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FEBRUARY 8, 1988 MINUTES Cit, "f NTil7"ii-iiiEA "WORLD'S LARGEST RESORT CITY" ('ITY COUNCIL MAYOR ROBERT G. JONES, A@ L,,g, VICE MAYOR MEYEM E. OBEPNDORF, A, L.,,, A@ERT W. BALKO, L,@@h ... @ B-.gh JOHN A BAUM, B-.,h ROBERT E FENTRESS, V,,i@i. B-h @@,h HAROLD liEISCHOBER, A, @,, BARBAP,A M. HENLEY, P@@g@ B,@.gh REBA S M,,CLANAN, P@-,,, A@@, B,-gh JOHN D MOSS, K,.pill, B-.gh N@CY K. PARKER, A, L,,, JOHN L PERRY, B,,id, B,@.,h 281 CITY HAU BUILDING MUNICIPAL CENTER A- I --. J.. CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 1. @ "I, q A,.- (8@) 427-4303 R@@ .0@@ -@.. -1@, CI, C- Flabruary 8, 1988 ITEM I. CITY MANAGER'S BRIEFIRG - Conference Room - 11:00 AN A. LEGISLATIVE UPDATE Mr. Robert Matthias Tntergovernmental Relations Coordinator ITli4 II. COUNCIL CONFERENCE SESSION - Conference Room - 11:30 AM A. CITY COUNCIL CONCERNS ITEM III. IEFCRMAL SESSION - Conference Room - 12 N0019 A. CALL TO ORDER - vzyor Robert G. Jones B. ROLL CALL OF COUNCIL C. RECESS TO EXWURIVE SESSION ITEM IV. FCRMAL SESSION - Council ChaiRber - 2:00 PM A. INVOCATION: Revere@ Stanley W. Sawyer All Saints Episcopal Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA E. MINURES 1. INFOFIIAL & FORMAL SESSIOIJS - February 1, 1988 F. PRESENMTION 1. Report of 1986 Bond Referendum Committee G. PUBLIC HMING 1. PLANNING a. Application of Robert Berman and Jack B. Jacobson for the discontinuance, closure and abandorment of a portion of a 20- foot lane located betw-en Virginia Beach Boulevard and 18th Street beginning at the Eastern boundary of Park Avenue and running in an Easterly direction a distance of 304 feet more or less, containing 6040 square feet and is 20 feet in width (Virginia Beach Borough). This item was DEFERRED FOR COMPLIAWE on August 3, 1987. Recomm@ation: 60-day DEFERRAL b. Application of Lee. A. Gifford for a Conditional Use Permit for an eight (81 ) by eight (8' ) foot billboard cn the West side of South Military Highway, 200 feet more or less South of Indian River Road (845 South Military Highway) , containing 2.46 acres (Kempsville Borough) . This item was DEFERRED January 25, 1988. Recommendation; APPROVAL C. Application of Gene S. Neekins for a Conditional use Permit for a bulk storage yard (boat and boat trailer storage) on the West si7de of Village Drive, 420.25 feet South of Laskin Road, containing 3.069 acres (Lynnhaven Borough) @is item was DEFERRED January 25, 1986. Recomm@ ation: APPROVAL d. Application of Virginia Electric and Power Company for a Conditional Use Permit for a public utility transformer station on certain property located on the East side of London Bridge Road at the intersection with London Bridge Road (Relocated) containing 8.3 acres (Princess Anne Borough). Recommeridation: APPROVAL e. Application of Kempsville Chapel for a Conditional Use Pemit for a church on the Northeast side of Salem Rc)ad, 94.4 feet Southeast of Fmsbuldt lane located at 2230, 2234 and 2240 Salem RDad, containing 5.201 acres (Kempsville Borough). Recommendation: APPROVAL f .Applications of Fralin and Waldron, Inc., on certain property located at the Northeast corner of Independence Boulevard and Honeygrove Road, containing 2.05 acres (Bayside Borough): Change of Zoning from B-2 Community-BusinesS DiStrict to 0-1 office District; AND, Conditional Use Permit for a 180-bed nursing home. Recommendation: APPROVAL for both applications g. RWO19SIDERATION of Application of B & L Auto Body, Inc. T/A B & L Towing Service of Virginia for a Conditional Use Permit for a bulk storage yard at the Northeast corner of Southern Boulevard and Dorset Avenue located at 120 Dorset Avenue, containinq 2.409 acres (Bayside Borough) - h. Application of the CLty of Virginia Beach, Virginia, to arnend and reordain the Master Street and Highway Plan pertaining to Rosemont Road at its Southern extremity, including its proposed intersection with Holland Road, and including the proposal to connect Hollarid Road and Princess Anne Road with a 4-lane collector street at that point (Kempsville ar)d Princess Anne Boroughs). Recommendation: APPPOVAL H. RFSOLUTIONS 1. Resolution authorizing the City of Virginia Beach advertise a request for proposals for one franchise to use that portion of the public beach adjacent to the Atlantic Orean which includes Fort Story, the resort area from the Rudee Inlet Jetty to Fortieth Street, Croatan and Camp Pendleton, for the purpose of conducting certain beach equiement rental operations in consideration for the provision of lifeguard and other services along the oceanfront, and for such other good and valuable consideration as the City and the prospective Grantee may agree upon. 2. Resolution of the Council of the City of Virginia Beach, Virginia, opposing House Bill 1075 as originally submitted to the Committee on Conservation and Natural Resources for construction of bulkheads at Sandbridge. 3. Resolution requesting the Virginia Division of Parks and Recreation of the Departnent of Conservation and Historical Resources to permit tbe C-ity of Virginia Beach to extend the Marathon Course for the Shamrock Marathon through a portion of Seashore State Park. I. CONSENT AGENDA All matters listed under the Consent Ag@a are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If any item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance tc) Transfer $235,000 to Project #3-977 to allow for the Develorment Design Phase of the Judicial Oenter. 2. Ordinance to approve a new Attorney I position for the Cornmonwealth's Attorney. 3. WW BID to East Coast Pipe, Ltd. in the amount of $440,768.50 for FY 1987/88 - 1991/92 Water Utility Capital Improvement Program for the Wolfsnare Plantation area, 51% Participation, CIP 5-009. J. UNFINISHED BUSINESS K. NM BUS INESS 1. ODamunity Development Mirget Areas - Mrs. Alice Green and other Target Area residents sponsored by Mayor Robert G. Jones L. ADJOURNMENT PUBLIC HEARING CCMPREHENSIVE ZONING ORDINANCE 7.00 PM VIRGINIA BFACH JUNIOR HIGH SCHOOL MARCH 2, 1988 AND KEMPSVILLE HIGH SCHOOL MAICH 1 0, 1 988 CITY COUNCIL SESSIONS OF FEBRUARY 15, 1988 (City Holiday) RESCHEDULED TO FEBRUARY 29, 1988 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 8, 1988 The LEGISLATIVE UPDATE of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, February 8, 1988, at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John D. Perry Council Members Absent: John D. Moss, (ENTERED: 11:15 A.M.) - 2 - LEGISLATIVE UPDATE February 8, 1988 11:00 A.M. ITDI, @y 28791 The City Manager introduced Robert Matthias, Intergovernmental Relations Coordinator, who presented the STATUS OF VIRGINIA BFACH 1988 LEGISLATIVE PACKAGE. The General Assembly is addressing approximately 1800 bills this year, 230 of those -easures were suggested by the AdLiinistration. This is a first for any Administration. Robert Matthias reviewed the STATUS REPORT distributed to City Council: Amortization of Non-conforming Signs No Bill introduced Direct Election of School Board Charter Change declared "Unconst-@@tutional" Tree Protection A number of Bills still in Committee Increase in Court Fees (See Fund Courts Building) Land Transfer Tax No Bill introduced Alternates to Board of Zoning Appeals Still in Cominittee Back Bay Restoration Senator Holland and Delegate Creekmore have introduced Budget Amendments for $1/4- MILLION. There is at leE,.s@. $40,000 a year in the Back Bay Restoration. Business License Tax/Mini liarehouse Passed the Senate. COT 21 SB 227 - Senator Waddells' bill (freeze land use I-or 3 years) has passed the Senate liD 554 - Granwell's Bill is in CommitLee (Allow for proffers for highways) ,,iB 1033 - McClanan's Bill (Extend old conditional zoning) is in Committee. @IB 1021 - Hargrovels Bill (allows cash contributions for public improvements) is in Committee HB 855 - Plum's Bill (strengthens official map), passed Committee HJR 125 - Cranwell's Bill (study conditional zoning) Contraband Forfeiture Act HJR 25 - Allen's Bill (Constitutional Amendment to General Fund) in Committee HB 23 - Axelle's Bill (Cers seized use by agency) passed House. Fund Courts Building HB 245 - CroshaiT's Bill (Per legislative Package Statewide) carried over in Study Committee. Members of the Counties, Cities and Towns Committee who are also Members of the Courts Justice Committee and the Chairman will constitute thi-s Study Committee. HB 124 - Croshaw's Bill (per legislative package, Charter) is in Committee. - 3 - LEGISLATIVE UPDATE TTFZI # 28791 (Continued) Fund Education Budget - The City is receiving approximately $8-$9-MILLION in new money and the mandates will cost approximately $12-MILLION. Virginia Beach is doing much better than other localities throughout the Commonwealtli. Going out of Business Sale HB 450 - Puri@ey's Bill - Passed by Indefinitely Health & Related Insurance SB 245 @! I"B 1051 - In Co!nmittee Increased Funding Mental Health Additional $1.2 MILLION FY-89, $2.4 /Mental Retardation MILLIOIT FY-90. Indigent Ilealth Care There has been additional money instilied into the Budget but not an appreciable amount. Master Plan for Seashore State Department of Parks and Recreation requested an amount of funds in the Governor's Budget. @"he Governor advised he would utilize the lottery revenues next year. Senator Holland has instituted a budget amendment, however, @@o have funds appropriated for that study. Mining & Milling of Uranium No bills introduced. The City was essentially held harmless. Municipal Powers Expansion No bills introduced. Operation of Mopeds HB 520, Purkey's Bill has passed Committee and ha@- had two readings on the House Floor but ran into problems on the third reading. Pendleton Increased Appropriation $100,000 Amendment request introduced to expand program to Cliesapeake Pendleton - Relocation No funding was requested for the relocation. Runaways & Secure Detention Three bills address this, SB 168, HB 