NORFOLK, VIRGINIA

ACTION OF THE COUNCIL

TUESDAY, JULY 10, 2007 – 2:30 P. M.

Prayer offered by Councilwoman Daun Hester, followed by the Pledge of Allegiance.

President Fraim moved to excuse Councilwoman Whibley for her absence from today’s meeting.

Motion adopted.

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

No: None.

INVITATION TO BID

INVITATION TO BID scheduled this day, under State law, public notice having been inserted in the local press by the City Clerk to accept bids for a lease agreement for parking spaces in the York Street Parking Garage.

A letter from LTD Management, offering a bid was submitted by the City Clerk.

ACTION: Bid Closed and offer accepted.

PUBLIC HEARINGS

PH-1 PUBLIC HEARING scheduled this day pursuant to action of the Council on June 12, 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 the Zoning Ordinance of the City of Norfolk, 1992 to permit pawn shops in C-2 (Corridor Commercial) District by special exception.

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There was no one present to speak concerning this matter.

Thereupon, an Ordinance entitled, “An Ordinance to amend Table 6-5 of the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO permit pawnshops in the C-2 (Corridor Commercial) District by special exception” was introduced and read by its title.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

PH-2 PUBLIC HEARING scheduled this day pursuant to action of the Council on June 19, 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, 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.

There was no one present to speak concerning this matter.

Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 344 West Indian River Road and 324 State Street from I-3 (General Industrial) to R-11 (Multiple-Family Residential)” was introduced and read by its title.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

PH-3 PUBLIC HEARING scheduled this day pursuant to action of the Council on June 19, 2007, under the State law, public notice having been inserted in the local press by the City Clerk 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.

Bob St. Clair, 2317 E. Little Creek Road, attorney for the applicant, spoke in favor of this matter.

Tom Fritz, 7928 Westcliff Drive and Barbara Durbin, 7938 Westcliff Drive spoke in opposition to this matter.

Thereupon, an Ordinance entitled, “An Ordinance to rezone property located at 7921 Westcliff Drive from R-8 (One Family) to C-2 (Corridor Commercial)” was introduced and read by its title.

ACTION: The Ordinance as introduced was LOST.

Yes: None.

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

PH-4 PUBLIC HEARING scheduled this day pursuant to action of the Council on June 19, 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 the Code of the City of Norfolk, 1979 so as to make adjustment and corrections to Chapter 42.5 Subdivisions.

No one was present to speak concerning this matter.

Thereupon, an ordinance entitled, “An Ordinance to amend and reordain Chapter 42.5 of the Code of the City of Norfolk, Virginia, 1979, SO AS TO update various provisions of the subdivision ordinance and maintain compliance with state law” was introduced and read by its title.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

PH-5 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 authorizing the land disposition and development contract (“LDDC”) to be entered into with Norfolk Hotel Partners, LLC, and authorizing the conveyance of the property that is the subject of the LDDC to Norfolk Hotel Partners, LLC.

Mary Thakkar, 1564 Crossways Boulevard, Chesapeake was present to answer any questions.

Thereupon, an Ordinance entitled, “An Ordinance approving the lease of 80 parking spaces owned by the City of Norfolk, located in the York Street Parking Garage, to Norfolk Hotel Partners, LLC, for a period up to thirty years with an additional ten year renewal option, upon certain conditions, and authorizing the City Manager to negotiate and execute a garage parking agreement on behalf of the City” was introduced and read by its title.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

PH-5A An Ordinance entitled, “An Ordinance authorizing the land disposition and development contract (“LDDC”) to be entered into with Norfolk Hotel Partners, LLC, and authorizing the conveyance of the property that is the subject of the LDDC to Norfolk Hotel Partners, LLC,” was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

PH-6 PUBLIC HEARING scheduled this day pursuant to action of the Council on June 26, 2007, under the State law, public notice having been inserted in the local press by the City Clerk hear comments to transfer property from the City of Norfolk to Hampton Roads Transit (HRT) in support of the Norfolk Light Rail.

The following people spoke in favor of this matter: Reverend Joseph Green, Jr., 3826 Wedgefield Avenue; Brian Smith, 3612 Kentucky Avenue; Randy Lassiter, 6037 Frament Avenue; and Gary Duboir, 1433 Kingston Avenue.

The following people spoke in opposition to this matter: Phillip Hawkins, Jr., 3597 Mississippi Avenue; Martha Brown, 946 Elgo Street; Jacqueline Warren, 3559 Utah Avenue; Dan Montague, 4605 Krick Street and Loretta Payton, 3563 Utah Avenue.

Thereupon, an Ordinance entitled, “An Ordinance authorizing the sale of certain property to the Transportation District Commission of Hampton Roads, a body corporate and politic of the Commonwealth of Virginia created pursuant to the Transportation District Act of 1964, doing business as Hampton Roads Transit (“HRT”), by the City of Norfolk of approximately 4.68 miles of railroad right-of-way, two aerial easements and several additions and exclusions along the right-of-way (said right-of-way beginning at approximately MP 0.12 and ending at approximately MP 4.68) all located in the City of Norfolk in consideration of HRT’s agreement to design, construct and operate the Light Rail Project and further approving the terms governing the conveyance to HRT” was introduced and read by its title.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: Hester.

