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DECEMBER 14, 1987 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. JONES, A@ L.@g, VICE MAYOR MEYEPA E. OBERNDORF, A, L,,,, A@ERT W. BALKO, L,@@h.@@ B-.gh JOHN A. BAUM, B-.,h ROBER7@ E. FENTRESS, V@,gi@i@ B@,,h B,@,h HAROLD HEISCHOBER, Al L.,g, BAP,BAPA M. HENLEY, P.., @@,h REBA S. MCLANAN, P@-, A@@, @-,h JOHN D. MOSS, K@.,@ill, B,-gh NANCY K PA@ER, Al @,, JOHN L PEPRY, B.,.d, @@.gh 281 CITY HAU BUILDING MUNICIPAL CENTER A-V I WA-, J., CITY COUNCIL AGENDA VIRGINIA REACH, VIRGINIA 23@56-9002 1. - @i,, A,-, (8M) 427-4303 R- O-. @.Cl@, C,@ C@ DECEMBER 14, 1987 ITEM I. ODUNCIL CONF E SESSION - Cc)nference - 1:00 PM A. CrrY COUNCIL CCNCERNS .rrEM II. IINFOPMAL SESSION - Conference - 1:30 PM A. CALL TO ORDER - Vice Mayor @yera E. CIDerndorf B. RDLL CAM OF COUNCIL C. RSCESS TO EXECURIVE SESSION ITEt4 III. FORMAL SESSION - Council Chamber - 2:00 PM A. INVWMION: Bishop David @@ight Church of Jesus Christ of Latter Day Saints B. P@ OF ALIMIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. ADDPRION OF ITEt4S FOR THE FOR4AL AGENEA E. @S 1. INFORMAL & F'ORMAL SESSIONS - Dec@r 7, 1987 F. A"W - Crfy EMPIDYEE RAIL OF FAME Beverly 0. Hooks - City Clerk's Office F,onald S. Knowles - Department of PLiblic Wbrks Sarah V. Mitley - City Tteasurer's office G. PRESENEATION 1. Interim Financial statement: July 1, 1987 - October 31, 1987 Mr. Giles G. DDdd, Assistant City Manager for Adninistration H. PUBLIC HEARING 1. PLANNING a. Ppplication of Mitchell E. Dunbar for the discontinuance, closure and abandoment of a pc)rtion of Maynard Street beginning at the intersection of Maynard Strp-p-t and C'Ieveland Street and running in a South@sterly direction a distance of 180.01 fe-et along the Northem property line and 210.29 feet along the, ,3outhern property line, containing 6,361 square feet, (Kempsville Borough). City Council granted FINAL APPROVAL September 21, 1987; however, there has been an anendment to the property description. Peccmendation: CCNFIPMATION b. Application of Augusta C. Splegelhof for a variance to Section 4.4(d) of the Subdivision Ordinance pertaining to direct access to a public street at 224 and 226 83rd Street (Lynnhaven Borough). r,eccmendation: APPROVAL c. Application of MDtor City Associates for the discontinuance, closure and abandoment of portions of: Jer7g,ngAvenue on the @st side of I\brth @tchduck Ibad at a point 60.71 feet Nc)rth of Virginia Beach Boulevard, containing 867 feet, AND, Broad Street beginnim at the intersection with Virginia Beach Boulevard and running in an Easterly direction a distance of 240.30 feet along the Northern boundary of Broad Street, variable in width frorn 60 feet to 129.98 feet, containing 10,959 square feet. Reccmendation: APPROVAL d. Application of Hi@rd B. and Jean M. snyder for a Cbnditional Use Pennit for motor vehicle sales and rental at the Southwest corner of Virginia Beach Boulevard and Yorktown Avenue, (2865 Virginia lbach Boulevard) containing 2.56 acres (Lynnhaven Borough) FeccnTnendation: APPROVAL e. Application of (burthouse ity United I*thodist Church for a (bnditional Use Permit for a Church on the Northeast side of Pr:incess Anne Fcad beginnirxj at a point 5000 feet more or less Northwst of lbrth Landing lbad, 6.4 acres more or less (Princess Anne Borough). Recomendation: f. Application of Mrning Star Baptist Church for a (bnditional Use Peianit for a Church at the Sc)utheast intersection of Pleasure House lbad and Northampton Boulevard, containing 1.336 acres (Bayside Borough). Ibccmmendation: APPROVAL g. Application of Cene S. Meekins for a Cbnditional Use Permit for a mtor vehicles sales (expansion) at the South@st corner of Taskin PDad and Village Llrive, containirig 1.085 acres (Lynnhaven BoroLigh). Recamnendation: APPROVAL h. Application of Kinvael Autmotive, Inc., T/A Ttead Quarters for a Conditional Use Pemit for an autcincbile repair establishnent (@unting and balanci@ tires) on the North side of Virginia Beach Boulevard, 300 feet Vbst of Nortli Great Neck lbad (2336 Virginia Beach ]3oulevard), containing 16,291 square feet (Lynnhaven BoroLigh). Recamendation: APPROVAL i. Application of Hazel S. Oliver for a qo of zoning from R-3 lbsidential District to R-5 Pesidential District on the NC)rth side of Harris Foint Llrive, 118.77 feet @st of Owinnett Arch, containing 1.411 acres (Bayside Borough). Ibccmendation: APPROVAL j. Application of James W. fblmes for a Change of zoning from I-1 Light Industrial District to B-2 Camunity-Business District at the Northwest corner of Bonney lbad and Lynnshore I)rive (100 South Lynnshore @ive), containing 2.75 acres (Kempsville Borough). Ibccmendation: APPROVAL k. Application of Virginia Beach Christian Outreach Group, Inc., for a Conditional Use Peinit for a group hcme on Lot 40, Oceana Gardens (1477 Virginia Beach Boulevard), containing 26,671 square feet (Lynnhaven Borough). Reccmendation: APPROVAL 1. Ppplication of the City of Virginia Beach for a @an of Zoning frcm B-2 Cmnunity-Business District to P-1 Preservation District on t@ hbst side of General Booth Boulevard, beginning at a point 1118 feet North of the intersection of General Booth Boulevard and Birdneck Ibad, containing 11.44 acres (Lynnhaven Borough). Pecomendation: APPROVAL RESOLLTrIONS/OFtDINANCE 1. lbsolution supporting legislation which will designate property owned by Marian Manor, Inc. as being EXEMPT frcm State and Imal taxation. 2. lbsolution requesting the Gmnonuealth of Virginia, @partment of Gc)rrections, assune costs and operation of the Cc)urt Services Unit of the Juvenile and @stic P--lations District Cburt. 3. ordinance to AMEND and N the Code of the City of Virginia Beach, Virginia, by adding Section 16-10.1, pertaining to certificates of occupancy for certain dwellings. J. CONSENT AGENDA All matters listed und(,r the Gonspnt Pgenda are considered in the ordinary course of business by City Council- and will be enacted by one motion in the fom listed. If an it,@ is removed frcm the ODnsent Agenda, it will be discussed and voted upon separately. 1. Ordinance to AMEND and IN Section 5-31 of the Gode of the City of Virginia @ach, virginia pertaining to bird sarkctuaries. 2. Ordinance Lipon FIRST READING to APPROPRIATE a $4500 grant from the Division of Utter Control for t@ tenth year and the expansion of the C'lean Ccmunity Program. 3. ordinance authorizing the Site Acquisition of real property, easements, either by agreement or by condemnation, for Great Neck Point sewr and voter projects (CIPs 6-942 and 5-022). 4. Ordinance to authorize and direct the City Manager to execute a cost participation agreements: a. Corporate Woods (Kernpsville Borough) se@r projects (CIP 6- 316). b. Broad Meadowm Shoppes (Bayside Borough) water projects (CIP 5- 979) c. Ibck Creek Phase 5 (Kempsville Borough) water projects (CIP 5- 306) 5. Ordinances authorizing license refunds in the anount of $5,350.55. K. UNFINISBED BUSINESS L. NEW BUSINESS M. ADJOURNMERR CITY COUNCIL SESSIONS DECEMBER 28, 1987 MWFT.T.PD M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 14, 1987 The COUNCIL CONCERNS SFSSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, December 14, 1987, at 1:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Mayor Robert G. Jones was ATTENDING the NATIONAL LEAGUE of CITIES CONFERENCE in Las Vegas, Nevada. - 2 - C 0 N C E R N S 0 F T H E V I C E M A Y 0 R ITEM # 28480 Vice Mayor Oberndorf requested the City Manager and City Staff investigate the proposals for the Stormwater Run-off Ordinances specifically the area in Kempsville, still undeveloped, adjacent to a Lake, which residents in the neighborhood are extremely concerned with its protection. - 3 - C I T Y C 0 U N C I L C 0 N C E R N S 1TV-M # 28481 The C4-ty Manager AN14OUNCED the BREAKFAST with the General Assembly Delegation is SCHEDULED for Wednesday, December 16, 1987, 7:30 A.M., at the PAVILION. ITEv, # 28482 The City ilanager advised there a-e two PUBLIC HEARINGS SCHEDULED for advertising concurrent with the ADOPTION OF THE LEGISLATIVE PACKAGE. Two of these PUBLIC HEARINGS will be advertised for the City Council Meeting of JanuarY 4, 1987. This will enable the PUBLIC HEARINGS required for Charter Changes to occur prior to the deadline for submission to the General Assembly. The two Charter Changes, which will be advertised, are Funding for Courts Building and Iand Transfer fees. The General Assembly might require general legislation for these items; however, they might want same handled as Charter Change items. The PUBLIC HFARINGS afford the City greater flexibility IT:,]!,i # 28483 The City Manager advised the @'-ssue is before the State Council of Higher Education relative the OLD DOMINION UNIVERSITY GRADUATE CENTER in Virginia Beach. ODU has requested the City Council support this i-tem. ITFI,4 # 28484 During the INFORMAL SESSION of the City Council December 21, 1987, the City Council iiill be filmed for iiclusion in the video presentation of the City's Annual Report. ITE24 # 28485 Councilman Baum referenced Chesapeake's Ordinances related to Dog Licenses. On certain occasions tliese dogs can be vaccinated for Rabies, @ihich is basically all that is required to obtain a dog license from the Treasurer's Office in