NORFOLK, VIRGINIA

 

DOCKET FOR THE COUNCIL

 

TUESDAY, JUNE 26, 2007 – 7:00 P. M.

 

 

Prayer offered by Father Seraphim Poulos, Annunciation Greek Orthodox Cathedral, 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.               

 

 

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 26, 2007.

 

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

 

No:    None.

                  


    

      PUBLIC HEARINGS

 

 

PH-1                              PUBLIC HEARING scheduled this day pursuant to action of the Council on June 5, 2007, under the State law, public notice having been inserted in the local press by the City Clerk on the application of Robin DiBuono, to change the zoning from R-6 (One Family) to Conditional R-8 (One Family) on property located at 436 Brockwell Avenue.

                   

                    There was no one present to speak concerning this matter.

 

Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 436 Brockwell 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 June 26, 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 June 5, 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 Real Estate Foundation, to change the zoning from R-14 (High Density Multiple-Family) District, and IRIO (Institutional Residential Impact Overlay) District to UV (University Village) on property located at 43rd Street and Monarch Way.

 

There was no one present to speak concerning this matter.

 

Thereupon, an Ordinance entitled, “An Ordinance to rezone property located on the northwest corner of 43rd Street and Monarch Way from R-14 (Multiple-Family Residential) and IRIO (Institutional Residential Impact Overlay) to UV (University Village),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    None.

 

 

PH-3                                                   PUBLIC HEARING scheduled this day, under the State law, public notice having been inserted in the local press by the City Clerk to hear comments on the repeal of ordinances adopted July 19, 2005 to develop property between 3rd and 7th Bay Street, south of East Ocean View Avenue.

 

                    The following proponents spoke in favor of repealing ordinances adopted July 19, 2005:

 

                    Bill Kerry, 2330 Bay Oaks Place, Dan Montague, 4605 Krick Street, Stephen Dexter, 509 Carlisle Way, Barbara Saunders, 147 Lafayette Avenue, Paige Caporicci, 2319 Bay Oaks Place, Glenn Kavacs, 3809 Bay Oaks Place. Ann Fitzgibbon, 5037 Pleasant Avenue, was present but did not speak. 

                             

Stuart Buxbaum, 1104 Botetourt Gardens, expressed his concerns regarding properties that he owns in Bay Oaks Place.  

 

Thereupon, an Ordinance entitled, “An Ordinance to repeal the closing, vacating and discontinuing of a portion of 4th Bay Street in the City of Norfolk,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    None.

 

PH-3A                            An Ordinance entitled, “An Ordinance to repeal an amendment to Chapter 27 of the Zoning Ordinance of the City of Norfolk, 1992, creating the 3rd to 7th Bay Street Planned Development District (PD-R-3rd to 7th Bay Street),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    None.

 

PH-3B                           An Ordinance entitled, An Ordinance to repeal the rezoning of property from R-12 (Medium Density Multiple-Family Residential) and IN-1 (Institutional) to 3rd to 7th Bay Street Planned Development (PD-R-3rd to 7th Bay Street),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    None.

 

PH-3C                            An Ordinance entitled, An Ordinance to repeal the definition of standards of construction, establishment, and authorization of public areas and facilities in the 3rd to 7th Bay Street Planned Development District (PD-R-3rd to 7th Bay Street),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    None.

 

           CONSENT AGENDA

 

C-1                                 Letter from the City Manager requesting a public hearing be scheduled to hear comments to amend and reordain the Norfolk City Code, 1979, so as to repeal Article 4 of Chapter 15.2 and to add one new chapter designated Chapter 24.1, Marinas, Wharves and Piers.

 

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

 

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

                   No:    None.

 

C-2                                 Letter from the City Manager requesting a public hearing be scheduled to hear comments to transfer property from the City of Norfolk to Hampton Roads Transit (HRT) in support of the Norfolk Light Rail.

 

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

 

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

                   No:    None.

