NORFOLK, VIRGINIA

 

DOCKET FOR THE COUNCIL

 

TUESDAY, FEBRUARY 13, 2007 – 2:30 P.M.

 

Prayer offered by Councilman Paul R. Riddick, followed by the Pledge of Allegiance.

 

President Fraim moved to excuse Mr. Winn for his absence from today’s meeting.

 

                   Motion adopted.

 

                   Yes:   Burfoot, Hester, Riddick, Whibley, Williams, 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, Whibley, Williams, 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.

 

                  The Resolution as introduced was adopted, effective February 13, 2007.

 

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

 

No:    None.

                  

CEREMONIAL MATTER

 

President Fraim read and presented resolutions to the following persons:

 

1.       Barbara Ellen Zoby for her fourteen years of outstanding service to the city as a member and chairwoman of the Norfolk City Planning Commission.

 

2.       Michael S. Ives for his eighteen years of outstanding service to the city as a member and chairman of the Employees Retirement System.

 

 

PUBLIC HEARINGS

 

PH-1                                                   PUBLIC HEARING scheduled this day pursuant to action of the Council on January 23, 2007, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the sale of a City-owned parcel of land known as MC-1 located on Market Street and adjoining property owned by The Rotunda Building, LLC. 

 

                    No one was present to speak concerning this matter. 

 

                                      Thereupon, an Ordinance entitled, “An Ordinance authorizing the sale to the Rotunda Building, L.L.C., of a certain parcel of property located in the City of Norfolk, Virginia, and approving the purchase and sale agreement,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 16, 2007.

 

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

 

                   No:    None.

 

PH-2                              PUBLIC HEARING scheduled this day pursuant to action of the Council on January 23, 2007, 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 and reordain Section 16-8.4 of the Zoning Ordinance of the City of Norfolk, 1992, to permit the listing of multiple tenants on freestanding signs in the BC-1 (Business and Commerce Park), BC-2 (Business and Commerce Park), and O-1 (Office) Districts. 

 

                    No one was present to speak concerning this matter. 

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to amend and reordain Section 16-8.4 of the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO permit the listing of multiple tenants on freestanding signs in the BC-1 (Business and Commerce Park), BC-2 (Business and Commerce and Commerce Park), and O-1 (Office) Districts,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 13, 2007.

 

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

 

                   No:    None.

 

PH-3                                                   PUBLIC HEARING scheduled this day pursuant to action of the Council on January 23, 2007, 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 and reordain Sections of the Zoning Ordinance of the City of Norfolk, 1992, so as to clarify conditions under which a nonstandard-width lot may be developed with a one-family dwelling. 

 

                    No one was present to speak concerning this matter. 

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to amend and reordain Sections of the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO clarify conditions under which a nonstandard-width lot may be developed with a one-family dwelling,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 13, 2007.

 

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

 

                   No:    None.

 

 

PH-4                              PUBLIC HEARING scheduled this day pursuant to action of the Council on January 23, 2007, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Jeffrey Willacker to amend the General Plan of Norfolk, 1992, from Commercial/Office to Low Density Residential and for a change of zoning from C-2 (Corridor Commercial) to conditional R-8 (One-Family) District and PPROD (Park Place Residential Overlay) District on property located at 117 and 119 East 30th Street. 

 

                    No one was present to speak concerning this matter. 

 

                                      Thereupon, an Ordinance entitled, “An Ordinance to amend the General Plan of Norfolk SO AS TO change the land use designation for property located at 117 and 119 East 30th Street from Commercial/Office to Low Density Residential,” was introduced in writing and read by its title. 

 

ACTION:   The Ordinance as introduced was adopted, effective February 13, 2007.

 

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

 

                   No:    None.

 

PH-4A                            An Ordinance entitled, An Ordinance to rezone property located at 117 and 119 East 30th Street from C-2 (Corridor Commercial) to Conditional R-8 (One-Family) and to Park Place Residential Overlay District,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective February 13, 2007.

 

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

 

                   No:    None.

 

PH-5                                                   PUBLIC HEARING scheduled this day pursuant to action of the Council on January 23, 2007, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Stephen Cooper to amend the General Plan of Norfolk, 1992, to create the Little Creek Apartments Planned Development (PD-Little Creek Apartments) and to change the zoning to Little Creek Apartments Planned Development (PD-Little Creek Apartments) and C-2 Conditional Corridor Commercial.   

 

                    The applicant, Steve Cooper, was present on behalf of this matter.

                   

                                       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 555 East Little Creek Road from Low Density Residential to High Density Residential,” was introduced in writing and read by its title.  

 

ACTION:   The Ordinance as introduced was adopted, effective February 13, 2007.

 

Yes:     Burfoot, Hester, Riddick, Whibley, Williams, 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 Little Creek Apartments Planned Development District (PD-R LCA),” was introduced in writing and read by its title. 

 

ACTION:   The Ordinance as introduced was adopted, effective February 13, 2007.

 

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

 

                   No:    None.

 

PH-5B                            An Ordinance entitled, “An Ordinance to rezone property located at 555 East Little Creek Road from MHP (Mobile Home Park) to Little Creek Apartments Planned Development District (PD-R LCA),” was introduced in writing and read by its title.  

 

ACTION:   The Ordinance as introduced was adopted, effective February 13, 2007.

 

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

 

                   No:    None.

 

PH-5C                            An Ordinance entitled, “An Ordinance to rezone property located at 557 East Little Creek Road from MHP (Mobile Home Park) to Conditional C-2 (Corridor Commercial),” was introduced in writing and read by its title. 

 

ACTION:   The Ordinance as introduced was adopted, effective February 13, 2007.