Chesapeake. Councilman Baun requested informat4 on relative the intent of Virginia Beach's law. There should be some place vthere dcgs can be vaccinated without necessaril,r going to a veterinarian Vice Mayor Oberndorf advised she believed the intent of the Ordinance was to be assured the dogs were vaccinated against Rabies, but then Mr. Atkinson's clerks refused to accept anything other than a veterinarian's written statement that the dog had been vaccinated. ITD4 # 28486 Councilman Balko advised his receipt of approximately a dozen telephone calls relative "high jacker trucks". This is a State Law of which many trucks are in violation. Councilman Perry advised some automobiles were also not adhering to this Law. The City llanager advised he would prepare a report to City Council relative enforcement efforts concerning "high rider trucks". - 4 - C I T Y C 0 U N C I L C 0 N C E R N S ITEPI # 28487 Councilwoman McClanan advised during the last CZO WORKSHOP, there was discussion relative Chesapeake's Subdi-vision Ordinance: An Ordinance Amending Chapter 25 of the Chesapeake City Code, Entitled "Subdivisions," By modifying Sect"ons 25-8(c) and 25-10(e) and adding a new section 25-21.1, prov@@ding for the preservation of i*.,Iatural Features and Ameiiit'les such as Trees, Ilatercourses etc., and Droviding for the showing of such @leatures on certaiii Preliminary and Fina,l Subdivision Plats. (Copies of same will be forward-ed to I,,@ei-@ibers of City Councl-1 and are hereby made a part of the record.) ITE.14 # 28488 Councilwoman !4cClanan advised whether there was a specific plan of action relative the COMPRFHENSIVE ZONING ORDINANCE and should the HMP (Henley, McClanan and Parker) Committee be involved. Vice Mayor Oberndorf advi-@ed Mayor Jones was interested i'l having the IZIP Committee develoo guidelines a private consulting firm would utilize il evaluatin,@ the Cb-@4PREHE14SIVE ZONING ORDINANCE. The City Maaager advised there will be one additional CZO WORKSHOP, and the HMP Committee would then peruse the items contained therein which needed further discussion and then determine whether or not this should proceed internally @iitli the City Council or a Consultant might be required. If a Consultint was required, possibiy the HMP Committee could develop the scope of work. ITEM 'wi 28489 Couiicilman Fentress advised the possibility o@@ legislation i,'Itroduced in the General Asoenibly relative State tul-tion gre-nts for the in@-litary and requested the City Stal@f research this area to deterinine whether this City Council should support this action. Probably the liumber One industry in Virginia is military. Counciliian Baum requested a check list reflectin., the advantages and disadvantages. ITEM # 28490 Councilmari Heischober advised Virginia Beach is in tlie top Fifty cities in the @ation aa depicted in the publicati-on CITY & STATE (public financial magazine) and iii a weighted average, twenty-third position. Probably the stroligest support is the percentage of t'@le ending balance to the City's total revenue. The City is in the top "5" in this particular instance. ITE@'4 # 28491 The City Manager advised of his receipt of cails from several Council Members relative the applicatioii of Virginia Beach Christian Outreach Group, Inc., for a Conditional Use Perrqit for a group hole on Lot 40, Oceana Gardens (1477 V'Irg-@Iiii-a Beaci@ Boulevard), containing 26,671 square feet (Lynnhaven Borough). (See IteTg TI I_ll . 1 -he k o@@ @ PLANNI,@IG AGENDA). These calls were related to inspection el-forts and fire prevention, et cetera. T'ie City @lanager advised he had @,iritten in"orration relati-ve these inquiries. ITEM i'i 28492 Councilman Perry advised Councilman Baum had been NOMINATED for the OUTSTANDING Forester by the Virginia Dare Soil and Conservation Association. - 5 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 28493 Councilwoman McClanan further referenced the appiication of VIRGINIA BEACH CHRISTIAN OUTRKACH GROUP for a Conditional Use Permit and inquired as to the reason it was expedited. Councilman Balko and the City Manager advised this had been portrayed as a non-controversial item. Councilman Balko advised the City Manager had inquired if he would have any problem expediting this item and he stated that he did not. ITEM # 28494 The City Manager advised there were four (4) items EXPFDITED. The COURTHOUSE COMMUNITY UNITED METHODIST CHURCH has been extremely patient in their dealings with the City ITEM # 28495 Vice Mayor Oberndorf advised the following applications were considered CONSENT by the PLANNING COWIISSION: Augusta C. Splegelhof, Motor City Associates, Fdward B. and Jean M. Snyder, Courthouse Community United Methodist Church, Morning Star Baptist Church, Gene S. Meekins, Kimmell Automotive, Inc., T/A Tread Quarters, Hazel S. Oliver and James W. Holmes. ITEM # 28496 Councilwoman McClanan referenced the application of Fdward B. and Jean M. Snyder for a Conditional Use Permit for motor vehicle sales and rental at the Southwest corner of Virginia Beach Boulevard and Yorktown Avenue, (2865 Virginia Beach Boulevard) containing 2.56 acres (Lynnhaven Borough) (See Item III-H.I.d of the PLANNING AGENDA). Councilwoman McClanan wished to add a condition to this item relating to buffering. ITEM # 28497 Councilman Moss referenced application of James W. Holmes for a Change of Zoning from trict at the Northi shore Drive), conti f the PLANNING AGE site plan. ITEM # 28498 Councilman Fentress advised there were incorrect Cover Sheets on two of the PLANNING ITEMS depicting incorrect votes (K L AUTOMOTIVE, ING. AND VIRGINIA BEACH CHRISTIAN OUTREACH GROUP, INC. ITEM # 28499 Councilman Moss referenced the application of Mitchell E. Dunbar for the discontinuance, closure and abandonment of a portion of beginning at the intersection of Maynard Street and Cleveland Street and running in a Southwesterly direction a distance of 180.01 feet along the Northern property line and 210.29 feet along the Southern property line, containing 6,361 square feet, (Kempsville Borough). On September 21, 1987, City Council closed the above-referenced street. Councilman Moss was curious as to the reasons during the site plan review process, one of the adjoining property owners refused to execute the appropriate subdivision plat. - 6 - ITEM # 28500 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, December 14, 1987, at 1:35 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Mayor Robert G. Jones - 7 - ITEM # 28501 Vice Mayor Meyera E. Oberndorf entertained a m,ti,n 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 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 ownership by such institution. 3. 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. Specific items of business on the City Council agenda that may be discussed in executive session are the following: I-l.a. Upon motion by Councilman Moss, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice @layor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones - 8 - F ORM A L S E S S ION VIRGINIA BEACH CITY COUNCIL December 14, 1987 2:15 P.M- Vice Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hail Building, on Monday, December 14, 1987, at 2:15 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Mayor Robert G. Jones INVOCATION: Bishop David Wright Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 9 - ADOPTION OF ITEMS Item III-D.l. ITEM # 28502 Vice Mayor Oberndorf referenced a Resolution supporting legislation which will designate property owned by Marian 14anor, Inc. as being T from State and Local texation. (See Item III-I.1 of RESOLUTIONS/ORDINAI@CE.) This item will be brought forward on the AGENDA to DEFER until the City Council Meeting of December 21, 1987, thus enabling advertising for a PUBLIC HEARING. BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. - 10 - Item IV-E.1 MINUTES ITEM # 28503 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council APPROVED tl,.e MINUTES of the INFORMAL & FORMAL SESSIONS of December 7, 1987, as AMENDED and CORRECTED: Councilman Balko referenced Item # 28454, Page 23, Application of LESTER E. WILLIAMS for a Variance to Section 4.4(d) of the Subdivision Ordinance pertaining to direct access to a public street. The Condition shall be AMENDED to state: 1 . A 3E) f-oot private &eeeaa A:ngi-eae,legpeee ea@ @il@ E. lia@ bile t@gal: ii6@@ @tiuwn on tlie plaz exnloltea bf,i, d@b@. -th-the- -Git7 -01@ - t@- p@vu S. 1. The applicant shall connect his easement to the 30-foot private road adjacent to his property and not to the public street connecting to the 30-foot private road. Page 10, ITEM # 28443, MINUTES of November 23, 1987 and November 30, 1987. The following shall be corrected to insert Vice Mayor Oberndorf's statement: Upon motion by Vice Mayor Oberndorf, seconded by Councilrflan Fentress, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of November 23, 1987, and the JOINT SESSION WITH SCHOOL BOARD AND PUBLIC HEARING of November 30, 1987. Vice Mayor Oberndorf advised as a part of the motion Councilwoman Parker's concern be reflected to include the fact that the intent of A Resolution requestinr the Board of Zoning Appeals to Affirm the Determination for the Zoning Administrator Pertaining to the Need for