NORFOLK, VIRGINIA
ACTION
OF THE COUNCIL
TUESDAY,
DECEMBER 18, 2007 – 2:30 P.M.
Prayer
offered by Councilwoman
Daun S. Hester, 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.
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 December 18, 2007.
Yes: Burfoot, Hester, Riddick, Whibley,
Williams, Winn, Wright and Fraim.
No: None.
CEREMONIAL MATTERS
President Fraim read and presented a proclamation
thanking the Granby High School Field Hockey Team for their contribution for
the breast cancer awareness campaign during the recently concluded season that
raised over $9000.00 for breast cancer research.
Tom Jones, President of the Library Foundation and
Peggy Hale-McPhillips, City Historian, presented Norfolk Historical Calendars
to members of Council.
Arthur Eason, President of the Norfolk City Retirees
Association, thanked Council for supporting the retirees.
President Fraim welcomed guests visiting from Hunan Province,
China.
PUBLIC HEARINGS
PH-1 PUBLIC HEARING scheduled this day pursuant to
action of the Council on November 20, 2007, under the State law, public notice
having been inserted in the local press by the City Clerk 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.
No one was present to speak
concerning this matter.
Thereupon, an
Ordinance entitled, “An Ordinance to rezone property located at 1508 Birch Street from R-11
(One-Family) to Conditional C-2 (Corridor Commercial,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 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 November 20, 2007, under the State law, public notice
having been inserted in the local press by the City Clerk 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.
Carlos
Howard, 436 West 35th Street and Alton Robinson 735 West 35th Street,
expressed their concerns regarding this matter, stating that before any more
projects are done, a study should be conducted to see what is best needed for
the area.
Thereupon, an Ordinance entitled, “An
Ordinance to amend the General Plan of Norfolk SO AS TO change the land use designation for property located on
the southeast corner of 36th Street and Newport Avenue,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
PH-2A An Ordinance
entitled, “An Ordinance to rezone
property on the southeast corner of 36th Street and Newport Avenue
from R-8 (One-Family) to Conditional C-2 (Corridor Commercial) and PCO-35th
(Pedestrian Commercial Overlay District – 35th Street),” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
PH-3 PUBLIC HEARING scheduled this day pursuant to
action of the Council on November 20, 2007, under the State law, public notice
having been inserted in the local press by the City Clerk 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 519-523 Lucas Avenue.
Sergio
Ortiz, 3123 Tidal Bay Lane, Virginia Beach, was present to answer questions.
Thereupon, an
Ordinance entitled, “An Ordinance to rezone property located at 519, 521, and 523 Lucas Avenue from R-6
(One-Family) to Conditional R-8 (One-Family) ),” was introduced in writing
and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
PH-4 PUBLIC HEARING scheduled this day pursuant to
action of the Council on November 20, 2007, under the State law, public notice
having been inserted in the local press by the City Clerk 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.
George
Georgiades, 417 East Ocean View, the applicant and Hunter Bristow, 112 South
East Trace, Williamsburg, the architect, were present to answer questions.
Thereupon, an
Ordinance entitled, “An Ordinance to amend the General Plan of Norfolk SO AS TO change the land use
designation for properties located on the south side of East Ocean View Avenue
between Hammett Parkway and Sherwood Place from Low Density Residential to High
Density Residential,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
An Ordinance
entitled, “An Ordinance to rezone properties located on the south side of East
Ocean View Avenue between Hammett Parkway and Sherwood Place from R-8
(One-Family), R-12 (Medium Density Multiple-Family), and BFRPO (Bay Front
Residential Parking Overlay) to Conditional OVR (Ocean View Residential) ),”
was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, 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 on the application of CITY OF NORFOLK, for the closing, vacating and discontinuing the southern portion of
Brambleton Avenue extending from Yarmouth Street eastwardly to Duke Street.
No one was present to speak concerning this matter.
Thereupon, an
Ordinance entitled, “An Ordinance closing, vacating and discontinuing a certain
portion of West Brambleton Avenue extending from Yarmouth Street eastwardly to
Duke Street,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
PH-6 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 conveyance of the property known as Parcel 4-C, in the Atlantic
City Redevelopment Project, to the Economic Development Authority (EDA).
No one was present to speak concerning this matter.
Thereupon, an
Ordinance entitled, “An Ordinance authorizing the conveyance of the property
known as Parcel 4-C, in the Atlantic City Redevelopment Project, to the
Economic Development Authority (EDA),” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 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
on Series 2008 Water Revenue Bonds.
ACTION: City Clerk authorized to
advertise for a public hearing on January 8, 2008.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
C-2 Letter
from the City Manager advising in accordance with Chapters 33.1-40 and 33.1-41
of the Norfolk City Code for
emergency/sole procurements during the months of September and October, 2007
for the Department of Public Works.
ACTION: Received and filed.
Yes: Burfoot,
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 Richard Dillard, for a change of zoning from R-7
(One-Family) District to Conditional R-8 (One-Family) District on property
located at 9523 Sturgis Street.
ACTION: City Clerk authorized to advertise for a public hearing on January 8,
2008.
Yes: Burfoot,
Hester, Riddick, 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 the City Planning Commission to amend the Zoning
Ordinance of the City of Norfolk, 1992, so as to amend Section 7-6,
Table of Principal Uses for Industrial Districts, to permit office use in the
I-3 (General Industrial) District.
