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NOVEMBER 16, 1987 MINUTES @it@ C>f NTilr"-i@iEl 13@CA@" "WORLD'S LARGEST RESORT CITY" coul." -- ROBERI @, JON@, A, -,OR ME,@ @ B@0. ]O- . -ER, 1, JO- I @-1, 281 CITY HALL BUILDING -...s MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-@ [8041 427-4303 VIRGINIA BEACH CITY COUNCIL AGENDA 16, 1987 ITIM I. czo p - Cbnferenae Rocm - 9:30 Am ITIM ii. CITY 'S BRIEFINGS - ence rom - 11:30 AM A. 1988 LEGISLATIVE PACMGE B. MCREATION SITE DEDICATION FOLICY ITIM III. L SESSION - Omf@ 12:30 Pm A. CIIIY (XXJWIL CONCERQS ITEM IV. IWOBMAL @ION - Oonference 1-00 P14 A. CAU To ORDER - @yc)r Rcber-t G. Jones B. RDLL CALL CP CaJhU IL C. REMSS TO SESSION ITEM V. FIO@ SESSICN - Cbuncil Chamber 2:00 pt4 A. INVOCATION: RLvererd Mark Sandell Lynnhaven PreEbyterian (hlxch B. PLEDGE OF ALLMIANCE TO THE FIAG OF THE UNITF-D STATES OF @ICA C. ELBCTFONIC @ CAIL CE' CI'IY CCULCIL D. ADOPTION aF ITEMS FOR THE FO@ AGENDA E. 1. INFO@ & Fo@ SESSIOIZ - Nov(inber 9, 1987 F. P(IRT-TC 1. PLANNIM a. Appl-ication of Baker @ Associates f3Dr the discontinuatnce, c!losur,e and abandonnent of a pc)rtion of way beg iming at the Eastern boa0ary of @pshire Lane and extending in a SDu@asterly direction to the @stern bourdary of tbwto,,n Foad, containing 4530 s@re feet (Bayside Ebrou3h) DEF'EFX<ED 18D days for ccmpliance on Aucjust 10, 1987 Reccmmendation: @ APP b. Appl-ication of Frank Burns, Jr. @ Glen A. @f for a Variarice to Section 4.4(d) of the Subdivision ordinance pertaining to requiring lots created by a Subdivision to have direct access tc) a public street cn property located 203. 59 feet L\brth of the hbstern extremity of Shorehaven Erive (Lymhaven Borough). @ccmm@ation: APPRDVAL c. Application of Harrell & Harrell, inc., T/A Tr. market #10, Janes L. Harrell an-i C. W. Harrell & Associates for a Conditional @ Permit for gasoline pmps on property located cn the @st side of SDuth Lynnhaven lbad, 180 feet mcre cr less North of Lee Highlands BDulevard (483 SDuth Lyrinhaven Fbad) , containing 4.3 acres (Lynnhaven lbro@h). Reccnme@ation: WITHD@ d. Application of F. Wayne @skey, Jr. and @ Baye tion for a ChaMe of Zoning District Classification frcm FD-Hl Planned Ihit DevelopTient District to B-2 CcrrmLnity- Business District on the Vbst side of Mystic co7e Drive, south of @ore Erive on Lots 4 @ 11 and Parts of 5, 7, 8 and 10, fRock 35, Ccecm Park, cx)ntaining 18,120.96 square feet (13ayside Borough). Reccimnendation: APPROVAL e. Application of Oox Cable Inc., for a Cbrditional Use Permit for a line of sight relay device Ttower) on property located on the @st side of Princess Anne lbad b@inning at a Foint 340 feet mcre or less SDuth of Indian River lb@, containing 16,988 square feet more or less (Pungo ]3orough) . Re ation: DENIAL G. ORDINANCE 1. ordinance authorizing the (aty @ager to execute a contract with tbe City of Chesapeake for cost part]-cipat-n - the Lake Pipeline Project. H. All niatters listed under the Cbns,-,nt Pgenda are oc)nsidered in the orddnary cx)Lxse of business by City Cbuncil and will be enacted by orke in the form listed. If an it@ is rem(wed frcm the Cbnsent Pgenda, it will be discussed and voted upon separately. 1. ordinance to AMEND and RE)DRDAIN @ction 18-5.1 of the (bde of the City of Virginia Beach pertaining to inued use of denied/sus licenses. 2. Crdinance to @ and MO section 23-43 of the Cbde of the City of Virginia Beach pertainirg to trespass after waming. 3. Crdinmc,-, autbarizing the CLty @ager to execlite a M-M CP VACATION and QUI@ v@ting a 20-fOOt Utility easetnent across property of Cblonial PiezITnont I Joint VentLire. 4. ordinarce upon READING to AOMPT ard APPROPRIATE $37,000 frcm the Lbited @ates @partTLent of HDu-,ing and lkban Davelognent for 2n nr-y shelter progran- 5. crainance to TRANSFER $20,400 within the Departmexit of Mental @ th ' mental @tardation @ Substanae Abuse for relocatim @s of th@ Oldr Adult D,,y Trbt nd @d Services. 6. ordinmce appointing viemrs in the petition of Kemeth and Evelyn Reid for the closure of a partion of Old Domticn Par@y, Trant Berkshire (Lynnhaven BDroLigh). 7. Low Bid to A. Stanley @, im. in the anotnt of $827,237.74 for the ille SLiction @, aase II, SEction Cne (CIP 5-939) Litility project. 8. F@ DESIGN: Independerice I",levard III (CIP 2@31). I. UNFINIMM BUSINESS 1. Abstract of Votes in Gerieral Election, L\bvEmber 3, 1987. J. NEiq BUSINESS 1. TICN: MM@ - GovErnment Finmce Pesearch @nter 2. Interim Financial Sta@ for the period July 1, 1987, through september 30, 1987. K. ADJOURNMENR M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 16, 1987 The COMPREHENSIVE ZONING ORDINANCE WORKSHOP 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 16, 1987, at 9:30 A.M. Council Members Present: Albert W. Balko, John A. Baum, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Robert E. Fentress (ENTERED: 9:47 A.M.) Harold Heischober (ENTERED: 9:47 A.M.) John D. Moss (ENTERED: 10:52 A.M.) John L. Perry (ENTERED: 9:37 A.M.) - 2 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ZONING ORDINANCE WORKSHOP 9:30 A.M- ITEM # 28343 The Mayor advised the COMPREHENSIVE ZONING ORDINANCE was one of the most significant tasks before the City Council and extended appreciation to the Planning Commission for their arduous and intellectual efforts. Thomas Ammons, Chairman of the Planning Commission, advised the documents resulted in approximately a year and a half of significant endeavors. The most important areas the DRAFT of the COMPREHENSIVE ZONING ORDINANCE entalled: 1. Protection of Back Bay 2. Introduction of Conditional Zoning. 