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JULY 9, 1990 MINUTESC.it. r oF "WORLD'S LARGEST RESORT CITY" Cf'FY COUNCIL MAYOR MEYERA E. OBERNDORF, VICE MAYOR ROBERT E. FENTRESS, V~ginia Beach Borough JOHN A. BAUM, BL~c~:e~ Borough J~{~ ~. B~ZIER, Jr., Lynnhaven Borough ROBERT ~. CLYBURN, K~p~v~ Borough HAROLD HEISCffOBER, ~ L~ LOUIS ~. JONES, ~Fs. LE~ Borough PAUL J. L~EIG~E, ~un9o Borough RE~ S. ~EC~, P~nc~s Ann~ Borough N~CF K. PARKER, A~ WILLI~{ ~. SESSO~, J.~., AUBRt~Y V. ~/ATI.~. JR.. Cit,~ RUI'II If¢)lX,;f~S .~fl'lll. f.'Af(:IA~t/~. (:ify CITY COUNCIL AGENDA O# OU!~ #lJ ~ll C/TV IIALL IJUILINNG MUNICIPAL VJR( ;INIA IJl'~%(=l I. VII~;I~IA JULY 9, 1'990 ITEM I. COUNCIL CONFERENCE SESSION A. PUBLIC LIBRARY BOARD John J. Carvil, Jr., Vice Chairman B. TIDEWATER REGIONAL GROUP HOME COMMISSION David L. Hawkins, Program Administrator - Conference Room - 11:00 AM ITEM I1o CITY COUNCIL CONCERNS - Conference Room - 11:30 AM ITEM IIlo L U N C H - Conference Room - 11:45 AM ITEM IV. INFORMAL SESSION - Conference Room - 12: NOON 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 A. INVOCATION: Reverend Melvin Hughes First Baptist Church - Council Chamber - 2:00 PM B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL Do CERTIFICATION OF EXECUTIVE SESSION Ee MINUTES 1. INFORMAL & FORMAL SESSIONS 2. INFORMAL & FORMAL SESSIONS June 25, 1990 July 2, 1990 F. PRESENTATION LABOR DAY COMMUNITY COORDINATION COMMITTEE Andrew S. Fine, Co-Chair Dr. Harrison B. Wilson, Co-Chair G. PUBLIC HEARING: 1. PLANNING BY CONSENT a. CHESAPEAKE BAY PRESERVATION AREA REGULATIONS: Proposed policies to be included as Appendix F of the Code of the City of Virginia Beach concerning Geographic Extent, Resource Protection Areas, Resource Management Areas and Intensely Developed Areas. BY VIRTUE OF CITY COUNCIL'S UNANIMOUS VOTE ON JULY 2, 1990, THIS ITEM IS TO BE DEFERRED INDEFINITELY BUT RETURNED TO CITY COUNCIL ON AN ADMINISTRATIVE ITEMS AGENDA PRIOR TO SEPTEMBER 20, 1990. be Application of SAINT NAT~HEWfS CATHOLIC CHURCH for a Conditional Use Permit for a church on property located 120 feet more or less North of the intersection of Sandra Lane and Trestman Avenue (3314 Sandra Lane), containing 13.013 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL Application of B & L TOWING SERVICE OF VIRGINIA, INC. for a Conditional Use Permit for a bulk storage yard at the Northeast corner of Southern Boulevard and Dorset Avenue (120 Dorset Avenue), containing 2.409 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL Application of AGENCY RENT-A-CAR SYSTEMS, INC. for a Conditional Use Permit for a motor vehicle rental at the Northwest corner of Virginia Beach Boulevard and Aragona Boulevard on Lots 35 and 36, Block 35, Euclid Place, containing 2.466 acres (BAYSIDE BOROUGH) Recommendation: APPROVAL Application of JACK P. WI~Y, SR. for a Conditional Use Permit for a car wash on the Northeast side of the Virginia Beach Toll Road, 409.90 feet Northwest of Witchduck Road (121S. Witchduck Road), containing 4.311 acres (BAYSIDE BOROUGH) Recommendation: APPROVAL 2. PLANNING a. Petition of COLUMBUS CENTER ASSOCIATES for the discontinuance~ closure and abandonment (BAYSIDE BOROUGH): A portion of Columbus Street beginning at the Eastern boundary of Constitution Drive and running in an Easterly direction a distance of 650 feet, being 50 feet in width and containing 33,854 square feet; AND, A portion of Cleveland Street beginning at the Eastern boundary of Garrett Drive and running in an Easterly direction a distance of 500.30 feet, being 50 feet in width and containing 25,015 square feet. Recommendation: APPROVAL Application of ROBERT W. WOODHOUSE III for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all lots created by subdivision have direct access to a public street at the Eastern extremity of South Woodside Lane (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Ce Application of MICHAELANNE BEEMAN for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance at 2240 Greenwell Road (BAYSIDE BOROUGH). Recommendation: APPROVAL de Application of R. G. MOORE BUILDING CORPORATION and ROUND HILL DEVELOPMENT CORPORATION for a Change of Zoning District Classification from PD-H2 Planned Unit Development-Housing to P-1 Preservation District on parcels in the greenbelt areas of the subdivision of Glenwood located on the West side of Salem Road, 2100 feet more or less North of Elbow Road, containing 75 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL Application of JOSEPH L. EXUM, JR. for a Change of Zoning District Classification from P-1 Preservation District to B-2 Community Business District on the West side of First Colonial Road, 201.4 feet South of Virginia Beach Boulevard (235 First Colonial Road), containing 5,730 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Applicatlon of E)O(ON CORPORATION for a Conditional Use Permit for gasoline pumps and a car wash in conjunction with a convenience store at the Southeast corner of Wesleyan Drive and Broad Meadows Boulevard, containing 32,234 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL Application of VIRGINIA POWER for a Conditional Use Permit for bulk storage on the North side of the Virginia Beach Toll Road, 500.86 feet West of First Colonial Road (525 First Colonial Road, containing 2.422 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL h. Application of HILLHAVEN OORPORATION for a Conditional Use Permit for a home for the aged and facilities on the North side of Drive, 385 feet East of First Colonial Road, containing 4.69 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL i. Application of CONTEL CELLULAR, INC. for a Conditional Use Permit for a communication tower and equipment building on the South side of Indian River Road, 1500 feet more or less West of Princess Anne Road, containing 24,350.04 square feet more or less (PUNGO BOROUGH). DEFERRED May 14, 1990. Recommendation: DENIAL j. Application of ANIMAL CARE RESORT for a Conditional Use Permit for a commercial kennel and boarding facilities on the North side of Landstown Road, 1350 feet more or less East of Salem Road (3708 Landstown Road), containing 5.75 acres (PRINCESS ANNE BOROUGH). Recommendation: DENIAL k. Application of KEMPSVILLE CONGREGATION OF JEHOVAH'S WITNESSES for a Conditional Use Permit for a church on the East side of Thompklns Lane, 1500 feet North of Indian River Road, containing 2.832 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL I. Application of TIDEWATER IMPORTS, INC. for a Conditional Use Permit for motor vehicle sales and service on the North side of Virginia Beach Boulevard, 600 feet West of Kings Grant Road (3152 Virginia Beach Boulevard), containing 4.5 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL H. RESOLUTIONS: 1. Resolution requesting the Commonwealth Transportation Board authorize the Vlrginla Department of Transportation to proceed with award of the contract for design of the Constitution Drive ProJect utilizing approved Alignment IA. DEFERRED: July 2, 1990. 2. Resolution requesting the Commonwealth Transportation Board defer action on its decision to rescind the limited access designation for the Princess Anne Road Phase 111 ProJect until August 1990, in order to permit the City of Virginia Beach ample time to consider the information provided re right-of-way acquisition costs and to further evaluate the cost/benefits of maintaining a limited access facility for the project. 3. Resolution to pursue lease-purchase financing of the Judiclal Center and approval of the underwriters re the sale of the Certificates of Partlclpatlon. 4. Resolution authorizing the enlargement of a nonconforming use at 865 Newtown Road, in behalf of James E. Lindsay, Sr. (BAYSIDE BOROUGH). I. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. m Resolution authorizing the Treasurer of the City of Virginia Beach, Virginia, to Invest bond proceeds and related funds in the State Non-Arbitrage Program. Ordinance to AMEND and REORDAIN Section 1-9 of the Code of the City of Virginia Beach, Virginia, re classificatlon of and penalties for violations; continuing violations. Ordinance to AMEND and REORDAIN Section 25-8 of the Code of the City of Virginia Beach, Virginia, re pawnbrokers records. Ordinance authorizing acquisition of property in fee simple for Kempsvllle Suction - Phase I Water ProJect (CIP 5-938); and, the acquisition of temporary and permanent easements either by agreement or condemnation. Ordinance authorizing the City Manager to apply for and accept Indeor Plumbing Grant funds; and, enter into a Grant Agreement with the Virginia Department of Housing and Community Development. 6. Ordinances, upon SECOND READING: a. To ACCEPT and APPROPRIATE community gifts totalling $44,428.56 re additional prenatal care programs for the Health Department. b. To APPROPRIATE $169,522 to the FY 1990-1991 Operating Budget of the Police Department for the purchase of a second helicopter. 7. Ordinances to TRANSFER: a® $80,000 from the FY 1990-1991 recycling reserve to the Public Works Solid Waste Collection Unit (10312) re establishing twenty drop-off recycling centers. be Ordinance to transfer $25,000 from the FY 1990-1991 General Fund Reserve for Contingencies to provide for the City's participation In the commissioning of the USS Tortuga (LSD 46). Ordinance to authorize a temporary encroachment into a portion of the City's drainage easement known as Canal No. 2 to Hermes Abrasives for installation of a parking lot (LYNNHAVEN BOROUGH). J. APPOINTMENTS SCHOOL BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS 7/9/90 Igs M. ADJOURNMENT CITY COUNC I L RECESS JULY 10 - 31, 1990 MINUTES VIRGINIA BEACH CITY COUNCIL. Virginia Beach, Vlrglnla July 9, 1990 The CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on Monday, July 9, 1990, at 11:00 A.M. Council Members Present: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: James W. Brazier, Jr. Louis R. Jones (ENTERED: 11:05 A.M.) (ENTERED: 12:02 P.M.) -2- CITY COUNCIL CONFERENCE PUBLIC LIBRARY BOARD 11:00 A.M. ITEM # 33145 SESSION John J. Carvil, Jr., Vice Chairman, introduced other members of the PUBLIC LIBRARY BOARD in attendance, Joy Eliasson and Lettie Dozier. Last year there were 1,400 Meeting Room bookings, 480,000 requests for reference information with attendance just under 25,000 for library programs. The Virginia Beach Libraries are probably the most visited structures in the Beach, playing host to 1,541,000 individuals. The computerized catalog system of the Central Library is "state of the art", available to the student in school or the businessman in his office through a phone modem in their computers. The Book Mobiles traveling the rural areas have complete access to the main computer through a sophisticated data radio system. The computer technology available in the library today takes a printed page and converts it to a digital sound cassette, which the visually handicapped can then play on their home tape recorder. Thus the most rare and even technically complex books are available to the blind. The personal computers and typewriters at the Central Library have patrons waiting at the front door to be first in line. The new Kemspville Library was an instant success. Even today, it is breaking attendance records. On a recent Saturday, the Library hosted 3,052 customers in a seven hour period, almost equaling the 3,200 individuals who attended the Central Library in a four hour period in February, 1989. The newest addition, the Pungo/Blackwater Combination Library, Recreation and Police facility, which opened less than a month ago is ideally suited for the area it serves. Even as we meet today, the construction process is underway for a branch library to serve the rapidly developing Princess Anne area. In the planning stage is yet another library to be built in the General Booth Corridor to serve the residents in the southern part of the City. Martha Sims, the capable and gracious Director of Library Services, leads a staff of talented and enthusiastic individuals who enjoy their job and take pride in their libraries. The Friends of the Library, a dedicated group of over 300 volunteers, lend moral and economic support in many activities, including shelving, operating the gift shop and conducting the huge book sale twice-a-year. Mayor Oberndorf served as Chair of the Library Board and along with other Members of City Council, has always been supportive of a strong library system. There are 137,000 Library Members. The libraries contain approximately 670,000 volumes and a circulation of 2,600,000. This entails approximately 1.7 books per capita and the Library Board wishes to raise this to 2 per capita. The national average is 2 to 4 per capita. July 9, 1990 -3- CITY COUNCIL CONFERENCE SESSION TIDEWATER REGIONAL GROUP HOME COMMISSION 11: 15 A.M. ITEM # 33146 Dr. David L. Hawkins, Program Administrator, advised Bruce Bright, Director of the Virginia Beach Service Unit, was in attendance. Dr. Hawkins has been with the Commission since 1976. The TIDEWATER REGIONAL GROUP HOME COMMISSION works with delinquent and social service children between the ages of 13 and 17. A large amount of financial reimbursement is received from the Department of Youth and Family. Localities are also charged based on actual services rendered. In the early 1970's, individuals realized deficiencies in the area of residential services for juveniles. The Cities of Virginia Beach, Portsmouth, Chesapeake, Suffolk, Franklin and the Counties of Isle of Wight and Southhampton looked at existing models. The Tidewater Detention Home Commission presently utilized was copied and the Cities and Counties became involved with that particular Commission. The City of Chesapeake was gracious enough to administer same. In 1973, the first home was opened in Norfolk at the site of the former Florence Crittenden Home for Unwed Mothers. In 1974, the Virginia Beach Crises Home was opened and at that time located on Twenty-second Street. In 1976, the Chesapeake Boys' Home was opened under Dr. Hawkins' direction. The Portsmouth Boys' Home was opened the same year. In 1977, the TIDEWATER REGIONAL GROUP HOME COMMISSION was formed. The Girl's Home was moved to its current location on 2000 Virginia Beach Boulevard. In 1979, there was a joint project between the Department of Corrections and the Department of Human Services on the development of a new type of group home - the Centerville Group Home. The homes takes in hard-to-place social service children and houses them up to two years. A survey was conducted relative the type of child in this program. Over 90% of the girls had been sexually abused. Over 70% of the boys had been sexually or physically abused. These children had been in multiple placements. This type of child might have seven or eight foster placements accompanied by a couple of private hospitalizations. In the early 1980's the City of Norfolk developed a Wilderness Challenge School. In 1984, the TIDEWATER REGIONAL GROUP HOME COMMISSION assumed direction of this program. The children are taken on a ten-day adventure experience, followed by four to five more months with social skills training. Ail parents are encouraged to attend a parent training session. In 1986, the Commission moved into their new Crises House at 811 13th Street. This was the first building designed by the