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FEBRUARY 15, 1974 SPECIAL SESSI MINUTES OF THE SPI:CIAL MEETING OF THF HONORABLE CITY COUNCIL OF THI;L CITY OF VIRGINIA BEACH, VIRGINIA February 1S, 1974 A Special Meeting of the City Council of the City of Virginia Beach was held in the City Council Chambers on Friday, February 1S, 1974, at 9:00 a.m., in response to the call of the City Manager, Mr. Roger M. Scott, as indicated in the followiiig notice which was delivered to each Councilman in accordance with Section 2.9 of the City Code. February 14, 1974 The Honorable Mayor Members of the Council Gentlemen: In accordance with the Code of the City of Virginia Beach, Section 2-9, I request that a Special Meeting of the Council of the City of Virginia Beach be held in the Council Chambers, Administration Building, Municipal Center, Princess Anne Station, Virginia Beach, Virginia, at 9:00 a.m., Friday, February 15, 1974, for the purpose ot discussing the goals program. Ott City Manager RMS:gs Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Garland L. Isdell, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. Councilmen absent: Councilman Clarence A. Holland 'Cit@ c>f February 11, 1974 The Honorable Mayor Members of the City Council Gentlemen: The attached Interim Managed Growth Policies are for your review. The policies were developed in response to the following: 1. In developing a "plan for planning" as requested by City Council, interim policy statements are essential to provide a foundation for the Task Force's development of appropriate strategies for a managed growth program. These policiea will be refined as more program detail is developed, but these initial statements will provide direction for the undertaking. 2. State and federal courts throughout the country have identified several legal issues in evaluating managed growth programs. The rnain issues revolve around constitutional doctrines of the taking of private property, the rights of people to move from one location to another, and equ@U protection under the law. In recognition of these judicial issues and concerns, policies have been developed which fully protect these rights and there- by lend defensibility to the mana@ed growth program. I At the meeting of the Council on February @5, 1974, when the Task Force pre- sents its thirty (30) day progress report, we would request that the Council be prepared to give us definitive direction concerning t v R c it) anager INTERIM MANAGED GROWTH POLICIES The development of a "plan for planning" as requested in City Council's resolution of January 21, 1974, requires that interim policy statements be approved in order L'o provide direction for the "plan for planning" program. These policies will form the foundation for further program detail and refinement. These policies are interim in that they will be refined throughout the months ahead as the planning process in the City is strengthened and land use controls are imple- mented. Citizen participation will play a key role in evaluating and adjusting these policies to a final form. The policies are also responsive to legal issues which state and federal courts have identified in the evaluation of nianaged growth programs throughout the coun-try. These issues include: the taking of private property, the right to move (mobility), and equal protection of the laws. Goal Virginia Beach is committed to insuring the quality of life through local and regional comprehensive planning and development control systems which will fa- cilitate effective public resource allocation and management as the development process of our City continues. Policy 1: A Regional Commitment The City of Virginia Beach should lead an effort to develop a regional growth policy based upon a fair share growth formula for each member jurisdiction, environmental conditions, financial and administrative constraints on the abil- ity to provide facilities and services, and other factors which affect the quality of life for all citizens in the Region. Development in Virginia Beach should occur when and where facilities are deter- mined to be adequate to support and service said development. The provision of these facilities should be the responsibility of the public sector through the Capital Improvernents Program and the private sector through such devices as site plan and subdivision requirements, voluntary provision by the devel- oper, revenue-expenditures analyses, etc. These facilities should include, but may not be limited to: schools, roads, sewers, parks and recreational fa- cilities, water, fire, police, and drainage. Revised development plans should be consistent with financial and administrative constraints associated with the increased need for adequate facilities. Policy 3: Adequate Services Development in Virginia Beach should occur when and where service delivery sys- tems can be provided consistent with financial and administrative constraints as reflected in the City's operating budgets. Revised development plans should consider the association between the increased need for adequate services and the constraints cited above. I Policy 4: Facilities and Services Prioritization When developing capital improvements programs and operating budgets, the City should assign priority to providing facilities and services in those areas of the City in which inadequacies presently exist. While the City recognizes that new development will require adequate facilities and services, and an effort will be made to provide these, the City's planning