3. Problems associated with small lot development. 4. Problems associated with incompatible districts and incompatible uses within the same district. 5. Special Problems dealing with the two unique areas of the City: Resort Area and the Central Business District. 6. Certain Aesthetic Matters; i.e, fencing, landscaping, buffering. The Planning Commission voted unanimously to recommended the DRAFT of the COMPREHENSIVE ZONING ORDINANCE. Two Commissioners expressed concern in their dissent from this DRAFT relative a small portion of same dealing with zoning requirements in the North End zoning district relating to setbacks and lot coverage requirements, et cetera. Robert Scott, Director of Planning and David Sullivan, Assistant to the Director, addressed specific technical points relative the document. Planning Commissioners: Judith Dockery, Barbara J. Ferguson, Howard S. Myers, Jr. and Kenneth D. Barefoot were in attendance to respond to City Council concerns. Documents entitled: THE RECOMMENDED DRAFT OF THE COMPREHENSIVE ZONING ORDINANCE, A REPORT WITH RECOMMENDATIONS FOR IMPROVED MANAGEMT OF ENVIRONMENTAL RESOURCES, DRAFT DEVELOPMENT ORDINANCE REVISIONS, AND DRAFT LANDSCAPING, SCREENING & BUFFERING SPECIFICATIONS AND STANDARDS are hereby made a part of the record. Robert Scott referenced the Planning Commission's efforts relative aesthetic improvements contained in the "DRAFT" LANDSCAPING, SCREENING AND BUFFERING SPECIFICATIONS AND STANDARDS. The purpose and intent of the document is to provide a set of guidelines and standards for landscape plant materials and other landscape elements such as fences, walls and berms employed to minimize negative impacts of proposed uses on neighboring existing uses. The Planning Commission has suggested eight (8) SCREENING CATEGORIES: CATEGORY I - plant material with minimum height at planting of 3-4 feet and reaching an ultimate height of 8-10 feet at maturity. The intent of this category is to provide for low but thick landscaping to visually separate uses. CATFGORY II - evergreen plant material, branching to the ground, with a minimum height at installation of 5-6 feet and reaching an ultimate height of 20 feet at maturity. CATEGORY III - plant material, branching to the ground, with a minimum height at installation of 5-6 feet and reaching an ultimate height of 30 feet at maturity. These trees in CATEGORY II AND III are not really that capable of hiding anything, but more or less soften. - 3 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ZONING ORDINANCE WORKSHOP ITEM # 28343 (Continued) CATEGORY IV - shall consist of a combination of Categories I and III. The intent of this category is to provide landscaping with sufficient density, mass and height to physically and visually separate uses. The Planning Commission has recommended the placing of this as a standard condition where a great deal of separation is desirable. CATEGORY V - shall consist of the employment of fences, decorative walls or other physical or structural enclosures to separate dissimilar uses. The enclosure elements for this category shall be installed with the finish face of the enclosure element and buffer area located facing the lesser intensity uses. CATEGORY VI - shall consist of the empioyment of fences, decorative walls or other physical or structural enclosures in conjunction with Category I plant material to separate dissimilar uses. The enclosure elements for this category shall be installed with the finish face of the enclosure elements and buffer area with plant materials located facing the lesser intensity use. In those instances where the property abuts a public right-of-way, the enclosure elements for this category shall be installed with the finish face of the enclosure element and buffer area with plant materials located facing the public right-of-way. CATEGORY VII - shall consist of the employment of earthen berms either in conjunction with or without Category 1, 11, III or IV plant material to serve as a physical screen or buffer between uses. This CATEGORY would be utilized where broad separation and intense buffering is required; i.e, between heavy industrial areas. CATEGORY VIII - shall consist of a broad variety of plant material specifically adapted to thrive within close proximity to salt spray, sand, temperature and wind conditions found in areas of Virginia Beach located in the Chesapeake Bay or Atlantic Ocean