Variances for the Relocation of Certain Billboards Located on Virginia Beach Boulevard (ADOPTED @y City Council on November 23, 1987), was not to Rive blanket approval of any variances, but that it would be idursued, if necessary, further by the City staff on behalf of the City Council, Councilwoman Parker further referenced and advised, the OPPOSITION had not been listed in the MINUTES relative the Public Hearing of a Proposed Charter Change pertaining to nonconforming signs and billboards. A CORRECTED copy of this page is hereby made a part of the proceedings for City Council to insert in their MINUTES of December 7, 1987: ITEM # 28446, page 13, PUBLIC HEARING: Proposed Charter Change to AMEND Section 2.02 of the Code of the City of Virginia Beach pertaining to nonconforming signs and billboards. Item III-E.1 MINUTES ITEM # 28503 (Continued) The following spoke in OPPOSITION of the Proposed Charter Change. Jerry Llaneza, Virginia Natural Gas - 5100 Virginia Beach Boulevard East, Norfolk 23502, Phone: 446- 5520, Chairman for Local Issues and Ordinances Committee of the Hampton Roads Chamber of Commerce, and presented a statement to City Council. (Said Statement is hereby made a part of the record.) Stan Stollings, 2432 Bluecastle, Phone: 486-3412, Principal of Cardinal Sign Company. Laura Zambardi, 2852 Shearwater Cove Phone: 340- 9046, represented Adar-,s Outdoor Advertising. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, 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: Mayor Robert G. Jones - 12 - Item III-F.l. AWARDS ITEM # 28504 Vice Mayor Meyera E. Oberndorf PRFSENTED RESOLUTIONS to City Employees inducted into the VIRGINIA BEACH CITY HALL OF FAME: Sarah V. Whitley City Treasurer's Office Ronald S. Knowles Department of Public Works Beverly 0. Hooks - City Clerk's Office These Employees were recognized for their outstanding efforts and contributions to the City of Virginia Beach. These employees have been nominated and selected by their fellow City employees. - 13 - Ite@@ III-G.l. PRESENTATION ITEI@ # 28505 BY CONSENSUS, City Council RFSCHEDULED the PRESENTATION of the INTERIM FINANCIAL STATEMENTS: July 1, 1987 - October 31, 1987, by Giles G. Dodd, Assistant City Manager for Administration. - 14 - Item III-H. PLANNING ITE14 # 28506 Vice Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING a. MITCHELL E. DUNBAR CONFIRMATION - STREET CLOSURE b. AUGUSTA C. SPIEGFJHOF VARIANCE c. MOTOR CITY ASSOCIATES STREET CLOSURE METHODIST CITURCH d. EDWARD B. AND JEAN M. SNYDER CONDITIONAL USE PERMIT e. COURTHOUSE COI%MIITY DIIITED METHODIST CONDITIONAL USE PERMIT f. MORNING STAR BAPTIST CHURCH CONDITONAL USE PERMIT g. GENE S. MEEKINS CONDITIONAL USE PERMIT h. KIWEL AUTOMOTIVE, INC. T/A TREAD QUARTERS CONDITIONAL USE PERMIT i. HAZEL S. OLIVER CHANGE OF ZONING j. JAMES W. HOLMES CHANGE OF ZONING k. VIRGINIA BEACH CHRISTIAN OUTRF.ACH GROUP, CONDITIONAL USE PERMIT ING. 1. CITY OF VIRGINIA BFACH CHANGE OF ZONING 1 5 Ttem III-H.l.a. PUBLIC HEARING PLANNING ITEM # 28507 Samuel Kroll, Clark & Stant, P.C., Sovra-Ti Building, One Columbus Center, Phone: 499-8800, represented the applicant and agreed to the DEFERRAL. Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council DEFERRED one week until the City Council Meeting of December 22, 1987, CONFIRMATION of the the discontinuance, closure and abandonment of a portion of Maynard Street in the application of MITCHELL E. DUNBAR. This DEFERRAL will allow the Directors of Planning and Public Works to confer with the City Attorney as it appears only one-half of the street will be closed as opposed to the original intent in the FINAL APPROVAL on September 21, 1987. Application of Mitchell E. Dunbar for the discontinuance, closure and abandonment of a portion of @laynard Street beginning at the intersection of Maynard Street and Cleveland Street and running in a southwesterly direction a distance of 180.01 feet along the northern property line and 210.29 feet along the southern property line. Said parcel contains 6,361 square feet. KEMPSVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, 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: Mayor Robert G. Jones - 16 - Item III-I.l.b. PUBLIC HEARING PLANNING ITEM # 28508 Ashton Pully, 500 Pacific Avenue, Phone: 428-3737, represented the applicant Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council APPROVED the application of AUGUSTA C. SPIEGELHOF for a Variance to Section 4.4 (d) of the Subdivision Ordi-nance pertaining to direct access to a public street at 224 and 226 83rd Street. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Augusta C. Spiegelhof. Property is located at 224 and 226 83rd Street. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, 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: Mayor Robert G. Jones 1 7 Iter.q III-H. 1 . c. PUBLIC HEARING PLANNING ITEM # 28509 Attorney Charles Salle, 192 Ballard Court, Phone: 490-3000, represented the applicant Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council DEFERRED for Compliance of Conditions until the City Council Meeti-'Ig of June 20, 1988, an Ordinance upon application of MOTOR CITY ASSOCIATES for the discontinuance, closure and abandonment of portions of Jersey Avenue and Broad Street. Appiication of Motor City Associ-ates for the discontinuance, closure and abandonment of a portion of Broad Street beginning at the intersection with Virginia Beach Boulevard and running in an easterly direction a distance of 240-30 feet alon.@ the northern boundary of Broad Street. Said parcel is variable in width @rom 60 leet to 129.98 feet and contains 10,959 square feet. BAYSIDL, BOROUGH. The following conditions shall be required: 1. Dedication of a utility easement as deternined by the Department of Public Utilities over the water line that lies within the portion of Broad Street to be closed. 2. Resubdivision of the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels, as well as, to insure that all lots have access to a public street. 3. 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 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. A N Dy - 13 - Item III-H.l.c. PUBLIC HEARING PLANIiING ITLT4 # 28509 (Continued) Application of Motor City Associates for the discontinuance, closure and abandonment of a portio,i of Jersey Avenue located on the east side of North Witchduck aoad beginning at a point 60.71 feet north of Virginia Beach Boulevard. Siad parcel contains 867 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. Dedication of a utility easement as determined by the DepL,.rtnent of Public Utilities over tlie water line that lies within the portion of Broad Street to be closed. 2. Resubdivision of the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels, as well as, to insure that all lots have access to a publi-c street. 3. 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 4- Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, @'aobert E. Fentress, Harold Heischober, Barbara M. Henley, John D. l@loss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and Joh-,l L. lerry Council Members Voting Nay: Reba S. McClanan Council Members Absent: Mayor Robert G. Jones Item III-H.l.d. PUBLIC HEARING PLANNING IT@l # 28510 Attorney Andrew Fine, 6810 Ocean Front, represented the applicant Upon motion by Councilman Balko, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of EDWARD B & JEAN M. SNYDER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EDWARD B. & JEAN M. SNYDER FOR A CONDITONAL USE PERMIT FOR MOTOR VEHICLE SALES AND RENTAL R012871096 BE TT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Edward B. & Jean M. Snyder for a Conditional Use Permit for motor vehicle sales and rental at the southwest corner of Virginia Beach Boulevard and Yorktown Avenue. Said parcel is located at 2865 Virginia Beach Boulevard and contains 2.56 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Landscaping, buffering and general rejuvenation of the property. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of December, Nineteen Hundred and Eighty-seven. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, l@ancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones - 20 - Item III-H.l.e. PUBLIC HEARING PLANNING ITEM # 28511 Reverend Bruce D. Tuttle, 3205 Monet Drive, Phone: 427-3272, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon appl;-cation of COURTHOUSE COMMUNITY TRIITED METHODIST CHURCH for a Church. ORDINANCE UPON APPLICATION OF COURTHOUSE GOI@ff4UNITY UNITED METHODIST CHURCH FOR A CONDITIONAL USE PEP&IIT FOR A ',.IIURCH R012871097 BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Courthouse Community United Methodist Church for a Conditional Use Permit for a church on certain propert,@ located on the northeast side of Pri-@icess Anne Road beginning at a point 5000 feet more or less northwest of North Landing Road. Said parcel contains 6-4 acres more or less Ilats with more detailed information are available in the Department of Planning. PRIIICESS AN14E BOROUGll. The following conditions shall be required: 1. Permanent access shall be ol-@- the proposed four (4) lane undivided collector road. No permanent curb cut on Princess Anne Road will be allowed. Only temporary access will be allowed on Princess Anne Road. The number and location of the curb cuts on the proposed four (4) lane undi-vi-ded collector road will be addressed at site plan review. 