 

 

          REGULAR AGENDA

 

R-1                                 Matter of a letter from the City Manager and an Ordinance entitled, “An Ordinance to rezone properties bounded on the north by York Street, on the east by Duke Street, on the south by West Bute Street, and on the west by Dunmore Street from HC-WF2 (West Freemason Historic Conservation) to Conditional D-3 (Downtown Mixed Use),” was introduced in writing and read by its title.

                                      (Passed by at the meetings of June 5 and June 12, 2007)

 

Mr. Aubrey Brock, 109 East Main Street and Daniel Blevins, 1710 Kingston Avenue, were present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    None.

 

R-1A                              An Ordinance entitled, “An Ordinance to amend Chapter 11 of the Zoning Ordinance of the City of Norfolk, 1992, so as to create the West Freemason Areas Development Transition Overlay District (WFADTO),” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    None.

 

R-1B                               An Ordinance entitled, “An Ordinance to apply the West Freemason Area Development Transition Overlay District (WFADTO) to properties on the north side of West Bute Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    None.

 

R-2                                 Matter of a letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Downtown Development Certificate to permit residential buildings and a parking garage on properties located south of Brambleton Avenue and north of West Bute Street,” was introduced in writing and read by its title.

                             (Passed by at the meetings of June 5 and June 12, 2007)

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 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 approving the attached Light Rail Cooperation Agreement between the City and Hampton Roads Transit,” was introduced in writing and read by its title.

 

                   Daniel Montague, 4605 Krick Street, spoke in opposition to this matter.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    Hester.

 

R-4                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the terms and conditions of an Agreement between the Norfolk United Soccer Club and the City of Norfolk and appropriating and authorizing the expenditure of $40,000 for the Norfolk United Soccer Club to provide programs for the City’s Department of Recreation, Parks and Open Space,” was introduced in writing and read by its title.

 

                   Alton Robinson, 735 West 35th Street, spoke concerning the schedule for soccer program for Parks & Recreation.

 

ACTION:   Continued to July 10, 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 appropriating $23,624.396 in state and federal grants, contract funds, fees and miscellaneous revenue to the Norfolk Community Services Board and approving the Board’s annual program for fiscal year 2007-2008,” was introduced in writing and read by its title.

                                     

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    None.

 

R-6                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the City Manager to negotiate an Agreement in substantial conformity with the terms and conditions of the attached purchase and sale agreement, for the purpose of purchasing certain property in the 800 block of Spotswood Avenue and Brandon Avenue, in the City of Norfolk, for public parking purposes, authorizing the purchase of said property, and authorizing the expenditure of a sum of up to $1,320,000 for such purpose from funds heretofore appropriated,” was introduced in writing and read by its title.

                                     

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    Riddick.

 

 

 

R-7                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance accepting a grant in the amount of $927,627.00 from the Virginia Department of Criminal Justice Services for the Norfolk Criminal Justice Services-Local Offender Treatment and Supervision (NCJS-LOTS) Agency and the Norfolk Sheriff’s Office Pretrial Services Division, appropriating the funds,  authorizing the expenditure of $58,000 in local funding for the NCJS-LOTS Agency and authorizing the City’s employment of nineteen (19) persons for the agencies and providing funds for their salaries and benefits, and for the salaries and benefits of two (2) Deputy Sheriff employees,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective July 1, 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 to amend Section 25-191 of the Norfolk City Code, 1979 SO AS to conform with the state code pertaining to traffic infractions,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 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 granting a Special Exception to permit development on a non-standard-width residential parcel on property located at 1614 Selden Avenue,” was introduced in writing and read by its title.

                    

Eric Hill, 1006 Breckenridge Court, Chesapeake, Virginia, the applicant, was present to answer questions.

                  

Roscoe Callaway, 1503 Conoga Street, was present but did not speak.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 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 granting a Special Exception to permit development on a non-standard-width residential parcel on property located at 1213 Goff Street,” was introduced in writing and read by its title.

 

ACTION:   Continued generally.

