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AUGUST 28, 1990 MINUTES "f NTiir"-ii-ii--A "WORLD'S LARGEST RESORT CITY" CITY COUNCIL -- -- E. O@E@WRF, A@ U, .C@ FEI-, UBA S ,C,@NAN, P@@- 1.@, Nlll,l K II-ER 11.1.,, Wll,l,l@M . SESS@.@ JR, 11 "II -11 1.11NIi I-RFI I ..... CITY COUNCIL AGENDA .-@IPII IEII E@ 'IRI;INII .I@, 11@@- 11@ll 1.@-I l@SIIE L IJI@IFI, Cil, @Ul H HODGI.$ 8.1111 -I-E, .1, @l@l AUGUST 28, 1990 ITEM 1. CITY MANAGERIS BRIEFING - Conference Room - 4:00 PM A. ENVIRONMENTAL MANAGEMENT WORK PROGRAM H. Clayton Bernick 111, Director, Environmental Management ITEM 11. COUNCIL CONFERENCE SESSION - Conference Roorn - 4:30 PM A. CITY COUNCIL CONCERNS ITEM Ill. D I N N E R - Conference Room - 5:00 PM ITEM IV. INFORMAL SESSION - Conference Room - 5:15 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Larry Edwards Chaplain, Daytona Beach Police Department C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - August 21, 1990 G. PRESENTATIONS 1. LABOR DAY COMMUNITY COORDINATION COMMITTEE Andrew S. Flne, Co-Chair Dr. Harrison B. Wlison, Co-Chair 2. GOVERNMENT FINANCE OFFICERS ASSOCIATION Certificate of Achievement for Excellence H. PUBLIC HEARING 1. PROPOSED INCREASE IN TOTAL SCHOOL CAFETERIA ENTERPRISE FUND 1. ORDINANCES 1. Ordinance, upon FIRST READING, to APPROPRIATE $12,892,316 for the FY 1990-91 School Cafeteria Enterprise Fund Budget. 2. Ordinances, upon SECOND READING: a. To ACCEPT and APPROPRIATE $129,296 in SHARE Intervention Program funds; authorize the City Manager to execute a grant agreement with the State Department of Housing and Coiwnunity Development; and, further, execute a contract with the Planning Council to administer such funds. b. To ACCEPT and APPROPRIATE $75,142 in donations from private sources and the Commonwealth of Virginia for program support of the Virginia Beach Court Appointed Special Advocate (CASA) Program. 3. Ordinance to TRANSFER $240,000 frorn Project 2-823 Salem Canal Improvements re design of drainage projects in the Oceana Gardens West, Rosemont Road-Windsor Woods, Salem Road and Princess Anne Plaza areas. 4. Ordinance authorizing tax refunds In the amount of $4,763.83. J. PUBLIC HEARING 1. PLANNING BY CONSENT a. Application of 1. REESE SMITH for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirefnents of the City Zoning Ordinance on the South side of Broad Bay Road, 300 feet more or less East of Great Neck Road (LYNNHAVEN BOROUGH). Recommendation: WITHDRAWAL b. Application of RICHARD C. FENTRESS for a Variance to Section 4.4(m) of the Subdivision Ordlnance which requires right-of-way widths for minor streets, serving commercial property, be a minimum of 60 feet in width and have a minimum pavement section of 36 feet at 5020 Virginia Beach Boulevard (BAYSIDE BOROUGH). Recornmendation: APPROVAL 2. PLANNING a. REQUEST of GWENDOLYN L. DODSON FOR RECONSIDERATION of Condition Nwnber Two in the June 13, 1988, APPROVED Application ot RONALD W. and GWENDOLYN L. DODSON for a Conditional Use Permit for a home ocoupation (printtnq) at 1658 Kempsville Road (KEMPSVILLE BOROUIH ). Recommendation: APPROVAL b. Application of DALLAS NORMAN of WITCHDUCK LAKE ENTERPRFSES for a Conditional Zoning Classification from R-7.5 Residential Di tr ct to A-1, tern terminus of Wi-rcriduck Court, containing 15.6 acres (BAYSIDE BOROUGH). DEFERRED: December 11, 1989 and August 14, 1990. Recommendation: APPROVAL c. Petition of HARRY SANDLER for the discontinuance, closure and abandonment of a portion of Jett Street beginning at the Southern boundary of Shore Drive and running In a Southerly direction a distance of 330.64 feet more or less, containing 18,687 square feet (LYNNHAVEN BOROUGH). DEFERRED: June 25, 1990 Recommendation: APPROVAL d. Appl ication of PECK IRON AND METAL CO., INC. for a Change of Zoninq District Classification frorn R-10 Residential District to B-2 Community-Business Disfrict a the Southwest corner of Lynnhaven Parkway and Salem Road, containing 15.82 acres (KEMPSVILLE BOROUGH). Recofnmendation: WITHDRAWAL e. Application of MARSHA-LYNN BUILDING CORP. for Conditional Zoning Classiftcation from B-2 Community Business District to A For-th side of South 1 dependence Boulevard, 300 feet West of Salem Road, containing 4.403 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL f. Applications of BP OIL CO. DIVISION OF SOHIO OIL CO. for Conditional Use Permits: Automobile service station and car wash In conjunction with a convenience store at the Northwest corner ynnhaven Par and Pleasant Valley Road (2401 Lynnhaven Parkway), containing 35,980.56 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL AND, Gasoline station and car wash In con th a con,.ni.nc. store at the S6u-theast corner of P@,unncctsronAnwn'e Road and Elson Green Avenue, containing 44,100 square feet (PRINCESS ANNE BOROUGH). REFERRED TO PLANNING COMMISSION: January 8, 1990 Recommendation: DENIAL 9. Appl ication of WILLIAM DRINKWATER for a Change of Zoning District Classification from R-5D Residenti ict t, on Lot 2 and 1 2 of 55$ Virginia Beach Development Co. (500 23rd Street), containing 7,150 square feet (VIRGINIA BEACH BOROUGH). Recommendation: DENIAL h. Application of ROBERT L. RIDDLE for a Variance to Section 4.4(b) of the Subdivfsion Ordinance which Fequi-res all lots created by subdivision meet all requirements of the Zoning Ordinance at the Northwest extremity of Rylands Road (BAYSIDE BOROUGH). Recommendation: DENIAL 1. Petition of CITY OF VIRGINIA BEACH for the discontinuance closure and abandonment of a portion of nl Beach R @d b ginning at the Northern boundary of Vr a 0 22nd Street and ru" ni ,g In a Westerly direction a distance of 339 feet more or less, containing 12,304 square feet (LYNNHAVEN BC)ROUGH). Recommendation: APPROVAL K. APPOINTMENTS DEVELOPMENT AUTHORITY PARKS AND RECREATION COMMISSION L. UNFINISHED BUSINESS M. NEW BUSINESS 1. Resolution establishing a Financial Review Cornmittee to be composed of thirteen members who shal I report to the City Council on a regular basis and file a final report no later than April 1, 1991. (Sponsored by Councilman Paul J. Lanteigne) N. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED SEF'TEMBER 11, 1990 2:00 Pm CANCELLED VIRGINIA MUNICIPAL LEAGUE DECEMBER 6, 1990 2:00 PM Reschedule of December 4 NATIONAL LEAGUE OF CITIES (All Sessions of City council are now held weekly on Tuesday) 8/23/90 lbs - 13 - Item V-F. 1. MINUTES ITEM # 33410 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 28, 1990. Councilwoman Parker referenced ITEM # 33386, Page 33 ORDINANCE UPON APPLICATION OF BP OIL CO., DIVISION OF SOHIO OIL COMPANY FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION AND A CAR WASH TN CONJUNCTION WITH A CONVENIENCE STORE R08901330 With reference to Condition 5: The applicant shall comply with the architectural rendering displayed during the City Council Session of August 28, 1990. Councilwoman Parker advised although the rendering was made a part of the proceedings, she wished clarification as this was the second rendering displayed by the applicant. A color photograph has been made a part of the record. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Flarold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None M I N U T E S VIRGINIA BEACH CITY COUNCIL Virgillia 13cacll, virginin August 28, 1990 The COUNCIL CONFER CE SE order bY Mayor Meyera E. h UN EN SSION of the VIRGINIA BEACH CITY COCitCyILHalls Ballldidnt. on Tuesday, August 28, Oberndorf in t 0 Conference Roo,, 1990, at 4:oo P.M. Council Members Present- John A. Baum, James W. Brazier, Jr. , Robert W. Clyburn, Vice Mayor Robe,t E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. S-essoms, Jr. Council Members Absent: None - 2 - I T E M S 0 F T H E C I T Y M A N A G E R ITEM # 33351 The City Manager distributed a booklet entitied: "State Regulations on Water Wells". Said Information is hereby made a part of the record. A Meeting of "well diggers" Is SCHEDULED for Wednesday, August 29, 1990, 7:30 P.M. at the Lake Wright Motel . The City Manager wi I I request representatives of the State Health Department, as wel I as the City attend to respond to the citizens' inquiries. Mayor Oberndorf advised citizens had expressed concerns relative the possibli ity of being prohibited from util izing their underground Irrigation systems. If there were another drought, would not the City prefer the citizens to use the wells to water their lawns and wash their cars rather than City water. The City Manager will have City staff monitor the State Public Hearings Advertisements, which are not always listed in the LEGAL SECTION to be assured of representation on matters which might affect the City. Clayton Bernick Ill - Director, Environmental Management, advised these regulations were adopted by the State Health Board through the Public Hearing process utilizing the State's Administrative Procedures Act. These regulations become effective September First. ITEM # 33352 Councilman Jones referenced the application of RICHARD C. FENTRESS for a Variance to Section 4.4(m) of the Subdivision Ordinance which requires right- of-way widths for minor streets, serving commercial property, be a minimum of 60 feet In width and have a minimum pavement section of 36 feet at 5020 Virginia Beach Boulevard (BAYSIDE BOROUGH). (See Item J.l.b. under PLANNING BY CONSENT). Councilman Jones inquired whether there were plans to widen Dorset Avenue. The City Manager will provide Information prior to the Formal Session. ITEM # 33353 Councilman Lanteigne referenced the application of BP OIL CO. DIVISION OF SOHIO OIL CO. for Conditional Use Permit for a Gasoline station and car wash in conjunction with a convenience store at the Southeast corner of Princess Anne Road and Elson Green Avenue, containing 44,100 square feet (PRINCESS ANNE BOROUGH).(See Item V-2.f.