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VIRGINIA BEACH CITY COUNCIL
AGENDA
NovEmBER 9, 1987
ITIM I. COUNCIL CC) SESSION - 03nference Rom - 11:30 AM
A. CIIY COUNCIL @S
IM II. INFO@ SESSION - Cc)nfererice R= - 12: NOON
A. @ To ORDER - Mayor @ert G. Jory-@s
B. IULL CALL CP C(JJ@TT,
C. RBCESS TO SESSION
ITEM III. FO@ SESSION - Cc)unci.-I Ch@ - 2:00 PM
A. INVOCATION: Rwerend T@thy Pipkin
Calvary As@, bly of Ccd
B. PLEDGE OF ALLBGIANCE 'PO THP- FLAG CF THE UNITED ';TATES OF PMERICA
C. ELFICTMNIC ROLL CALL CP CIGY C(ii@IL
D. ADC)PTTON CF ITEMS FOR T@IE FORM%L AGENDA
E. MI=S
1. I@O@ & @@ SESSLONS - Novenber 2, 1987
PUBLIC
1. PLANt4I@
a. Appl3-cation of Jams E. Snyder for a Variance to Section 4.4(b)
of the Subdivision Ordinary--e which requires I ts created by
sLbdivision to met all the requircments of the Cbmprehensive
zonir,g ordinarre on proper-ty located 4429 Slac@ter lbacl
(BlackwatLr BDroLigh)-
Reccnmer,dation: APPIUVAL
b. Application of First @ist Church of: Virginia Beach for a
OD@itional Use Pernit for a church on @?roperty located at the
SDuth@st intersection of @wstead Drive an-i propos6d Ferrell
Park,zy, containj-ng 5 acr(,s (Princess Pnne BDroUgh) .
RecaTme@ation: APPIUVAL
c. Application of New Coveriant Presbyterian Church fc)r a
oDnditional Usp- Pennit for a parking lol-- on the SDutheast side
7f KEmpsville lba-J, 2UO feet more or less @th(,ast of: Stewart
Erive (1552 I@mpsville lbad) , containing 5. 34 acres (Kempsville
Boro@h) .
Rec ation: APPROVAL
d. Ppplication of Mr. and Mrs. rdchard L. @k fOr a
Cbrditional Use Permit for a si@le-farnily d@lli@ in @ AG-1
Agricultural District on the East s-ide of Blackvater RDED,
2428. 39 feet SDuth of Vtst Gibbs lbad (6436 Blac@ter lbad) ,
conta in ing I 0. 01 acre s ( Bi ac@ter Borough)
ibcommen-Jation: APPROVAL
G. RESOWTION
1. @solution to accept land by DEED CP GIFT frcrn Breeaen Devel t
@ration, a Virginia Corporation, to the City of Virginia Beach
for recreation areas (ThaLia @ace S2ction 'Ihree and 9halia oaks
S@tion One--KEmpsville Borough)
H. ODNSENT AGENDA
All matters listed und6x the (bnsent Pgerida are cc)nsidered in the
ordinary adurse of busi@ss by City Cburcil and will be enacted by one
niotion in the f-orm listed. If an itan is reincved frcm the (bnsent
@enda, it will be discussed and voted upon se@ately.
1. Ordinance upon SECOND READING to @ an(i APPROPRIATE a $20,000
grant frcm the alth of Virginia, Department of Mines,
Minerals, and Energy.
2. @quest of Princess Anne Hills residents foy sanitary @ service
uFon verification of 51% participation.
3. Low Bid tc) A & W CC)ntractors, Incorpc)rated, in the amou-it of
$327,090 fcr Sandbridge @ad @ter Line Capital Iniprovewnt Project
(CIP 5-712).
4. ordinance authorizing license refunds in the anolnt of $14,753.18
I. UNFINISHED BUSINESS
J. NIN BUSINESS
K. ADJOURNM=
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VIRGINIA BEACH CITY COUNCIL
AGENDA
9, 1987
IT'EM I. L CONFERENM SESSION - Omfererice R= - 11:30 Am
A. CIIIY @IL CCNCEI;NS
IT'EM II. INFO@ SESSION - @erence Wm - 12: NOON
A. CML TK) ORDER - Myor Robert G. Jones
B. ROLL CALL CP CCUkrIL
C. RUMSS TO SESS10N
ITEM III. FO@ SESSION - 2:00 pm
A. INVOCATION: Rwererid Timothy Pi@
Calvary Assembly of Cod
B. PLEDGE OF ALLE)GIANCE TO THE FLAG CP THE UNITED STATFS OF AMIERICA
C. ELECTMNIC ROLL CAILL Cr Cjjy CCUtElL
D. ADOPTION CF ITEMS FOR THE FORM%L AG@
E. MINUTES
1. INFO@ & FO@ SESSIOLZ - NovErnber 2, 1987
F. @C HEARIM
a. Application of James E. Snyder for a Variance to Section 4.4(b)
of the Subdivision Ordinance which requires lots created by
subdivision to meet all the requirements of the @rrehensive
Zc)ning ordinance on property located 4429 Blac@ter lbad
(Blackvater Borough) .
