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MAY 12, 1986 MINUTESCity of Vi,-ginia Flcach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL AGENDA May 12, 1986 Virginia Beach City Council ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Harold Heischober B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers A. INVOCATION: Reverend William C. Taylor, Jr. Princess Anne Plaza United Methodist Church - 2:00 PM B, PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CITY MANAGER'S ADMINISTRATIVE ITEMS 1. Review of Cousen~ Agenda E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS F. MINUTES 1. Motion to accept/approve the Minutes of May 5, 1986 G. PROCLAMATION 1. Municipal Clerks Week - May 12-16, 1986 H. PUBLIC HEARING 1. Personal Property Tax Proposed Changes I. PUBLIC HEARING 1. 1986/87 Operating Budget J. PLANNING BY CONSENT Ordinance closing, vacating and discontinuing a portion of Pennsylvania Avenue in the petition of Gordon Rudolph (Bayside Borough). Recommendation: APPROVAL OF 90-DAY EXTENSION me Application of Tri-Ton, Incorporated for a conditional use permit for gas pumps in con~unction with a convenience store on the south side of Witchduck Road, 314 feet west of Jerico Road, containing 43,000 square feet (Bayside Borough). Recommendation: APPROVAL Be Application of Cullen M. and Mary Ann McCoy for a conditional use permit for a muffler shop at 737 South Military Highway, containing 22,325 square feet (Kempsville Borough). Recommendation: APPROVAL e Application of Robert Ho Braithwaite, Jr. for a conditional use permit for a landfill at 520 Oceana Boulevard, containing 13.67 acres (Lynnhaven Borough). Recommendation: APPROVAL e Application of Creech Development Corporation for a conditional use permit for mini-warehouses on the south side of Harpers Road, 570 feet east of Phantom Boulevard, containing 1.6 acres (Princess Anne Borough). Recommendation: APPROVAL Application of The Church of Jesus Christ of Latter-Day Saints for a conditional use permit for a church and associated recreational activities on the northeast side of Princess Anne Road, i400 feet southeast of General Booth Boulevard, containing 5 acres (Princess Anne Borough). Recommendation: APPROVAL Application of Jerry and Andrea Whitehurst for a conditional use permit for a single-family dwelling in the AG-1 Agricultural District at 1176 Horn Point Road, containing 10 acres (Pungo Borough). Recommendation: APPROVAL Application of Thomas E. Beck and Charles DeAtley for a conditional use permit for a home occupation (woodworking) at 2816 West Gibbs Road, containing 6.4044 acres (Blackwater Borough). Recon~endation: APPROVAL Application of Arthur E. Havens, Jr. for a change of zoning from A-1 Apartment District to B-2 Co--unity-Business District on the south side of Indian River Road, 170 feet east of Level Green Boulevard, containing 21,832 square feet (Kempsville Borough). Recommendation: APPROVAL 10. Application of the City of Virginia Beach to amend and reordain Section 4 BY ADDING Subsections 4.1, B, 4, a(4) to the Site Plan Ordinance pertaining to existing and required site features and improvements. Recommendation: APPROVAL K. ORDINANCES Ordinance upon FIRST READING making appropriations for the Pis,al Year beginning July 1, 1986, and ending June 30, 1987, in the sum of Four Hundred Twenty-Three Million, One Hundred Forty-Two Thousand, Four Hundred and Four Dollars ($423,142,404) for Operations and One Hundred Thirty-Six Million, Eight Hundred Eighty-Nine Thousand, Seven Hundred and Thirty-One Dollars ($136,889,731) in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. Ordinance upon FIRST READING establishing the Tax Levy on Real Estate for Tax Fiscal Year 1987. AND, Ordinance upon FIRST READING establishing the Personal Property and Machinery and Tools for Year 1987. Tax Levy on the Calendar Ordinance to amend and reordain Section 31-61 Subparagraph (a) of the Code of the City of Virginia Beach, Virginia pertaining to the charge for depositing Solid Waste at City Refuse Disposal Areas. Me Ordinance to amend and reordain Article 11, Section 1100 and to repeal Sections 1120, 1121 and 1122 of the Comprehensive Zoning Ordinance pertaining to PD-H1 and PD-H2 Planned Unit Development Districts. Be Ordinance to amend and reordain Section 6-5 of the Code of the City of Virginia Beach, Virginia, pertaining to dogs om beach. AND/OR, Ordinance to amend and reordain Section 5-73(A) of the Code of the City of Virginia Beach, Virginia, pertaining to keeping dogs under restraint; Leash Law. L. 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. 1. Resolution requesting the Governor to request the Secretary of the Army to place sand on the beaches of Virginia Beach. Ordinance upon SECOND READING to accept and appropriate $382,317 for the purpose of lease-purchasing an aerial apparatus truck for the Fire Department. 3e Ordinance upon SECOND READING to accept and appropriate $300,000 for the purpose of lease-purchasing a replacement ladder truck for the Fire Department. Certificates of Public Convenience and Necessity: Diamond Cab Company Pacific Corporation APPOINTNBNTS 1. ARTS AND HUMANITIES COMMISSION 2. 3. 4. 5. e HOUSING BOARD OF APPEALS EASTERN VIRGINIA HEALTH SYSTEMS AGENCY, INC. SOCIAL SERVICES BOARD SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY - PRIVATE INDUSTRY COUNCIL SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION TIDEWATER REGIONAL GROUP HOME CO~ISSION Ne UNFINISHED BUSINESS 1. Report Regarding Undergrotmd Utility Pole Standards. Policies and Utility O. NEW BUSINESS P. RECESS to MAY 15, 1986 - 12:00 Noon FY 1986-1987 OPERATING BUDGET SCttEDULE May 12 PUBLIC I4~ARING and FIRST READING of Appropriation Ordinance - Council Chambers - 2:00 PM May 15 SECOND READING of Appropriation Ordinance Council Chambers 12: Noon MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 12, 1986 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Heischober in the Conference Room, City Hall Building, on Monday, May 12, 1986, at 1:00 P.M. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Absent: J. Henry McCoy, Jr., D.D.S. (ENTERED: 1:13 P.M.) 2 ITEM # 25359 Mayor Heischober entertained a motion to permit Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. L~GAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or jurisdiction of the public body. Upon motion by Councilwoman Creech, seconded by Councilman Jennings, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., D.D.S. (ENTERED: 1:13 P.M.) May 12, 1986 -3- REGULAR SESSION VIRGINIA BEACH CITY COUNCIL May 12, 1986 2:05 P.M. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, May 12, 1986, at 2:05 P.M. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Absent: None INVOCATION: Reverend William C. Taylor, Jr. Princess Anne Plaza United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF ANERICA -4- Item II-F. 1 MINUTES ITEM # 25360 Upon motion by Councilwoman Creech~ seconded by Councilman Fentress, City Council APPROVED the Minutes of May 5, 1986. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 12, 1986 -5- Item II-G.1 PROCLAMATION ITEM # 25361 Mayor Heischober PROCLAIMED the week of May 12 - 18, 1986: M~NICIPAL 6~.~'S WxF~ This PROCLAMATION recognized the important role of the City Clerk and Deputies and the outstanding and vital services which they perform. This PRO6~_~%MATION was accepted by Beverly Hooks, Chief Deputy City Clerk, in behalf of Ruth Hodges Smith, the City Clerk, and Deputy City Clerks: Betty Chapman, Gall Hayes, Sheila Martin and Irma Pugh. May 12, 1986 ro ama on WHEREAS, the Municipal Clerk is the oldest of public servants and a critical part of efficient and responsive local government; and WHEREAS, public records exist; and the accurate recording, careful safeguarding, and prompt retrieval of are vital functions, without which effective local government could not WHEREAS, as local government has grown in responsibility and importance through the Nation's history, so has the role of the Municipal Clerk in providing a direct link between past, present, and future by preserving records for posterity, implementing governmental decisions, and seeking better and more effective ways to perform these critical responsibilities in light of the rapid technological advances of today's world; and WHEREAS, Jn recognition of the outstanding and vital services performed by Municipal Clerks and their dedication to public service, the Congress, by Senate Joint Resolution, has designated the week beginning May 12, 1986 as "Municipal Clerk's Week," and has authorized the President to issue a proclamation in observance of that week. NOW, THEREFORE, I, Harold Hekchober, Mayor of the City of Virginia Beach, do hereby proclaim the week of May 12-18, 1986 as MUNICIPAL CLERK'S WEEK in Virginia Beach and recognize the important role of the City Clerk and Deputies with gratitude for their efficient, dedicated services to our City. IN WITNESS WHEREOF, ! have hereunto set my hand and caused the seal of the City of Virginia Beach to be affixed this twelfth day of May, nineteen hundred and eighty-six. Harold-He cl~ober - Mayor Item II-H.1 -6- PUBLIC ITEM # 25362 Mayor Heischober DgCLARm, a POBLIC ItF~I~IG: P~SOI~ PROP~RI~f T~ PROPOSED CHANGES Robert B. Vaughan, Commissioner of Revenue, prsented information relative ~OPOSED C~S to P~RSONAL PROF~RTY T~ CO~PUTATION. Mr. Vaughan distributed a letter to City Council relative changing the valuation method for vehicles from retail to loan value beginning in the calendar year 1987, which will assist in uniform assessment methods within the Department. Mr. Vaughan urged Council to A~PT the proposed tax rate of $3.80 for all classes of personal property currently taxed at $6.00 in order for the change to be revenue neutral. As he had previously informed Council, Virginia Beach levies personal property taxes against retail values and all other Hampton Roads cities levy against loan value of the NATIONAL AUTOMOBILE DEALERS' ASSOCIATION OFFICIAL USED CAR GUIDE, EASTERN REGIONAL DIVISION (Standard Guide of Assessments and Valuations). The ABOS is the boat guide book most commonly used by the Commissioner's of Hampton Roads. The BUC is the other book utilized. There is a 30-45% difference between these two authorized guides. Mr. Vaughan's letter is hereby made a part of the record. The following spoke in OPPOSITION to the personal property tax on boats: George E. Langley, represented the Boat Owners Association of Tidewater Sam Scott, represented the Boat Owners of Tidewater William P. St. Lawrence, resident of Virginia Beach for 22 years Charles Robison, resident of Virginia Beach for 14 years William A. Briekhouse, resident of Virginia Beach for many years John E. Reed, exemplified his opposition by utilizing a chart showing comparisons of personal property taxes on boats vs. beach cottages and swimming pools. Donald King and R. A. Graves, did not speak, but registered their opposition The following spoke concerning the Personal Property Tax on vehicles: Nicholas Movito, requested the Loan Value of the Car be utilized Lou Pace, advised the Personal Property Tax should be eliminated entirely. There being no further speakers, Mayor Hetschober CLOSED the P~IBLIC ~ARING. May 12, 1986 NOTICI Off A PUBLIC BLARING 'ON PBOPOSID ClIANGIS TO' · .l)l~.,~?Na& PBQPIIBTY TAX." 