NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
FEBRUARY 27, 2007 – 7:00 P.M.
Prayer offered by Rev. William McClung, pastor of Ghent United
Methodist 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, Whibley, Williams, Wright
and Fraim.
No: None.
CEREMONIAL MATTER
President Fraim read a proclamation proclaiming
February 27, 2007 as Nightingale Regional Air Ambulance Day. The proclamation was accepted by Pam
Robertson, Vice President of Operations for Sentara Norfolk General
Hospital. Also present were Pam
Streetman, Director of Emergency and Trauma Services for Sentara Norfolk
General, and Chris Cannon, Manager of the Nightingale program.
PUBLIC
HEARINGS
PH-1 PUBLIC HEARING scheduled this day pursuant to action of the Council on January 30,
2007, under the State law, public notice having been inserted in the local
press by the City Clerk on the application of Plumb
Line Ministries to close, vacate and discontinue a portion of a ten-foot
wide unnamed lane from the northern line of Booth Street between Cecelia Street
and Hanson Street.
George Brown, 945 Albert
Avenue, was present to answer questions.
Thereupon,
an Ordinance entitled, “An Ordinance closing, vacating and discontinuing a
portion of a ten-foot wide unnamed lane beginning at a point in the northern
line of Booth Street distant 100 feet east, more or less, from Cecelia Street
and running northwardly to its terminus, 186 feet, more or less,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
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 February 6, 2007, under the State law, public
notice having been inserted in the local press by the City Clerk to hear comments on the issuance of Series 2007
General Obligation Bonds.
No one was present to speak
concerning this matter.
Thereupon,
an Ordinance entitled, “An Ordinance authorizing the issuance and sale by the
City of Norfolk, Virginia of up to $33,000,000 in General Obligation Variable Rate
Demand Bonds, Series 2007 (AMT),” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
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 February 6,
2007, under the State law, public notice having been inserted in the local
press by the City Clerk on the application of C&K
Construction to change the zoning from R-6 (One Family) to conditional R-8
(One Family) on property located at 162 Hicks Avenue.
Keith Albertson, 409 Leslie
Court, Virginia Beach, was present to answer questions.
Thereupon,
an Ordinance entitled, “An Ordinance to rezone property located at 156 to 170
Hicks Avenue from R-6 (One-Family Residential) to Conditional R-8 (One-Family
Residential),” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
PH-4 PUBLIC HEARING scheduled this day pursuant
to action of the Council on February 6, 2007, under the State law, public
notice having been inserted in the local press by the City Clerk on the application of Norfolk Redevelopment and
Housing Authority for a Text Amendment to create the Church Street
Townhouse Overlay District and a change of zoning on property located on the northeast
corner of Church Street and Goff Street.
Steve Morales, 201 Granby
Street, was present to answer questions.
Thereupon,
an Ordinance entitled, “An Ordinance to amend Chapter 11 of the Zoning
Ordinance of the City of Norfolk, 1992, SO
AS TO create the Church Street Townhouse Overlay District,” was introduced
in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
PH-4A An Ordinance
entitled, “An Ordinance to apply the Church Street Townhouse Overlay District
to property located on the northeast corner of Church Street and Goff Street,”
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
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 February 13,
2007, under the State law, public notice having been inserted in the local
press by the City Clerk to hear comments on
the acquisition of property at 1112-1114 Water Street and a vacant lot
for public parking purposes at Harbor Park.
No one was present to speak
concerning this matter.
Thereupon,
an Ordinance entitled, “An Ordinance finding a public necessity for the
acquisition of land for public parking purposes; authorizing the acquisition by
negotiation or by condemnation of 1112-1114 East Water Street and vacant lot,
the said properties situate in the City of Norfolk, belonging to Paulus I.
Haynsworth and Clair Haynsworth; and authorizing the expenditure of the sum of
$384,000.00 to acquire the same,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, 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 Ivan B. Fanton to change the zoning from R-6 (One
Family) to conditional R-8 (One Family) on property located at 5921 Benton
Avenue and 462 Honacker Avenue.