Recannendation: APPRUVAL
b. ppplication of First Baptist Church of Virginia Beach for a
oDnditi,onal Use Pei2nit for a church on property located at the
@uth@st intersection of @wstead Drive and propc)sed Ferrell
Parkuey, containing 5 acres (Princess Pnne BDrough) .
ReccrrmendatiDn: APPROVAL
c. Ppplication of New Coveriant Pre ian Church for a
aDnditional Use Pem- it for a parking lot on the SDutheast side
of KEmpsville Foad, 200 feet more or less Northeast of Stewart
Crive (i552 @mpsvj-lle Foad) , containing 5.34 acres (Kernpsville
Borough).
Re ation: APPROVAL
d. Ppplication of Mr. and Mrs. ldchard L. f]Dr a
Cbnditional Use Permit for a singl@fmay d@llirg in the AG-1
Agricultural Di ict on the East side of Blac@ter Ebad,
2428.39 feet SDuLh of @st Gibbs lbad (6436 Blac@ter Foad),
contai.ning 10. 01 acres (Mackvater Borough).
ibc@nd ation:
G. ON
1. Pesolution to accept land by nFm CP GIFR frcm Breeden Devel t
tim, a Virginia Corporation, to the City of Vixginia Beach
for recreation areas (Thalia @ar-e @ction @rLe and ihalia Caks
Section one--Kenpsville Borough)
H. CONSENT AGENDA
All matters listed under the Cbnsent Pgenda are cc)nsidered in the
ordi.nary course of business by City oduncil and will be enacted by one
motion in the fk)rm listed. If an item is rern(wed frcrn the Cbnsent
@er,da, it will be discussed and voted updn separately.
1. Ordinance upon SEOCND READING to @ and APPROPRIATE a $20,000
grant frcin the alth of V@inin, Department of @s,
als, and
2. @quest of Primess Anne FAlls residents for sanitary sewx service
upon verification of 51% participation.
3. Low Bid to A & W @acwrs, Incorpc)rated, in the amoLTit of
$327,090 fcr Sandbridge @ Water Lirie Capital @ Project
(CIP 5-712).
4. ordinance authorizing license refunds in the anomt of $14, 753. 18
I. UNFINISHED BUSINESS
J. NEN BUSINESS
K. ADJ
- 20 -
Item V-E.1
MINUTF,S ITEM # 28361
Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council
APPROVED the MINUTES of the INFORMAL & FOR14AL SESSIONS of November 9, 1987, as
CORRECTED.
Page 14, ITEM # 28328
The word "not" should be inserted after the word
liwerell and before the word "reasons".
Councilwoman Henley advised there were not reasons
discussed to establish a hardship which would
satisfy her concerns on this application.
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:
lione
Council Members Absent:
None
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 9, 1987
The COUNCIL CONCERNS SESSION of the VIRGINIA BEACH CITY COUNCIL was called
to order by Mayor Robert G. Jones, in the Conference Room, City Hall Building,
on Monday, November 9, 1987, at 11:30 A.M.
Council Members Present:
Albert W. Balko, 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:
John A. Baum (ENTERED: 12:46 P.M.)
Robert E. Fentress (ENTERED: 12:13 P.M.)
- 2 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 28314
The Mayor advised all items on the PLANNING AGENDA were CONSENT ITEMS.
Councilwoman McClanan referenced the application of First Baptist Church of
Virginia Beach for a Conditional Use Permit for a church on property located at
the Southwest intersection of Newstead Drive and proposed Ferrell Parkway,
containing 5 acres (Princess Anne Borough). (See Item ITI-F.l.b. of the
PLANNING AGENDA). Councilwoman McClanan requested an additional condition
relative landscaping standards be placed on this item.
- 3 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28315
Councilman Moss further reiterated his suggestions relative the CITY COUNCIL'S
FISCAL POLICY for the FY 1988-1989 OPERATING BUDGET, dividing them into four
(4) categories.