(b) of the PLANNING AGENDA). As the majority of the concerns related to traffic, Councilman Lanteigne requested a City representative from Traffic Engineering be In attendance. - 3 - C I T Y M A N A G E R IS B R I E F I N G ENVIRONMENTAL MANAGEMENT WORK PROGRAM 4:00 P.M. ITEM 33354 H. Clayton Bernick, I I 1, Director Environmental Management, distributed copies of his report entitied "SHORT-RANGE WORK PROGRAM". Said Information Is hereby made a part of the record. EXISTING OFFICE ORGANIZATION OFFICE OF ENVIRONMENTAL MANAGEMENT Director of Environmental Mangement H. Clayton Bernick, Ill Executive Secretary Donna B. Johnston Environmental Programs Coordinator Mary R. Morris IDENTIFIED TASKS AND WORK SCHEDULE SUMMARY September 1990 Complete Phase I of Natural Areas Inventory September 1990 Chesapeake Bay Preservation Program - Complete Phase I of lmplementatlon. October 1990 Environmental Hotline - Implementation of 24- Hour Phone Line. October 1990 Begin Phase 11 of Natural Areas Inventory November 1990 Erosion and Sediment Control Task Force Report complete; Briefings to key staff and City Council. November 1990 Environmental Information Program - Environmental Information Coordinator Position Filled. Novefnber 1990 Environmental Strategic Planning Process - Initiate Process and Organize Committees. March 1991 Scenic Waterways Task Force Report Complete Briefings to key staff and City Council. August 1991 Deliver First Annual Report on the Environment to City Council August 1991 Environmental Strategic Planning Process - Conclude Process and Present Draft Plan September 1991 Chesapeake Bay Preservation Program - Complete Phase 11 of Implementation September 1991 Complete Phase 11 of Natural Areas Inventory October 1991 Begin Phase Ill (Final Phase) of Natural Areas Inventory. August 1992 Deliver Second Annual Report on the Environment to City Council. September 1992 Complete Natural Areas Inventory, Briefings to key staff and City Council - 4 - C I T Y M A N A G E R 'S B R I E F I N G ENVIRONMENTAL MANAGEMENT WORK PROGRAM ITEM # 33354 (Continued) The Chesapeake Bay Preservation Act requires local ities adopt a program to Implement the State regulations by September 20, 1990. Localities are directed to adopt an ordinance and a set of maps Identifying Chesapeake Bay Preservation Areas. A ten-month effort of a twenty member committee of City staff chaired by Mary Morris of the Environmental Management Office has been underway to develop the City's Chesapeake Bay Preservation Program. The Ordinance will set forth a program meeting the performance criteria established In the state regulations. The standards call for achieving a seventy-five percent (75%) sediment reduction and forty percent (40%) nutrient reduction for each lot through the establishment of buffer areas and the submittal of detailed site plans for development review approval. A budget proposal for required Implementation resources Is tentatively scheduled for presentation to City Council on September Eighteenth. The State has provided $25,000 In grant assistance to the City to help Implement this Program. Any party aggrieved by a decision rendered under the ordinance may appeal or request a variance frorn the regulations In cases of hardship. The Wetlands Board could serve a dual purpose rather than another Council-appointive agency to oversee compliance. The State regulations require, by September 20, 1991, each locality must have its Comprehensive Plan and other City ordinances conform to the requirements of the Chesapeake Bay Preservation Area Act. Amendments to ordinances are currently scheduled to be completed by September 20, 1990. On October 23, 1989, the City executed a contract with Virginia Natural Heritage Program relative a study of natural areas within the City of Virginia a Beach. The costs and schedule of the study are as follows: Phase I October 23, 1989 - September 30, 1990 $13,867 Phase 11 October 1, 1990 - September 30, 1991 40,582 Phase Ill October 1, 1991 - September 30, 1992 29,272 $83,721 The Office has applied and anticipates approval of a grant of $20,000 from the Coastal Management Grant Program to offset the cost of Phase 11. A grant natch of $20,582 wi I I be needed to meet al I operating costs for Phase I I of the study. Grant funding shall also be pursued to help offset costs for Phase Ill. The Office of Environmental Management proposes to Institute a 24-hour, 7 days a week Environmental Hotline. This phone line would be unmanned and allow citizens to leave recorded messages for office staff or other City staff, as appropriate, to follow-up during normal working hours. Ultimate plans call for expansion of the hotline to provide pre-recorded messages on specific Issues of environmental Interest or concern for touch tone telephone users. The Office of Environmental Management proposes to lnitlate an Annual Report on the Environment, beginning In August 1991. This report is Intended to provide a summary to the City Council and the citizens of the City In three major areas: 1. Progress In achieving policies, objectives and Implementation actions contained In the Environmental Strategic Plan; 2. Updated Information on environmental legal decisions, trends or Issues which may warrant revisions to the Strategic Plan; and, 3. The state of the City's environment In general program and policy areas. The report will be a compllation and Interpretation of Information that should form the basis for environmental policy-making in the City. As such, It wi I I allow the City Council to reassess its commitment to both existing environmental programs and emerglng environmental issues. - 5 - C I T Y M A N A G E R IS B R I E F I N G ENVIRONMENTAL MANAGEMENT WORK PROGRAM ITEM # 33354 (Continued) The Office of Environmental Management secured a 1988 grant award of $13,000 ($3,000 City share) for a study to evaluate the City's Erosion and Sediment Control Program. An Erosion and Sediment Control Task Force chaired by Mary Morri s of the Env I ronmental Management Of f ice, was formed In December of 1988 to develop a scope of work. A contract to undertake the evaluation was awarded to Smith, Demer and Normann In June 1989. The contract focused efforts on evaluation of the City's organizational framework for administering the Erosion and Sediment Control Program. A final report was issued by the consultants In November 1989. In December 1989, the Task Force met to discuss the report recommendations. The full Task Force mat In February 1990 and organized Into three subcommittees to develop reports on the fire Issues. The subcommittees met several times during March thru May. Memorandums outlining the recommendations of two of the subcommittees have been received and were discussed with the full committee In April 1990. A final report will be Issued once all subcommittee reports are completed. Relative Environmental Grants, since Its Inception, the Office of Environmental Management has secured a total of $135,000 In funding for environmental research projects and to supplement the City's environmental program's administrative costs. The Scenic Waterways Program is the first locally developed water trail system In the Commonwealth and consists of six segments designated by City Council action: Back Bay, Broad Bay/Linkhorn Bay, North Landing River, Lynnhaven River, North Bay Loop and West Neck Creek. The Highway Inspections Division ot the Public Works Department annually cleans and clears the Lynnhaven-West Neck - North Landing segments before the annual Trans-Virglnia Beach canoe race. A committee has contracted Roy Mann and Associates to develop a land-use plan for recently acquired City property adjacent to part of the West Neck Creek segment. Additionally, the Departrnent's Strategic Plan addresses certain aspects of the City's Scenic Waterways System. Funding for the Scenic Waterways Prograrn was Included In the City's current Capital Improvement Program budget. A total of $250,000 was appropriated through FYI 89-90. The current balance on the account Is $181,000. An addltional $200,000 has been approved by Council for FY'90-91. Another $2.5-MILLION has been recommended in the CIP over the next 10 years for a total allocation of approximately $3-MILLION. The Issues relating to Wetlands Managernent Strategy are critical Issues facing the overall health and vitality of the City. The City has had a tidal wetlands management program In place since 1972, built upon State enabling legislation. On the other hand, nontidal wetlands are currently under the domain of the Federal government from a wetlands management prospective. The Office of Environmental Management, in conjunction with the Agriculture Department, is closely monitoring the ever-changing nontidal wetlands management Issue, both at the Federal level where activity Is most intense at present, as well as at the State level where activity has been largely sidelined for the past two years. It Is apparent, however, that some specific types of nontidal wetland areas of clear function and value, from both an ecological and an economic perspective, are not currently receiving the kinds of local wetlands management whlch are most desirable for the City. These areas con5ist of bottomland hardwood swamps and freshwater marshes. Such nontidal wetland areas have demonstrated wetlands values and functions as wildlife habitat, flood buffers, nutrient and sediment traps, wildlife nursery areas and water quality purifiers. Environmental Mangement wi 11 be working closely with the Agriculture Department to develop a local Wetlands Management Program for these types of nontidal wetlands, while pressing for a more rational and defensible nontidal wetlands management strategy at the State and Federal levels for other nontidal wetlands areas. - 6 - C I T Y M A N A G E R IS B R I E F I N G ENVIRONMENTAL MANAGEMENT WORK PROGRAM ITEM # 33354 (Continued) The Office of Environmental Mangement has served as a focal point for the collection and dissemination of a wide range of Environmental information. Mr. Bernick cited the methods of increasing the efficient transmittal of accurate environmental Information: Newspaper articles/inserts/press releases on a routine basis Utility blll/property assessment Information Inserts. Cable 29 environmental program series Water quality brochure for homeowners Beam articles/column on a routine basis Development of an environmental education curriculum with School Board adapted to local Issues for Grades K-12 Expanded public information reference files with Public Libraries Expansion of environmental hotline with pre-recorded messages on selected topics. Local