Commission. It is the "showpiece" of the Commission. In 1987, the Family Group Home program began. It is actually therapeutic foster care. The Regional Group Home is at 98% capacity for the year. The Crises Home is at 106%. As a total system, participation comprised 92%. The new proposed per diem rate for the Court Service Unit is $27 with a per diem rate of $32 for Social Services. There is a waiting list for the Regional Group Home of approximately 3 to 4 months. The Wilderness Program consists of a series of stressful situations: propelling from mountains, canoeing and white water rafting. These situations are fear producing. The whole idea is to place a child who does not have much faith in authority figures in a situation where he has to depend upon them. He has to take instruction for his own safety and depend upon the adult leadership to overcome the situation. However, it is safety oriented. There has not been a serious injury since the program commenced. July 9, 1990 -4- COUNCIL CONCERNS SESSION ITEM # 33147 Councilman Lanteigne advised that at the last Session of the Virginia General Assembly the State Code 18.2-388 was AMENDED and updated. The term "drunk" has been replaced with the term "intoxicated". The City Code, Section 23.22 does not parallel the State Code. The Magistrates are currently operating under the State Code and not the City Code. The City Attorney advised appropriate amendments will be SCHEDULED for the City Council Agenda in August. ITEM # 33148 Councilwoman McClanan distributed copies of the design for the entrance sign of the Virginia Beach KOA Campground submitted by Rondal N. Earley, President - Virignia Beach KOA. This Encroachment was approved by City Council on June 25, 1990, subject to Council Lady McClanan's approval of the sign. Said documents are hereby made a part of the record. ITEM # 33149 Councilwoman McClanan referenced the application of ANIMAL CARE RESORT for a Conditional Use Permit for a commercial kennel and boarding facilities on the North side of Landstown Road, 1350 feet more or less East of Salem Road (3708 Landstown Road), containing 5.75 acres (PRINCESS ANNE BOROUGH) (See Item V- G.2.j. of the PLANNING AGENDA). Councilwoman McClanan advised she will request this item be REFERRED BACK TO THE PLANNING COMMISSION, as the size of the kennel has been reduced. ITEM # 33150 Councilman Baum referenced the CHESAPEAKE BAY PRESERVATION AREA REGULATIONS. By virtue of City Council's unanimous vote on July 2, 1990, this item was DEFERRED INDEFINITELY, but shall be returned to City Council on an administrative items agenda prior to September 20, 1990. Councilman Baum advised he believed the City Staff would have a problem, if the City Council did not take the similar action of the Planning Commission. The Planning Commission DEFERRED the Ordinance, but indicated the area which actually drains into the Chesapeake Bay should be part of the Act. Councilman Baum advised the Roy Mann Study indicated the pollution from agriculture was very small. The pollution is from development. Councilman Baum requested Mr. Cullipher, Director of Agriculture, prepare a presentation both oral and written as to the policies of landowners currently in effect. The individuals associated with the environmental movement do not seem to have much knowledge of agriculture and immediately blame troubles on farming. Councilman Baum was not aware of any plan from the Game and Inland Fisheries relative improving Back Bay. The City Manager requested City Council provide information to the City Staff relative preliminary indication of the area to be included in the Chesapeake Bay Preservation Area. This would be of assistance in compiling maps. Mayor Oberndorf advised, with the development of the new Comprehensive Plan, the public needs to be aware of guidelines for proposed development in what used to be considered historically the "agricultural" area of the City. Best Management Practices need to be defined. July 9, 1990 -5- COUNCIL CONCERNS SESSION ITEM # 33150 (Continued) Councilwoman McClanan requested the Comprehensive Plan establish guidelines assuring citizens environmental concerns will be addressed. Councilwoman Parker believed this Chesapeake Bay Preservation Act gave the City the ability to protect State waters by State Legislation, which previously the City did not have the ability to protect. The City Manager advised the Planning Commission will be hearing the full proposed local program at its August 8, 1990, Public Hearing, with a Public Hearing SCHEDULED for the August 21, 1990, City Council Session. The Chesapeake Bay Preservation Area Designation and Management Regulations are comprised of two elements: (1) A map delineating Chesapeake Bay Preservation Areas composed of Resource Areas, Resource Management Areas and any desired intensely developed areas; and, (2) Performance criteria applying in all Preservation areas that employ the requirements in the State's regulations. The City Manager was not positive the City Council would be able to deal with the Comprehensive Plan before the deadline on the Chesapeake Bay Preservation Act. The City Manager will provide information relative the Roy Mann Study and the SCHEDULE of the Comprehensive Plan. H. Clayton Bernick, III, Director - Office of Environmental Management, advised there have been a number of Staff briefings with the Planning Commission relative the detail ramifications of the State's Program Regulations, as well as the areas of the City to be affected resulting in a good exchange of information and culminating in the Commission's recommendation to include the Chesapeake Bay Watershed at this time. Mr. Bernick advised Councilman Heischober the second phase is due September 20, 1991, at which time the City needs to review the Comprehensive Plan to assure compliance with the Chesapeake Bay Preservation Area Regulations, as well. This would give the City the opportunity not only to amend the plan, but to implement measures. Mr. Bernick advised Councilwoman Parker with reference to Mr. Stanley Balderson's letter, (Acting Director of the Chesapeake Bay Local Assistance Department), this Department does have the final say concerning the acceptance of the City's Plan. The Planning Commission has finalized its position concerning policies for the Chesapeake Bay Preservation Area Regulations as follows: Geographic Extent, Resource Protection Areas, Resource Management Areas and Intensely Developed Areas. The major problems identified by the State with the Planning Commission's proposals concern Resource Management Areas and particularly Intensely Developed Areas. There is a staff perception in Richmond that the regulations read one way regarding designation of Intensely Developed Areas and the City Staff, working with the City Attorney's Office, has a slightly different prospective. The State's proposal for excessively developed areas would be far more restrictive than the City's proposal. Mayor Oberndorf requested a BRIEFING accompanied by a written document relative the proposals of the City Staff and the two different legal opinions from the State and local level. ITEM # 33151 Vice Mayor Fentress distributed copies of the AGENDA SCHEDULE (Tuesday City Council Meetings) which shall commence August 7, 1990. The City Clerk advised the City Council Session will be attended by a representative of the VIRGINIA BEACH SUN. July 9, 1990 -6- COUNCIL CONCERNS SESSION ITEM # 33152 Councilwoman McClanan referenced the Resolution requesting the Commonwealth Transportation Board defer action on its decision to rescind the limited access designation for the Princess Anne Road Phase III Project until August 1990, in order to permit the City of Virginia Beach ample time to consider the information provided re right-of-way acquisition costs and to further evaluate the cost/benefits of maintaining a limited access facility for the project (See Item V-H.2 of Resolutions). Councilwoman McClanan advised the City Attorney is preparing an alternate resolution advising that while the City Council does not agree with the Virginia Department of Transportation action to rescind the limited access designation, it does realize the priority of Princess Anne Road was number one in 1983 and continues to be of the highest priority so that there can be no further delay and the Virginia Department of Transportation proceed immediately with construction on the Princess Anne Road Phase III project as expeditiously as possible. The Council will work with individual property owners to address access to the various properties while at the same time maintaining the maximum benefit in transportation and traffic flow possible. IT~ # 33153 Councilwoman McClanan advised the Francis Land House sent a plate of cookies to City Council to accompany their lunch. July 9, 1990 -7 - OONOERNS OF THE ~AYOR ITEM ~ 33154 Mayor Oberndorf advised the Board of Governors of the FRANCIS LAND HOUSE honored the 1990-92 City Council on July Eighth. The reception provided an opportunity for the citizens of Virginia Beach to meet their representatives from the Municipal Government. The Board of Governors requested the Mayor deliver to Council Members Baum and Heischober, who were unable to attend, symbolic keys to the Francis Land House. These keys had been presented Sunday, July Eighth, to the other Council Members. July 9, 1990 -8- ITEM ~ 33155 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, July 9, 1990, at 12:35 P.M. 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 Absent: None July 9, 1990 -9- ITEM ~ 33156 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: I. PERSONNEL MAI-~ERS: Discussion or consideration of appointment of specific appointees pursuant to Section 2.1-344(A) (1). To-wit: 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) Regency Apartments Association v. City of Virginia Beach (2) Gordon Spence, et als v. Board of Zoning Appeals. Upon motion by Councilman Heischober, seconded by Councilman Clyburn, 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 July 9, 1990 - 10 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 9, 1990 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORNAL SESSION of the VIRGINIA BEACH CITY COUNCIL In the Council Chambers, City Hall Building, on Monday, July 9, 1990, at 2:00 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, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None INVOOATION: Vice Mayor Robert E. Fentress PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA July 9, 1990 -11- Item V-D. CERTIFICATION OF EXECUTIVE SESSION ITEM # 33157 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. 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, Only such public business matters as were identified in the motions convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. 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 July 9, 1990 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 33156, Page No. 9, 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. -R~th Hodges~mith~, CMC/AAE City Clerk July 9, 1990 - 12- Item V-E. 1. MINUTES ITEM # 33158 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council APPROVED the Minutes of INFORMAL AND FORMAL SESSIONS of June 25, 1990: 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, Mayor Meyera E. 0berndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Paul J. Lanteigne Council Members Absent: Reba S. McClanan ~Council Member Lanteigne ABSTAINED as he was not in attendance during the City Council Session of June 25, 1990. July 9, 1990 - 13- Item V-E.2. MINUTES ITEM ~ 33159 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED, AS CORRECTED, the Minutes of the INFORMAL AND FORMAL SESSIONS of July 2, 1990: CEREMONIAL ORGANIZATION OF VIRGINIA BEACH CITY COUNCIL ITEM ~ 33109, Page 11 Robert W. Clyburn - Kempsvllle Borough* *Councilman Clyburn was INCORRECTLY representing the Lynnhaven Borough. listed as 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, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan July 9, 1990 - 14 - Item V-F. 1 PRESENTATIONS ITEM # 33160 LABOR DAY COMMUNITY COORDINATION COMMITTEE Andrew S. Fine and Dr. Harrison Wilson, Co-Chairs of the LABOR DAY COMMUNITY COORDINATION COMMI3-rEE, advised fund raising has been most successful and it is believed the goal can be attained. The amount thus far has exceeded $100,000. There is a PUBLIC FORUM SCHEDULED for Tuesday, July 10, 1990, at Independence Junior High School. An appearance with the Mayor is also SCHEDULED this week on Cox Cable, Channel 11. The vendors at the Oceanfront and Redwing Park are local, non-profit organizations who are deemed to be responsible citizens and are selected by the LDCCC. There are 15 vendors authorized to be at the oceanfront during the three stages. Councilman Lanteigne referenced his letter of June Twenty-fifth requesting more detailed information on the City's cost participation in public safety response and also the inquiry relative the cost of the City's participation in other events. The City Manager advised this information should be provided during the City Council Session of August 7, 1990. Mayor Oberndorf referenced the statement by a parent of two employees in Public Works that the City was spending approximately $40,000 for the road into Redwing Park. The City Manager advised the decision has been made not to put the buses onto the park road. The loading and unloading will be at the General Booth Boulevard area. C. Oral Lambert, Jr., advised the highway representatives had evaluated the condition of the pavement and recommended if the bus traffic were to be placed on the "loop" road, the maintenance should be advanced with an asphalt overlay, which would entail a cost of approximately $40,000. However, it has been determined it will be safer and more feasible to load and discharge the buses from the Northbound lane of General Booth Boulevard right at the entrance to Redwing Park. July 9, 1990 Item V-G. 1. PUBLIC HEARING PLANNING - 15- ITEM # 33161 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT (a) CHESAPEAKE BAY PRESERVATION AREA REGULATIONS: (c) (d) (e) SAINT MATTHEW'S CATHOLIC CHURCH B & L TOWING SERVICE OF VIRGINIA, INC. AGENCY RENT-A-CAR SYSTEMS, INC. JACK P. WITTY, SR. Proposed policies to be included as Appendix F CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT me PLANNING (a) (b) (c) (d) (e) (h) (i) (j) (1) COLUMBUS CENTER ASSOCIATES ROBERT W. WOODHOUSE III MICHAELANNE BEF~tA_N R. G MOORE BUILDING CORPORATION & ROUND HILL DEVELOPMENT CORPORATION JOSEPH L. EXUM, JR. EXXON CORPORATION VIRGINIA POWER HITJ.HAVEN CORPORATION CONTEL CELLULAR, INC. ANIMAL CARE RESORT KEMPSVILLE CONGREGATION OF JEHOVAH'S WITNESSES TIDEWATER IMPORTS, INC. STREET CLOSURE VARIANCE VARIANCE CHANGE OF ZONING CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT July 9, 1990 - 16- Item V-G. PLANNING BY CONSENT ITEM ~ 33162 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council APPROVED in ONE MOTION Items G.l.b, d and e of the PLANNING BY CONSENT AGENDA. Item G.l.a. was DEFERRED INDEFINITELY by virtue of City Council's unanimous vote on July 2, 1990. Item G.l.c. was REFERRED BACK TO THE PLANNING COMMISSION. 