(1) Policy in regards to Capital Investment Issues
(Land Acquisition Special Project Account)-
intimately tied to Economic Development and
(Pay-As-You-Go) - a certain percentage of new
revenue growth would be designated for "Pay-As-
You-Go" Capital Improvements over and above the
base in a prior year.
(2) Revenue Expenditures - i.e., Services, Cost of
Living increases.
(3) City Council Support - i.e, Administative
Assistant, associated equipment and three hundred
square feet of office space
(4) Information to be included within the Budget
Document."
*Councilman Moss advised he could obtain the information in the fourth
category.
The City Manager advised there have been significant contributions in the
"Pay-As-You-Goll and there have been discussions of continuing or increasing
this impact. The City Manager complimented Councilman Moss on his endeavors and
advised the City Staff will prepare information relative the four categories
reiterated and advise advantages and disadvantages of these proposals.
ITEM # 28316
Councilwoman Parker shared further information relative the INTERNATIONAL TRADE
CONFERENCE. Andrew Young, the "Opening Speaker" advised Atlanta was the home
of "Coca-Cola". A Coke is nothing other than sugar colored water with no
redeeming value whatsoever, but yet it is known worldwide. One of the key
things the City needs to keep in mind is "advertising". Councilwoman Parker
referenced a recent newspaper article concerning $514,000 raised in Portsmouth
to assist in promoting their City in the Import-Export Market. Cities are
eagerly and aggressively pursing the market relative international trade both
importing and exporting. One of the key issues entails a survey of their
particular City to determine what is available in their markets. In Illinois
and Maryland a way of funding has been established at the State Level to
assist the small market. The Commercial Banks have a ceiling that is much too
high for them to be able to borrow money to travel oversees. This has been
accomplished through bonding. The Lieutenant Governor of Illinois made the
presentation at the INTERNATIONAL TRADE CONFERENCE.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28316 (Continued)
Vice Mayor Oberndorf inquired since the City was fortunate in having Stihl,
Hermes, and a number of other companies that originate in other countries, how
is the progress evolving relative the attempt of the City to become a Free
Trade Zone. Economic Development had been attempting to create a Free Trade
Zone as this would encourage more global interaction. The City Manager will
prepare a report relative same.
Vice Mayor Oberndorf inquired if Economic Development had conducted a survey
relative the interest of the businesses and a profile of the type of businesses
in the City and how these businesses that are not American based view their
abilities to assist this City and encourage other people in their native
countries.
The City Manager advised this would be an integral part of the strategic plan
being compiled for Economic Development.
Mayor Jones advised he had been appointed to the Advisory Board of a Magazine
entitled "MUNICIPAL FOREIGN POLICY" containing many interesting articles
relative local governments across the nation developing specific plans. The
City cannot rely on national government to be the exclusive agent of foreign
policy. The City must have its own policy to a certain extent.
ITEM # 28317
Councilwoman Henley advised she had been contacted by Roy Mann, the main firm
who prepared the BACK BAY MANAGEMENT PLAN. Jason Cortell & Associates was the
subsidiary firm in the preparation of this study.
Roy Mann has been following the development issues in the WATERSHED and
expressed interest in development in the southern part of the City. Roy Mann
is interested in following up with City Council the proposals reiterated in the
initial report relative the matter in which development would occur. Roy Mann
is currently performing a contract for Myrtle Beach and will be in this area
next week and indicated he would like to discuss some of the proposals and
what may be investigated as alternatives in the manner in which this area is
going to be developed. Roy Mann proposed some innovative means of developing
that portion of the City.
The WORKSHOP will be SCHEDULED for November 18, 1987, from 9:00 A.M. until
12:00 NOON in the City Council Conference Room for anyone interested in
attending.
Councilman Balko advised a decision must be made relative whether BACK BAY will
be Salt Water or Fresh Water.
Councilwoman Henley advised Roy Mann's area of expertise involves planning and
development. Jason Cortell performed the water quality aspect of the BACK BAY
MANAGEMENT PLAN. Roy Mann in the BACK BAY MANAGEMENT PLAN had proposed three
(3) levels of strategy.
The Staff, in discussion with Roy Mann, will explore various alternatives and
from this discussion attempt to develop three possible options.