opinion surveys Student essay or other project contest with scholarships or awards presented by City Council. Most environmentally sound development of the year awards presented by City Council. Speakers series Video/slide presentations Environmental Information data on City public access computer system. Compliation of environmental data base In conjunction with Planning Department and Mapping Bureau. Relative an Environmental Assessment Program, the City Is Increasingly in need of reliable environmental Information as it relates to the development feasibility of public projects such as schcols, roads and other public facilities. It Is desirable that an In-house capability be organized to perform preliminary assessments of environmental constraints or opportunlties afforded by such public projects as early In the planning stages as possible. There Is Increasing evidence of the desirability of establishing a Centralized Environmental Monitoring and Training program within the City. Mr. Bernick displayed photographs depicting the "wet" wetlands and the "drier" wetlands. The first photograph Illustrated areas along West Neck Creek, the Municipal Center Complex, the City Garage area, Vo-Tech Center and North Landing Elementary School (extensive areas which have not been cleared for agricultural purposes In the past). As one gets closer to the canal of West Neck Creekthere Is a change In the texture which corresponds with the areas that are bottomland, hardwood swamp. The areas that adjoin exhibit less and less of the wetlands characteristic, depicting wooded areas or open field areas. The other photograph was taken further north with Kellam High School, the Oceana Runways, Green Run and Tidewater Community College. 7 C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 33355 CouncII man Lanteig ne referenced the Reso l ution establ [sh]ng a Flnanclal Revlew Committee to be composed of thirteen mernbers who shal I report to the City Council on a regular basis and file a final report no later than April 1, 1991. (See Item V-M.1 under NEW BUSINESS). Councilman Lanteigne requested this Item be WITHDRAWN from the Agenda until further Information Is provlded by the City Manager. ITEM # 33356 Councilman Brazier referenced the Resolution requiring Council Approval for the expendlture of City Funds in excess of $10,000 for Festivals, Parades and Related Events, which he distributed to Members of City Council. Councilman Brazier is requesting additional Information before said Resolution Is SCHEDULED on the City Council Agenda. ITEM # 33357 With reference to LABORFEST, Councilman Brazier advised whenever a Council Member appears on the scene they represent security problems, specifically In a street situation. If a Council Member Is present, they should be very aware of the times they appear. Between the hours of 5:00 P.M. and 5:00 A.M. are referred to as prime time for occurrences. From the prospectlve of the staff, when a Council person appears, hardship Is created by those trying to do their job. Councilman Lanteigne advised whenever a higher authority Is present, there Is a perception in the minds of those in charge of sorneone looklng over their shoulder. The City Council needs to be assured there Is no question relative policy but they should not want to get in the way of the Staff performing their day-to-day operation. Mayor Oberndorf Interpreted the Memorandum of the City Manager to infer If a Council Member desires to visit the Pavilion, or the Visitors Information Center they have the prlvllege and the information was provided to make this easier. There was no reference to "command post" or "decision making position". Mayor Oberndorf advised she will be attending the LABORFEST PARADE, Saturday - September 1, 1990, sponsored by NORFOLK STATE UNIVERSITY. Mayor Oberndorf will be utilizing the Press Room in the PAVILION established by the Staff. Mayor Oberndorf will not make any administrative or strategic decisions. Councilman Clyburn advised he would be available should his presence be desired and was confident of the success of LABORFEST. Councilwoman Parker advised her presence at last year's LABOR DAY EVENT and she Intended to be In attendance assisting with the Courtesy Patrol during LABORFEST. Councilwoman Parker did not Intend to Interfere with police business. Councilwoman Parker believes the weekend will be successful. ITEM # 33358 Councilwoman McClanan Inquired whether there would be discussion relative the 1990 census figures. The City Manager has requested the City Staff prepare detailed comparisons between data available and the figures shown In individual areas. The census figures are of vital importance as It not only affects representation In many governmental bodies, but financial formulas. A Briefing will be SCHEDULED for the City Council Session of September 4, 1990. - 8 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 33359 Counc II man Baum expressed concern re]ativ e the ]nv l tation to Counc i I Members for photographs by AUFENGER STUDIO. These photographs woul d be ut IIIzed In a TIDEWATER CITY COUNCIL DISPLAY. There is a cost involved. ITEM # 33360 Councilman Clyburn advised of the meeting relative the Tallwood School last night, August 27, 1990. The residents were still dissatisfied with the location of the school; however, the School Board has no other alternative. The Environmental Protection Agency has not advised relative the approval of the site. ITEM # 33361 Councilwofnan Parker referenced the Memorandum from the City Manager relative the request of the School Board for access off Princess Anne Road for Landstown Elementary and Middle Schools. Councilwoman McClanan advised she had requested the City Attorney to draft an Ordinance reflecting the City's Policy limiting the number of curb cuts on Princess Anne Road. The City Manager advised the MASTER STREET and HiGiWAY PLAN Is the document utilized and still shows Princess Anne Road as a controlled access road. It City Council desires to deviate from this Plan, he must be advised. BY CONSENSUS of City Council, the City Manager will SCHEDULE for the City Council Session of September 4, 1990, a Resolution denoting the City's Policy of Princess Anne Road remaining a controlled access road. ITEM # 33362 Councilwoman Parker requested updates on the Reserve for Contingency Fund as there have been additional requests. Councilwoman Parker believed the Shelter was requesting a grant of $50,000. ITEM # 33363 Councilwoman Parker also requested the current status on the City's Wish List and the tax Implications of said projects, If completed within certain periods of times. ITEM # 33364 Councilwoman Parker referenced the "report card" frorn Moody's concerning the City's financial health relative debt service. This has been beneficial relative the Capital Improveinent Program. - 9 - ITEM # 33365 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf In the Conference Ro-, City Hal I Bul Iding, on Tuesday, August 28, 1990, at 5:30 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr.$ Robert W. Clyburn, VIce Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None - 10 - ITEM # 33366 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of appointment of specific appointees pursuant to Section 2.1-344(A) (1). To-wit: Appointments - Boards and Commissions as listed in the Formal Agenda. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or probable litigation or other specific legal matters are the following: (1) E. S. G. Enterprises, Inc., et al v. City of Virginia Beach (2) John M. Grandfield v. Aubrey Watts. Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 11 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL August 28, 1990 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION ot the VIRGINIA BEACH CITY COUNC] L In the CouncII Chambers, City HAII BuIIdi ng, on Tuesday, August 28, 1990, at 6:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Council Member William D. Sessoms, Jr. had to leave prior to the Formal Session due to a family commitment. INVOCATION: Reverend Larry Edwards Chaplain, Daytona Beach Police Departrnent PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 12 - Item V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 33367 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawful ly exempted from open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were Identified In the motion convenlng the Executive Sesslon were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. 12a tit CERTIFICATION OF EXECUTIVE SESSION VTRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 33366 Page No. 10, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. City Clerk August 28, 1990 - 13 - Item Y-F. 1. MINUTES ITEM # 33368 Upon motion by Vice Mayor Fentress, seconded by Counc! Iman Jones, City Counci I APPROVED the Minutes of INFORMAL AND FORMAL SESSIONS of August 21, 1990, AS CORRECTED: Page 47, ITEM # 33342 Ordinance to AMEND and REORDAIN Article 4, Section 401(a) of the City Zonlng Ordinance re use regulations for repair of agricultural equipment In the AG-1 and AG-2 Agricultural Districts. The Correct Vote was 9-1 NOT 10-0. Councilwoman Nancy K. Parker voted NAY not AYE. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: William D. Sessoms, Jr. Councilwc,man McClanan ABSTAINED as she was not In attendance during the City Council Session of August 21, 1990. - 14 - item V-F.2 INTRODUCTION ITEM # 33369 Mayor Oberndorf Introduced the following Boy ScOuts In attendance for the City Council Session: Troop No. 407 Aaron Bulger Troop 65 (Foundary United Methodist Church) Kerry Sipe, Scout Master Kent Slater Conok Sipe Shawn Machen David Fox Brett Mathews Mike Gurdziel Steve Craig Craig Reed 1 5 Item V-G. 1 PRESENTATIONS ITEM # 33370 LABOR DAY COMMUNITY COORDINATION COMMITTEE Andrew S. Fine Co-Chair of the LABOR DAY COMMUNITY COORDINATION C"ITTEE, expressed appreciation to City Council for their support and confidence throughout the process. With the assistance of the City's magnificent staff, Norfolk State University, the Police Department, the Volunteers and the LDCCC, their efforts will be crowned with success - a peaceful, 5afe and fun filled weekend. Councilman Lanteigne referenced the Special Events Permit and cited page 2 advising Norfolk State University is encouraged to provide the plan In which the Vendors and Volunteers will be allowed to enter and exit. Councilman Lanteigne inquired whether this had been accomplished. The City Manager will respond. In response to Councilman Lanteigne, relative the Redwing Park being secured by 30 NSU Off Icers during the hours of 7:30 A.M. to 7:30 P.M. and then 40 NSU officers from 7:30 P.M. to 7:30 A.M, the City Manager will provide Information. These officers will be covered under the Inter-City Agreements. - 16 - Item V-G.2. PRESENTATION ITEM # 33371 GOVERNMENT FINANCE OFFICERS ASSOCIATION Mayor Oberndorf presented the CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING to: City of Virginia Beach Giles G. Dodd Assistant City Manager for Administration The Certificate of Achievement Is the highest form of recognition In governmental accounting and financial reporting and Its attainment represents a significant accomplishment by a government and Its management. - 17 - Item V-H. 1. PUBLIC HEARING ITEM # 33372 Mayor Oberndorf DECLARED a PUBLIC HEARING: PROPOSED INCREASE IN TOTAL SCHOOL CAFETERIA ENTERPRISE FUND There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. - 18 - item V-1.1- ORDINANCE ITEM # 33373 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council APPROVED, upon FIRST READING: Ordinance to APPROPRIATE $12,892,316 for the FY 1990-91 School Cafeteria Enterprise Fund Budget. Voting: 9-1 Council Members Voting Aye: John A. BaLon, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Reba S. McCianan Council Members Absent: William D. Sessorns, Jr. - 18a - I AN ORDINANCE TO APPROPRLATE FUNDS OF 2 $12,892,316 FOR THE Fy 1990-91 SCHOOL 3 CAFETERIA ENTERPRISE FUND BUDGET 4 WHEREAS, the Attorney General of Virginia has opined that School Board 5 expenditures of funds generated by the sale of cafeteria meals require an 6 appropriation of the local governing body; 7 WHEREAS, the Virginia Beach School Board has a cafeteria meal program 8 whereby meal income is deposited in a cafeteria enterprise fund and purchases 9 of food and other related expenses are paid from this fund; 10 11 WHEREAS, the School Board has submitted a Cafeteria Ent@erprise F'und budget 12 for FY 1990-91 in order to comply with the Attorney General's opinioln; 13 WHEREAS, the Cafeteria Enterprise Fund budget approved by the School Boar,i 14 included total revenues of $12,892,316 and total disbursements of $12,892,316 15 for fiscal year 1990-91. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA that funds in the amount of $12,892,316 be appropriated for a 18 School Cafeteria Enterprise Fund budget in the manner approved by the School 19 Board. 20 BE IT FURTHER ORDAINED that this appropriation be financed by Estimated 21 Revenues of $12,892,316 in the School Cafeteria Enterprise Fund. 22 This ordinance shall be effective from the date of its adoption. 23 Adopted by the Council of the City of Virginia Beach, Virginia on the 24 day of 1990. 25 FIRST READING: August 28, 1990 26 SECOND READING: 27 PWC WPl/oRD250 - 19 - Item V-1.2.a. ORDINANCES ITEM # 33374 Upon motion by Councliman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED upon SECOND READING: Ordinance to ACCEPT and APPROPRIATE $129,296 In SHARE Intervention Program funds; authorize the City Manager to execute a grant agreement with the State Department of Housing and Community Development; and, further, execute a contract with the Planning Council to administer such funds. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vlce Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. Item 1.2.a. and 1.2.b. were voted upon In ONE MOTION. - ',9a - ORDINANCE TO ACCEPT AND APPROPRIATE $129,296 IN SHARE - HOMELESS INTERVENTION FUNDS AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND TO SUBCONTRACT THE ADMINISTRATION OF SUCH FUNDS WHEREAS, the Commonwealth of Virginia Department of Housing and Community Development has notified the City of an award of $129,296 in SHARE - Romeless Intervention Program funds, and WHEREAS, assistance is needed to effectively and adequately address the housing needs of homeless t)ersons and to help prevent homelessness in the City of Virginia Beach; and WHEREAS, the Department of Housing and Neighborhood Preservation has negotiated a contract with the Planning Council, Inc., to carry out the program for which funds are appropriated, and WHgREAS, Aubrey V. Watts, Jr., City Manager can act on behalf of the City of Virginia Beach and will execute all necessary documents required to complete the grant transaction, NOW, THEREFORE, BE IT ORDAINED THAT the Council of the City of Virginia Beach, Virginia hereby appropriates $129,296 for the purposes of carrying out a Homeless Intervention Program and increases revenue from the Commonwealth in that amount; AND BE IT FURTHER ORDAINED that the City Manager is authorized to accept the grant and enter into a Grant Agreement with the State Department of Housing and Community Development and perform any and all responsibilities in relation to such Agreement; and is further authorized to execute a contract with the Planning Council to administer such funds. Adopted by Council this _28 day of ugust 1990. APPROVED AS TO CONTENTS: @4, Ma rector De nt of Housing and NeigAborhood Preservation APPROVED AS TO FORM: i_e z(ncy FIRST READING:. August 21, 1990 SECOND READING: August 28, 1990 - 20 - Item V-1.2.b. ORDINANCES ITEM # 33375 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED upon SECOND READING: Ordinance to ACCEPT and APPROPRIATE $75,142 in donations from private sources and the Commonwealth of Virginia for program support of the Virginia Beach Court Appointed Special Advocate (CASA) Program. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lantelgne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. lteTn 1.2.a. and 1.2.b. were voted upon In ONE MOTION. - 20a - 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $75,142 2 IN DONATIONS FROM PRIVATE SOURCES AIND THE 3 COIJMONWEALTH OF VIRGINIA FOR THE PROGRAM SUPPORT OF THE 4 VIRGINIA BEACH COURT APPOINTED SPECIAL ADVOCATE PROGRAM 5 WHEREAS, the Virginia Beach Court Appointed Special Advocate (CASA) 6 Program, which was begun as a pilot program, has proven to be an important 7 component of juvenile services for certain abused children and their families; 8 WHEREAS, the judges of the Virginia Beach Juvenile and Domestic Relations 9 Court have encouraged continuation of this program and staff has pursued various 10 grants to ensure program continuation; 11 WHEREAS, a grant commitment of up to $30,142 has been provided by the 12 Victims of Crime Act (VOCA) through tbe Commonwealth's Department of Social 13 Services for use in compensating program staff in providing non-fund raising 14 service with the local match required by the VOCA grant to be provided through 15 the use of other grants received for the CASA program; 16 WHEREAS, other grant coimnitments in the amounts of: $10,000 from Gwathmey .17 Foundation, $10,000 from the Wareheim Foundation, and $25,000 from the Virginia 18 Law Foundation have been received for the CASA program. 19 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 20 BEACH, VIRGINIA, that grants totaling $75,142 from the Commonwealth and private 21 foundations as noted below be accepted and appropriated for the program support 22 of the Virginia Beach Court Appointed Special Advocate Program: 23 Commonwealth's Victims of Crime Act $ 30,142 24 Gwathmey Foundation 10,000 25 Wareheim Foundation 10,000 26 Virginia Law Foundation 25,000 27 TOTAL $ 75@142 28 BE IT FURTHER ORDAINED, that Estimated revenue from the Commonwealth and 29 from private donations be increased by a total of $75,142. 30 This ordinance shall be effective from the date of its adoption. 31 Adopted by the Council of the City of Virginia Beach, Virginia on 32 28 day of August 1990. 33 First Reading August 21, 1990 34 Second Reading August 28, 1990 - 21 - Item V-1.3. ORDINANCES ITEM # 33376 Upon motion by Vice Mayor Fentress, seconded by Counci lman Clyburn, City Counci I ADOFITED: ordinance to TRANSFER $240,000 from Project 2-823 Salem Canal Improvements re design of drainage projects in the Oceana Gardens West, Rosemont Road-Windsor Woods, Salem Road and Princess Anne Plaza areas. Voting: 10-0 Council Members Voting Aye: John A. Batin, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. -2la- 1 AN ORDINANCE TO TRANSFER @240,000 FROM 2 PROJECT 2-823 SALEM CANAL IMPROVEMENTS 3 FOR THE DESIGN OF DRAINAGE PROJECTS IN THE 4 OCEANA CARDENS WEST, ROSEMONT ROAD-WINDSOR WOODS, 5 SALEM ROAD, AND PRINCESS ANNE PIAZA AREAS 6 WHEREAS, the City Stormwater Management Study has identified projects 7 needed to relieve continued flooding in areas of the city including four 8 projects in the Oceana Gardens West, Rosemont Road-Windsor Woods, Salem Road, 9 and Princess Anne Plaza Areas; 10 WHEREAS, the four projects mentioned above are included in the Capital 11 Improvement Program and are all scheduled to receive initial funding from the 12 1990 issue of general obligation bonds subject to Council authorization; 13 WHEREAS, in order to proceed with design services and avoid delays for 14 the four project areas, the Public Works Department has recommended that a total 15 of $240,000 be transferred from project 2-823 Salem Canal Improvements with 16 funds to be replaced as needed upon the availability of the 1990 general 17 obligation bonds. 18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 19 VIRCINIA BEACH, VIRCINIA: That funds in the amount of $240,000 are hereby 20 transferred as shown below to proceed with design services for the following 21 four projects: 22 Transfer To: 23 Project 2-960 Oceana Gardens West Drainage $ 60,000 24 Project 2-115 Rosemont Road-Windsor Woods Drainage 60,000 25 Project 2-116 Salem Road Culvert Improvement 60,000 26 Project 2-114 Princess Anne Plaza Drainage-Phase II 60,000 27 Transfer From: 28 Project 2-823 Salem Canal Improvements $ 240_000 29 This ordinance shall be effective on the date of its adoption. 