process should give priority to those areas of the City already developed and inadequately served. Policy 5: Housing Opportunities The City of Virginia Beach should encourage the development of a variety of housing types and costs to insure a socially and economically integrated citi- zenry. Local comprehensive housing policies should be consistent with regional needs. Policy 6: Property Values The City of Virginia Beach should investigate methods to discourage the excessive inflation of property values which would inhibit the realization of a mixture of housing types and a balanced community. Likewise, methods should be investi- gated for public recapture of portions of increased property values created by public actions. Policy 7: Citizen Participation The City of Virginia Beach should incorporate an on-going citizen participation program for the purpose of assisting the administration in articulating goals for the City. These goals will provide a basic element in the strengthened comprehensive planning and management process - a dynamic process for managing growth and allocating public resources. Mechanisms should be developed in order to maintain citizen participation for the purpose of monitoring community goals and participating in the planning process. Policy 8: Balanced Economic Growth The City of Virginia Beach should encourage the development and maintenance of a diversified and balanced ec6nomic base. The City is committed to preserving its agricultural and tourist-related industries, while at the same time, seek- ing a variety of light industrial and commercial facilities. These facilities should be scaled, clustered and located in a manner consistent with revised de- velopment plans which will insure convenient access to goods, services and em- ployment. Policy 9: Employment Opportunities The City should encourage employment opportunities viith the objective of steadily increasing the proportion of people working and living in Virginia Beach, and of reducing the distance between places of residence and employment. Also, labor intensive industries should be encouraged to locate here in an effort to provide a variety of job opportunities. 2 Policy 10: Educational Opport-,@li-ies The realization of a socially and economically balanced community necessitates the expansion of educatioiiii opportunities. Therefore, in concert with the provision of basic educational facilities and services, the City should also encourage innovative programs of vocational, continuing and higher education. Policy 11: Improved Transportation Systems Using the revised development plans and the Regional Transit Development Plan the City should encourage a balanced transportation system with increasing em;ha- sis placed upon the provision of a public transportation system characterized by an improved road network, expanded,bus service, and an investigation into the initiation of rail service. The Clean Air Act of 1970 mandates the reduction of excessive reliance upon the automobile to minimize negative environmental impacts; also the City desires the efficient movement of people and goods with a minimum of neighborhood disruption Policy 12: Environmental Conditions Environmental conditions in Virginia Beach should be a consideration for deter- mining the compatibility, location, and intensity of both public and private development. These environmental conditions should include, but may not be limited to: soil capability, water quality, air quality, dunes, beaches, wet- lands, floodplains and noise. These environmental conditions should be examined in the context of local, regional, state and federal programs and guidelines. Policy 13: Protection of Critical Areas The City should establish and maintain an open space system to conserve natural resources, preserve scenic beauty, define urban form, and reserve land for orderly, well planned urban expansion. This may be done by conserving natural recreation and open sites such as the ocean, dunes, beaches, estuaries, wetlands, woodlands, and floodplains. Additionally, the ecological balance of wildlife and plant communities should be protected and preserved. Alternative means such as land banking, public acquisition, tax policy, police power, and other appro- priate means will be investigated to accomplish the above purposes. Policy 14: Cultural Opportunities Consistent with a balanced community concept, the City recognizes the need for, and should encourage the development of, a variety of both active and passive cultural activities. The activities should complement existing and proposed regional cultural amenities. Policy 15: Urban Design The City should insure a pleasant visual environment by encouraging an orderly transition of height, density, scale and arrangement of buildings to preserve the identity of each element as well as the cohesion of the whole. Neighborhood, community, and regional identity and unity should be fostered by promoting the coordination of building groupings. Additionally, it should be the City policy to preserve and protect objects, structures, and places of historical and cul- tural significance while concomitantly protecting distinct functional areas, communities, and districts from intrusion and encroachment of incompatible uses. 3 Policy 16: Equitable P ogram Funding The programs necessary to support City policies should be funded through an equitable system of taxation, user charges and other financial mechanisms. 