Presbyterian Church for a change of zoning from IN-1 (Institutional) to R-7 (One-Family) on property located at 551 Ashlawn Drive.

 

ACTION:   City Clerk authorized to advertise for a public hearing on February 28, 2006.

 

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

 

No:   None.

 

 

C-4                                Letter from the City Manager presenting recommendation of the City Planning Commission on the application of Marc Morrow for a change of zoning from C-1 (Limited Commercial) to Conditional R-8 (One-Family) on property located along the south side of Webster Avenue.

 

ACTION:   City Clerk authorized to advertise for a public hearing on February 28, 2006.

 

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

 

No:   None.

 

C-5                                Letter from the City Manager recommending a public hearing be held to hear comments on the sale of City-owned property located adjacent to Prichard Street and Cape Henry Avenue to Noell Development Group, LLC.

 

ACTION:   City Clerk authorized to advertise for a public hearing on February 14, 2006.

 

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

 

No:   None.

 

REGULAR AGENDA

 

R-1                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting with appreciation a $10,000 grant award to the City from the Joshua and Elizabeth Darden Foundation to purchase new furnishings and fixtures for the Pretlow Anchor Branch Library,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 2006.

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

 

No:   None.        

 

                                      Letter from the City Manager and the following three Ordinances:

 

R-2                                 An Ordinance entitled, “An Ordinance appropriating and authorizing the expenditure of the sum of $120,000 from the Virginia Department of Transportation Safety Improvement Program Funds, if and when made available by the Commonwealth of Virginia, to provide funds for the preliminary engineering and construction of the Chesapeake Boulevard/5-Points Intersection Project,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 2006.

 

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

 

No:   None.        

 

R-2A                              An Ordinance entitled, “An Ordinance appropriating and authorizing the expenditure of the sum of $300,000 from the Virginia Department of Transportation Safety Improvement Program Funds, if and when made available by the Commonwealth of Virginia, to provide funds for the preliminary engineering and construction of the Tidewater Drive/Webster Avenue Intersection Project,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 2006.

 

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

 

No:   None.        

                            

R-2B                               An Ordinance entitled, “An Ordinance appropriating and authorizing the expenditure of the sum of $210,000 from the Virginia Department of Transportation Safety Improvement Program Funds, if and when made available by the Commonwealth of Virginia, to provide funds for the preliminary engineering and construction of the Brambleton Avenue/St. Paul’s Boulevard Intersection Project,” was introduced in writing and read by its title.  

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 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 approving the vacation and release of a certain 30-foot pedestrian easement shown on that certain plat entitled ‘Subdivision of property in Norfolk Industrial Park,’ dated June 23, 1983, and recorded in the Clerk’s Office of the Circuit Court of the City of Norfolk in Map Book 39, at Page 73; and authorizing the City Manager to execute an appropriate deed of release,” was introduced in writing and read by its title.

 

 

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 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 to amend and reordain the Norfolk City Code, 1979, by adding a new section numbered 25-286.19 SO AS TO designate that portion of the 4200 block of Killam Avenue as a perking permit area,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 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 granting a special exception to permit the sale of alcoholic beverages for off-premises consumption on property located at 201 Berkley Avenue,” was introduced in writing and read by its title.

 

                   Monica Martin, representing the applicant, 201 E. Berkley Avenue, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 2006.

 

Yes:   Burfoot, 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 permit the operation of an entertainment establishment on property located at 3574 North Military Highway, Unit D,” was introduced in writing and read by its title.

 

                   Waring Claud, 5720 Kevin Court, representing Azalea Acres/Azalea Lakes Civic League, spoke in opposition to this application and asked for additional time to talk to the establishment.

 

ACTION:   Continued generally.

 

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

 

No:   None.        

 

R-7                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to create and delete one position in the Department of Law, and providing funds for salary,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 2006.

 

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

 

No:   None.        

 

                                      Letter from the City Manager and the following five Ordinances:

 

R-8                                 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 Selden Avenue and south of Cass  Street,” was introduced in writing and read by its title.

 

                   Bobby Fineman, 2316 Ingleside Road, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 2006.

 

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

 

No:   None.        

 

R-8A                              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 Anderson Street and west of Taggart Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 2006.

 

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

 

No:   None.        

 

R-8B                               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 Summit Avenue and west of Barre Street,” was introduced in writing and read by its title.

 

 

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 2006.

 

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

 

No:   None.        

 

R-8C                               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 Lyons Avenue and north of Pershing  Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 2006.

 

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

 

No:   None.        

 

R-8D                              An Ordinance entitled, “An Ordinance granting a special exception to permit development on a nonstandard-width residential lot on property located on the east side of Carona Avenue and south of Lindenwood Avenue,” was be introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 2006.

 

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

 

No:   None.        

                  

R-9                                 Letter from the City Manager and a Resolution entitled, “A Resolution supporting and endorsing the Virginia First Cities 2006 Legislative Agenda,” was introduced in writing and read by its title.

 

                   Ellis James, 2021 Kenlake Place, commented that the legislative agenda did not

                   include funding for environmental issues.

 

ACTION:   The Ordinance as introduced was adopted, effective January 31, 2006.

 

Yes:   Burfoot, 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 permit the creation of a flag lot on property located on the south side of Hancock Avenue and west of Jason Avenue, known as part of Lots 37 and 39, Plat of Blair Gowrie,” was introduced in writing and read by its title.

                            

                   Gian Peterson, representing More Stuff Investments, 2241 Barraud Avenue, was present to answer questions.

 

                   The following persons spoke in opposition to this application:

 

                   George Pintoff, 3014 Pretty Lake Avenue; Kathy O’Loughlin, 1700 Hancock Avenue; Arlene Nelson, 1750 Hancock Avenue; Gail Vick, 1779 Tait Terrace.

 

                   Eloise LaBeau, 3501 Orange Street, could not be present but noted her opposition to this application in writing to the Council.   

 

ACTION:   Public Hearing closed and continued to February 7, 2006.

 

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

 

No:   None.        

 

R-11                                Letter from the City Attorney requesting confirmation of the               appointment of Andrew R. Fox  as an Assistant City Attorney I.

 

ACTION:   Appointment confirmed.

 

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

 

                        No:   None.

 

NEW BUSINESS

 

                   Virginia Katz, 861 Glenrock Road, requested assistance in obtaining a cemetery marker at the Riverside Cemetery.

 

                   Daniel Montague, 4605 Krick Street, commented on the excellent customer service he and his wife received at the SCOPE Box Office.