30 Adopted by the Council of the City of Virginia Beach, Virginia on the 31 28 day of August 1990. - 22 - item V-1.4- ORDINANCES ITEM # 33377 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing tax refunds In the amount of $4,763.83 upon appi ication of certain persons and upon certification of the City Treasurer for payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 22a - 8/6/90 EMC RM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty int. Total Year of Tax Number ti on No. P. id Life Savings Bank 90 RE(1/2) 54613-7 12/5/89 196.76 Life Savings Bank 90 RE(1/2) 54614-6 12/5/89 195.88 Life Savings Bank 90 RE(1/2) 54615-5 12/5/89 198.32 Life Savings Bank 90 RE(1/2) 54616-4 12/5/89 198.32 Life Savings Bank 90 RE(1/2) 54617-3 12/5/89 195.88 Life Savings Bank 90 RE(1/2) 54618-2 12/5/89 196.76 Life Savings Bank 90 RE(1/2) 54619-1 12/5/89 197.69 Woods Edge Associates 90 RE(1/2) 125125-6 11/29/89 24.43 t@loods Edge Associates 90 RE(2/2) 125125-6 5/25/90 24.43 Life Savings Bank 90 RE(1/2) 7127-4 12/5/89 634.94 Life Savings Bank 90 RE(2/2) 7127-4 6/5/90 634.94 James Alnorva 90 RE(1/2) 55224-5 12/5/80, 47.63 James Alnorva 90 RE(2/2) 55224-5 6/5/90 47.63 Joseph & Martha V. Holloman 90 RE(1/2) 51598-2 12/5/89 42.75 Joseph & Martha V. Holloman 90 RE(2/2) 51598-2 5/31/90 42.75 Rawls Habel & Ra@,qls 90 RE(2/2) 70022-8 7/11/90 1,494.83 Standard Federal S & L 90 RE(1/2) 62641-6 12/1/89 24.43 Standard Federal S & L 90 RE(2/2) 62641-6 5/31/90 24.43 Crestar flortgage Corp 90 RE(1/2) 25674-3 12/1/89 6.35 Crestar Mortgage Corp 90 RE(2/2) 25674-3 6/5/90 6.35 First Union Mortgage Corp 90 RE(1/2) 19259-9 12/1/89 114.80 First Union Mortgage Corp 90 RE(2/2) 19259-9 5/31/90 114.80 Croshaw Siegal Beale etal 90 RE(2/2) 34591-5 7/30/90 28.73 Betty Jim Fuller N/A Pkng 319158 7/24/90 50.00 Diana 14 Fehlhaber N/A Pkng 319005 6/12/90 15.00 Lara E Rogers @@l/A Pkng 254038 6/29/90 5.00 Total 4,763.83 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Cl $4,763.83 were approved by the Council of the City of Virginia Beach on the 28 day of St, 1.990 Jc Approved as to form: Ruth Hodges Smith City Clerk Le.l,e L Llly, Cty I I - 23 - item V-J.1/2 PUBLIC HEARING ITEM # 33378 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT (a) 1. REESE SMITH VARIANCE (b) RICHARD C. FENTRESS VARIANCE PLANNING (a) GWENDOLYN L. DODSON RECONSIDERATION Condition Number Two 6/3/88 CUP (b) DALLAS NORMAN of CONDITIONAL ZONING WITCHDUCK LAKE ENTERPRISES (c) HARRY SANDLER STREET CLOSURE (d) PECK IRON AND METAL CO.,INC. CHANGE OF ZONING DISTRICT (e) MARSHA-LYNN BUILDING CORPORATION CONDITIONAL ZONING (f) BP OIL COMPANY CONDITIONAL USE PERMITS DIVISION OF SOHIO OIL COMPANY (g) WILLIAM DRINKWATER CHANGE OF ZONING (h) ROBERT L. RIDDLE VARIANCE (1) CITY OF VIRGINIA BEACH STREET CLOSURE - 24 - Item V-J.l.a. PUBLIC HEARING ITEM # 33379 PLANNING BY CONSENT Upon motion by Councilman Brazier, seconded by Vice Mayor Fentress, City Council ALLOWED WITHDRAWAL of the application of 1. REESE SMITH for a Variance to Section 4.4(b) of the Subdivision Ordinance: Application of 1. Reese Smith for a Variance to Section 4.4(b) of the Subdivision Ordinance. The property is located on the south side of Broad Bay Road, 300 feet more or less east of Great Neck Road. More detailed information is available In the Departrnent of Planning. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Councll Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 25 - Item V-J.l.b. PUBLIC HEARING ITEM # 33380 PLANNING BY CONSENT Greg Dodd, 164 South George Washington Highway, Phone: 487-4535, was in attendance to respond to Council inquiries. Upon motion by Councilman Louis Jones, seconded by Councilman Heischober, City Council APPROVED the application of RICHARD C. FENTRESS for a Variance to Section 4.4(m) of the Subdivision Ordinance: Appeal from Decisions of Administrative Officers In regard to certain elements of the Subdivision Ordinance, Subdivision for Richard C. Fentress. Property Is located at 5020 Virginia Beach Boulevard. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 26 - Item V-J.2.a PUBLIC HEARING ITEM # 33381 PLANNING Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentress, City Council APPROVED the REQUEST of GWENDOLYN L. DODSON to revise the conditions Imposed June 13, 1988, In the APPROVED application of RONALD W. AND GWENDOLYN L. DODSON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RONALD W. & GWENDOLYN L. DODSON FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (PRINTING) R06881147 Ordinance upon application of Ronald W. & Gwendolyn L. Dodson for a Conditional Use Permit for a home occupation (printing) on the east side of Kempsville Road, 670 feet more or I ess south of Albright Drive. Said parcel Is located at 1658 Kempsville Road and contains 1.36 acres. Plats with more detailed Information are available in the Department of Planning. KEMPSVILE BOROUGH. The City Council WAIVED Condition No. 2. and restated Condition No. 4 as administrative approval had been GRANTED on May 22, 1990, to extend the Conditional Use for an additional two years. The following AMENDED conditions shal I be required: 1. Al I work Is conf lned to the Interior of the garage located on the subject site. 2. No outside storage of any product relating to the home occupation will be allowed. 3. Approval is extended for an additional two (2) years as per the letter dated May 22, 1990. Voting: 9-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Reba S. McClanan Council Members Absent: William D. Sessoms, Jr. - 27 - Item V-J.2.b PUBLIC HEARING ITEM # 33382 PLANNING Attorney R. J. Nutter, 11, 4425 Corporation Lane, Phone: 671-6000, represented the applicant Upon motion by Councilman Jones, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of DALLAS NORMAN of WITCHDUCK LAKE ENTERPRISES for a Conditional Zoning Classification: ORDINANCE UPON APPLICATION OF DALLAS NORMAN OF WITCHDUCK LAKE ENTERPRISES FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-7.5 TO A-12 Z08901290 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Dallas Norman of Witchduck Lake Enterprises for a Conditional Zoning Classification from R-7.5 Residential District to A-12 Apartment District on certain property located at the western terminus of Witchduck Court. The parcel contains 15.6 acres. Plats with more detailed Information are available In the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required; 1. An agreement encompassing amended proffers shall be recorded with the Clerk of the Circuit Court and Is hereby made a part of the proceedings. 2. The applicant shall cornply with the proposed rendering of the development 3. A copy of the letter from Dallas V. Norman, Jr., President of Witchduck Lake Enterprises, Inc., requesting Ron Walsh, President of Witchduck Lake Ski Club, ask the ski club members to refrain from using the lake prior to 7:00 AM and after dusk, shall be made a part of the record. This Ordinance shall be effective In accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth of August, Nlneteen Hundred and Ninety, Voting: 9-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Voting Nay: Nancy K. Parker Council Members Absent: William D. Sessoms, Jr. - 27a THIS AGREEMENT, made this day of June, 1990, by and between WITCHDUCK LAKE ENTERPRISES, INC., a virginia Corporation (hereinafter Grantor), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Conunonwealth of Virginia (hereinafter referred to as Grantee). W I T N E S S E T H : WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, virginia, by petition of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's property from R- 7.5 (Residential) to A-12 (Multi-Family Residential), on certain property containing a total of 14.6 acres of which 3 acres is high land, more or less, in the Bayside Borough, in the City of Virginia Beach, virginia, more particularly described in the attached Exhibit A. WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including multi-family purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the compet- ing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject property and at the same time to recognize the ef- fects of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the 27b - community that are not generally applicable to land similarly zoned A-12 are needed to cope with the situation which the Grantor's rezoning application gives rise to; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the existing A-12 zoning district by the existing Comprehensive Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the clerk's of- fice of the Circuit Court of the City of virginia beach, Virginia, and executed by the record owner of the subject 2 - 27c property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia,. Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantor, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of cruid Pro auo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenants running with the said property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other succes- sors in interest or title, namely: 1. Grantor shall receive density credit for only the 3-acre portion of the Property which is high ground and the density for this area shall not exceed 32 units. 3 27d 2. The Property shall be developed in conjunction with the balance of the adjacent land owned by Grantor that is currently zoned A-12, substantially as shown on the Preliminary Site Plan filed with Grantor's rezoning applica- tion entitled "Preliminary Site Plan For Witchduck Lake Enterprises", revised 8/30/89, Bayside Borough, Virginia Beach, Virginia, and substantially as shown on the rendering dated April 5, 1990, attached hereto as Exhibit B or as modified to allow for three story units with attached garages. 