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Norfolk City Council July 1, 2008 Formal Meeting NORFOLK, VIRGINIA ACTION OF THE COUNCIL TUESDAY, JULY 1, 2008 – 7:00 P.M. President Fraim called the
meeting to order, with all members present.
Prayer offered by Pastor
Stephen Jolly, Freemason Baptist Church, 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. ACTION: The Resolution
as introduced was adopted, effective July 1, 2008. Yes: Burfoot, Hester, Riddick, Whibley,
Williams, Winn, Wright, and Fraim. No: None. President
Fraim announced that the next order of business is the election of the
Vice-Mayor and nominated Councilmember Burfoot and was seconded by Councilman
Wright. There being no further
nominations, the city clerk called the roll and Councilman Burfoot was elected
Vice Mayor for term of two years. ACTION: Motion
adopted. 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 10, 2008, 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 Section 2-3, Definitions, of the Zoning Ordinance of
the City of Norfolk, 1992, SO AS TO increase the permitted height of
noncommercial communication towers and antennas to 75 feet. No one was present to speak concerning this matter. Thereupon, an Ordinance entitled, “An Ordinance to amend the Zoning
Ordinance of the City of Norfolk, 1992, by changing the definition of
“Communication tower/antenna, noncommercial” SO AS TO maintain compliance with the State Law, ” was introduced
in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. 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 10, 2008, under the State law, public notice
having been inserted in the local press by the City Clerk on the application of the
City of Norfolk a) to amend the General Plan of Norfolk, 1992, SO
AS TO change the land use designation for property located at 1251 West 42nd Street from Low
Density Residential to Institutional; b) to change the zoning on property located at 1251 West 42nd Street
from R-8 (One Family) District and Conditional IN-2 (Institutional Campus)
District to IN-2 (Institutional Campus) District; c) to close, vacate and
discontinue the northern 25 feet of an unnamed lane, and d) to close,
vacate and discontinue a portion of 41st
Street. No one was present to speak concerning this matter. Thereupon, an Ordinance entitled, “An Ordinance to amend the General
Plan of Norfolk, 1992, SO AS TO
change the land use designation for property located on the southeast corner of
Bowdens Ferry Road and West 42nd Street from Low Density Residential
to Institutional,” was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. No: None. PH-2A An Ordinance
entitled, “An Ordinance to rezone property located on the southeast corner of
Bowdens Ferry Road and West 42nd Street from R-8 (One-Family) and
Conditional IN-2 (Institutional Campus) to IN-2 (Institutional Campus),” was
introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. No: None. PH-2B An Ordinance
entitled, “An Ordinance closing, vacating and discontinuing a portion of 41st
Street,” was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. No: None. PH-2C An
Ordinance entitled, “An Ordinance closing, vacating and discontinuing a portion
of a 10-foot lane,” was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective July 8, 2008. 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 June 10, 2008, under the State law, public notice
having been inserted in the local press by the City Clerk to hear comments on the acquisition by condemnation
of property for the construction of the new Lambert’s Point Recreation
Center. No one was present to speak concerning this matter. Thereupon, an Ordinance entitled, “An Ordinance finding a public
necessity for the acquisition of land for the purpose of constructing a public
recreation center on the north side of West 40th Street; authorizing
the acquisition by condemnation of a portion of a 10 foot lane, the said
property situate in the City of Norfolk, belonging to the Lamberts Point
Company, no longer in existence; and authorizing the expenditure of the sum of
$2,000.00 to acquire the same,” was
introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. 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 June 10, 2008, 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 Table 5-4, Table of Principal Uses for Office and
Business/Commerce District, of the Zoning Ordinance of the City of Norfolk,
1992, SO AS TO allow Religious Institutions in the BC-1 (Business and
Commerce Park) District by Special Exception. Jim Long, 888 Norfolk Square, spoke in opposition to this matter. Thereupon, an Ordinance entitled, “An Ordinance to amend Table 5-4,
of the Zoning Ordinance of the City of Norfolk, 1992, SO AS TO allow religious institutions
in the BC-1 (Business and Commerce Park) District by Special Exception,” was
introduced in writing and read by its title. ACTION: The Ordinance as introduced was LOST. Yes: None. No: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. REGULAR AGENDA R-1 Letter from the
City Manager and an Ordinance entitled, “An Ordinance approving a
Right of Way Entry Agreement with the Transportation
District Commission of Hampton Roads, operating as Hampton Roads Transit, relative to certain property described as a
triangular shaped platted right of way east of East End Avenue, south of former
Norfolk Southern Railroad Corridor between Station No. 327.8R and Station No.
