NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, JUNE 19, 2007 – 2:30 P.M.

 

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

 

President Fraim moved to excuse Mr. Burfoot from today’s meeting.

 

                   Motion adopted.

 

Yes:   Hester, Riddick, Whibley, 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:   Hester, Riddick, Whibley, Williams, Winn, 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 June 19, 2007.

 

Yes:   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 the City Planning Commission, for a change of zoning from I-3 (General Industrial) to R-11 (Moderate Density Multiple-Family) on property located at 344 West Indian River Road and 324 State Street.

 

ACTION:   City Clerk authorized to advertise for a public hearing on July 10, 2007.

 

Yes:   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 Steve Beasley, for a change in zoning from R-8 (One-Family) to C-2 (Corridor Commercial) on property located at 7921 Westcliff Drive.

 

ACTION:   City Clerk authorized to advertise for a public hearing on July 10, 2007.

 

Yes:   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 the City Planning Commission to amend the Code of the City of Norfolk, 1979 so as to make adjustment and corrections to Chapter 42.5 Subdivisions. 

 

ACTION:   City Clerk authorized to advertise for a public hearing on July 10, 2007.

 

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

 

No:    None.

 

 

 

C-4                                 Letter from the City Manager transmitting Statement of Legal Debt Margin as of March 31, 2007.

 

ACTION:   Received and filed.

 

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

 

No:    None.

         

C-5                                 Letter from the City Manager requesting a public hearing be scheduled to hear comments concerning gratuity paid in addition to the sales tax of a meal.

 

ACTION:   City Clerk authorized to advertise for a public hearing on July 10, 2007.

 

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

 

No:    None.

         

C-6                                 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, to amend Table 15-4 Table of Parking Requirements to eliminate the parking requirement for lots that are forty (40) feet or less in width.

 

ACTION:   City Clerk authorized to advertise for a public hearing on July 24, 2007.

 

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

 

No:    None.

         

C-7                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of Oxford Christian Academy to change the zoning from R-8 (One-Family) to R-11 (Moderate Density Multiple Family) on property located at 1401 Hampton Boulevard.

 

ACTION:   City Clerk authorized to advertise for a public hearing on July 24, 2007.

 

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

 

No:    None.

C-8                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of Dominic Germano to amend The General Plan of Norfolk, 1992, to change the land use classification from high density residential to commercial/office, to change the zoning from R-12 (Medium Density Multiple Family) to Conditional C-2 (Corridor Commercial), on property located at 3248 East Ocean View Avenue and for Special Exceptions  a) to operate an eating and drinking establishment on property located at 3248 East Ocean View Avenue and b) off lot parking on property located at 3201 East Ocean View Avenue.

 

ACTION:   City Clerk authorized to advertise for a public hearing on July 24, 2007.

 

Yes:   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 Downtown Development Certificate to permit a mixed-use building on property located at 418 Granby Street,” was introduced in writing and read by its title.

 

                   Richmond Jackson and Ahmed Hassan, 760 Pilot House Drive, Newport News, were present to answer questions.

 

                   Gary Dubour 1433 Kingston Avenue, appeared in opposition to this matter but did not speak.

 

ACTION:   The Ordinance as introduced was LOST.

 

Yes:     None.

 

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

                                     

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit the operation of an auto title loan establishment on property located at 7816 North Military Highway,” was introduced in writing and read by its title.

 

                   Joel Weintraub, attorney, presented the applicant’s proposal.

 

 

 

 

                   Berkley Jolly, 2361 Stanhope Drive, Virginia Beach, Andre Walker, 308 Wells Court, Hampton, and Elder Brooks, 1401 Tidewater Drive, were present to answer questions.

                  

ACTION:   The Ordinance as introduced was adopted, effective June 19, 2007.

 

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

 

                   No:    Winn and Wright.

 

R-3                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit the sale of alcoholic beverages for off-premises consumption on property located at 4317A Pretty Lake Avenue,” was introduced in writing and read by its title.

 

                   George Pintoff, 3014 Pretty Lake Avenue, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective June 19, 2007.

 

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

 

                   No:    None.

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to operate an automobile repair facility on property located at 6201 to 6217 Sewells Point Road,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 19, 2007.