ACTION: City Clerk authorized to
advertise for a public hearing on March 20, 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 Suzanne E. Watson to amend the General Plan of
Norfolk, 1992, to change the land designation from low density residential to
commercial/office and to change the zoning from R-8 (One Family) to conditional
C-2 (Corridor Commercial) and PCO-Riverview Pedestrian Commercial Overlay
District on property located at 111 Pennsylvania Avenue.
ACTION: City Clerk authorized to
advertise for a public hearing on March 20, 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 Janice B. Key and the City Planning Commission to
amend the General Plan of Norfolk, 1992, to change the land use designation
from Medium Density Residential to High Density Residential on property located
at 3401 East Ocean View Avenue, to amend Chapter 10 of the Zoning
Ordinance of the City of Norfolk, 1992, to create the Ocean View Residential
(OVR) District and to rezone property located at 3401 East Ocean View Avenue
from R-12 (Medium Density Multiple-Family) and BFRPO (Bay Front Residential
Parking Overlay District) to Conditional OVR (Ocean View Residential District).
ACTION: City Clerk authorized to
advertise for a public hearing on March 20, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, 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 Old Dominion University to change the zoning from
OSP (Open Space Preservation) and I-5 (Deep Waterfront Industrial District) to
conditional IN-2 (Campus Institutional) on property located along the western
side of Powhatan Avenue between 43rd Street and 39th
Street.
ACTION: City Clerk authorized to
advertise for a public hearing on March 20, 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 granting a
Special Exception to permit the operation of an eating and drinking
establishment on property located at 9583
Shore Drive,” was introduced in writing and read by its title.
Thomas Posilero, 3721 Dunmoor Court, Virginia Beach,
was present to answer questions.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-2 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 eating and drinking establishment on property located at 508 Orapax Street,” was introduced in
writing and read by its title.
Johnathan
Boggs, 508 Orapax Street, was present to answer questions.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-2A An Ordinance
entitled, “An Ordinance granting a Special Exception to permit off-lot parking
on property located at 1303, 1307, and 1309
Boissevain Avenue,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
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 granting a
Special Exception to permit the operation of an entertainment establishment on
property located at 216 East Plume Street,”
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
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 the dedication
of a drainage easement by United States Gypsum Company and approving the terms
of the Deed of Easement,” was introduced in writing and read by its title.
Ellis James, 2021 Kenlake Place, raised concerns
about environmental issues.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
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 amending and reordaining
the Fiscal Year 2007 General Compensation Plan by adding one class title,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: Riddick.
R-6 Letter from the
City Manager and an Ordinance entitled, “An Ordinance accepting $34,280.00 from
the Virginia Department of Criminal Justice Services for the Alternatives to
Detention Program and appropriating and authorizing the expenditure of the
grant funds and authorizing the expenditure of $11,426.00 in local matching
funds for the program for total program funding in the amount of $45,706.00,”
was introduced in writing and read by its title.
