NORFOLK, VIRGINIA

 

ACTION OF THE COUNCIL

 

TUESDAY, NOVEMBER 20, 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 for his absence from today’s meeting. 

 

Motion adopted.

 

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

 

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.

 

CEREMONIAL MATTER

 

              President Fraim read a proclamation extending best wishes to Goodman and Company on its 75th anniversary as a public accountant firm in the City of Norfolk.  Bruce Holbrook was present to accept the proclamation.

 

 

 

 

 

 

 

 

 

              CONSENT AGENDA

 

C-1                                 Letter from the City Manager requesting a public hearing be scheduled to hear comments on the issuance of General Obligation Refunding Bonds.

 

ACTION:   City Clerk authorized to advertise for a public hearing on December 4, 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 Bank of Hampton Roads, for a change of zoning from R-11 (One-Family) District to conditional C-2 (Corridor Commercial) District on property located at 1508 Birch Street.

 

ACTION:   City Clerk authorized to advertise for a public hearing on December 18, 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 William Fuller, to amend The General Plan, 1992, from low density residential to commercial/office and to change the zoning from R-8 (low density single-family) District to conditional C-2 (Corridor Commercial) District on property located on the southeast corner of 36th Street and Newport Avenue.

 

ACTION:   City Clerk authorized to advertise for a public hearing on December 18, 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 Island Investments, for a change of zoning from R-6 (One-Family) District to conditional R-8 (One-Family) District on property located at 519 Lucas Avenue.

 

ACTION:   City Clerk authorized to advertise for a public hearing on December 18, 2007.

 

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

 

                   No:    None.

 

C-5                                 Letter from the City Manager presenting recommendation of the City Planning Commission on the application of George Georgiades, to amend The General Plan, 1992, from low density residential to high density residential and to change the zoning from R-8 (One-Family) District and R-12 (Medium Density Multiple-Family) District and BFRPO (Bay Front Residential Parking Overlay) District to Conditional OVR (Ocean View Residential) District on property located at 9645 Sherwood Place, 9644 Hammett Parkway, and 409-417 East Ocean View Avenue. 

 

ACTION:   City Clerk authorized to advertise for a public hearing on December 18, 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 of a nonstandard-width residential parcel on property located at 3601 Colonial Avenue,” will be introduced in writing and read by its title.

                                         (Passed by at the meetings of September 18, and October 23, 2007)

 

                  

 

 

Wilma Inge, 3603 Colonial Avenue, expressed opposition to removing the trees that separate her property from the applicant’s property and the manner in which the property is situated.

 

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

 

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

 

                   No:    Hester and Whibley.

                                    

R-2                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend and reordain Section 25-654 of the Norfolk City Code, 1979, SO AS TO add eleven stop signs,” was introduced in writing and read by its title.

 

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

 

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

 

                   No:    None.

                                                                                  

R-3                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance to amend Section 29-53 of the Norfolk City Code, 1979, SO AS TO conform with the State Code pertaining to trespass upon church or school property,” was introduced in writing and read by its title.

 

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

 

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

 

                   No:    None.

                                         

R-4                                 Letter from the City Manager and a Resolution entitled, A Resolution supporting passage by the General Assembly of legislation to prevent exploitative payday lending practices in the Commonwealth,” was introduced in writing and read by its title.

                  

 

 

                   Neil Walsh, 1367 Cornwall Place, supported this matter and encouraged responsible lending practices.

 

ACTION:   The Resolution as introduced was adopted, effective November 20, 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 an agreement between the Commonwealth of Virginia, Department of Transportation and the City of Norfolk relating to the Virginia Beach Boulevard Improvement Project, and authorizing the expenditure of the sum of $392,078.14 from funds heretofore appropriated in the Capital Improvement Projects Budget,” was introduced in writing and read by its title.

 

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

 

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

 

                   No:    None.

                                         

R-6                                 Letter from the City Manager and an Ordinance entitled, “An Ordinance authorizing the acceptance of a Commonwealth of Virginia, Department of Environmental Quality Grant for Litter Prevention, Recycling, and Environmental Educational Programs and appropriating $32,466.00 therefor,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 20, 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 granting a Special Exception to permit development on a nonstandard-width residential parcel on property located at 403 Middlesex Street,” was introduced in writing and read by its title.

         

ACTION:   Matter continued generally.

 

Yes:     Burfoot, Hester, 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 parcel on property located at 1317 Selden Avenue,” was introduced in writing and read by its title.

 

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

 

Yes:     Burfoot, Hester, 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 nonstandard-width residential parcel on property located at 2513 Cottage Avenue,” was introduced in writing and read by its title.

 

ACTION:   Matter continued generally.

 

Yes:     Burfoot, Hester, 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 960 Marshall Avenue,” was introduced in writing and read by its title.

