NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
AUGUST 21, 2007 – 2:30 P.M.
Prayer offered by Councilwoman Daun S. Hester, followed by the Pledge
of Allegiance.
President Fraim moved to excuse Mr. Riddick from today’s meeting.
Motion
adopted.
Yes: Burfoot, Hester, 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: Burfoot, Hester, Whibley, Williams, Winn,
Wright and Fraim.
No: None.
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 August 21, 2007.
Yes: Burfoot, Hester, Whibley, Williams,
Winn, Wright and Fraim.
No: None.
PUBLIC HEARINGS
PH-1 PUBLIC HEARING scheduled this day pursuant to action
of the Council on July 24, 2007, under the State law, public notice having been
inserted in the local press by the City Clerk on the application of Rynn
Caputo to amend the Zoning Ordinance of the City of Norfolk, 1992,
so as to create regulations for bed and breakfast establishments in certain
residential districts and to permit them by Special Exception in R-11, R-12,
R-13, and R-14 Multiple Family Districts; b) and for a special exception
to operate a bed and breakfast at 450 West Ocean View Avenue.
No one was present to speak
concerning this matter.
Thereupon,
an Ordinance entitled, “An Ordinance to amend Sections 4-16 and 25-10 of the
Zoning Ordinance of the City of Norfolk, Virginia, 1992, SO AS TO permit bed and breakfast establishments in Multiple-Family
Residential Districts R-11, R-12, R-13, and R-14 by Special Exception,” was introduced in writing and read by its
title.
ACTION: The
Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
PH-1A An Ordinance
entitled, “An
Ordinance authorizing operation of a bed and breakfast establishment at 450 West Ocean View Avenue,” was introduced in writing and read by its
title.
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
PH-2 PUBLIC HEARING scheduled this day pursuant to
action of the Council on July 24, 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 change of zoning from R-8 (One Family) to PD-BCR (Planned Development – Broad
Creek Renaissance) on property located at 2926 Hollister Avenue.
No one was present to speak
concerning this matter.
Thereupon,
an Ordinance entitled, “An Ordinance to rezone property located at 2926 Hollister Avenue from R-8
(One-Family) to PD-BCR (Planned Development-Broad Creek Renaissance),” was introduced in writing and read by its
title.
ACTION: The
Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
PH-3 PUBLIC HEARING scheduled this day pursuant to
action of the Council on July 24, 2007, under the State law, public notice
having been inserted in the local press by the City Clerk on the application Andy Bacs for a change of
zoning from R-6 (One Family) to Conditional R-8 (One Family) on property
located at 305 Frizzell Avenue.
Andy Bacs, 2517 Edgehill
Avenue, Virginia Beach, was present to answer questions.
Thereupon,
an Ordinance entitled, “An Ordinance to rezone property located at 305 Frizzell 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 August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
PH-4 PUBLIC HEARING scheduled this day, under the
State law, public notice having been inserted in the local press by the City
Clerk on the application of MacArthur Center, to
amend The City of Norfolk Zoning Ordinance, 1992, as amended,
Section 11-28 MacArthur Center Localized Alternative Sign Overlay District
(MCLASO) to permit additional signage in additional locations.
Len Scroggins, 505 Wyndhurst
Drive, and Nico Shultz, 300 Monticello Avenue, were present to answer
questions.
Thereupon,
an Ordinance entitled, “An Ordinance to amend Section 11-28.3 of the Zoning
Ordinance of the City of Norfolk, 1992, SO
AS TO permit additional signage in the MacArthur Center Localized
Alternative Sign Overlay District,” was
introduced in writing and read by its title.
ACTION: The
Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, 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 William Dashiell, to change the zoning from R-6
(One-Family) to Conditional C-2 (Corridor Commercial) on property located at 173
Kempsville Road.
ACTION: City Clerk authorized to advertise for a public hearing on September 11,
2007.
Yes: Burfoot,
Hester, 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 Narita, LLC, to change the zoning from R-11
(Moderate Density Multiple-Family) District to R-13 (Moderate Density
Multiple-Family) District on property located on the southwest corner of
Colonial Avenue and West 28th Street.
ACTION: City Clerk authorized to advertise for a public hearing on September 11,
2007.