Councilwoman Henley advised BACK BAY is only one facet in the manner in which
the Southern part of the City develops. Capital Improvements acquired and the
manner in which they are to be required has to be investigated as well. There
is going to be increased pressure to develop the back lands, not just the road
frontage. The Agriculture industry and the City's Comprehensive Plan will be
other factors involved as well.
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITF14 # 28318
Councilman Moss referenced three items available on the BOARD OF ZONING APPFALS
Agenda for November 18, 1987, i.e, variances for parking, set-backs. Depending
upon his evaluation of same, Councilman Moss might schedule possible
Resolutions for City Council's consideration at the City Council Meeting of
November 16, 1987.
Councilwoman Parker requested if a Meeting could be SCHEDULED with the Board
of Zoning Appeals to communicate what the City Council is attempting to
accomplish with the adoption of certain ordinances.
The City Manager advised the addition of two items to the City Council AGENDA:
An Ordinance to Accept and Appropriate $37,000 from the U.S. Department of
Housing and Urban Development for an Emergency Shelter Program and recognition
of the Virginia Beach Police Department realtive their NATIONWIDE
ACCREDITATION.
TTEM # 28319
Councilman Perry requested more efficient communication within the Planning
Department. Councilman Perry reiterated a situation in Newsome Farms relative a
permit. The City Manager will advise.
- 6 -
ITEM # 28320
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
November 9, 1987, at 12:05 P.M-
Council Members Present:
Albert W. Balko, 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:
John A. Baum and Robert E. Fentress
- 7 -
ITEM # 28321
Mayor Robert G. Jones entertained a motion to permit City Council to conduct
its EXECUTIVE SFSSION 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: III-G.l.
Upon motion by Councilman Balko, seconded by Councilman Perry, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, 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:
John A. Baum and Robert E. Fentress
- 8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
November 9, 1987
2:10 P.M.
Vice Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on
Monday, November 2, 1987, at 2:10 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 Timothy Pipkin
Calvary Assembly of God
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATFS OF AMERICA
- 9 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item III-D.1 ITEM # 28322
Councilman Fentress advised the addition of an Ordinance to Transfer $1,800,000
for the City Portion of Total Funds Necessary to Acquire the 24th Street Open
Space.
Item III-D.2 ITEM # 28323
The City Manager referenced the addition of an Ordinance to Accept and
Appropriate $37,000 from the U.S. Department of Housing and Urban Development
for an Emergency Shelter Program.
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 III-E.1
MINUTES ITEM # 28324
ADD-ON
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of November 2, 1987.
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
"Verbal Aye
Item III-E.2
ANNOUNCEMENT ITEM # 28325
ADD-ON
The City Manager advised this past weekend Aubrey Watts, Chief Wall, George
Notel, Accreditation Manager, Officer Doug McGibbon, assigned to Planning and
Analysis, and the City Manager had the opportunity to be in Rochester, New
York, for the final review and granting of an ACCREDITATION for the Virginia
Beach Police Department. This has been over 2 years in the making.
Chief Wall advised this was a National Set of Standards. Virginia Beach is the
fifty-fourth of approximately 17,000 police departments in the United States to
receive accreditation. The Commonwealth of Virginia has the largest number of
accreditations - 11 out of the 54. The work was done in conjunction with an
update and review of all policies and procedures. A team of outside experts
investigated prior to the official team to be assured all the Department was
headed in the right direction. The official team spent approximately 4 days
reviewing policies and procedures, investigating the operations, discussing
same with citizens and employees. The official team made their recommendation
to the Board on Saturday, November 7, 1987. On Sunday morning, November 8,
1987, the official RECOGNITION AND ACCREDITATION was granted to the City of
Virginia Beach as the tenth City in Virginia to be accredited.
Chief Wall expressed appreciation for the abundant support of the
administration and especially the City Manager.
1 2
Item III-F.l.
PLANNING ITEM # 28326
Mayor Jones DECLARED a PUBLIC HEARING on:
PLANNING BY CONSENT
a. JAMES E. SNYDER VARIANCE
b. FIRST BAPTIST CHURCH OF VIRGINIA BEACH CONDITIONAL USE PERMIT
c. NEW COVENANT PRFSBYTERIAN CHURCH CONDITIONAL USE PERMIT
d. MR. AND MRS. RICHARD L. COMSTOCK CONDITIONAL USE PERMIT
- 13 -
Item IV-F.1
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 28327
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
APPROVED in ONE MOTION Items III-F.l.a., III-F.I.b.*, III-F.l.c. and iii-
F.l.d. of the PLANING BY CONSENT AGENDA.