Shoreline. An amendment was suggested to the Subdivision Ordinance which will require this type of uniform landscaping to be installed along that right-of-way line in cases where subdivisions abut a major arterial. In response to Mayor Jones suggestion relative the elimination of fences and turning the houses around so they face the street, Robert Scott advised of the disadvantages. On heavily traveled roadway, each one of those driveways represents an impediment to safe traffic flow. Mayor Jones advised putting an alley behind the house and the access would be from a garage in the rear. Robert Scott advised this was a possibility. The issue of alleys had come up and in some cases they worked very well and in others quite unsatisfactorily and tended to be a collection point for discardable material. These alleys are not always aesthetically pleasing. Mayor Jones cited the impressive example of Massachusetts Avenue in Washington, D.C. Councilman Perry advised on Kempsville Road, wooden fences just exist without shrubbery and are deteriorating. On Baker Road in Sajo Farms, they are allowing individual curb cuts to install garages in their back yards. Councilwoman McClanan referenced Page 35, SCENIC EASEMENTS is similar to the policy in effect when discussion of General Booth Boulevard ensued and she did not believe this a feasible possibility. Allowing individuals to select the scenic easement they desire is not a viable policy. Same needs to be consistent. Robert Scott advised he will check this particular item. - 4 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ZONING ORDINANCE WORKSHOP ITEM # 28343 (Continued) Councilwoman Henley inquired relative the capability for enforcement of maintenance on the buffered areas. Robert Scott advised the major disadvantage would be enforcement. Robert Loher is inquiring relative the possibility of requiring building permits for the installation of fences which would assure at that point the fence is installed properly. As far as catching problems in the beginning, this will add an additional element of work by the City Staff during site plan or subdivision review. An additional level of effort by the City Staff will most probably be involved with regard to following up on that when the individual sites are dealt with prior to final release. Councilwoman McClanan believed this should be approached in a more positive manner. An Ordinance should be written into the City Code that the individual would maintain this buffer, if located on private property. Councilwoman McClanan advised a number of landscape architects had informed her the lists of trees and shrubbery contained in the document are not low maintenance. A greater variety should be provided and a listing of those according to those that require less water. Councilwoman McClanan advised it appeared "Red Photiniall was to be the City Plant. Councilwoman McClanan advised Randy Jackson, Roger Huff and Eddie Barnes of Landscaping could devise a fairly expansive list. Councilman Perry requested this list denote the various areas in the City where certain trees thrive better. Councilwoman Henley believed some provisions should be made to assure the maintenance of the buffer. If these Ordinances are to be passed, without the ability to enforce same, more problems will be created. The ultimate cost to the City should be detailed. The City Manager advised he had requested the Staff to develop a fiscal impact statement to determine this ultimate cost. Said study shall be forwarded to City Council. Councilwoman Parker advised in Charlotte, North Carolina, the City performs this maintenance on private property and then bills the property owner. Councilman Baum requested handout material for the layman relative landscaping standards to be developed. Robert Scott advised a booklet entitled: "SPECIFICATIONS AND STANDARDS FOR THE PLANT MATERIAL" is available. Councilman Baum did not believe the combination fence and shrubbery would be feasible relative maintenance. Mayor Jones referenced the possibility of formulating a revision to the City Code requiring maintenance which the City Council could incorporate by reference in the conditions when same was APPROVED so the maintenance would run with the land. The question would then become one of enforcement. Councilwoman Henley referenced Page 31 under Section C. MAINTENANCE and whether same would be sufficient for an Ordinance. The City Attorney will advise. Robert Scott further advised one of the major elements was CONDITIONAL ZONING - Section 107 (h) on page 11 of the RECOMMENDED DRAFT OF THE COMPREHENSIVE ZONING ORDINANCE Conditional Zoning may be used in accordance with enabling legislation provided in the Code of Virginia. There are two different enabling legislations that apply to two different parts of the State. The City of Virginia Beach is subject to the more restrictive one. It is the policy of the City of Virginia Beach to encourage the voluntary proffering of conditions by the applicant