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 July 9, 1990 - 17 - Item V-G.I.a. PLANNING BY CONSENT ITEM # 33163 City Council DEFERRED INDEFINITELY: CHESAPEAKE BAY PRESERVATION AREA REGULATIONS: Proposed policies to be included as Appendix F of the Code of the City of Virginia Beach concerning Geographic Extent, Resource Protection Areas, Resource Management Areas and Intensely Developed Areas. (BY VIRTUE OF CITY COUNCIL'S UNANIMOUS VOTE ON JULY 2, 1990, THIS ITEM IS TO BE DEFERRED INDEFINITELY BUT RETURNED TO CITY COUNCIL ON AN ADMINISTRATIVE ITEMS AGENDA PRIOR TO SEPTEMBER 20, 1990.) July 9, 1990 - 18 - Item V-G.I.b. PLANNING BY CONSENT ITEM ~ 33164 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of SAINT MATTHEW'S CATHOLIC CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SAINT MATTHEW'S CATHOLIC CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R07901317 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Saint Matthew's Catholic Church for a Conditional Use Permit for a church on property located 120 feet more or less north of the intersection of Sandra Lane and Testman Avenue. Said parcel is located at 3314 Sandra Lane and contains 13.013 acres. More detailed information is available in the Department of Planning. KEMSPVILLE BOROUGH. 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 Ninth of July, Nineteen Hundred and Ninety. 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 July 9, 1990 - 19- Item V-G.I.c. PLANNING BY CONSENT ITEM # 33165 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council REFERRED BACK TO THE PLANNING COI4MI$SION Ordinance upon application of B & L TOWING SERVICE OF VIRGINIA, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF B & L TOWING SERVICE OF VIRGINIA, INC. FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD Ordinance upon application of B & L Towing Service of Virginia, Inc. for a Conditional Use Permit for a bulk storage yard at the northeast corner of Southern Boulevard and Dorset Avenue. Said parcel is located at 120 Dorset Avenue and contains 2.409 acres. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. The applicant shall be responsible for the filing fees and advertising 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 July 9, 1990 - 20 - Item V-G.I.d. PLANNING BY CONSENT ITEM # 33166 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of AGENCY RENT-A-CAR SYSTEMS, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF AGENCY RENT-A-CAR SYSTEMS, INC. FOR A CONDITIONAL USE PERMIT FOR A MOTOR VEHICLE RENTAL R07901318 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Agency Rent-A-Car Systems, Inc. for a Conditional Use Permit for a motor vehicle rental at the northwest corner of Virginia Beach Boulevard on Lots 35 and 36, Block 35, Euclid Place. Said parcel contains 2.466 acres. BAYSIDE BOROUGH. The following conditions shall be required: 1. No service or maintenance of automobiles will be permitted at this location. 2. A maximum of @ rental vehicles can be kept at this location. The OWNER or LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. 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 Ninth of July~ Nineteen Hundred and Ninety. July 9, 1990 -21 - Item V-G. 1. d. PLANNING BY CONSENT ITEM # 33166 (Continued) 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 July 9, 1990 STATEMENT OF CONSENT APPLICANT APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: AGENCY RENT-A-CAR SYSTEM, INC. Conditional Use Permit - Virginia Beach/Aragona Boulevards Motor Vehicle Rental July 9, 1990 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: e No service or maintenance of automobiles will be permitted at this location. A maximum of 8 rental vehicles can be kept at this location. By: Date: A~-t~ y/Ag e n t Owner - 22 - Item V-G.i.e. PLANNING BY CONSENT ITEM # 33167 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application JACK P. WITTY, SR. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JACK P. WITTY, SR. FOR A CONDITIONAL USE PERMIT FOR A CAR WASH R07901319 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH , VIRGINIA Ordinance upon application of Jack P. Witty, Sr. for a Conditional Use Permit for a car wash on the northeast side of the Virginia Beach Toll Road, 409.90 feet northwest of Witchduck Road. The parcel is located at 121 South Witchduck Road and contains 4.311 acres. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. The following condition shall be required: 1. All washing and work shall be performed indoors. The OWNER or LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. 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 Ninth of July~ Nineteen Hundred and Ninety. 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 July 9, 1990 STATENENT OF CONSENT APPLICANT: APPLICATION: DESCR I PT I ON: CITY COUNCIL SESSION: JACK P. WITTY, SR. Conditional Use Permit - Virginia Beach Toll Road/Witchduck Road Car Wash July 9, 1990 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. All washing and work shall be performed indoors. By: Attorney/Agent - 23 - I tern V-G. 2. a. PLANNING ITEM # 33168 Attorney Samuel M. Kroll, Clark and Stant, 900 Sovran Bank Building, Phone: 499-8800, represented the applicant Jahn Summs, 1468 Five Hill, Phone: 431-1217, registered in OPPOSITION. A motion was made by Councilman Jones, seconded by Councilman Heischober to DEFER INDEFINITELY the Petition of COLUMBUS CENTER ASSOCIATES for the discontinuance, closure and abandonment of a portion of Columbus Street and APPROVE, subject to compliance in 180 days, the discontinuance, closure and abandonment of Cleveland Street (BAYSIDE BOROUGH). Upon AMENDED MOTION by Councilman Jones, seconded by Councilman Heischober, City Council DEFERRED INDEFINITELY Petition of COLUMBUS CENTER ASSOCIATES for the discontinuance, closure and abandonment of a portion of COLUMBUS STREET and a portion of CLEVELAND STREET: Application of Columbus Center Associates for the discontinuance, closure and abandonment of a portion of Columbus Street beginning at the eastern boundary of Constitution Drive and running in an easterly direction a distance of 650 feet. Said street is 50 feet in width and contains 33,854 square feet. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. AND, Application of Columbus Center Associates for the discontinuance, closure and abandonment of a portion of Cleveland Street beginning at the eastern boundary of Garrett Drive and running in an easterly direction a distance of 500.30 fee~ Said street is 50 feet in width and contains 25,015 square feet. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazler, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba So McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 9, 1990 - 24 - I tern V-G. 2. b. PLANNING ITEM ~ 33169 Attorney Michael H. Nuckols, Kaufman and Canoles, 1104 Laskin Road, Phone: 491-4000, represented the applicant. The property has been in the Woodhouse family for in excess of 100 years. In 1950, the property was partitioned three ways with Mr. Shep Woodhouse receiving a 17-acre tract, which this subject parcel is part. In 1953, there was a subdivision plat creating 17 parcels that was entitled plat of "Woodland". Upon motion by Councilman Brazier, seconded by Councilman Baum, City Council APPROVED the application of ROBERT W. WOODHOUSE, ill for a Variance to Section 4.4(d) of the Subdivision Ordinance. Application of Robert W. Woodhouse, III for a Varlance to Section 4.4(d) of the Subdivision Ordinance. Property is located at the eastern extremity of South Woodside Lane. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Clearing and grading on banks and highly erodible soils shall not be conducted, except for the road. 2. Runoff from the road shall be managed through a swale system which maximized infiltration and water quality protection. The outfall for this system must be designed to minimize impacts upon highly erodible soils and wetlands. 3. The existing land must be improved with an impervious pavement section extending from the existing public right-of-way to the terminus of the private lane. A minimum paved width of 22 feet must be achieved within section matching the lane with a minimum paved radius of 40 feet or as otherwise prescribed by the Department of Public Works. A note must be included on the final plat indicating that the pavement and required swales are private and must be privately maintained. 4. All of the proposed lots must connect to City water and sewer. 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 Ninth of July~ Nineteen Hundred and Ninety. July 9, 1990 - 25 - I tern V-G. 2. b. PLANNING ITEM ~ 33169 (Continued) Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, 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 Abstaining: Vice Mayor Robert E. Fentress Council Members Absent: None *Vice Mayor Fentress ABSTAINED and declared pursuant to Section 2.1-639.14(E) of the Code of Virginia, he is an officer of Commerce Bank which holds a note from Robert Woodhouse wherein the subject property is held as collateral. Therefore, this interest meets the criteria of a personal interest in the transaction under the Conflict of Interest Act. Vice Mayor Fentress' letter of July 9, 1990, is hereby made a part of the proceedings. July 9, 1990 LESLIE L. LILLEY CITY A~I'ORNEY City of Virginia F cach MUNICIPAL CENTER VIRGINIA BEACH, VA 23456-9004 (804) 427-4531 July 9, 1990 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to §2.1-639.14(E), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interest Act, §2.1- 639.14(E), Code of Virginia, I make the following declaration: The transaction for which I am executing this written disclosure is the application for subdivision variance of Robert Woodhouse. The nature of my personal interest is I am an officer of Commerce Bank earning in excess of $10,000.00 annually. Commerce Bank holds a note from Robert Woodhouse wherein the subject property is held as collateral. The City Attorney has advised me that I am required to disclose this interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interest Act. I wish to disclose this interest and declare that I am disqualified from participation in the application for subdivision variance of Robert Woodhouse. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooPeration in this matter. Sincerely, Robert E. Fentress Vice Mayor /abe enclosure 2 LESLIE L. LILLEY CITY ATI'ORNEY MUNICIPAL CENTER VIRGINIA BEACH, VA 23456-9004 (804) 427-4531 July 9, 1990 Vice Mayor Robert E. Fentress Municipal Center Virginia Beach, Virginia 23456 Re: Request for Conflict of Interests Act Opinion: Application for Subdivision Variance of Robert Woodhouse Dear Vice Mayor Fentress: I am writing in response to your request for an opinion as to whether you may participate in discussions and vote on the application for subdivision variance of Robert Woodhouse. Summary Conclusion: From my review of the Conflict of Interests Act and the information provided by you as referenced below, I am of the opinion that you have a personal interest in a transaction of the Virginia Beach City Council concerning the appplication for subdivision variance of Robert Woodhouse as a result of your employment by Commerce Bank. Therefore, since Commerce Bank will realize a reasonably foreseeable benefit or detriment as a result of the transaction, you are disqualified from participating in the transaction. I have set out the disclosure requirements of §2.1- 639.14(E) at the end of this letter. I base the aforesaid conclusions on the following facts and discussions. Facts Presented: Your request for an advisory opinion is generated by the application for subdivision variance of Robert Woodhouse which is currently scheduled on the agenda for July 9, 1990. You have advised that your area of concern with respect to the transaction is that you are currently an officer of Commerce Bank earning in Vice Mayor Robert E. Fentress -2- July 9, 1990 excess of $10,000.00 annually. Commerce Bank has made a loan to Robert Woodhouse, on which you were the loan officer, for which Mr. Woodhouse used the subject property as collateral. Issue: Are you precluded from participating in the discussion and voting on the application for subdivision variance of Robert Woodhouse because of you employment by Commerce Bank? Discussion: I. Applicable Definitions: A. City Council is a governmental agency, as it is a legislative branch of local government as defined in §2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act. B. You are an officer within the meaning of §2.1-639.2 of the above-referenced Act. C. The application for subdivision variance to be voted on by City Council is a "transaction" as defined by the Act. The Act defines a transaction as "any matters considered by any...governmental agency on which official action is taken or contemplated." §2.1-239.2. D. "Personal interest" is defined in §2.1-639.2 as being a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3% of the total equity of the business 2) annual income from ownership in real or personal property or a business in excess of $10,000.00 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually 4) ownership of real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary 5) personal liability incurred or assumed on behalf of a business which exceeds 3% of the asset value of the business. E. §2.1-639.2 defines a "personal interest in the transaction" as existing when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. Vice Mayor Robert E. Fentress -3- July 9, 1990 II. Application of Definitions and Prohibitions: A. Personal Interest A "personal interest" exists by reason of one of five specified categories, as noted above in the definition of "personal interest". Specifically, my review of those categories and the facts presented indicate that you earn more than $10,000.00 annual salary from Commerce Bank. Therefore you have a personal interest in Commerce Bank as defined under the Conflict of Interests Act. B. Personal Interest in the Transaction Under the definition of §2.1-639.2 you have a "personal interest in the transaction" by virtue of a personal interest in a business, which will receive a reasonably foreseeable direct or indirect benefit or detriment from the transaction. It is reasonably foreseeable that Commerce Bank will realize a benefit or detriment as a result of the Council vote on the application for variance since the land in question is used as collateral on a loan which Commerce bank holds. Therefore, you have a "personal interest in the transaction" as defined under the Conflict of Interests Act. III. Disclosure Requirements of Section 2.1-639.14(E) Based on the fact that you have a personal interest in the transaction, §2.1-639.11(1) applies and you must disqualify yourself from participating in the transaction. You must disclose your personal interest in accordance with §2.1-639.14(E). Enclosed please find a written declaration form. You must file a signed written declaration with the Clerk of City Council, who shall retain and make this document available for public inspection for a period of five years from the date of recording or receipt. As a final note to any conflict of interest opinion, Sec. 2.1- 639.18(c) provides that a written opinion of the City Attorney made after a full disclosure of the facts, is advisory and admissible as evidence that the local officer did not knowingly violate the Act, while a favorable opinion of the Commonwealth's Attorney as the enforcing officer of the COIA, provides immunity from any alleged violation. If you choose to seek an opinion of the Commonwealth's Attorney, I will be pleased to assist you in that regard. Vice Mayor Robert E. Fentress -4- July 9, 1990 Please contact me should information. Enclosure LLL/abe you desire any additional Very truly yours, · ~ ~ · .