Item III-F.l.b. was AMENDED with the addition of a condition.
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:
"Councilwoman Henley voted a VERBAL NAY on Item III-F.l.a.
Council Members Absent:
None
- 14 -
Item III-F.l.a.
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 28328
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
APPROVED the application of JAMES E. SNYDER for a Variance to Section 4.4(b) of
the Subdivision Ordinance which requires lots created by subdivision to meet
all the requirements of the Comprehensive Zoning Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for James E. Snyder.
Property located at 4429 Blackwater Road. Plats
with more detailed information are available in the
Department of Planning. BLACKWATER BOROUGH.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, 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:
Barbara M. Henley"
Council Members Absent:
None
*Verbal Nay
Councilwoman Henley advised there were reasons discussed to establish a
hardship which would satisfy her concerns on this application.
Councilman Baum advised he had discussed with Donald Horsley the concerns of
City Council relative THE PLANNING BY CONSENT AGENDA and there should be
reasons reiterated relative hardships. Commissioner Horsley will bring this
matter before the Commission.
Councilwoman Parker requested the reasons for abstaining in the Planning
Commission Minutes be stated as to why Commissioners did not vote. The City
Council must always state their reason for ABSTENTION.
1 5
Item III-F.l.b
PUBLIC HEARING
PLANNING ITEM # 28329
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of FIRST BAPTIST CHURCH OF VIRGINIA BEACH
for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF FIRST BAPTIST CHURCH
OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR
A CHURCH R011871092
BE IT HEHEBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of First Baptist Church
of Virginia Beach for a Conditional Use Permit for
a church on certain property located at the
southwest intersection of Newstead Drive and
Proposed Ferrell Parkway. Said parcel contains 5
acres. Plats with more detailed infomation are
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
The following conditions shall be required:
1. No curb cuts on Ferrell Parkway.
2. Category III Screening shall be utilized along
Ferrell Parkway.
3. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of this 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 of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth
day of November Nineteen Hundred and Eighty-seven.
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
- 16 -
Item III-F.l.c.
PUBLIC HEARING
PLANNING BY GONSENT TTEM # 28330
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of NEW COVENANT PRESBYTERIAN CHURGH for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF NEW COVENANT
PRESBYTERIAN CHURCH FOR A CONDITIONAL USE PERMIT
R011871093
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of New Covenant
Presbyterian Church for a Conditional Use Permit
for a parking lot on the southeast side of
Kempsville Road, 200 feet more or less northeast of
Stewart Drive. Said parcel is located at 1552
Kempsville Road and contains 5.34 acres. Plats
with more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
The following condition shall be required:
The internal lot line separating the two parcels shall
be vacated.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth
day of November Nineteen Hundred and Eighty-seven.
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
- 16a -
SMTEMENT CF OONSENT
APPLICANT: @w Ccvenarit Presbytericn Church
APPLICATION: aDridit3-onal Lbe Permit
DESCRIPT'ION: Parking Lot
CI'IY CCULUIL SESSION: I\bvEM@ 9, 1987
THE UNDEE6IGNED (NNER OR LECAL IEPRESENTATIVE FOR THE @@R,
(cr Agent for the Cwner) , aAS REVIEWED THE COMITIUZ FOR APPROVAL
(RFQUIREMENTS) RIECMENDED BY THE VIRGINIA BEACH PLAMING CCn4ISSION
TO THE VIRGINIA BEACH CITY CCUBC@ FOR AFFIRMATIVE ACTION CN ll'HlS
DATE AS THC@ Y APPLY TO THE REFEREW-ED APPLICATION FOR AMENNEW TO THE
ZONING MAP CP @ CIIIY CE VIRGINIA BF-ACK VIRGINIA, AND HEREBY
AOMPTS AND AGREES TO:
1. @e internal lot line separating tlie t@ parcels shall
be vacated.
Owner
amer/Pttorncy ent
Date:
- 17 -
Item III-F.l.d.
PUBLIC HMING
PLANNING BY CONSENT ITEM # 28331
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of MR. & MRS. RICHARD L. COMSTOCK for a
Conditional Use Permit.
ORDINANCE UPON APPLICATION OF MR. & MRS. RICHARD L.
COMSTOCK FOR A CONDITIONAL USE PERMIT FOR A SINGLE
FAMILY DWELLING IN TIIE AG-1 AGRICULTURAL DISTRICT
R011871094
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Mr. & Mrs Richard L.