3. Grantor shall dedicate an easement for drainage and retention purposes to the City of Virginia Beach to ac- commodate the City's existing run off and drainage running into and over the lake from a southerly direction and from Witchduck Court. Said easement shall be dedicated to the City prior to development of the Property. Said easement is intended to legally authorize the current level of drainage into and retention within the aforesaid lake by the City of Virginia Beach and does not authorize third parties to drain into the lake that are not already doing so via pre-existing City easements. Nothing contained herein shall preclude or prevent gr.antor from reserving unto itself or from granting to third parties similar interests in and to the lake. 4. Grantor will install ungrouted rip rap with filter fabric for any outfalls required by the Grantee for the development of Grantor's property as shown on the site plane referenced in Paragraph 2 hereof so as to prevent 4 - 27e scouring and sedimentation around such outfall location(s) into the lake. 5. Grantor shall minimize the impact on existing trees on the property and shall remove only such trees that are reasonably necessary to accommodate construction of the multi-family units, the accessory uses, parking and drive isles, and utility and drainage facilities. 6. All references to the A-12 District and any requirements and regulations applicable thereto refer to the Comprehensive Zoning ordinance of the city of Virginia Beach, Virginia in force as of June 16, 1989, which is by referenced incorporated herein. 7. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the city of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such condi- tions, including mandatory or prohibitory injunction, abate- ment, damages or other appropriate action, suit or proceed- ings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the 5 27f - Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shown by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in tlie office of the Zoning Administrator and in the Planning Department and that they Shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals: WITCHDUCK LAKE ENTERPRISES, INC., B ident STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (Ij Subscribed and sworn to before me this @@r. Iday of June, 1990 by Dallas V. Norman, President for Witchduck Lake Enterprises, Inc. Notary My Commission Expires: sks/docs/witch 6 - 27g - EXHIBIT A ALL THAT certain tract, piece or parcel of land, with the appurtenances thereunto belonging, lying, situate and being in the Bayside Borough of the City of Virginia Beach, virginia, and being inore particularly bounded and described as follows, to-wit: COMMENCING at the southwestern corner of Witchduck Road and Witchduck Court, thence from said intersection S74'58133"E a distance of 593.82' to the point of beginning, thence from said point of beginning S29'31144"W a distance of 292.191 to a point, thence S87'18122"E a distance of 85.96' to a point, thence S66*18122"E a distance of 428.641 to a point, thence S6'4613211 a distance of 23.9 feet plus or minus to a point; thence turning in a westerly direction along an arc with a radius of 9001; an arc distance of 341.931 to a point; thence turning in a southerly direction N38'20100"E a distance of 277.161 to a point; thence N55'00100"E a distance of 3001 to a point; thence N88'00100"E a distance of 3001 plus or minus; said point being the furthermost boundary of the proximate location of the A-12 zoning district; along said line N65'53101"W a distance of 1,219.711 plus or minor to a point; thence N72'50121"W a distance of 1901 to a point; thence turning in a northerly direction Sll'37141"W a distance of 416.081 to the point of beginning. IT BEING a portion of the same property conveyed to Witchduck Lake Enterprises, Inc. from Jamar Enterprises, Ltd. by deed dated June 30, 1988 and recorded in the Virginia Beach Circuit Court Clerk's Office in Deed Book 2747 at Page 842. 7 27h 13 u, August 28, 1990 27i - WITCHDUCK LAKE ENT., INC. 535 WARRICK ROAD CHESAPEAKE, VIRGINIA 23320 August 15, 1990 Attn: Ron Walsh - President witchduck Lake Ski Club Dear Ron: Due to complaints from surrounding neighborhoods, please advise the ski club members to refrain from using the lake prior to 7:00 A.M. and after dusk. Your help in this matter would be greatly appreciated. Sincerely, Dallas V. Norman, Jr. President witchduck Lake Ent., Inc. - 28 - Item V-J.2.c PUBLIC HEARING ITEM # 33383 PLANNING Attorney John Richardson, 3330 Pacitic Avenue, Phone: 422-4700 Upon motion by Councilman Brazier, seconded by Councilman Heischober, City Council APPROVED, subject to compliance of conditions by February 26, 1991, the petition of HARRY SANDLER for the discontinuance, closure and abandonment of a portion of Jetty Street: Application of Harry Sandler for the discontinuance, closure and abandonment of a portion of Jetty Street beginning at the southern boundary of Shore Drive and running in a southerly direction a distance of 330.64 feet more or less. Said parcel contains 18,687 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. It appears that the applicant owns the underlying fee for the right-of-way proposed for closure and purchase from the City will not be required. This Is subject to certification by the City Attorney's Office. 2. Resubdivision of the property and vacation of Internal lot lines Is required to Incorporate the closed area Into adjoining parcels, as well as to ensure that all lots have access to a public street. 3. The applicant Is responsible for making arrangements to accommodate any non-municipal utilities which may be located In the right-of-way proposed for closure. 4. A 15-foot pedestrian and bicycle easement Is required along the eastern portion of the right- of-way proposed for closure, running from Shore Drive to Cape Henry Drive. 5. The applicant shall submit a revised ordinance closing the right-of-way to the City Attorney's Office. The redraft shall Include a "save and except" clause for the pedestrian and bicycle easement required by condition #4. 6. Any right-of-way required for the ultimate improvements to Shore Drive shall not be closed. The applicant shall work with Public Works Engineering during detailed subdivision review to make this determination. 7. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council (February 26, 1991). - 29 - Item V-J.2.c PUBLIC HEARING ITEM # 33383 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold fleischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 30 - Item V-J.2.d PUBLIC HEARING ITEM # 33384 PLANNING Elliott Young, 211 Carlisle Way, Norfolk, Phone: 624-1240, represented Peck Iron and the Overhold Trust and requested WITHDRAWAL of the application Lee Barnes, owner and resident of the smaller tract of land contained in the application. Mr. Barnes requested amendment of the application and referral back to the Planning Commission of his 1.02 acres for consideration for Change of Zoning. Upon motion by Councilman Clyburn, seconded by Councilman Jones, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of PECK IRON AND METAL CO., INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF PECK IRON AND METAL CO., INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 TO B-2 Ordinance upon application of Peck Iron and Metal Co., Inc. for a Change of Zoning District Classification from R-10 Residential District to B-2 Community-Business District on certain property located at the southwest corner of Lynnhaven Parkway and Salem Road. Said parcel contains 15.82 acres. More detailed information is available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold fleischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 31 - Item V-J.2.e PUBLIC HEARING ITEM # 33385 PLANNING Attorney R. J. Nutter, 11, 4425 Corporation Lane, Phone: 671-6000, represented the applicant Warren Manning, Project Engineer with Talbot and Associates Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of MARSHA-LYNN BUILDING CORPORATION for a Conditional Zoning Classification: ORDINANCE UPON APPLICATION OF MARSHA-LYNN BUILDING CORPORATION FOR A CONDITIONAL ZONING CLASSIFICATION Z08901291 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Marsha-Lynn Building Corporation for a Conditional Zoning Classification frorn B-2 Community-Business District to A-18 Apartment District on certain property located on the north side of South Independence Boulevard, 300 feet more or less west of Salem Road. This parcel contains 4.403 acres. KEMPSVILLE BOROUGH. The following condition shall be required: Agreement encompassing proffers with the fol lowing amendments shal I be recorded with the Clerk of the Circuit Court: a. Proffer #1 is deleted. Development shal I be 12.7 unlts per acre with a maximum of 56 unit5. These changes shall be reflected on a revised site plan as shown to Planning Commission on August 8, 1990. b. Proffer #2 as submitted (limit the point of ingress and egress from Independence Boulevard). c. The site plan proffered In condition #3 shall be amended to reflect the changes shown to the Planning Commission on August 8, 1990. One eight- plex building was removed for a total of 56 units or 12.7 units per acre. This Ordlnance shall be effective In accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth of August, Nineteen Hundred and Ninety. - 32 - Item V-J.2.e PUBLIC HEARING ITEM # 33385 (Continued) PLANNING Voting: 5-4 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober and Paul J. Lanteigne Council Members Voting Nay: James W. Brazier, Jr., Reba S. McCianan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Abstalning: Louis R. Jones Council Members Absent: William D. Sessoms, Jr. *Councilman Jones ABSTAINED and disclosed pursuant to Section 2.1-639.18 of the Code of Virginia of 1950, as amended, otherwise known as the State and Local Conflict of Interest Act, of the Code of Virginia, he has contracted to purchase property on Salem Road In excess of $10,000. Said property is separated from the Marsha-Lynn application by one piece of property and Salem Road. Letter from Commonwealth's Attorney Robert J. Humphreys of August 28, 1990, Is hereby made a part of the record. 804 427 964(- --4 -,-.90 ll:(D-' No.00--, P. ,-LO ATT @@i; . P-EACH TEL C,4-4 @o LT GO OFFICE OF THE COMMONWEALTH'S ATTORNEY CITY OF VIRGINIA BEACii ROBERT J. 14UMP14REYS MUNICIPAL GENTER VIR(31NIA BEACIA, VIRGINIA 23456-Do,'o (804) 427-4401 August 28,1990 Tlie Honorable LoLiis R. Joncs CA)uncilman 1008 Witch Point Trail Virginia @@ ch, Virginia 23455 RE: SLAte and Local Conflict of Interest Act Dear Counciliiiati Jones: You have requested my opinion pursuant to .42.1-639.18 of the Code of Virginia of 1950, as amended, otherwise known as tlie, State and L<)cal Conflict of Interest Act ca-)ncerning the applicatioii of that act to a rezoning application st)ught by Marsha-Lynn Development Company presently schcduled to be c(3nsidered by the City Council on August 28, 1990. 