2. The access road shall be landscaped and buffered. 3. The utilizatioi o@@ best manager@ient practices for co,itrolling 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. This Ordinance shall be effective upon the date o@@ adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the F'ourteenth day of December, iiineteen Ilundred and Eighty-seven. - 21 - Item III-H.l.e. PUBLIC HEARING PLANNING ITEM # 28511 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, 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: Mayor Robert G. Jones - 22 - PUBLIC HEARING PLANNING ITEM # 28512 The following registered in support of the application but did not speak: Henry Venning, 4720 First Court Road C. H. Williams, 219 Elm Avenue Upon moti-on by Councilman Perry, seconded by Councilman Heischober, C-1@-ty Council ADOPTED an Ordi-nance upon application of MORNING STAR BAPTIST CHURCH ,or a Conditional Use lerm4-t: ORDINAN'@E UPON APPLICATION OF TRUSTEES OF MORNING STAR BAPTIST CHURCH FOR A CONDITONAL USE PERMIT FOR A CHURCH R012871098 BE IT HEREBY ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIR'@INIA Ordinance upoii application of Trustees of Morning Star Baptist Church for a Conditional Use Permit for a church on certain property located on the southeast intersection of Pleasure l@louse Road and Northampto,i Boulevard. Said parcel conta,ins 1.336 acres. Plats with more detailed information are available in the DepartTqent of Planning. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council o@' the City of Virginia Beach, Virginia, on the Fourteenth day of December, Nineteen llundred and Eighty-seven. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. @arker and Jolin L. Perry Council Members Voting Nay: :,'one Council Members Absent: Mayor Robert G. Jones - 23 - Item III-H.l.g. PUBLIC HEARING PLANNING !TE',l # 28513 Gene S. Meekins, the applicant, represented himself Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of GENE S. MEEKINS for a Conditiolial Use Permit. ORDIi@ANCE UPON APPLICATION OF GENE S. 1)@EEKINS FOR A CONDITIOITAL USE PERMIT for MOTOR VEHICLES SALES (expansion)RO12871099 BE IT HEREBY ORDAINED BY @-HE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Gene S. ',Ieekins for a Conditional Use Permit for motor vehicle sales (expansion) ol certain property located at the southiiest corner of Laskin Road and Village Drive. Said parcel contains 1.085 acres. Plats wi-th more detailed information are available in the Department of Planning. @,YNNHAVEN BOROUGH. The following condition shall be required: 1. One parking space for every 900 square feet of the pi-oposed building area must be provided in addition to the existing parking. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, oli the Fourteenth day of December, Nineteen Hundred and Eighty-seven. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. 14cClanan, John D. Moss, Vice I'layor Meyera E. Oberndorf, Nancy K. Parker and Joh-'l L. Perry Council Members Voting l@ay: None Council Me@@bers Absetit: Mayor Pobert G. Jones - 24 - Item II-H.l.h. PUBLIC HEARING PLANNING ITEM # 28514 Julian Keith, Assistant Division Manager - Kimm-el Automotive, Inc. T/A Tread Quarters, represented the applicant Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of KIMMELL AUTOMOTIVE, INC., T/A TREAD QUARTERS: ORDINANCE UPON APPLICATION OF KIMMEL AUTOMOTIVE, INC., T/A TREAD QUARTERS FOR A CONDII-ONAL USE PERt4IT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT (mounting & balancing tires) R012871100 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kimmell Automotive Inc., T/A Tread Quarters for a Conditional Use Permit for an automobile repair establishment (mounting & balancing tires) on the north side of Virginia Beach Boulevard, 300 feet west of North Great Neck Road. Said parcel is located at 2336 Virginia Beach Boulevard and contains 16,291 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. No outside storage of tires shall be permitted. 2. Applicant shall comply with the City sign ordinance. 3. No trailers shall be parked on the property. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of December, Nineteen @,iundred and Eighty-seven. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, 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: Mayor Robert G. Jones - 25 - Item III-H.l.i. PUBLIC HEARING PLANNING ITEM # 28515 Attorney R. B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicant Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of HAZEL S. OLIVER for a Change of Zoning. ORDINANCE UPON APPLICATION OF HAZEL S. CLIVER FOR A CHANGE OF ZONING FROM R-3 TO R-5 Z012871193 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hazel S. Oliver for a Change of Zoning District Classification from, R-3 Residential District to R-5 Residential District on certain property located on the north side of Harris Point Drive, 118.7 feet west of Gwinnett Arch. Said parcel contains 1.411 acres.Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. Prior to the changing of the official zoning maps, the following condition shall be required: 1. A 5-foot right-of-way dedication is required along Harris Point Drive in order to establish a 60-foot right-of-way. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of December, Nineteen Hundred and Eighty-seven. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council I-lembers Voting Nay: None Council Members Absent: Mayor Robert G. Jones - 26 - Item III-H.l.j. PUBLIC HEARING PLANNING ITFIA # 28516 Attorney R. B. Cromwell, Pemb-oke One, Phone: 499-8971, represented the applicant James W. Holmes, the applicant, advised the majority of the 2-1/2 acres is paved and the application is adjacent to the Norfolk & Southern Railroad. The Landscaping will replaced in front of the building. Upon motion by Couyicilman Moss, secondp-d by Council,.nan Balko, City Council ADOPTED an Ordinaiice upon application of JAMES W. HOLMES for a Change of Zoning: ORDII@AliCE UPON APPLTCATION OF JAIIES W. HOLMES FOR A CHANGE OF ZORING FROM 1-1 TO B-2 Z012871194 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY 01' VIRGINIA BEACH, VTRGINIA Ordinance upon applicat@@on of James W. ffolmes for a Change of Zoninp,, District Classification from I-I Light Industrial District to B-2 Community-Business District on certain property located on the northwest corner of Bonney Road and Lynnshore Drive. Said parcel is located at 100 South Lynnshore Drive and contains 2.75 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH The following conditi-o-,is shall be required: 1. Compliance with the Landscape Ordinance and Parking Lot Ordinance 2. 5-foot (5') green space with planting of red Photinia at the side and facing the fence Pild retaining ,iall (Bonney Road side). Landscaping to improve the aesthetics of the property. 3. Ciderblock retaining wall along the sidewalk on Bonney Road shall be repaired. Prior to the changing of the official zonin., r@iaps the following condition must be met: 4. An accurate physical survey, drawn to scale, must be submitted to the Plannin., Department showing all existing structures. All outbuildings violating the setback requirements ol- the B-2 CoTqmunity- Business Distri.ct must be removed. Verificati-on must be provided to the Planning Departmeit. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of December, Iiineteen Hundred and Eighty-seven. - 27 - Item III-H.l.j. PUBLIC HEARING PLANNING ITEM P, 28516 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, 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: Mayor Robert G. Jones - 28 - Item III--a.l.k. PUBLIC HEARING PLANNING IT&I # 28517 Attorney A. Joseph Canada, 1062 LaslEin Road, 422-8833 represented the applica-'It and advised the facility wi-11 be utilized as a group liome. The facility will have a full-time and part time Director. There will be sonieone on the premises at all times. Attorney Canada referenced letters from Hector A. Rivera, Assistant City Manager for Hurlan Services, and Fr8-ncis Elrod, Director of Social Services, in support of the concept. Richard H. Powell, Jr., 209 53rd Street, President of the Virginia Beach Christian Outreach -.rouD, Inc., represented the applicant and distributed a STATEME-NT OF PURPOSE and a list of Member Churches (Said documeiats are hereby made a part of the record). Richard Powell advised, at the present time, there are no paid employees, all are volunteers, as well as Attorney Canada. There would be a maxinum eleven (11) individuals including a staff person viho shall reside in the existing structure. Sam Houston, Sr., 946 Oriole Drive, spoke in support ol- the facility Dr. John Sullivan, Director of Partners, Ordained Minister and Trained Counselor, will supervise the Screening of possible residenls. Reverend John Jordan, Pastor of Galilee ETDiscopal Church OPPOSITION: Attorney Williera C. Bischoff, Oiia Columbus Center, Phone: 490-6000, represented 120 Oceana Gardens Zesidents and Property Owners. A list of these aforementioned property owners was distributed to City U-ouncil and is hereby made a part of the record. Attorney Bischoff