4 A presentation was made by Mr. Charles C. Carrington, Director of the City Plaiining Department, on the Inte "'an" d Growth Policies. o provide rim gT. These policies are intended t z, f.,.Ut n for the Task Forces developinent of appropriate strategies for a managed growth program. The legal problems involved in tile implementation of the program were discussed and explained by @ir. Jay A. Richardson, Assistant City Attorney. @,lr. Michael Wortley, Urban Planner, elaborated on the items contained in the preseiitation, a copy of wliich ds on file in the Office of the City Clerk. City Council received tlie presentation for study and review. ITEM #67@)7 On motion by Councilman Isdell, seconded by Councilman Malbon, and by recorded vote as follows: Councilffan Holland having indicated verbally by teleplione tliat he would give his written consent. Ayes: Counciliiien John A. Baum, Robert H. Callis, Jr., Mayor Robert i3. Cromwell, Jr., Vice Mayor F. Reid Ervin, (3eorge R. Ferrell, Cliarles W. Gardner, Garland L. Isdell, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. ilays: None Absent: Councilman Clarence A. Holland City Council agreed to consider other items of immediate importance. ITEM #67@)8 Upon reassembling in the Council Cliambers at 11:30 a.m., a roll call indicated tiie following Councilmen were present: John A. Baum, Robert H. Callis, Jr., i\layor Robert B. Cromwell, Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, 7 Garland L. Isdell, D. Murray Malbon, i, (lurtis Payne, and Floyd E. IVaterfield, Jr. Absent: Councilman Clarence A. liollan(I ITEM #6799 Councilman Waterfield indicated that he believed that City Council should take all steps necessary to contact the proper authorities to assure the City that there would be a sufficient gasoline supply. @layor Cromwell agreed with Councilman Waterfield, but indicated that he felt the effect could be realized by combined action of the political subdivisions in the Tidewater area acting in concert. Councilman Callis then made the following motion, which was seconded by Councilman Waterfield: Resolved, that the General Assembly of Virginia act to give the Governor au- thority to act to take care of the wel- fare of this area, and safety and @,lealth of tlie citizens of the Commonwealth. Mayor Cromwell indicated that the Governor presently had the power to act as indicated in the motion, and suggested that the motion be reworded as follows: Resolved, that the General Asseinbly of Virginia grant to the Governor author- ity to undertake measures to assure that a sufficient supply of petroleum products such as gasoline, fuel and heating oil be made available to the citilens of the Commonwealth to assure their health, safety and welfare. The recorded vote is as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mavor F. Reid Ervin, George R. Ferrell, I Charles W. Gardner, Garland L. Isdell, D. Murray Malbon, J. Curtis Payiie, and Fioyd E. Waterfield, Jr. Nays: None Absent: Councilman Clarence A. Holland ITEM #6800 Vice Mayor Ervin noted that the Council had informally discussed seeking a new petroleum products allocation based upon the 1973 requirements rather than the 1972 requirements, and suggested area wide cooperation in seeking new .,Ilotments. ITEM #6801 On iiiotion by Councilman Payne, seconded by Vice Mayor Ervin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid llrvin, George R. Ferrell, Charles W. Gardner, Garland L. Isdell, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. @@ays: None Absent: Councilman Clarence A. HollaDd City Council adopted the following Resolution and ditected the City Clerk to send same to all gasoline dealers within the City: Requested by: City Manager A meeting of the Council of the City of Virginia Beach, Virginia was held in tfie Council Chambers on the 15th day of February 1971t. On motion by Mr. Payne aiid seconded by Mr. Ervin the following resolution was adopted. R E S 0 L U T I 0 N WIIEREAS, the City of Virginia Beach is now experiencing a gasoline shortage; and WIIEF,EAS, public transportation is not sufficient to meet the need, of the residents of the City of Virginia Beach; and WiiERE@S, operating hours of gasoline retailers has been sharply curtailed due to the unavailability of gasoline; and WHEREAS, lines of automobiles attempting to purchase gasoline endanger the free flow of traffic on many streets within the City: THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACTI, VIRGINIA: 1. Tliat in or(ler to secure and promote the general welfare, safety, peace and good order of the inhabitants of the City of Virginia Beach gas 014 ne purchasers and gasoline retailers are i-equested to co.,nply voluntarily with the "Oregon Plan." a. Retailers will sell gasoline to purchasers on even days of the month only to those purchasers whose license plate ending digit i!3 ,An even number. The digit "O" is designated as an even number. b. Retailers will sell gasoline to purchasers on odd days of the mont:b only to those purchasers whose license plate ending digit i,-, an old nilmber. C. Retailers will sell gasoline to any purchaser on Saturdays. d. Purchasers are requested to only purchase gasoline if their tanlzs are less than one-half full. ITEM #68o2 Councilinan Isdell noted that niany of tiie service personnel, having been unable to obtain gasoline in the i@lilitary bases, which they normally patronize, were placing an additional burden on the normal civilian supplies. This should be considered in any revision of the gasoline allotments. ITEM #6803 Oil mot@on by Councilman Ferrell, seconded by Councilman Gardner. and by clamation, Council adjou c I City Cler R yor