'I'he pertineiit facts applicable to this opini()n as I understand them are that the property which is the subject c)f tlie Marsha-Lyiin application is locatld a short distance from property you iecently contracted to purchase on Salem Road. Ilie Marsha-Lynn property is located on Indcpend(-nce Bc)ulevai-d near tlie interseciion of Salem Road ind is separated frc)m the property you have coiitracted to purchase by one pi@ of prc)pei,ty and Salem Road itself. Fcir the pui-poses of this opinion, I am also assuming that the purchas(- pric-- yoll liave coiitracted to pay for the prc)perty located on Salcm Roaci is in (--x(;ess of $10,000.00. As a Councilman, you are an officer of the City of Virginia Beach as defined by SS2.1-639.2 c)f the Stite and @cal Conilict of Interest Act ar)d tlie answer to the qucstion you have posed tums on whvther or not you have a personal interest in the Marsha-Lynn transactic)n as defined by SS2.1-639.2 of the state code. The first issue to be dealt with is whether c)r iiot it is rcasonably foreseeable that you would realize a direct or indircut benefit or detrin)ent as a result of the Marsha-Lynn property being re7oned. Given the pr()ximity of the property whil:h is the subject of the rezoning application to the property you liave rccenlly contract(-d to purcliase, I bclicvc that any reasonable mati would conclud(,- 804 427 9647 Rug cil, 1,1o . C,02 F, D, Clil @TTY. BE@I:H TEL:' 0 4 - 9 CD 4 7 Page 2 'ne Bc)norable Louis R. Jones August 28, 1990 that the prc)pcriy sought to be purchased by you would either diTectlY of in(lirectly suff(-r a benerit or detriiiieiit as a result of the rvzc)ning. It is thereforc my opinion that you do have a persaiial interest in the rczoning application transactic)n. lbe next question to be answered is wbetber OT nc)t, notwithstanding your personal interest in this tratisaction, you inay disclose this personal intcrest and vote pursuant to SS2.1-639.11(2) which wc)uld perrnit you to participate in the transaction after disclosurc of your personal interest if you are ,.. . a member of a business, prof@sion, occupation c)r group the members of which are affeetcd by tbe transaction . . @.' So the remaining question to be dccided is whether or not your personal interest in this transaction falls within that exccptioll. The Conflict of Intercst Act does not indicate bow large the "group" has to be in order t() sufficiently attenuate the personal interest so as not to require disquahrication. In my opinioii, and as I have rulcd previously in other similar situations, ihe context of that exception and tlie use of the word "group" by the General Assembly in the same sentence with "business," "profession," and "c)ccupation" in rny judgment clearly impli(--S the inicnt of the General Assembly to require that a rather I,,irge number of people be involved in a class of which the public officer is a member. The General Assembly has also mandated that the Statc and Local Conflict of Interest Act be liberally ca)nstrued t() acu)mplish its stat(,-d purp(3se in assuring that the judgment of public officers not be comproinised by inappropriate conflicts. Given that as a background, it is therefore my opinion that the group of property owners similarly sittiated to Marsha-Lynn and to which you would belong following the closing on the property you have contracted to purchase is not sufficiently large as to effectiv@ly attenuate your personal intere-st in this transaction. Therefore, I do not believe that mere disclosure of y()ur personal interest would p(,rmit you to vcite in tbis matter. If you have any other questions or require any amplifj'cation of this opinion, please don't hesitate to cont,.ict me. Rjli.jas ce, U-slic L. Lilley, City Attorney 32a MARSHA LYNN PRELIMINARY SIT Fo, PARCEL L REVISED PLAN AS SHOWN TO PLANNING COMMISSION ON 8/8/90 - 32b CilL@ C),f INTER-OFFICE CORRESPONVENCE In Reply Refer To Our File No. CA-90-3793 DATE: August 28, 1990 TO: Leslie L. Lilley DEPT: City Attorney FROM: Gary L. Fentres DEPT: City Attorney RE: Marsha Lynn Building Corporation B-2 to A-18 Proffer Agreement Council Action Date: August 28, 1990 Enclosed please find a copy of the proffer agreement which has been submitted by the referenced applicant which has been revised in accordance with the action taken by the Planning Commission on this application. The proffer is acceptable as to legal form. GLF/dhh Enclosure - 32c THIS AGREEMENT, made thi- day of August, 1990, by and between MARSHA LYNN BUILDING CORPORATION, a virginia Corporation, and R.G. MOORE BUILDING CORP., a virginia corporation, (hereinafter collectively Grantor), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Com- monwealth of Virginia (hereinafter referred to as Grantee). W I T N E S S E T H WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of virginia Beach, virginia, by peti- tion of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's property from B-2 (Com- mercial) to A-18 (Multi-Family Residential), on certain property containing a total of 4.403 acres, more or less, in the Kempsville Borough, of the City of Virginia Beach, Virginia, nore particularly described in the attached Exhibit A hereinafter the Property. WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including multi-family residential purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject property and at the same time to recognize the effects of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing - 32d the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A- 18 are needed to cope with the situation which the Grantorl- rezoning application gives rise to; and WHEREAS, the Grantor has voluntarily proffered in writ- ing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the existing A-18 zoning district by the existing Comprehensive Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amend- ment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Of- fice of the Circuit Court of the City of Virginia beach, -2- - 32e Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantor, for themselves, their suc- cessors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exac- tion from the Grantee or its governing body and without any element of compulsion of auid Pro auo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restric- tions as to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other succes- sors in interest or title, namely: 1. No more than 56 units shall be constructed on the Property. -3- - 32f 2. The point of ingress and egress from Independence Boulevard to the Property, shall be as shown on the subdivi- sion plat for the Property which has previously been recorded in the Clerk's Office of the Circuit Court for the City of Virginia in Deed Book 2709 at page 2205. 3. The Property shall be developed substantially as shown on the preliminary site plan entitled "Preliminary Site Plan For Parcel L", Sheet 2 of 2, dated May 23, 1990, revised August 15, 1990, prepared by Talbot and Associates, Ltd., displayed before the City council and on file with the City of Virginia Beach. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such condi- tions, including mandatory or prohibitory injunction, abate- ment, damages or other appropriate action, suit or proceed- ings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition to the governing body for the review -4- - 32g thereof prior to instituting proceedings in court; and (4) the Zoning Map shown by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recotded in the Clerk's office of the circuit court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals: MARSHA LYNN BUILDING CORPORATION By: Doi es dent R.G. MOORE BUILDING CORP. By: -5- - 32h STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me this Z171L day of August, 1990 by Donald Moore, President of MARSHA LYNN BUILDING CORPORATION. N6tary Publir my commission Expires: 9( Subscribed and sworn to bef.re me thi.,@t4 day of August, 1990 by R.G. Mo t of R.G. MOORE BUILDING CORP. c My Commis n Expire 7/0 lql sll/docs/proffers -6- - 32i EXHIBIT A ALL THAT certain tract, piece or parcel of land, with the appurtenances thereunto, belonging, lying, situate and being in the Kempsville Borough of the City of Virginia Beach, virginia, and being more particularly bounded and described as follows, to-wit: All that certain parcel of land with G. Pin No. 1475-82-7387 described as "Parcel L" on that certain plat entitled "SUBDIVISION OF PARCELS I, J, K, N AND L GLENWOOD AND RIGHT-OF-WAY HEREBY DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA", dated January 8, 1988, recorded in Deed Book 2709 at pages 2204 through 2209, said parcel containing 4.403 acres, more or less. IT BEING a portion of the same property conveyed to R.G. Moore Building Corp. from Kempsville Lake No. 1. Partnership by deed recorded in the Virginia Beach Circuit Court Clerk's Office in Deed Book 2481 at page 1847 and corrected in Deed Book 2489 at page 1220. -7- 33 - Item V-J.2.f PUBLIC HEARING ITEM # 33386 PLANNING Attorney Howard W. Martin, Jr., 16540 Sovran Bank, Phone: 623-3000 Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of BP OIL, DIVISION OF SOHIO OIL COMPANY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BP OIL CO., DIVISION OF SOHIO OIL COMPANY FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION AND A CAR WASH TN CONJUNCTION WITH A CONVENIENCE STORE R08901330 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINTA BEACH, VIRGINIA Ordinance upon application of BP Oil Co., Division of Sohio Oil Company, for a Conditional Use Permit for an automobile service station and a car wash in conjunction with a convenience store at the northwest corner of Lynnhaven Parkway and Pleasant Valley Road. Said parcel is located at 2401 Lynnhaven Parkway and contains 35,980.56 square feet. Plats with more detailed information are available in the Department of Planning. KEMSPVILLE BOROUGH. The following conditions shall be required: 1. Tn accordance with the City's Master Street and Highway Plan, a right-of-way reservation is required along the entire Pleasant Valley Road frontage, to provide for an ultimate four (4) lane undivided highway with a bikeway. Approximately seven (7) feet of reservation is required. 