 

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 granting a Special Exception to permit development on a non-standard-width residential lot parcel on property located at 868 Johnson Avenue,” was introduced in writing and read by its title.

                  

                   Ben Meier, 3105 Crestwood Lane, Virginia Beach, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 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 granting a Special Exception to permit development on a non-standard-width residential lot on property located on the west side of Delevan Street and north of Vine Street, known as lot 30,” was introduced in writing and read by its title.

 

                   Roscoe Callaway, 1503 Conoga Street, spoke in opposition to this matter.

 

ACTION:   Continued to July 10, 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 authorizing the purchase from Bruce Stanley Garner, Jr. of certain property located in the City of Norfolk and commonly known as 802 Lexington Street for the sum of $20,000.00; 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 $25,000.00 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 June 26, 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 appropriating the sum of Ninety Two Thousand Three Hundred Seventy One Dollars ($92,371.00) and authorizing the expenditure thereof towards salaries and benefits for two Sheriff Employees,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 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 appropriating Three Hundred Seventy Five Thousand Dollars ($375,000.00) from the U.S. Marshall Service Special Revenue Fund, if and when received, to provide employment benefits to the Sheriff’s employees and upgrade the jail’s video-visitation system, and authorizing disbursement of said funds as directed by the Sheriff,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    None.

 

R-16                               Letter from the City Manager and an Ordinance entitled, “An Ordinance approving the acceptance of receipts from a special revenue project, the Sheriff’s Community Corrections Program, appropriating One Million and Eighty Five Thousand Dollars ($1,085,000.00) for fiscal year 2008, if and when received from the Sheriff, appropriating Fifty Thousand Dollars ($50,000.00) from the fund balance in the fiscal year 2007  special revenue accounts for this program and authorizing the expenditure of these funds by the sheriff for various purposes, including paying the salaries and benefits of nineteen (19) Sheriff’s employees,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    None.

 

 

R-17                               Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development on a non-standard-width residential lot on property located at 700 West 28th Street,” was introduced in writing and read by its title.

 

                   April Struns, 2316 Ingleside Road, the applicant, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    None.

 

R-18                               Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development on a non-standard-width residential parcel on property located at 1412 West 40th Street,” was introduced in writing and read by its title.

                  

Steven Self, 1155 Little Bay Avenue, the applicant, was present to answer questions.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    None.

 

R-19                               Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development on a non-standard-width residential lot on property located at 2600 Barre Street,” was introduced in writing and read by its title.

 

April Struns, 2316 Ingleside Road, the applicant, was present to answer questions.

 

ACTION:   Continued to July 10, 2007.

 

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

                   No:    None.

 

R-20                               Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development on a non-standard-width residential parcel on property located at 1026 Galt Street,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

 

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

                   No:    None.

 

R-21                               Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development on a non-standard-width residential parcel on property located at 1003 Galt Street,” was introduced in writing and read by its title.

 

ACTION:   Continued generally.

 

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

                   No:    None.

 

R-22                               Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development on a non-standard-width residential lot on property located at 1815 Tidewater Drive,” was introduced in writing and read by its title.

 

ACTION:   Continued to July 10, 2007.

 

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

                   No:    None.

 

R-23                               Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development on a non-standard-width residential lot on property located at 2312 Bolton Street,” was introduced in writing and read by its title.

 

ACTION:   Continued to July 10, 2007.

 

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

                   No:    None.

 

R-24                               Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit development on a non-standard-width residential lot on property located at 700 Forbes Street,” was introduced in writing and read by its title.

                  

Peter Wright, 2204 Souverain Lane, Virginia Beach, Virginia, the applicant, was present to answer questions.

                  

                   Dianne Vickhouse, 2352 Bays Edge Avenue, Virginia Beach, Virginia, was present to answer questions.

 

Helen Colonna, 1338 Graydon Avenue, spoke in opposition to this matter.

 

ACTION:   The Ordinance as introduced was adopted, effective June 26, 2007.

 

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

                   No:    None.