REGULAR AGENDA

R-1 Matter of a letter 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.

(Passed by at the meeting June 19, 2007)

ACTION: Continued to August 21, 2007.

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

No: None.

R-2 Matter of a 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.

(Passed by at the meeting of June 26, 2007)

Lewis Georges 919 Wayne Oak Street and David Dearborn, 3468 East Bonner Drive were present to answer any questions.

Joe Austin, 534 Garren Avenue and Alton Robinson, 735 West 35^th Street, spoke in favor of this matter.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

R-3 Matter of a 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.

(Passed by at the meeting on June 26, 2007)

ACTION: Continued to August 21, 2007.

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

No: None.

R-4 Matter of a 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.

(Passed by at the meeting on June 26, 2007)

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

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

R-5 Matter of a 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.

(Passed by at the meeting on June 26, 2007)

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

R-6 Matter of a 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.

(Passed by at the meeting on June 26, 2007)

Marvin Ricks, 8204 Woodland Circle, Suffolk, spoke in favor of this matter.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

R-7 Matter of a 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 846 50^th Street,” was introduced in writing and read by its title.

(Passed by at the meeting on June 26, 2007)

ACTION: Continued to August 21, 2007.

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

No: None.

R-8 Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain Section 24-256 of the Norfolk City Code, 1979 SO AS TO provide that the portion of the amount paid by the purchaser as a discretionary gratuity in addition to the sales price of the meal and the portion of the amount paid by the purchaser as a mandatory gratuity or service charge added by the restaurant in addition to the sales price of the meal are not taxable, but only to the extent that such mandatory gratuity does not exceed 20% of the price of the meal,” was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

R-9 Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Athens, LLC t/a Orapax, Inc. to encroach 5’ into city property at 1300 Redgate Avenue, with a landscape buffer,” was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

R-10 Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Fusion Ink to encroach into the right of way of Granby Street 0.1’ +/- with an existing building and 0.6’ with an aluminum lettered sign mounted on a raceway at 729 Granby Street,” was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

Yes: Burfoot, Hester, Riddick, 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 the operation of a tattoo parlor on property located at 729 Granby Street,” was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

Yes: Burfoot, Hester, Riddick, 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 257 Granby Street,” was introduced in writing and read by its title.

Jorvelle Leary, 257 Granby Street and Robert Fields, 257 Granby Street were present in favor of this matter.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

R-13 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 8101 Shore Drive,” was introduced in writing and read by its title.

The following people were present in favor of this matter: David Watts, 8101 Shore Drive; George Pintoff, 3014 Pretty Lake Avenue and Jim Janata 3124 East Ocean View Avenue.

Sandy White, 8101 Shore Drive spoke in favor of this matter.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

Yes: Burfoot, Hester, Riddick, 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 the sale of alcoholic beverages for off-premises consumption on property located at 260 Boush Street,” was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

R-15 Letter from the City Manager and an Ordinance entitled, “An Ordinance granting a Special Exception to permit the operation of a tattoo parlor on property located at 1540 Azalea Garden Road, Suite G,” was introduced in writing and read by its title.

ACTION: Continued to July 24, 2007.

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

No: None.

R-16 Letter from the City Manager and an Ordinance entitled, “An Ordinance approving a Right of Entry Agreement with A&W Contractors, Inc., for access to certain city property to be used as a “laydown” area during construction of improvements in the vicinity of 38^th Street Pump Station,” was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

R-17 Letter from the City Manager and an Ordinance entitled, “An Ordinance permitting Vernon Middleton Estate to encroach into the right of way at 350 West 22^nd Street,” was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

R-18 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the purchase of certain real property located in the City of Norfolk, known as 1341 Ballentine Boulevard, authorizing the City Manager to negotiate a purchase agreement and expenditure of a price of up to $2,685,000 for such purpose from funds heretofore appropriated,” was introduced in writing and read by its title.

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

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

Yes: Burfoot, Hester, Riddick, 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 operate an entertainment establishment on property located at 421 to 423 Granby Street,” was introduced in writing and read by its title.

Bobby Wright and Jennifer Terrarova, 500 Granby Street were present in favor of this matter.

Marshall Martin, 500 World Trade Center, attorney for the applicant spoke in favor of this matter.

Michael Muhammad, 1216 Curie Court, spoke in opposition to this matter.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

Yes: Burfoot, Hester, Riddick, 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 nonstandard-width residential parcel on property located at 2900 Chesapeake Boulevard,” was introduced in writing and read by its title.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.

Hester (absent for vote)

R-21 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 738 West 22^nd Street, Suites 7 and 8,” was introduced in writing and read by its title.

Andrea DiCarlo, 419 Warren Crescent, #2, was present to answer questions.

ACTION: The Ordinance as introduced was adopted, effective July 10, 2007.

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

No: None.