~_~,/hr~~ Leslie L. Li~kley ...... city Attorney "~ - 26 - Item V-G.2.c. PLANNING ITEM # 33170 Michaelanne Beeman, 4813 South Oliver Drive, Phone: 363-0909, the applicant represented herself. Upon motion by Councilman Jones, seconded by Councilman Sessoms, City Council APPROVED the application of MICHAELANNE BEEMAN for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Michaelanne Beeman. Property is located at 2240 Greenwell Road. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. The following condition shall be required: 1. No further subdivision of this site shall be permitted. 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 July 9, 1990 - 27 - Item V-G.2.d. PLANNING ITEM # 33171 Wymer W. Manning, Project Engineer with Talbot and Associates, 2877 Guardain Lane, Phone: 340-0322, represented the applicant. Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of R. G. MOORE BUILDING CORPORATION AND ROUND HILL DEVELOPMENT CORPORATION for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION AND ROUND HILL DEVELOPMENT CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM PD-H2 TO P-1 ZO7901289 BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of R. G. Moore Building Corporation and Round Hill Development Corporation for a Change of Zoning District Classification from PD-H2 Planned Unit Development-Housing to P-1 Preservation District on parcels in the greenbelt areas of the subdivision of Glenwood located on the west side of Salem Road, 2100 feet more or less north of Elbow Road. Said parcels contain 75 acres. Plats with more detailed information are available in the Department of Planning. KEMSPVILLE BOROUGH. 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 Ninth of July, Nineteen Hundred and Ninety. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, 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 July 9, 1990 - 28- Item V-G.2.e. PLANNING ITEM # 33172 Senator Moody "Sonny" Stallings, represented the applicant Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council REMOVED FROM THE AGENDA an Ordinance upon application of JOSEPH L. EXUM, JR. for a Change of Zoning: ORDINANCE UPON APPLICATION OF JOSEPH L. EXUM, JR. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM P-1 TO B-2 Ordinance upon application of Joseph L. Exum, Jr. for a Change of Zoning District Classification from P-1 Preservation District to B-2 Community Business District on the west side of First Colonial Road, 201.4 feet south of Virginia Beach Boulevard. The parcel is located at 235 First Colonial Road and contains 5,730 square feet. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. The filing fees shall be refunded to the applicant. 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 This item was MOVED FROWARD on the PLANNING AGENDA. July 9, 1990 - 29 - I tern V-G. 2. f. P LANN I NG ITEM # 33173 Attorney James N. Pickrell, Princess Anne Court House, Phone: 427-2700, represented the applicant Howard Sipler, Real Estate Representative for Exxon Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of EXXON CORPORATION, a NEW JERSEY CORPORATION, for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EXXON CORPORATION, A NEW JERSEY CORPORATION FOR A CONDITIONAL USE PERMIT FOR GASOLINE PUMPS AND A CAR WASH IN CONJUNCTION WITH A CONVENIENCE STORE R07901320 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Exxon Corporation, a New Jersey Corporation, for a Conditional Use Permit for gasoline pumps and a car wash in conjunction with a convenience store on certain property located at the southeast corner of Wesleyan Drive and Broad Meadows Boulevard. Said parcel contains 32,234 square feet. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. No infiltration system will be allowed to be located under pavement. 2. If the soil conditions on-site will support the use of an infiltration system, location and construction of such a system may be compatible with submitted site design. If, however, soil conditions do not support infiltration, the final site plan must be modified to allow for a dry detention area. 3. In accordance with the City's Master Street and Highway Plan, a right-of-way reservation is required along the subject site's entire Wesleyan Drive frontage to provide for an ultimate six-lane divided arterial with a bikepath. An approximate 12-foot right-of-way reservation is required. 4. The sign shall be a monument type with shrubbery surrounding the base similar to the sign appearing on Exxon's General Booth Boulevard/London Bridge Road Location. This sign shall be a combination sign (designating the prices and Exxon name) and comply with the City Sign Ordinance, subject to Council Lady McClanan's concurrence July 9, 1990 - 30 - Item V-G.2. f. PLANNING ITEM ~ 33173 (Continued) 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 Ninth of Jul¥~ Nineteen Hundred and Ninety. Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Nancy K. Parker Council Members Absent: None July 9, 1990 - 31 - Item V-G.2.g. PLANNING ITEM # 33174 Frank Patterson, District Manager - Virginia Power, 525 First Colonial Road, Phone: 491-5257 Attorney R. J. Nutter, II, 4425 Corporation Lane, Phone: 671-6000, represented the Trammel Crown Residential, owner of the Chase Point Apartments, the adjacent apartment complex. Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application of VIRGINIA POWER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA POWER FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE RO7901321 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Power for a Conditional Use Permit for bulk storage on the north side of the Virginia Beach Toll Road, 500.86 feet west of First Colonial Road. Said parcel is located at 525 First Colonial Road and contains 2.422 acres. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. No vehicular maintenance, excluding minor unanticipated service shall be allowed on the portion of the property proposed for the conditional use permit. 2. No above-ground or underground storage tanks shall be allowed on the portion of the property proposed for the conditional use permit. 3. No PCB's may be stored or portion of the property conditional use permit. disposed of on the proposed for the 4. No above-ground structure, excluding fences, shall be constructed within 25 feet of the Western property line. 5. Applicant shall construct and maintain a solid wood fence meeting standards outlined in Landscaping, Screening and Buffering Specifications and Standards, and Category IV landscaping on the outside of the fence on the Western property line. All trees on the Western border required by the Category IV Landscaping Standard, to be located on fifteen (15) foot centers, shall have a minimum caliper of 3-1/2 inches. The Northern property line shall be landscaped with Category VI Landscaping. 6. Ail exterior lighting located on the Western boundary of the property proposed for the use permit shall be identical to the lighting provided by Virginia Power for its facility on Princess Anne Road near the intersection of Baxter Road. The balance of the exterior lighting shall be comparable to lighting on the Western boundary and in compliance with Section 228 of the CZO. July 9, 1990 - 32 - I tern V-G. 2. g. PLANNING ITEM # 33174 (Continued) 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 Ninth of July~ Nineteen Hundred and Ninety. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, 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 July 9, 1990 - 33 - Item V-G.2.h. PLANNING ITEM # 33175 Attorney R. B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicant Upon motion by Councilman Brazier, seconded by Councilman Jones, City Cuncil ADOPTED an Ordinance upon application of HILLHAVEN CORPORATION for a Conditional Use: ORDINANCE UPON APPLICATION OF THE HILLHAVEN CORPORATION FOR A CONDITIONAL USE PERMIT FOR A HOME FOR THE AGED AND FACILITIES R07901322 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Hillhaven Corporation for a Conditional Use Permit for a home for the aged and facilities on certain property located on the north side of Camelot Drive, 385 feet east of First Colonial Road. This parcel contains 4.69 acres. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. If engineering is feasible, a wet pond, to serve as a best management practice, shall be located along the Northern portion of the site, between the existing single-family neighborhood and the proposed nursing home. 2. Existing trees along the Northern property line shall remain. If existing trees do not provide the equivalent of Category IV screening, this buffer shall be supplemented with additional plantings. This determination shall be made by Landscape Services. 3. An automatic sprinkler system and automatic fire alarm is required and shall meet approval of the Fire Department and City Fire Protection Engineer. 4. A 50-foot buffer and a 150-foot building setback, as depicted on the site plan, are required. 5. A fence is to be constructed along the Northern property line. 6. Any outside lighting is to face inward away from the adjacent properties. 7. The height of this project is to be limited to two stories and the exterior shall be brick. Any detached air conditioning units are to be placed in close proximity to the proposed nursing home and away from the single family residences to the North in order to diminish noise impact on the neighborhood. July 9, 1990 - 34 - Item V-G.2. h. PL^NN I NG ITEM ~ 33175 (Continued) 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 Ninth of Jul¥~ Nineteen Hundred and Ninety. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, 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 July 9, 1990 - 35 - Item V-G.2. i. PLANNING ITEM # 33176 Upon motion by Councilman Lanteigne, seconded by Councilman Heischober, City Council DEFERRED until the City Council Session of August 14, 1990, an Ordinance upon application of CONTEL CELLULAR, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CONTEL CELLULAR, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER AND EQUIPMENT BUILDING Ordinance upon application of Contel Cellular, Inc. for a Conditional Use Permit for a communication tower and equipment building on the south side of Indian River Road, 1500 feet more or less west of Princess Anne Road. Said parcel contains 24,350.04 square feet more or less. More detailed information is available in the Department of Planning. PUNGO BOROUGH. This DEFERRAL will enable receipt of additional information for the Planning Department requested by Councilman Lanteigne. 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 This item was I~OVED FORWARD on the PLANNING AGENDA. July 9, 1990 - 36 - Item V-G.2.i. PLANNING ITEM # 33177 The following registered in SUPPORT: Geri C. Henry, Animal Care Resort, Inc., 3708 Landstown Road, Phone: 427-2506, distributed a reduced plan for the commercial kennel and boarding facilities and requested the application be referred back to the Planning Commission. Said plan is hereby made a part of the record. The following registered in OPPOSITION: Marilyn Kyle, 3716 North Landstown Road, Phone: 427-2803, represented adjacent Landstown homeowners. Mrs. Kyle read into the record a letter from Richard D. Tipps, Landstown Road resident, in OPPOSITION. Mrs. Kyle had previously delivered to City Council several letters from adjacent residents in OPPOSITION to the application. Said letters are hereby made a part of the record. Betty Wiser, 3724 Landstown Road Jean Callahan, 3697 Landstown Road A MOTION was made by Councilwoman McClanan, seconded by Councilman Heischober to REFER BACK TO THE PLANNING COMMISSION the application of ANIMAL CARE RESORT for a Conditional Use Permit for a commercial kennel and boarding facilities on the North side of Landstown Road, 1350 feet more or less East of Salem Road (3708 Landstown Road), containing 5.75 acres (PRINCESS ANNE BOROUGH). This MOTION was WITHDRAWN due to OPPOSITION requesting the application be heard today during the City Council Session of July 9, 1990. Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City Council DENIED the Ordinance upon application of ANIMAL CARE RESORT for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ANIMAL CARE RESORT FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL KENNEL AND BOARDING FACILITIES Ordinance upon application of Animal Care Resort for a Conditional Use Permit for a commercial kennel and boarding facilities on the north side of Landstown Road, 1350 feet more or less east of Salem Road. The parcel is located at 3708 Landstown Road and contains 5.75 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 7-4 Council Members Voting Aye: James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. 0berndorf, Nancy K. Parker Council Members Voting Nay: John A. Baum, Harold Heischober, Louis R. Jones and William D. Sessoms, Jr. Council Members Absent: None July 9, 1990 - 37 - Item V-G. 2.k. PLANNING ITEM # 33178 The following registered in SUPPORT: Jack Shelton, Engineer with Baldwin and Gregg Limited, 908 Chelmsford Court, Phone: 474-1998, represented the Kempsville Kingdom Hall of Jehovah's Witnesses. Earl Jacobs, 1416 Needham Court, Phone: 467-8515, Member of the Congregation, presently meeting in Oakgrove in Chesapeake, but are residents of Kemspville. The following registered in OPPOSITION: Alice Green, 1221 General Street, Phone: 420-0177, represented the Newlight Civic League Frank Deavours, 1129 Birnam Woods Drive, Phone: 424-7456, represented the residents and submitted recommended conditions. Reverend Thomas Jennings, 1325 Church Street, Phone: 424-5957 Letter in OPPOSITION from Mr. and Mrs. Lafayette Smith, 1373 Ferry Point Road, dated June 27, 1990, is hereby made a part of the record. Upon motion by Councilman Clyburn, seconded by Councilman Heischober, City Council DENIED an Ordinance upon application of KEMPSVII.LE CONGREGATION OF JEHOVAH'S WITNESSES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KEMPSVILLE CONGREGATION OF JEHOVAH'S WITNESSES FOR A CONDITIONAL USE PERMIT FOR A CHURCH Ordinance upon application of Kemspville Congregation of Jehovah's Witnesses for a Conditional Use Permit for a church on certain property located on the east side of Thompkins Lane, 1500 feet north of Indian River Road. Said parcel contains 2.832 acres. More detailed information is available in the Department of Planning. KEMPSVILLE BOROUGH. 