594 and HB 738. Scenic Rivers Designation HB 160, Croshewls bill was reported out for the Conservation and Natural Resources Committee. HB 141, Delegate McClanan's Bill State Assumption of Juvenile Budget Amendment for $1,@165,000 by Court Senator Holland Stop Work Orders No Bill @Introduced Tax Exemption - Marian Manor SB 434, Senator Holland's Bill. This bill was introduced and should pass easily. - 4 - LEGISLATIVE UPDATE ITEM # 28791 (Continued) Tax Exemption - Water Works HB 624- Purkey's Bill, has been Equipment instilled in a Subcommittee.There is a large study commencing of all the tax exemptions existing in the City Code. All the requests for tax exemptions shall probably be carried over until next year until said study is completed. Virginia Beach Arts Center There is $1.5-MILLION in the Governor's budget Virginia Beach Development Authority HB 601 and SB 414- SB 414 has passed the Senate. Voter Information SB 426 -Senator Holland's Bill - Killed in Committee on the Senate side. (9-4) Agricultural Should take care of itself. Other Issues Sales Tax HB 140, HB 650. Robert Matthias did not believe the Governor would allow either of these Bills to pass as he did not wish his administration to be known as a tax administration. Disabled Relief SJR 1and SJR 2, all are Constitutional Amendments HOV Lanes SB 66 and HR 168 - Senator Stallings Bill has cleared the Senate. Delegate Croshaw's Bill is still in House Roads Committee. Infrastructures HJR 32 - Glasscock's Bill to allow localities abiliity to provide infrastructures to be studied. Tort Claims SB 50 was killed last week by a vote of 9-4. Parks HB 196, Thomas's Bill uses state share of recordation tax up to $24- MILLION a year and utilize same for the creation of parks statewide. This created much opposition from the building community and the real estate community. Truck Covers HB 506, HB 604, SB 402, HB 668 Elected School Boards HB 579, SB 150, HB 664, HB 744 - All Bills would not have taxing authority. Council Salaries SB 427 - Senator Holland's Bill to increase salary of Council Members and Mayor. This Bill has passed the Senate. - 5 - LEGISLATIVE UPDATE ITEM 28791 (Continued) Bulkheads, Sandbridge HB 1075 - Basically this removes the adjoining property owner's approval by residents who wish to build bulkheads at Sandbridge Community Services Board SB 351 - This Bill would allow the City Council direct au@lhority to hire and fire the Community Services Board Director. Arbor Day SJR 63 - Senator Holland's Bill. Resolution declaring April 8 or the Second Friday in ADril as Arbor Day. Camp Pendleton SJR 84 and HB 1035. Senator Holland's Bill requests the property within the main post at Camp Pendleton remain under Army Control and be utilized for National Guard Army Training. Delegate McClanan's Bill would create a joint useage of the main base tract and the beacli tract. In-State Tuition SB 362 - would create 2-year eligibility for out-of-state residents. Robert Matthias advised the Governor had mandated a 7.3% increase average statewide in Teacher's salaries. To reach the average salary, the City of Virginia Beach must .,ive approximately a 9% increase as there are so nany newly hired teachers with low salaries. Every 1% in teacher's salaries is approxinatelv $1.2-MILLION The State average will now be the National average. Another Bill would require school districts to have one registered nurse for every 1,000 students. Approxi,-qately 62 nurses would heve to be hired for an approximate cost of $1.5 to $2-MILLION. Vice Mayor Oberndorf re@-erenced the Voter InforTqation Bills and suggested the Voter Registrars throughout the Commonwealth unite and assure Susan Fitzhugh, Head o.' the State Board of Elections, of the integrity ol- this proposal. Robert Matthias advised Vice Mayor Oberndorf the Voter Registrar's did present this as part of their package. -liowever, there was reluctance and the Bill died in the Senate Committee by a vote of 9-4. Vice @'layor Oberndorf advised the League of Women Voters and other reputable representatives of the general citizenry should support this Bill. - 6 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM j"' 28792 The City i@anager advised a Video of approximately 24 minutes had been prepared on the Highway Construction Projects. Because of a most positive report and the substantial amount of data included, the Ci-ty Manager requested this be televised on Channel 29. The City Manager had this Video set up in the City Council Conference Room for Council Members viewing, if they so desired, upon adjournment of the City Council Meeting. ITEM @f' 23793 Councilwonian McClanan referenced her discussioii with the ChesaDeake City Clerk relative the sharing of the TWENTY-FIFTH ANNIVERSARY BREAKFAST. The City of Chesapeake had sug.gested the mornings of February 27, 1988 and March 5, 1088. CouncilwoT.qan McClanan advised the time discussed was either 9:00 or 9:30 A.M. at the Holiday Inn in Chesapeake. The list was distributed by Councilwoman McClanan for City Council to indicate their preference. ITL'll # 28794, Councilman Balko referenced the problem of sunken boats in waterways. Three of these complaints have been referred to Councilman Balko. Councilman Balko then discovered there were a.pproxima-lely fifteen (15) boats. it is quite a legal task to discover tile owner. The City ',Ianager advised if said sunken boat is blocking a navigable water they can be handled. The Boats on the beaches, in front of individual's homes, or backed up in swamps cause a ldroblem. The City Manager advised the Staff is working with the Department of Public Works to determine methods available to alleviate this situation. ITEM # 28795 Councilwoma,i Parker distributed a revised Resolution of the '@ity of Virginia Beach, Virginia, OPPOSING liouse Bill 1075 as originally submitted to the Comnit@lee on Conservation and Natural Resources. (Said coD is hereby made a .Y part of the record.) ITEM 1/1 28796 Cou,icilr,an Moss referenced the Ordinance to Amend and Reordain the Code of the City of Virginia Beacli, Virginia, By adding Section 16-10.1, pertaining to Certificates of Occupancy for Certain Dwellings. There was a WORKSHOP held on January 6, 1988, and Councilnan Moss wondered when this subject would be SCHEDULED for the City Council Agenda. The City 14anager advised he needed consensus from the City Council whether or not this Ordinance should be substantiall,, revised. Vice Mayor Oberndorf referenced the WORKSHOP on January 6, 1988, and advised t',,iere @ias a very candid discussion with the representatives of the private inspec@lion companies and of the real estate industry. The two iteis e,'Iphasized were the ability to address specific areas that were beg!-nning to deteriorate and the fact that aparl@ments and rental housing were not a part of this . There was concern expressed relative the rethod of encouraging landlords to 1-Qaintain their property even though there i-Liight not be a sale of the property, but a consta,,it turnover in tenants. Vice I,.Iayor Oberndorf suggested the City staff investigate sane. Tlie City Manager advised he could SCHEDULE a WORKSHOP on the First or Third Monday in March to provide staff overview of issues by City Counci-l-. - 7 - C I T Y C 0 U N C I L C 0 N C E R N S ITE14 i@ 28797 Councilman Perry re@@erenced the report on the "dumping" on Connie Lane at the corner of Sir Lawrence Drive. A court order was instituted. A STOP WORK ORDER was posted but the "dumping" continued. The City Manager will investigate and advise. Kathleen Hassen had advised the City Engineer had posted another STOP WORK ORDER. ITEM # 28798 Councilman Perry referenced a set of plans pertaining to Reedtown dated December 23, 1986. -Uouncilman Perry advised the 20-foot road in Reedtown belonged to the Citv forty (40) years a@o. The NAVPHIBASE Federal Credit Union was going to give thi-rty (30) more feet which would ,aake a fifty (50) foot road. In a meeting on Saturday morning, February 6, 1988, Councilman Perry attempted to ascertain the amount of money expended on planning for Reedtown by Community Development whicll was approximately $1/2 @IILLION. Councilman Heischober advised he had received a file relative same from Hector A. Tlivera, Assistaiit City Manager for Hunan Services. Councilman Heischober advised a road had been installed from Sir John Road of approximately 1500 feet. Couiicilman Perry's research indicates that 20 feet of this road is public property. The legal research would indicate that none of it is public property; however, NAVPHIBASE Federal Credit Union on Deceinber 2, 1985, agreed to give ten (10) feet of their ,Droperty and also to dedicate twenty (20) feet adjoiniiig thi-s. So ii addition to the ten feet within their property, they agreed to ded4@cate 20 feet of the 40-foot strip (40 feet between their property and tie Hawkins Droperty) . The Hawki-ns agreed to dedicate 20 feet, which would comprise a total of 50 feet. Councilnan Heischober requested a meeting with Councilman Perry and appropriate City Staff to determine a sclut'@on for Reedtown. Councilman Perry advised Reed Associates would build low and moderate housi-ng not to exceed $50,000. Corqmunity Development was aware of this. The Baxters do not have enough land to build horn--s for themselves. As Mrs. Baxter's land is against the line, Reed Associates would negotiate with the Baxters to give them land on the front of the road. The road, curb, gutters and sidewalk would cost over $400,000. If a road with just a swale was installed, it would be over $300,000. Community Development's Staff position is that @'hey should not expend those funds for the benefit of the developer. The maxiiqum amount prouerty owiiers can be assessed under state law is $i,ooo. ITI-11 28799 Councilman Baum requested Robert ilatthias investigate proposed le.