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OCTOBER 24, 1988 @it@ c)-f NTijr&Ci@i" "WORLD'S LARGEST RESORT CIW" C= COUNCIL -@OR M@@ E@ OREW--, VICE MAYOR R-.1 @@RT ]O.N A MUM, B@-- HAROW @ .@ HEI@L, I., -A J.@l D M@, @--Il -.,l W"U- D, S@.s, I... 281 CITY HALL BUILDING MUNICIPAL CE@ER AUBUI I --, j@,, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456 9002 1 - -.1, .11 Al@ (804) 421-4303 R- @O@ES S.'-, -@l-, @il C- OCTOBER 24, 1988 ITEM 1. CITY MANAGERIS BRIEFING - Conference Room - 5:00 PM A. STORMWATER MANAGEMENT STUDY Presentation by Camp, Dresser, McKee ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 6:00 PM A. CITY COUNCIL CONCERNS ITEM 111. INFORMAL SESSION - Conference Room - 6:15 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM IV. FORMAL SESSION - Council Chambers - 7:00 PM A. INVOCATION: Reverend Randy Childress Kempsville Church of Christ B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. MINUTES 1. RECONVENED EXECUTIVE SESSION - October 12, 1988 2. INFORMAL & FORMAL SESSIONS - October 17, 1988 E. CEREMONIAL PRESENTATIONS 1. CERTIFICATES OF COMMENDATION a. RICHARD ELLIOTT MAYORTS COMMITTEE FOR THE DISABLED b. PREDRICK (RICK) ARIAN WERTH 2. LITTLE MISS VIRGINIA BEACH a. CHARRISE MARIE DEVERA HIPOL 3. RESOLUTIONS IN RECOGNITION a. F. THOMAS HOLLAND WETLANDS BOARD b. SEATACK SPLASH COMMUNITY YOUTH DEVELOPMENT BOARD 4. PROCLAMATION a. RED RIBBON WEEK October 23 - 30, 1988 F. PUBLIC HEARING 1. PLANNING - RECONSIDERATIONS OF CONDITIONS a. Petition ot DOMINION BUILDING CORPORATION tor the discontinuance, closure and abandonment of a portion of Dwyer Road 455.5 feet Southwest of the intersection with Dam Neck Road, running in a Westerly direction 2782.7 feet, containing 2.553 acres (PRINCESS ANNE BOROUGH). APPROVED, subject to Compliance of Conditions on March 9, 1987 b. Application of NEW LIFE PRESBYTERIAN CHURCH for a Conditional Use Permit for a church on property located on the West side of North Landstown @oad, 1250 feet more or less South of Holland Road, containing 6.286 acres (PRINCESS ANNE BOROUGH). APPROVED BY City Council on June 13, 1988 c. Application of SANDBRIDGE COMMUNITY CHAPEL UNITED METHODIST CHURCH for a C)onditional Use Permit for a church at the Southwest intersection of Little Island Road and Bonita Lane on Lot 16, Section 1 and at the Southwest and Northwest intersections of Sandpiper Road and Bonita Lane on Lots 86-90, Section 2, Tract C, Sandbridge Beach, containing 1.62 acres (PRINCESS ANNE BOROUGH). APPROVED BY City Council on March 18, 1988 2. PLANNING a . Appi ication of EXXON COMPANY, U.S.A. for a Conditional Use Permit for car wash and gasol ine pumps in con,junction with a convenience store located at the Northwest intersection of Hol land Road ani- South Plaza Trai I , at 4240 Hol land Road, containing 42,869.87 square feet (KEMPSVILLE BOROUGH). Deferred August 22 and September 26, 1988 Recommendation: APPROVAL b. Appl ication of THOMAS M. & JULIA D. TYE for a Change of Zoning- District Classification from R-5D Residential Duplex District -To B-2 Community u iness District on property located on the West side of North Landstown Road, 400 feet more or less South of Monet Drive, at 1857 N. Landstown Road, containing 2.3 acres (PRINCESS ANNE BOROUGH) Recommendation: WITHDRAWAL c. Applications of GOODMAN-SEGAR-HOGAN for Changes of Zoning_ District Classification on property locate@on the Northeast side of Indian River Road (KEMPSVILLE BOROUGH): 1. From R-15 Residential District to B-lA Limited Community Business District, 270 feet more or less Southeast of Elbow Road, containing 6.1 acres. 2. From R-15 Residential District to B-2 Community Business District, 500 feet more or less Southeast of Elbow Road, containing 15.7 acres. Recommendation: WITHDRAWAL d. Petition of R. G. MOORE SU I LD I NG CORPORAT I ON for the discontinuance, closure and abandonment of portions of the following streets (BAYSIDE BOROUGH): 1. Unnamed Street, beginning at the Western boundary of the Northern extremity of 30th Bay Street, running in an Easterly direction 53.08 feet along the Northern boundary and 56 feet along the Southern boundary, 45 feet in width. 2. Pleasant Avenue, beginning at the Western boundary of 30th Bay Street, running in an Easterly direction 83.54 feet along the Northern boundary and 86.13 feet along the Southern boundary, 40 feet in width. 3. Pretty Lake Avenue, beginning at the Western boundary of 30th Bay Street, running in an Easterly direction 155.80 feet along the Northern boundary and 159.15 feet along the Southern boundary, 51.45 feet in width. Recommendation: APPROVAL e. Application of HOP-IN FOOD STORES, INC., for a Conditional Use Permit for gasoline pumps in conjunction with a convenience store at the Northwest corner of Princess Anne Road and Indian River Road, containing 40,045 square feet (PRINCESS ANNE BOROUGH) Recommendation: DENIAL f Appl ication of KAREN A. LEWIS for a Conditional Use Permit for a fami ly day care home on Section 1 -B, Lot 2, Block F, Wellington Woods, at 812 Duke of Suffolk Drive, containing 17,000 square feet (LYNNHAVEN BOROUGH) Recommendation: DENIAL g. Applications of SHIPPS CORNER NURSERY COMPANY tor Changes of Zoninq District Classification (PRINCESS ANNE BOROUGH): 1. Frorn AG-1 Agricultural District to 1-2 Heavy Industrial District, on property located 600 feet North of Shipps Corner Road, 530 feet more or less East of London Bridge Road, containing 1.566 acres more or less. 2. From AG-2 Agricultural District to 1-2 Heavy Industrial District, on property located on the North side of Shipps Corner Road, 250 feet East of London Bridge Road, containing 13.179 acres more or less. Recommendation: APPROVAL h. Application of JAMES A. BARAFF, CAROL A. BARAFF, ROBERT E. NELSON and LINDA SUE NEWLIN for a change in a non-conforming use and structure on property located at 512 Delaware Avenue, containing 6,000 square feet (VIRGINIA BEACH BOROUGH) Recommendation: APPROVAL 1. Ordinances to AMEND and REORDAIN the Comprehensive Zonlng Ordinance of the City of Virginia Beach, Virginia: 1. Section 203(a)(38) - Shopping Center Parking AND, 2. Section 5A.4(a) - Site Plan Ordinance - Interior coverage requirements of Parking Lot Landscape Requirements Deferred August 22 and September 26, 1988 Recommendation: APPROVAL G. RESOLUTIONS/ORDINANCES 1. Resolution authorizing and directing the City Manager to take all action necessary to provide, without cost to the Federal Government, all lands, easements and rights-of-way required for the Rudee Inlet Dredging Project. 2. Resolution authorizing and directing the City Manager to sign and transmit a Memorandum of Agreement between the City of Virginia Beach and the Department of Education authorizing participation in the Governor's Educational Technological Initiative Procurement and Financing Program for the purchase and financing of approximately $690,300 of subsidy ellgible equipment. 3. Ordinance to AMEND and REORDAIN Section 12-43 of the Code of the City of Virginia Beach, Virginia, by adding a new Subsection F-301.1 re open burning. Deferred October 17, 1988 4. Ordinance upon SECOND READING to APPROPRIATE $9,434,621 for Fiscal Year 1989 for the payment of purchase orders brought forward from Fiscal Year 1988. 5. Ordinance upon SECOND READING to ACCEPT and APPROPRIATE $6,509 from the Virginia Department of Housing and Community Development for an Emergency Home Repair Program. H. CONSENT AGENDA Al I matters I isted under the Consent Agenda are considered in the ordinary course of business by City Counci I and wi I I 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. RESOLUTIONS IN RECOGNITION a. F. THOMAS HOLLAND b. SEATACK SPLASH COMMUNITY YOUTH DEVELOPMENT BOARD 2. Ordinance to AMEND and REORDAIN Section 2-226 of the Code of the City of Virginia Beach, Virginia, re City Depositories Generally. Deferred October 17, 1988 3. Ordinance to TRANSFER $52,450 to Project #2-066 from #2-052 to allow continuation unto Phase Ill of Boardwalk Improvement Project. 4. Ordinance appointing viewers in the petition of CESS, LIMITED, for the closure of a portion of Bratton Street (PRINCESS ANNE BOROUGH) 5. Low Bid to WOODINGTON CORPORATION in the amount of $542,721.83 for Resort Streetscape Demonstration Construction of Virginta Power Conduit Section 1, Phase I (CIP 2-067). 6. RAFFLE PERMIT PILOT CLUB OF VIRGINIA BEACH 1. APPOINTMENTS COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE HISTORICAL REVIEW BOARD TRANSPORTATION SAFETY COMMISSION J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT CITY COUNCIL SESSION RESCHEDULED OCTOBER 31, 1988 2:00 PM RESCHEDULE OF OCTOBER 3 "VIRGINIA MUNICIPAL LEAGUE" All other Sessions will be in accordance with the City Code - 13 - Item IV-D.I. MINUTES ITEM # 30314 Upon mot 1 on by Counc i I woman Hen I ey, seconded by Counc i I man Moss, C i ty Counc i I APPROVED the INFORMAL AND FORMAL SESSIONS ot the City Counci I Meeting of October 24, 1988 as AMENDED. ITEM # 30233, pages 32 and 33 ORDINANCE UPON APPLICATION OF HOP-IN FOOD STORES, INC. FOR A CONDITIONAL USE IIERMIT FOR GASOLINE PUMPS IN CONJUNCTION WITH A CONVENIENCE STORE R010881177 These conditions have been clari f led and amended relative dedication and reservation as wel I as the specifying of curb cuts. The AMENDED Conditions are hereby made a part of the proceedings. Attorney Crornwel I agreed to the Arnendments. ITEM # 30234, Page 34 and 35 ORDINANCE UPON APPLICATION OF KAREN A. LEWIS FOR A CONDITIONAL USE PERMIT FOR A FAMILY DAY CARE HOME R010881178 Condition Number One shall be amended: 1. The total number of chi ldren shal I not exceed eleven (11), (nine (9) non-related children plus the applican-@'s two (2) children when they return from school). This limitation means that the total number of children to be cared tor on lur day is eleven (11). reqardiess ot WheTner all a the same time or noT. ITEM # 30236, Page 38 Resolution Authorizing the Enlargement of the Nonconforming Use and Structure Located at 512 Delaware Avenue. Property of James A. Baraff, Carl A. Baraff, Robert E. Nelson and Linda Sue Newlin A typographical area has been CORRECTED. The Vote was 7-3 NOT 10-0. - 14 - Item IV-D.l. MINUTES ITEM # 30314 (Continued) Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: John L. Perry Council Members Absent: Reba S. McClanan *Councilman Perry ABSTAINED as he was ABSENT the Meeting of October 24, 1988 - 14a - Item IV-F.2.e. AMENDED CONDITIONS PUBLIC HEARING PLANNING TTEM # 30233 Attorney Robert Croinwell, Pembroke One, Phone: 499-8971, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of HOP-IN FOOD STORES, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HOP-IN FOOD STORES, INC. FOR A CONDITIONAL USE PERMIT FOR GASOLINE PUMPS IN CONJUNCTION WITH A CONVENIENCE STORE R010881177 BE IT HEREBY ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hop-In Food Stores, Inc. (portion of Josephine Dixon property) for a Conditional Use Permit for gasoline pumps in conjunction with a convenience store at the northwest corner of Princess Anne Road and Indian River Road. Said parcel contains 40,045 square feet. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. All lighting on the entire property shall be shielded and directed toward the interior e@ tche pf ope@ ty . 2. In accordance with the Master Street and Highway Plan, a thirty-one-foot (31') r dedication of right-of-way is required along the frontage of this property on Indian River Road in order to establish the ultimate ninety-two-foot (92') right-of-way for the four-lane divided highway. 3.A five-foot (5') right-of-way r dedication is required along the frontage of this property, on Princess Anne Road, to provide for a sixty-foot (60') right-of-way. 4. The proposed right-turn lane, located along Princess Anne Road, shall be extended to the intersection of Princess Anne Road and Indian River Road. 5. The rights-of-way for the proposed turn-lanes are to be dedicated to the City of Virginia Beach. 6. The utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site and in keeping with the recommendations for the proposed Back Bay/North Landing River Management District. 7. The Hop-In Convenience Store, Gas Pumps and adjacent commercial development shall be in conformance with the architectural plans submitted at the City Council meeting of October 24, 1988. The colors, proportions, landscaping, signs and canopies shall be as architecturally similar as possible to the su@mitted plan (wood structure-, metal seamed roof, country victorian style, et cetera). November 7, 1988 - 14b - Item IV-F.2.e. PUBLIC HEARING PLANNING ITEM # 30233 (Continued) 8. The sign shall be a monument-type. There shall be no pole signs. 