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 July 9, 1990 - 38 - Item V-G.2.1. PLANNING ITEM # 33179 The following registered in SUPPORT: Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and advised this application is for an Infinity Automobile Dealership. Kenneth Hall, President - Tidewater Imports, Inc., represented himself. Billy Garrington, represented the applicant The following registered in OPPOSITION: Harold Pennington, 3041 Belle Haven Drive, Phone: 340-9819, represented the Belle Haven Subdivision. Mr. Pennington submitted a petition in OPPOSITION containing 55 signatures. Said petition is hereby made a part of the record. Mr. Pennington read into the record a report from Environmental Health. Mr. Pennington referenced his recording of the noise. Said recording is hereby made a part of the record. Jeff Cannon, 3032 Belle Haven Drive, Phone: 498-1771, resident of Belle Haven Upon motion by Councilman Brazier, seconded by Councilman Heischober, City Council DEFERRED until the City Council Session of August 14, 1990, an Ordinance upon application of TIDEWATER IMPORTS, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWATER IMPORTS, INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SERVICE Ordinance upon application of Tidewater Imports, Inc. for a Conditional Use Permit for motor vehicle sales and service on the north side of Virginia Beach Boulevard, 600 feet west of Kings Grant Road. Said parcel is located at 3152 Virginia Beach Boulevard and contains 4.5 acres. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. This DEFERRAL will enable further clarification by City Staff concerning AMENDED conditions. The volume of the radios shall be controlled within the repair facility. The blower on the car wash shall be enclosed or moved to eliminate some of the noise. Moving the car wash shall be given every possible consideration. There shall be no horn blowing in the area around the car wash. The anchor fence being the largest portion of the dealership is totally inadequate. Some type of sound attenuation wall, buffer or attractive wood fence might be placed on the fifteen-foot drainage easement between the residential area and the application. The City Attorney's office will investigate the possibility of placement of a fence on this easement. The applicant will also confer with the adjacent residents. July 9, 1990 - 39 - Item V-G.2.1. PLANNING ITEM # 33179 (Continued) 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 July 9, 1990 40- Item V-H. 1. RESOLUTIONS ITEM # 33180 The following registered in SUPPORT: Connie Long, Executive Director - Hampton Roads Chamber of Commerce - Virginia Beach, read a statement into the record in support of the Resolution Gerald S. Divaris, President - Central Business District Association, One Columbus Center, Suite 611, Phone: 490-7810. Lee Banks, 1901Jackfrost Road, Phone: 464-4023 Letter from Terrence P. Fahey, 505 General Gage Road, President - Pembroke Manor Civic League dated July 9, 1990, in SUPPORT of the Constitution Drive Flyover is hereby made a part of the record. William W. Fleming, 517 Gleneagle Drive, Phone: 499-6194 Michael Katsias, 4500 Holland Office Parkway, Phone: 490-3585, represented the Dr. Thomas Lane Stokes' Family and Stanley T. Yeskowski Families. Ed Hanson, 4913 Blackfoot Court, Phone: 497-9450, President of the Pocohontas Village Civic League The following registered in OPPOSITION: George Delano, 521 Buffer Drive, Phone: 497-6126, represented the Larkspur Civic League Roy W. Brun, 4500 Par Drive, Phone: 499-4342 Jahn Wallace Summs, 1468 Five Hill Trail, Phone: 431-1212 Douglas Salah, 3713 South Plaza Trial, Phone: 463-2768, represented the Princess Anne/Windsor Woods Civic League A motion was made by Councilman Clyburn, seconded by Councilman Sessoms to ADOPT a Resolution requesting the Commonwealth Transportation Board authorize the Virginia Department of Transportation to proceed with award of the contract for design of the Constitution Drive Project utilizing approved Alignment IA. Upon SUBSTITUTE MOTION by Councilman Jones, seconded by Councilman Lanteigne, City Council DEFERRED INDEFINITELY: Resolution requesting the Commonwealth Transportation Board authorize the Virginia Department of Transportation to proceed with award of the contract for design of the Constitution Drive Project utilizing approved Alignment IA. July 9, 1990 Item V-H.1. RESOLUTIONS - 41 - ITEM # 33180 Voting: 7-3 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members Voting Nay: Robert W. Clyburn, Nancy K. Parker and William D. Sessoms, Jr. Council Members Abstaining: Harold Heischober Council Members Absent: None ~+Councilman Heischober ABSTAINED as he may have an interest which might be effected by the Constitution Drive Alignment. This item was MOVED AFTER Item No. V-H.2. (Princess Anne Road Phase III Project). July 9, 1990 - 42 - Item V-H.2. RESOLUTIONS ITEM # 33181 Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council ADOPTED, AS REVISED: Resolution: That while the City Council does not agree with Department of Transportation action to rescind the limited access designation, it does realize that the priority of Princess Anne Road was number one in 1983 and continues to be of the highest priority so that there can be no further delay, the Council wishes the Virginia Department of Transportation to proceed immediately with construction on the Princess Anne Road Phase III Project as expeditiously as possible, and the Council will work with individual property owners to address access to the various properties while at the same time maintaining the maximum benefit in transportation and traffic flow possible. Voting: 9-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba $. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Nancy K. Parker Council Members Abstaining: Louis R. Jones Council Members Absent: None ~+Councilman Louis Jones ABSTAINED and declared pursuant to Section 2.1- 639.14(E) of the Code of Virginia, he owns land with a value in excess of $10,000.00, which is located along the Princess Anne Road Eastern Phase. Therefore, this interest meets the criteria of a personal interest in the transaction under the Conflict of Interest Act. Councilman Louis Jones' letter of July 9, 1990, is hereby made a part of the proceedings. This item was MOVED FORWARD prior to Item V-H.1. (Constitution Drive Alignment iA) July 9, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 RESOLUTION WHEREAS, the Virginia Department of Transportation has designed the Princess Anne Road Phase III, State Project 0165-134- 104, PE-102, RW202, RW203, C502, C503, for the City of Virginia Beach, Virginia, as an eight-lane divided, limited access arterial highway. WHEREAS, in a letter dated January 31, 1983, which was previewed by City Council and delivered to the Virginia Department of Transportation, five projects in the City of Virginia Beach were listed in their order of priority. Number one on that list was Princess Anne Road Phase III (Windsor Oaks Boulevard to Lynnhaven Parkway). WHEREAS, the Virginia Department of Highways and Transportation stats had indicated that they felt the project should be extended to Landstown Road to increase the scope of the project and to enhance the potential for a economic and scale benefit and to be more in line with the project they preferred "to undertake." WHEREAS, on March 16, 1983, the City Council of the City of Virginia Beach adopted a resolution accepting the willingness of the Virginia Department of Highways to adopt Princess Anne Road III as a priority project and to program it in its 6-year plan. WHEREAS, the Virginia Beach City Council accepted its responsibility for participation in this project. WHEREAS, on March 28, 1988, the City Council of the City of Virginia Beach requested that the Virginia Department of Highways design and construct Princess Anne Road as a limited access facility from the Ferrell Parkway interchange to Landstown Road. WHEREAS, at that time, the Council discussed and addressed what controlled access, no restrictions, and limited access would mean. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 WHEREAS, on October 31, 1988, by Resolution the Council unanimously approved the design features of Princess Anne Road Phase III as presented at a Public Hearing, and further requested the Virginia Department of Transportation to acquire all necessary rights-of-way for the project. WHEREAS, the Agenda Request on October 31, 1988, indicated that the Department of Transportation was "sensitive to the citizens' access concerns and the City's concerns about maintaining this corridor as a limited access urban arterial. The VDOT further expressed its intention in carrying out the City's wishes". WHEREAS, the Virginia Department of Transportation opened bids for construction of the Princess Anne Road Phase III, RW202, C502, western phase of the project on January 24, 1990. The western phase extends from the project's intersection with Windsor Oaks Boulevard to its intersection with Independence Boulevard, a distance of approximately 1.25 miles. WHEREAS, the City of Virginia Beach, Virginia, has consented to award of a contract by the Virginia Department of Transportation to English Construction Company, Inc., for construction of Princess Anne Road Phase, RW202, C502, as a limited access arterial highway, and to participate in the costs necessary for acquisition of rights-of-way and construction, as witnessed by execution of the City/State Agreement between the City of Virginia Beach, Virginia, and the Virginia Department of Transportation on June 18, 1990. WHEREAS, the Virginia Department of Transportation has informed the City of Virginia Beach, Virginia, on June 18, 1990, that an increase in the total project cost is anticipated due to current acquisition costs for rights-of-way for the western phase of the Princess Anne Road Phase III project. WHEREAS, the Virginia Department of Transportation in consideration of the assessed right-of-way costs, has indicated that it wishes to rescind the limited access designation for the 2 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Princess Anne Road Phase III project and will proceed to do that at its July, 1990, meeting WHEREAS, the City Council continues to reaffirm its belief in the concept of limited access arterial highways for improved transportation and traffic flow; WHEREAS, the Virginia Beach City Council also recognizes that this Princess Anne Road Phase III Road project has not been acted upon by the Virginia Department of Transportation since 1983; and WHEREAS, the State Highway Department has not shared its information concerning acquisition costs and damages with the City of Virginia Beach, and while the City Council would prefer to see this Road as a limited access road, the Council realizes the need to move ahead with this project; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That while the City Council does not agree with the Virginia Department of Transportation action to rescind the limited access designation, it does realize that the priority of Princess Anne Road was number one in 1983 and continues to be of the highest priority so that there can be no further delay, the Council wishes the Virginia Department of Transportation to proceed immediately with construction on the Princess Anne Road Phase III project as expeditiously as possible, and the Council will work with individual property owners to address access to the various properties while at the same time maintaining the maximum benefit in transportation and traffic flow possible. Adopted by the Council of the City of Virginia Beach, Virginia, on this 9 day of 3uly , 1990. CA-3871 PARI I I. RES R-2 LESLIE L. LILLEY CITY ATTORNEY City of Virginia MUNICIPAL CENTER VIRGINIA BEACH, VA 23456-9004 (804) 427-4531 July 9, 1990 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to §2.1-639.14(E), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, §2.1- 639.14(E), Code of Virginia, I make the following declaration: The transaction for which I am executing this written disclosure is the resolution on Princess Anne Road Phase III. The nature of my personal interest is I own land with a value in excess of $10,000.00 which is located along the Princess Anne Road Eastern Phase. The resolution on Princess Anne Road Phase III has a reasonably foreseeable direct or indirect benefit or detriment on my property in the Eastern Phase. The City Attorney has advised me that I am required to disclose this interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act. I wish to disclose this interest and declare that I am disqualified from participation in voting on the resolution. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely,/ /abe enclosure LESLIE L. LILLEY CITY ATTORNEY City o£ Vil-ginia MUNICIPAL CENTER VIRGINIA BEACH, VA 23456-9004 (804) 427-453! July 9, 1990 Councilmember Louis Jones Municipal Center Virginia Beach, Virginia 23456 Re: Request for Conflict of Interests Act Opinion: Resolution concerning Princess Anne Road Phase III Dear Mr. Jones: I am writing in response to your request for an opinion as to whether you may participate in discussions and vote on the resolution concerning Princess Anne Road Phase III. Summary Conclusion: From my review of the Conflict of Interests Act and the information provided by you as referenced below, I am of the opinion that you have a personal interest in a transaction of the Virginia Beach city Council concerning the resolution on Princess Anne Road Phase III as a result of your ownership of land located in the Eastern Phase of the Princess Anne Road project. Therefore, since your land may realize a reasonably foreseeable benefit or detriment as a result of this transaction, it is my opinion that you are disqualified from participating in or voting on the transaction. I have set out the disclosure requirements of §2.1- 639.14(E) at the end of this letter. I base the aforesaid conclusions on the following facts and discussions. Facts Presented: Your request for an advisory opinion is generated by the resolution concerning Princess Anne Road Phase III which is currently scheduled on the agenda for July 9, 1990. You have advised that your area of concern with respect to the resolution Councilmember Jones -2- July 9, 1990 is that you own 38.6 acres of property at the southeast corner of Princess Anne Road and Landstown Road. The property is valued in excess of $10,000.00. The land is currently in use as a cemetary. While your property is not within the boundaries of the Phase III project, it is located within the boundaries of what is considered the Eastern Phase of the overall Princess Anne Road project. The resolution on Council's agenda for July 9th deals with consideration of altering the design of the project by eliminating the limited-access designation thereby permitting abutting property owners direct access to the highway. I have been informed by the Department of Public Works that this decision will affect the entire boundaries of the Princess Anne Road project. Additionally, I am informed that an entrance to your property may be eliminated with other indirect access provided under the current limited- access design~ A change of designation may have an affect on the design as it affects your property. Issue: Are you precluded from participating in the discussion and voting on the resolution concerning Princess Anne Road Phase III because of your ownership of property on Princess Anne Road in the Eastern Phase? Discussion: I. Applicable Definitions: A. city Council is a governmental agency, as it is a legislative branch of local government as defined in §2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act. B. You are an officer within the meaning of §2.1-639.2 of the above-referenced Act. C. The resolution to be voted on by city Council is a ,'transaction" as defined by the Act. The Act defines a transaction as "any matters