'i. 'COMPUTATION "' The city is considering a proposal to' change the levy. on Personal proPerty taxes (rom $6.00 to $3.80 per $100 of assc~ed ~,aluc in conjunciton with a change in the ~ computation of assessed value from'$0'%to 100%of lum'k~t value. Since a change in thc dcf'm~tion of m~'kct value.will alzo occur with the proposal, the amount of' levy to be paid by most citizins will be thc same as that with the $6.00 rate. ' - A public hearing will be held on th'~ May 12, 1986: council meeting a) 2:00 p.m. to solicit public comment the proposed changes. ALL interested parties are in- vited to bo pre~nt tU the time and place afo~'¢mcn- tioncd. City Council shall Permit persons desiring to bo heard an opportunity to present oral testimony within such reasonable time limits as shall be determined by City Council. Individuals desiring to provide oral com- ment should register with the City Clerk's Office before the hea4'ing. The City Clerk may be contacted at thc of. on the second floor of the City HaH Building or by ~ 427-4303. Tholn~ H. Muehleabock City Mana~cr NOTICE OF A PUBLIC HEARING ON PROPOSED CHANGES TO PERSONAL PROPERTY TAX COMPUTATION The city is considering a proposal to change the Iow on personal property taxes from N).00 to ~3.00 per Sl00 of assessed value ,n conjunction with a change of the computation of assessed value from 50% to 100% of market value. Since a change in the definition of market valu6 will also occur with the proposal, the amount of levy to be pad by most citizens will be the same as that with the ~.00 rate. - ' A p.u. blic h. eadng will be held on the May 12, 1986 counci~ meeting at 2:00 p.m. to solicit public comment on the proposed changes. All interested partiee art~ !nvited to be present at the time and place aforemen- tioned. City Council shaft permit persons desiring to ~ .heard an opportunity to present oral testimony w,th~n such reasonable time hmits as shall be deter- mined by City Council. Individuals desidng to provide oral comment shaJl register with the City Clerk's Office' before the heering;Tl~e City Clerk may be contacted at the office on the second floor of the City Hall Building or by ceiling 427-4303. - 7 - Item II-I.1 PUBLIC ~ARII~ ITEM # 25363 Mayor Heischober DE6~ a PIIBLIC HF~ING: 1986/87 OPERATII~G BO'DGL~T Georgette Constant-Davis requested additional funds be provided in the BUDGET for inspectors for Waters and Wetlands. Mayor Heischober advised of the creation of a VIRGINIA BEA~I{ COASTAL STUDY COI~ITTEE which would assist the efforts relative Environmental concerns. There being no further speakers, Mayor Heischober DECIDED the PUBLIC HF~ING CLOSED. May 12, 1986 BUDGET HEARING PUBMC NOTICE CITY OF VIRGINIA BEACH'S PROPOSED OPERATING BUDGET FISCAL YEAR JULY 1,1986 - JUNE 30, 1987 Pursuant to Section 5.07 of the City Charter, a Public Hearing; will be held by the City Council at the Pavilion on Tuesday, Apnl 29, 1986 at 7:00 pm on the City Manager's proposed Operating Budget for the fiscal year beginning July 1, 1986 and ending June 30, 1987, as follows: OPERATING BUDGET Legislative s551,451 Economic Development s4,787,493 Executive 1,027,224 Ganeral Services 13,199,770 Law 1,205,495 Boards and comm~ss*ons 5,152,283 Finance 7,397,927 Non-Departmental 825,843 Personnel 1,119,963 Fire 13,519,137 Judicial 9,372,142 Data Processing 4,204,373 Health 2,168,094 Permits and lnspectio~s 1,980,112 Social Services 9,511,715 Mental Health. 5,880,649 Police 27,360,647 Offices 3,776,085 Public Works 37,246,180 Public Utilities 24,343,276 Parks and Recreation10,130,127 Education 179,102,582 Library 4,939,508 Debt Service 45,527,421 Planning 1,293,580 Reserve for contingenci~ 6,175,690 Agriculture 617,241 Community Development 726~396 TOTAL ,423,142,404 REVENUES General Properb/Taxes Other Local Taxes Other Local Sources (Fines, Licenses, Saia of Properties, etc.} From the Commonwealth From the Federal Government From the Law Library Fund Balance TOTAL ~130,777,834 82,053,229 63,764,231 139,885,976 6,647,657 13,477 a47~l, 14Z,404 NOTICE OF TAX INCREASE The City of Virginia Beach_ propo_S~,_ to increase real prop?~.tax levies. However, the City Manager s proposecl Operating uuoget does not include an increase in the current tax rate of s.80 per '100 of assessed value. 1. Assessment Increase: Total assessed value of real.prope,rty, excluding additional assessments due to new construction or ~rn- provements to property, exceeds last year's total assessed value of real property by 6.22 percent. 2. Lowered Rate Necessary to Offset Increased Assessment: The tax rate which wOUld levy the same amount of real estate tax as last year, when multiplied by the new total assessed value of real estate with the exclusions mentioned above, would be '.75 per Sl00 of asse. ssed valued. This rate will be known as the "lowered tax rate. 3. Effective Rate Increase: The City of Virginia Beach propos.e..s to adopt a tax rate of s.80 per ,100 of assessed value. The dif- ferences between the-lowered tax rate and the proposed rate would be s.05. per $100, or 6.67 percen.t. This difference will be known as the effective tax rate increase. Individual property taxes may, however, increase at a percen- tage greater than or less than the above percentage. A public hearing on the increase will be held on Tuesday, Apdt 29, 1986 at 7:00 pm at the Pavilion. All hearings shal be open to the public. City Council shall per- m t persons desiring to be heard an opportunity to present o.ral testimony within such reasonable time hmits as shall be determin- ed by City Council. Ail interested parties are invited to be present at the time and place atoremensone(], indivlouals desiring to prow~le oral com- ment should register with the City-Clerk s Office before the hearing beg ns. The City Clerk may ~ con~cted .at th?_o_ffi._ce, on the se- cond ~loor of the City Hall Buiming or Dy Ca ng ~oaas H. l, lu&h'].~nbeck City 14anage t' ,.,~, ~, .,...-- ...... .,ea' I PROPOSED OPERATING BUDGET 1986/1987 On ~¥,'q'P'l] C ~'9~, citr ~'lana~ Th°ma~ H- ~uehlenb~ Pn~entect the C~' ~ Vu~iai~ m~ 1906/]987 Pmm~ed OperSda~ BuaaeC · S~mma~ and hJghl~ht~ of the City Mana~efs budget ~ im u ~l]ow~ T~DS ~D i~ ST~T~I~ ~D ~OMM~D~iONS . pi~ned w review ~e ~O~ENDATiONS ~D GO~ . ~i~. N~rh~ -8- Item II-J. PLANNING BY CONSENT ITEM # 25364 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council APPROVED in one MOTION Items II-J.1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of the PLANNING BY CONSBI~TA~ENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. 0berndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 12, 1986 -9 - Item II-J.l PI.ANNXI~ BY CONSENT ITEM # 25365 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council APPROVED A 90-DAY EXTENSION for Compliance of an Ordinance, closing, vacating and discontinuing a portion of Pemmsylvamia Avemue in the petition of GORDON R~DOLPH. Application of Gordon Rudolph for the discontinuance, closure and abandonment of a portion of Pennsylvania Avenue beginning at the northern boundary of Broad Street and running in a northerly direction to the southern boundary of Jeanne Street (formerly Douglas Street) as shown on plat entitled "Plat of Euclid Place" and recorded in the Clerk's Office of the Circuit Court in Map Book 4, Page 62. Said parcel is 50 feet in width and contains 28,500 square feet more or less. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 12, 1986 - 10- Item II-J.2 PLANNING BY CONSENT ITEM # 25366 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTRD an Ordinance upon application of TRI-TON, INCORPORATED for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TRI-TON, INCORPORATED FOR A CONDITIONAL USE PERMIT FOR GAS PUMPS liN CONJUNCTION WITH A CONVENIENCE STORE R0586830 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Trt-Ton, Inc., for a Conditional Use Permit for gasoline pumps in conjunction with a convenience store on certain property located on the south side of Witchduck Road, 314.31 feet west of Jericho Road. Said parcel contains 43,000 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following condition shall be required: Screening is to be provided along the rear property line adjacent to the residential zoning. This screening shall be either Category I or II to be determined at site plan review. The OWNER or LEGAL REPRESENTATIVE for 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 upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, ~welfth day of May~ Nineteen Hundred and Eighty-six. on the Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 12, 1986 - 10a - STATEMENT OF CONSENT APPLICANT: APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: Tri-Ton, Incorporated Conditional Use Permit Gasoline Pumps in Conjunction Convenience Store May 12, 1986 with a 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: Screening is to be provided along the rear property line adjacent to the residential zoning. By: Date: Owner ~n~A~t o rneZy~ A~nt ~ Item II-J.3. -11- PLANNING BY ~ONSENT ITEM # 25367 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPI'~ an Ordinance upon application of C~LLE~ M. AND MARY ANN McCOY for a Conditional Use Permit: ORDINANCE UPON APPLICTION OF CULLEN M. AND MARY ANN McCOY FOR A CONDITIONAL USE PERMIT FOR A MUFFLER SHOP RO586831 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Cullen M. & Mary Ann McCoy for a Conditional Use Permit for a muffler shop on the west side of South Military Highway, 620 feet more or less north of Alexandria Avenue. Said parcel is located at 737 South Military Highway and contains 22,325 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, Twelfth day of May~ Nineteen Hundred and Eighth-six. on the Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 12, 1986 Item II-J.4 - 12 - PLANNING BY CONSENT ITEM # 25368 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOP~ an Ordinance upon application of ROBERT H. BRAITIIWAITE, JR. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROBERT H. BRAITHWAITE, JR., FOR A CONDITIONAL USE PERMIT FOR A LANDFILL RO586832 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Robert Braithewaite, Jr., for a Conditional Use Permit for a landfill on property located 315 feet east of Oceana Boulevard, 946.35 feet north of Credle Road. Said parcel is located at 520 Oceana Boulevard and contains 13.67 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, Twelfth day of May, Nineteen Hundred and Eighty-six. on the Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech - 5 - Item II-F.1. MINUTES ITEM II 25400 Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council APPROVED the Minutes of May 12, 1986 and May 15, 1986, AS CORRECTED. Vice Mayor McClanan advised of the following correction: Item II-J.5, page 13, ITEM // 25369 ORDINANCE UPON APPLICATION OF CREECH DEVELOPMENT CORPORATION FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R0586833 Condition No. 2 should correctly read: 2. Adequate Buffering of trees and shrubs shall be provided on the front portion of the property, as well as the rear to adjacent residential areas. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Robert E. Fentress May 19, 1986 Item II-J.5. - 13 - PLANNING BY CONSENT ITEM # 25369 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOP~ an Ordinance upon application of CREWCUt DI~ELOPI~EI~T CORP~TION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CREECH DEVELOPMENT CORPORATION FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R0586833 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Creech Development Corporation for a Conditional Use Permit for mini-warehouses on certain property located on the south side of Harpers Road, 570 feet more or less east of Phantom Boulevard. Said parcel contains 1.6 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: A 4-foot dedication of right-of-way along the frontage on Harpers Road to provide for an ultimate 94-foot right-of-way in accordance with the Master Steer and Highway Plan and the Virginia Beach Bikeway Plan. Adequate Buffering of trees and shrubs shall be provided on the front portion along Harpers Road and at the rear of the property to adjacent residential areas. The OWNER or LEGAL REPRESENTATIVE for 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. Attorney Grover Wright, representing the applicant, verbally agreed to the additional condition of buffering. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of May, Nineteen Hundred and Eighty-six. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 12, 1986 - 13a - STATEMENT OF CONSENT APPLICANT: APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: Creech Development Corporation Conditional Use Permit Mini-Warehouses May 12, 1986 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 CO~MISSION 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: A 4-foot dedication of right-of-way along the frontage on Harpers Road to provide for an ultimate 94-foot right-of-way in accordance with the Master Street and Highway Plan and the Virginia Beach Bikeway Plan. 'Y ~gent'~/u~ Owner - 14 - Item II-J. 6 PLK~'NING BY CONSENT ITEM # 25370 Upon motion by Councilman Baum, seconded by Counc%lman Jennings, City Council ADOPTED an Ordinance upon application of TME C~RRIC~OF JESUS CHRIST OF LA'I-f~-DAY SAINTS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CHRUCH OF JESUS CHRIST OF LATTER-DAY SAINTS R0586834 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Church of Jesus Christ of Latter-Day Saints for a Conditional Use Permit for a church and associated recreational activities on the northeast side of Princess Anne Road, 1400 feet more or less southeast of General Booth Boulevard. Said parcel contains 5 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, Twelfth da~ of Ma¥~ Nineteen Hundred and Eighty-six. on the Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 12, 1986 - 15 - Item II-J.7. I~_~R~I~ING BY ITEM # 25371 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of J~RRY A~D ~ WHI'£F~IuRST for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JERRY AND ANDREA WHITEHURST FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY DWELLING IN THE AG-1 AGRICULTURAL DISTRICT R0586835 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Jerry and Andrea Whitehurst for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District on the north side of Horn Point Road, 173.32 feet east of Muddy Creek Road. Said parcel is located at 1176 Horn Point Road and contains 10 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. The following condition shall be required: 1. This site will require the necessary approvals from the Health Department for the installation of a septic tank and drainfield. The OWNER or LEGAL REPRESENTATIVE for 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 upon the date of adoption. Adopted by the Council of the City of Virignia Beach, Virginia, on the Twelfth day of Ma~ Nineteen Hundred and Eighty-six. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 12, 1986 - 15a - STATEMENT OF CONSENT APPLICANT: APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: Jerry and Andrea Whitehurst Conditional Use Permit Single-Family Dwelling in AG-1 May 12, 1986 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 CO~MISSION 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: This site will require the necessary approvals from the Health Department for the installation of a septic tank and drainfield. Owner~ By: Owner/Attorney/Agent Date: Item II-J. 8 - 16 - I~ING BY CONSE~ ITEM # 25372 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOP~ an Ordinance upon application of ~O~S E. BEC~ ~ 6"MARLES DeATLE¥ for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THOMAS E. BECK AND CHARLES DeATLEY FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION R0586836 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thomas E. Beck and Charles DeAtley for a Conditional Use Permit for a home occupation (woodworking) on the west side of W. Gibbs Road, 2000 feet west of Blackwater Road. Said parcel is located at 2816 W. Gibbs Road and contains 6.4044 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BUROUGH. The following condition shall be required: 1. Dedication of drainage easements for all ditches located on the subject property. Ail drainage easements are to be 20 feet in width. The OWNER or LEGAL REPRESENTATIVE for 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 upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of May, Nineteen Hundred and Eighty-six. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 12, 1986 - 16a - STATF~ENT OF CONSENT APPLICANT: APPLICATION: DESCRIPTION: CITY COUNCIL SESSION: Thomas E. Beck and Charles DeAtley Conditional Use Permit Home Occupation (Woodworking) May 12, 1986 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 COPRMISSION 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: Dedication of drainage easements for all ditches located on the subject property. Ail drainage easements are to be 20 feet in width. Owner By: Owner/Attorney/Agent Item II-J.9 - 17 - PLANNING BY CONSENT ITEM # 25373 Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council ADOPTED an Ordinance upon application of ARTMUR E. HA~S, JR. for a Change of Zoning: ORDINANCE UPON APPLICATION OF ARTHUR E. HAVENS, JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO B-2 Z05861086 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Arthur E. Havens, Jr., for a Chan~e of Zoning District Classification from A-1 Apartment District to B-2 Community-Business District on certain property located on the south side of Indian River Road, 170 feet more or less east of Level Green Boulevard. Said parcel contains 21,832 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, Twelfth day of May, Nineteen Hundred and Eishty-six. on the Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 12, 1986 - 18 - Item II-J.10. PLANNING BY CONSENT ITEM # 25374 Upon motion by Councilman Baum, seconded by Councilman Jenntngs, City Council ADO~£~D: ORDINANCE TO AMEND AND REORDAIN SECTION 4 OF THE SITE PLAN ORDINANCE PERTAINING TO INFORMATION REQUIRED ON SITE DEVELOPMENT PLAN, BY ADDING THERETO A NEW SUBSECTION 4.1, B, 4, a (4). (existiug and required site features and improvo~ents.) Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Nancy A. Creech May 12, 1986 - 18a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 4 OF THE SITE PLAN ORDINANCE PERTAINING TO INFORMATION REQUIRED ON SITE DEVELOPMENT PLAN, BY ADDING THERETO A NEW SUBSECTION 4. 1 , B, 4, a (4 ) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 4 , Information required on site development plan, of the Site Plan Ordinance be amended and reordained by adding thereto a new subsection 4 . 1 , B, 4, a (4 ) to read as follows: ( 4 ) Elevations of the top of bank and toe of slope and limits of fill necessary to construct the dwelling unit, including access, shall be indicated. Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of May , 1986 . GLF/jmh .. (D) 91 4-1844 May 12, 1986 Item II-K.1 - 19 - ORDINANCES ITEM # 25375 Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council APPRO¥~ upon FTRgT READING: Ordinance making appropriations, AS A~ENDED*, for the Fiacal Year begimmimg July 1, 1986, amd emdimg J~e 30, 1987, in the sum of Four Hundred Twenty-Three Million, One Hundred Forty-Two Thousand, Four Hundred and Four Dollars ($423,142,404) for Operations and One Hundred Thirty-Six Million, Eight Hundred Eighty-Nine Thousand, Seven Hundred and Thirty-One Dollars ($136,889,731) in Interfund Transfers and regulating the payment of money out of the City Treasury, as amended. *As per request of Vice Mayor McClanan, in Section 6 of said Ordinance, the words "first being obtained" shall be reinstated. Changes to the FY 1986-1987 OPERATING B~DGET recommended at the May 8, 1986, RECONCILIATION WORM, SHOP are hereby made a part of the proceedings. These revisions will be reflected in the BUDGET ORDINANCE to be ADOPTED upon SECOND ~[EADING on May 15, 1986. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanau, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf * Council Members Voting Nay: None Council Members Absent: None *Councilwoman Oberndorf VERBALLY ABSTAINED on items in the FY 1986-1987 BUD(ET pertaining to the NEPTUNE FESTIVAL. May 12, 1986 - 20- ity of Virgini Fleach OFFICE OF THE CITY MANAGER MUNICIPAL CENTER (~O4) 427-4242 V~RGINIA BEACH, VIRGINIA ~34~2 Hay 12. 1986 The Heritable Fayor Members of ¢~ty Council At ~ May 8, 1986 reconciliation workshop, a c~ensus of Council rec{~..~ded the following changes to the FY 1986-1987 Operating Budget: FY 1986-1987 Operating Budget - Proposed $423,142,404 POLICE DEP~ - S.P.O.T. BUDGET UNIT Increase in School Guard ccmpensatton from $14 tO $15 per duty period. + ?,566 NON-DEP~AL - COlfI'RIBUTIONS E~m~nate gz,ant to the Planning Council. 3,500 Increase grant to the Fmstern Virginia Medical Authority from the $300,000 in the Propos~ to amount of $336,636 recIu~ted by that agency. + 36,636 Incr~_~e g~ant to SEVA~ from the $19,000 tn the Proposed Budget to the amount of $25,990 recluestedby that agency pendlng receipt of information documenting need for tn~rease. + 6,990 Add funding for grant to th~ I~osp~ce C~ Pro!Fl'am. + 11,455 ~:~TAL HF.J~TH/i~ITAL RRTARDATION DEPARTMENT l~allocate funds within department to fund a thirty-ft~ hour per week contractual clinict~n. Decr~-e amount to offset net l~pact of the TOTAL FY 1986-1987 O~EI~Tlli3 - 55,147 $423,142,404 The k,,_~j~.t ordinance to be adopted at the May 15, 1986 Council meetingwtll he revised to reflect those revisions formally adopted by Cou~:tl at today's first $inc~rel¥ Yours, city ~ger - 20a - AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 1986 AND ENDING JUNE 30, 1987, IN THE SUM OF FOUR HUNDRED TWENTY-THREE MILLION, ONE HUNDRED FORTY-TWO THOUSAND, FOUR HUNDRED AND FOUR DOLLARS ($423,142,404) FOR OPERATIONS AND ONE HUNDRED THIRTY-SlX El(IHT HUNDRED EIGHT-NINE THOUSanD, SEVEN HUNDRED AND THIRTY-ONE DOLLARS ($136,889,731) IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF ~NEY OUT OF THE CITY TREASURY, AS AMENDED. ~IEREAS, the City Manager has heretofore submitted to the Council an Annual Budget for the City for the fiscal yea~ beginning July l, 1986, and ending June 30, 1987, and it is necessary to appropriate sufficient funds to cover said budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section l. That the amounts named aggregating FIVE HUNDRED SIXTY MILLION, THIRTY-TWO THOUSAND, ONE HUNDRED AND THIRTY FIVE DOLLANS ($560,O32,135) consisting of ONE HUNDRED THIRTY-SIX MILLION, EIGHT HUNDRED EIGHTY-NINE THOUSAND, SEVEN HUNDRED AND THIRTY ONE DOLLARS ($136,889,731) in interfund transfers and FOUR HUNDRED TWENTY-THREE MILLION,ONE HUNDRED FORTY-TWO THOOS~]D, FOUR HUNDRED AND FOUR DOLLARS ($423,142,404) for operations or so much thereof as may be necessary as set forth in the Annual Budget for the fiscal year 1986-87, are hereby appropriated subject to the conditions hereafter set forth, for the year 1986-87, for the use of the several departments and specially designated funds of the Clty Government, and for the purposes hereafter mentioned, as set forth in said Annual Budget, which is hereby incorporated by reference, for the fiscal year beginning July l, 1986 and ending June 30, 1987 as follows: -1- Budget Item of Expenditures 198_6_-_1f(8_7_ GE NE RAiL F{JND: Legislative Department: Municipal Council City Clerk Total Executive Department: City Manager Public Information Office Public Information Office - Operations Total Law Department: City Attorney Finance Department: Commissioner of the Revenue Board of Equalization City Real Estate Assessor Treasurer Director of Finance: Administration Accounting Payroll Business License Audit Independent Financial Services Purchasing Total Personnel Department: Administration Employee Relations Testing and Selection Wage and Salary Training Total Judicial Department: Circuit Court General District Court Juvenile and Domestic Relations District Court Public Defender Commonwealth's Attorney Commonwealth's Attorney - Welfare Fraud Consumer Protection Sheriff's Office $ 338,076 213,375 $ 551,45[ 570,316 315,559 141,349 $ 1,027,224 $ 1,205,495 $ 1,790,414 12,803 1,118,855 2,045,776 285,010 1,110,239 269,144 302,971 67,000 395,715 $ 7,397,927 $ 174,872 228,270 248,502 247,396 220,923 $ 1,119,963 $ 153,139 63,197 32,728 10,000 1,339,189 61,15l 153,302 654,686 -2- Item of Expenditures Judicial Department: (concluded) Correctional Operations: Court Support Services Correctional Operations Clerk of the Circuit Court Magistrates Juvenile Probation: Management and Support Intake Unit Diversion Unit Field Units Total Health Department: Preventive Medicine Occupational Health Maternal and Child Health Care Total Social Services Department: Director of Social Services Public Assistance Hospitalization Total Police Department: Administration: ~ Police Chief's Staff Planning and Analysis Personnel and Training Services Uniform Division: Auxiliary Police Patrol and Administrative Support S .P .O .T · Communications Division Investigative Division Animal Control Medical Examiner Total Public Works Department: Administration: Director's Office Real Estate Office Business Office Highway Division: Administration Budget 1986-1987 405,637 3,483,877 331,366 9,882 594,833 367,655 280,544 756,535 8,697,721 1,684,761 292,333 191,000 2,168,094 6,491,515 2,313,900 706,300 9,511,715 1,593,166 339,833 593,795 1,798,101 25,427 12,209,920 3,659,540 3,430,116 2,819,795 890,401 8,119 $ 27,368,213 211,172 332,297 202,986 661,581 -3- Item of Expenditures Public Works Department: (concluded) Highway Division: (concluded) Inspections Street Maintenance Drainage Maintenance Bridge Maintenaace Engineering Division: Administration Plan Review Surveying Mapping Draftlng Waterfront Operations/Inspections Special Projects Building Construction Traffic Engineering Division: Design and Administratlou Operations Solid Waste Division: Solid Waste Administration Refuse Disposal Refuse Collection Sanitation Inspections Solid Waste Transfer Station Back Bay Salt Water Project Total Parks and Recreation Department: Director of Parks and Recreation Parks and Maintenance: Administration Construction and Maintenance Parks and Beaches Owl Creek Municipal Tennis Center Recreation: Virginia Beach Community Center-Kempsville Virginia Beach Community Center-Bow Creek Virginia Beach Community Center-Seatack Administration Adult Activities Youth Activities Athletics Shakespeare Festival Program Therapeutic Program Parks and Recreation Programs - Self-Supporting Total 1986-1987 1,030,030 5,099,143 2,009,72O 1,498,059 297 219 401 454 800 639 957 208 272 183 198 945 300 458 380 850 4,214,558 2,416,021 230,481 1,530,342 8,773,760 235,173 557,724 42,410 $ 32,660,419 $ 383,884 180,056 2,949,499 1,181,899 25,828 966,827 298,684 33,424 514,453 400,981 740,804 371,302 37,351 317,995 29,600 $ 8,432,587 -4- Item of Expenditures Budget 1986-1987 Library Department: Administration: Administration Programming and Community Services Public Services: Great Neck Area Library Bayside Area Library Oceanfront Area Library Kempsville Area Library Windsor Woods Area Library Information Services Extension Services Special Services Central Library Municipal Reference Collection Management and Automated Services: Cataloging and Processing Automated Services Collection Management Total 332,115 57,703 257,810 265 192 232 923 299 545 260 358 522 172 214 813 167 353 102 510 125 679 520,527 144,878 831,653 $ 4,335,231 $ 416,294 398,061 479,225 $ 1,293,580 $ 149,388 246,975 151,178 69,700 $ 617,241 Planning Department: Management and Support Comprehensive Planning Operations Total Agriculture Department: Administration VPI Extension Services Farmers' Market Environmental Services Total Department of Economic Devel0,pment: Director of Economic Development Civic Center Tourist Development Industrial Development Convention Promotion Pavilion Parking Lots Total 237,063 48,126 2,175,776 602,950 461,674 1,221,122 40,782 $ 4,787,493 Department of General Services: Administration: Director of General Services Employee Safety Francis Land House 201,791 145,660 64,810 -5- Item of Expenditures Department of General Services: (concluded) Building Maintenance: Management and Support Electrical Heat and Air Conditioning General Maintenance Custodial Landscape Division: Superintendent of Landscape Services Grounds Maintenance Beautification Clean Community Beach Maintenance Street Cleaning Mail Distribution Total Boards and Commissions: General Registrar Resort Area Advisory Commission Mosquito Control-Kempsville/Bay$ide Mosquito Control-Princess Anne Mosquito Control-Virginia Beach/Lynnhaven Zoning Board of Appeals Arts and Humanities Commission Mass Transit Operations Wetlands Board of Virginia Beach Department Volunteer Council Erosion Commission Joint Cable Production Joint Cable Operation Total Non-Departmental: Contributions Fire Department: Administration Fire Prevention