was concerned with the individuals turned away from the Group Home, as they will be left out on the street in Oceana Gardens. Reverend Jeroine C. Ross, 310 North Birdneck Road, Phone: 422-5048, represented Mount Olive Baptist Church and President of the Virginia Beach Ministers Forum, vias not so much opposed to the concept as to the procedure and logistics of same. Reverend Ross did not believe the cliurches in the vicinity were accurately contacted and oroperly informed. Reverend Ross did not receive follow-up information or a thorough discussion of this matter in order to notify the other churches i-'l the area. E. George Minns, 928 Lamplight Lane, Phone: 468-6479, @lanaging Publisher - Community Bulletin Ilewspaper, distributed a copy of a statement itemizing the reasons for DE14YING said application. (Said coidy is hereby made a part of the record.) Upon Piotioii by Councilman Balko, seconded by Councilman Perry, City Courcil DENIED an application of VIRGINIA BEACH CHRISTIAN OUTRKAGH GROUP, INC. for a Conditional Use Permit: ORDI14ANCE UPON APPLICATION OF VIRGIIIIA BEACH CHRISTIAN OUTREAC',L GROUP, INC. FOR A COliDITIONAL USE PERMIT FOR A GROUP HOME Ordi-nance upon application of Virginia Beach Christian Outreach Group, Inc., for a Conditional Use Permit --or a group hoi'le on Lot 40, Oceana Gardens. Said Darcel is located at 1477 Virginia Beach Boulevard and contains 26,671 square feet. LYITNHAVE@ll BOI@OUGH. - 29 - Item III-H.l.k. PUBLIC HEARING PLANNING ITEM # 28517 (Continued) Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Barbara M. Henley, Feba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Robert E. Fentress Council Members Absent: Mayor Robert G. Jones - 30 - Item III-H.1.1. PUBLIC HEARING PLANNING ITEM # 23518 Upon motion by Councilman Balko, seconded by Councilwoman Parker, City Council ADOPTED an Ordinance upon application of the City of Virginia Beach for a Change of Zoning: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO P-1 Z012871195 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of Virginia Beach for a Change of Zoning District Classification from B-2 Community-Business District to P-1 Preservation District on certain property located on the west side of General Booth Boulevard, beginning at a point 1118 feet north of the intersection of General Booth Boulevard and Birdneck Road. Said parcel contains 11-44 acres. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. The utilization of best management practices for controlling storm water runoff which are reasonably applicable to the development of the site. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth day of December, Nineteen Hundred and Eighty-seven. Councilman Fentress inquired if the City is leasing the property, did the City have the right to change the zoning to P-1 without the State's approval or without a public hearing. Councilwoman McClanan advised the City is returning the application to its original zoning. The City Manager advised it is important this application be handled expeditiously, and as same involves land acquisition processes, the City Manager requested same be discussed during an EXECUTIVE SESSION - 31 - Item III-H.1.1. PUBLIC HEARING PLANNING ITE14 # 28518 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice l@ayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones - 32 - Item III-I.l. RESOLUTIONS/ORDINANCE ITEM # 28519 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council DEFERRED and SCHEDULED advertising of a Public Hearing for the City Council Meeting of December 21, 1987: Resolution supporting legislation which will designate property owned by Marian Manor, Inc. as being from State and Local taxation. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, 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: Mayor Robert G. Jones - 33 - Item III-I.2. PUBLIC HEARING PLANNING ITEM # 28520 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED, subject to the recommendation of the City Staff and the report dated November 9, 1987: Resolution requesting the Commonwealth of Virginia, Department of Corrections, assume costs and operation of the Court Services Unit of the Juvenile and Domestic Relations District Court. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, 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: Mayor Robert G. Jones R E S 0 L U T I 0 N WHEREAS, the Council of the City of Virginia Beach, Virginia desires that the Commonwealth of Virginia, Department of Corrections, assume the operation of the Court Servi-ces Unit of the Juvenile and Domestic Relations District Court; and WHEREAS, the Council of the City of Virginia Beach, Virginia, has consulted with the Chief Judge of the Juvenile and Domestic Relations District Court as required by law. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach, Virginia, pursuant to Section 16.1-235(A) of the Code of Virginia, hereby requests the Commonwealth of Virginia, Department of Corrections, to assume operation of the Court Services Unit of the Virginia Beach Juvenile and Domestic Relations District Court, effective July 1, 1988. BE IT FURTHER RESOLVED that the State should provide this funding at a level which maintains the same quantity and quality of services to the citizens of Virginia Beach that they currently experience. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of 1987. - 34 - Item III-I-3 RFSOLUTIONS/ORDINANCE ITEIM # 28521 The following spealcers spoke in OPPOSITIOTI: James B. Reedy, 4605 Revers Drive, Phone: 495-5595, represented Detect -',Iome Inspection Service, and advised the nain concern was the Ordinance will give the homebuyer and seller a false sense of security relative the condition of the property. James Reedy distributed information relative Detect Inspection Service (Said informat4@on is hereby ,-qade a part of the record.) Len P. Marino, 2249 Sandy Woods Lane, Phone: Z,27-3007, represented the Hunt & Peck System and advised the difference between a housing or environmental inspection, a building inspection and the tasl,- of the pro,-essional home inspector. The first two serve the co,-qmur@ity. A pro@@essional home inspection serves the individual, directly hired to perforrq a particular ho,.ie inspection generally by the purchaser. Doug Dowdy, 1324 Kemspville Road, Phone: 467-7328, President of the Hoinebuyers Inspection Service and provided copies of his Inspection -,Zeport and infori,qation. Doug Dowdy advised his main concern was the false representation that n@ight be made to buyers within the area. Greg Gillote, President of iiome Chek of Tidewater, Inc., 1224 Rodgers Street, Chesapeake, Virginia 23324 Southside: 622-2949, Peninsula 595-4538, distributed information relative his company. Kenneth L. Hoff, 4205 Marchris Court Phone: 420-0000, President Tidewater Board of Realtors (4,000) who is OPPOSED to the Ordinance. They are advocates of homeowners rights. The Ordinance will place a tremendous financial and administrative burden on buyers and sellers. The $50-00 @-ee combined wi-th the co-ordination required to accommodate the inSDector's visit plus the cost, scheduling and completion of the repairs will be added to the other reouirepients associated with T_qoving. Upon ilotion by Councilman Heischober, seconded by @@ouncilwoman Parker, Ci-@y Council DEFERRED TO SCHEDULE A WORKSHOP: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Vir,iiiia, by ADDI@IG Section 16-10.1, pertaining to certificates of occupancy for certain dwellings. This DEFERRAL will enable concerns to be addressed. The registered speakers will be contacted to attend the WORKSHOP. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum-, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice llayor Meyera E. Oberndorf, Ilancy K. Parker and John L. Perry Cou,icil Members Voting Nay: None Council MeLibers Absent: Mayor Robert G. Joies 3 5 Item III-J. CONSENT AGENDA ITFIL # 28522 Upon motion by Councilman Heischober, seconded by CouncilTan Moss, City Council APPROVED ii ONE MOTION items 1, 2, 3, 4. and 5 of the CONSENT AGKNDA. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baui,-, i@obert E. Fentress, Harold Heischober, Barbara M. Heiley, Reba S. McClanaii, John D. Moss, Vice Mayor Meyera E. Oberndorf, l@ancy K. Parker and John L. Perry Council Members Vot4-rg Nay: None Council llembers Abstaining: Reba S. McClanan and liancy N. Parker VERBALLY ABSTAINED on Item III-J.2 as they are members of the Clean Community Commission. Council Members Absent: Mayor Rob--rt G. Jones - 36 - Item III-L.l. CONSENT AGENDA ITEM # 28523 Upon motion by Counciiman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 5-31 of the Code of the City of Virginia Beach, Virginia pertaining to bird sanctuaries (Great Neck Point). Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor tleyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Mayor Robert G. Jones Requested by Councilman Balko 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 5-31 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA 4 PERTAINING TO BIRD SANCTUARIES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 5-31 of the Code of the City of Virginia 9 Beach is hereby amended and reordained to read as follows: 10 11 12 13 Section 5-31. Established; purpose. 