9. There shall be additional landscaping in the entire commercial area as well as landscaping in the parking area as depicted on the site plan. The landscaping shall be maintained bv the property owner. 10. There shall be sufficient area for the delivery trucks if over a certain size to move firett,ld behind the facility rather than parking to block traffic through and around the convenience store and gas pumps. 11. Any future commercial development shall be in conformance with the applicant's architectural plan shown to tlie City Council on October 24, 1988. 12. The entire development shall allow for a circular- type movement utilizing the curb cuts agreed to by the City at said meeting (one on Princess Anne Road and one on Indian River Road as shown on the submitted site plan), 13. The dumpsters shall be screened with landscaping and placed in an unobtrusive manner. 14. Any rooftop mechanical equipmenl shall be located to be as unobtrusive as possible from the street. 15. The site plan and architectural plan as shown to the City Council on October 24, 1988, shall be submitted within ten (10) days to the Planning Department. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fourth day of October, Nineteen Hundred and Eighty-eight. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss Council Members Absent: John L. Perry November 7, 1988 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 24, 1988 The CITY MANAGER'S BRIEFING relative the STORMWATER MANAGEMENT STUDY to the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, October 24, 1988, at 5:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: John L. Perry (Absent due to a car accident) - 2 - C I T Y M A N A G E R ' S B R I E F I N G STORMWATER MANAGEMENT STUDY 5:00 P.M. ITEM # 30202 Giles Dodd, Assistant to the City Manager for Administration, introduced C. Oral Lambert, Director of Public Works. C. Oral Lambert advised the STORMWATER MANAGEMENT PLAN commenced in May 1986, when the Consultant Firm of CAMP, DRESSER & McKEE was commissioned. This PLAN provides a better way to manage stormwater and thereby provide flood relief and a management tool for enhancing water quality to the City of Virignia Beach. Oral Lambert introduced John Fowler, City Staff Project Engineer, who advised Stormwater Management might be defined as managing rainfall runoff from storms in a manner that prevents flooding and degradation to the water quality of receiving waters. A brochure, entitled STORMWATER MANAGEMENT PLAN, was distributed and is hereby made a part of the record. John Fowler reiterated the GENERAL STIJDY PROCEDURE: Inventory the major City stormwater systems Construct computer model of the major City stormwater systems Develop comprehensive land use database per Comprehensive Plan with associated runoff data Establish appropriate technical criteria; level of service, design storms, tidal effect, etc. Analyze the stormwater systems and develop master plans for each watershed to meeting existing and future needs. John Fowler further advised the GENERAL IMPLEMENTATION STRATEGY: Formally adopt the results of the City Stormwater Management Study as the City's Master Stormwater Management Plan. Revise the Development Standards to include the technical criteria and requirements established by the study. Use the CIP process and the plan review process to implement improvements recommended by the master plans. Coordinate city action to establish the recommended financing programs Coordinate the water quality recommendations with other city offices. Jack Hartigan, Vice President, CAMP, DRESSER & McKEE, stated the six (6) major OBJECTIVES of the STORMWATER MANAGEMENT MASTER PLAN. Document existing and future flooding problems in major drainage systems caused by stormwater runoff. Evaluate alternative structural and nonstructural options for stormwater management Evaluate water quality impacts of flood control plans and "best management practices" (BMP'S) - 3 - C I T Y M A N A G E R ' S B R I E F I N G STORMWATER MANAGEMENT STUDY ITEM # 30202 (Continued) Assess costs and benefits of alternative stormwater management options. Recommend most cost-effective stormwater management option for 25 watersheds in the City. Recommend financial and regulatory mechanisms to implement stormwater management master plan. Jack Hartigan, displayed a chart depicting the area of emphasis with the STORMWATER MANAGEMENT PLAN. Areas where the flooding is primarily caused by Tidal and Runoff from Rainfall were depicted. Within the transitional areas, tidal and runoff flooding were examined and recommendations devised which would minimize the impact of future development. Jack Hartigan advised the MAJOR ACCOMPLISHMENTS. Watershed Master Plans Control flooding of major drainage systems caused by rainfall events Equivalent to City Street and Highway Plan. Computerized Stormwater Planing Model for 25 major watersheds Remedial Action Plans Flood control for 6 areas with known flooding problems. More detailed evaluation, minor drainage systems. Water Quality impacts of Stormwater Runoff. Assess benefits of recommended alternatives Determine benefits of City wide BMP program. Institutional/Financial/Regulatory Studies Assess costs and financing mechanisms Tdentify institutional needs and regulatory requirements. John Aldrich, CAMP, DRESSER & McKEE, displayed a map depicting the 25 WATERSHEDS and an overview of the recommendations of the STORMWATER MASTER PLAN in terms of flood control benefits. John Aldridge summarized the GENERAL RECOMMENDATIONS: Preservation of natural floodplain storage in the recommended option for several watersheds. Wetlands represent a significant constraint to structural stormwater controls. Existing Development Zone: Most of the primary drainage system is adequate for ultimate land use runoff. Rapid Growth Zone: Major drainageways are adequate if natural floodplain storage is preserved. Agricultural Zone: Major structural stormwater improvements are typically not required south of the Green LIne - 4 - C I T Y M A N A C E R ' S B R I E F I N G STORMWATER MANAGEMENT STUDY ITEM # 30202 (Continued) Pictorially John Aldrich summarized pages 9, 10, and 11 of the PLAN depicting the WATERSHED MASTER PLAN RECOMMENDATIONS. John Aldridge advised the REMEDIAL ACTION PLAN RECOMMENDATIONS: 1. Redwing Lake: Revision to City Floodplain Regulations 2. Bow Creek/Princess Anne Plaza: Diversion channel and stormwater pumping station 3. Mill Dam Creek: Flood prevention berm 4. Lynnhaven Colony: Open or closed drainage system with tide gate 5. Banbury Lake/Level Green: Regional detention diversion and steam crossing improvement 6. Lake Pembroke/PAVAB Pit: Study ongoing. Jack Hartigan advised the RECOMMENDED MANAGEMENT OPTIONS: A. TOTAL COST 30 structural alternatives recommended: Total cost = $17.6-MILLION B. COST SAVINGS ACHIEVED BY MASTER PLAN Major cost savings for 5 CIP projects: Salem Canal Project Total cost savings = $9.1-MILLION Cost savings achieved for 2 additional projects: Total cost savings = $0.6-MILLION 2 CIP projects undersized or not implementable: Total additional cost = $2.5-MILLION Net cost savings for all 5 projects: $7.2-MILLION Additional cost savings Redwing Lake: channelization project eliminated from CIP: Total cost savings = $1.0-MILLION. Preservation of floodplain storage in lieu of upstream detention storage in Watershed 10: Total cost savings = $5.0-MILLION. C. Innovative Financing Options for Stormwater Mangement. "Offsite Pro-Rata Share" Program Each development pays its pro-rata share of BMP construction cost. Applies to future development only Applies to capital costs only - 5 - C I T Y M A N A C E R ' S B R I E F I N C STORMWATER MANAGEMENT STUDY ITEM # 30202 (Continued) Stormwater Utility Treats drainage as a utility similar to other traditional "Utilities" (water, sewer, gas) Monthly user charge based upon drainage potential (e.g. impervious ground cover) Examples in Southeastern U.S.: Miami, Daytona Beach, and Tallahassee, Florida. Jack Hartigan advised the implementation of STORMWATER MANAGEMENT MASTER PLAN: 1. Adopt Master Plan Recommendations. 2. Prepare CIP based on prioritization of recommended structural controls from this study. 3. Adopt performance standards and design criteria for land development projects. 4. Adopt financing mechanisms for stormwater management 5. Adopt regulatory recommendations. 6. Apply for required permits. - 6 - I T E M S 0 F T H E C I T Y M A N A G E R TTEM # 30203 Giles Dodd, Assistant City Manager for Administration, advised the City Manager was attending the International City Manager's Association Conference in Charlotte. ITEM # 30204 Giles Dodd referenced an Ordinance to transfer funds of $20,000 to cover construction costs for Project #5-985 Shore Drive Water and to accept the Low Bid of Carter-Bell Corporation in the amount of $86,756.51. This item will be an ADD-ON to the Agenda. ITEM # 30205 Giles Dodd advised of a telephone call from Attorney James M. Pickrell requesting WITHDRAWAL of the application of MON COMPANY, U.S.A. for a Conditional Use Permit for car wash and gasoline pumps in conjunction with a convenience store located at the Northwest intersection of Holland Road and South Plaza Trail, at 4240 Holland Road, containing 42,869.87 square feet (KEMPSVILLE BOROUGH). (See Item IV-F.2 of the PLANNTNG AGENDA). ITEM # 30206 Giles Dodd referenced a letter dated October 21, 1988 from William J. Holloran Jr., Executive Director of the Hampton Roads Chamber of Commerce related to Ordinances to AMEND and REORDAIN the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia: Section 203(a)(38) - Shopping Center Parking; AND, Section 5A.4(a) - Site Plan Ordinance - Interior coverage requirements of Parking Lot Landscape Requirements (See Item IV-F.2.1. of the PLANNING AGENDA.) - 7 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 30207 Councilman Balko advised the chainsaw cutting the ice for the two whales was made by STIHL in Virginia Beach. Furmanite, made in Virginia Beach, saved the taxpayers approximately $20-MILLION in connection with the rocket launching. ITEM # 30208 Councilman Balko referenced MUNICIPAL BONDS and inquired whether positions should be addressed to the representative Congressman or was Virginia Municipal League and the National League of Cities adequate. ITEM # 30209 Councilman Baum referenced a telephone call relative Virginia Beach Municipal Bonds which seemed to be from a firm soliciting business. ITEM # 30210 Councilwoman Henley referenced her letter of October Twentieth relative the suggested expansion of the Back Bay Wildlife Refuge which is a matter of great concern to many of the property owners in the affected study area. A Resolution was enclosed to enumerate concerns that might be addressed in the development of this proposal. This is an environmentally sensitive issue. Councilwoman Henley further referenced a telephone call received relative the resolution. Councilman Baum requested the City Attorney advise legal responsibility concerning Back Bay. ITEM # 30211 Councilman Moss referenced telephone calls from residents of the Stumpy Lake area off of Elbow Road and Indian River Road. Councilman Moss requested the City Staff investigate options but did not believe it was the City's obligation to build roads to serve Chesapeake's traffic problems. TTEM # 30212 Councilman Moss again referenced the issue of Noise Abatement and a Resolution directing the Planning Commission to consider and make its recommendation concerning a proposal to amend the Master Street and Highway Plan so as to provide greater Street Widths. This Resolution was ADOPTED by the Council of the City of Virginia Beach on June 13, 1988. The Planning Commission was directed to forward its recommendation to the City Council within 120 days of the date of ADOPTION. The State Law goes into effect January 1, 1989. ITEM # 30213 Councilwoman Parker advised the Local Government Advisory Committee (an advisor to the Chesapeake Executive Council) was issuing invitations to its first annual conference on the Bay. The Conference for Local Officials is November 18, 19 & 20. Councilwoman Parker distributed the invitations as same had not been mailed to all Members of City Council. - 8 - C I T Y C 0 U N C I L C 0 N C E R N S TTEM # 30214 Councilwoman Henley referenced the Resolution authorizing and directing the City Manager to sign and transmit a Memorandum of Agreement between the City of Virginia Beach and the Department of Education authorizing participation in the Governor's Educational Technological Tnitiative Procurement and Financing Program for the purchase and financing of approximately $690,300 of subsidy eligible equipment. (See Item IV-G.2 under RESOLUTTONS/ORDINANCES.) Councilwoman Henley requested additional information relative the commitment. Mayor Oberndorf advised this Resolution had been ADOPTED unanimously by the School Board in September. Dr. Fred Benham had advised this was one of their five (5) strategic goals and at some time the computerization of the Schools must be faced. School Board Member Gerald Gibbs initiated this Resolution. Councilman Heischober referenced the inconsistency in the Agenda Request Form and the Resolution. Dr. Fred Benham will respond to Council Concerns during the FORMAL SESSION. - 9 - ITEM # 30215 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, October 24, 1988 at 6:40 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: John L. Perry - 10 - TTEM # 30216 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HEIJ) PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could effect the value of property owned or desirable for ownership by such institution. 