2. The Lynnhaven Parkway entrance shall be located as close as possible to the western property line to provide for a full 12-foot lane for those vehicles entering the subject site. 3. The final site plan must be revised to show an area reserved for the location and construction of a detention and/or infiltration BMP facility. Infiltration trenches located underneath pavement shall not be allowed. 4. Parking will be as approved by the City Staff. 5. The applicant shall comply with architectural rendering displayed during the City Council Session of August 28, 1990. 6. The signs shall comply with and not exceed the square footage and height of the sign ordinance and shall be monument type utilizing white/gray brick as support for the signs. Council Lady Reba McClanan shall review the plans for the signs. - 34 - Item V-J.2.f(a) PUBLIC HEARING ITEM # 33386 (Continued) PLANNING This Ordinance shal I be effective In accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth of August, Nineteen Hundred and Ninety. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McC]anan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. 34a August 28, 1990 - 35 - item V-J.2.f(b) PUBLIC HEARING ITEM # 33387 PLANNING Attorney Howard W. Martin, Jr., 16540 Sovran Bank, Phone: 623-3000 Larry Davis, BP Oil in Cleveland Allan H. Williams, 2516 Elson Green Court, Phone: 721-7361, represented the Redmill Farm Civic Association, expressed concerns relative traffic safety. A stop sign or traffic light Is needed at the Intersection of Princess Anne and Elson Green. Mr. Wlillams would also like a stop sign at Painter's Lane and a traffic sign as the traffic progresses to Sandbridge. Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City Council DEFERRED until the City Council Session of September 25, 1990, an Ordinance upon appl lcation of BP OIL COMPANY DIVISION OF SOHIO OIL COMPANY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BP OIL COMPANY DIVISION OF SOHIO OIL COMPANY FOR A CONDITIONAL USE PERMIT FOR A GASOLINE STATION AND CAR WASH IN CONJUNCTION WITH A CONVENIENCE STORE Ordinance upon application of BP Oil Company, Division of Sohio Oil Company for a Conditional Use Permit for a gasoline station and car wash In conjunction with a convenience store at the southeast corner of Princess Anne Road and Elson Green Avenue. Said parcel contains 44,100 square feet. More detailed Information Is available In the Department of Planning. PRINCESS ANNE BOROUGH. The City Staff will present a Briefing concernlng the overall circulation plan of the entire area. The staff will address the status of Upton Drive. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 36 - item V-J.2-g- PUBLIC HEARING ITEM # 33388 PLANNING Counc II woman Parker advised of the con f I Icting opin ions rendered by former Cornmonwealth's Attorney Paul Sclortino and present Commonwealth's Attorney Robert Humphreys concerning her ability to participate In the Drinkwater application. Councilwoman Parker Is requesting a review of these opinions by Attorney General Mary Sue Terry pursuant to Virginia Code Section 2.1-639.33. As the oplnion will not be rendered for approximately 30 days, Councilwoman Parker requested DEFERRAL of the application. Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council DEFERRED until the City Council Session of September 25, 1990, an Ordinance upon application of WILLIAM DRINKWATER for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF WILLIAM DRINKWATER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO 0-1 Ordinance upon application of William Drinkwater for a Change of Zoning District Classification from R-5D Residential Duplex District to 0-1 Office District on Lot 2 and 1/2 of Lot 4, Block 55, Virginia Beach Development Company. Said parcel is located at 500 23rd Street and contains 7150 square feet. VIRGINIA BEACH BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W, Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent: William D. Sessoms, Jr. Councilwoman Parker ABSTAINED due to the conflicting opinions concerning her ability to participate In the Drinkwater application. @ity, C>f NANCY K. PARKER 604 GOLDSBORO AVENUE COUNCILWOMAN VIRGINIA BEACH, VIRGINIA 23451 AT-LARGE (804) 426-1589 AuguSt 24, 1990 The Honorable Meyera E. oberndorf, Mayor, Members of City Council Municipal Center Virginia Beach, Virginia 23456 Dear Mayor Oberndorf & Members of Council: Re: Drinkwater Application - Council Docket on August 28, 1990 Due to the conflicting opinions rendered by former Commonwealth's Attorney Paul sciortino and present Cormnonwealth's Attorney Robert Humphreys concerning my ability to participate in the Drinkwater application, I am requesting a review of these opinions by Attorney General Mary Sue Terry pursuant to Virginia Code SS 2.1-639.23. As I am informed that this opinion will not be rendered for approximately 30 days, I respectfully request that the Drinkwater application be deferred until such time as the opinion is available. Thank you for your consideration of this matter. Very truly yours, 14an@ K. P rker councilmember NKP/Clb cc: WilliaM Drinkwater Moody Stallings, Jr., Esquire Aubrey V. Watts, Jr., City Manager Ruth Hodges Smith, City Clerk - 37 - Item V-J.2.h. PUBLIC HEARING ITEM # 33389 PLANNING The following spoke in SUPPORT of the application: Attorney Charles M. Salle', 192 Ballard Court, Phone: 490-3000, represented the applicant Neal E. Overmire, 1432 Maharis Road, Phone: 460-0170, represented the Lakeview Park Civic League Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council APPROVED the application of ROBERT L. RIDDLE for a Variance to Sections 4.4(b), 4.1(m) and 5.5(a) of the Subdivision Ordinance. Appeal from Decisions of Administative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Robert L. Riddle. Property is located at the northwestern extremity of Rylands Road. BAYSIDE BOROUGH. The variances to Sections 4.1(m) and 5.5(a) can be reviewed administratively by the Director of Public Works. Only the variance to Section 4.4(b) regarding lot width requirements requires City Council action. The following conditions shall be required: 1. The developer shall provide easements, deed restrictions or other appropriate measures to p otect a shoreline buffer defined as the ten-foot c@ntour. The buffer area shall be seventy-five (75) feet on Lots 1,2 5 and 6 and fifty (50) feet on Lots 3 and 4, landward of the ten-foot contour. 2. A tree protection plan for the entire subdivision shall be submitted with the construction plans. The developer shall consult with the City Arborist prior to any land disturbing activities. 3. The proposed cul-de-sac shall be relocated off the 19-foot contour line. 4. The developer shall submit, with the subdivision construction plan, site-specific BMP (infiltration) plans which will apply to all future home construction. 5. The developer shall provide deed restrictions and covenants that restrict all forms of shoreline hardening other than toe rip rap protection. - 38 - Item V-J.2.h. PUBLIC HEARING ITEM # 33389 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 39 - item V-J.2.i. PUBLIC HEARING ITEM # 33390 PLANNING Re l ativ e th Is appII cation, the Cl ty Clerk adv i sed the square tootage f Igure In the advertisement contained in the Virginia Beach Sun on August 15, 1990, was transposed and should read 12,403 square feet rather than 12,304 square feet. Upon motion by Councilman Brazier, seconded by Councilman Heischober, City Council APPROVED, subject to compliance of conditions by February 26, 1991, the petition of the CITY OF VIRGINIA BEACH, VIRGINIA, for the discontinuance closure and abandonment of a portion of Old Virginia Beach Road: Application of the City of Virginia Beach, Virginia, for the discontinuance, closure and abandonment of a portion of Old Virginia Beach Road beglnning at the northern boundary of 22nd Street and running In a westerly direction a distance of 339 feet more or less. Said parcel contains 12,403 square feet. More detailed Information Is available In the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. An appropriate turn-around will be provlded If deemed necessary by the City Engineer 2. The applicant Is required to resubdivide the property and vacate internal lot lines to Incorporate the closed area Into adjoining parcels, as well as, to ensure that all lots have access to a public street. 3. The dedication of a 15-foot utility easement centered over the existing water and sewer facilities located within the portion of right-of- way proposed for closure will be required. 4. The ordinance closing the right-of-way shall be revised to include a "save and except" clause for the utility easement referenced In condition Number 3. 5. The applicant is responsible for making arrangements to accommodate any non-municipal utilities which may be located In the right-of-way proposed for closure. 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. (February 26, 1991). - 40 - Item V-J.2.i. PUBLIC HEARING ITEM # 33390 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 41 - Item V-K. 1. APPOINTMENTS ITEM # 33391 BY CONSENSUS, City Council REMOVED FROM THE AGENDA APPOINTMENTS: DEVELOPMENT AUTHORITY - 42 - Item V-K.2. APPOINTMENTS ITEM # 33392 Upon NOMINATION by Vice Mayor Fentress, City Council: PARKS AND RECREATION COMMISSION REAPPOINTED. Diane Horsley Donald Lee Clifton N. Strickland AND, APPOINTED: Dan Brockwell Three Year Terms: 9/1/90 - 8/31/93 Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. - 43 - Item V-M. 1. NEW BUSINESS ITEM # 33393 BY CONSENSUS, City Council WITHDREW from the Agenda for further information: Resolution establishing a Financial Review Committee to be composed of thirteen members who shall report to the City Council on a regular basis and file a final report no later than April 1, 1991. - 44 - Item V-M. 1. ADJOURNMENT ITEM # 33394 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 8:30 P.M. Beverly'g. Hooks Chief Deputy City Clerk uth Hodges S.:,th, CMC ireye@a Obern( City Clerk Mayor City of Virginia Beach Virginia