14 15 The following described areas in the city are hereby 16 declared to be bird sanctuaries for the protection of all birds: 17 (1) North Thalia in Kempsville Borough: 18 Beginning at a point in the center 19 of Thalia Creek on the north side 20 of U.S. Route 58 (Virginia Beach 21 Boulevard); thence in a northerly 22 direction following the center of 23 Thalia Creek to the merger of 24 Thalia Creek, the western branch of 25 Lynnhaven River and Buchannan 26 Creek; thence in an easterly 27 direction along the center of 28 Buchanan Creek (Lynnhaven and 29 Kempsville Borough line) to the 30 northeast boundary of Thalia 31 Shores; thence in a southerly 32 direction along the Lynnhaven and 33 Kempsville Borough line to a point; 34 thence along the borough line in a 35 westerly direction approximately 36 twelve hundred (1200) feet, more or 37 less, to a point; thence along the 38 borough line in a southerly 39 direction to the north side of 40 U.S.Route 58 (Virginia Beach 41 Boulevard) and Route 1192 (West 42 Brook Road); thence in a westerly 43 direction along U.S. Route 58 to 44 the point of beginning. 45 (2) Chesopian Colony in Lynnhaven 46 Borough: Beginning at a point in 47 the center of Pine Tree Branch on 48 the north side of U.S. Route 58 49 (Virginia Beach Boulevard); thence 50 in a northerly direction following 51 the center of Pine Tree Branch to 52 the merger of Pine Tree Branch, the 53 eastern branch of Lynnhaven River 54 and London Bridge Creek; thence in 55 a southeasterly direction along the 56 center of London Bridge Creek to 57 U.S. Route 58 (Virginia Beach 58 Boulevard); thence along the north 59 side of U.S. Route 58 in a westerly 60 d i r e c t i o nto the point of 61 beginning. 62 (3) The subdivisions known as Kings 63 Grant, Alanton, Kings Forest, 64 M a 1 i b u ,Birchwood Gardens, 65 Lynnhaven Acres, Cape-Story-By-The- 66 Sea, Bay Island and Trantwood 67 Shores in the Borough of Lynnhaven 68 and Nottingham Estates, Laurel Cove 69 and Aragona Village in Bayside 70 Borough. 71 (4) All that certain area located in 72 Lynnhaven Borough, including, but 73 not limited to those subdivisions 74 known as Wolfsnare Plantation, 75 Southern Points, Robin Hood Forest 76 and Great Neck Estates, and being 2 7 7 more particularly described as 78 follows: Beginning at a point in 79 the center of Wolfsnare Creek on 80 the western side of Great Neck 81 Road ; thence in a westerly 82 direction following the center line 83 of Wolfsnare Creek to the merger of 84 Wolfsnare Creek and the eastern 85 branch of the Lynnhaven River; 86 thence in a northerly direction 87 along the center line of the 88 eastern branch of the Lynnhaven 89 River to the merger of the center 90 line of the eastern branch with 91 Inlynnview Road extended; thence, 92 in an easterly direction and 93 running parallel to Robin Hood 94 Road, down the center of Inlynnview 95 Road to the intersection of 96 Inlynnview Road and Five Points 97 Road; thence in a northerly 98 direction, down the center of Five 99 Points Road to the point of 100 intersection of Five Points Road 101 and Rose Hall Drive; thence in an 102 easterly direction, down the center 103 of Rose H a 1 1 D r i v eto the 104 intersection of Rose Hall Drive 105 with Great Neck Road; thence in a 106 southerly direction and traveling 107 along the western right-of-way line 108 of Great Neck Road to the point of 109 merger of the center line of 110 Wolfsnare Creek with the western ill right-of-way line of Great Neck 3 112 Road, said point being the point of 113 beginning. 114 (5) All that certain area bounded on 115 the north by Shore Drive, on the 116 south by Long Creek, on the west 117 by Great Neck Road and on the east 118 by the subdivision known as Cape- 119 Story-By-The-Sea. 120 (6) The subdivisions known as Lakeview 121 Shores, Lake Smith Terrace, Lake 122 Smith Terrace-West, Thoroughgood, 123 Thoroughgood Estates, Lake Shores, 124 Bayville Park, Baylake Pines and 125 Baylake Beach in Bayside Borough. 126 (7) All that certain area located in 127 Princess Anne Borough being 128 described as follows: From the 129 intersection of the center line of 130 Hell Point Creek and Tabernacle 131 Creek to its intersection with the 132 center line of Muddy Creek to its 133 termination at North Bay, then 134 northwardly along the center line 135 of Hell Point Creek to the point of 136 origin. 137 (8) The subdivisions known as Lake 138 James, Kempsville Heights, Point- 139 of -View, Arrowhead, Carclanne 140 Farms, Huntington, Fai rf ield , 141 Kempsville Manor, Kempsville 142 Gardens, Lark Downs, Larkspur, 143 Kempsville Colony, Bellamy Manor, 144 Acredale, Reverton, Lakeville 145 Estates, Timberlake and Stratford 1 46 Chase in Kempsville Borough and 147 Fawn Village at Indian Lake. 4 148 (9) All that certain area located in 1 49 Princess Anne Borough being 1 50 described as follows: From the 151 center line of North Landing Road 152 easterly five hundred (500) feet 153 and westerly five hundred (500) 154 feet and running parallel to North 155 Landing Road from the south line of 156 Indian River Road to the Chesapeake 157 C i t y boundary 1 i n e on t h e 158 Intercoastal Waterway. 159 (10) The subdivision known as Lago-Mar 160 in Princess Anne Borough. 161 (11) The subdivision known as Green Run 162 in Princess Anne Borough. 163 (12) The subdivisions known as Pembroke 164 Meadows, Pembroke Manor, Witchduck 165 Point and Witchduck Bay in Bayside 166 Borough. 167 (13) The subdivision known as Lynnhaven 168 Colony. 169 (14) All that certain area known as 170 Beach Garden Park in the Lynnhaven 171 Borough of the city; said area is 172 located directly south of Laskin 173 Road, bounded on the west by 174 Barberton Drive and on the east by 175 Holly Road running to 26th Street. 176 (15) All that certain area known as 177 Chesapeake Beach in the Bayside 178 Borough of the city; said area is 179 bounded on the south by Shore 180 Drive, bounded on the north by 181 Chesapeake Bay, bounded on the west 182 by Little Creek Amphibious Base, 5 1 8 3 and bounded on the east by the 184 subdivision known as Baylake Pines. 185 (16) All that certain area known as 186 Princess Anne Plaza in the 187 Lynnhaven and Princess Anne 188 Boroughs of the city; said area is 189 bounded on the north by the 190 Virginia Beach toll road, bounded 191 on the west by Rosemont Road, 192 bounded on the south by Holland 19 3 Road and Lynnhaven Parkway, and 19 4 bounded on the east by Lynnhaven 195 Parkway. 196 (17) All that certain area known as 197 Wolfsnare in the Lynnhaven Borough 198 of the city; said area is bounded 199 on the east by First Colonial Road, 200 on the north by the Northern Branch 201 oE Wolfsnare Creek, on the west by 202 Great Neck Road, and on the south 203 by the southern branch of Wolfsnare 204 Creek, Regency Apartments, and 205 Laskin Road; to include the 206 subdivision of First Colonial 207 Estates, Camden Estates, Glouster 208 Village, Hilltop Manor, Wolfsnare 209 Acres, Washington Square and Woods 210 of Washington Square. 211 (18) All that certain area known as Lake 212 Placid in the Princess Anne 213 Borough. 214 215 216 217 6 218 (19) The subdivision known as Great'Neck 219 Point in the Lynnhaven Borough. 220 221 Adopted by the Council of the City of Virginia Beach, 222 Virginia, on the 14 day of Deceiiber 1987. 223 224 JDB/epm 225 12/02/87 226 CA-02519 227 \ordin\proposed\05-031.pro 228 7 - 37 - Item III-L.2. CONSENT AGENDA ITEM # 28524 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council APPROVED upon FIRST READING: Ordinance to APPROPRIATE a $4500 grant from the Division of Litter Control for the tenth year and the expansion of the Clean Community Program. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. H,-nley, John D. Moss, Vice iaayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: lione Council Members Abstaining: Reba S. McClanan and Nancy K. Parker* Council Members Absent: Mayor Robert G. Jones *Counciwomen McClanan and Parker VERBALLY ABSTAINED as they are Members of the Clean Community Commission. APP RC)VED AS -1 0 CONTENT -7 ORDINANCE APPROPRIATIONS $4500 FROM THE DIVISION OF LITTER OONTROL FOR THE CIZ" C@TY P@ EY WHEREAS, the Council of the CiLy of Virginia Beach recognizes the existence of the litter problem within the City; and WHEREAS, the Litter Control Act of 1976 provides the Department of Conservation and Economic Development, Division of Litter Control, grants for the purpose of enhancing local litter control programs; and WHEREAS, the Virginia Beach Clean Comunity Program is in its tenth year of funding under this program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that $4500 is hereby appropriated for an expansion of the Clean Community Program within the City; and BE IT FURTHER ORDAINED that revenue from the Commonwealth be increased by $4500. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of _ , 1987. FIRST READING: December 14, 1987 SECOND READINC: - 38 - Item III-L.3. CONSENT AGENDA ITEM # 28525 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance authorizing the Site Acquisition of real property, easements, either by agreement or by condemnation, for Great Neck Point sewer and water projects (CIPs 6-942 and 5-022). Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Tione Council Members Absent: Mayor Robert G. Jones APPRC,)Vtv AO AP AN ORDINANCE TO AUTHORIZE THE ACQUISITION - OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR GREAT NECK POINT SEWER AND WATER PROJECTS CIPs 6-942 & 5-022 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this important project and for public purposes for the -@preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people of the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to 115.1-236 et seg. and 125-46.1 et seg., Code of Virginia of 1950, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown on that plan entitled: "Proposed construction of Great Neck Point Sewer and Water Projects, CIPs 6-942 and 5-022, Sengtson, Debell, Elkin & Titus, P.C., Virginia Beach, Virginia", on file in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Cauhcil of the City of Virginia Beach, Virginia, an the 14 day of _ December---- , 19 87 ------ --------- ------- - 39 - Item III-L.4. CONSENT AGENDA ITEM # 28526 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance to authorize and direct the City Manager to execute cost participation agreements: Corporate Woods (Kempsville Borough) sewer projects (CIP 6-316). Broad Meadows Shoppes (Bayside Borough) water projects (CIP 5-979) Rock Creek Phase 5 (Kempsville Borough) water projec"s (CIP 5-306) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, 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: Mayor Robert G. Jones cot4,rENT AN ORDINANCE TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT Rowe Properties-Corporate woods is developing certain property in the Kempsville Borough in accordance with the terms and conditions of city ordinances, and WHEREAS, in order for the developer to provide sewer service to this project, it is necessary for the developer to construct certain sewer facilities, and WHEREAS, the city has requested that the developer oversize the sewer system to provide gravity sanity system to the surrounding area, and WHEREAS, such construction is beyond the scope of the developer's project but will provide for future city needs and will prevent the city from incurring additional costs at a later date, and WHEREAS, the city desires to enter into a cost participation agreement with the city's share of the costs at $70,645 with such costs to be charged to capital project 6-316 Various Sewer Projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and directed to enter into a cost participation agreement with Rowe Properties-Corporate Woods for construction of certain sewer facilities. Said proposed agreement is hereby approved and attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the city of Virginia Beach, 14@ December Virginia on the _ day of 1987. CITY Or VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREMONT (SEWER) THIS AGREEMENT, Made this 15th day of October, 1987, by and between Rowe Properties - Corporate Woods hereinafter referred to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "City". WHEREAS, Owner is seized in fee simple of the property described in the deed dated October 14, 1987 by and between Rowe Properties - Corporate Woods Limited Partnership and the CITY OF VIRGINIA BEACH, and recorded in Deed Book 2593 at pages 2086 and 2087 with the terms and conditions of the City ordinances and agrees to conform to said ordinances; and WHEREAS, in order for Owner to provide sewer service to this Project, it is necessary for owner to construct certain sewer facilities; and WHEREAS, the CITY has requested that such construction be greater in scope than is necessary to provide service to this Project; and WHEREAS, such construction is of value to the City in providing service to customers other than those within the Project limits; NOW, THEREFORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that: 1. Owner shall construct a sewer system (hereinafter the "System") according to plans and specifications approved by the Department of Public Utilities, a copy of which is on file with the Department. 2. The City shall make cash payment to Owner in the amount of Seventy Thousand, Six Hundred, Forty-five dollars and no cents. (70,645.00) after successful completion of the System and acceptance thereof by the City in accordance with approved plans. 3. the City shall have the right at any time to make, connect, or permit the connection of any other sewer facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, owner hereby agrees that the System, including but not limited to sewer connections, sewer mains, laterals, pipes, and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the city harmless from any and all liability of whatever nature arising out of the design, approval, construction and/or installation of the System. In the event any claim is made against the City, either independently or jointly with owner, Lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the City against such claims. 6. This Agreement shall inure to the benefit of and be binding upon the parti6s hereto and their respective heirs, successors and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's office of the Circuit Court of the City of Virginia Beach, at Owner's expense. IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA BY DATE ATTEST: ROWE PROPERTIES-CORPORATE WOODS LIMITED PARTNERSHIP, a Virginia Limited Partnership BY ROWE DEVEL40PMENT COMPANY, (SEAL) A Virginia corporation, General City Clerk Partner By R gional Develop"dt Manager DATE ATTEST: A@ @ /,/@, @ (SEAL) Office Manager APPROVED AS TO CONTENTS: Depattmeht of Public Utilities APPROVED AS TO FORM: City Attorney's Office CERTIFIED AS TO AVAILABILITY OF Department of Finance6evv STATE OF VIRGINIA CITY OF VIRGINIA BEAQH 1, Robert ;, Pfeifer, a Notary Public in and for the City and State aforesaid, do hereby certify that Deborah K. Stearns and Rebecca L. Vega, Regional Development Manager and Office Manager, respectively, of Rowe Development Company whose names are signed to the writing above bearing date of October 15, 1987, have acknowledged the same before me in my City and State aforesaid. Given under my hand this .1@ day of October, 1987. My commission Expires October 27, 1989. W4 4 Notary PuiDlic u STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by and Ruth Hodges Smith, the City Manager and city clerk, respectively, of the City of Virginia Beach, this _ day of 1987. Notary Public My Commission Expires: WOODS SEWM COST PARTICIPATICN COST ANALYSIS D 7-127 City cost per agreen-ent $70,645.00 Sayings/ Sayings Assume one additonal purtp station needed to serve area Maintain punp station for 30 years Maintenance cost increases 5% year Tin-e value of money 10% Current annual ptmp station rwintenance cost $9,279/station Public Utilities ($9,279) (1+i) n I n i = 1.10 -1 = 4.76% 1.05 n = 30 Public Utilities (Cost savings) $147,000 ue: (pro rata punp station fee) 212 gpm x $325/gpm $ 68,900 7btal City cost savings/revenue due due to agreeuent $215,900 Net savings to City ($215,900 - $70,645) $145,000 JSW:mc 11/9/87 viiecii ve@@@@@, I 1- Leatr Develo; RD COLUMBLIS SourH[R br TE SE m@NU- I m IT AF DATORY SEWER CORPORATE WOOD! NNECTIONS TE SI@,ER IT AREA psville dows oil Kem I JHS EXHIBIT SHOWING CORPORATE WOODS AND OFF-SITE SEWER BENEFIT AREA D7-127 BLM 11/9/87 APPPOVED P,,S TO CO@ITENT AN ORDINANCE TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT EREAS, Talc Associates is developing certain property in the Bayside Borough in accordance with the terms and conditions of city ordinances, and WHEREAS, in reviewing the site plan, the Department of Public Utilities has asked the developer to oversize and extend the public water line, and WHEREAS, such construction is beyond the scope of the developer's project but will provide for future city needs and will prevent the city from incurring additional costs at a later date, and WHEREAS, the city desires to enter into a cost participation agreement with the city's share of the costs at $4,944 with such costs to be charged to capital project 5-979 Newtown Road. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and directed to enter into a cost participation agreement with Talc Associates for construction of certain water facilities. Said proposed agreement is hereby approved and attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the - 1 4 day of December 1 1987. It CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT (WATER) THIS AGREEMENT, Made this IRth day of 7iinp 1987, by-and between TATC Associates. a Vir@a cteneral @erghip hereinafter referred to as "Owner', and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "C.ity'. WHEREAS, Owner is seized in fee simple of Lots 1,2,3,4.5 and 6. Subdivision of Newtown - Broad Meadows Develo@t and . WHEREAS, Owner is desirous of improving the Project in accordance with the terms and conditions of the City ordinances and agrees to conform to said ordinances; and WHEREAS, in order for Owner to provide water service to this Project, it is necessary for Owner to construct certain water facilitiesi and WHEREAS, the City has requested that such construction be greater in scope than is necessary to provide service to this Project; and WHEREAS, such construction is of value to the City in providing service to customers other than those within the Project limits; NOW, THEREFORE, in consideration of the mutual promises and benefits accruing hereto, the parties agree that; 1. Owner shall construct a water system (hereinafter the *System") according to plans and specifications approved by the Department of Public Utilities, a copy of which is on file with the Department. 