3. PERSONAL MATTERS: The protection of the privacy of individuals in personal matters not related to public business. 4. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, city Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry - 11 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL October 24, 1988 7:20 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, October 24, 1988, at 7:20 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, and William D. Sessoms, Jr. Council Members Absent: John L. Perry INVOCATION: Reverend Randy Childress Kempsville Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 12 - Item IV-D.1 MINUTES TTEM # 30217 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council APPROVED the MINUTES of the RECONVENED EXECUTIVE SESSION of October 12, 1988: Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Harold Heischober and John D. Moss Council Members Absent: John L. Perry Council Members Heischober and Moss ABSTAINED as they were not in attendance at the October 12, 1988 MEETTNG. - 13 - Item IV-D.1 MINUTES TTEM # 30218 Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of October 17, 1988: Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent: John L. Perry Councilwoman Parker ABSTAINED as she was not in attendance at the October 17, 1988 MEETING. - 14 - Item IV-E.l.a. CEREMONIAL PRESENTATIONS ITEM # 30219 Mayor Meyera E. Oberndorf and Stephen L. Johnson, Chairman of the Mayor's Committee for the Disabled PRES@D: CERTIFICATE OF COMMENDATION Richard Elliott Richard Elliott was recognized for his design of handicapped ramps. fl- /i "Cr/lA@ t@@ t@l presenf e6 b4 the *fig mt the -s a th fo AckmdS For outstanding efforts toward improving accessibility standards for disabled persons. IN WITNESS WHEREOF, we have hereunto set our hmds and ca.sed the seal of the Citv of Virginia Beach, Vi,ginia to be affmed this day of 1988 - M@,@ E. U-@,f - Ma,, S,,h@. L. j.h- - @.n Ci,y f V@,i@ ]k.,h f.@ h, DibLd - 15 - Item IV-E.I.b. CEREMONIAL PRESENTATIONS ITEM # 30220 Mayor Meyera E. Oberndorf and Stephen L. Johnson, Chairman of the Mayor's Committee for the Disabled PRESENTED: CERTIFICATE OF COMMENDATION Frederick (Rick) Arian Werth Frederick Werth, who is deaf, was recognized for being an exceptional student and an inspiration to others. Stephen Johnson also introduced his teacher and signer, Sharon Britt. presenfe6 b4 the m*tffe fo g7 For being an exceptional student and an inspiration to others. IN WITNESS WHEREOF, we have hereunto set our hmds and caused the seal of the City of VirLinia Beach, Virginia to be affixed this 24"' day f /988 - E. @@&rf - M.,@ S,.ph@. L. j.h.- - Chi-- Cit, f Vi,&@ 1kch C..@i- f., ti. D@.bW - 16 - Item IV-E.2. LITTLE MISS VIRGINIA BEACH ITEM # 30221 Mayor Oberndorf introduced LITTLE MISS VIRGINIA BEACH: Charrise Marie DeVera Hipol Mayor Oberndorf presented Charrise tokens of appreciation from the City. LITTLE MISS VIRGINIA BEACH 1988 Charrise Marie DeVera Hipol, 10 year old daughter of Drs. Rose and Manuel Hipol, was crowned Little Miss Virginia Beach 1988, on Friday, August 26th at the Pavilion Theatre. Charrise's winning talent performance was singing and dancing to "SUPERCALIFRAGILISTICEXPEALIDOCIOUS" from the musical "Mary Poppins". Charrise also enjoys playing violin, piano, dancing - tap, ballet and jazz. She attends 4th grade at Norfolk Academy. Her hobbies are drawing, reading, shopping and playing with her sister and friends. Charrise participated along with fifteen contestants ages six through tne years at this years nineteenth annual pageant which is sponsored by the Department of Parks and Recreation. - 17 - Item IV-E.3. RESOLUTIONS IN RECOGNITION ITEM # 30222 Mayor Oberndorf PRESENTED a RESOLUTION IN RECOGNITION to: F. Thomas Holland Wetlands Board This RESOLUTION recognized F. Thomas Holland who served as a Member and Chairman of the Wetlands Board from June 1978 thru September 1988. His dedication, commitment and unselfish service have involved personal sacrifices and inconvenience, not only to himself but frequently to the family. - 18 - Ttem IV-E.3.b. RESOLUTIONS TN RECOGNITION ITEM # 30223 Mayor Oberndorf PRESENTED a RESOLUTION IN RECOGNITION to: SEATACK SPLASH COMHUNITY YOUTH DEVELOPMENT BOARD SEATACK SPLASH has submitted and obtained funding for a Grant to create a community-based Drug Prevention Program from the State Department of Mental Health/Mental Retardation and the Substance Abuse Services. The youth leaders of SEATACK SPLASH will serve as drug-free mbntors for other youth in Seatack. The project the Youth Development Board have initiated is an olympic size swimming pool. - 19 - Item IV-E.4/1 PROCLANATION TTEM # 30224 Mayor Oberndorf PROCLAIMED the week of October 23-30, 1988 as: RED RIBBON WEEK Bruce McKenna, Chairman of Substance Abuse Committee/Mental Health/Mental Retardation ACCEPTED the Proclamation. This PROCLAMATION urged all of the citizens and employees of this City to join with the Department of Mental Health/Mental Retardation - Community Services Board's Comprehensive Substance Abuse Program in renewing our commitment towards a drug-free community by wearing and displaying red ribbons every day during the week WHEREAS: The City of Virginia Beach Is a strong advocate of a drug-free community; WHEREAS: Concerned parents, business leaders, school administrators, school PTA'S, and human service and criminal justice administrators have come together to fight drug use by forming a local Commonwealth Alliance for Drug Rehabilitation and Education (CADRE); WHEREAS: Virglnia Beach citizen and leader, Dolores Delaney, Initiated the wearing of red ribbon after the violent death of drug enforcement agent, Enrique Camarena, to symbolize the attitude of Intolerance to the use of drugs; and, WHEREAS: The National Federation of Parents for Drug Free Youth and the drug free youth of America have adopted the red ribbon symbol for the commitment towards a drug-free America. NOW, THEREFORE: 1, Meyera E. Oberndorf, Mayor of the City of Virginia Beach, Vlrginia, do hereby P R 0 C L A I M the week of October 23-30, 1988, to be RED RIBBON WEEK and urge al I of the citizens and employees of this City to join with the Department of Mental Health/Mental Retardation - Community Servlces Board's Comprehensive Substance Abuse Program In renewing our commitment towards a drug-free community by wearing and displaying red ribbons every day during this week. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Virginia Beach, Virginia, to be affixed this Twenty-Fourth day of October, Nineteen Hundred and Eighty-Eight. Meyera E. Oberndorf Mayor - 20 - Item IV-E.4/1 PROCLAMATION ITEM # 30225 ADD-ON Mayor Oberndorf PROCLAIMD the week of October 23-30, 1988 as: PHYSICAL THERAPY WEEK - 21 - Item IV-F.1/2. PUBLIC HEARING ITEM # 30226 Mayor Meyera E. Oberndorf DECIARED a PUBLIC MRING on: PLANNING 1. PLANNING - RECONSIDERATION OF CONDITIONS (a) DOMINION BUILDING CORPORATION STREET CLOSURE (b) NEW LIFE PRESBYTERIAN CHURCH CONDITIONAL USE PERMIT (c) SANDBRIDGE COMMUNITY CRAPEL UNITED CONDITIONAL USE PERMIT CHURCH 2. PLANNING (a) EXXON COMPANY, U.S.A. CONDITIONAL USE PERMIT (b) THOMAS M. & JULIA D. TYE CHANGE OF ZONING (c) GOODMAN-SEGAR-HOGAN CHANGES OF ZONING (d) R. G. MOORE BUILDING CORPORATION STREET CLOSURE (e) HOP-IN FOOD STORES, INC. CONDITIONAL USE PERMIT (f) KAREN A. LEWIS CONDITIONAL USE PERMIT (g) SHIPPS CORNER NURSERY COMPANY CRANGES OF ZONING (h) JAMES A. BARAFF, CAROL A. BARAFF, CHANGE IN A NON-CONFORMING USE ROBERT E. NELSON and LINDA SUE NEWLIN (i) CZO AMEN S Section 203(a) (38) Shopping Center Parking Section 5A.4(a) Site Plan Ordinance - Interior requirements of Parking Lot Landscape Requirements. - 22 - Ttem 1V-F.I.a. PUBLIC HEARTNG PLANNTNG TTEM # 30227 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant Rod W. Hooper, 713 Boblink Drive, Phone: 422-6608, represented the applicant A MOTION was made by Councilwoman McClanan, seconded by Councilman Moss to DENY WAIVER of a condition in the Ordinance upon application of DOMINION BUILDING CORPORATION for the discontinuance, closure and abandonment of a portion of Dwyer Road. (APPROVED, subject to compliance of conditions on March 9, 1987). The developer is dedicating and constructing an alternative right-of-way. The applicant is requesting WAIVER of Condition No. I.: The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance subject to determination by the City Attorney's Office. Voting: 5-5 (MOTION LOST TO A TIE VOTE) Council Members Voting Aye: Barbara M. Henley, Reba S. McClanan," John D. Moss," Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober and William D. Sessoms, Jr. Council Members Absent: John L. Perry *Verbal Aye - 23 - Item TV-F.I.a. PUBLIC HEARING PLANNING ITEM # 30227 (Continued) Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council DEFERRED until the City Council Meeting of November 14, 1988 RECONSIDERATION of a condition in the application bf DOMINION BUILDING CORPORATION for the discontinuance, closure and abandonment of a portion of Dwyer Road. (APPROVED, subject to compliance of conditions on March 9, 1987). Application of Dominion Building Corporation for the discontinuance, closure and abandonment of a portion of Dwyer Road beginning at a point 455.5 feet southwest of the intersection with Dam Neck Road and running in a westerly direction a distance of 2782.7 feet. Said street is 40 feet in width and contains 2.553 acres. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry - 24 - Item IV-F.l.b. PUBLIC HEARING PLANNING ITEM # 30228 Roy Mendelsohn, 1320 Murray Drive, Chesapeake Phone: 482-1156, Chairman of the Building Committee, represented the applicant The following registered in favor of the application but WAIVED THE RIGHT TO SPEAK: Wally Sherbon, 4807 Rosecroft Street, Phone: 474-9386 Dave Wortman, 1965 Piney Woods Lane, Phone: 427-6707 James F. Dugan, 208 Weller Boulevard, Phone: 490-5736 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council UPHELD ORIGINAL CONDITIONS of June 13, 1988, AND, as determined by City Staff re: the current treed area on adjoining property, the Application of NEW LIFE PRESBYTERIAN CHURCH for a Conditional Use Permit for a church on property located on the West side of North Landstown Road, 1250 feet more or less South of Holland Road, containing 6.286 acres (PRINCESS ANNE BOROUGH). APPROVED BY City Council on June 13, 1988, subject to: 1. The utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site and in keeping with the recommendations for the proposed Back Bay/North Landing River Management District. 2. Category I screening shall be installed along the boundary of the proposed Church building site adjacent to the R-5D Residential District sites, as determined by the City Staff reference the treed area on the adjoining property.