330R, and a rectangular shaped platted right of way east of Norfolk Southern
Railroad (Sewell’s Point Line), south of former Norfolk Southern Railroad Corridor,
45 feet wide between Station No. 333.8R and Station No. 342.4R,” was introduced
in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. 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 accepting with
appreciation the donation to the City of Norfolk a 2008 Ford Edge automobile
from the Economic Development Authority
for use by the City’s Director of Development,” was introduced in writing and
read by its title. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. 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
purchase from David N. Flores and Martina Flores of certain property,
commonly known as 70 feet, Block 9
on East Virginia Beach Boulevard
for the sum of 95,000.00; authorizing the City Manager to negotiate an
agreement in substantial conformity with the terms and conditions of the
attached Purchase and Sales Agreement; and authorizing the expenditure of a sum
of up to $100,000.00 for such purpose from funds heretofore appropriated to pay
the purchase price and other transaction costs,” was introduced in writing and
read by its title. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. 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 accepting a
grant from the United States Department
of Agriculture for the 2008 Summer
Food Service Program for children and appropriating and authorizing the
expenditure of $341,962.00 for the program,” was introduced in writing and read
by its title. ACTION: The Ordinance as introduced was adopted, effective July1 , 2008. 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 vacating a drainage easement
extending along the western line of Lot 21, as shown on the plat entitled ‘River Forrest Shores Section Two’,” was introduced in writing and read
by its title. Dan
Montague, 4605 Krick Street, spoke concerning this matter. ACTION: The Ordinance as introduced was adopted, effective July 1, 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 the
City’s Lease of certain property owned by 1155
Pineridge, LLC, located at 1155 Pineridge Road, Norfolk, Virginia, for the
purpose of maintaining and operating the Library Support Center and services
directly related thereto; authorizing the City Manager to negotiate a Lease Agreement
in substantial conformity with the Lease Agreement attached hereto; and
authorizing the annual expenditure of a sum of up to 248, 250 to cover the
lease payments,” was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. 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 to amend and reodrain subsection (c) of
Section 25-378 of the Norfolk City Code,
1979, SO AS TO authorize the
donation of abandoned bicycles to charitable organizations,” was introduced in
writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. 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 repeal Section
25-292, subsections (19), (20), (27), (78), (90) of Section 25-649, subsections
(10), (15), (16), (18), (19), (21), (25), (28), (33.5) of Section 25-650, and
amend and reordain Sections 25-651 and 25-654 of the Norfolk City Code, 1979, SO AS TO add one U turn prohibited and
seven stop signs,” was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. 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 accepting a $20,000
grant from the Libraries for the future in collaboration with the Institute for
Museum and Library Services and appropriating and authorizing the expenditure
of $20,000 to develop public programs and facilitate community and online
discussion programs on aging in America sponsored by the Norfolk Public Library,”
was introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. 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 accepting the
dedication of an 8’ x 18” utility easement and a variable width utility
easement by the Visitors of Old Dominion
University to the City of Norfolk and authorizing the City Manager to
accept the Deed of Easement on behalf of the City,” was introduced in writing
and read by its title. ACTION: The Ordinance as introduced was adopted, effective July1, 2008. 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 approving
the conveyance of a thirty foot variable width ingress/egress easement and a
fifteen foot drainage easement to the City
of Portsmouth over City of Norfolk property for the relocation of Coast
Guard Boulevard, and authorizing the City Manager to execute the Deed of
Easement on behalf of the City of Norfolk,” was introduced in writing and read
by its title.
ACTION: WITHDRAWN. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. No: None. R-12 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 entertainment
establishment on property located at 111
West Tazewell Street, Unit 101 A,” was introduced in writing and read by
its title. Sture Sigfed, 520 West 22nd Street, was present on behalf of
this matter. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. No: None. R-12A An Ordinance
entitled, “An Ordinance granting a Special Exception to permit the sale of
alcoholic beverages for off-premises consumption of property located at 111 West Tazewell Street, Unit 101 A,” was
introduced in writing and read by its title. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. Yes: Burfoot,
Hester, Whibley, Williams, Winn, Wright and Fraim. No: Riddick. R-13 Letter from the
City Manager and an Ordinance entitled, “An Ordinance to amend and reordain
subsection (a) of Section 34.1-60 of the Norfolk
City Code, 1979, to increase taxicabs charges,” was introduced in writing
and read by its title. Trombley Morland, 669 Oleander Court and Frank
Brooks, 4705 Redcoat Road, Virginia Beach, were present to answer questions. ACTION: The Ordinance as introduced was adopted, effective July 1, 2008. Yes: Burfoot,
Hester, Riddick, Whibley, Williams, Winn, Wright and Fraim. No: None. R-14 Letter
from the City Manager requesting a public hearing be held to hear comments on
the conveyance of drainage and ingress/egress easements to the City of
Portsmouth over City of Norfolk property as part of realignment of Coast Guard
Boulevard. ACTION: City Clerk authorized to advertise for a public hearing on July
15, 2008. NEW BUSINESS Danny Lee Ginn, 3844 Dare Circle, commented
about management issues in city government and Commercial Real Estate taxes.
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