NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
JANUARY 9, 2007 – 2:30 P.M.
Prayer offered by Vice Mayor Paul Riddick, followed by the Pledge of
Allegiance.
President
Fraim moved to excuse Dr. Whibley for her absence from today’s meeting.
Motion
adopted.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright and Fraim.
No: None.
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.
CEREMONIAL MATTER
President Fraim presented Old Dominion University,
Lady Monarch head coach, Wendy Larry with a plaque for her 500th
career victory on December 9, 2006 at the Ted Constant Center by defeating
Chicago 77-38.
Wendy Larry thanked the Mayor, Council and the City
of Norfolk for their support throughout the years.
PUBLIC
HEARINGS
PH-1 PUBLIC HEARING scheduled this day pursuant to
action of the Council on December 12, 2006 under the State law, public notice
having been inserted in the local press by the City Clerk 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.
Thereupon, an Ordinance entitled, “An
Ordinance closing, vacating and discontinuing a portion of a 28-foot alley
located between Bayne Avenue and Coleman Hawkins Lane,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
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 December 12, 2006 under the State
law, public notice having been inserted in the local press by the City Clerk on the application of THOMAS CORNER ASSOCIATES,
LLC, to close, vacate and discontinue a portion of Poplar Hall Drive.
Murray Rosenbach, 1200 Alantun Drive, Virginia Beach
and William L. Nusbaum, 1700 Dominion Tower, were present but did not speak.
Thereupon, an
Ordinance entitled, “An Ordinance closing, vacating and discontinuing portions
of Poplar Hall Drive including that portion previously known as Hoggard Road,”
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
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 December 12, 2006 under the State
law, public notice having been inserted in the local press by the City Clerk 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.
Thereupon, an Ordinance
entitled, “An Ordinance to close vacated and discontinue a portion of an
unnamed 10-foot Lane between 7445 and 7451 North Shore Road,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
.
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 December 19, 2006 under the State
law, public notice having been inserted in the local press by the City Clerk on the application of KJR 21st LLC.,
to amend the Zoning Ordinance of the City of Norfolk 1992, as amended by
amending Chapter 11 and for the closing, vacating and discontinuing a portion
of Llewellyn Avenue and Omohundro Avenue and for special
exceptions on property located 201 West 21st Street 1) to
permit the development of a structure having mixed uses on property, and 2) to permit the operation of a
commercial drive-through facility.
Vincent Mastracco, 150 W. Main Street, Allan Gonyo,
309 Lynnhaven Parkway, Virginia Beach, Richard Jackson, 230 W. Tazewell Street,
were present but did not speak.
Thereupon, an
Ordinance entitled, “An Ordinance to amend Chapter 11 of the Zoning Ordinance
of the City of Norfolk, 1992, so as to permit mixed-use development by Special
Exception in the Pedestrian Commercial Overlay District – 21st
Street (PCO-21st),” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
No: None.
PH-4A An
Ordinance entitled, “An
Ordinance granting a Special Exception to permit the development of a structure
having mixed uses on property located at 201 West 21st Street,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright and Fraim.
No: None.
PH-4B An
Ordinance entitled, “An
Ordinance granting a Special Exception to permit the operation of a commercial
drive-through facility on property located at 201 West 21st Street,”
was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright and Fraim.
No: None.
PH-4C An
Ordinance entitled, “An
Ordinance closing, vacating and discontinuing the northern 30-foot portion of
20th Street extending from the eastern line of Llewellyn Avenue to
the western line of Omohundro Avenue,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright and Fraim.
No: None.
PH-5 PUBLIC HEARING scheduled this day pursuant to
action of the Council on December 19, 2006 under the State law, public notice
having been inserted in the local press by the City Clerk on the application of Sunsations Realty, LLC.,
to amend the General Plan, amend Chapter 11, Overlay Districts, to create the
River’s Edge at Berkley Planned Development (PD MU River’s Edge at Berkley) and
a change of zoning from I-3 (General Industrial) District and I-5 (Deep
Waterfront Industrial) District to River’s Edge at Berkley Planned Development
(PD MU River’s Edge at Berkley).
Ellis
James, 2021 Kenlake Place spoke regarding this matter.
R.J.
Nutter, 222 Central Park Avenue, Virginia Beach and Mike Ashe, 4505 Columbus
Street, Virginia Beach, were present in favor of this matter but did not speak.
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 324 Indian River Road and 335 to
350 Emmett Place from Industrial/Transportation/Utility to High Density
Residential,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
No: None.
PH-5A An
Ordinance entitled, “An
Ordinance to amend Chapter 27 of the Zoning Ordinance of the City of Norfolk,
1992, so as to create the River’s Edge at Berkley Planned Development District
(PD-R River’s Edge at Berkley),” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright and Fraim.
No: None.
PH-5B An
Ordinance entitled, “An
Ordinance to rezone properties located at 324 Indian River Road and 335 to 350
Emmett Place from I-3 (General Industrial) and I-5 (Waterfront Industrial) to
River’s Edge at Berkley Residential Planned Development District (PD-R River’s
Edge at Berkley),” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
Yes: Burfoot, Hester, Riddick, Williams, Winn,
Wright and Fraim.
No: None.
CONSENT AGENDA
C-1 Letter
from the City Manager presenting recommendation of the City Planning Commission
on the application of the City Planning Commission to amend the Zoning
Ordinance of the City of Norfolk, 1992 so as to make adjustment and
corrections to various sections of Chapter 17.