Comstock for a Conditional Use Permit for a single
famiy dwelling in the AG-1 Agricultural District on
the east side of Blackwater Road, 2428-39 feet
south of West Gibbs Road. Said parcel is located at
6436 Blackwater Road and contains 10.01 acres.
Plats with more detailed information are available
in the Department of Planning. BLACKWATER BOROUGH.
The following condition shall be required:
1. A 10-foot dedication is required to provide for an
ultimate 50-foot right-of-way along Blackwater
Road.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth
day of November Nineteen Hundred and Eighty-seven.
- 18 -
Item III-F.I.d.
PUBLIC HEARING
PLANNING BY CONSENT ITEM # 28331 (Continued)
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
8a
CF
APPLICANT: rlr. ard Mrs. R)-cha-rd L. Ccmstock
APPLICATION: Cbriditional Lbe PerTnit
DESCRIPTION: Single family dw-11-i@ in AG-1 District
CI'IY CCUTUIL SESSION: tbvember 9, 1987
THE UNDE@IGNED CKNER OR LEC-AL PEP@SINTATIVE FOR THE @R,
(or Pgent for the Owner) , HAS REVIEWED @@ CONDI'NONS FOR APPROVAL
(ICQUIREMENTS) RE12CM14IMED BY UE VIRGINIA BEACH @I@ COt44ISSION
TO THE VIRGINIA BEACH CITY C@W-IL FOR AFFIPMATIVE AC1'ICN ON THIS
DATE AS TIMY APPLY TO THE REFE@ED APPLICATION FOR AMENIMENT TO THE
ZONING MAP CF = CI'IY CE VIRGINIA BEACH, VIRGINIA, AND HEREBY
A=P'IS AND AGPEES TO:
1. A 10-foot delication is required to frcvide for an
ultimate 50-foc)t right-of@y along Blac@ter lbad.
Ovmer
Ey:
Cwn@/@torney@ent
L'ate:
- 19 -
Item III-G.l.a.
RESOLUTIONS ITEM # 28332
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
ADOPTED:
Resolution to accept land by DEED OF GIFT from
Breeden Development Corporation, a Virginia
Corporation, to the City of Virginia Beach for
recreation areas (Thalia Trace Section Three and
Thalia Oaks Section One--Kempsville Borough)
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
- 19a -
A RESOLUTION TO ACCEPT LAND BY DEED OF GIFT
FROM BREEDEN DEVELOPMENT CORP., A VIRGINIA
CORPORATION, TO THE CITY OF VIRGINIA BEACH
FOR RECREATION AREAS.
WHEREAS, Breeden Development Corp., a Virginia
corporation, has executed a Deed of Gift dated December 4, 1986;
and
WHEREAS, the said deed of gift is conveys with general
warranty 0.593 and 1.033 acres in the subdivision of Thalia
Trace, Section Three, Kempsville Borough, Virginia Beach,
Virginia and 0.249 acre in the subdivision of Thalia Oaks,
Section One, Kempsville Borough, Virginia Beach, Virginia; and
WHEREAS, the said deed of gift specifies that each of
the parcels are for recreation;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby accepts the following:
"PARCEL NO. 1 (RECREATION AREA) 0.593 ACRE"
and PARCEL 2 (RECREATION AREA) 1.033 ACRES"
as shown on that certain plat entitled:
"SUBDIVISION OF THALIA TRACE SECTION THREE
KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA
and "PARCEL 2 (RECREATION AREA) 0.249 ACRE"
as shown on that certain plat entitled:
"SUBDIVISION OF THALIA OAKS SECTION ONE
KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA
SCALE: 1'1=401 MARCH 1981 JOHN E. SIRINE AND
ASSOCIATES, LTD. SURVEYORS AND ENGINEERS
VIRGINIA BEACH, VIRGINIA".
Adopted by the Council of the City of Virginia Beach,
Virginia this 9 day of November 1987.
WCB/rab
AP@
T
CITY Ai i
- 20 -
Item III-G.l.b.
ORDINANCES
ADD-ON ITEM # 28333
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED, AS AMENDED*:
Ordinance to Transfer $1,800,000 for the City
portion of the total funds necessary to acquire the
24th Street Open Space.
*The words "Maritime Museum" shall be deleted from
the caption after the words 1124th Street".
The words "Maritime Museum" shall also be deleted
in the fifth Paragraph, third line after the words
"24th Street".