considered by any...governmental agency on which official action is taken or contemplated." §2.1-239.2. D. "Personal interest" is defined in §2.1-639.2 as being a financial benefit or liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3% of the total equity of the business 2) annual income from ownership in real or personal property or a business in excess of $10,000.00 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually 4) ownership of real or personal Councilmember Jones -3- July 9, 1990 property when the interest exceeds $10,000.00 in value, exclusive of ownership in a business, or salary 5) personal liability incurred or assumed on behalf of a business which exceeds 3% of the asset value of the business. E. §2.1-639.2 defines a "personal interest in the transaction" as existing when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. II. Application of Definitions and Prohibitions: A. Personal Interest A "personal interest" exists by reason of one of five specified categories, as noted above in the definition of "personal interest". Specifically, my review of those categories and the facts presented indicate that you have a personal interest in your property located on Princess Anne Road by virtue of the fact that its value is in excess of $10,000.00. Therefore you have a personal interest as defined under the Conflict of Interests Act. B. Personal Interest in the Transaction Under the definition of §2.1-639.2 you have a "personal interest in the transaction" by virtue of a personal interest in property, as defined above, which may receive a reasonably foreseeable direct or indirect benefit or detriment from the transaction. It is clear from the facts presented that the decision made concerning Phase III will have a direct affect on the city's decisions concerning the Eastern Phase. Therefore, it is reasonably foreseeable that the resolution on Phase III will create a direct or indirect benefit or detriment to your personal interest. III. Disclosure Requirements of Section 2.1-639.14(E) Based on the fact that you have a personal interest in the transaction, §2.1-639.11 applies. Since the Act states that its provisions are to be liberally construed, I do not find that either of the exceptions to disqualification apply. These exceptions are for a member of a group, §2.1-639.11(2) or for situations where the public is generally affected, §2.1-639.11(3). Therefore I advise you to disqualify yourself from participating in the transaction. You must disclose you personal interest in accordance with §2.1-639.14(E). Enclosed please find a written Councilmember Jones -4- July 9, 1990 declaration form. You must file a signed written declaration with the Clerk of City Council, who shall retain and make this document available for public inspection for a period of five years from the date of recording or receipt. As a final note to any conflict of interest opinion, Sec. 2.1- 639.18(c) provides that a written opinion of the City Attorney made after a full disclosure of the facts, is advisory and admissible as evidence that the local officer did not knowingly violate the Act, while a favorable opinion of the Commonwealth's Attorney as the enforcing officer of the COIA, provides immunity from any alleged violation. If you choose to seek an opinion of the Commonwealth's Attorney, I will be pleased to assist you in that regard. Please contact information. me should you desire any additional Very truly yours, City Attorney Enclosure LLL/abe - 43 - Item V-H. 3. RESOLUTIONS ITEM # 33182 Upon motion by Councilman Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Resolution to pursue lease-purchase financing of the Judicial Center and approval of the underwriters re the sale of the Certificates of Participation. 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, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf~ WCouncilwoman McClanan ABSTAINED and declared pursuant to Section 2.1-639.14(E) of the Code of Virginia, her son is employed by Shearson-Lehman Trust, wholly owned subsidiary of Shearson Lehman Hutton and earns in excess of $10,000.00 annually. Therefore, this interest meets the criteria of a personal interest in the transaction under the Conflict of Interest Act. This resolution entails pursuing lease-purchase financing of the Judicial Center and appointing Shearson Lehman Hutton as underwriters. Councilwoman McClanan's letter of July 9, 1990, is hereby made a part of the proceedings. ~+~+Mayor Oberndorf had to leave at 7:45 P.M. to deliver an address at Virginia Wesleyan College for the Lions Club International Youth Camp. July 9, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 RESOLUTION TO PURSUE LEASE-PURCHASE FINANCING OF JUDICIAL CENTER AND APPROVAL OF UNDERWRITERS WHEREAS, the City Council of the City of Virginia Beach, Virginia (the "City"), on June 8, 1987, expressed its intent to construct a judicial center (the "Project")~ and WHEREAS, the City Council now determines that it is in the best interest of the City to proceed with the construction of the Project; and WHEREAS, the City Council has considered various alternatives to finance the Project and has determined to proceed with the financing of the Project through a lease agreement with a third party and issuance of certificates of participation (the "Certificates") in that lease agreement, to be sold by a group of underwriters; and WHEREAS, after advertising for and reviewing applications of investment banking firms and interviewing certain investment banking firms, the City Manager and the staff of the Department of Finance, upon consultation with representatives of Government Finance Associates, Inc. and Government Finance Research Center, the "Financial Advisors" of the City, have determined that it is in the best interest of the City to appoint Shearson Lehman Hutton Inc., Craigie Incorporated, Legg Mason Wood Walker, Inc. and Wheat, First Securities, Inc. as underwriters (the "Underwriters") of the Certificates; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Manager, the staff of the Department of Finance and the City Attorney are hereby authorized to proceed with the development of the lease-purchase financing of the Project and the issuance of the Certificates in connection with such financing. 2. Shearson Lehman Hutton Inc., Craigie Incorporated, Legg Mason Wood Walker, Inc. and Wheat, First Securities, Inc. are hereby appointed as the Underwriters. Shearson Lehman Hutton Inc. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 is appointed the book-running senior manager and Craigie Incorporated, Legg Mason Wood Walker, Inc. and Wheat, First Securities, Inc. are appointed as co-managers. 3. The City Manager and the staff of the Department of Finance are hereby authorized to appoint a selling group of additional underwriters to assist the Underwriters in the sale of the Certificates. 4. This resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach on the 9 day of July , 1990. CA-3865 R-2 Ordin\Noncode \ Judicial. Res APPRJ~VED A,~ TO CONTENTS SIGNATURE DFPARTMENI' APPROVE[~) A: T:D LEGAL SUFFIC:ENC~ .,,:.i;., rr©.RM_ 2 LESLIE L. LILLEY CITY A'I-I'ORNEY City of Virginia Beach MUNICIPAL CENTER VIRGINIA BEACH, VA 23456-9004 (804) 4274531 July 9, 1990 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to §2.1-639.14(E), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, §2.1- 639.14(E), Code of Virginia, I make the following declaration: The transaction for which I am executing this written disclosure is the resolution to pursue lease-purchase financing of the Judicial Center and to appoint Shearson Lehman Hutton as underwriters. The nature of my personal interest is my son is employed by Shearson-Lehman Trust a wholly owned subsidiary of Shearson Lehman Hutton and earns in excess of $10,000.00 annually. 3. Shearson Lehman Hutton is the subject of the transaction. The City Attorney has advised me that I am required to disclose this interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act. I wish to disclose this interest and declare that I am disqualified from voting on the resolution to pursue lease-purchase financing of the Judicial Center and to appoint Shearson Lehman Hutton as underwriters. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have Mrs. Ruth Hodges -2- July 9, 1990 enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, Reba McClanan Councilmember nM/abe enclosure LESLIE L. LILLEY cFrf A3-rORNEY MUNICIPAL CENTER VIRGINIA BEACH, VA 23456-9004 (804) 42L4531 July 9, 1990 Councilmember Reba McClanan Municipal Center Virginia Beach, Virginia 23456 Re: Request for Conflict of Interests Act Opinion: Appointment of Shearson Lehman Hutton as Underwriters for Lease-Purchase Financing of Judicial Center Dear Mrs. McClanan: I am writing in response to your request for an opinion as to whether you may participate in the City Council appointment of Shearson Lehman Hutton as underwriter for the lease-purchase financing of the judicial center. Summary Conclusion: From my review of the Conflict of Interests Act and the information provided by you as referenced below, I am of the opinion that you have a personal interest in the above-referenced transaction of the Virginia Beach City Council by virtue of your son's employment with Shearson-Lehman Trust. Therefore, since Shearson Lehman Hutton is the subject of the transaction, it is my opinion that you are disqualified from participating in the transaction to appoint them as an underwriter for the judicial center financing. I have Set out the disclosure requirements of §2.1-639.14(E) at the end of this letter. I base the aforesaid conclusions on the following facts and discussions. Facts Presented: Your request for an advisory opinion is generated by your son's summer employment with Shearson-Lehman Trust. You advise that your son will earn more than $10,000.00 during the course of Councilmember McClanan -2- July 9, 1990 the year through his employment with Shearson-Lehman Trust. For the purposes of this opinion, I have assumed your son resides in your household and is a dependent. Additionally, I am informed that Shearson-Lehman Trust is a wholly owned subsidiary of Shearson Lehman Hutton. Issue: Are you precluded from participating in the discussion and voting on the appointment of Shearson Lehman Hutton as an underwriter for the judicial center project because of your son's employment by Shearson-Lehman Trust? Discussion: I. Applicable Definitions: A. City Council is a governmental agency, as it is a legislative branch of local government as defined in §2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act. B. You are an officer within the meaning of §2.1-639.2 of the above-referenced Act. C. The Act defines a transaction as "any matters considered by any...governmental agency on which official action is taken or contemplated." §2.1-239.2. D. "Personal interest" is defined in §2.1-639.2 as being a financial benefit or liability which accrues to an officer or to an immediate family member. The interest exists by reason of one of five categories specified therein, one of which is a salary paid or provided by a business that exceeds $10,000.00 annually. E. A "personal interest in the transaction" means a personal interest, as defined above, in any matter considered by an officer's agency. It is further defined in §2.1-639.2 as existing "when an officer...or a member of his immediate family has a personal interest in property or a business...and such property [or] business...(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the action of the agency considering the transaction." F. "Immediate family means (i) a spouse and (ii) any other person residing in the same household as the officer...who is a dependent of the officer...or of whom the officer...is a dependent." Councilmember McClanan -3- July 9, 1990 G. "Dependent means a son...if such person receives from the officer...or provides to the officer...more than one-half of his financial support." II. Application of Definitions: A. Personal Interest In the facts presented, your son has a personal interest in Shearson-Lehman Trust because he receives in excess of $10,000.00 annual salary from the business. Your son's interest is imputed to Shearson Lehman Hutton as the parent corporation to Shearson- Lehman Trust.1 B. Personal Interest in the Transaction Since your son has a personal interest, as defined above, and he is a member of your immediate family, you have a "personal interest in the transaction" because Shearson Lehman Hutton is the subject of the transaction before the City Council. III. Disclosure Requirements of Section 2.1-639.14(E) Based on the fact that you have a "personal interest in the transaction", §2.1-639.11(1) applies and you must disqualify yourself from participating in the transaction to make Shearson Lehman Hutton an underwriter for the judicial center project. You must disclose your personal interest in accordance with §2.1- 639.14(E). Enclosed please find a declaration form. You must make disclosure of the existence of your interest to the Clerk of City Council, and such disclosure shall be reflected in the public records of the council for five years. Such disclosure may be made verbally in public session or by filing the enclosed form. As a final note to any conflict of interest opinion, §2.1- 639.18(c) provides that a written opinion of the City Attorney made after a full disclosure of the facts, is advisory and admissible as evidence that the local officer did not knowingly violate the Act, while a favorable opinion of the Commonwealth's Attorney as the enforcing officer of the COIA, provides immunity from any alleged violation. If you choose to seek an opinion of the Commonwealth's Attorney, I will be pleased to assist you in that regard. 1See 1983-84 Report of the Attorney General 51. Councilmember McClanan -4- July 9, 1990 Please contact me should you desire any additional information. Enclosure LLL/abe Very truly yours, '~eslie L. Lil~I-ey._~ City Attorney - 44 - Item V-H.4. RESOLUTIONS ITEM # 33183 James E. Lindsey, Sr., 865 Newtown Road, Phone: 497-4633, represented himself Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED: Resolution authorizing the enlargement of a nonconforming use at 865 Newtown Road, in behalf of James E. Lindsey, Sr. (BAYSIDE BOROUGH). The following conditions shall be required; 1. The existing dwelling shall be inspected by an official of the Code Enforcement Division of Housing and Neighborhood Preservation and any infractions shall be replaced or repaired to minimum housing standards. 2. Only family members of the business owners shall occupy the residence. 