 

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

 

                   No:    None.

 

PH-6                              PUBLIC HEARING scheduled this day pursuant to action of the Council on January 23, 2007, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Mitchell Johnson for a change of zoning from R-6 (One-Family) to R-7 (One-Family) on property located at 3576 Utah Street.   

 

                    The following opponents spoke:  Phillip Hawkins, 3597 Mississippi Avenue; William Wetmore, 3586 Utah Avenue; and Kathryn Crist, 3589 Utah Avenue.

                   

                                      Thereupon, an Ordinance entitled, “An Ordinance to rezone properties located at 3576, 3580, 3582, and 3584 Utah Street from R-6 (One-Family Residential) to Conditional R-7 (One-Family Residential),” was introduced in writing and read by its title.   

 

ACTION:   The Ordinance as introduced was LOST.

 

Yes:     None. 

 

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

 

 

 

              CONSENT AGENDA

 

C-1                                 Letter from the City Manager requesting a public hearing be scheduled to hear comments on the acquisition of property at 1112-1114 Water Street and a vacant lot for public parking purposes at Harbor Park.

 

ACTION:   City Clerk authorized to advertise for a public hearing on February 27,                     2007.

 

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

 

                   No:    None.

 

C-2                                 Letter from the City Manager advising in accordance with Chapters 33.1-40 and 33.1-41 of the Norfolk City Code, of emergency/sole source procurement during the month of January 2007.

 

ACTION:   Received and filed.

 

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

 

                   No:    None.

 

C-3                                 Letter from the City Clerk presenting the request of the Knight of Columbus for use of the Mace and Police Honor Guard at the annual St. Patrick’s Day Parade to be held on Saturday, March 17, 2007.

 

 

ACTION:   Use of Mace and Police Honor Guard approved.

 

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

 

                   No:    None.

 

 

 

REGULAR AGENDA

                  

R-1                                 Letter from the City Manager and a Resolution entitled, “A Resolution endorsing requesting federal funding for water-wastewater infrastructure, shoreline protection, policing, homeland security and other projects,” was introduced in writing and read by its title.

 

                   Ellis W. James, 2021 Kenlake Place, commented about the need to protect the city’s shorelines and adequately address the bridges, tunnels, and port.

                            

ACTION:   The Resolution as introduced was adopted, effective February 13, 2007.

 

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

 

                   No:    None.

 

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting with appreciation a $10,000.00 grant award to the City from the Joshua and Elizabeth Darden Foundation and appropriating and authorizing the expenditure of the funds for the purchase of 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 February 13, 2007.

 

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

 

                   No:    None.

 

R-3                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting the offer by William and Karina M. Rubow to grant to the City of Norfolk a permanent utility easement over certain property located at 9538 Bay Point Drive, and authorizing the expenditure of the sum of $12,500.00 from funds heretofore appropriated,” was introduced in writing and read by its title.  

                            

ACTION:   The Ordinance as introduced was adopted, effective February 13, 2007.

 

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

 

                   No:    None.

 

 

R-4                                 Letter from the City Manager and the following two Ordinances:
                   An Ordinance entitled, “An Ordinance authorizing the purchase from Frank E. Benson, Jr. and Sharon J. Benson of certain property located in the City of Norfolk and commonly known as 525 West 29th Street for the sum of $285,000.00; authorizing the City Manager to negotiate an agreement in substantial conformity with the terms and conditions of the attached purchase and sale agreement; and authorizing the expenditure of the sum of $290,000.00 from funds heretofore appropriated to pay the purchase price and the other transaction costs,” was introduced in writing and read by its title.

                            

ACTION:   The Ordinance as introduced was adopted, effective February 13, 2007.

 

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

 

                   No:    None.

 

R-4A                              An Ordinance entitled, “An Ordinance authorizing the purchase from Frank E. Benson, Jr. and Sharon J. Benson of certain property located in the City of Norfolk and commonly known as 529 West 29th Street for the sum of $235,000.00; authorizing the City Manager to negotiate an agreement in substantial conformity with the terms and conditions of the attached purchase and sale agreement; and authorizing the expenditure of the sum of $240,000.00 from funds heretofore appropriated to pay the purchase price and the other transaction costs,” was introduced in writing and read by its title.  

                            

ACTION:   The Ordinance as introduced was adopted, effective February 13, 2007.

 

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

 

                   No:    None.

 

R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the acceptance of a grant award in the amount of $290,491.00 from the U.S. Department of Homeland Security, appropriating and authorizing the expenditure of the funds for the FY 2006 Port Security Grant Program and to authorize a local cash match of $70,761.00 for the purchase of equipment to enhance Port Security,” was introduced in writing and read by its title. 

                            

ACTION:   The Ordinance as introduced was adopted, effective February 13, 2007.

 

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

 

                   No:    None.

                            

NEW BUSINESS

 

1.      Lindell Davidson, 205 W. McGinnis Circle, suggested Norfolk take the lead in promoting LEED (Leadership in Energy & Environmental Design) buildings and require city engineers to follow the LEED guidelines. 

 

2.      Maria Davidson, 205 W. McGinnis Circle, commented about LEED building and suggested the City Manager direct $82,000 in the FY 08 budget.

 

3.      Immanuel A. Graham, 5535 E. Virginia Beach Boulevard, asked Council to investigate an incident involving the police department.

 

4.      Horace Lambert, 2135 Chesterfield Loop, Chesapeake, asked Council to view a non-standard lot he is preparing to develop. 

 

5.      Claudine Smith and Michelle Gilchrist, 5369 Leicester Court, Virginia Beach, asked Council to investigate an incident involving the police department.