* 3. A right-turn lane is required for the site from North Landstown Road. 4. A variable width right-of-way reservation is required along North Landstown Road to provide for an ultimate six-lane divided roadway section. Approximately forty-one feet (41) of right-of-way reservation will be required. The exact reservation will be determined during detailed site plan review. *The applicant is entitled to credit for the trees currently existing on their property. If the trees on the other side of the property line belonging to the adjacent property owners are removed, they must be replaced by the applicant with appropriate landscaping. - 25 - Item IV-F.l.b. PUBLIC REARING PLANNING ITEM # 30226 Voting: 7-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Vice Mayor Robert E. Fentress, John D. Moss and Nancy K. Parker Council Members Absent: John L. Perry - 26 - Item IV-F.l.c. PUBLIC HEARING PLANNING ITEM # 30227 Colonel John T. Sprague, Jr. , 2100 Advent Court, Phone: 495-9536, Chairman of the Sandbridge Chapel Building Committee William E. McClurg, 1559 Laskin Road, Phone: 428-7004, the architect, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City Council ALLOWED Condition 7 to SUBSTITUTE Category IV for VIII Screening relative the application of SANDBRIDGE COMMUNITY CHAPEL UNITED METHODIST CHURCH for a Conditional Use Permit for a church at the Southwest intersection of Little Island Road and Bonita Lane on Lot 16, Section 1 and at the South,,est and Northwest intersections of Sandpiper Road and Bonita Lane on Lots 86-90, Section 2, Tract C, Sandbridge Beach, containing 1.62 acres (PRINCESS ANNE BOROUGH). APPROVED BY City Council on March 18, 1988. Categ@y T;' sereen4:ng i.f..d Ro@d adjacg;iti I.Q t:hQ C144'r-CI4 Category VITT screening would be planted along the frontage of Little Island Road, no closer than six feet from the nearest drain line. *Category VITT screening, consistent with that required by the City Council of Virginia Beach for side lot lines abutting residential districts, would be substituted for Category IV screening. Substituting Category VIII screening would provide a more consistent landscape plan and would include plant material more suitable to the sandy and salty environment at Sandbridge. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry - 27 - Item IV-F.I.c.2. PUBLIC HEARING PLANNING TTEM # 30228 Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City Council CORRECTED the Minutes of @larch 14, 1988: Ttem # 28992, Page 27 ORDINANCE UPON APPLICATION OF TRUSTEES, SANDBRTDGE COMMUNITY CHAPEL UNITED METHODIST CHURCH FOR A CONDITTONAL USE PERMTT FOR A CHURCH R03881124 The following statement shall be DELETED from the proceedings: Tt was further recommended that the church and neighbors meet and come to an agreement on the appearance of the west wall of the church. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry - 28 - Item IV-F.2.a. PUBLIC HEARING PLANNING ITEM # 30229 Attorney James Pickrell, Phone: 627-8365, represented the applicant Upon motion by Councilman Moss, seconded by Councilman Balko, City Council ALLOWED WTTHDRAWAL of an Ordinance upon application of EXXON COMPANY, U.S.A for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF EXXON COMPANY, U.S.A. FOR A CONDITIONAL USE PERMIT FOR A CAR WASH AND GAS PUMPS TN CONJUNCTION WTTH A CONVENIENCE STORE Ordinance upon application of Exxon Company, U.S.A., for a Conditional Use Permit for a car wash and gas pumps in conjunction with a convenience store on certain property located at the northwest intersection of Holland Road and South Plaza Trail. Said parcel is located at 4240 Holland Road and contains 42,869.87 square feet. More detailed information is available in the Department of Planning. KEMSPVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry Item IV-F.2.a/b/c were voted upon in ONE MOTION. - 29 - Ttem IV-F.2.b. PUBLIC HEARING PLANNING ITEM # 30230 Upon motion by Councilman Moss, seconded by Councilman Balko, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of THOMAS M. & JULIA D. TYE for Change of Zoning: ORDINANCE UPON APPLICATTON OF THOMAS M. & JULTA D. TYE FOR ACHANGE OF ZONING DTSTRICT CLASSTFICATION FROM R-5D TO B-2 Ordinance upon application of Thomas M. & Julia D. Tye for a Change of Zoning District Classification from R-5D Residential Duplex District to B-2 Community Business District on certain property located on the west side of North Landstown Road, 400 feet more or less south of Monet Drive. Said parcel is located at 1857 North Landstown Road and contains 2.3 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry Ttem IV-F.2.a/b/c were voted upon in ONE MOTION. - 30 - Item IV-F.2.c. PUBLIC HEARING PLANNING ITEM # 30231 Attorney Robert B Cromwell, Pembroke One, Phone: 499-8971, represented the applicant Upon motion by Councilman Moss, seconded by Councilman Balko, City Council ALLOWED WITHDRAWAL of Ordinances upon application of GOODMAN-SEGAR-HOGAN for Changes of Zoning: ORDINANCE UPON APPLICATTON OF GOODMAN-SEGAR-HOGAN FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM R-15 TO B-lA Ordinance upon application of Goodman-Segar-Hogan fora Change of Zoning District Classification from R-15 Residential District to B-lA Limited Community Business District on certain property located on the northeast side of Indian River Road, 270 feet more or less southeast of Elbow Road. Said parcel contains 6.1 acres. More detailed information is available in the Department of Planning. KEMPSVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF GOODMAN-SEGAR-HOGAN FOR A CHANGE OF ZONING FROM R-15 TO B-2 Ordinance upon application of Goodman-Segar-Hogan for a Change of Zoning District Classification from R-15 Residential District to B-2 Community Business District on certain property located on the northeast side of Tndian River Road, 500 feet more or less southeast of Elbow Road. Said parcel contains 15.7 acres. More detailed information is available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry Item IV-F.2.a/b/c were voted upon in ONE MOTION. - 31 - Item IV-F.2.d. PUBLIC HEARING PLANNING ITEM # 30232 Attorney R. J. Nutter, III, 2809 South Lynnhaven Road, Phone: 431-3100 represented the applicant Letters from James B. Oliver, Jr. - City Manager of Norfolk; Donald H. Rice, Executive Director - Norfolk Redevelopment and Housing Authority and Attorney R. J. Nutter are hereby made a part of the record. OPPOSITION: John M. Underwood II, 9716 Eleventh Bay Street, Norfolk, Virginia, represented the East Ocean View Civic League John E. Barkley, 5533 Forest View Drive, represented the East Ocean View - Little Creek Tmprovement Association (East Ocean View Civic League Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council DEFERRED until the City Council of the City of Norfolk, Virginia, takes possession of this land or holds a Public Hearing on this proposed street closure in the Petition of R. G. MOORE BUILDING CORPORATION for the discontinuance, closure and abandonment of portions of the following streets: Unnamed Street, beginning at the Western boundary of the Northern extremity of 30th Bay Street, running in an Easterly direction 53.08 feet along the Northern boundary and 56 feet along the Southern boundary, 45 feet in width. Pleasant Avenue, beginning at the Western boundary of 30th Bay Street, running in an Easterly direction 83.54 feet along the Northern boundary and 86.13 feet along the Southern boundary, 40 feet in width. Pretty Lake Avenue, beginning at the Western boundary of 30th Bay Street, running in an Easterly direction 155.80 feet along the Northern boundary and 159.15 feet along the Southern boundary, 51.45 feet in width. BAYSIDE BOROUGH Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry - 32 - Item IV-F.2.e. PUBLIC HEARING PLANNING ITEM # 30233 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of HOP-IN FOOD STORES, INC., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HOP-IN FOOD STORES, INC. FOR A CONDITIONAL USE PERMTT FOR GASOLINE PUMPS IN CONJUNCTTON WITH A CONVENTENCE STORE R010881177 BE IT HEREBY ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGTNTA Ordinance upon application of Hop-Tn Food Stores, Inc. (portion of Josephine Dixon property) for a Conditional Use Permit for gasoline pumps in conjunction with a convenience store at the northwest corner of Princess Anne Road and Indian River Road. Said parcel contains 40,045 square feet. More detailed information is available in the Department of Planning. PRTNCESS ANNE BOROUGH. The following conditions shall be required: 1. All lighting shall be shielded and directed toward the interior of the property. 2. In accordance with the Master Street and Highway Plan, a thirty-one-foot (31') reservation of right-of-way is required along the frontage of this property on Indian River Road in order to establish the ultimate ninety-two-foot (92') right-of-way for the four-lane divided highway. 3. A five-foot (5') right-of-way reservation is required along the frontage of this property, on Princess Anne Road, to provide for a sixty-foot (60') right-of-way. 4. The proposed right-turn lane, located along Princess Anne Road, shall be extended to the intersection of Princess Anne Road and Indian River Road. 5. The rights-of-way for the proposed turn-lanes are to be dedicated to the City of Virginia Beach. 6. The utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site and in keeping with the recommendations for the proposed Back Bay/North Landing River Management District. 7. The Hop-In Convenience Store shall be in conformance with the architectural plans submitted at the City Council meeting of October 24, 1988. The colors, proportions, landscaping, signs and canopies shall be architecturally similar to the submitted plan (wood structure, metal seamed roof, country victorian). - 33 - Item IV-F.2.e. PUBLIC HEARING PLANNING ITEM # 30233 (Continued) 8. The sign shall be a monument-type. There shall be no pole signs. 9. There shall be additional landscaping as well as landscaping in the parking area as depicted on the site plan. 10. There shall be sufficient area for the delivery trucks if over a certain size to move around behind the facility. 11. Any future commercial development shall be in conformance with the applicant's architecture. 12. The development shall allow for a circular-type movement utilizing the curb cuts agreed to by the City. 13. The dumpsters shall be screened and placed in an unobtrusive manner. 14. Any rooftop mechanical equipment shall be located to be as unobtrusive as possible from the street. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fourth day of October, Nineteen Hundred and Eighty-eight. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss Council Members Absent: John L. Perry 13 13 3 (D (a 10 (3 ct ID CL 0 It 0 L't En ct T7 34 - Item IV-F.2.f. PUBLIC HEARING PLANNING ITEM # 30234 The following spoke in favor of the application: Attorney Louis G. Paulson, 1452 North Great Neck Road, Suite 101, Phone: 481-6600 Karen Lewis, 812 Duke of Suffolk Drive, Phone: 496-9344 Charlotte Davenport, 229 Fighter Drive, Phone: 425-7365 Janet T. Wykle, 2243 St. Marshall drive, Phone: 496-9648 Rosemary Stanton, 3061 Cobblestone Drive, Phone: 486-2643 Dorothy Abreu, 1405 Rutland Drive, Phone: 481-0481 Kathy Trice, 1204 Banister Court, Phone: 496-0382 OPPOSITION: James A. LaDu, 916 Duke of Suffolk Drive, Phone: 481-3006, represented the Wellington Woods residents and presented a petition containing 120 signatures in OPPOSITION. (Said document is hereby made a part of the record.) Jacob E. Janssen, 2205 Lord Seaton, represented the Wellington Woods residents C. B. King, 1044 Commodore Drive, Phone: 481-9779 The City Clerk referenced a letter dated October 20, 1988 from Teresa M. Williams, in OPPOSITION to the application. Said letter has been distributed to members of City Council and is hereby made a part of the record. A MOTION was made by Councilman Balko, seconded by Councilwoman McClanan to DENY an Ordinance upon application of KAREN A. LEWIS for a Conditional Use Permit for a family day care home on Section I-B, Lot 2, Block F, Wellington Woods, at 812 Duke of Suffolk Drive, containing 17,000 square feet (LYNNHAVEN BOROUGH) Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of KAREN A. LEWIS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KAREN A. LEWIS FOR A CONDITONAL USE PERMIT FOR A FAMILY DAY CARE HO@IE R010881178 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VTRGTNTA BEACH, VIRGINIA Ordinance upon application of Karen A. Lewis for a Conditional Use Permit for a family day care home on Section I-B, Lot 2, Block F, Wellington Woods. Said parcel is located at 812 Duke of Suffolk Drive and contains 17,000 square feet. LYNNHAVEN BOROUGH. - 35 - Item IV-F.2.f. PUBLIC HEARING PLANNING ITEM # 30234 (Continued) The following conditions shall be required: 1. The total number of children shall not exceed eleven (11), (nine (9) non-related children plus the applicant's two (2) children when they return from school). 