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, Vice Mayor
Meyera E. Oberndorf and John L. Perry
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss and
Nancy K. Parker
Council Members Absent:
None
- 20a -
REQUESTED BY: COUNCILMAN HAROLD HEISCHOBER
COUNCILMAN ROBERT FENTRESS
AN ORDINANCE TO TRANSFER $1,800,000 FOR THE
CITY PORTION OF TOTAL FUNDS NECESSARY TO ACQUIRE
THE 24TH STREET OPEN SPACE
WHEREAS, the citizens of the City of Virginia Beach have expressed their
desire for additional open space at the oceanfront, and
WHERF-AS, additional open space at 24th Street and Oceanfront adjacent to the
Maritime Historical Museum has become available at a total cost of $2,400,000,
and
WHEREAS, the City Council has agreed to enter into a contract to acquire the
parcel subject to contributions of $600,000 to be raised before December 1, 1987,
from private sources I and
WHEREAS, the remaining $1,800,000 may be provided by the transfer from the
following FY 1987-88 Capital Projects:
#3-979 Municipal Facilities Site Acquisition $1,600,000
#4-940 Lynnhaven Municipal Marina Renovation 200,000
0 000
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that $1,800,000 be transferred from Capital Improvement Projects #3-979
and #4-940 to acquire the 24th Street Open Space, and
BE IT FURTHER ORDAINED that these funds shall be matched by $600,000 of
private contributions.
This ordinance shall be in affect from the date of adoption.
Adopted this 9th day of November 1987, by the Council of the City of Virginia
Beach, Virginia.
- 21 -
Item III-G.l.c.
ORDINANCE ITEM # 28334
ADD-ON
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council APPROVED UPON FIRST RFADING:
Ordinance to Accept and Appropriate $37,000 from
the U.S. Department of Housing and Urban
Development for an Emergency Shelter Program.
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
- 21a -
ORDINANCE TO ACCEPT AND APPROPRIATE $37,000
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR AN EMERGENCY SHELTER PROGRAM
WHEREAS, the Stewart B. McKinney Homeless Assistance Act,
enacted by the Congress on July 22, 1987, provides $50 million
nationwide for an emergency shelter grants program; and
WHEREAS, this program provides grants to localities to
support homeless shelter programs and support services within
their boundaries; and
WHEREAS, there is a problem in providing shelter and support
services for the homeless in Virginia Beach; and
WHEREAS, the U.S. Department of Housing and Urban
Development has informed the City that $37,000 has been allocated
to the City of Virginia Beach for such homeless assistance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that a grant of $37,000 from the U.S. Department
of Housing and Urban Development for emergency shelter programs
is accepted.
BE IT FURTHER ORDAINED that the City Manager is authorized
to execute a Grant Agreement with the U.S. Department of Housing
and Urban Development accepting the grant of $37,000.
BE IT FURTHER ORDAINED that funds in the amount of $37,000
are appropriated to the Department of Housing and Community
Development for a pass-through to private, non-profit agencies
who will provide housing and services to the homeless.
BE IT FURTHER ORDAINED that the City of Virginia Beach will
comply with all requirements of this program of the U.S.
Department of Housing and Urban Development.
Adopted by the Council of the City of Virginia Beach on
day of , 1987.
First Reading: November 9, 1987 APPRE EiNi@
Second Reading:
DEPARTMENT
APPROVED AS TO LERAL
SUFFICIENCY AN,'
- 22 -
Item III-H.
CONSENT AGENDA ITF24 // 28335
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
APPROVED in ONE MOTION, Items 1, 3 and 4 of the CONSENT AGENDA.
Item 2 was voted upon separately.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, 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. ?erry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 23 -
Item III-H.l.