 

                   The applicant Bobby Feinman, 2316 Ingleside Road, advised Council the opposition and he are now in agreement. 

 

It was noted that City Council has questions that should be addressed prior to taking action.

 

ACTION:   Matter continued generally.

 

Yes:     Burfoot, Hester, 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 parcel on property located at 604 West 28th Street,” was introduced in writing and read by its title.

 

Alton Robinson, 735 W. 35th Street, and Marvin Burch, President of the Park Place Civic League, 235 W. 35th Street, expressed concern that the applicant has not appeared before the civic league or involved the community in any discussion about this matter.   Mr. Burch requested that this matter be continued to permit the civic league an opportunity to have dialogue with the applicant.

 

ACTION:   Matter continued generally.

 

Yes:     Burfoot, Hester, 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 nonstandard-width residential parcel on property located at 2529 Barre Street,” was introduced in writing and read by its title.

 

ACTION:   Matter continued generally.

 

Yes:     Burfoot, Hester, Whibley, 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 development on a nonstandard-width residential parcel on property located at 1312 Bolton Street,” was introduced in writing and read by its title.

 

                   Dr. Linda Horsey, 912 Washington Avenue, had no problem with the physical design of the building but expressed concern for the continuity of design within the community.  She asked that Council reconsider granting Special Exceptions on nonstandard-width lots in communities.

 

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

 

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

 

                   No:    Burfoot and Wright.

                                        

R-14                               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 4500 Hampton Boulevard,” was introduced in writing and read by its title.

 

ACTION:   The Ordinance as introduced was adopted, effective November 20, 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 granting a Special Exception to permit the operation of a religious institution on property located at 1442 to 1510 49th Street,” was introduced in writing and read by its title.

 

                   The following persons were present to answer questions but did not speak:  Usman Qureshi, 7432 Flicker Point; Azizur Khawaja, 19 Pirates Cove, Hampton; Yaser Jawad, 1703 Luxen Bay Lane, Chesapeake; Syed Ismail, 105 Sanctuary Cove, Yorktown; and Syed Haider, 741 Forest Mills Road, Chesapeake.

 

ACTION:   The Ordinance as introduced was adopted, effective November 20, 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 granting a Special Exception to permit development on a nonstandard-width residential parcel on property located at 928 Washington Avenue,” was introduced in writing and read by its title.

 

                   Dr. Linda Horsey, 912 Washington Avenue, was present in opposition to this matter but did not speak.

 

ACTION:   The Ordinance as introduced was adopted, effective November 20, 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 granting a Special Exception to permit the construction of a commercial communication tower on property located at 5650 and 5652 East Virginia Beach Boulevard,” was introduced in writing and read by its title.

 

ACTION:   Matter continued generally.

 

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

 

                   No:    None.

                                         

R-18                               Letter from the City Manager and a Resolution entitled, “A Resolution approving the exercise by the Norfolk Airport Authority of powers conferred by Chapter 34, Acts of Assembly of 1918, Chapter 463, Acts of the Assembly of 1948, as amended, and Section 144 of the Norfolk Charter, as amended, in conjunction with the issuance for Virginia Maritime Heritage Foundation, a Virginia nonstock corporation, of not to exceed $1,800,000 of the Authority’s revenue bond (1) in undertaking the refinancing of the cost of the construction and equipping of the Schooner Virginia owned by the Virginia Maritime Heritage Foundation and (2) to pay a portion of the cost of issuing said bond,” was introduced in writing and read by its title.

 

ACTION:   The Resolution as introduced was adopted, effective November 20, 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 authorizing the modification of a dedicated access easement from the City of Norfolk to Keith T. Alston and Michelle M. Alston in Isle of Wight County, and approving the terms of the Deed of Easement modification,” was introduced in writing and read by its title.

 

The attorney, Robert Beamon, 103 Bobby Jones Drive, Portsmouth, was present on behalf of the applicant but did not speak.

 

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

 

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

 

                   No:    None.

                                         

NEW BUSINESS

 

1.      Alton Robinson, 735 W. 35th Street, spoke concerning the structure of City Council and minority representation.

 

2.      Lily Cousins, 963 #2, W. Ocean View Avenue, and James Adams, 605 W. # 6, W. Ocean View Avenue addressed Council pertaining to HRT’s bus service to Willoughby and requested extended hours during the week and bus service on Sundays.  Mr. Adams presented a petition containing over one hundred signatures.

 

3.      Danny Lee Ginn, 3844 Dare Circle, spoke on issues pertaining to good government and expressed his opposition to the City Manager.

 

4.      Ada Blair, 119 Filbert Street, spoke in support of the City Manager.

 

5.      Beverly Sexton, 348 El Passo Avenue, challenged the City Manager to step down.  She also apologized to the Mayor regarding the racial slurs made at a previous meeting.