2. The hours of operation shall be limited to 5:30 a.m. to 6:30 p.m. 3. Current screening of property shall be maintained. 4. No outdoor play activities shall commence prior to 8:00 a.m. 5. The Conditional Use Permit shall be for a period of two (2) years at which time same shall be subject to an Administrative or City Council approval. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fourth day of October, Nineteen Hundred and Eighty-eight. Voting: 8-2 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Albert W. Balko and Reba S. McClanan Council Members Absent: John L. Perry - 36 - Item IV-F.2.g. PUBLIC HEARING PLANNING ITEM # 30235 John D. Padgett, 729 South Leaf Drive, Phone: 467-3379, represented the applicant. The parcel will be developed into 19-1/2 acre lots targeted for all businesses. Bobby G. Arnette, Managing General Partner - Arnette Associates IT, represented the developer. A MOTION was made by Councilwoman McClanan, seconded by Councilman Moss, to DENY applications of SHIPPS CORNER NURSERY COMPANY for Changes of Zoning District Classificati6n (PRINCESS ANNE BOROUGH): From AG-1 Agricultural District to I-2 Heavy Tndustrial District, on property located 600 feet North of Shipps Corner Road, 530 feet more or less East of London Bridge Road, containing 1.566 acres more or less; AND, from AG-2 Agricultural District to T-2 Heavy Industrial District, on property located on the North side of Shipps Corner Road, 250 feet East of London Bridge Road, containing 13.179 acres more or less. A SUBSTITUTE MOTION was made by Councilman Baum to ADOPT applications of SHIPPS CORNER NURSERY COMPANY for Changes of Zoning District Classification (PRINCESS ANNE BOROUGH): From AG-1 Agricultural District to I-2 Heavy Industrial District, on property located 600 feet North of Shipps Corner Road, 530 feet more or less East of London Bridge Road, containing 1.566 acres more or less; AND, from AG-2 Agricultural District to I-2 Heavy Tndustrial District, on property located on the North side of Shipps Corner Road, 250 feet East of London Bridge Road, containing 13.179 acres more or less. Voting: 5-5 (MOTION LOST TO A TIE VOTE) Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober and William D. Sessoms, Jr. Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: John L. Perry - 37 - Item IV-F.l.i. PUBLIC HEARING PLANNING ITEM # 30235 (Continued) Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council DEFERRED until the City Council Meeting of January 23, 1989, Ordinances upon application of SHIPPS CORNER NURSERY COMPANY for Changes of Zoning: ORDINANCE UPON APPLICATION OF SHIPPS CORNER NURSERY COMPANY FOR A CHANGE OF ZONING FROM AG-1 TO 1-2 Ordinance upon application of Shipps Corner Nursery Company for a Change of Zoning District Classification from AG-1 Agricultural District to I-I Heavy Tndustrial District on certain property located 600 feet north of Shipps Corner Road, 530 feet more or less east of London Bridge Road. Said parcel contains 1.566 acres more or less. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF SHIPPS CORNER NURSERY COMPANY FOR A CHANCE OF ZONING FROM AC-2 TO I-2 Ordinance upon application of Shipps Corner Nursery Company for a Change of Zoning District Classification from AG-2 Agricultural District to I-2 Heavy Industrial District on certain property located on he north side of Shipps Corner Road, 250 feet east of London Bridge Road. Said parcel contains 13.179 acres more or less. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. This DEFERRAL will enable the Staff and applicant to attempt to address concerns relative the development of the site especially with relation to the type of traffic and the ingress/egress on London Bridge Road. The AICUZ policy will also be examined and a report presented in writing to City Council. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry - 38 - Item IV-F.2.h. PUBLIC HEARING ITEM # 30236 PLANNING Bob Nelson, 512 Delaware Avenue, Phone: 488-3292, represented the applicant Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: Resolution Authorizing the Enlargement of the Nonconforming Use and Structure Located at 512 Delaware Avenue. Property of James A. Baraff, Carl A. Baraff, Robert E. Nelson and Linda Sue Newlin Application of James and Carol Baraff, Robert Nelson and Susan Newlin for a change in a nonconforming use on Lots 12 and 14, Block 24, Shadowlawn Hieghts. Said parcels are located at 512 Delaware Avenue and contain 6,000 square feet. VTRGINIA BEACH BOROUGH Voting: 7-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: John L. Perry 1 RESOLUTION AUTHORIZING THE ENLARGEMENT 2 OF THE NONCONFORMING USE AND STRUCTURE 3 LOCATED AT 512 DELAWARE AVENUE 4 PROPERTY OF JA14ES A. BARAFF, CAROL A. BARAFF, 5 ROBERT E. NELSON and LINDA SUE NEWLIN 6 7 WHEREAS, James A. Baraff, Carol A. Baraff, Robert E. Nelson 8 and Linda Sue Newlin desire to remove a 10.11 x 14.31 portion of 9 their existing duplex and add a 10' x 301 two-storied addition, 10 thereby increasing their duplex by a total of 455.57 square 11 feet, and add a 61 x 171 addition to the existing deck on the 12 second story of their dwelling, located at 512 Delaware Avenue, 13 Virginia Beach, Virginia, as shown as the hatched areas of the 14 attached Exhibit "A;" and 15 WHEREAS, the present use and existing structure do not 16 conform to the provisions of the City Zoning Ordinance because 17 duplex dwellings are not allowed in the R-5S, Residential 18 District; and 19 WHEREAS, the Board of Zoning Appeals granted a variance to 20 the rear yard setback requirement of the R-5S District on 21 September 7, 1988, thereby allowing for the accommodation of the 22 aforesaid additions; and 23 WHEREAS, pursuant to Section 105(d) of the City Zoning 24 Ordinance, City Council may authorize the enlargement or 25 extension of a nonconforming use and the enlargement of a 26 nonconforming structure if Council finds that the use as enlarged 27 or extended and the structure as enlarged are equally appropriate 28 or more appropriate to the zoning district than are the existing 29 nonconformities. 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BP-ACH, VIRGINIA: 32 That City Council hereby finds the enlargement or extension 33 of the nonconforming use and the enlargement of the nonconforming 34 duplex, located at 512 Delaware Avenue, Virginia Beach, Virginia, 35 as shown on Exhibit "A," are equally appropriate or more 36 appropriate to the zoning district in which they are located than 37 are the existing nonconformities; and the City Council hereby 38 authorizes the enlargement or extension of the nonconforming use 3 9and the enlargement of the nonconforming structure in the manner 40 shown on Exhibit "A," provided extension of the use and 41 enlargement of the structure complies with all building, site 42 plan, and other requirements of the City of Virginia Beach. 43 44 Adopted by the Council of the City of Virginia Beach, 45 Virginia, on 24th. day of octqbex 1988. 46 GLF/rcp 47 10/10/88 48 CA-2969 49 baraff.res 50 APPROVED AS TO CONTENTS 21 IMNATURE @L"tjl!g l) - ii -It DEPARTMN APPROVED AS TO FORM SIGNATURE CITY ATTORNEY 2 @BARAFF EXHIBIT "A" MONOOMPORMI"tl USE 07 Existing 10.11 x 14.3' portion of existing residence,- to be removed', ;2 .10;@LONR FtUCk t c"C' t Proposed 6' x 17' addition "i to existing second story x 30' deck. T Proposed 10 RAME two-storied addition. ifi i.i d to to tu 12 14 0 0. C, 48* CNAINLIIIC YIPIII ON toRL".. rrmct thus r I , id'ttr-N. PA..IN4 trountf PIN co f)ELA141AF?E AVENUE - 39 - Item IV-F.2.i. PUBLIC HEARING ITEM # 30237 PLANNING William J. Holloran Jr. , Executive Director of the Hampton Roads Chamber of Commerce, reiterated concerns with Section 5A.4(a) - Site Plan Ordinance - Interior coverage requirements of Parking Lot Landscape Requirements. Upon motion by Councilman Moss, seconded by Councilwoman Henley, City Council: DEFERRED INDEF'NITELY until the TRANSFER OF DEVELOPMENT RIGHTS are resovled at the General Assembly: ORDINANCE TO AMEND AND REORDAIN THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 203 (a) (38) - Shopping Center Parking AND, DEFERRED to November 7, 1988: Section 5A.4(a) - Site Plan Ordinance - Interior coverage requirements of Parking Lot Landscape Requirements. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry October 24, 1988 - 40 - Item IV-G. I RESOLUTIONS ITEM # 30238 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED, AS AMENDED: Resolution authorizing atd directing the City Manager to take all action necessary to provide, without cost to the Federal Government, all lands, easements and rights-of-way required for the Rudee Inlet Dredging Project. Voting: 8-2 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: John A. Baum and Reba S. McClanan Council Members Absent: John L. Perry RESOLUTION 2 3 WHEREAS, the Rudee Inlet Dredging Project is being 4 undertaken by the Federal Government pursuant to the authority of 5 Section 107 of the River and Harbor Act of 1960; and 6 7 WHEREAS, under the terms of the Local cooperation Agreement 8 between the Department of the Army and the City of Virginia Beach 9 dated the 2nd day of April, 1986, the City is required to 10 provide, without cost to the United States, all lands, easements 11 and rights-of-way required for the construction and subsequent 12 maintenance of the project and for initial and subsequent 13 disposal of dredged materials; and 14 15 WHEREAS, in order to satisfy the Federal Goverrunent's 16 requirements the City of Virginia Beach is required to provide 17 without cost to the United States, a sand fillet easement for 18 parcels 007, 07A, and 07B, a channel right-Of-way easement over 19 the sand trap for parcel 001C and an ingress/egress easement 20 over the beach for 07C; Parcel 07A, 07B, and 07C are as shown on 21 that certain plat entitled "Amended Plat of Parcel 07A Showing 22 Sand Fillet Easement and Ingress/Egress Easement of Rudee Inlet 23 Dredging Project, dated July 29, 1988, on file in the office of 24 the City Engineer, Public Works Department. Parcels 001C and 007 25 are as shown on Sheet 1 and Sheet 3 of those certain plats 26 recorded in Deed Book 2600, at Page 1647 et seq.; and 27 28 WHEREAS, it is recognized that c6rtain contingent risks are 29 involved in order to provide the easements necessary to satisfy 30 the terms of the Local Cooperation Agreement so that this 31 important public navigation project can move forward. 32 33 NOW THEREFOR, the City Manager is hereby authorized, subject 34 to available funds, to take all action necessary to provide, 35 without cost to the Federal GoverrLment, all lands, easements and 36 rights-of-way required for the Rudee Inlet Dredging Project. 37 Adopted by the Council for the"City of Virginia Beach, 38 Virginia on the 24th day of October 39 1988. 40 41 42 43 JAS/emp 44 10/21/88 45 CA-2985 46 G:\ORDIN\NONCODE\RUDEE.RES ENTS APPRC)V'CD AS TO LEGAL 2 - 41 - Item IV-G.2. RESOLUTION ITEM # 30239 Dr. Fred Benham, Asssistant Superintendent for Financial Services, resonded to City Council inquiries. Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council ADOPTED: Resolution authorizing and directing the City Manager to sign and transmit a Memorandum of Agreement between the City of Virginia Beach and the Department of Education authorizing participation in the Governor's Educational Technological Tnitiative Procurement and Financing Program for the purchase and financing of approximately $690,300 of subsidy eligible equipment. Voting: 8-0 Council Members Voting Aye: Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John A. Baum and John L. Perry A TO FORM: 9A@TORNEY RESOLUTION WHEREAS, the Council of the City of Virginia Beach 2 recognizes the need to expand learning experiences now available 3 through technology to students in the Virginia Beach City School 4 Division; 5 WHEREAS, the Virginia Beach School Board is eligible 6 for approximately $690,300 in subsidized technological equipment 7 through the Governor's Educational Technological Initiative 8 Procurement and Financing Program; 9 WHEREAS, the Governor's Educational Technological 10 Initiative Procurement and Financing Program provides a vehicle 11 for the purchase and financing of microcomputers, satellite, and 12 associated equipment at a substantial savings to participating 13 localities; and 14 WHEREAS, the Virginia Beach School Board has requested 15 the approval of the Virginia Beach City Council to participate in 16 this program as set forth in the attached Resolution; 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 18 CITY OF VIRGINIA BEACH, VIRGINIA: 19 That it does hereby authorize and direct the City 20 Manager to sign a Memorandum of Agreement between the city and 21 the Department of Education authorizing participation in the 22 Governor's Educational Technological Initiative Procurement and 23 Financing Program for the purchase and financing of approximately 24 $690,300 of subsidy eiigible equipment. 25 BE IT FURTHER RESOLVED that the City Manager is hereby 26 authorized to transmit the Letter of Agreement to the Department 27 of Education on behalf of the City Council. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the 24th day of October 1988. 30 31 JDB/cb 32 10/13/88 33 CA-2976 34 SBTECH.RES A RFSOLITJTIAV AOMORIZIAG 771E VIRGINIA PUBLIC SCHOOL AUTHORITY 7'0 SELL BOAW 7'0 FINANCE 771E GO IS EDUC4TIONAL TEOWLDGY INITIATIVE PR AM FINANCIAIG PROGPAM WHEREAS, the Virginia Beach City School Board recognizes the need to expand the students' learning experiences now available through technology; and WHEREAS, the School Board is eligible for app roximately $690,300 in subsidized technological equipment through the Governor's Educational Technology Initiative Procurement and Financing Program; and WHEREAS, the Governor's Educational Technology Initiative Procurement and Financing Program provides a means for financing the purchase of microcomputers, satellite receiver dishes, and associated equipment at a substantial savings to participating localities; and WHEREAS, the School Board needs the approval of the Virginia Beach City Council to participate in this program: Now, therefore, be it RESOLVED, That the School Board request that the Virginia Beach City Council approve the signing of the Memorandum of Agreement between the city and the Department of Education authorizing participation in the Governor's Educational Technology Initiative Procurement and Financing Program for the financing and purchase of approximately $690,300 of subsidy eligible equipment; and be it further RESOLVED, That the School Board authorize the Division Superintendent to sign the Memorandum of Agreement on behalf of the Board. tc'ber, Chairman Unanimously adopted this twentieth day of September, 1988 - 42 - Item IV-G.3. ORDINANCES ITF14 # 30240 Upon motion by Councilman Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 12-43 of the Code of the City of Virginia Beach, Virginia, by adding a new Subsection F-301.1 re open burning. (EFFECTIVE SEPTEMBER 1, 1989) Voting: 7-1 Council Members Voting Aye: Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Barbara M. Henley Council Members Absent: Albert W. Balko, John A. Baum and John L. Perry DF.,ARTP ENT ORDINANCE TO AMEND AND REORDAIN ECTION 12-43 OF THE CODE OF THE ITY OF VIRGINIA BEACH, VIRGINIA, Y ADDING A NEW SUBSECTION F-301.1 5 PERTAINING TO OPEN BURNING 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 9 BEACH, VIRGINIA: 10 11 That Section 12-43 of the Code of the City of Virginia Beach 12 13 is hereby amended and reordained by adding a new subsection F-301.1 14 15 to read as follows: 16 17 Section 12-43. Amendments. 18 19 (a) Generally. The fire prevention code adopted by section 20 12-41 is amended, modified and changed as set forth in the 21 following subsections of this section. 22 Section F-301.1. Open Burning. 23 (a) Prohibition of open Burni g. 24 (1). Except as otherwise provided in this chapter, no person 25 shall kindle, ignite, or maintain, or cause or permit to be 26 kindled, ignited, or maintained open fire on public or private 27 property outside any building. In instances wherein burning 28 outside a building may be permissible under the provisions of this 29 chapter, such burning shall not include the burning of tires, 30 asphaltic materials, automobile bodies, used crankcase oil, 31 chemically impregnated wood or similar materials which produce 32 dense or highly toxic smoke when subjected to open burning, nor 33 shall salvage or demolition operation by burning be permitted. 34 (2) Open burning under the exceptions of subsection (b) 35 herein shall not exempt or excuse any person from any damages or 36 injuries which may result from such conduct, nor shall it excuse or 37 exempt any person from complying with all applicable laws,- 38 ordinances, regulations, and orders of the fire off-icial and the 39 State Forester and others having jurisdiction, even though such 40 open burning may be conducted in compliance with subsection (b) 41 herein. 42 (3) All open burning permitted under subsection (b) herein, 43 shall be immediately terminated upon the declaration by competent 4 4 authority that the "Alert" stage of an Air Pollution Episode has 45 been reached. 46 (b) Exceptions. 47 (1) Open fires may be set in performance of an official duty 48 of any public health or safety officer if the fire is necessary for 49 one or more of the following reasons or purposes: 50 (A) For the prevention of a fire hazard which 51 cannot be abated by other means; 52 (B) For the instruction of public fire fighters or 53 industrial employees under supervision of the fire official; or 54 (C) For the protection of public health. 55 (2) Fires may be used for the cooking of food, provided no 56 smoke violation or other nuisance is created. 57 (3) Salamanders or other devices may be used for heating by 58 construction crews or other workers, provided no smoke violation or 59 other nuisance is created. 60 (4) Fires may be set in the course of agricultural operations 61 in growing crops, including timber, or raising fowl or animals, 62 provided no nuisance is created and the burning operation meets the 63 requirements established by the fire official. 64 (5) Open fires may be set, other than on the sand beaches, 65 for recreational purposes or for ceremonial occasions provided no 66 smoke violation or nuisance is created. 67 (6) Open burning shall not be utilized for land clearing, 68 except for agriculture operations. 69 (c) Exclusions. 70 Where alternate means of disposal are not economical or 71 practical and when it is considered to be in the best interests of 72 the citizens of Virginia Beach, the fire official, with concurrence 73 of the State Air Pollution Control Board and the State Forester, 74 may permit open burning to dispose of debris caused by floods, 75 tornadoes, hurricanes or other natural disasters, under each 76 conditions as may be prescribed by the State Air Pollution Control 77 Board. 78 (d) Effective Date. 2 79 The provisions of this section shall become effective 80 on September 1, 1989. 81 Section F-301.7 is hereby amended to read as follows: 82 Section F-301.7 Location Requirements, open Burning. 83 The location for any open burning shall be as directed by the 84 fire official but shall in no case be less than fifty (50) feet 85 from any structure, and provisions shall be made to prevent the 86 fire from spreading to within fifty (50) feet of any structure. 87 Burning in approved containers shall be permitted not less than 88 fifteen (15) feet from any structure. 89 Section F-1902.2, is hereby amended to read as follows: 90 Section F-1902.2. Special Dispensers, Motor Fuel. 91 No gasoline or other motor fuel shall be dispensed at or in 92 any public filling station or other location accessible to the 93 public by any coin or currency or card operated pump or dispensing 94 device. 95 Section F-1905.2 is hereby amended to read as follows: 96 Section F-1905.2. Shipbuilding, Repair and Lay-up. 97 Shipbuilding, repair and lay-up facilities shall be in 98 conformance with National Fire Protection Association Pamphlet 312 99 (1984 edition) which is hereby adopted and incorporated herein, of 100 which three copies have been and are now filed with the office of 101 the city clerk. 102 Article 27. Fireworks. 103 Addendum 5 of the Virginia Statewide Fire Protection Code is 104 hereby deleted and there is hereby adopted in its stead Article 27 105 of the Building Officials and Code Administrators (BOCA) National 106 Fire Prevention Code 1987 edition, as may be amended. 107 108 Adopted by the Council of the City of Virginia Beach, 109 Virginia, on the 24th day of October 19 88. 110 WEB/epm 111 10/12/88 112 10/18/88 113 CA-2968 114 \ordin\proposed\12-043.alt 115 3 - 43 - Item IV-G.4. ORDINANCES TTEM # 30241 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $9,434,621 for Fiscal Year 1989 for the payment of purchase orders brought forward from Fiscal Year 1988. Voting: 8-0 Council Members Voting Aye: Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John A. Baum and John L. Perry AN ORDINANCE TO APPROPRIATE $9,434,621 FOR FISCAL YEAR 1989 FOR THE PAYMENT OF PUR@E ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1988 WHEREAS, during the course of business in fiscal year 1988, purchase orders or contracts were issued committing the city to purchase of materials, supplies, equipment or services for use by several departments, divisions, or bureaus, and WHEREAS, these purchase orders or contracts were charged to appropri- ations previously authorized for the fiscal year ended June 30, 1988 so as to reduce the unencumbered balance of those appropriations, and WHEREAS, on June 30, 1988, there were purchase orders or contracts totalling $9,434,621 for which materials, supplies, equipment or servides had not been delivered or invoiced. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the funds totalling $9,434,621 unexpended and represented by purchase orders outstanding on June 30, 1988 be reappropriated as additions to fiscal 1989 appropriations to the respective departments, division, or bureaus of the city so that upon delivery of the materials, supplies, equipment or services, there shall be sufficient funds to make payment. These funds shall be appropriated from the following respective fund balances: General $ 6,147,842 School Operating 1,411,7al Water and Sewer 1,071,082 Golf Course 208,977 City Garage 33,203 Telecommunications 237,497 Print Shop 50,672 Pendleton Child Service Genter 9,636 General Debt 204,665 Risk Management 7,271 Law Library 445 Marine Science Museum 51@.600 Total Outstanding 4 621 This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 24th day of Qctober 1988. October 17, 1988 PUBLIC HEARING: October 17, 1988 FIRST READING: SECOND READING: October 24, 1988 - 44 - Item IV-G.5. ORDINANCES ITEM # 30242 Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City Council ADOPTED upon SECOND READING: Ordinance to ACCEPT and APPROPRIATE $6,509 from the Virginia Department of Housing and Community Development for an Emergency Home Repair Program. Voting: 8-0 Council Members Voting Aye; Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John A. Baum and John L. Perry ORDINANCE TO ACCEPT AND APPROPRIATE $6,509 FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR AN EMERGENCY HOME REPAIR PROGRAM WHEREAS, the Commonwealth of Virginia has established the Virginia Housing Partnership Fund to encourage the improvement of housing opportunities for low-income Virginians; and WHEREAS, the Vi.rginia Department of Housing and Community Development has authorized grants under this program to localities to provide emergency home repairs to eligible citizens; and WHEREAS, the Virginia Department of Housing and Community Development has informed the City that $6,509 has been awarded to the City for such emergency repairs; NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that a grant of $6,509 from the Virginia Department of Housing and Community Development for emergency home repairs is accepted and appropriated to the City Department of Housing and Community Development. BE IT FURTHER ORDAINED THAT the City Manager is authorized to execute a grant agreement