@islation bv the Chesapeake Bay Foundation. Robert ',Iatthias advised there are two bills entitled, "The Chesapeake Bay Preservation Act", a Senate Bill and a House Bill. Councilman Baum advised most farmers were alarmed as it indicated having Wet]-and Boards involved in rore @,letlands legislation. There are a nun-ber of definitions for Wetlands. Robert Matthias advised the Bill is on Non Title Wetlands instituted by Delegate Forehand of Chesapeake. Robert Matthias advised he will @ionitor these Bills for Councilman Baum and advise. - 8 - B R I E F I N G BAYSIDE JUNIOR HIGH SCHOOL 8 February 1988 12:06 P.M. ITFA%l A 28800 Mayor Robert Jones introduced Dr. James E. Melvin, Superintendent, Virginia Beach Public Schools, who in conjunction with James N. Fletcher, Chairman - Virginia Beach School Board, and Dorothy Barber, Director Office ol- Community Relations, presented information relative BAYSIDE JUNIOR HIGH SCHOOL. Dr. Melvin distributed a CHRONOLOGY OF EVENTS - BAYSIDE JUNIOR HIGH SCHOOL. On February 2, 1988, a gun was confiscated from a black ninth grade student. The student was suspended. Other disciplinary action is under consideration. This small black youngster was afraid of a large black Male. '-e had taken his grandfather's handgun to school. Approximately this time ev--ry year, similar instances occur. In the Schools there are two groups, "heads" and "grits". Both of these groups are wl'lite. Tlie makeut) of t',iis particula- coT.-imuni"y @ls unusual. There is approximately 25% black, 2% Spanish American, 1% Asian American and 65% Caucasiap-. At least 'half of the telephone calls Dr. Melvin received were calls criticizing the -liadio Station ZlO4- On February 5, 1988, approximately 250 students out of the 1,577 students were absent comprising the Stude-,it Body. On February 8, 1988, 215 s-ludents were absent. Dr. Melvin spent two hours on Z104 and advised the radio station "did not intentionally damage that school". Dorothy Barber was on the program this morning, February 8, 1988, for "call-ins". Julius C. Wooten, Principal, Bayside Junior Higii School, sent a letter home with the students on FebruarY 5, 1988, assuring the safety of the children was the most important factor to the school. Information relative BAYSIDE HIGH SCHOOL is hereby made a part of the record. - 9 - ITE14 # 28801 Mayor Robert G. Jones enterteined a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Vir.,inia, as ariended, for the following purposes: 1. PERSON14EL MATTERS: Discussion or consideration of employment, assignment, appointment, proinotion, performance, demotion, salaries, disciplining or resignatio-,i of public off4@cers, appointees or emqloyees. 2. PUBLICLY HELD 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 oitnership by such institution. 3. PUBLIC FUNDS INVESTMENT: The investing of public funds where co-mpetition or bargaining is involved, where if made public initially the financial interest of the governmental unit would be adverselit affected. 4. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attornevs, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilnan Moss, seconded by Councilman Balko,, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Bau@,.i, Harold Heischober, Barbara M. Henley, i4a,Tor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Me,,ibers Voting @Tay: None Council Members Absent: Robert E. Fentress - 10 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL February 8, 1988 2:05 P.M- Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, February 8, 1988 at 2:05 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Reverend Stanley W. Saviyer All Saints Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ADOPTION OF ITEMS Item IV-D.l. ITEM # 28802 Councilwoman McClanan referenced the addition of a Resolution concerning Senate Joint Resolution No. 84 relative "the Governor should maintain the integrity of the Military reservation" (Camp Pendleton's property within the City); And, House Bill No. 1035 referencing the Camp Pendleton Property being dedicated to certain usages for recreation on the 44-acre Beach Tract and subordinate uses on the Main Base Tract. Councilwoman McClanan requested the City Attorney prepare a Resolution for consideration and that same be added under NEW BUSINESS. Item IV-D.2. ITEM # 28803 Councilwoman McClanan referenced Colonel Robert Engesser's request relative the Gasoline Tax. Councilwoman McClanan requested the City Manager have the Finance Department prepare research and compile a list depicting the methods by which gasoline tax is determined. Colonel Engesser has requested this numerous times. Councilwoman McClanan requested this be presented to Colonel Engesser in writing. Item IV-D-3- ITEM 28804 Councilman Baum requested he addition of an item under NEW BUSINESS. Item IV-D.4. ITE@L 28805 Councilwoman Parker referenced the addition of a REVISED Resolution of the Council of the City of Virginia Beach, Virginia, opposing House Bill 1075 as originally submitted to the Committee on Conservation and Natural Resources for construction of bulkheads at Sandbridge. Item IV-D-5 ITEM # 28806 Vice Mayor Oberndorf referenced the addition of an item under UNFINISHED BUSINESS relative the safety of Convenience Stores. Item IV-D.6. ITELM # 28807 Councilman Moss referenced the addition of a Resolution to establish Mosquito Control with the Department of Public Works. This item will be ADDED under NEW BUSINESS. - 12 - ADOPTION OF ITEMS (Continued) Item IV-D-7 ITEM # 28808 Councilwoman Parker referencecl an Uroinance to approve a new Attorney I position for the uoi@imonwealtli's Attorne,,. @6ee Item IV-I.2 of the CONSENT AGENDA). Councilwoman Parker inquired as to whether there would be funds available next year to fund both positions of Chief Deputy Commonwealth Attorney and Attorney I. The City Manager advised he understood they were trying to create two positions but he will advise prior to the CONSENT AGENDA. BY CONSENSUS, with the exception of Councilwoman McClana.nls VERBAL NAY Vote, City -@ouncil ADOPTED the ITEMS FOR THE FOR14AL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL 14AY. - 13 - Item III-E.1 MINUTES ITEM # 28809 Upon motion by Councilman Balko, seconded by Councilman Moss, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of February j, 1988, as CORRECTED. Page 14, ITEM # 28767 ORDINANCE UPON APPLICATION OF RONALD L. DINGWKLL FOR A CONDI-IIONAL USE PERMIT FOR A SINGLE-FAI@IILY DWELLING IN THE AG-1 AGRICULTURAL DISTRICT R02881110 The foliowing sliall be ADDED as Condition 4: 4. No additional City services shall be available as per the COURT ORDER. Page 22a RESOLUTION IN SUPPORT OF THE OLD DOMINTON UNIVERSITY/NORFOLK STATE UNIVERSITY JOINT GRADUATE CENTER IN VIRGINIA BEACH There are minor typographical and punctuation errors: ADOPTED: February 1, 1988 Page 28, ITEM # 28780. The MINUTES stated: "Councilwoman McClanan NOTED the map was incorrect for the Elizabeth River Shores Sanitary Sewer." The Minutes should also reflect: "Councilwoman McClanan requested the Map be CORRECTED." Voting: 11-0 Council iiembers Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Hobert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting May: None Council Members Absent: Norie - 14 - Item IV-F.l. PRESENTATION ITEI@L # 28810 William Schlimgen, Chairman of the 1986 BOND REFERENDUM COMMITTEE presented the Second Report (Copy of same is hereby made a part of the record). The 1986 BOND REFERENDUM COMMITTEE first reported to City Council on October 19, 1987. The Committee continues to meet on a monthly basis to review the progress and expenditures on CIP items approved ii the 1986 BOMD REFERENDUM. To date there has been either expended or obligated approximately $3.5-MILLION of funds out of the total $72- MILLION BOND ISSUE. At this state, obligations and expenditures on highway and school projects are limited mainly to design and site acquisition costs. However, the east 'half of Lynnhaven Parkway was advertised for construction during January 1988. Bids are to be returned to the City by February 19, 1988. The 1986 BOND REFERENDUM COMMITTEE will be reporting to the citizens in THE BEACON on Sunday, February 14, 1988, and hope to do same, unless there are objections from City Council, on a quarterly basis. This advertising expenditure should entai-1 approximately $300-00 per quarter. All projects are on schedule as originally indicated. The SCHOOL PROJECTS are scheduled to open by the 1989 School Session. 5 Iter.q IV-F. PLA1414ING ITEi@l 28811 Mayor Robert G. Jones DECLARED a PUBLIC HEARING oil: PLANNING a. ROBERT HERMAN AND JACK B. JACOBSON STPEET CLOSURE b. LEE A. GIFFORD GONDITIONAL USE PERMIT c. GENE S. MEEKINS CONDITIONAL USE PERMIT d. VIRGINIA ELECTRIC AND POWER COMPAIIY CONDITIONAL USE PERMIT e. KEMPSVILLE CHAPEL CONDITIONAL USE PERMIT f. FRALIN AND WALDRON, INC. CHANGE OF ZONING AND CONDITIONAL USE PERMIT g. B & L AUTO BODY, INC. T/A CONDITIONAL USE PERMIT B & L TOWING SERVICE h. CITY OF VIRGINIA BEACH MASTER STREET & HIGHWAY PLAN AMENDMENT - 16 Item IV-G.l.a. PUBLIC HEARING PLANNING ITEM # 28812 Jack E. Ferebee, 1213 Laskin Road, Suite 106, Phone: 422-8470, represented the applicant and did not object to the DEFERRAL. Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council DEFERRED until the City Council Meeting of April 11, 1988, an Ordinance for the discontinuance, closure and abandonment of a portion of 20- foot lane located between Virginia Beach Boulevard and 18th Street in the petition of ROBERT HERMAN AND JACK B. JACOBSON Application of Robert Herman and Jack B. Jacobson for the discontinuance, closure and abandonment of a portion of a 20-foot lane located between Virginia Beach Boulevard and 18th Street beginning at the eastern boundary of Park Avenue and running in an easterly direction a distance of 304 feet more or less. Said parcel is 20 feet in width and contains 6040 square feet. VIRGINIA BEACH BOROUGH This DEFERRAL will enable final plat review. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 17 - item IV-G.l.b. PUBLIC HEARING PLA14NING ITEM # 28813 Lee A. Gifford, the applicant, represented hir,.self and advised his billboard was below 12 feet in height and directional in nature. A MOTION was made @oy Councilman Moss, seconded by Councilwoman Parker to DENY an Ordinance upon application of Lee. A. Gifford for a Conditional Use @ermit for an eip,,ht (81) by eight (8') foot billboard on the llest side of Soutli Military Highway, 200 fee@, more or less South of Indian -niver Road (845 South ,4ilitary Highway), containing 2.46 acres (Kempsville Borough). Upon SUBSTITUTE MOTION by Councilman Heischobe-, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of LEE A. GIFFORD for a Condi-uional Use Permit: ORDINANCE UPON APPLICATION OF LEE A. GIFFORD FOR A GOiiDITIONAL USE PERMIT FOR Al@ 81 X 81 13ILLBOARD R02881112 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Lee A. Gifl-ord for a Conditional Use Permit for an 8'x 81 billboard on the west side of South Military Highway, 200 feet more or less south of Indian River Road. Said Darcel is located at 845 South @iilitary Highway and contains 2.4'0 acres. Plats with more detailed information are available 4-n the Denar@@ment of Planning. K-,IIPSVILLE BOROUGH. I . Approval is for a period of one (1 ) year and there will be no renewal of this permit. This Ordinance shall be effective upon the date of adodtion. Adopted bv the Council of the Ci@'y of Virginia Beach, Virg-'Inia, on the Eighth day of Februar_v Nineteen Hundred and Eighty-eight. Vice Mayor Oberndorf disclosed she rents an office fro@,a Ilr. Gifford at the Haygood Executive Center. Voting: 8-3 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henle,,, Mayor Robert G. iones, @eba S. McClanan, Vice Mayor Meyera E. Oberndorf and Jolin L. Perry Council Members Voting Nay: Albert W. Balko, John D. Moss a,nd Nancy K. Parker Council Members Abseiit: None - 18 - Item IV-G.l.c. PUBLIC HEARING PLANNING ITEi,i # 28814 Gene Meekins, 1833 Laskin Road, Phone: 422-3201, redresented the applicant Jim Morris, Pace Construction, presented the rendering and responded to City Council inquiries relative the height and direction of the lights. Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3100, represented Trammel Crow Company, owners of a 24.86 acre tract adjacent to Route 44. This property was recently rezoned on December 16, 1986, to allow the Construction of the Chase Colony Residenti-al Community. This is to be a $20-MILLIOi@ Project due for completion in June, 1986. (Letter dated February 1, 1988 from Rita Bamberger, Development Partner, Trammel Crow Company, is hereby made a part of the record.) The developer expressed concern relative the aesthetic controls and design features as well as adversely effecting the traffic in the area. Attorney Nutter requested certain criteria be met by complying with the applicant's rendering presented to City Council, limiting the size to 240 boats, the height not to exceed 38 feet, the exterior and roofing materials would be in accord with the rendering and as attractive as possible. Trammel -,row also requested a review of the materials and design of the buildings. If certain criteria could be met, the applicant would be satisfied with the project. 14r. Richard Chvala, represented Great Atlantic, the Leasing Agent for Village Apartments and advised he had seen the rendering and his major concerns are the lighting at night and the noise relative forklift activitv i-n the morning Mr. Chvala requested administration of these conditions. Upon motion by Councilman Balko, seconded by Council,-.qan Moss, City Council ADOPTED an Ordinance upoia application of GENE S. MEEKINS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GENE S. MEEKINS FOR A CONDITIONAL USE PERMTT FOR A BULK STORAGE YARD (BOAT & BOAT TRAILER STORAGE) R02881113 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Gene S. Meekins for a Conditional Use Per,,,qit for a bulk storage yard (boat & boat trailer storage) on certain property located on the west side of Village Drive, 420.25 feet south of Laskin Road. Said parcel contains 3.069 acres. Plats with more detaiied information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Category III screening, as defined in the proposed landscaping, screening and buffering standards, along the southern perimeter of the property. 2. No boat scraping or painting shall be allowed on the site to ensure that toxic substances are prevented from entering the stormwater drainage system. 3. The gas pumps shown on the submitted site plan were not requested by the applicant with the conditional use permit and are not permitted. - 19 - Item IV-G.l.c. PUBLIC HEARING PLA14NING IT-111, # 28814 (Continued) 4. The utilization of best management practices for controlli.,ig stormwater runoff iihich are reasonably applicable to the development of the site. 5. App@@icant shall comply with rendering presented to City Council on February 8, 1988. (Said rendering is hereby made a part of the proceedings.) 6. Limit aid not to exceed 240 boats stacking four h-@--gh. 7. Height of facility shall be limited Lo thirty-eight (38') feet. 8. Exterior/roof riaterial of coriposition shingle over office and ietal over boat storage area. Exte-ior shall be i,@i accordance with the rendering and as attractive as possible. 9. Stucco-type material on exterior of boat buildin.@. 10. Lights shall be approximately tiielve (121) feet in height along the fence and face inward. 11. There sliall be seasonal hours of operation, daylight hours with no forklift activity prior to 7:00 A.@l. and after 9:00 P.M. 12. There shall be no Junkyard Dogs. 13. -here shall be no external loud-speaker systems. This Ordinance shall be effective upon the date of adoption. Adop@led by the Council of tlie City of Virginia Beach, Virginia, on the Eighth day of February Hineteen Hundred and Eighty-eight. Voting: 8-3 Council @,,embers Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf and Johi-i L. Perry Council Menbers Voti-'.Ig '@ay: Barbara @l. ilenley," Reba S. McClanan and @,Tancy K. Parker Council Members Absent: None *Verbal Nay A I I i I I r @ I -i, , I - I i , , I @l I I i - 20 - Item IV-G.l.d. PUBLIC HEARING PLANNING ITEM # 28815 Bucky Pryor, 2409 Runiers Way, Phone: 491-5257, Manager of the Virginia Beach Office of VIRGINIA ELECTRIC AND POIFER COMPATU, represented Virginia Power. The building of the substation should be commenced in May, hopefully to have in service by September. Upon motion by Councilwoman McClanan, seconded b,, Council@.lan Perry, City Council ADOPTED an Ordinance upon application ol- VIRGINIA ELECTRIC AND POWER COMPANY for a Conditional Use Permit: OIZDINANCE UPON APPLICATION OF VIRGINIA ELECTRIC AND POI,IER COMPA,,Y FOR A CONDITIONiL USE PETUIIIT R02881114 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIIIIA Ordinance upon application of Virginia Electric and Power Corqpany for a Conditional Use @ermit for a public utility transformer station on certain property located on the east side of Tondon Bridge Road at the iitersectio-,i with London Bridge Road (Relocated). Said parcel contains 8.3 acres. Plats with more detailed informatioi are available in the Department of Planning. PRINCESS ANNE BOROUGH. e following conditions shali be required: @h 1. A variable width drainage easenent is required along all najor outfall systems traversing this si@@e or along the perimeter of the site. 2. The substation shall be surrounded by a wall, solid, except for en"rances and exits; and, il@ a fence is used, screening hedge of thirty or riore feet In 'qeight consisting of appropriate categorica.1 plantings. 3. Retention of as many existing on-site trees as possible. Ci@@v will not require rei,.oval of any trees not iiecessary. 4. Leave corner treed on -@e-,porary area with a ten foot (101) buffer of existing trees around the perimetei, of the property on those portions adjacent to established homeo on the northwestern and northe,@stern side of the property. 5. Bufferin.@ shall also be installed along London Bridge Poad. 6. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the developrient of the site and in keeping witli reco.,7-mendati-ons for the Droposed Back Bay/T!orth Landing River Mana.@ement District. -,his Ordinance shall be el@fective upon @'he date of adoption. Adopted by the Council of the City of Virgiiiia Beach, Virgi-nia, on the Eightli day of February Nineteen Hundred and Eighty-eight. - 21 - Item IV-G.l.d. PUBLIC HEARING ITEiv, # 28815 (Continued) PLANNING Councilwon.an I,!cClanan requested the temporary road across the section between London Bridge ioad and New London Bridge Road be poslponed; thereby the corner of this tenporary area could remain treed. Councilwoman Parker DISCLOSED she holds VEPCO stock, DOMINION SHARES, witliin her children's Co@llege Fund. She did not own 3%. Councilman Moss advised he also oiTns VEPCO stock, but not a controll-@Ing interest. Voting: 11-0 Council Merlbers Votin., Aye: Albert W. Balko, John A. Baui.,-, Robert E. Fentress, Harol@d Hei-schober, Barbara 14. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. @,loss, Vice Mayor tievera -@. Oberndorf, Nancy K. Parker and John L. Perry Council Me,-,ibers Voting llay: ,Yione Council Men!bers Absent: 1,@'one - 22 - Item IV--U.l.e. PUBLIC HEARING ITEM @t 28816 PLAI,INING G. W. Bill Butler, 5084 Harvest Court, Phone: 467-3256, Chairman of the of the Planning Conimittee of KEIIPSVILLE CHAPEL, represented the church. Joseph ',,,atthew Stareevich, 604 Rudyard Lane, spoke in favor of the applicat'@on Upon motion by Council,-,ian i@loss, seconded by Vice Mayor Oberndorf, City Couicil ADOPTED an Ordiiance upon applica.tion ol- KFI-IPSVILLE CHAPEL for a Conditional Use Perniit: ORDINANCE UPON APPLICATIOli OF KEMPSVILLE CHAPEL FOR A CONDITIONAL USE PERMIT FOR A CHURCH R02881115 BE IT IIEREBY ORDAINED BY THE -@OUi@CIL OF THE CITY OF VIIIGIITIA BEACH, VIRGINIA Ordinance upon application of Kempsville Chapel for a Conditional Use Permit for a church on the northeast side of Salem 'load, 94-4 feet southeast of @usbuldt Lap-e. Said parcels are located at 2230, 2234 & 2240 Salem @oad and contain 5.201 acres. Plcits with T-qore deteile,,q, information are available in the Department of Planning. KEMISVILLE BOROU-.H. The followin,. conditions shall be required: 1. Hight-o@@-@jay dedication is required along Salen-- Road to provide for a 4-1@,ie divided arterial with bikeway in accordance with the Master Street ind Ilighway Pla@,a. Approxi'@latelY 30 feet of right-of-liay dedicatio,i will be required. The exact dedication will be determined at detailed development review. 2. The two internal property lines, as eielineated on tlie submitted site plan, @Lust be v@icated in order for the on-site parking requirements to be met. 3. The two residences existing on site shall be used only for church activities and not for residential purposes. The two structures shall be renoved following the second pliase of construction o,' the church facilities. 4. The utili7,ation of best management practices for controlling stormwater runoff which are reasonably applicable to the developnient of the site and in keeping with the recoiimendations for the proposed Back Day/North Landin@. River @@iangelent District. 5. Category II screening, in accordalice with the - Draft Landscaping, Screening and Buffering Specifications and StL,,nderds Septer@iber 1987 shall be installed along all boundary lines abutting residentially zoned prooerties. This Ordinance shall be ef@lective i),pon the date of adop@lion. Adopted by the Council of tlie City of Virginia Beach, Virginia., on the Eighth day of February ilineteen @'jundred and Eighty-eight. - 23 - Item IV-G.I.e. PUBLIC HEARING PLANNING ITEM # 28816 (Continued) Vot-@ng: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 24 - Item IV-G.l.f. PUBLIC HF.ARING PLANNING ITEM ! 28817 Attorney Michael A. Inman, 500 Pembroke Five Building, Phone: 490-8000. Attorney Inman advised this property is located on approxitqately 2 acres of land and advised the building was four (4) stories in height. There will be no exit or entrance on Independence Boulevard. There will be a circular driveway entering off of Honeygrove Road. There would be approximately 102 employees and result in a payroll of approximately $1.6-MILLION with a $42,700 real estate tax. The private rooms are 149.5 square feet. The semi-private rooms are 176 square feet. Janice Wilbourne Dunleavy, Fralin and Waldron, Inc., 2917 Penn Forest Boulevard, S.W., Roanoke, Virginia,Phone: (703) 774-4415, advised the total square footage was 62,000. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED Ordinances upon application of FRALIN AND WALDRON, INC. for a Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF FRALIN AND liALDRON, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATIOIIT FROM B-2 TO 0-1 Z02881197 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Fralin and Waldron, Inc. for a Change of Zoning District Classification from B-2 Community-Business District to 0-1 Office District on certain property located at the northeast corner of Independence Boulevard and Honeygrove Road. Said parcel contains 2.05 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF RRALIN AND WALDRON, INC. FOR A CONDITONAL USE PERMIT FOR A 180-BED I,TURSING HOME R02881116 BE IT HEREBY ORDAINFD BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Fralin and Waldron, Inc. for a Conditional Use Permit for a 180-bed nursing home on certain property located at the northeast corner of Independence Boulevard and Honeygrove Road. Said parcel contains 2.05 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. - 25 - Item IV-G.l.e. PUBLIC HEARING PLANIIING ITEM /,' 23817 (Continued) The following condition should be required prior to the chang-@Ing of the official zoning i-aaps: 1. Ii variable width right-of-way dedication along Independence Boulevard to provide for an 8-lane divided highway with bikeway as per tlie Master Street and Hi-ghway Plan. Approxiqetely 12 feet of right-o@l-way dedica-@ion is requi-red. The exact dedicati.on will be determined during detailed developinent review. "@he following conditions shall be required at the tiriie of development: 1. Automatic sprinkler and fire alerm system meeting the ,.pproval of the City's Fi-re Protection Engineer. 2. The utilization ol- best m,,.nagement practices for controlling stormwater ruiioff iihich are reasonably applicable to t@ie development of the site. 3. All li-ghtin.@ sh,@ll be directed toward the in-uerio, o@- the site. 4. Developr.,ient s',aall be in co,,npliance with the site plan rendering presented to City Council on February 8, 1988. 5. Addi-'@-@@onal screening shall be provided Rlon.@ the eastern propert,,, l-'Ine. T'lis Ordinance shall be effective ul.Do.'l @'he date of adoption. Adopted by the Council of the City of Vi-rginia Beach, Vir.@inia, on the Eighth day of Februar-v llineteen iundred and Eighty-eight. Votiilg: 11-0 Council Meribers Voting Aye: Albert W. Balko, John A. Baum, @@obert E. Pentress, Harold ileischober, Barbara ill. Henle,,, flayor Rob@-rt G. Joiies, Reba S. @4cClanen, John D. Moss, Vice Mayor '@leyera E. Oberndorf, flancy X. Parker and John L. Perry Council Members Voting Nay: None Council fierqbers Abseit: i'Tone 26 - Iteni IV-C-.. 1 PUBLIC HFKRING ITE@I i"' 28818 PLANIIING Upon motion by Coiincil,@nan Perry, seconded by Councilman Baula, City Council DEFERRED until the Cit,, Council @4eating of February 29, 1988, RECONSIDERATION of a Condition in the application ol- B & L AUTO BODY, ING., T/A B & L TOWIIIG SEP,VICE OF VIRIGNIA for a Conditional Use Permit (Adopted on December 7, 1987). ORDINANCE UPO'@I APPLICATION OF B & L AUTO BODY, IMC. T/A B & L TOWING SERVICE OF VIRGINTA FOR A COIIDITIOY,AL USE P PI@TT FOR P@ BULK STORAGE YA,@D iOl2871095 Ordinance upon application of B & L Auto Body, Inc., T/A B L Towing Service of Virginia for a Conditional Use Per-mit for a bulk storage yard at the northeast corner of Southern Boulevard aiid Dorset Avenue. Said parcel is located at 120 Dorset Avenue and contaiiis 2.409 acres. Parts with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The applicant is requesting the WAIVER of the 3-foot dedication of right-of-way along Euclid Road to provide for an ul@liia@le four lane undivided roadway. The DEFERRAL will enable the applicaiit to be NOTIFIED and be in attendance. The City @lanager will- investi.@ate as to w@iether the a,,oplicant is curreiltly operating the bulk storage yard. Voti-ng: 9-2 Council iviembers Voting A,,,e: Albert W. Balko, John A. Baun, l@obert E. Fentress, Harold Heischober, Barbara 1,1. Henley, @iai,or -iobert G. Jo,ies, Reba S. McClanan, Vice iliayor ',,4eyera E. Oberndorf and Johi L. Perry Council Members Voting Nay: John D. Moss and Nancy K. Pari[er Council MeDbers Absent; !,lone - 27 - Item IV-G.l.h. PUBLIC HEARING ITF14 # 28819 PLAN14ING Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council ADOPTED: Application of the City of Virginia Beach, Virginia, to amend and reordain the Master Street and Highway Plan pertaining to Rosemont Road at its southern extremity, including its proposed intersection with Holland Road, and including tlie proposal to connect Holland Road and Princess Anne Road with a 4-lane collector street at that point. More detailed information is available in the Department of Planning. It was suggested that "Creek River Drive" may be more appropriately named. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 28 - Iteri IV-F@. 1 RESOLUTIONS TTE!4 i" 28820 Attorney Barry Koch, Caton & Xoc@, represented the Virginia Beach Lifesaving Service, and spoke in support of a single fre@nchise area (ALTERNATE A). Kent Hinnant, 1794 Arctic Avenue, Phoiae: 422-3341, represented Virgi-ni-a Beach Lifesaving Service and sdoke in support of a single @-ranchise area (ALTER14ATE A). Kent Hinnant advise@ he participated in a ,Dre Bidders Coilference and he was the only one who voiced concern. He submi@lied i bid on Jayiuary 19, 1988 and sarie was returned to hiri U'.Iopened. Two additional Alter-,iates iiere distributed to City Council, Alternate C and Alternate Cl. In Alternate C, the applicent could bid on the entire franchise area and not be required to subriiit a proposal for each of -,he two separate franchises areas. In Alternate Cl, three (3) bids Lqust be subaitted if the applicant wishes to submit a proposal for the entire franchise area. Pro-,Dosals for each of the Lwo separate franchise areas must also be submitted. A MOTION was ,nade by Councilman Fentress, seconded by Councilrian Heischober @uo ADOPT ALTER14TE C: A Resolution authorizing the City of Virginia Beach to advertise three (3) requests for proposal, one for one franchise to use that portion of the Public Beach adjacent to the Atlantic Ocean which includes Fort Story, the Resort Area frorfi tlie Rudee Inle@, Je@lty to Fortieth Street, Croatan and Camp Pendleton and one each for two separate franchises to use those portions of "he Public Beach adjacent to the Atlantic Ocean which include (1) Fort Story and the 'Iesort Area from Fortieth Street to Tweitieth and One-Half Street, and (2) The qesort Area frora Ti@ienti-eth and One-Half street to the Rudee Inlet Jetty, Croatan and Camp Pendleton, for the purpose of conducting ce-tain beach equi-pment rental operations in consideration for the provision of lifeguard and other services alo--ag the ocean,@ront ond for such other good and valuable consideration as they City and- the prospective Grantee(s) -may agree upon. A SUBSTITUTE @IOTION was made by Councilr@,-an Moss, seconded by Councilwoman Henlev to ADOPT ALTERNATE Cl: A Resolution authorizing the -ity of Virginia Beach to advertise