CONSENT AGENDA ITEM # 28336
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
ADOPTED upon SECOND RFADING:
Ordinance to ACCEPT and APPROPRIATE a $20,000 grant
from the Commonwealth of Virginia, Department of
Mines, Minerals, and Energy.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, 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:
John A. Baum
- 23a -
AN ORDINANCE TO APPROPRIATF A $20,000 GRANT FROM THE COMMONWEALTH
OY V-FRGINIA, DEPARTMENT OF MINFS, MTNERALS, AND ENERGY AND TO
TRANSFER $35,000 THE G SERVICRS BUDGET FOR THE MATCH
WHERFAS, the City of Virginia Beach has applied for and received a grant from
the Commonwealth of Virginia, Department of Mine, Minerals, and Energy, to
investigate energy conservation options in relation to long range planning at the
Municipal Center, and
WHEREAS, there is currently 390,000 square feet of offlce space at the Municipal
Center, excluding the School Administration Building, and
WHEREAS, office space at the Complex is anticipated to be 829,000 square feet by
2010, and
WHEREAS, heating and cooling the existing office space in FY 1986-87 cost the
city over $2,560,574, and
WHEREAS, the grant would be used to develop a master plan for
retention/expansion of the central plant system or the creation of zones, or
decentralized systems and to explore appropriate energy conservation opportunities
and development of cogeneration energy facilities, and
WHEREAS, the grant amount is $20,000 from the Department of Mines, Minerals, and
Energy with a $35,000 match from the City of Virginia Beach, and
WHEREAS, the funds for the match will be transferred from within the Department
of General Services or provided as "in-kind" services.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF TIE CITY OF VIRGINIA BEACH,
that the $20,000 grant from the Commonwealth of Virginia, Department of Mines,
Minerals, and Energy be accepted and appropriated, and
FIRST READING: November 2, 1987
SECOND READING: November 9, 1987 ADOPTED: November 9, 1987
BE IT FURTHER ORDAINED, that the $35,000 local match be provided by the transfer
of funds from within the Department of General Services Operating Budget.
This Ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Second -- day of November 1 1987.
- 24 -
Item III-H.2.
CONSENT AGENDA ITEM # 28337
Judge H. Calvin Spain, 704 55th Street Phone: 425-5772 represented Princess
Anne Hills and urged acceleration of this particular project
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
APPROVED:
Request of Princess Anne Hills residents for
sanitary sewer service upon verification of 51%
participation.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, 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:
John A. Baum
- 25 -
Item III-H-3-
CONSENT AGENDA ITEM # 28338
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
APPROVED:
Low Bid to A & W Contractors, Incorporated, in the
amount of $327,090 for Sandbridge Road Water Line
Capital Improvement Project (CIP 5-712).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, 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:
John A. Baum
- 26 -
Item III-H-4-
CONSENT AGENDA ITEM # 28339
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
ADOPTED:
Ordinance Authorizing License Refunds in the amount
of $14,753-18 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, 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:
John A. Baum
FORM NO. C A 6 REV. @b6 - 26a -
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 for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty lnt. Total
NAME Year Paid
D M R Inc.
T/A wooden Nickel
894 Wedgeon Road
Norfolk, VA 23513 1986-87 Audit 11.90 11.90
Safeway Stores Inc.
T/A Safeway Stores #369, #372
1301 West Hundred Road
Chester, VA 23831 1986-87 Audit 14,081.28 14,081.28
Select Temporary Service
770 Lynnhaven Pkwy, Suite 125
Va. Beach, VA 23452 1985-86 Audit 660.00 660.00
Certified as to Payment:
R'o6ert P. Vaughan
Commissioner of the Revenue
Approved as to
bi',/Da@e iii@-so@n'
ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $14 , 7 53 . 18 were approved by the Council
9 November 87
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
- 27 -
Item III-J.1
NEW BUSINESS TTEM # 28340
BY CONCENSUS, a JOINT MEETING with the City Council and the School Board of the
City of Virginia Beach will be SCHEDULED for November 30, 1987 at 3:00 P.M.,
prior to the PUBLIC HEARING of Appointments for the School Board.
Councilwoman Henley requested an AGENDA depicting certain guidelines of
discussion.
Councilman Moss requested information relative the fiscal target of the School
Board as the City Council would wish the School Board to work within the
framework of the expenditure of the tax policy the City Council is considering
adopting. The School Board's ability to live within this target should be
addressed and the items identified that cannot be placed within this target.
- 28 -
Item III-K.l.
RECESS TO EXECUTIVE
SESSION ITEM # 28341
In accordance with Section 2.1-344, Code of Virginia as amended, and upon
motion by Councilman Moss, seconded by Councilman Balko, City Council RECESSED
into EXECUTIVE SESSION for discussion of PERSONNEL MATTERS, PUBLICLY HELD
PROPERTY and LEGAL MATTERS, after which to RECONVENE and then ADJOURN (2:55
P.M.)
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.
Voting: 10-0*
Council Members Voting Aye:
Albert W. Balko, 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:
John A. Baum
*Verbal Aye
- 29 -
Item V-N.
ADJOURNMENT ITEM # 28342
Upon motion by Councilman Fentress, City Council ADJOURNED the Meeting at 4:48
P.M.
B., rly . 2k@ Meferad'- Oberndorf
Chief Deputy City Clerk Vice Mayor
@uth Hodges bert
City Clerk @yor
City of Virginia Beach
Virginia