Fire Suppression Fire Training Forestry Total Department of Data Processing: Administration Systems and Programming Computer Operations Budget 1986-1987 $ 3,480,228 469,394 783,563 1,820,206 1,905,364 381,946 1,819,787 1,306,743 40,242 311,273 293,043 175,720 $ 13,199,_7,70 $ 367,557 581,585 424,754 531,106 21,464 340,000 745,500 14,622 34,609 1,756,457 187,314 147,31~ $ 5,152,283 $ 873,424 $ 582,575 1,077,514 11,407,250 439,639 12~159 $ 13,519,--137 370,996 1,216,156 2,301,242 -6- Item of Expenditures D~partment of Data Processi~g: (concluded) Records and Mtcrographics Total Department of Permits and Inspections: Administration Housing Code Enforcement Building Inspections Zoning Code Enforcement Weights and Measures Total Department of Mental Health: Board Office Comprehensive Mental Health: Program Clinical Support Geriatric Services Outpatient Services Community Rehabilitation Emergency Services Child and Youth Services Mental Retardation/Developmental Disabilities: Program Support Residential Services Adult Services Transportation Program Respite Care Program Infant Stimulation Program Substance Abuse Services Alcohol Safety Action Program Alcohol Detoxification Total Offices: Information System Coordination Office Office of Emergency Services Division of Emergency Medical Services Virginia Museum of Marine Sciences Office of Research and Strategic Analysis Office of Budget and Evaluation Resort Programs Office Total Transfers to Other Funds: Reserve for Contingencies: Regular Budget 1986-1987 $ 315,979 $ 4,204,373 $ 472,484 224,697 888,564 296,314 98,053 $ 1,980,112 $ 249,365 290,011 115,778 419,751 685,052 436,580 445,713 250,103 209,325 344,839 106,730 84,001 72,179 597,768 565,004 303~715 $ 5,175,914 $ 512,559 103,116 860,452 775,919 374,853 483,57~ 497,189 $ ,3,607,664 $ 131,785,441 $ 536,853 -7- Budget Item of Expenditures 1986-1987 Reserve for Contingencies: Salary Service Awards Environmental (concluded) Total TOTAL GENERAL FUND $ 4,000,000 358,358 100,000 $ 4,995,211 $ 295,667,683 WATER AND SEWER FUND: Department of Public Utilities: Director's Office Engineering Water Production/Resources Water Purchase Operations Administration Water Distribution Water Production Sewer Collection Sewer Pump Stations Customer Services Total Revenue Bond Debt Service: Transfer to Other Funds: Reserve for Contingencies: Regular Salary Total TOTAL WATER AND SEWER FUND 292,557 2,558 288 210 580 8,175 266 729 736 2,197 977 1,327 854 1,573 288 2,697,684 3,580,046 $ 23,343,276 $ 10,254,967 $ $ 4,__936,,067 673,246 331,466 $ 1~004,7l__2 $ 39,539,022 GOLF COURSE ENTERPRISE FUND Red Wing Golf Course Bow Creek Golf Course Kempsville Greens Golf Course Total TRANSFERS TO OTHER FUNDS: RESERVE FOR CONTINGENCIES: Salary TOTAL GOLF COURSE ENTERPRISE FUND $ 606,812 458,754 631,974 $ .1~,697.,.54.0 $ 126,000 $ 28,080 $ 1,851,620 -8- Item of Expenditures MARINE SCIENCE MUSEUM GIFT SHOP ENTERPRISE FUND: Offices: Marine Science Museum Gift Shop Transfers to Other Funds TOTAL MARINE SCIENCE MUSEUM GIFT SHOP ENTERPRISE FUND Budget 1986-1987 $ 168,421 $ 42,223 $ 210~644 $ 178,671,982 $ 104,277 SCHOOL OPERATING FUND: Department of Education LAW LIBRARY FUND: Library Department: Law Library Reserve for Contingencies: Salary TOTAL LAW LIBILARY FUND $ 2~70p_ $ 106,977 GENERAL DEBT FUND: Debt Service $ 35,272,454 $ 674,421 $ 35,123 $ 709,544 PENDLETON CHILD SERVICE CENTER FUND: Judicial Department: Pendleton Child Service Center Reserve for Contingencies: Salary TOTAL PENDLETON CHILD SERVICE CENTER FUND TIDEWATER VIRGINIA ASAP FUND: Department of Mental Health: Tidewater Virginia ASAP Reserve for Contingencies: Salary TOTAL TIDEWATER VIRGINIA ASAP FUND 704~735 29,714 $ 734,449 -9- Item of Expenditures COMMUNITY DEVELOPMENT FUND: Executive Department: Community Development Administration Rehabilitation Administration Housing/Counsel Total Reserve for Contingencies: Salary TOTAL COMMUNITY DEVELOPMENT FUND B~dget 1986-1987 430,175 195,537 26,079 651,791 21,604 673,395 74,605 3,399 78,004 430~600 GRANTS CONSOLIDATED FUND: Community Development Department Housing Section 8 Reserve for Contingencies TOTAL GRANTS CONSOLIDATED FUND SCHOOL CAPITAL PROJECTS FUND: Department of Education: School Construction ENGINEERING AND HIGHWAYS CAPITAL PROJECTS FUND: Public Works Department: Highway Construction $ .4,585,76__1 BUILDING CAPITAL PROJECTS FUND: Capital Equipment WATER AND SEWER CAPITAL PROJECTS FUND: Department of Public Utilities: Water Construction Sewer Construction $ 500,000 TOTAL WATER AND SEWER CAPITAL PROJECTS FUND $ 500,000 500,000 $ 1,000,000 -10- Item of Expenditures TOTAL BUDGET Less: Interfund Transfer NET BUDGET Budget 1986-1987 560,032,135 136,889,731 423,142,404 -11- Section 2. Subject to the provisions of Chaper 2, Article III, of the Virginia Beach City Code, the salaries and wages set forth in detail in said Annual Budget, are hereby authorized and fixed as the maximum compensation to be paid for services rendered. The total of permanent positions, shall be the maximum number of positions authorized for the various departments of the City during said fiscal year except changes or additions authorized by the Council and as hereinafter prov£ded. The City Manager may from time to time increase or decrease the number of temporary positions provided the aggregate amount expended for such services shall not ex- ceed the respective appropriations made therefor. The City Manager is authorized to make such rearrangements of positions within and between bureaus, divisions, and departments named herein, as may best meet the uses and interests of the City. Section 3. Ail collections of delinquent City taxes shall be credited to the General Fund of the City by the Treasurer. Section 4. Ail collections of local taxes levied shall be credited to the General Fund of the City. Transfers shall be made from the General Fund to the respective specially designated funds for which a levy is made in the respective amounts levied for each such specially designated fund. Section 5. Ail balances of the appropriations payable out of each fund of the City Treasury unencumbered at the close of business for the fiscal year ending on the thirtieth (30th) day of June, 1987, except, as otherwise provided for, are hereby declared to be lapsed into the surplus of the respective funds, except School Operating Fund which shall lapse into the General Fund Surplus, and may be used for the payment of the appropriations which may be made in the appropriation ordinance for the fiscal year beginning July 1, 1987o However, there shall be retained in the General Fund Surplus an undesignated amount not -12- less than the range of seventy-five (75) to one hundred (100) percent of the budget for city and school debt service payments for that fiscal year for con- tingencies and emerge~c,~ ,situations and not to be use,~ i~o support a_ppropriation{ approved in the ordinance for the fiscal year beginni~g__July 1, ~p~7, except, upon subsequent authorization by, ~t¥ Council% Section 6. No department or agency for which appropriations are made under the provisions of this Ordinance shall exceed the amount of the appropriations except with consent and approval of the City Council first being obtained, but it is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the totals for each operating appropriation unit included in this Ordinance and does oot ~ to Interfund Transfers. The City Manager or the Assistant City Manager for Analysis and Evaluation is hereby authorized to approve transfers for appropriations within any depart- ment or between departments in an amount not to exceed $10,000 in any single transaction, and is further authorized to approve transfers and expenditures from the Reserve for Contingencies in an amount not to exceed $10,000 in any single transaction except as herein provided. The City Manager may limit expenditures to the classes of appropriations as set forth in the budget document or as required by the State Auditor of Public Accounts if such requirements are dif- ferent from the classes shown in the budget document. In addition, the City Manager may transfer appropriations from Reserve for Contingencies, in amounts necessary, for across-the-board salary increases approved by City Council and for microcomputers from the microcomputer reserve. Section 7. Nothing in this section shall be construed as authorizing any reduction to be made in the amount appropriated in this Ordinance for the payment of interest or bonds on the bonded debt of the City Government or the former political subdivisions of Virginia Beach and Princess Anne County. Section 8. Allowances out of any of the appropriations made in this Ordinance by any or all of the City departments, bureaus or agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed twenty-one cents (21¢) per mile of actual travel for the first 15,000 miles and eleven cents (11¢) per mile for additional miles of such use within the fiscal year. Section 9. Ail traveling expense accounts shall be submitted on forms approved by the Director of Finance and according to regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses, meals, and incidental expenses. The Director of Finance is specifically directed to withhold the issuance of checks in payment of expense accounts submitted for "lump-sum" amounts, including payments to employees of the School Board. Section 10. That this Ordinance shall be in effect from and after the date of its adoption. Section 11. That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for any reason declared to be unconstitu- tional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. First Reading: Second Reading: May 12, 1986 Adopted by the Council of the City of Virginia Beach, Virginia, on the th day of , 1986. -14- - 21 - Item II-K.1.b. ORDINANCES ITEM U 25374 Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council APPROVED upon FIRST READING: Ordinance establishing the Tax Levy on Real Estate for Tax Fiscal Year 1987. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 12, 1986 - 2la- AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR TAX FISCAL YEAR 1987 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON REAL ESTATE. There shall be levied and collected for fiscal year 1987 taxes for general purposes on all real estate, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of eighty cents ($.80) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such real property except for public service real property which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia, as amended. Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS PRO- VIDED FOR IN SECTION 58.1-2604 OF THE CODE OF VIRGINIA (1950),. AS AMENDED. There shall be levied and collected for general purposes for f~scal year 1987 taxes on all Public Service Real Property, which has not been equalized as pro- vided for in Section 58.1-2604, of the Code of Virginia (1950), as amended, on each one hundred dollars ($100) of assessed valuation thereof at a rate to be determined in accordance with Section 58.1-2606 of the Code of Virginia (1950), as amended. -15- Section 3. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUI.PM~T__AN~_ FACILITIES" CLASSIFIED AS REAL ESTATE. There shall be levied and collected for general purposes for fiscal year 1987 taxes on all real estate certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, at the rate of eighty cents ($.80) on each one hundred dollars ($100) of assessed valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real property. Section 4. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. Section 5. EFFECTIVE DATE. This Ordinance shall be in effect from and after the date of its adoption. First Reading: Second Reading: May 12, 1986 Adopted by the Council of the City of Virginia Beach, Virginia, on the th day of · 1986. -16- - 22 - Item II-K.1.c. ORDINANCES ITEM 1/ 25375 Upon motion by Councilman Louis Jones, seconded by Councilman Jennings, City Council APPROVED upon FIRST READING: Ordinance establishing the Tax Levy on Personal Property and Machinery and Tools, AS AMENDED*, for the Calendar year 1987. *Under Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT WEIGHING FIVE TONS OR MORE and Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERLBAF! USED FOR RECREATIONAL PURPOSES ONLY: The rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation will be changed to the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation. Said Amendments will be reflected in the SECOND READING of the Ordinance establishing the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 1987, to be ADOPTED on May 15, 1986. Voting: 9-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr. , Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr. , D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: Barbara M. Henley and Vice Mayor Reba S. McClanan Council Members Absent: None - 22a - AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 1987. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY. In accordance with Chapter 35 of Title 58.1 of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1987 taxes on all tangible personal property, not exempt from taxa- tion and not otherwise provided for in this Ordinance, at the rate of three dollars, eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. In accordance with Section 58.1-3504 for the Code of Virginia (1950), as amended, certain household goods and personal effects as defined t~erein shall be exempt from taxation. Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PRO- PERTY USED AS MOBILE HOMES. In accordance with Section 58.1-3506 (A)(8) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1987 taxes on all vehicles without motor power, as defined in Section 36-71 (4) of the Code of Virginia (1950), as amended, used or designated to be used as mobile homes, at the rate of eighty cents ($.80) on each one hundred dollars ($100) of assessed valuation thereof. -17- Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT WEIGHING FIVE TONS OR MORE. In accordance with Section 58.1-3506 (A)(1) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1987 taxes on all boats or watercraft weighing five tons or more at the rate of one dollar, fifty cents ($1.50) ~-~ ~oTM .... ~-~ ........ /~ ~ on each one hundred dollars ($100) of assessed valuation thereof. Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY. In accordance with Section 58.1-3503 (A)(18) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1987 taxes on all tangible personal property certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" as defined in Section 58.1-3660 of the Code of Virginia (1950), as amended, not exempt from taxation, at the rate of three dollars, eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS, FARM TOOLS~ AND FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE NURTURE OF FARM LIVESTOCK AND POULTRY. In accordance with Section 58.1-3505 of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calen- dar year 1987 taxes on all farm machinery and implements, farm tools, and farm livestock, including all horses, poultry, and grains and feeds used for the nur- ture of farm livestock and poultry, not exempt from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof. -18- Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS. In accordance with Section 58.1-3507 of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calen- dar year 1987 taxes on machinery and tools, not exempt from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof. Section 7. AMOUNT OF LEVY ON AIRCRAFT. In accordance with Section 58.1-3506 (A)(2,3) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1987 taxes on all aircraft at the rate of three dollars, eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 8. AMOUNT OF LEVY ON ANTIQUE AUTOMOBILES. In accordance with Section 58.1-3506 (A)(4) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1987 taxes on all antique automobiles at the rate of three dollars, eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMEN__T In accordance with Section 58.1-3506 (A)(6) of the Code of Virginia (1950), as amended, there shall be levied and collected for gemeral purposes for the calendar year 1987 taxes on all heavy construction machinery at the rate of three dollars, eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. -19- Section 10. AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE PERSONAL PROPERTY. In accordance with Section 58.1-3506 (A)(5) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1987 taxes on all Research and Development Business tangible per- sonal property, not exempt from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof. Section 11. AMOUNT OF LEVY ON ENERGY CONVERSION E~UIPMENT. In accordance with Section 58.1-3506 (A)(7) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1987 taxes on all energy conversion equipment at the rate of one dollar ($1) on each one hundred ($100) of assessed valuation thereof. Section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE. In accordance with Section 58.1-3506 (A)(9) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1987 taxes on all computer hardware used by businesses primarily engaged in providing data processing service to other nonrelated or nonaf- filiated businesses, not exempt from taxation, at the rate of three dollars, eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERCR~T USED FOR RECREATIONAL PURPOSES ONLY. In accordance with Section 58.1-3506 (A)(10) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1987 taxes on all privately owned pleasure boats and watercraft used for recreational purposes only, at the rate of one dollar and fifty cents ($1 50) ........................ ~ Q~ on each one hundred dollars ($100) of assessed valuation thereof. -20- Section 14. ASSESSED VALUE DETERMINATION. In accordance with Section 58.1-3103 of the Code of Virginia (1950), as amended, personal property mentioned in the above sections shall be assessed at actual fair market value, to be determined by the Commissioner of Revenue for the city of Virginia Beach. Section 15. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause, or phrase of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 16. EFFECTIVE DATE. This ordinance shall be in effect January 1, 1987. First Reading: Second Reading: May 12, 1986 Adopted by the Council of the City of Virginia Beach, Virginia on the__ day of , 1986. th -21- Item II-K. 1.d. - 23 - O~I)INANCES ITEM # 25376 Upon motion by Councilwoman Creech, seconded by Councilman Jennings, City Council ADO~rZO: Ordinance to amend and reordain Section 31-61 Subparagraph (a) of the Code of the City of Virginia Beach, Virginia, pertaining to the charge for depositing Solid Waste at City Refuse Disposal Areas. Voting: 10-0 Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: John A. Baum May 12, 1986 - 23a - AN ORDINANCE TO AMEND AND REORDAIN SECTION 31-61 SUBPARAGRAPH (a) OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO THE CHARGE FOR DEPOSITING SOLID WASTE AT CITY REFUSE DISPOSAL AREAS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT SECTION 31-61 SUBPARAGRAPH (A) IS HEREBY AMENDED AND REORDAINED AS FOLLOWS: Section 31-61. Use Char.g_e_s. (a) There shall be a fee of thirtccn sixteen dollars and fifty cents ($12.99 $16.50) per ton, or a four dollar ($4.00) minimum charge for less than one ton, or any part thereof, for all sanitary solid waste, refuse, debris or garbage generated solely within the city and deposited at the city refuse disposal areas; provided, however, that residents of the city depositing sanitary solid waste, refuse, debris or garbage generated solely from their households may deposit the same free of charge. This Ordinance shall be effective on July 1, 1986. Adopted by the City Council of the City of Virginia Beach on the 12th day of May 1986. -22- May 12, 1986 - 24 - Item II-K.2. ORDII~CF~ ITEM # 25377 The following registered against repeal of the PD-HI AIID PI)-H2 I~ U~IIT D~VKLOPI~NTDISTICTS ORDINANCE: William J. Davenport, III, General Partner, Southeastern Virginia Investors James R. Morrow represented Lotus Creek Associates. The above mentioned gentlemen withdrew their OPPOSITION as applications already filed relative the PD-H2 would still be considered. Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City Council ADOPt: Ordinance to amend and reordain Article 11, Section 1100 and to repeal Sections 1120, 1121 and 1122 of the Comprehensive Zoning Ordinance pertaining to PD-H1 and PD--H2 Planned Unit Development Districts, AS AN~I~D.* *In Paragraph 3, line 4, the word "approval" shall be deleted and replaced by the word "acceptance" to read: "Whereas, the City Council is of the opinion that until the consultant's study is completed and Council has received the staff's recommendations, that there should be no further m~p=~vs~ acceptance of applications for PD-H2 rezonings. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech~ Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None *Verbal Aye May 12, 1986 - 24a - AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 11, SECTION 1100 AND TO REPEAL SECTIONS 1120, 1121 AND 1122 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO PD-H1 AND PD-H2 PLANNED UNIT DEVELOPMENT DISTRICTS WHEREAS, on April 14, 1986 the Council of the City of Virginia Beach deferred an ordinance which would have eliminated, prospectively, the PD-H2 classification from the Comprehensive Zoning Ordinance; and WHEREAS, in deferring the said ordinance the Council instructed the city staff to seek the opinion of a consultant concerning changes to be made to the requirements contained in the PD-H2 classfication and to report their recommendations to the Council; and WHEREAS, the City Council the consultant's study is completed is of the opinion that until and Council has received the staff's recommendations, that there should be no further acceptance of applications for PD-H2 rezonings. NOW, THEREFORE, BE IT OF VIRGINIA BEACH, VIRGINIA: ORDAINED BY THE COUNCIL OF THE CITY That Article 11, Section 1100, General intent, of the C.Z.O. be amended and reordained follows: legislative in part as Sec. 1100. General legislative intent. amM-eha~ae~e~v It is the intent of the Planned Unit Development Districts to recognize those areas currently developed, being - 24b - developed, or proposed for development under planned unit development regulations as zoned PD-H1 or PD-H2. It is not the intent to create additional PD-H1 or PD-H2 Districts, or to enlarge the limits of existing PD-H1 or PD-H2 Districts. ~%-~s in their That Article entirety. This Ordinance 11, Sections 1120, 1121 and 1122 be repealed shall become effective IMMEDIATELY Adopted by the Council of the City of Virginia Beach, Virginia, on the 12thday of M~Y , 1986. GLF/jmh 4/23/86 5/13/86 (D) -2- Item II-K.3 - 25 - ITEM # 25378 Attorney Bruce Murphy spoke in favor of the Ordinances pertaining to dogs on thc beach and the Leash Law. Mr. Murphy distributed photographs showing injuries to children by dogs. OPPOSITION: Attorney Moody Stallings represented Mac Jenkins and others in opposition to the Ordinance pertaining to dogs on the beach and the Leash Law. Mr. Stallings advised the City of Virginia Beach was not liable for injuries to children by dogs. Elizabeth Sills, Special Projects Coordinator for the VIRGINIA FEDERATION OF M~MANE SOCIETIES, INC., presented a summarization of the position of citizens in opposition as well as letters and a petition. (Said information is hereby made a part of the record.) Mac Jenkins, resident of 7300 Ocean Front, presented a petition containing over 400 signatures. This same petition had been presented last year. (Same is hereby made a part of the record.) The City Clerk referenced opposition by 'phone of Mtmi Karesh. Councilman Jennings advised of a Status Sheet entailing various Beach Resorts on the East Cost and their regulations concerning DOGS ON TME BEACh{. Copies of this survey had been presented to Council on April 28, 1986, and were again distributed. A MOTION was made by Councilman Jennings to ADOPT an Ordinance to amend and reordain Section 6-5 of the Code of the City of Virginia Beach, Virginia, pertaining to dogs on beach. As there was no SECOND, this MOTION FAILED. City Council took NO ACTION: Ordinance to amend and reordain Section 6-5 of the Code of the City of Virginia Beach, Virginia, pertaining to dogs om beach. AND/OR Ordinance to amend and reordain Section 5-73(A) of the Code of the City of Virginia Beach, Virginia, pertaining to keeping dogs under restraint: Leash Law, May 12, 1986 - 26 - Item II-L CONSENT AGENDA ITEM # 25379 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council APPROVED in ONE MOTION Items 1, 2, 3 and 4. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 12, 1986 - 27 - Item II-L.1 CONSENT AGENDA ITEM # 25380 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED: Resolution requesting the Governor to request the Secretary of the Army to place sand on the beaches of Virginia Beach. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold l~ischober Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 12, 1986 - 27a - RESOLUTION REQUESTING THE GOVERNOR TO REQUEST THE SECRETARY OF THE ARMY TO PLACE SAND ON THE BEACHES OF VIRGINIA BEACH WHEREAS, the project for the deepening of the Hampton Roads Channel is proceeding through the Congress of the United States; and WHEREAS, there is an quality sand that will be dredged and undetermined amount of beach as a result of this project; WHEREAS, Public Law 94-58, Section 145, authorizes the Secretary of the Army acting through the Chief of Engineers to place on the beaches of states which request same beach quality sand which has been dredged in construction and maintaining of navigation inlets and channels adjacent to such beaches; and WHEREAS, the City is desirous of receiving such sand for the nourishment of its public beaches. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the Governor of Virginia, the Honorable Gerald L. Baliles, is requested to seek through the Secretary of the Army to have any available beach quality sand dredged as a result of the Hampton Roads Channel Dredging Project placed on the public beaches of the city. Adopted bYl~the Council of the City of Virginia Beach, Virginia on May , 1986. .... 27b - ..-. II proeldiug 1,roteetlo~ oxJair~t tidal and ltucial floodinff. T~ investiga- tion ~hMI evalu~e th~ effect~ o/any ~oposed improve~s ~ ~- life pre~e~ afl.cuttle, mu~pd a~ urban i~e~sts in co~i*~tion ~h FederM, 8~ate, re~i~, a~ toc~ age.s part.ar re/e~e to presem~ of em~ti~ mrsM~d in the ~an Fra~co BaF region. ~c. 1M. T~ ~et~ of the Am~, ~tinf thr~fh the ~hie/ E~i~ers, is 3erebg a~ho~zed and directed to co~erat~ witA t~ gover,~nt o[ f)e Temito~ q AmMcan ~ ~rt~ar ~]ere~. to proo~tn~ a p~n for the deve~p~nt, tt~ shall t,]~l~e a~mp~e consMer~i~, of the ~e~ ~otection, uise ~e o/flood pl~n ~nds, ~vif~n [~it~s, h~dro. e~ct~ poi~r ~ene,'atloth re~al ~'~er au~pl~ ~ w~te w~er ~nafem~d faeries sFstems, ~emeral re~eati~ ]~lit~, ~e- ~ and corral o/w~er fu~itf, enha~e~nt a~ ~h a~ wildlife, and other mea~res for envi~n~ en~a2we~, eco~m~ and hu~a resources derelopment, and $~l be witA c~ehe~ve develop~nt pla~ fofm~ed b~ l~al ~e~t a~ other ~Mrested Federal age.s. ~*c. 1~. T~ ~eta~ of the AmF, acti~ thro~A ~m]ineers, in cooperation v:ith the StYe of Ha~ a~ ap~re~ffate m~as o/locM fore~ment, shdl make a stay of ~thod~ to develop, ~ilize, and consem'e water a~ land resources in t~ ~ Be.V Area, ~awaii, and Kodlua-Kona, Hawah'. A'~h studg t~dl indue, but be limited to, canslderetion of the ~ed for flood protect~, appra- iser use of ~o~ plMn lands, mat, ifat~n rarities, h~droelect~c po~er georgia, refionM w~er *u~pl~ a*td w~te w~er rarities s~stem, recreatimt faculties, en~.~emnt o/water ~it~, en~nceme~ mtd c~sc~'atfon of ffs~ and wHdflfe, ot~r measures /or eneironmentaf enhanceme:2, a~ ec~mfc and human relources d~rcl~ment. ~aaed upon the ~mdfn9s of suc~ studg, t~ ~ccrefamj of the A~, actiaff tI~ra~h t3e ~Aicf s~ll Frepare a plan/~r the impfe~taeion o/ ~t~A ~v~in~ whic~ s~I bc c~patible w~ other cam~ehe~ive devdo~nent pla~ pre- ~ared b~ lo~ plannln~ agendes ~d other interested Federa?a~endes. ~_Src. 1~. T~ aecr~a~ o/the A~, acti~ throu~a t~e ?ie/ o/ ~'~neers, is aut~o~.ed upon request of t~ 8tare, t~lac~ on the oeacl, ca o[ s~h St~ bcorh-qualit.~ .~n~d wMch has been dred~cd in~ c~.~D~tcttn] ~td mvintaln;.g naciyat;o~[ i'nlct~ at~d c~annd[~ adjacent to such beac~e% i/t3e ,~ecrett. F deem.s .*uch a*'t;o~ to be in t~e public intereM and u~og pagme*tt of thc incrca.wd co~t thereof abate thc cost re~uired /or altcmtatlve method.* o[ di~posing of s~h Sec. 146. T~ project ior ~rbor'iml,~vement at ,Yoga, .l/cndocino Ua ~ntF. Cah[orn~a. aut3ot~_ed by the l,, er and Harbo~ Art o/ (76 Stat. 117.]). is 3erebg modified to authorize the Secreta~ of thc Arm~, acti~ th~'mtgh the Chief of E~gineers, to const~ct such breakw~ers as ma~ be ~eeded to prochle *tecessa~ protectio% bvt ~ot marc t~an t,ro, and to consDntct suc3 additional cfianr~l improvc. mint,, incl~i~,y, but ,at limited to, deepening, widenin2. and e~'tcn.*ion~, as he d~crn.* nere~.~ttr~ to ~neet al~plicablc ero~o~nic and cnrironmcnl,tl ( riteria. May 15, 1986 - 28 - Item II-L.2 CONSENT AGENDA ITEM # 25381 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED upon SECOND READING: Ordinance to accept and appropriate $382,317 for the purpose of lease-purchasing an aerial apparatus truck for the Fire Department. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 12,1986 i ~. - 28a - '~' ~, the last Insu~ce S8~tces Off,ce repor~ i~tfiad a ~jo~ deficiency in ~h8 availab~l~y of aer~a~ apparatus within the c~y of Virginia bach for fire fiehCins capability, ~d Idt~Pd~AS, during negotiations for tho purchase of two ladder/pumper apparattm currently budgeted for fiscal y~ar 1985-1986, it vas dstaminsd that ar'. additional aerial apparatna could be purchased now at a cost savings of $32,000 and a delivery time savings of six months, and WHEREAS, this opportunity will allow the city to address the above deficiency and to obtain significant savings at tho same time, and 'Wt~REAS, in consideration of tho useful life of tho vehicle and tbs favorable financing snvirommnt, it is recommended that the appropriations of $382,317 required to purchase the vehicle be funded from tho proceeds of a lense- purchase agreement. NO~ THgRE~ORI~ BE IT ORDAINED BY THR COUNCIL OF TH]~ CITY OF VIRGINIA I~ACH, VIRGINIA, That $382,317 ho appropriated to purchase of aerial apparatus for tho Firs Department, and That these appropriations ho financed by revenue renlizad from a lease- purchase agreement. Adopted by the Council of tho City of Virginia Beach, Virginia on the Twel[th day of Hay , 1986. This ordinance shall b~ effective from tho data of its Adoption, NaN 5~ 1986 May 1 2, 1986 I~R/20RD5 ~ay 5, 1986 - 29 - Item II-L.3 CONSENT AGENDA ITEM # 25382 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council ADOPTED upon SECOND R~ADING: Ordinance to accept and appropriate $300,000 for the purpose of lease-purchasing a replacement ladder truck for the Fire Department. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 12, 1986 - 29a - WHEILEAS, the last Insurance Services Office report had identified a AN ORDINANCE TO APPROPRIATE $300.000 FOR ~ PURPOSE OF LEASE-PURCUASING A REPLACI~fl~tT LADDER TRUCK FOR THE FIP~ DEPARTMENT major deficiency in the availability of aerial apparatus within the city for fire fighting capability,and I4H~, during recent certification tests a ladder truck in the Fire Department (vehicle #29§0) was determined to be no longer safe to operate, and subsequently declared unserviceable, end 1~, it was determined that the unit was too critical to fire operations within the city to postpone its replac99.nt until the next budget cycle. I~{~, in consideration of the useful life of the vehicle end the favorable financing environment, it is recommended that the appropriations of $300,000 required to purchase the vehicle be funded from the proceeds of a lease- purchase agreement. NOW THEREFORE BE IT ORDAINED BY ~ COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, That $300,000 be appropriated to purchase a ladder truck for the Fire Department, and That these appropriations be financed by revenue realized from a lease- purchase agreement. Adopted by the Council of the City of Virginia Beach, Virginia on the 12 day of May , 1986. This ordinence shall be effective from the date of its adoption. FIRST ILV~DING~ SECOND READING: May 5, 1986 May 12, 1986 lO, R/20RD4 - 30 - Item II-L.4 CONSENT AGENDA ITEM # 25383 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Creech, City Council APPROVED CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY: Diamond Cab Company Pacific Corporation Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 12, 1986 Item II-M.1 - 31 - ITEM # 25384 Upon NOMINATION by Vice Mayor McClanan, City Council ~F~%PPOIN'£~D to the AilT$ A~D HUMANITIES COMMISSION for a two (2) year term from July 1, 1986, to June 30, 1988: Robert M. Burchett Em Davis Thomas A. Felton, Jr. Delores B. Kelley Ernestine K. Middleton Helen Sarrett Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Hei$chober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 12, 1986 - 32 - Item II-M. 1.a. ITEM # 25385 ADD-ON Upon NOMINATION by Councilman Jennings, City Council CREATED ~ APPOINTED: VIRGINIA BEACtl COASTAL STUDY Claude D. Boyd, III Pam Brockwell Richard Browner, Chairman Robert Bryne Fred Feller Robert E. Fentress H. Jack Jennings, Jr. Helen McDonald David Oglesby George Ortel Donald Trueblood John B. Walsh Jack Whitney Don Williams Councilman Jennings advised this Committee would convene June 1, 1986, and terminate with recommendations on September 1, 1986. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 12, 1986 Item II-M.2/M.4/M.7 - 33 - ITEM # 25386 BY CONSENSUS, City Council llESCI~IRnI~ the following APPOINTMENTS: HOUSING BOARD OF APPEALS SOCIAL SERVICES BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION May 12, 1986 - 34 - Item II-M. 3 ITEM # 25387 ADD-ON Upon NOMINATION by Councilman McCoy, City Council APPOINTED to the EAST~N VIRGINIA HEALTh{ SYSTEMS AGENCY, INC. for a three (3) year term from July 1, 1986, to June 30, 1989: Ltnwood Leavitt Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: Council Members Absent: None May 12, 1986 - 35- Item II-M.5. ADD-ON ITEM # 25388 Upon NOMINATION by Councilwoman Oberndorf, City Council RF~POINT~A} to the SOiFI~T~tN VIRGINIA JOB TIIAINING ADMINISTRATION - PRIVATE INDUSTRY COUNCIL for two (2) year terms from July 1, 1986, to June 30, 1988: Joseph Christian (Labor Representative) Boyd Colgate (Private Sector Representative) C. G. Harris (Private Sector Reprsentative) William S. Johnson (Private Sector Representative) Michael F. LaBouve (Education Representative) Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Hetschober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 12, 1986 Item II-M.6. - 36 - ITEM # 25389 Upon NOMINATION by Councilman Louis Jones, City Council REAPPOINTED to the $OUT~E~ST~IN VIRGINIA PLA~ING CO~I$$ION for a three (3) year term from July 1, 1986 to June 30, 1989: Robert W. Clyburn Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None May 12, 1986 Item II-N.1 - 37 - UNFINISN~ BUSINESS ITEM # 25390 The Deputy City Manager introduced Donald Trueblood, Chief Engineer, who addressed Council's concerns concerning Underground Utility Policies and Utility Pole Standards. Contained within Council's Agenda was a report concerning CONFORI~ITY OF UTILITY POLES. (Said report is hereby made a part of the record.) Concerning tree protection, when utilities are being placed underground, and trenching and draining activities occur within the area between the trunk and the "drip line", the roots are cut and the trees decline and in some instances die. The majority of the "feeder roots" are in the top 8" of the soil. The narrow width of utility easements and green space and rights-of-way make same extemely difficult. An alternative would be to bore or push the lines under the root system but this is extremely expensive and should only be considered for specimen or historic trees. If trees should be removed, an alternative would be tree replacement. Jack Whitney, Chief of Comprehensive Planning, and Chairman of the l~lgg PRO~CTION T~,SK FORCE, discussed tree replacement and damage by utilities. During the course of development, significant numbers of trees are lost of necessity in order for various pieces of the total infrastructure to be installed. A number of possible solutions have arisen from same. One solution would be to require, a mandatory planting approach. It is actually not advisable to attempt to retain certain trees in a very different environmental setting from that which they grew; i.e, a forest area relatively dense with trees. What may be retained would resemble a "lodge pole" with a few branches on top. It is not easy to retain a tree which goes from a transformation from living in a forest to a subdivision as same is fairly traumatic. The ~Rgg PROTECTION TASK FORCE is investigating an amendment to the Subdivision Ordinance which would simply require as part of the improvements package during development, trees be placed in the right-of-way. The feasibility of same is being investigated. The approach regarding the problem of tree losses is not one of replacement but one of mandatory installation as part of an overall improvements package. William Miller, Director of Customer Services for the Virginia Beach District of Virginia Natural Gas, advised during installation of underground utilities the Company did attempt to preserve the trees. When a subdivision is laid out, a 15-foot easement must be secured. Many times it is mandatory that 15 feet be cleared due to operation. Once the line is installed, the Company must maintain this line forever. Safety is a great factor encompassed in the engineering and design. If a historic tree is involved, Virginia Natural Gas has bored under the tree. The easements are difficult to interpret when the Company zigzags to miss trees. A service cable is buried 24" and a primary one is buried 30". Forty-eight hours before the property owner is to dig, he should call "Miss Utility" for location for said cable. Overhead utilities are much easier to repair. Mr. Miller further advised the cresote pole was first utilized by Virginia Power. During the past twelve to fifteen years, Virginia Power has used poles that are salt treated, a pine pole or a fir which is more aesthetically pleasing. The City specifies the poles to be used for traffic signal installations (steel) and for street lighting (concrete or timber). Every pole is not a power pole, quite a few are telephone poles, the City's, or Cox Cable's. Mr. Miller presented his opinions concerning the corner of Stlina and South Lynnhaven Road. Cresote poles, salt treated poles, street lights suspended from aluminum poles as well as brownish aluminum poles exist here. Across the street is a different colored flag pole. Mr. Miller advised the mechnism for joint use of one pole is available, if feasible. Jeff Smith, Division Forester for Virginia Power, was also in attendance. May ].2, 1986 - 38 - Item II-N.2 tINFINISH~D BU$I~$S ITEM # 25391 ADD-ON Councilwoman Oberndorf referenced the Resolutions ADOPTED by City Council concerning the site of the Hazardous Waste Disposal Unit and requesting two of the Naval installations within the City's boundaries NOT be selected. As decisions are being made concerning the siting, Councilwoman Oberndorf requested a written report by City Staff. The Staff has been monitoring same. May 12, 1986 - 39 - Item II-P. RECESS ITEM # 25392 Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council RE~ESSED to Thursday, May 15, 1986, at 12:00 P.M., for the SECOND READING of the FY 1986-1987 OP~IATING BUDGET, after which to adjourn. (4:55 P.M.) Voting: 7-0 Council Members Voting Aye: John A. Baum, Nancy A. Heischober, Barbara M. Meyera E. Oberndorf Creech, Robert E. Fentress, Mayor Harold Henley, Vice Mayor Reba S. McClanan and Council Members Voting Nay: None Council Members Absent: H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones and J. Henry McCoy, Jr., D.D.S. May 12, 1986