three (3) requests for proposal, one for one franchise to use that portior of the Public Beach adjacent to the Atlantic Ocean which includes Fort Story, the Resort Area froci the '.iudee Inlet Jetty to .4'ortieth Street, Croatan and Can-p Pendleton and one each for two separate franchises @@o use those portions of the Publ-'@c Beacli adjacent to the Atlantic Ocean @Tiiicll include (1) Fort Story and. the iesort Area fro@l Fortieth Stree@@ to TwentieLli a,id One-Ilalf Street, and (2) The @iesort Area for Twentieth and One-Half street to the Rudee Inlet Jetty, Croatan and -lai!ip Pendleton, for the purpose of conducting certain beach equip,@ent rental operations in consideratio- for the provision of lifeguard and other services along the oce,@nfront and for such other good and valuable consideral@ion as they Ci-ty and the prospective Grantee(s) ,iay agree upon with the condition that any offeror who submits a prooosal for the one entire franchise area -iust also submit proposals for each of the two separate @-ranchise areas. - 29 - Item IV-H.I. RESOLUTIONS ITMM # 28820 (Continued) Voting: 4-7 (MOTION FAILED DUE TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley, Mayor John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan and John L. Perry Council Members Absent: None - 30 - Iterq IV-H.1 . RESOLUTIONS ITEI@I # 28320 (Continued) Upon riotion by Councilrian D'entress, seconded by Councilllan lieischober, City Council ADOPTED ALTERNATE C: A Resolution authorizing the City of Virgiiiia Beach to advertise three (3) requests for proposal, one for one franchise to use that portion of the Public Beach adjacent to the Atlantic Ocean vihich includes Fort Story, the Resort Area frol.1 the 'Rudee Inlet Jetty to Fortieth Street, Croatan a-@id Caip Pendleton and one each for two separate franchises to use tliose portio-,is of the Public Beach adjacent to the Atlantic Ocean whi.ch include (1) Fort Story and the Resort lirea from @'ortieth Street to Twentieth and One-Half Street, and (2) The Resort A-ea froir, 'wentieth and One-ifalf s@ureet to the Rudee Inlet Jetty, Croa@ua'.l and Camp Pendle@lon, for the purpose of conducting certain beach equipment r-ntal operations in consideration for the provision of life-,uard and other services alon.@ the oceanfront and for such other good and valuable consideration as the Ci-ty and the prospective Grantee(s) rqay agree upon. Voting: 6-5 Council Meribers Votin.@ Aye: Albert W. Balko, John A. Baun., Robe-@U E. Fentress, Harold Heischober, i,layor Robert G. Jones aild @@,eba S. ?4cClanan Council Meribers Voting @@qay: Barbara M. lienley, Mayor John D. Moss, Vice Mayor leyera E. Oberndorf, l@ancy K. Parlier and John L. 11 Perry Council i%iembers Absent: lone ,l Alternate C I A RESOLUTION AUTHORIZING THE CITY OF VIRGINIA 2 BEACH TO ADVERTISE THREE REQUESTS FOR 3 PROPOSAL, ONE FOR ONE FRANCHISE TO USE THAT 4 PORTION OF THE PUBLIC BEACH ADJACENT TO THE 5 ATLANTIC OCEAN WHICH INCLUDES FORT STORY, THE 6 RESORT AREA FROM THE RUDEE INLET JETTY TO 7 FORTIETH STREET, CROATAN AND CAMP PENDLETON, 8 AND ONE EACH FOR TWO SEPARATE FRANCHISES TO 9 USE THOSE PORTIONS OF THE PUBLIC BEACH 10 ADJACENT TO THE ATLANTIC OCEAN WHICH INCLUDE 11 1) FORT STORY, AND THE RESORT AREA FROM 12 FORTIETH STREET TO TWENTIETH AND ONE-HALF 13 STREET, AND 2) THE RESORT AREA FROM TWENTIETH 14 AND ONE-HALF STREET TO THE RUDEE INLET JETTY, 15 CROATAN AND CAMP PENDLETON, FOR THE PURPOSE 16 OF CONDUCTING CERTAIN BEACH EQUIPMENT RENTAL 17 OPERATIONS IN CONSIDERATION FOR THE PROVISION 18 OF LIFEGUARD AND OTHER SERVICES ALONG THE 19 OCEANFRONT, AND FOR SUCH OTHER GOOD AND 20 VALUABLE CONSIDERATION AS THE CITY AND THE 21 PROSPECTIVE GRANTEE(S) MAY AGREE UPON 22 23 WHEREAS, the City makes every effort to ensure the safety of 24 citizens and visitors who use its most vital natural resources, 25 the Atlantic Ocean and adjacent beaches; and 26 WHEREAS, the City has determined that the provision of 27 lifeguard services along certain portions of the oceanfront will 28 substantially contribute to that effort; and 29 WHEREAS, the City has determined that, at this time, 30 lifeguard services can be provided more effectively and 31 efficiently by an independent party with experience in lifeguard 32 operations; and 33 WHEREAS, in consideration for the provision of services, and 34 for such other good and valuable consideration as the City and 35 the prospective grantee(s) may agree upon, the City intends to 36 grant a franchise(s) to use those portions of the public beach 37 adjacent to the oceanfront for the purpose of conducting certain 38 beach equipment rental operations; and 39 WHEREAS, the City has further determined that the 40 advertisement of three (3) Requests for Proposal will promote the 41 interests of the City in procuring the best possible lifeguard 42 services at the oceanfront. 43 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH, VIRGINIA: 45 That the City of Virginia Beach is hereby authorized to 46 advertise three Requests for Proposal, one for one franchise to 47 use that portion of the public beach adjacent to the Atlantic 48 ocean which includes Fort Story, the Resort Area from the Rudee 49 Inlet Jetty to Fortieth Street, Croatan and Camp Pendleton, and 50 one each for two separate franchises to use those portions of the 51 public beach adjacent to the Atlantic Ocean which include 1) Fort 52 Story, and the Resort Area from Fortieth Street to Twentieth and 53 One-Half Street, and 2) the Resort Area from Twentieth and One- 54 Half Street to the Rudee Inlet Jetty, Croatan and Camp 55 Pendleton, for the purpose of conducting certain beach equipment 56 rental operations in consideration for the provision of lifeguard 57 and other services along the oceanfront, and for such other good 58 and valuable consideration as the City and the prospective 59 grantee(s) may agree upon. 60 Adopted by the Council of the City of Virginia Beach, 61 Virginia, on the 8 day of February 1988. 62 63 64 RMB/dga/epm 65 \ordin\noncode\31ifgrd.res 66 02/05/88 - 31 - Item IV-H.2. RESOLUTION ITE14 # 28821 Upon motion by Councilwoman Parker, seconded by Councilman Baum, City Council ADOPTED, AS REVISED. Resolution of the Council of the City of Virginia Beach, Virginia, opposing House Bill 1075 as originally submitted to the Committee on Conservation and Natural Resources for construction of bulkheads at Sa,.qdbrid.@e. Counclwoman Parker distributed a revised revision containing reference to the modification of House Bill 1383 in the 1987 General Assembly. Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McCleLnan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Robert E. Fentr--ss, Harold Heischober and John L. Perry Council Members Absent: None Requested by Councilwoman Nancy K. Parker 1 A RESOLUTION OF THE COUNCIL 2 OF THE CITY OF VIRGINIA BEACH, VIRGINIA 3 OPPOSING HOUSE BILL 1075 4 AS ORIGINALLY SUBMITTED TO THE 5 COMMITTEE ON CONSERVATTON AND NATURAL RESOURCES 6 7 8 WHEREAS, House Bill 1075 was submitted to the Committee 9 on Conservation and Natural Resources on January 26, 1988; and 10 WHEREAS, the passage of this legislation would take 11 away the requirement in the Coastal Primary Sand Dune Act that 12 prior to undertaking construction of bulkheads at Sandbridge, 13 adjacent owners on both sides of the applicant proposing to build 14 a bulkhead must consent to the proposed construction thereof; and 15 WHEREAS, in the 1987 General Assembly, House Bill 1383, 16 allowing the construction of bulkheads at Sandbridge, which was 17 opposed by the Council of the City of Virginia Beach, was 18 modified to ensure that adjacent property owners must consent to 19 the construction of the bulkheads; and 20 WHEREAS, the passage of House Bill 1075 may allow for 21 the indiscriminate construction of bulkheads in Sandbridge; and 22 WHEREAS, the creation of these structures has been 23 reviewed by the Virginia Beach Wetlands Board, the Virginia 24 Marine Resources Commission, and others, and has been found to 25 increase erosion and to diminish the natural sand replenishment 26 process to the beaches; and 27 WHEREAS, adjacent property owners without bulkheads on 28 either side of a proposed bulkhead at Sandbridge may incur 29 substantial damage to their dwellings and substantial erosion to 30 their property due to deflected wave energy. 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 32 CTTY OF VIRGINIA BEACH, VIRGINIA: 33 THAT the Council of the City of Virginia Beach, Virginia 34 opposes House Bill 1075 and respectfully requests the Committee 35 on Conservation and Natural Resources and the General Assembly of 36 Virginia to defeat said Bill for the reasons set forth above. 37 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia on the 8 day of February, 1988. 40 41 DSH:sam 42 02/01//88 43 02/08/88 44 Bulkheads/res 2 - 32 - Iteri IV--.1.3. RESOLUTIONS ITEM ?;' 28822 Jerry Bocrie, 2308 @,aple Street, Cape Story by the Sea, Phone: 481-5090, Director of the SHA14ROCK I-IARATHON, spoke in favor of tlie Resolution. Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City Council ADOPTED: Resolution requesting the Virgillia Division of Parks and iecreation of the Department of Conservation and Historical ?,esources to perrii-u the Citv ol- Virginia Beach to extend the Marathon Course for the Shamrock Marathon throtigh a portion ol- Seashore State Park. Voting: 8-2 Council ller2bers Voting Aye: Albert W. Balko, ?.obert E. Fenlress,Barbara M. Henley, @,iayor Robert G. Jones, Reba S. iicclanan, Vice Ilayor @leyera '@". Oberndorl-, i,Tancy K. @arker and Jolin L. Perry Council Members Voting Zay: John A. Bau@i and John D. Moss louncil Meibers Absert: flarold Ileischober I RESOLUTION REQUESTING THE VIRGINIA DIVISION 2 OF PARKS AND RECREATION OF THE DEPARTMENT OF 3 CONSERVATION AND HISTORICAL RESOURCES TO 4 PERMIT THE CITY OF VIRGINIA BEACH TO EXTEND 5 THE MARATHON COURSE FOR THE SHAMROCK MARATHON 6 THROUGH A PORTION OF SEASHORE STATE PARK 7 8 9 WHEREAS, the annual Shamrock Marathon has been run 10 through a portion of Seashore Stat, Park which is not banned to 11 the public; and 12 WHEREAS, the City of Virginia Beach lould like to 13 continue to have the course for the Shamrock Marathon extended 14 through that same portion of Seashore State Park which has been 15 utilized for said purposes. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 17 CITY OF VIRGINIA BEACH: 18 THAT, the City of Virginia Beach respectfully requests 19 the Virginia Division of Parks nd Recreation of the Department 20 of Conservation and Historical Resources to permit the City of 21 Virginia Beach to extend the course for the 16th Annual Shamrock 22 Marathon through that portion of Seashore State Park which has 23 been utilized in the past. 24 BE IT FURTHER RESOLVED that the City Clerk is directed 25 to forward a copy of this Resolution to the Virginia Division of 26 Parks and Recreation of the Department of Conservation and 27 Historical Resources. 28 Adopted by the Council of the City of Virginia Beach on the 298 day of February 1988. 30 31 32 33 34 DSH/ih 35 1/29/88 36 NONCODE\Marathon.res - 33 - Item IV-I. CONSENT AGENDA ITE24 # 28823 Upon motion by Councilman Fentress, 3econded by Councilman Balko, City Council APPROVED in ONE MOTION Items 1, 2 and 3 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting 1,Tay: None Council Members Absent: None - 34 - Item IV-I.I. CONSENT AGENDA ITEi4 # 28824 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to Transfer $235,000 to Project #3-977 to allow for the Development Design Phase of the Judicial Center. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $235,000 TO PROJECT #3-977 JUDICIAL CENTER TO ALLOW FOR THE DEVELOPMENT DESIGN PHASE WHEREAS, on July 6, 1987 City Council authorized the schematic design phase of the Judicial Center Project (#3-977), and WHEREAS, the schematic design phase has been completed with the next phase being design development, and WHEREAS, in conformance with Council's desire to find a funding source for the project, the Supreme Court of Virginia has approved an increase in the pre-paid fine schedule effective July 1, 1988 with the accumulated new revenues to be used to fund tbe remaining architectural work on tbe Judicial Center Project, and WHERFAS, in order to prevent a delay in the construction schedule it will be necessary to provide tbe $235,000 needed for design development through the transfer of funds from project #3-942 Fire Station No. I - North End since that project presently has little activity, and WHERF-AS, funds transferred from project #3-942 will be replaced once additional revenues from increased pre-paid find schedules are received. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $235,000 are hereby transferred from project 3-942 Fire Station No. 1 - North End to project 3-977 Judicial Center to allow for the development design pbase. This ordinance shall be effective from the date of its adoption. Adopted by the Council of tbe City of Virginia Beach, Virginia on the 8 day of February 1988. AS -@ 0 COilkTENT SIC@4AT@'@E - 35 - Item IV-I.2. CONSENT AGENDA ITEM # 28825 Upon motion by @louncilman Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to approve a new Attorney I position for the Commonwealth's Attorney. Dean Block, Assistant City Manager for Analysis and Evaluation, advised Councilwoman Parker the Chief Deputy Commonealth's Attorney position is being eliminated and two Attorney positions will be substituted. Voting: 11-0 Council Members Voting Ave: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice llayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO APPROVE A NEW ATTORNEY POSITION FOR THE COMMONWEALTH'S ATTORNEY WHEREAS, the Commonwealth's Attorney has requested an additional Attorney I position of the Compensation Board to address a growing caseload, and WHEREAS, the State Compensation Board has approved a new position of Attorney I, effective February 1, 1988, and WHEREAS, the funding for the position is available in the FY 1987-1988 operating budget as the result of vacancies in existing positions, and no transfers are necessary. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that a new Attorney I position be approved in the Commonwealth's Attorney office (06020) effective February 1, 1988. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the 8 day of February 1988. Cr,,@iT[f T T 0 - 36 - Item IV-I.3. CONSENT AGENDA ITE14 # 28826 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council APPROVED: LOW BID to East Coast Pipe, Ltd. in the amount of $440,768-50 for FY 1987/88 - 1991/92 Water Utility Capital Improvement Program for the Wolfsnare Plantation area, 51% Participation, CIP 5-009. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 37 - Item IV-J.1. UNFINISIIED BUSINESS ITEi@l # 28827 ADD-ON Vice Mayor Oberndorf referenced the safety of Convenience Store Employees and advised she had been in contact with the City A-Itorney and the Chief ol- Police as well as the Chairman of the Convenience Store Safety Committee. The City Atto-ney has goyle to Washington, D.C. to further research the *Issue. The Police Chiefs regionally are oing to address the probler-q wi@@h t',Ie City Attorneys regionally. Gainesville, Florida, has instituted an excellent procedure for handling t'.ae safety of people eiiployed in the Conveneince Stores. !Ars. Venable, Chairiqan of the Conven@lence Store Safety Con-,Iittee, woricing with all the ,rea police chiefs will be inviting bhe Police Chief of Ga,@nesville to Virginia to inforp.,. the City of this procedure. Councilman Ileischober will assist the Vice Mayor in the drafting o@@ a Resoltuion bir the City Attorney. Said Ftesolution shall be SCHEDULED -or the City Council ileeting of Feburary 22, 10,88. - 38 - Item IV-J-3- UNFINISHED BUSINESS ITEM # 28828 ADD-ON BY CONSENSUS, City Council SCHEDULED for the City Council Meeting of February 22, 1988, CLARIFICATION of Condition No. 5 in the Applications of OLD DONATION FARM PARTNERSHIP for Varinces to Section 4.1(b) (1), Section 4.4(b), Section 5.2, and a Conditional Use Permit for open space promotion (APPROVED by City Cuncil on June 1, 1987.) Condition No. 5: Pembroke Boulevard shall be extended but not used until and unless the private road is declared structurally sound by the City Engineer. Cost of repair to be born by the developer. In addition, an adequate foot bridge shall be added to the private road for the safety and convenience of pedestrians and bicycles. This CLARIFICATION has been requested by City Staff. - 39 - IteD IV-K.l. Nbli BUSINESS IT@-@', ," 28829 Mayor Robert G. Jo,,ies sponsored comments relative the status of projects in @@he TARGET AREA. Alice Green, Chairman of the Citizens Advisory Comnittee, reitereted concerns relative tlie ditches in Gracetown and Reedtoijn. The CAC unani-mously recommended that all TARGET AREAS be provided with public ir!iproverients: underground drainage systen-s a-,id right-of-way iriprovements. City Funds should be utilized vihen Community Developient Block Grants are not available. Alice Greeii advised representatives froiii Gracetown, Queen City, Seatack, Reedtown, Burton Station and @iewsome Farms were in attendance. Reedtown has still only one-way in through Sir John Lane. Issac Herbert, represented Burton Station, refereiiced in the latter part of 1979, the City advised a study would be prepared relative the Burton Stattion area. Ti-m Barrow and Associates developed an alterpative and -,oresented same to the Plaiining CoT.,.riission and City Council. The Burton Station area is still standing still. '@Ubie Driver, represented -.racetown, and advise-,' the construction staff had exte-.qded the ditches deeper. Smokey Lane has been closed; thereby leaving only one exit fro,,n Gracetow-.q. 'he CiLy Engineers had advised they were closin@ same for tlie healtii and protect-*@on ol- the citizens. The completion date for Gracetovpi was supposed to be February. I-, is now set for Apr@@l. Ernest Benson, r--oresented Queen City, and referenced the depth of the swale ditches in Gracetown and the danger and health hazards involved. @hese ditches will only be cleaned out approxi-mately every 1-ive years. Over $3-!,IILLION has been allocated. for Queen City. Queen City is looking "ori.,ard to curbsto,,ies and guttering as well as sidewalks. Ernest Benson request--d funds fro,,n surplus noney be utilized '@o alleviate the conditions of all of these cohimunities. Sadye Shaw, -epresented i'Tei;soEie Farms, and advised for approximately 20 years liewsome Farms had been requesting lighting iri t@ieir area. Thirty lights were provided aupproximately 12 years ago. About two years ago, two nore lights were provided. The longer Newso,.i,,e Farms waits, the nore land speculators are viewing this com..munity. Since -,\Iewsome Farms has been involved in Comr.,iulity Development, thirteen (13) houses have been @.orn down, no@@ necessarily by Conimunity Developi@ient but soie by Mother iTature. However, fro@i,. those homes the Comi,nunity only has two hoines that have been replaced for l@iewsome Farris' residents. There are houses but those were built a@,id sold to anybody w@o could purchase same. The residents end c',aidren of !Tewsorie Farms residents as well as the residents of other TARGET AREAS who have not been able to purchase houses should be the ones able to first purchase the hoines built. Reverend Charles E. Williams, represented Seatack, requested the City Council ADOPT the recoyimendation approved by the Citizens Advisory Cor.Eittee. aeverend Williams did not want unattractive, Luisafe swales in the Comnunity. There are two blind reside-,its on Ilug',Ies Avenue. Mary E. Smith, represented "@eedtown, afid was concerned with the utilization of Sir. John 7'ane. A street is needed leading from Wishart Road to join onto Olci Reedto,,,ni Road so the residents will not @iave to travel through Sir John Lane. 17iayor Jones advised the City kiane,.