Yes: Burfoot,
Hester, 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 Section 12-3 of the
Zoning Ordinance of the City of Norfolk, 1992, as amended, to
substitute the determination of the Building Official with that of the Zoning
Administrator regarding the value of an expansion to a nonconforming structure.
ACTION: City Clerk authorized to advertise for a public hearing on September 11,
2007.
Yes: Burfoot,
Hester, 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 Capital Group – American Funds, to change the
zoning from C-2 (Corridor Commercial) to Conditional BC-1 (Business and
Commerce Park) on property located on the south side of Beamon Road east of
Azalea Garden Road.
ACTION: City Clerk authorized to advertise for a public hearing on September 11,
2007.
Yes: Burfoot,
Hester, 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 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 meetings of June 19, and July 10, 2007)
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, 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 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 meetings of June 26 and July 10, 2007)
Leslie
Crosby, 3661 Foxwell Lane, was present to answer questions.
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, 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 at 846 50th Street,” was introduced in writing and read by
its title.
(Passed by
at the meetings of June 26 and July 10, 2007).
ACTION: Matter withdrawn.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-4 Letter from the City
Manager and an Ordinance entitled, “An Ordinance authorizing operation of a
dormitory at 1014 to 1018 49th
Street,” was introduced in writing and read by its title.
Molly
McCune, 603 Redgate Avenue, was present to answer questions.
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-5 Letter from the City Manager and an Ordinance
entitled, “An Ordinance approving a grant application in the amount of
$330,441.00 to support the continuation of the Victim/Witness Assistance Program, appropriating and authorizing
the expenditure of
the funds
for the program and authorizing the employment of personnel for the program,”
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-6 Letter from the City
Manager and a Resolution entitled, “A Resolution requesting the Commonwealth of
Virginia, Department of Transportation, to establish a project from the Congestion Mitigation and Air Quality
Program, the Norfolk Research Partnership with
Virginia
Universities (Regional ITS Data) Project,” was introduced in writing and read
by its title.
ACTION: The Resolution as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-7 Letter from the City
Manager and an Ordinance entitled, “An Ordinance requesting the Virginia
Department of Transportation to establish a project for safety improvements at
the Little Creek Road/Chesapeake
Boulevard intersection, and authorizing the expenditure of the sum of
$484.00 for the project from funds heretofore appropriated,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-8 Letter from the City Manager and A
Resolution entitled, “A Resolution requesting the Commonwealth of Virginia,
Department of Transportation, to establish a project from the Congestion Mitigation and Air Quality
Program, the Norfolk Incident Management Diversion System Project,” was
introduced in writing and read by its title.
ACTION: The Resolution as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R- 9 Letter
from the City Manager and a Resolution entitled, “A Resolution requesting the
Commonwealth of Virginia, Department of Transportation, to establish a project
from the Congestion Mitigation and Air
Quality Program, the Norfolk Citywide Signal Retiming Project,” was
introduced in writing and read by its title.
ACTION: The Resolution as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-10 Letter from the City
Manager and a Resolution entitled, “A Resolution requesting the Commonwealth of
Virginia, Department of Transportation, to establish a project from the Regional Surface Transportation Program,
the Princess Anne Road and Sewells Point Road Intersection Improvements Project,”
was introduced in writing and read by its title.
ACTION: The Resolution as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-11 Letter from the
City Manager and An Ordinance entitled, “An Ordinance to amend and reordain
Section 25-280 of the Norfolk City Code, 1979, SO AS TO provide parking clearance next to driveways,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R- 12 Letter from the
City Manager and an Ordinance entitled, “An Ordinance permitting Temple Construction Company to encroach
90’ into the right of way at Mary Avenue with a concrete driveway,” was introduced
in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-13 Letter from the City
Manager and an Ordinance entitled, “An Ordinance to repeal subsections (13) and
(39.6) of Section 25-653 and (101.5.4) of Section 25-654 and to amend and
reordain Sections 25-654 to add twenty-nine stop signs,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-14 Letter
from the City Manager and an Ordinance entitled, “An Ordinance accepting a
grant award of up to $43,428.00 from the Department
of Criminal Justice Services Crime & Delinquency Prevention in
Minority/Immigrant Communities Grant Program, appropriating and authorizing
the expenditure of the grant funds and authorizing the expenditure of a local
cash match of up to $14,476.00 for salary and equipment for the Hispanic
Resource Officer,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-15 Letter from the City
Manager and an Ordinance entitled, “An Ordinance accepting a grant award of up
to $14,952.00 from the Department of
Criminal Justice Services Recruiting and Retention of Criminal Justice Professionals
Grant Program, appropriating and authorizing the expenditure of the grant
funds and authorizing the expenditure of a local cash match of up to $4,984.00
for the recruitment of minorities as criminal justice professionals,” was
introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-16 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.