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, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera~E. Oberndorf July 9, 1990 1 2 3 4 /A~_.PROVED AS TO CONTENI:~-. SIGNATLI~E DEPARTMENT 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, James E. Lindsey, Sr. (hereinafter referred to as the applicant) is the owner of a certain structure, consisting of 3,615 square feet, located at 865 Newtown Road, in the Borough of Bayside; and WHEREAS, 1,118 square feet of such structure is utilized as offices, and the remaining 2,497 square feet is utilized as a single-family dwelling; and WHEREAS, such property is Community Business Zoning District; and located within the B-2 WHEREAS single-family dwellings are not permitted principal or conditional uses within the B-2 Community Business Zoning District, such that the single-family dwelling upon the property is a nonconforming use; and WHEREAS, the applicant has made proper application for authorization to expand the single-family dwelling upon the property by adding a one-story addition encompassing approximately 360 square feet of area; and WHEREAS, the applicant desires to add the aforesaid area so as to accommodate an additional family member, and does not desire to change the use of such dwelling; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the aforesaid dwelling, as enlarged, would be equally appropriate to the district as is the existing dwelling, as required by Section 105(d) of the City Zoning Ordinance. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 That James E. Lindsey, Sr. be, and hereby is, authorized to enlarge the existing single-family dwelling located upon the property at 865 Newtown Road· subject to all applicable building codes and to the following conditions: 1. The enlargement of the dwelling shall be in accordance with the plans submitted by the applicant in connection with this application; 2. The applicant shall permit an inspector of the Code Enforcement Division of the Department of Housing and Neighborhood dwelling and, if housing codes are Adopted by the City Council of Virginia, on the 9 day of 3uly Preservation to inspect the any violations of applicable found, the applicant shall promptly correct or remedy such violations; and The single-family dwelling shall not be occupied by persons other than members of the family of the owners of the business located upon the property. the City of Virginia Beach, · 1990. CA-3846 Noncode \ Lindsey. res R-1 - 45 - Item V-I. CONSENT AGENDA ITEM # 33184 Upon motion by Councilman Baum, seconded by Councilman Clyburn, City Council APPROVED in ONE MOTION Items 2, 3, 4, 5, 6, 7a. and 8 of the CONSENT AGENDA. Item 1 and 7b. were pulled for a separate vote. 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, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf July 9, 1990 - 46 - Item V-I. 1 CONSENT AGENDA ITEM # 33185 Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council Resolution authorizing the Treasurer of the City of Virginia Beach, Virginia, to invest bond proceeds and related funds in the State Non-Arbitrage Program. 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 Nancy K. Parker Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf Councilman Sessoms ABSTAINED as Central Fidelity Bank in Richmond, Virginia is a DEPOSITORY for the SNAP Program. July 9, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 A RESOLUTION AUTHORIZING THE TREASURER OF THE CITY OF VIRGINIA BEACH, VIRGINIA TO INVEST BOND PROCEEDS AND RELATED FUNDS IN THE STATE NON-ARBITRAGE PROGRAM BE IT RESOLVED by the Council of the City of Virginia Beach, Virginia, as follows: 1. The Council of the City of Virginia Beach ("Council") hereby finds and determines that (a) the Council has been provided a copy of (i) the Information Statement dated May 1, 1990 describing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and (ii) the Contract creating the State Non-Arbitrage Program Pool I ("SNAP Pool I"), and (b) the city has been afforded the opportunity to discuss SNAP with the Investment Manager and Special Counsel to SNAP, and the Council has determined that it is in the best interests of the City of Virginia Beach to authorize the Treasurer of the City of Virginia Beach to participate in SNAP. 2. The Contract is hereby approved. 3. The Council acknowledges that its decision to authorize the participation in SNAP is based solely on -the information set forth in the Information Statement and in the Contract, and the Council hereby acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the city of Virginia Beach in connection with SNAP, except as otherwise provided in the Contract. 4. This resolution shall take effect immediately upon its adoption. Adopted this 9 day of 3uly , 1990. CA-3856 R-1 NoncodekArbitrage. Res - 47 - Item V-I. 2 CONSENT AGENDA ITEM # 33186 Upon motion by Councilman Baum, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 1-9 of the Code of the City of Virginia Beach, Virginia, re classification of and penalties for violations; continuing violations. 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, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf July 9, 1990 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND AND REORDAIN SECTION 1-9 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO CLASSIFICATION OF AND PENALTIES FOR VIOLATIONS; CONTINUING VIOLATIONS. 8 9 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 1-9 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 1-9. Classification of and penalties for violations; continuing violations. (a) Whenever in this Code or any other ordinance of the City it is provided that a violation of any provision thereof shall constitute a Class 1, 2, 3 or 4 misdemeanor, such violation shall be punished as follows: (1) Class 1 misdemeanor: By a fine of not more than one thousand dollars ($1,000.00), or by confinement in jail for not more (2) than twelve (12) confinement. Class 2 misdemeanor: months, or by both such fine and By a fine of not more than fivc kun~rc~ ~cllar: one thousand dollars ($1,000.00) or by confinement in jail for not more than six (6) months, or by both such fine and confinement. (3) Class 3 misdemeanor: By a fine of not more than five hundred dollars ($500.00). (4) Class four misdemeanor: By a fine of not more than cnc ~,,~ ~--11~m ~hn nn~ tWO hundred fifty dollars ($250.00). (b) Whenever in any provision of this Code or in any other ordinance of the City any act is prohibited or is made or declared to be unlawful or an offense or misdemeanor, or the doing of any act is required, or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided for the violation of such provision and such violation 37 38 39 40 41 42 is not described as being of a particular class of misdemeanor, such violation shall constitute a Class 1 misdemeanor and be punished as prescribed in subsection (a)(1) above. (c) Each day any violation of this Code or any other ordinance shall continue shall constitute a separate offense, except where otherwise provided. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia on the 9 day of July , 1990. 45 46 47 48 CA-03794 \ordin\proposed\01-009.pro R-1 R-2 2 - 48 - Item V-I.3 CONSENT AGENDA ITEM # 33187 Upon motion by Councilman Baum, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 25-8 of the Code of the City of Virginia Beach, Virginia, re pawnbrokers records. 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, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf July 9, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 AN ORDINANCE TO AMEND AND REORDAIN SECTION 25-8 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PAWNBROKER'S RECORDS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 25-8 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 25-8. Pawnbroker's records. (a) Every pawnbroker shall keep at his place of business a book or books, in which shall be fairly written in English, at the time of each loan or transaction in the course of his business, an accurate and legible account recorded at the time of such loan or transaction, setting forth: (1) A description, (serial number and statement of ownership) of goods, article or thing pawned or pledged or received on account of money loaned thereon; (2) The date, time and place of receiving the same; (3) The amount of money loaned thereon at the time of pledging the same~ (4) The rate of interest to be paid on such loan; ...... ~ ............ parson; The full name, residence address, work place, and home and work telephone numbers of the person pawning or pledging the goods, article or thing, together with a particular description, including the height, weight, date of birth, race, gender, hair and eye color, and any other identifying marks of such person. (6) Verification of the identification by the exhibition of a government-issued identification card such as a driver's license or military identification card. The record shall 34 35 36 37 38 39 40 41 42 43 44 45 46 47 contain the type of identification exhibited, the issuing agency, and the number thereon; (6!) The terms and conditions of the loan, including the period for which any such loan may be made; and (~) All other facts and circumstances respecting such loan. The chief of police shall promulgate regulations specifying the nature of the particular description for the purposes of (5) above and he shall promulgate regulations specifying the nature of identifying credentials of the person pawning or pledging the goods. Such credentials shall be examined by the pawnbroker and an appropriate record retained thereof. (b) The book or books required to be kept by this section shall, at all reasonable times, be open to inspection by the judges of the criminal courts and all law-enforcement officers. 48 49 50 51 52 53 Adopted by the Council of the City of Virginia Beach, Virginia on the 9 day of 3uly , 1990. WEB/ccm 6/8/90 CA-03788 ~ordin\proposed~25-008.pro 2 - 49 - Item V-I. 4 CONSENT AGENDA ITEM # 33188 Upon motion by Councilman Baum, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing acquisition of property in fee simple for Kempsville Suction - Phase I Water Project (CIP 5-938); and, the acquisition of temporary and permanent easements either by agreement or condemnation. 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, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf July 9, 1990 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR KEMPSVILLE SUCTION - PHASE I WATER PROJECT (CIP 5-938) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important project for public purposes and for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFQRE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to proceed with immediate negotiation with the property owner(s) to acquire by purchase or condemnation pursuant to Sections 15.1-898, 25-46.1 et seq., and 33.1-89, et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right of way as shown on the plans entitled "KEMPSVILLE SUCTION MAIN, PHASE I WATER SYSTEM IMPROVEMENTS," (CIP 5-938) these plans being on file in the Office of Real Estate Department of Public Utilities, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, a reasonable offer to the owner(s) or person(s) having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property, time being of the essence. That an emergency is hereby declared to exist and this 32 ordinance shall be in force and effect from the date of its 33 34 35 36 37 38 39 adoption. Adopted by the council of the City of Virginia Beach, Virginia, on the 9 day of 3uly , 1990. JAR/rab 06/14/90 CA90-3796 \ordin\noncode\kemp.ord - 50 - Item V-I. 5 CONSENT AGENDA ITEM # 33189 Upon motion by Councilman Baum, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing the City Manager to apply for and accept Indoor Plumbing Grant funds; and, enter into a Grant Agreement with the Virginia Department of Housing and Community Development. 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, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. 0berndorf July 9, 1990 ORDINANCE TO AUTHORIZE THE CITY MANAGER TO APPLY FOR AND ACCEPT INDOOR PLUMBING GRANT FUNDS WHEREAS, the Commonwealth of Virginia, Department of Housing and Community Development has issued a Notice of Funding Availability and. Request for Proposals under the Indoor Plumbing Program, and WHEREAS, assistance is needed to effectively and adequately address the indoor plumbing needs of the low-income, rural population to be served by the Department of Housing and Neighborhood Preservation in our service area of the City of Virginia Beach, and WHEREAS, an application for a grant under this program will be prepared, and WHEREAS, the Department of Housing and Neighborhood Preservation agrees to provide Indoor Plumbing Program services to those in need in conformance with the regulations and guidelines of this State Program, and NOW, THEREFORE, be it ordained by the Council of the city of Virginia Beach that the City authorizes Aubrey V. Watts, Jr., City Manager, to apply for and accept the grant and enter into a Grant Agreement with the Department of Housing and Community Development and undertake any and all actions and responsibilities in relation to such Agreement. Approved as to contents: Approved as to legal form: Housing and Neighborhood Pres. Ci~ttorney / / DOPTED: July 9, 1990 - 51 - Item V-I.6 a.b. CONSENT AGENDA ITEM # 33190 Upon motion by Councilman Baum, seconded by Councilman Clyburn, City Council ADOPTED, upon SECOND READING: Ordinance to ACCEPT and APPROPRIATE community gifts totalling $44,428.56 re additional prenatal care programs for the Health Department. AND, Ordinance to APPROPRIATE $169,522 to the FY 1990- 1991 Operating Budget of the Police Department for the purchase of a second helicopter. 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, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf July 9, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO ACCEPT AND APPROPRIATE GIFTS FROM THE COMMUNITY TOTALLING $44,428 FOR PRENATAL CARE PROGRAMS WHEREAs, potential reductions in prenatal care earlier in this year led various community groups to offer financial assistance to allow continuation of prenatal services to needy residents of Virginia Beach, WHEREAS, these donations have now been received by the Treasurer of Virginia Beach in amounts totalling $44,428, WHEREAS, discussions with the donors, Tidewater Health Care and Father Dale's Coalition for Prenatal Care, have indicated that they wish these funds to be used to provide prenatal services to eligible residents whose needs are unserved with currently available state cooperative health resources, WHEREAS, these gifts require no match of city funds nor do they create an obligation on the part of the city to provide resources to continue such services after FY 90-91, NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that community donations in the amount of $44,428.56 be accepted and appropriated to the Health Department to provide additional prenatal care on a contractual basis and that estimated revenue from donations be increased by $44,428. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of July, 1990. First Reading Second Reading July 2, 1990 July 9, 1990 1 2 3 AN ORDINANCE TO APPROPRIATE $169,522 TO THE FYg0-91 OPERATING BUDGET OF THE POLICE DEPARTMENT FOR THE PURCHASE OF A SECOND HELICOPTER 4 5 6 WHEREAS, it is advantageous to the city to acquire a second helicopter for use during times of maintenance and repair, reduce demand on the single unit and provide supplemental aerial support during times of peak demand; 7 8 9 10 WHEREAS, an opportunity has arisen that will allow the city to purchase a second helicopter at an estimated cost for FY90-91 of $169,522 including insurance, with subsequent annual lease-purchase payments of $45,322 through FY95-96; 11 12 13 14 WHEREAS, there are sufficient funds available for the FY90-91 amount from the U. S. Department of Justice Drug Enforcement Agency as the city's share of proceeds from confiscated money and property as a result of narcotics investigations; 15 16 WHEREAS, the balance of these shared proceeds are available for acquisition of the communications enhancement equipment for the resort area; 17 18 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $169,522 from the DEA Shared Proceeds Program be appropriated to the FYg0-91 Budget of the Police Department for the first year's costs associated with the acquisition of a second helicopter; 21 22 BE IT FURTHER ORDAINED that the balance of the DEA Shared Proceeds be used for acquisition of the communications enhancement equipment at the resort area; 23 24 BE IT FURTHER ORDAINED that estimated revenues from the federal government be increased correspondingly. 