2. The City shall make cash payment to Owner in the amount of ($) 4-944 nn - after successful completion of the System and acceptance thereof by the City in accordance with the approved plans. 3 The City shall have the right at any time to make, connect, or permit the connection of any other water facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project 1 imits. 4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, including but not limited to water connections, water mains, valves, fittings and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Developer will indemnify, keep and hold the City free and harmless from any contractual liability of developer and from all cliams on account of injury to developer, leasee, purchaser or any other person, firm or corporation, or damage the property of the developer, lessee, purchaser or any other person, firm or corporation arising from or growing out of the design, approval, construction, and/or instailation of the said water distribution system. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at Owner's expense. IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA (City Manager) DATE ATTEST: (SEAL) City Clerk BY al Partner DATE '67 ATTEST: (SEAL) Secretary APPROV@D AS To CONTENTS: D 'ti..t of Public Utilities APPROVED AS TO FORM: City Attorney's office CERTIFIED AS TO AVAILABILITY OF FUNDS: Department of Finance V@,l@ 3 STATE OF CITY I I, Notary Public in and for the City and State aforesaid@ tify that w cl^,@ hil@@ and wy, respectively, of whose names are signed to the writing abye, bearing date of 'I/)Q- /'b-7 have acknowledged the same before me in my City and State aforesaid. Given under my hand this 1987. My Commission Expires Notary Pu STATE OF VIRGINIA CITY OF VIRGINI A BEACH, to-wit: ,The foregoing instrument was acknowledged before me by :and Ruth Hodges Smith, the City Manager and City Clerk, respectively, of the City of Virginia Beach, this day of 1987. Notary Public My Commission Expires: 4 COST BENEFTT ANALYSIS BROAD SHOPPES WATER COST PARTICIPATICN D 5-15 CDSt Cost per agreermnt $4,844.00 Sayings Assumptions: 1. Parallel 8-inch water line with another 8-inch line: 300 feet of 8-inch extending dawn Newtown Road. 300 feet x $25/foot $ 7,500 2. Maintenance costs at $385/1,000 feet, for 30 years- 300 feet x $385/1000 feet = $116.00 Maintenance costs increase 5% per year Time Value of money 10% Present Value = A(,J,,,.,,n . (J.. where A =$116.00 n =30 i =1.10 1 = 4.76% 1.05 Present Value, Maintenance Cost $1,800 3. Build 156 feet of 10-inch water line after paving is ccapleted, $40/foot 156 feet x $40/foot = $6,240 oDsts City cost without agreerrent ($7,500 + $1,800 + $6,240) = $15,540 Net Savings to City: $15,540 - $4,944 = $10,600 JSW: rrr 11/10/87 mo I HOLCOMS Pi 2 HARNFS$ CY 3 COACHMAN CT BROAD MEADOWS SHOPPES ioNCOND illiams UTURE 10" WATER LINE CIP 5-979 NEWTOWN ROAD vis EXHIBIT SHOWING BROAD MEADOWS SHOPPES WATER COST PARTICIPATION AGREEMENT D5-15 BLM 11/6/87 ,o c AN ORDINANCE TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT @;.,,-WHEREAS, Christopher/Wood Associates is developing certain property in the Kempsville Borough in accordance with the terms and conditions of city ordinances, and WHEREAS, in reviewing the site plan, the Department of Public Utilities has asked the developer to oversize and extend the public water line from the subdivision to Princess Anne Road, and WHEREAS, such construction is beyond the scope of the developer's project but will provide for future city needs and will prevent the city from incurring additional costs at a later date, and WHEREAS, the city desires to enter into a cost participation agreement with the city's share of the costs at $8,000 with such costs to be charged to capital project 5-306 Water Agreement Projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and directed to enter into a cost participation agreement with Christopher/Wood Associates for construction of certain water facilities. Said proposed agreement is hereby approved and attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 day of December 1 1987. CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT (WATER) THIS AGREEMENT, Made this 20 day of T,, 1 41 1987, by and between it. h@, W..d A Gnr.1 Par n rship hereinafter referred to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "City" WHEREAS, Owner is seized in fee simple of Rock Creek Phase V and WHEREAS, Owner is desirous of improving the Project in accordance with the terms and conditions of the City ordinances and aarees to conform to said o,ainances; and W-AEREAS, ;n croer for Owner tc Drovide water -@er,ice to t@is Project, i, is necessa-v for Owner to cons"ruct certain water facilities: ana WHEREAcl, the City has requested that such construction De greater in scope t@,ar) is necessary to provide service to this Project; and WHER@-AS, sucn construction is of value to the City in providing service to custome,s otier than those within the Project limits; NOW, 7HEREFORE, in consideration of the mutual promises and benefits ac:,uing he-eto, tne parties agree tnat: wa+er system (hereinafter the "System") e, s.-a., construct a accorcir,.c tc c'@an= anc specif@cations approved by the Department of Public Ut i lit i es. a coc@, of t-,ich is ar, f i le Hi th the Dep artr,,,ent . E. Tr)e --it@ s-all mate -as@ :,av@ent to Owner ir. t,.,e arount of (s) -_@8@QQO. 00 af ter successful comoletion of the System anc a::cedtance t@e-ecf bv the Cit@, in a@-cordan.-e w;th the a.oproved plans. I 3, The City shall have the right at any time to make, connect, or permit the connection of any other water faci.lity to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within and without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, Owner hereby agrees that the System, including but not limited to water connections, water mains, valves" fittings and all other facilities, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall 4ndemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction, and/or installation of the system@ In the event any claim is maoe aca@ns' he City, either inde@encentlv or jointly with Owner, lessee, or purchaser on account hereof, 'he Owner at its sole cost shall defend the City against such claim. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, and assigns. 7. Upon execution of this Agreement, it shall be recorded bv the City in tre @-lerk s Office of the Cir--uit Court of the City of Virginia Beach, Virc@r.ia. at f-,@ner's ex--ense. IN WITNESS OF, the partil-s hereto have executed and sealed this Agreement as of the day and year first above written. CITY OF VIRGINIA BEADI, VIRGINIA (City Manager) DATE -Christopher Wood Associates, General ATTEST: Partnership Ch ist (SEAL) ner lerk B Vice Pre4i DATE ATTEST: EAL) ry APPROVED AS TO CONTENTS: Utilities APPROVED AS TO FORM: City Attarney's'Office CERTIFIED AS TO AVAILABILITY OF FUNDS: 3 STATE OF CITY OF @@i,AJ;,A I , @@A @ -r , a Notary Public in and for the City and State aforesaid, do hereby certify that -@resident a d @s- eke p, of -Dco,co,whose names are signed to the writing above, bearing date of have acknowledged the same before me in my City and State aforesaid. Given under my hand this @-day of -suiti 1987. My Commission Expires @t(L Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was,acknowledged before me by and Ruth Hodges Smith, the City Manager and City Cierk, respectively, of the City of ttirginia Beach, this day of 1987. Notary Public My Comm4-sion Expires: 4 ENNE! SEE Cl, ci TURE 24" WATER LINE CIP 5-713 10 s & Recreat ROCK CREEK PHASE V PRINCE@S ROCK CREEK ANNE PARK EXHIBIT SHOWING ROCK CREEK PHASE V WATER COST PARTICIPATION AGREEMENT GIO-34 BLM 11/6/87 - 40 - Item III-L-5- CONSENT AGENDA ITF14 # 28527 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $5,350-55 upon application of Certain Persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Robert E. Fentress, Harold Heischober, Barbara li. Henley, 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: Mayor Robert G. Jones KRM NO@ C.A@ 8 REV W06 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications tor license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penafty lnt. Total Year Paid 0. W. L. Ltd. 241 Southgate Avenue Virginia Beach, VA 23462 1984-86 Audit 5,350.55 5,350.55 Certified as to Payment: @ert P. Vaughan missioner of the Revenue ,i. E5ale Bimson City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 5 3 5 0. 5 5 were approved by the Council of the City of Virginia Beach on the day of December 19 87 Ruth Hodges Smith City Clerk - 41 - Item III-M. ADJOURNMENT ITEM # 28528 Upon motion by Councilman Heischober and BY ACCLAMATION, City Council AWOURNED the Meeting at 6:29 P.M. B@,,@,ly . H@ Chief Deputy City Clerk /19 Hodgeg Smith, CMC bert City Clerk @.yor City of Virginia Beach Virginia