NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
DECEMBER 12, 2006 – 2:30 P.M.
Prayer offered by, Vice Mayor Paul Riddick, 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.
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.
The
Resolution as introduced was adopted, effective December 12, 2006.
Yes: Burfoot, Hester, Riddick, Whibley,
Williams, Winn, Wright and Fraim.
No: None.
CEREMONIAL MATTERS
President Fraim recognized Andrew Heidelberg, one of
the original members of the Norfolk 17. Mr. Heidelberg spoke about his book and
encouraged the city to embrace Norfolk’s history and presented each council
members with a volume.
PUBLIC
HEARINGS
PH-1 PUBLIC HEARING scheduled this day pursuant to
action of the Council on November 7, 2006 under the State law, public notice
having been inserted in the local press by the City Clerk to hear comments on a utility easement agreement granting the City of
Chesapeake an easement for the construction of certain public improvements.
Thereupon,
and Ordinance entitled, “An Ordinance approving a public access and utility
agreement with the City of Chesapeake, and
authorizing the City Manager to execute the agreement on behalf of the City of
Norfolk,” was introduced in writing and
read by its title.
ACTION: The Ordinance as introduced was adopted, effective January12, 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 November 7, 2006 under the State
law, public notice having been inserted in the local press by the City Clerk on the application of First Church of God,
for a change in zoning from R-6 (One-Family) District to Conditional IN-1
(Institutional District) on property located at 8600 - 8620 Bayview
Boulevard and 112 E. Bayview Boulevard.
The following persons spoke in support of this
matter: Tim Persons, 2632 Wingfield
Avenue, David Tackett, 5512 Carolanne Terrance, Apt. 103, Virginia Beach,
Virginia, Dennis McQuown, 192 Haven Drive, Paula Whalen, 219 West ocean View
Ave, Apt 5, Gary DuBois, 1433 Kingston Avenue; and Donald Peter, 5320 Count
Turf Road, Virginia Beach, Virginia, was present, but did not speak.
Thereupon, an
Ordinance, “An Ordinance to rezone property located at 8600 to 8620 Granby Street and 112
East Bayview Boulevard from IN-1 (Institutional) and R-6 (One-Family Residential)
to Conditional IN-1 (Institutional),” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective December 12, 2006.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
PH-3 PUBLIC HEARING scheduled
this day pursuant to action of the Council on November 7, 2006 under the State
law, public notice having been inserted in the local press by the City Clerk on the application of Abduladhim Hamza, for a
change of zoning from R-7 (One-Family) to Conditional C-2 (Corridor Commercial)
on property located at 8232 Tidewater Drive.
Thereupon, an
Ordinance, “An Ordinance to rezone property located at 8232 Tidewater Drive from R-7 (One-Family Residential) to Conditional
C-2 (Corridor Commercial),” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was LOST.
.
Yes: None:
No: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
PH-4 PUBLIC HEARING scheduled
this day pursuant to action of the Council on November 7, 2006 under the State
law, public notice having been inserted in the local press by the City Clerk on the application of Nicholas Vandergrift
for a change in zoning from C-1 (Limited Commercial) District to Conditional
C-2 (Corridor Commercial) District at property located at 713 - 721
Fisherman’s Road and 8471 – 8475 Chesapeake Boulevard.
Kathleen Van Scoyoc, 1434 East Ocean View Avenue,
was present, but did not speak.
ACTION: WITHDRAWN.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
PH-5 PUBLIC HEARING scheduled this day pursuant to
action of the Council on November 28, 2006 under the State law, public notice
having been inserted in the local press by the City Clerk to hear comments on the amendments of the Citizen Participation Plan
of the FY-2004-2008 Consolidated Plan.
Thereupon, an
Ordinance, “An Ordinance approving the amendment of the Citizens Participation Plan in the 2004-2008 Consolidated Plan),”
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 12, 2006.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
CONSENT AGENDA
ALL MATTERS
LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED. THERE WILL BE NO SEPARATE DISCUSSION OF THESE
ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA
AND CONSIDERED SEPARATELY.
C-1 Letter
from the City Manager requesting a public hearing be scheduled to hear comments
on a Partial Closure of a 28-foot Lane between Bayne Avenue and Coleman Hawkins
Lane to Norfolk Redevelopment and Housing Authority.
ACTION: City Clerk authorized to
advertise for a public hearing on January 9, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, 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 THOMAS CORNER ASSOCIATES, LLC, to close, vacate
and discontinue a portion of Poplar Hall Drive.
ACTION: City Clerk authorized to
advertise for a public hearing on January 9, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, 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 JAMES G. BEALE AND TERRY H. DAVIS, JR., to close,
vacate and discontinue a portion of an unnamed lane extending from the southern
line of North Shore Road.