25 26 Adopted the 9 day of July , Virginia Beach, Virginia 1990, by the Council of the City of 27 28 29 This ordinance shall be in effect on July 1, 1990. First Reading: Second Reading: July 2, 1990 July 9, 1990 - 52 - Item V-I. 7.a. CONSENT AGENDA ITEM # 33191 Upon motion by Councilman Baum, seconded by Councilman Clyburn, City Council ADOPTED: $80,000 from the FY 1990-1991 recycling reserve to the Public Works Solid Waste Collection Unit (10312) re establishing twenty drop-off recycling centers. 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, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf July 9, 1990 1 2 3 AN ORDINANCE TO TRANSFER $80,000 FROM THE FY 1990-1991 RECYCLING RESERVE TO THE PUBLIC WORKS SOLID WASTE COLLECTION UNIT (10312) FOR THE PURPOSE OF ESTABLISHING TWENTY DROP-OFF RECYCLING CENTERS WHEREAS, to provide recycling options to the citizens of Virginia Beach not covered under the Southeastern Public Service Authority's Curbside Recycling Pilot Program, the Solid Waste Division of the Public Works Department is establishing twenty drop-off recycling centers throughout the city; 8 9 10 11 WHEREAS, the establishment of these centers requires the acquisition of "igloo" recycling containers where residents can place materials to be recycled by the type of material (i.e., glass, plastics,, and aluminum) and the retro-fitting of existing solid waste vehicles to handle the new containers; 12 13 14 WHEREAS, the estimated cost of establishing this program is $80,000 and the funding is available in the Recycling Reserve established by City Council in the FY 1990-1991 Operating Budget. 15 16 17 18 19 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that $80,000 be transferred from the FY 1990-1991 Operating Budget Recycling Reserve to the Public Works Solid Waste Collection Unit (10312) for the purpose of establishing twenty drop-off recycling centers throughout the city. 2O This ordinance shall be effective from the day of its adoption. 21 Adopted on this day July 9._. , 19.90. - 53 - Item V-I.7.b. CONSENT AGENDA ITEM # 33192 The City Clerk referenced the letter from the Chamber of Commerce dated July 3, 1990, providing additional information relative the Chamber proposed co- sponsorship with the City on the up-coming commissioning of the Tortuga (LSD 46) on November 17, 1990. Said letter is hereby made a part of the record. Upon motion by Councilman Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to transfer $25,000 from the FY 1990-1991 General Fund Reserve for Contingencies to provide for the City's participation in the commissioning of the USS Tortuga (LSD 46). Voting: 5-4 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones and William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Paul J. McClanan and Nancy K. Parker Lanteigne, Reba S. Council Members Abstaining: Harold Heischober Council Members Absent: Mayor Meyera E. Oberndorf Councilman Heischober ABSTAINED as he is working with the Military Affairs Committee which will be arranging the Commissioning of the USS Tortuga (LSD 46). July 9, 1990 AN ORDINANCE TO TRANSFER $25,000 FROM THE FY 1990-1991 GENERAL FUND RESERVE FOR CONTINGENCIES TO PROVIDE FOR THE CITY'S PARTICIPATION IN THE COMMISSIONING OF THE USS TORTUGA (LSD 46) WHEREAS, the USS Tortuga (LSD 46) will be commissioned at Little Creek Amphibious Base on November 17, 1990; 6 7 8 WHEREAS, the Hampton Roads Chamber of Commerce has requested that the City of Virginia Beach co-sponsor the ceremonies amd activities associated with the first-ever ship commissioning in Virginia Beach; 9 10 11 WHEREAS, it is anticipated that the total cost of the ~:eremoni~s and activities will be $50,000 of which Virginia Beach is requested to contribute $25,000; 12 13 WHEREAS, funding in the amount of $25,000 is available in tho FY 1990-1991 General Fund Reserve for Contingencies. 14 15 16 17 NOW THEREFORE BE IT ORDAINED BY THE CITY CDUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that $25,000 be transferred from the FY 1990-1991 General Fund Reserve for Contingencies for the purpose of co-sponsoring the events associated with the commissioning of the USS Tortuga. 18 This ordinance shall be effective from the day of its adoption. 19 Adopted on this day July 9, , 1990. - 54 - Item V-I.8. CONSENT AGENDA ITEM # 33193 Upon motion by Councilman Baum, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's drainage easement known as Canal No. 2 to Hermes Abrasives for installation of a parking lot (LYNNHAVEN BOROUGH). The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virignia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to be come unsightly or a hazard. 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, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf July 9, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S DRAINAGE EASEMENT KNOWN AS CANAL NO. 2 TO HERMES ABRASIVES, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Hermes Abrasives, its heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the City's 300' drainage easement known as Canal No. 2. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a parking lot and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's 300' drainage easement known as Canal No. 2, as shown on that certain plat entitled: " PLAT SHOWING PROPOSED PARKING LOT ENCROACHING INTO A PORTION OF CANAL NO. 2," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Hermes Abrasives, its heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's 300' drainage easement known as Canal No. 2 and that Hermes Abrasives, its heirs, assigns and successors in title shall bear all costs and expenses of such removal. 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 AND, PROVIDED FURTHER, that it is expressly understood and agreed that Hermes Abrasives, its heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Hermes Abrasives executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9 day of 3u1¥ , 19 90 . 59 60 61 62 EEF:kg 4-24-90 CA-90-37-29 (ordin\noncode\) V~ED AS TO CONTENT C. . ~)EPARTMEN*r 2 ,~.P~VED AS !'O DEPARTMENT APPROVED AS TO LEGAL (.7" a'r,r PLAT sHOWING PROPOSED PARKING LOT ENCROACHING INTO A PORTION OF CANAL NO. 2 .... FTC 14.15 .... ~,. ~< EXHIBIT "A" NOT A SUBDIVISION I I tO THIS AGREEMENT, made this ~ ~ day of ~?/~/ , 19 ~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and HERMES ABRASIVES, a Virginia Corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. WI TNES SETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a parking lot for employee parking in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such parking lot, it is necessary 'that the said party of the second part encroach into a portion of 'the City's 300' drainage easement known as Canal No. 2; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such parking lot within a portion of the City's 300' drainage easement known as Canal No. 2. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's 300' drainage easement known as Canal No. 2 for the purpose of constructing and - maintaining such parking lot. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's 300' drainage easement known as Canal No. 2 as shown on that certain plat entitled: "PLAT SHOWING PROPOSED PARKING LOT ENCROACHING INTO A PORTION OF CANAL NO. 2," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's 300' drainage easement known as Canal No. 2 by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file 2 or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsiqhtly or a hazard. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by ~he party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said HERMES ABRASIVES has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its Deputy City Manager and its seal be hereun'to affixed and attested by its City Clerk. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By Deputy City Manager HERME~..~RASIVES, a Virginia corporat.lon . Gunther Degan / Co-President (SEAL) 4 ~PROVED AS TO CON'[ENT ATTEST: ~ ~,~-~, / / (Title) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS M. MARTINSEN, JR., Deputy City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of , 19 __, has acknowledged the same before me in my City and State aforesaid. 5 19 GIVEN under my hand this day of My Commission Expires: Notary Public '1 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, '~'.~ '/~i,'"~'~, ~-~ ~ " ~ /'~' ~' , a Notary Public in and for the City and State aforesaid, do hereby certify that Gunther Degan, Co-President on behalf of HERMES ABRASIVES, whose name is signed to the foregoing writing, bearing date the..~[' '''~ , 19';C, has acknowledged the same before me in my City and State aforesaid. Given under my hand this ti ~ .... , 19'/¢ :. :'! ~'" day of Notary Public My Commission Expires: 1/"~ ' 6 R E !; O L U T I O N I'I'I,;H ffl 56 76 The Reg.l.nr Heeting of the Co.nc:i.l of I. he City of Vlrgjnin Bnach, Vlrglnla, ~as held in I:he Council Chambers of the Admi. nJstrntlon Building, of the City on the ~__l_X..L.h day oE Octoher, 1980. Upon mc) Lion by Cotlnc.Jlnmn ,~tnndl. ng, seconded by Councilman Ilollnnd, the rol. lo~ing Resolution ~as adopted. R I'; $ 0 L U T I 0 N ~IlI':RI'iAS, the City o£ Virginia lleach, Virginia, I)y Ordinance dated February 28~ 1977, authorized ~cquis[tion of rights-of-way for Cnnnl No. 2 Lo provide drninnge for the ~el fare of t:he peopl, e tn the City of Vll'l~.[nin Bench (See l{xh]biC "A") ; and, i411I~REAS, Lhe City of Virginia Beach desires Federal participation :In the nnid project; and, ~ilICREAS. Fcderni participation in the aforesaid project cnnL.tngent upon ~he fulfi.llment of certnln ~Cc,ns of COOl, erntion by focal interests; nnd, ~411EREAS, thc City of Vi,'gi,,in Bench hnn been n,,d is present]y still co,,mi~ted ~o proceed ~ith th~ proposed p]~n known as Canal No. 2. NOI~, TIlI{REFORI{, gE IT RESOI,VEI) BY TIlE COUNCIl. OF TIlE CITY OF VIRGINIA BEACll, VIRGINIA: That 'the City of Virginia Bench hereby irreversibly commits for the purpose of Cnnnl No. 2 Project, and no other purpose, necessary tnnd. e~scmcnts ~nd rights-of-way for the construction ~nd subsequent maintenance of the said d,'ai,,a~e project. " Adop!:ed l)y Lhe Council of the City of Virginia Bench, Virginia, on the .:q_.!.x_.t_l_~ ,lay of October, 1980. (h~rl:iried I.o I)o a trllo., excerpt oE Lhe ap!)rovo¢l glln,t:o~: of t:he City Cotn~ci] of ~he CiEy of Virginia Beach, Virglnia, October G, lgflO. · I~u~h Ilodge~ .;tort:h, City Clerk Ocea,aMini*Bik Park PROJECT SITE 524 VIKING DRIVE BOROUGII1 I~OROUGII CEANA MIImOn LOCATION MAP - 55 - Item V-J. 1. APPOINTMENTS ITEM # 33194 Councilman Sessoms NOMINATED Cynthia Davenport to the SCHOOL BOARD for the Unexpired Term of Robert W. Clyburn thru December 31, 1990. Councilwoman McClanan NOMINATED Sharon Davis to the SCHOOL BOARD for the Unexpired Term of Robert W. Clyburn thru December 31, 1990. Upon NOMINATION by Councilman Sessoms, City Council APPOINTED: SCHOOL BOARD Cynthia Davenport Unexpired Term thru 12/31/90 Voting: 7-3 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Voting Nay: Robert W. Clyburn, Reba S. McClanan and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf July 9, 1990 - 56 - Item V-J.1. UNFINISHED BUSINESS ITEM # 33195 ADD-ON Councilwoman Parker distributed a news article from the Richmond Times Dispatch of July Second entitled: "Attendance Off At Tourist Sites". Councilwoman Parker requested attendance figures of the last three years for the Resort Area be provided. July 9, 1990 - 57 - Item V-J.2. UNFINISHED BUSINESS ITEM # 33196 ADD-ON Councilwoman Parker referenced her letter of July Fifth to Members of City Council. The maintenance of the link/integration for planning and zoning to financial commitment is critical. Its importance in providing the priorities and direction as to where public revenues are to be invested has no substitute. As the City faces the greater challenge of a further slowing of the economy due to the "peace dividend", the drop in the growth rate, a stagnation of real estate assessments, further retrenchment on the part of the Federal and State governments and a feeling of no new taxes from the public, the fiscal impact of land use policies must be intensively researched and carefully evaluated. As the Council has heard Mrs. Phillips and Mr. Block explain, there is a major and material difference between strategic planning and what is traditionally referred to as long range planning. Long range planning is the extension of the present into the future, while strategic planning deals with defining the future you want to achieve and then charting a path to achieve it. If economic development is the City's number one priority, then it is the axis from which all the other documents referenced must revolve around and interact with consistency. If it is the will of the Planning Commission and the majority of City Council to move the Green Line, residential development should not be the driving force. The Mayor's Committee on Economic Development and the Council's adopted Economic Development Strategy should shape the future of the remaining buildable land. If it is the Council's desire to match campaign promises (shifting the tax burden from 20% commercial to 80% residential to 30% and 70%, respectively) then the Council's Economic Development Strategy must be the corner stone of the City's land use decisions. July 9, 1990 - 58 - Item V-K. 1. NEW BUSINESS ITEM # 33197 ADD-ON Councilwoman Parker referenced her letter of July 5, 1990. It had been brought to her attention the Development Authority is considering the purchase of all or part of the R. G. MOORE property south of the Green Line. If this is accurate, the verbatim of the presentation given by Mr. Cunningham in which Mr. Moss questioned future purchases for land banking in relation to the issue of "dry hydric soils", must be reexamined. This issue related to the question raised by Mayor Oberndorf and Councilwoman Henley at the June Twenty-fifth City Council Session making sure land was developable before approval of rezonings. Councilwoman Parker appreciated the forward thinking of the Authority concerning land banking for future office parks, but until the issue of non-tidal wetlands is resolved, she hoped the Authority would not make any commitments on the R. G. MOORE property. July 9, 1990 - 59 - Item V-M.1. ADJOURNMENT ITEM # 33198 Upon motion by Councilman Baum, and BY CONSENSUS City Council ADJOURNED the Meeting at 8:15 P.M. BeVerley' O. Hooks Chief Deputy City Clerk Robert E. Fentress Vice Mayor ~~ith, CMC City Clerk (~. Oberndo~f ~ Mayor ~ ~ City of Virginia Beach Virginia July 9, 1990