with the Virginia Department of Housing and Community Development accepting such funds. BE IT FURTHER ORDAINED THAT the City of Virginia Beach will comply with all requirements of this program as set forth by the Virginia Department of Housing and Conimunity Development. Adopted by the Council of the City of Virginia Beach on the 24 October day of 1988. APPROVED AS TO CONTENT: APPROVED AS TO FORM: Ustick ector City Attorney" of Housing and Community Development FIRST READI14G: October 17, 1938 SECOND READING: October 24, 1988 - 45 - Item IV-G.6. RESOLUTIONS ITEM # 30243 ADD-ON Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to Transfer Funds of $20,000 to cover construction costs for Project #5-985 Shore Drive Water and to Accept the Low Bid of Carter-Bell Corporation in the amount of $86,756.51. Voting: 8-0 Council Members Voting Aye: Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John A. Baum and John L. Perry AN ORDINANCE TO TRANSFER FUNDS OF $20,000 TO COVER CONSTRUCTION COSTS FOR PROJECT #5-985 SHORE DRIVE WATER AND TO ACCEPT TFIE LOW BlD OF CARTER-BELL CORPORATON 1N THE AMOUNT OF $86,756.51 WHEREAS, the current Capital lmprovement Program includes Project #5- 985 Shore Drive Water for the installation of 2,800 feet of a 6-inch water main along Shore Drive at Cape Story By-T@e-Sea, and WHEREAS, bids were recently received for this project with the low bid being from Carter-Bell Corporation in the amount of $86,756.51, and WHEREAS, the bid amount is in excess of the budgeted construction cost resulting in the need to transfer $20,000 to the project account to fully cover construction costs and allow for contigency funding, and WHEREAS, the additional funds needed may be transferred from project #5-712 Sandbridge Road Water since this project is completed and has excess appropriations. NOW, THEREFORE, BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $20,000 are hereby transferred from project #5-712 Sandbridge Water to #5-985 Shore Drive Water to allow for the installation of a water main. BE IT FURTHER ORDAINED, that tbe low bid of Carter-Bell Corporation in the@amount of $86,756.51 for the installation of a water main along Shore Drive is hereby accepted. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 24th day of Octobex 1 1988. - 46 - Item IV-H. CONSENT AGENDA ITEM # 30244 Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council APPROVED in ONE MOTION Ttems 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA. Voting: 8-0 Council Members Voting Aye: Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker* and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John A. Baum and John L. Perry *Councilwoman Parker ABSTAINED on Item IV-H.2 as she had investment with the Bank of Tidewater. - 47 - Item IV-H.l. CONSENT AGENDA ITEM # 30245 Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED: RESOLUTIONS IN RECOGNITION F. THOMAS HOUAND SEATACK SPLASH COMKUNITY YOUTH DEVELOPMENT BOARD Voting: 8-0 Council Members Voting Aye: Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John A. Baum and John L. Perry RESOLUTION IN RECOGNITION WHEREAS: The history of Ainerica is one of a nation of people helping other people -- joining together to build a bettc-r society -- dedication and commitrnent; WHERFAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: P. THOMAS HOLLAND served as a Member @d Chairman of the WETIANDS BOARD from June 1978 thru September 1988. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WEIEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here ass@led this Tvmnty-Fourth day of Oc tober, Nineteen Hundred Eiqhty-Eight, on behalf of the citizens of Virginia Beach, @presses deep GRATITUDE and RESPBCT to: F. T H 0 M A S H 0 L L A N D Given under my hand and seal, M yor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: SEATACK SPLASH has submitted and obtained funding for a Grant to create a community-based Drug Prevention Program from the State Department of Mental Health/Mental Retardation and the Substance Abuse Servicesl- WHEREAS: The youth leaders of SEATACK SPLASH will serve as drug- free mentors for other youth in Seatack; WHEREAS: There are 1,310 youth residing in Seatack who could benefit from SEATACK SPLASH; WHEREAS: The City of Virginia Beach is supportive of creating a drug-free community; and, WHEREAS: SEATACK SPLASH is comprised of youth who seek to make their community drug-free. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Fourth day of October, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and APPRECIATION to: SEATACK SPLASH COMMUNITY YOUTH DEVELOPMENT BOARD for being a positive role model for other Virginia Beach youth. Given under my hand and seal, Mayor - 48 - Item IV-H.2. CONSENT AGENDA ITEM # 30246 Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 2-226 of the Code of the City of Virginia Beach, Virginia, re City Depositories Generally. Voting: 7-0 Council Members Voting Aye: Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent: Albert W. Balko, John A. Baum and John L. Perry Councilwoman Nancy K. Parker ABSTAINED as she has an investment with the Bank of Tidewater. I AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 2-226 OF THE CITY CODE OF 3 THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, PERTAINING TO CITY 5 DEPOSITORIES GENERALLY 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 That Section 2-226 of the Code of the City of Virginia 9 Beach, Virginia, is hereby amended and reordained to read as 10 follows: 11 Section 2-226. City depositories generally. 12 (a) The city treasurer is authorized to deposit or 13 cause to be deposited all funds of the city in any of the 14 following listed banks or savings and loan associations: 15 (1) Atlantic National Bank; 16 (2) Bank of the Conunonwealth; 17 (3) Bank-af-Virgimia Signet Bank; 18 +4+ 19 +S+ Bay-Savings-BamkT 20 +61/2 (4) Central Fidelity Bank; 21 +7+ eitimems-Trust-Bank7 22 +8+ (5) Commerce Bank; 23 +9@ (6) Dominion Natienal Bank; 24 +18+ (7) First American Bank 6f-Virginia; 25 +11+ (8) First Virginia Bank of Tidewater; 26 +12+ (9) Sovran Bank, N.A.; 27 +13+(10) Umited-Virginia Crestar Bank; 28 +14+(11) Atlantic Permanent Savings Bank; 29 +15+ 30 +16+ 31 +17+ 32 +18+ 33 +19+(12) Investors Savings Bank; 34 +29+(13) Life Federal Savings Bank; 35 +21+(14) Cenit Bank 36 for Savings, SFB 37 @22@ 38 +23+ Virgimid-Beaeh-Federal-Savirigs-and-heari-AsseeiatioRT 39 +24+-(15) Virginia Federal Savings and Loan Association. 40 -(16) Bank of Tidewater; 41 -(17) Coastal Virginia Bank; 42 (18) Peoples Bank of Virginia Beach; 43 (19) Perpetual Savings Bank; 44 -(20) Princess Anne Commercial Bank. 45 (b) No money shall be deposited in any bank or savings 46 and loan association referred to in this section until the bank 47 or savings and loan association has complied with the Virginia 48 Security for PubliC Deposits Act, as amended, and other 49 provisions of state law. 50 Adopted by the Council of the City of Virginia Beach, 51 Virginia, on 24th day of Octobex 1988. 52 LLL/lmt 53 04/25/ 88 54 09/ 29/88 55 CA-02959 56 \ordin\proposed\02-226.ord UPE DEPARTMENT APPROVZD AS TO LEGAL SUI@FICIE@,@C@t A@,i@ F'-- 2 - 49 - Item IV-H.3. CONSENT AGENDA ITEM # 30247 Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED: Ordinance to TRANSFER $52,450 to Project #2-066 from #2-052 to allow continuation unto Phase III of Boardwalk Improvement Project. Voting: 8-0 Council Members Voting Aye: Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John A. Baum and John L. Perry @/RiT C * To AN ORDINANCE TO TRANSFER FUNDS OF $52,450 y TTORNE7 TO PROJECT #2-066 FROM #2-052 TO ALLOW CONTINUATION UNTO PHASE III OF BOARDWALK IMPROVEMENT PROJECT WHEREAS, the City of Virginia Beach wishes to conlinue wilh Phase III of the Boardwalk and Connector Park Improvement Project, which has concluded its first phase and is currently in the second, and WHEREAS, $52,450 is required in order to certify necessary funding to proceed with the design, and WHEREAS, sufficient funds are available in the Public Beach Improvement Project (2-052) to transfer the necessary funds to the Connector Park Project (2- 066), and WHEREAS, such funds will be replaced in the Public Beach Improvements Project when additional capital project funds are authorized. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 'rHE CITY OF VLRGINIA BEACH, VIRGINIA that funds in the amount of $52,450 are hereby transferred between Capital Improvement Projects as shown below to allow for the initiation of Phase III for Boardwalk Improvements and Connector Parks. Transfer From: Amount Project #2-052 Public Beach Improvements $ 52,450 Transfer To: Project #2-066 Oceanfront Connector Parks - Phase III $ 52,450 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the city of Virginia Beach, Virginia on the 4 day of October , 1988. - 50 - Item IV-H.4. CONSENT AGENDA ITEM # 30248 Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED: Ordinance appointing viewers in the petition of CESS, LIMITED, for the closure of a portion of Bratton Street (PRINCESS ANNE BOROUGH) The Viewers are: David Grochmal Director of General Services C. Oral Lambert Director of Public Works Robert J. Scott Director of Planning Voting: 8-0 Council Members Voting Aye: Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John A. Baum and John L. Perry ORDINANCE APPOINTING VIEWERS WIIEREAS, Cess Limited, a Virginia limited partnership, has given du(- and proper notice, in accordance with the statutes for such cases made and provided that they will on October 24, 1988 1 1988, apply to the City Council of ttie City of Virginia Beacli, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, what, if any, inconvenience would result from the discontinuance of the below-described portion of those certain streets and has filed application with said Council. NOW, TIIEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT C. Oral Lambert, Jr. Robert J. Scott and David Grochmal are hereby appointed to view the below-described property and report in writing to the Council, as soon as is practicable, whetlier in their opinion, what, if any, inconvenience would result in the discontinuing and vacating of a portion of those certain streets located in the City of Virginia Beach, Virginia, and more particularly described as follows: Part of Cason Avenue and Bratten Street, Plat of @lount Zion Village, @lap Book 27, Page 68, Princess Anne Borough, Virginia Beach, Virginia, beginning at a point on the North side of Cason Avenue at the intersection of Seaboard Road and thence East alon@. Cason Avenue a distance of 1179.75 feet to a point and thence South a distance of 50.69 feet STAIII.GS to a point thence West along Cason Avenue a distance of 570.24 feet to a point at the intersection of RIC.@RDSON South along Cason Avenue aiid Bratten Street thence Bratten Street a distance of 50.00 feet to a point thence West across Bratten Street a distance 50.00 f eet to a point thence North a distance of 50.00 feet to a point at the intersection of Cason Avenue and Bratten Street thence liest a distance of 570.1 f eet to a point at the intersection of Seaboard Road and Cason Avenue thence North to the beginning, containing 61 , 750 square f eet of existing right of way to be closed. Said parcel of land being a portion of Cason Avenue and Bratten Stre@, as indicated on that certain plat entitled "Preliminary Subdivision of Property and Street Closure Plat for portion of Cason Avenue and Bratten Street, Plat of Mount Zion Village, Near Princess Anne Courthouse, @lap Book 27, Page 68, Princess Anne Borough, Virginia Beach, Virginia," dated June 17, 1988, which plat is attached hereto and intended to be recorded with the Ordinance closing the above-described streets. ENTERED THIS DAY OF 1988. ST.LLINGS .ND @1C.ARDSON State of Virgi@ni*a to-.it AFFIDAVIT City'of Norfolk This day UNA-SAWYER- personally !3ppeared before me and after being duly sworn made oath that: (1) (He) (She) is affidavit clerk of . - v@-IN G newsroper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach, State of Virginia; (2) That the advertisement hereto annexed of -- - - - - - - has been published in said newspaper on the following dates: 1 9 Subscribed and sworn to before me iri my city and state oforesaid this 18th- day f OCT 19 8 My commission expires My Comm@n @j May 20,1991 19 Ifl@ NOTARY PUBLIC p@ C. A, S. A @id li.n Str.1 Cl.! C.