 

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

 

                   No:    None.

 

 

 

 

 

 

06-19-07/R-5                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit the sale of alcoholic beverages for off-premises consumption on property located at 4208 Monarch Way, Suites D and E,” was introduced in writing and read by its title.

 

                   Laura Langford, 3342 Mentonville Point Drive, Suffolk, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective June 19, 2007.

 

Yes:     Hester, Riddick, Whibley, 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 development on a nonstandard-width residential lot on property located at 3239 Lyons Avenue,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 19, 2007.

 

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

 

                   No:    Riddick.

                                     

R-7                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development on a nonstandard-width residential lot on property located at 7517 Hughart Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 19, 2007.

 

Yes:     Hester, Riddick, Whibley, 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 development on a nonstandard-width residential lot on property located at 2312 McKann Avenue,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 19, 2007.

 

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

 

                   No:    Riddick.

                                     

R-9                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving a Right of Entry Agreement between the City of Norfolk and IMS Environmental Services, Inc. for the installation of monitoring wells on certain city-owned property located near Plum Point,” was introduced in writing and read by its title.

 

                   Ellis James, 2021 Kenlake Place, spoke in favor of this matter.

 

ACTION:   The Ordinance as introduced was adopted, effective June 19, 2007.

 

Yes:     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 permit development on a nonstandard-width residential parcel on property located at 980 Marshall Avenue,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 19, 2007.

 

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

 

                   No:    None.

 

 

 

 

 

 

 

R-11                               Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development on a nonstandard-width residential lot on property located at 237 West 27th Street,” was introduced in writing and read by its title.

 

                   Presalee J. Collins, 512 Nelson Street, expressed opposition because of inadequate parking and traffic concerns.

 

ACTION:   The Ordinance as introduced was adopted, effective June 19, 2007.

 

Yes:     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 entertainment establishment on property located at 723 West 21st Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 19, 2007.

 

Yes:     Hester, Riddick, Williams, Winn and Fraim.

 

                   No:    Whibley and Wright.

 

R-13                               Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development on a nonstandard-width residential parcel on property located at 724 A Avenue,” was introduced in writing and read by its title.

 

ACTION:   Continued to July 10, 2007.

 

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

 

                   No:    None.

 

 

 

 

 

 

         

R-14                               Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development on a nonstandard-width residential lot on property located at 967 Avenue G,” was introduced in writing and read by its title.

                  

                   Marvin Ricks, 8204 Woodland Circle, Suffolk, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective June 19, 2007.

 

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

 

                   No:    Riddick.

 

R-15                               Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development on a nonstandard-width residential lot on property located at 7512 Hughart Street,” was introduced in writing and read by its title.

 

                   Mark Guy, 1905 White Rock Bend, Chesapeake, was present to answer questions.

 

                   Dr. Gerald Keith Epps, 2533 Willowwood Drive, San Antonio, Texas, expressed concern about the wetlands surrounding his property.

 

ACTION:   The Ordinance as introduced was adopted, effective June 19, 2007.

 

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

 

No:     None.

 

R-16                               Letter from the City Manager and an Ordinance entitled, “An Ordinance to rezone property located at 768 West 52nd Street from Conditional C-1 (Limited Commercial) to Conditional R-8 (One-Family Residential),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 19, 2007.

 

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

 

                   No:    None.

 

                   Abstain:  Winn.

 

R-17                               A Resolution entitled, “A Resolution reappointing Barry C. Bishop, George W. Cook, James T. Driggers, and Lillian P. Wright to the School Board of the City of Norfolk,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective June 19, 2007.

 

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

 

                   No:    None.

 

R-18                               A Resolution entitled, “A Resolution appointing or reappointing 18 persons to 3 Boards and 2 Commissions for certain terms,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective June 19, 2007.

 

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

 

                   No:    None.

 

R-19                               Letter from the City Attorney recommending confirmation of the appointment of Heather Lynn Kelley as Assistant City Attorney I, effective August 20, 2007.

 

ACTION:   Appointment confirmed.

 

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

 

                   No:    None.

 

NEW BUSINESS

 

Daniel Montague, 4605 Krick Street, reiterated a request to fund a swimming pool for the Sherwood Forest Recreation Center.