@er had indicated he would make @- special effor-@ for fuyids to be instilled in the upcoming CAPITAL IMPROV124ENTS PROGRAM to complete -Uhe TARGET AREA projects. Councilwoman Henley also requested identification of all areas in the City that lack related public improvements. ouncilman Perry adv4-sed Burton Station was in the CIP for 1978 and one of the I fi-rst TARGET ARFAS given funds by the Federal Government to the City. Burton Station "s still in the CIP with virtually nothing accomplished. These improveinen@@s should be writte,l in GRANITE. - 40 - Item IV-K.2. NEW BUSINESS ITEM # 28830 ADD-ON Upon motion by Counclman Moss, seco,-ided by Councilman Baum, City Council ADOPTED: Alternate 3: A Resolution to Adopt the Evaluation of the Mosquito Control Program and to Establish Mosquito Control in the Department of Public Works. Ordinances to amend and reordain the appropriate sections of the City Code shall be scheduled for the City Council Meeting of February 29, 1988. Councilman Heischober advised there will no job displacement as a result of City Council Action. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent: None ALTERNATIVE 3 A RESOLUTION TO ADOPT TIIE EVALUA'RION OF THE MOSQUITO CONTROL PROGRAM AND TO ESTABLISH MOSQUITO CONTROL IN TliE DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Virginia Beach wishes to pro@ide for its citizens and visitors a comfortable environment in which to reside and enjoy the natural resources by controlling the mosq.ito population, and WHEREAS, the City has established three separate Mosquito Control Districts, and has, by appointment, p,o,ided leadership through Mosquito Control Commissioners, and WHEREAS, in a continuing effort Lo provide mosq.ito control by the most effective, efficient, and economical means as possible, an evaluation of the current mosquito controi program has been performed by the Office of B.dget and Evaluation, and presented to City Co.ncil. NOW, THEREFORE, B-- IT RESOLVED BY 'FHE COUNCIL OF THE CI'FY OF VIRGINIA BEACH, VIRCINIA, that the Eval.aLion ReporL of Lhe City of Virginia Beach Mosq.iLo Control Program, incl.,iing the procedural and policy recommendations therein, be adopted, and BE IT FURTHER RESOLVED, that the three mosq.ito control districts be abolished, and the mos@l.ito control program be established in the Department of Public Works and direct the City Manager to institute whatever administrative controls are deemed necessary Lo accomplish Lhis action, and BE IT FURTHER RESOLVED, that the City Manager and the City Attorney prepare any and all ordinances to amend and reordain the app@opriate sections of the City Code which shall be req.ired to accomplish the above, and BE IT FURTHER RESOLVED, that effecti,e ith the adoption of this resolution, no acant positions shall be filled, no promotions or reclassifications shall be implemented, and no additional capital equipment shall be acquired by any of the three Mosquito Control Commissions, nless requested in writing of, and approved in writing from, the City Manager. Adopted this 8th day of Febr.ary, 1988, by the Co.ncil of the City Virginia Beach, Virginia. - 41 - Item IV-K-3- ADD-ON NEW BUSINESS ITEM # 28831 Couiicili.qan John A. Baum advised he forwarded a letter on February 6, 1938 ANNOUNCING he i;ill not be a candidate for the BLACKWATER BOROUGH COUNCIL seat in 1988. "Dear Friends, To assist Blackwater residents prior @uo the March Eight filing for Virginia Beach City Council, I wish to inform you that I will not be a candidate for reelection. Let me discuss one of the major reasons for that decision that may be helpful to prospective candi-dates. Since 1972, the strong trend is that the job has become full time (with very irregular hours) for a $15,000 annual salp-ry without retirement benefits (except for Social Security). In addition to sometimes marathon Monday meetings, Council workshops, public hearings, etc., the amouiat of written material has reached unmanageable propor-lions (without any office expense allowance). I usually spend 20 plus hours per week by not attending T@lost functions (days, nights and weekends) that Council 14embers are invited to, a.'Id by never answering any @rritteii correspondence! That is not advisable for anyone who wishes to succeed in politics. (Also, most politicians install an additional unl'@sted telephone, or an answeri-ng nachine to provide some family privacy.) Even with the above restrictions, farming is riade very difficult in busy seasons subject to variable weather conditions. Springtime is also a 'Deak Council work period ,nade worse in elect*@ons years, as incumbents and challengers grandstand for "freell media attention. Public service can be very worthwhile, and I appreciate the support I have received the past 16 years. Blackwater residents have been especially supportive, and I hope my services have been generally positive for our city. Sincerely, s/John A. Baum Council 14ember Blaclzwater Borough" 42 - Item IV-K.4. RECESS INTO EXECUTIVE SESSION ITEM 1-@' 28832 In accordance witli Section 2.1-344, Code of Virginia as amended, and upon motion by Councilman Baum, seconded by Councilman Heischober, City Council RECESSED into EXECUTIVE SESSION for discussion of PUBLICLY HELD PROPERTY, after wlaich to RECONVENE and ADJOURN (5:30 P.M.) 1. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property -or 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. Voting: 11-0* Council Members Voting Ave: Albert li. Balko, John A. Baum, Robert E. Fentress, liarold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Perker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - 43 - Item IV-K-5 ITEM # 28833 Mayor Robert G. Jones RECONVENED the FOR14AL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, February 8, 1988 at 6:16 P.m. - 44 - Item IV-K.6 NEW BUSINESS ADD-ON ITEM # 28834 A MOTION was made by Councilwoman McClanan to ADOPT a Resolution of the Council of the City of Virginia Beach, Virginia, supporting House Bill No. 1035 and requesting the Committee on Conservation and Natural Resources to Pass the Bill as originally offered. Said Motion failed for Lack of a Second. (Said Resolution is hereby made a part of the proceedings.) Requested by: Councilmember McClanan I A RESOLUTION OF THE COUNCIL OF THE 2 CITY OF THE VIRGINIA BEACH, 3 VIRGINIA, SUPPORTING HOUSE BILL NO. 4 1035 AND REQUESTING THE COMMITTEE 5 ON CONSERVATION AND NATURAL 6 RESOURCES TO PASS THE BILL AS 7 ORIGINALLY OFFERED 8 9 10 WHEREAS, House Bill No. 1035 was offered on January 26, 11 1988, by Delegates McClanan, Purkey and Tata; and 12 WHEREAS, said Bill has been referred to the Coinmittee 13 on Conservation and Natural Resources; and 14 WHEREAS, passage of said Bill will directly benefit the 15 City of Virginia Beach and the Conunonwealth of Virginia by making 16 designated areas of Camp Pendleton available for recreationai and 17 other uses by both citizens and visitors. 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 19 CITY OF VIRGINIA BEACH, VIRGINIA: 20 That the Council of the City of Virginia Beach, 21 Virginia, supports House Bill No. 1035, and respectfully requests 22 the Committee on Conservation and Natural Resources to pass House 23 Bill No. 1035 as originally offered. 24 Adopted by the Council of the city of Virginia Beach, 25 Virginia, on the day of 1988. 26 27 RMB/lmt 28 2/8/88 29 CA- 30 \noncode\HB1035.res 31 1988 SESSION Exhibit A LD0907510 I HOUSE BILL NO. 1035 2 Offered January 26, 1988 -ndieto, bv the Virgirlia 3@l f,'II.L to aiith,ri-C tile tise of certain sections of Ca'nP 4 1.)epcirtitte7it of Co,iscri,ation and Historic Resoiirces and the Virgiriia Department of 5 Ililita,i, Affair@v. 6 7 Patrons-McClanan, Purkey and Tata 8 9 Referred to the Committee on Conservation and Natural Resources 10 11 Be it enacted by the General Assembly of Virginia: 12 l@ SS 1. Notwithstanding ati@, other provi,,;ion of state la.,, the following areas of Canip 13 ilttidle,lt)ti. a state itiilitary reseri,ation corisisting of approxiinately 874 acres and located 14 it,ithiti the boiitzdarics of the Citlv of Virgiiiia Beach, @/zall be dcdicated to the dcsignated 15 16 1. 7'lie Beac,h Tr(i,,t, co,isi,51itl,, of 44 acrc,.v. niorc, or Tize Divi,@ioll of Parks and 17 c)f tlie I)c?partipietit of Cotiservation and Iii.@toric Resotirces shall be the pritnary 18 ii.,,,r @i- c@ontrollitig agetzZv for siich r@?cr,,ationcil or other purpose,-; as the Division ma-i, 19 d,,teriiiiiie. Tlie Vir@,inia Dcpartt7zerit of Milita@3,, Affairv shall have a subordinate uscr 20 ititere,t in thi.@ tra<,t. 21 1. "te Maiii Base Tract. consistitig of 259 acres. more or Ic,,5s. Tite Virginia Department 22 (,f lifilituri, Affair.5 shull be the prittiar'i, tiser or c@.ntrolling agen@v and tlie Division of 23 l@ci,ks atid Recreatioti sliall lial,e a stibordi,iate iiser ititerest in this tract. The Div,ivion's 24 @liall iricliide purl,,irig urid ingrcss cind tgrc-ss rights. Both iivers sliall cooperate to 25 ,tiliciti4c@ ci,id tlie tisa,,,(,s to ",hich the Beach 7-rac@t i,5 dcdicated. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Official Use By Clerks 45 Passed By The House of Delegates Passed By The Senate 46 without amendment El without amendment El 47 with amendment c with amendment F7 48 substitute 0 substitute 0 49 substitute w/amdt L] substitute w/amdt 0 50 51 Date: Date: 52 53 54 Clerk of the House of Delegates Clerk of the Senate I 1, , I@i i i : I @ I I@; I :1 5 ;:i@@ii I @,I - 45 - Item IV-L.l- ADJOURliMENT ITEM # 28835 Upon motion by Councilman Heischober and BY ACCLAMATION, City Council ADJOURNED the Meeting at 6:18 P.M- @- X@ Beve@ 0. iiooks- Ciiief Deputy City Clerk bert Rdth Hodges/Smith, CIIC City Clerk 4yor @'S City of Virginia Beach Virginia