ACTION: City Clerk authorized to
advertise for a public hearing on January 30, 2007.
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 the City of Norfolk to amend the conditions of a
previously granted rezoning from High Density Residential to Institutional on
property located at 6352 and 6360 Sewells Point Road.
ACTION: City Clerk authorized to
advertise for a public hearing on January 30, 2007.
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 Burkhart Thomas Reed Architects for a change of
zoning from I-1 (Limited Industrial) to Conditional C-2 (Corridor Commercial)
on property located at 801 26th Street.
ACTION: City Clerk authorized to advertise
for a public hearing on January 30, 2007.
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 Collins Enterprises, LLC for a change of
conditions of a previously granted change of zoning to Conditional R-14
(Multiple Family Residential) district on property located on the south side of
Bolling Avenue between Jamestown Crescent and Westmoreland Avenue.
ACTION: City Clerk authorized to
advertise for a public hearing on January 30, 2007.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
No: None.
C-5 Letter
from the City Manager requesting a public hearing be scheduled to hear comments
on a Partial Closure of Harvard and
Warren Streets west of Newport Avenue.
ACTION: City Clerk authorized to
advertise for a public hearing on January 30, 2007.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
No: None.
REGULAR AGENDA
R-1 Matter
of a 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.
(Passed
by at the meeting of December 12, 2006)
Nancy Baggett, 122 Colver Drive, Chesapeake, James King,
128 Whiting Street, Hampton and Frank Henderson, 4013 Kapcey Drive were present
in favor of this matter but did not speak.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
No: None.
R-1A 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.
(Passed by at the meeting of December 12,
2006)
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
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 the operation of a used merchandise sales
establishment located at 415 North
Military Highway, Units 21 to 33,” was introduced in writing and read by
its title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
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 the operation of a group home for the elderly on property
located at 2444 Kennon Avenue,” was
introduced in writing and read by its title.
Essie
Stephen, 2444 Kennon Avenue spoke in favor of this matter.
Audra
Karwoski, 2424 Kennon Avenue, Coleman Place Civic League, spoke in opposition
to this matter.
ACTION: The Ordinance as introduced was LOST.
Yes: None.
No: 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 the operation of a commercial drive-through facility on property
located at 7734 to 7856 Hampton
Boulevard,” was be introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
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 operation of an entertainment establishment on property
located at 123 West 21st
Street,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
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 eating and drinking
establishment on property located at 191
West Ocean View Avenue, Unit 17,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
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
operate an eating and drinking establishment on property located at 1819 East Little Creek Road,” was
introduced in writing and read by its title.
ACTION: Matter continued until January 23, 2007.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
No: None
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 1827 East Little
Creek Road,” was introduced in writing and read by its title.
ACTION: Matter continued until January 23, 2007.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
No: None.
R-9 Letter
from the City Manager and an Ordinance entitled, “An Ordinance accepting the
Juvenile Justice and Delinquency Prevention Act Title V Grant Award of
$72,608.00 from the Department of
Criminal Justice Services, for the Delinquency Prevention Program to
prevent truancy, appropriating and authorizing expenditure of $46,563.00 in
grant funds and authorizing acceptance of $26,045.00 in services as a local
in-kind match for program personnel salaries and costs, space, equipment and
supplies,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
No: None.
R-10 Letter from the
City Manager and an Ordinance entitled, “An Ordinance accepting and
appropriating grant funds if and when made available from the Project Safe Neighborhoods Program of the
United States Department of Justice and authorizing the City Manager to
employ one person in the position of Assistant Commonwealth Attorney for so
long as the grant funds will allow,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
No: None.
R-11 Letter from
the City Manager and an Ordinance entitled, “An Ordinance authorizing the
purchase from Suzanne Watson and John E. Kennedy of certain property located in
the City of Norfolk and commonly known as 3800
Gosnold Avenue (also known as 638 West 38th Street) for the sum
of $75,000.00; authorizing the City Manager to negotiate and execute an
agreement in substantial conformity with the terms and conditions of the
attached purchase and sale agreement; and authorizing the expenditure of a sum
of up to $80,000.00 from funds heretofore appropriated to pay the purchase
price and other transaction costs,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
Yes: Burfoot,
Hester, Williams, Winn, Wright and Fraim.
No: Riddick.
R-12 Letter from the
City Manager and an Ordinance entitled, “An Ordinance gratefully accepting a
gift from the Sarah Constant Chapter of the Daughters of the American
Revolution,” was introduced in writing and read by its title.
Ellen Beamon, 615 Burleigh
Avenue was present in favor of this matter.
ACTION: The Ordinance as introduced was adopted, effective January 9, 2007.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
No: None.
R-13 A
Resolution entitled, “A Resolution appointing or reappointing 42 persons to 1
Board, 6 commission, and 2 Authorities for certain terms,” was
introduced in writing and read by its title.
ACTION: The Resolution as introduced was adopted, effective January 9, 2007.
Yes: Burfoot,
Hester, Riddick, Williams, Winn, Wright and Fraim.
No: None.
NEW BUSINESS
Gary Dubour, 1433 Kingston
Avenue, commented on the funding for the Military Highway interchange and wished
the Council a Happy New Year.
Dan Montague, 4605 Krick Street, commented on the Granby
Tower.