ACTION: City Clerk authorized to advertise
for a public hearing on January 9, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
REGULAR AGENDA
R-1 Letter
from the City Manager and an Ordinance entitled, “An Ordinance permitting
the Old Dominion University Real Estate Foundation to encroach into the right
of way of 45th Street and
Monarch Way at 4417 Monarch Way with subsurface foundations and pilings,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 12, 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 authorizing
the City Manager to negotiate an agreement in substantial conformity with the
terms and conditions of the attached purchase and sale agreement, for the
purpose of purchasing certain parcels, commonly known as 3119 Bapaume Avenue and 1043 Avenue F, in the City of Norfolk,
authorizing the purchase of said property, and authorizing the expenditure of a
sum of up to $85,500.00 for such purpose from funds heretofore appropriated,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 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 permitting
Park Crescent Associates, LP, to encroach with an existing sign (4-feet long,
6-feet high and 0.5-feet wide) in an island in the center of Crescent Way and 4-feet into the North
Military Highway right-of-way,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective December 12, 2006.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-4 Letter from the City
Manager and an Ordinance entitled, “An Ordinance accepting a grant of up to
$16,041.44 from the Schools and Libraries Division of the Universal Service
Administrative Company and appropriating and authorizing the expenditure of the
funds for Telecommunications and Technology Services for the Norfolk Public
Library,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 12, 2006.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-5 Letter from the
City Manager and an Ordinance entitled, “An Ordinance accepting with
appreciation a $17,991.00 vehicle donation from the National Maritime Center
Board in support of the Education and Development Objectives of the National
Maritime Center,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 12, 2006.
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 permitting Wexford ODU, LLC,
to encroach into the right of way of 41st
Street, 43rd Street and Monarch Way with subsurface foundations,
pile caps and roof cornice overhang,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective December 12, 2006.
Yes: Burfoot,
Hester, Riddick, Whibley, 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 operate an entertainment establishment on property located at 437 Granby Street,” was introduced in
writing and read by its title.
Kevin
Martingayle, the attorney, 2101 Parks Avenue, and Brian Wade, the applicant,
2561 Tree Garden Way, Virginia Beach spoke in favor of this matter.
Charles
Cooper, 555 East Ocean View Avenue, spoke in opposition to this matter.
ACTION: The Ordinance as introduced was adopted, effective December 12, 2006.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: Riddick.
R-8 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 905 East Ocean View
Avenue,” was introduced in writing and read by its title.
Gary Dubois, 1433 Kingston Avenue, spoke in opposition
of this matter.
ACTION: The Ordinance as introduced was adopted, effective December 12, 2006.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-9 Letter
from the City Manager and an Ordinance entitled, “An Ordinance accepting the
offer of Robert B. Conroy, Jr. and Cynthia M. Conroy to convey to the City of
Norfolk by Deed of Gift that certain property designated as Lot 21, Plat of
Chesterfield Heights, and authorizing the City Manager to accept the Deed of Gift
on behalf of the City,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 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 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 Modock Avenue, was present in support
of this matter.
ACTION: The Ordinance as introduced was adopted, effective December 12, 2006.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-11 Letter
from the City Manager and the following two Ordinances:
An
Ordinance entitled, “An Ordinance granting a Special Exception to permit the
operation of an entertainment establishment on property located at 1083 37th Street,” was
introduced in writing and read by its title.
ACTION: Continued to January 9, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-11A An
Ordinance entitled, “An Ordinance granting a Special Exception to permit
off-lot parking on property located at 1068
to 1072 37th Street” was introduced in writing and read by its
title.
ACTION: Continued to January 9, 2007.
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 granting a Special
Exception to permit the operation of an eating and drinking establishment on
property located at 411 Granby Street,”
was introduced in writing and read by its title.
Xue
Dian Chen, 411 Granby Street, the applicant, was present to answer questions.
Richard Levin, 610 Pembroke Avenue, was present in support
of this matter.
ACTION: The Ordinance as introduced was adopted, effective December 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 granting a
Special Exception to operate an entertainment establishment on property located
at 421 to 423 Granby Street,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 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
re Ordinance numbered 42,388, SO AS TO
correct the legal description of the property being purchased by the City of
Norfolk from Greater Norfolk Development Corporation,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 12, 2006.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
NEW BUSINESS
1.
Roscoe Callaway, 1503 Conoga Street, asked Council to consider
including Campostella in the conservation study, allocating gem lots to various
contractors, a new middle school with a career training center on the Southside
and acquiring the properties on Wilson Road.
2.
Ellis W. James, 2021 Kenlake Place, commented about the clean
air standards and the light rail.
3.
Carlton Woodington, 3630 Bell Street, asked Council to consider
lowering the real estate taxes and to address reserved parking.