NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, MARCH 20, 2007 – 2:30 P.M.

 

Prayer offered by Councilwoman 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, Whibley, Williams, Winn, Wright and Fraim.

 

                   No:    None.               

                  

CEREMONIAL MATTER

 

President Fraim read and presented plaques to the following persons:

 

1.       Jack Frost for outstanding service to the city as a member of the Community Service Board.

 

2.                  Dr. Arthur Kaplan for outstanding service to the city as a member and chairman of the Community Service Board.

 

PUBLIC HEARINGS

 

PH-1                                                   PUBLIC HEARING scheduled this day pursuant to action of the Council on February 27, 2007, under the State law, public notice having been inserted in the local press by the City Clerk on the 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. 

                                               

Thereupon, an Ordinance entitled, “An Ordinance to rezone properties located at 5921 Benton Avenue and 462 Honaker Avenue from R-6 (One-Family) to Conditional R-8 (One-Family),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 20, 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 27, 2007, under the State law, public notice having been inserted in the local press by the City Clerk 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.     

 

                    Suzanne Watson, 309 E. 40th Street, applicant, was present to answer questions.

                   

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 111 Pennsylvania Avenue from Low Density Residential to Commercial/Office,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 20, 2007.

 

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

 

                   No:    None.

 

PH-2A                            An Ordinance entitled, “An Ordinance to rezone property located at 111 Pennsylvania Avenue from R-8 (One-Family) to Conditional C-2 (Corridor Commercial) and PCO-Riverview Pedestrian Commercial l Overlay District,” was introduced and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 20, 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 27, 2007, under the State law, public notice having been inserted in the local press by the City Clerk 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.

 

                   Bob Fenning from Old Dominion University was present to answer any questions. 

 

                   Ellis James, 2021 Kenlake Place, expressed his concerns with environmental issues.

                   

Thereupon, an Ordinance entitled, “An Ordinance to rezone property located on the west side of Powhatan Avenue between 43rd Street and 39th Street from OSP (Open Space Preservation) and I-5 (Waterfront Industrial) to IN-2 (Institutional Campus),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 20, 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 27, 2007, under the State law, public notice having been inserted in the local press by the City Clerk 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).

 

                   The following people spoke in opposition to this matter: Barbara Saunders, 147 Lafayette Avenue, Louise Rosmer, 2313 Bay Oaks Place, Anne Freeman, Bay Oaks Place, George Pintoff, 3014 Pretty Lake Avenue, Susan Clarke, 9484 Bay Front Drive, Marion Hollandsworth, 3609 Bayside Avenue, Ned Smith, 9610 16th Bay Street, Betty Mason, 3525 Bayside Avenue, Bill Eason, 351 Bayside Avenue, John Rankin, 3340 East Ocean View Avenue, Janet Marvel, 3505 Bayside Avenue and Chris Rankin, 3340 East Ocean View Avenue was present but did speak.

 

                   James Janata, 3124 East Ocean View Avenue and Bill Dore, 4598 Broad Street, consultant for applicant, spoke in favor of this matter.  Janice Key, 1124 Candlewood Drive, Virginia Beach, Tom Retnauer and Sandra Baynes, 432 Battlefield Boulevard, architects for the applicant, were present to answer any questions.

 

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 3401 East Ocean View Avenue from Medium Density Residential to High Density Residential,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 20, 2007.

 

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

 

                   No:    Whibley and Winn.

 

PH-4A                            An Ordinance entitled, “An Ordinance to amend Chapter 10 of the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO create the Ocean View Residential (OVR) District,” was introduced and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 20, 2007.

 

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

 

                   No:    Whibley and Winn.


 

PH-4B                            An Ordinance entitled, “An Ordinance to rezone property located at 3401 East Ocean View Avenue from R-12 (Medium Density Multiple-Family) and BFRPO (Bay Front Residential Parking Overlay) to Conditional OVR (Ocean View Residential),” was introduced and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 20, 2007.

 

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

 

                   No:    Whibley and Winn.

 

CONSENT AGENDA

 

C-1                                 Letter from the City Clerk presenting the request for use of the Mace and Police Honor Guard for the 54th International Azalea Festival at the Queen’s Coronation to be held on Friday, April 20, 2007 at Norfolk Botanical Garden and the “Parade of Nations” to be held on Saturday, April 21, 2007 in Downtown Norfolk.

 

ACTION:   Use of Mace and Police Honor Guard approved.

 

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 accepting the dedication of drainage easements by Harvey C. Thackston and by Edward A. Givens and approving the terms of the Deed of Easement,” was introduced in writing and read by its title.

                                                               

 

ACTION:   The Ordinance as introduced was adopted, effective March 20, 2007.

 

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 accepting a Governor’s Office for Substance Abuse Prevention (GOSAP) Grant Award of $10,000.00 from the Commonwealth of Virginia, Department of Criminal Justice Services, appropriating and authorizing the expenditure of the grant funds and authorizing the acceptance and expenditure of $1,667.00 as matching funds from the Norfolk Redevelopment & Housing Authority (NRHA), for the Governor’s Youth Community Service & Civic Engagement Program-Prepare Until Success Happens (PUSH) Program,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 20, 2007.

 

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

 

                   No:    None.

 

R-3                                 Letter from the City Manager and the following two Ordinances:

 

                                      An Ordinance entitled, “An Ordinance accepting the dedication of an ingress/egress easement for emergency vehicles and oversize trucks by 515 Granby, L.L.C., and approving the terms of the Deed of Dedication,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 20, 2007.

 

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

 

                   No:    None.

 

R-3A                              An Ordinance entitled, “An Ordinance authorizing the vacation of a temporary easement and of an unused sewer line easement in the closed portion of York Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective March 20, 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 to amend and reordain Subsection (e) of Section 37-43 and Subsection (b) of Section 37-47 of the Code of the City of Norfolk, 1979, as amended regarding the purchase of service under the City’s Retirement System through irrevocable payroll deduction on an annual basis,” was introduced in writing and read by its title.  

 

ACTION:   The Ordinance as introduced was adopted, effective March 20, 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 establishing an underground utility corridor on Military Highway from Lowery Road to Robin Hood Road in connection with the Virginia Department of Transportation’s Military Highway Projects,” was introduced in writing and read by its title.  

                               

ACTION:   The Ordinance as introduced was adopted, effective March 20, 2007.

 

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 Brian G. Finch and Leslie W. Finch to encroach into City property at 920 Cambridge Place, to allow access to a pier on the Lafayette River,” was introduced in writing and read by its title.  

 

                   Brian Finch, 920 Cambridge Place, applicant, was present to answer questions.

                                 

ACTION:   The Ordinance as introduced was adopted, effective March 20, 2007.

 

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

 

                   No:    None.

                                     

 

NEW BUSINESS

 

 

Eloise LaBeau, 3501 Orange Street, discussed blight and the need to have computerized programs to manage code enforcement. 

 

Helen Clarke, asked Council to change Brest Avenue to Clarke Avenue, in memory of her late husband, Pastor Clarke of New Hope Church.

 

Dan Montague, 4605, Krick Street, commented on the need for the City to examine contracts further before entering into them.

 

Mark Feltner, 1356 Pamlico Boulevard, Chesapeake, President of Virginia Coastal Access Now, discussed public access issues and parking at Willoughby Spit on the east side of 15th View Street.

 

Brian Smith, 3612 Kentucky Avenue, discussed the results of the city-wide town hall meeting on March 7, 2007 pertaining to real estate taxes.