Alton Robinson, 735 West 35th Street,
commented about the need to direct grant funds to the most needy neighborhood
throughout the city.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
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 accepting an equipment
grant from the U.S. Department of Homeland Security in support of the Buffer
Zone Protection Loan Program for use by the Norfolk Police Department in its
Buffer Zone Protection Program,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-8 Letter from the
City Manager and an Ordinance entitled, “An Ordinance accepting the dedication
of a permanent utility easement by Cape Properties, Inc., and authorizing the
City Manager to accept the Deed of Easement on behalf of the City of Norfolk,”
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
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 by
Terry C. and Glenda P. Sharp to grant to the City of Norfolk a permanent
utility easement over certain property located at 9554 Bay Point Drive,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
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 accepting the dedication
of permanent utility easements by Bay Point Association and authorizing the
City Manager to accept the Deed of Easement on behalf of the City of Norfolk,”
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-11 Letter from the
City Manager and an Ordinance entitled, “An Ordinance accepting the dedication
of a 15-foot public utility easement by Wayne Creek Associates, LLC, across
certain property located in the subdivision of Estabrook Terrace,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 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 allowing the relocation
of B & B Pawn Shop,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
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 approving, appropriating
and authorizing the expenditure of Tourism Opportunity Program grant funds from
the city’s Public Amenities Fund for FY 2006 of $5,000.00 to Old Dominion
University Film Festival and approving and authorizing the expenditure of
Tourism Opportunity Program grant funds heretofore appropriated from the city’s
Public Amenities Fund for FY 2007 of $50,000.00 to Virginia Symphony, of $50,000.00
to Festevents, of $50,000.00 to Nauticus, of $50,000.00 to Norfolk Botanical
Garden Society, of $50,000.00 to Virginia Arts Festival, of $25,000.00 to Pepper Bird Foundation, of
$5,000.00 to WHRO-Hampton Roads Educational Telecommunications, of $25,000.00
to Chrysler Museum, of $20,000.00 to Hampton Roads Naval Historical Foundation,
of $23,000.00 to City of Norfolk Bureau of Cultural Affairs & Special
Events, of $11,500.00 to Fish Bowl, Inc., of $30,000.00 to Virginia Stage
Company, of $6,800.00 to d’Art Center, of $30,000.00 to Festevents, of
$12,500.00 to Virginia Zoo, of $50,000.00 to Southeastern Virginia Arts Afram
Festival, of $30,000.00 to Virginia Opera, of $15,000.00 to Virginia
Caribbean/American Cultural Association, of $5,000.00 to Virginia Jazz Company,
of $100,000.00 to Norfolk Convention & Visitors Bureau and $11,200.00 to
Old Dominion University Film Festival,” was introduced in writing and read by
its title.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
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 closing, vacating and
discontinuing a portion of Harvard Street from the western line of Newport
Avenue and extending westwardly to its terminus, and a portion of Warren Street
from the western line of Newport Avenue and extending southwestwardly to its
terminus, and authorizing the conveyance by quitclaim deed of any interest the
city may have in the underlying fee of the streets to the abutting property
owner,” was introduced in writing and read by its title.
ACTION: Matter continued one week (March 6, 2007).
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-15 Letter
from the City Manager and an Ordinance entitled, “An Ordinance authorizing the
land disposition and development contract (“LDDC”) to be entered into with Fort
Norfolk Plaza, LLC, and the Economic Development Authority of the City of
Norfolk (“EDA”), and the cooperation agreement to be entered into with the EDA,
and authorizing the expenditure of up to $700,000.00 for the public
improvements provided for in the LDDC,” was introduced in writing and read by
its title.
Daniel Montague, 4605 Krick
Street, expressed opposition to the City funding a private venture, noting that
the Sherwood Forest neighborhood has been asking for a swimming pool for
several years.
ACTION: The Ordinance as introduced was adopted, effective February 27, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Wright and Fraim.
No: Winn.
NEW BUSINESS
1.
George Pintoff, 3014
Pretty Lake Avenue, President of the East Ocean View Civic League (EOVCL),
advised Council the Ward 5 Partnership does not speak for the East Ocean View
Civic League, which has over 200 members.
He asked that any communication pertaining to East Ocean View be
addressed to the civic league and not to the partnership.
2.
Vic Yurkovick, 1816
East Ocean View Avenue, invited Council and City Manager to the town hall
meeting on Wednesday, March 7, 2007 pertaining to real estate taxes.
3.
Brian Smith, 3612
Kentucky Avenue, addressed the city-wide town hall meeting on Wednesday, March 7,
2007 pertaining to real estate taxes.
4.
Alton Robinson, 735 W.
35th Street, commented about community issues.
5.
Ernie Sammons of the
Norfolk Tea Party II, 316 Baydunes Drive, commented on the Charter requirements
for reassessing real estate taxes.