ACTION: City Clerk authorized to advertise
for a public hearing on January 8, 2008.
Yes: Burfoot,
Hester, Riddick, 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 the City Planning Commission to amend the Zoning
Ordinance of the City of Norfolk, 1992, so as to amend Section 12-9,
Discontinuation of Nonconforming Uses, so as to require the discontinuation of
any nonconforming use which involves any building or structure which is
structurally altered, reconstructed, or moved.
ACTION: City Clerk authorized to
advertise for a public hearing on January 8, 2008.
Yes: Burfoot,
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 accepting with
appreciation a $5,000.00 donation to the City from NFL Youth Football Fund,
appropriating and authorizing the expenditure of the funds for the purpose of
providing youth football programs in the City of Norfolk,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-2 Letter from the
City Manager and an Ordinance entitled, “An Ordinance to amend and
reordain Sections 25-654 and 25-656 SO
AS TO add ten stop signs and one truck of one and one-half ton or over
prohibition,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 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 permitting
William C. Riley to encroach into the right of way of Waterview Avenue at 820 W.
51st Street with a pier,” was introduced in writing and read by
its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-4 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, commonly known as St. Mary’s Home for the Disabled Children, authorizing the purchase
of said property, and authorizing the expenditure of a sum of up to $1,000,000
for such purpose from funds heretofore appropriated, and authorizing the issuance and expenditure of
bonds in the amount of $2,000,000 for
the remainder of the installment purchase price,” was introduced in writing and
read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 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 to amend and
reordain Chapter 39.1 of the Norfolk City Code, 1979, SO AS TO conform with the provisions of the Federal Clean Water Act and to amend other sections of this
chapter to make the provisions of this
chapter conform to the practices of the Department of Utilities, to amend and
reordain Sections 39.1-2 through 39.1-4, 39.1-7, 39.1-8, 39.1-11, 39.1-17
through 39.1-21 and 39.1-23 and SO AS TO
add two new Sections numbered 39.1-24 and 39.1-25,” was introduced in writing
and read by its title.
ACTION: The Ordinance as introduced was adopted, effective January 19, 2008.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-6 Letter
from the City Manager and an Ordinance entitled, “An Ordinance approving a
possession agreement with Tire Centers, Inc. relative to the property located
at 1418 Ballentine Boulevard and
authorizing the City Manager to revise the purchase and Sale Agreement
accordingly,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-7 Letter from the
City Manager and an Ordinance entitled, “An Ordinance permitting Springhill Suites to encroach into
Hampton Boulevard at 4500 Hampton Boulevard 2.8’, more or less, with an awning,
patio and sign,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 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 granting a Downtown Development Certificate to
permit construction on a mixed-use structure on the southeast corner of
Monticello Avenue and East Charlotte Street,” was introduced in writing and
read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-9 Letter
from the City Manager and a Resolution entitled, “A Resolution creating a
panel to investigate and suggest solutions to public safety and traffic
congestion problems related to large trucks on Hampton Boulevard and other streets, and appointing the members
thereof,” was introduced in writing and read by its title.
ACTION: The Resolution as
introduced was adopted, effective December 18, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-10 Letter from the
City Manager and the following two Ordinances:
An
Ordinance entitled, “An Ordinance granting a Special Exception to permit the
operation of an eating and drinking establishment on property located at 9569 Shore Drive,” was introduced in
writing and read by its title.
Holly Hirst, 8446 Lynn River Road, was present to answer questions.
ACTION: The Ordinance as introduced was adopted, effective December 18, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-10A An
Ordinance entitled, “An Ordinance granting a Special Exception to permit the
sale of alcoholic beverages for off-premises consumption on property located at
9569 Shore Drive,” was introduced in
writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 2007.
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 nonstandard-width residential
parcel on property located at 912
Lindenwood Avenue,” was introduced in writing and read by its title.
ACTION: The Ordinance as introduced was adopted, effective December 18, 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 the operating of a commercial drive-through
facility on property located at 1136
North Military Highway,” was introduced in writing and read by its title.
Joel Ankney, 320 South Witchduck Road, Virginia Beach, was present to
answer questions.
ACTION: The Ordinance as introduced was adopted, effective December 18, 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 granting a
Special Exception to permit development on a nonstandard-width residential
parcel on property located at 953 Reservoir
Avenue,” was introduced in writing and read by its title.
April Struhs, Benter Homes, 2316 Ingleside Road, was present to answer
questions.
ACTION: The Ordinance as introduced was adopted, effective December 18, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
R-14 A Resolution entitled, “A Resolution appointing a City
Assessor pursuant to Section 11 of the Charter of the City of Norfolk,” was
introduced in writing and read by its title.
ACTION: The Resolution as
introduced was adopted, effective December 18, 2007.
Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim.
No: None.
NEW
BUSINESS
1.
Dan Montague, 4607
Krick Street, asked Council when the Budget process begins do not forget to
include a swimming pool for Sherwood Forest and thanked them for all they do.
2.
Alton
Robinson, 735 W. 35th Street, thanked Mr. Burfoot for attending the
Park Place Christmas Party. He also
thanked the Police Department and the City Clerk’s Office for donating food for
Christmas baskets for Park Place families.
3.
Danny Lee Ginn, 3844
Dare Circle, spoke on issues pertaining to good government and expressed his
opposition to the City Manager.
4.
Gary Dubour, 1433
Kingston Avenue, spoke to Council on light rail and HRT issues.