- A. pi., t W Prin.. , @k 27, U, Pr U-.h @i. @@h, Vir.i.- i.,"' "G.11U. S.I.Y.. .. Enli- Lid., d.,@ lun. 17, '90. Al It wi. li- hi, r -X' w' 'ft" "re, e"" - "C-nlll r -'.n. W,C." nIr_., Cl@ c 7@@Cn C C-"n_ A@en_ . .1. en S'I C', .V, ,@. -h d_r,. ,. C. 'm B,: Mdy E. St.Ilin., Of C.-I M.dl sull. 3330 P if!, @,@r @7. CERTIFICATE OF VESTING OF TITLE I, ~ioody E. Stallings, attorney for petitioner, Cess Limited, hereby certify that: 1. I am an attorney at law and represent Cess Limited, the petitioner. 2. If the property described below is discontinued, closed, and vacated by the Council of the City of Virginia Beach' Virginia, then title to said property will vest in Cess Limited, the adjacent land owner. The said property referred to herein is hereby described as follows: Part of Cason Avenue and Bratten Street, Plat of Hount Zion Village, Map Book 27, Page 68, Princess Anne Borough, Virginia Beach, Virginia, beginning at a point on the North side of Cason Avenue at the intersection of Seaboard Road and thence East along Cason Avenue a distance of 1179.75 feet to a point and thence South a distance of 50.69 feet to a point thence West along Cason Avenue a distance of 570.24 feet to a point at the intersection of Cason Avenue and Bratten Street thence South along Bratten Street a distance of 50.00 feet to a point thence West across Bratten Street a distance 50.00 feet to a point thence Morth a distance of 50.00 feet to a point at the intersection of Cason Avenue and Bratten Street thence West a distance of 570.1 feet to a point at the intersection of Seaboard Road and Cason Avenue thence North to the beginning, containing 61,750 square feet of existing right of way to be closed. Said parcel of land being a portion of Cason Avenue and Bratten Street, as indicated on that certain plat entitled "Preliminary Subdivision of Property and Street Closffre Plat for portion of Cason Avenue and Bratten Street, Plat of Mount Zion Village, Near Princess Anne Courthouse, Map Book 27, Page 68, Princess Anne Borough, Virginia Beach, Virginia," dated June 17, 1988, and prepared by Gallup Surveyors and Engineers, land surveyor, which plat is attached hereto. Dated Moody E. Sta STAILINGS A@D RICIARDSON @l..IN. .@A@.. @@.GIN@A AFFIDAnVI@' STATE OF VIRGINIA CITY OF VIRGINIA BEACII, to-wit: J, I-loody E. Stallings, attorney for Cess Limited, petitioner, being first duly sworn, deposes and states: I . That I am an attorney at law and represent the l@ petitioners. 2. That on the day of 1988, and Ion the day of 1988, notice of the presenting of the application to close a portion of those icertain streets known as Cason Avenue and Bratten Street, Plat of @iount Zion Village, on behalf of Cess Limited, was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. loody E. Stall' Subscribed and sworn to before me this day of 1 986. My Commission Expires: Notary STA-.NGS @D ..C.@DSON IN REi IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS CASON AVENUE AND BRATTEN STREET PLAT OF MOUNT ZION VILLAGE, MAP BOOK 27, PAGE 68, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PRELIMINARY SUBDIVISION OF PROPERTY AND STREET CLOSURE PLAT", DATED JUNE 17, 1988, WHICH PLAT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. Your Petitioner, Cess Limited, a Virginia limited partnership, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the Code of Virginia, 1950, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of those certain streets, which are more specifically described as f-llows: Part of Cason Avenue and Bratten Street, Plat of Mount Zion Village, Map Book 27, Page 68, Princess Anne Borough, Virginia Beach, Virginia, beginning at a point on the North side of Cason Avenue at the intersection of Seaboard Road and thence East along Cason Avenue a distance of 1179.75 feet to a point and thence South a distance of 50.69 feet to a point thence West along Cason Avenue a distance of 570.24 feet to a point at the intersection of Cason Avenue and Bratten Street thence South along Bratten Street a distance of 50.00 feet to a point thence West across Bratten Street a distance 50.00 feet to a point thence North a distance of 50.00 feet to a point at the intersection of Cason Avenue and Bratten Street thence West a distance of 570.1 feet to a point at the intersection of Seaboard Road and Cason Avenue thence North to the beginning, S-LLINGS containing 61,750 square feet of existing @N. right of way to be closed. RIC..RDSON Said parcel of land being a portion of Cason Avenue and Bratten Street, as indicated on that certain plat entitled "Preliminary Subdivision of Property and Street Closure Plat for portion of Cason Avenue and Bratten Street, Plat of Mount Zion Village, Near Princess Anne Courthouse, Map Book 27, Page 68, Princess Anne Borough, Virginia Beach, Virginia, dated June 17, 1988, which plat is attached hereto and intended to be recorded with the Ordinance closing the streets as described above. 2. That no inconvenience will result to any person by reason of said closing, vacation, and discontinuance of said streets; and the Petitioner prays that Viewers be appointed as provided by law to view said platted streets proposed to be closed and to report in writing to the Council on or before the day of -, 1988, as to whether in the opinion of the Viewers, what inconvenience, if any, would result from the discontinuance and closure of these portions of said streets. 3. That on the - day of 1988 and on day of 1988, notice of the presenting of this application was published in the Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portions of the platted streets is your Petitioner herein, Cess Limited. STALLINGS AND RIC.ARDSON VI..IIIA .@A@. ll..INIA Respectfully submitted, c I.- cou@sel- Moody E. Stallings, Esquire Stallings and Richardson Suite 500 3330 Pacific @ -.-)ue Virginia Beach, Virginia 23451 804-422-4700 STAIII@GS AND RIC.@..SON NOTICE PLEASE TAKE NOTICE that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 24th day of October 1988, at '7.nn D at the City liall of the City of Virginia Beach, Princess Anne Station, the undersigned will petition the Council for the appointment of Viewers to view the portion of those certain Istreets described below and report to the City Council whether Iin the opinion of the Viewers, what, if any, inconvenience Iwould result from the vacating, closing and discontinuance 11 of same, the said portion of said streets being described las follows: Part of Cason Avenue and Bratten Street, Plat of Mount Zion Village, Map Book 27, Page 68, Princess Anne Borough, Virginia beach, Virginia, beginning at a point on the North side of Cason Avenue at the intersection of Seaboard Road and thence East along Cason Avenue a distance of 1179.75 feet to a point and thence South a distance of 50.69 feet to a point thence West along Cason Avenue a distance of 570.24 feet to a point at the intersection of Cason Avenue and Bratten Street thence South along Bratten Street a distance of 50.00 feet to a point thence West across Bratten Street a distance 50.00 feet to a po:Lr,t thence North a distance of 50.00 f eet to a point at the intersection of Cason Avenue and Bratten Street thence West a distance of 570.1 feet to a point at the intersection of Seaboard Road and Cason Avenue thence North to the beginning, containing 61,750 square feet of existing right of way to be closed. Said parcel of land being a portion of Cason Avenue and Bratten Street, as indicated on that certain plat entitled "Preliminary Subdivision of Property and Street Closure Plat for portion of Cason Avenue and Bratten Street, Plat of @lount ,Zion Village, Near Princess Anne Courthouse, Map Book 27, Pa@,e 66, Princess Anne Borough, Virginia Beach, Virginia," made by Gallup Surveyors and Engineers, Ltd., surveyors, dated @june 17, 1988. At that date and time, anyone may appear and present ihis or her views. After the eport of the Viewers is received, at the next iregular meeting of the City Council, or as soon thereafter ias the matter may be placed on the agenda, the undersigned iwill petition the City Council to vacate, close and discontinue those portions of Cason Avenue and Bratten Street in the City Ilof Virginia Beach, Virginia, described above. CESS LIMII Of Counsel l@toody E. Stallings, Esquire Stallings and Richardson Suite 500 3330 Pacific Avenue Virginia Beach, Virginia 23451 804-422-4700 ST@NGS AiC@DSON ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNO@@N AS CASON AVENUE AND BRATTEN STREET PLAT OF MOUNT ZION VILLAGE, MAP BOOK 27, PAGE 68, PRINCESS ANNE BOROUGII, VIRGINIA BEACII, VIRGINIA, AS SIIOWN ON TIIAT CERTAIPI PLAT ENTITLED "PRELI14INAPY SUBDIVISION OF PROPERTY A@@-'@) @"TI'EET CLOSURE PLAT", DATED JUNE 17, 1988, WiiICH PLAT IS RECORDED IN TIIE CLERK'S OFFICE OF TliE CIRCUIT COURT OF 'I'IIE CITY OF VIRGINIA BEACII, VIRGINIA, IN @IAP IIOOI' I AT PAGE '@liEREAS , it appear ing by af f ida vit t hat prop er notice has been given by Cress Limited, that it would make application to the Council of the City of Virginia Beach, Virginia, on , to have the hereinafter described portions of streets discontinued, closed, and vacated; and WIIEREAS, it is the judgment of the Council that said portions of streets be discontinued, closed, and vacated; NOW TIIEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that tlie hereinafter described portions of streets be discontinued, closed, and vacated: Part of Cason Avenue and Bratten Street, Plat of Nount Zion Village, Map Book 27, Page 68, Princess Anne Borough, Virginia Beach, Virginia, beginning at a poi on the North side of Cason Avenue at the intersection of Seaboard Road and thence East alon- Cason Avenue a distance of 1179.75 feet to a point and thence South a distance of 50.69 feet to a point thence West along Cason Avenue a distance of 570.24 feet to a point at the intersection of Cason Avenue and Bratten Street thence South along Bratten Street a distance of 50.00 feet to a point thence liest across Bratten Street a distance 50.00 Sl@LLI.GS feet to a point tlience North a distance of 50.00 A@. RIC@ARDSO@ feet to a point at the intersection of Cason Avenue .1.@ @IA .@A@@ i n cl Bratten Street thence West a distance of 5 7 0 . I f eet to a point at the intersection of Seaboard Road and Cason Avenue thence North to the beginning, containing 61 , 750 square f eet of existing right of way to be closed. Said parcel of land being a portion of Cason Avenue and Bratten Street, as indicated on that certain plat entitled "Preliminary Subdivision of Property and Street Closure Plat for portion of Cason Avenue and Bratten Street, Plat of Mount Zion Villa@.e, Near Princess Anne Courthouse, Map Book 27, Pape 68, Princess Anne Borough, Virginia Beach, Virginia," made by Gallup Surveyors and Engineers, Ltd., surveyors, dated June 17, 1988, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book at page and which is made a part liereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, Vir-.inia, indexed in the name of the City of Virginia Beach, as grantor. SECTION III Adopted: This Ordinance shall be effective sixty (60) days from the d:te of its adoption. S-LLINGS .ND RICH.RDSON C) CESS LIMITED Closure of portions of Cason Avenue and Bratten Street Princess Anne Borough - 51 - Item IV-H.5. CONSENT AGENDA ITEM # 30249 Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council APPROVED: Low Bid to WOODINGTON CORPORATION in the amount of $542,721.83 for Resort Streetscape Demonstration Construction of Virginia Power Conduit Section I, Phase I (CIP 2-067). Voting: 8-0 Council Members Voting Aye: Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John A. Baum and John L. Perry - 52 - Item IV-H.6. CONSENT AGENDA ITEM # 30250 Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council APPROVED: RAFFLE PERMIT: PILOT CLUB OF VIRGINIA BEACH Voting: 8-0 Council Members Voting Aye: Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John A. Baum and John L. Perry - 53 - Item IV-T. ITEM # 30251 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS: COMt4UNITY DEVELOPMENT CTTIZENS ADVISORY COMMITREE HISTORTCAL REVIEW BOARD TRANSPORTATION SAFETY COMMISSION - 54 - Item IV-L.l. ADJOURNMENT ITEM # 30252 Upon motion by Councilwoman Ilenley and BY ACCLAMATION, City Council ADJOURNED the Meeting at 11:48 P.M. Be ,ly I..k Chief Deputy City Clerk th Hodges'Smith, CMC @Ci'ty Clerk Meye'ra 91. Oberndorf Mayor City of Virginia Beach Virginia