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-17 Letter from the City
Manager and an Ordinance entitled, “An Ordinance appropriating and authorizing
the expenditure of $37,500.00 from the Commonwealth of Virginia, State
Executive Council for Comprehensive Services for At-Risk Youth and Families,
for the Norfolk Interagency Consortium
Administration Program and authorizing the expenditure of $300,000.00 in
local matching funds for the program for the Fiscal Year 2008, and authorizing
the City Manager to employ four persons in the status of Special Project
Employees,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective July 1, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-18 Letter from the
City Manager and an Ordinance entitled, “An Ordinance approving an
agreement with the Commonwealth of Virginia, Department of Transportation, for
the Development and Administration of
the ATMS Phase III Project, and appropriating, and authorizing the
expenditure of the sum of $3,980,000.00 from the Virginia Department of
Transportation Congestion Mitigation and Air Quality Program Funds if and when
made available by the Virginia Department of Transportation for the Preliminary
Engineering and Construction of the Advanced Traffic Management System Phase
III Project,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-19 Letter from the City
Manager and an Ordinance entitled, “An Ordinance approving the acceptance of a
grant award of $429,500 from the Environmental
Protection Agency, appropriating and authorizing the expenditure of the
funds for rehabilitation of Fairmount Park Wastewater Pump Station #18, and to
authorize a local cash match of $429,500,” was introduced in writing and read
by its title.
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-20 Letter from the City
Manager and a Resolution entitled, “A Resolution to authorize the City Manager to
petition the Virginia Department of Game
and Inland Fisheries for permission to install additional regulatory (No
Wake) markers along the Pretty Lake Waterway from Shore Drive Bridge 1360 feet
west to Daybeacon Green 1P and also to extend the No Wake Zone 100 feet west of
the existing marker located adjacent to Bay Point Marina,” was introduced in
writing and read by its title.
Paul
Forehand, 501 Boush Street, was present to answer questions.
ACTION: The Resolution as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-21 Letter from the City
Manager and an Ordinance entitled, “An Ordinance to amend and reordain
Ordinance No. 42,339 to increase the Fiscal Year 2007 Comprehensive Services Act for At-Risk Youth and Families Funds Pool
by $2,565,000.00, appropriating and authorizing the expenditure of the
additional amounts of $1,951,250.00 in such funds from the Commonwealth of
Virginia and $613,750.00 in local matching funds from the Norfolk Department of
Human Services,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective August 21, 2007.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-22 Letter
from the City Clerk submitting a petition filed with the City Clerk’s Office
on Monday, August 20th related to the three downtown structures
commonly known as the Ikon Building, Beecroft & Bull Building and the
Decker Building.
ACTION: Received and filed.
Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim.
No: None.
NEW BUSINESS
1.
The following persons
spoke concerning the future of Kirn Library, including locating a temporary
site for the main library, having sufficient time to box and move its contents,
and ensuring that the main library continues to operate: Tom Jones, P.O. Box 3456, representing the
Library Foundation; Warren Stewart, 100 East Ocean View Avenue, representing
the Library Board of Directors; Candace McPhee, 1511 Bolling Avenue,
representing Friends of the Library.
2.
The following persons
spoke concerning the petition filed with the City Clerk relative to stopping
the demolition of three historic buildings in Norfolk, the Ikon, Beecroft &
Bull, and Decker Buildings: Alice Allen
Grimes, 1913 North Brandon Avenue; Carter Furr, 1 Colley Avenue; Mark Perrault,
950 Hanover Avenue; and Joanne Berkley, 1419 Buckingham Avenue.
3.
Daniel Montague, 4605
Krick Street, questioned the city’s practice of paying consultants to search
for department heads rather than promoting qualified employees from within the department.
4.
Daphna Nachminovitch, 501
Front Street, spoke in support of spay and neuter programs to stem the flow of
unwanted animals.