in cases where the use of traditional zoning methods is inadequate to achieve certain desired goals and where the proffered conditions will offset identified problems to the extent that the proposed rezoning is thus acceptable; but to discourage its use where the proffered conditions do not sufficiently offset or are unrelated to identified problems or where traditional zoning methods are adequate to achieve certain desired goals. It is further the purpose to allow for complete and timely review and evaluation of the proffered conditions by the City Staff, the Public, the Planning Commission and the City Council. - 5 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ZONING ORDINANCE WORKSHOP ITEM # 28343 (Continued) Proffers shall only be accepted as conditions attached to the rezoning if they meet the following criteria; (1) the rezoning itself must give rise to the need for the condition: (2) such conditions shall have a reasonable relation to the rezoning; (3) such conditions shall not include a cash contribution to the CitY; (4) such conditions shall not include mandatory dedication of real and personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in subdivision (f) of Section 15.1-466 of the Code of Virginia; (5) such conditions shall not include payment for or construction of off-site improvements except those provided for in subdivision (j) of Section 15.1.-466 of the Code of Virginia; (6) no condition shall be proffered that is not related to the physical development or physical operation of the property; (7) all such conditions shall be in conformity with the Comprehensive Plan; (8) such conditions shall be capable of being readily and effectively enforced by the City of Virginia Beach at the time of development of the property; (9) such conditions shall be deemed necessary and sufficient to offset identified problems caused by the rezoning in a manner not made available by traditional zoning methods. All proffers shall be in writing and shall be in a form suitable for recordation in the deed books maintained by the Clerk of the Circuit Court of the City of Virginia Beach. No proffer shall be accepted by the City Council which has not received the approval of the City Attorney as to legal form and sufficiency. If an applicant wishes to utilize Conditional Zoning, it will most probably entail a longer period of time for the Staff to process that application than it would a similar application not using Conditional Zoning. This would most probably entail an additional thirty (30) days. This Ordinance does not allow for adjustments to be made after it reaches the Pla-'Ining Commission. If for some reason there is a need for adjustment, is must go back through the Process. This will assure the City Council being presented the same information as the Planning Commission. Relative No. 4 of the criteria, Robert Scott advised after further consultation with the City Attorney concerning dedicat4@ons of roadway, a clearer answer as to exactly what the impact would be shall be presented to City Council. Councilman Baum inquired as to what is the City's reasoning for requiring additional right-of-way relative a rural area. How can a donation of land be required that the City does not intend to use. The City's policies are not consistent. Councilman Baum inquired in addition to the Back Bay Study was there any committee that dealt with the land use in the rural area. Chairman Ammons advised this issue came to the Commission's attention because of the Frank Williams application and the Commission is aware of the presence of this issue. This is a residual issue that will be dealt with at a later time. Councilman Baum referenced setbacks, there should be more than 50 feet of setback in a rural area. If an individual has 100 acres, it does not make any sense to have a 150-foot width at the highway. There should be recognition of the key difference in these parcel sizes. Councilman Baum advised page 71 of this section was missing. Councilwoman Henley advised the City does not have a true rural area. True rural areas in other states have much larger lots than one acre which this City has in agricultural areas. In other states, this is actually R-1. The zoning ordinance allows suburban development in an agricultural area. Councilman Heischober inquired if there had been any attempt in codifying the RECONSIDERATION method. Robert Scott advised there had not been any attempt but they would be pleased to do so. Councilman Fentress referenced the section related to Bicycle Rental Establishments and Motor Vehicle Sales and Rental. The rental of mopeds was not included. There are two or three in the Beach Borough. - 6 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ZONING ORDINANCE WORKSHOP ITEM # 28343 (Continued) Councilman Moss inquired as to the evaluation of whether or not this was an affordable COMPREHENSIVE ZONING ORDINANCE in terms of the CAPITAL IMPROVEMENT impacts. Robert Scott advised the CZO would have some impact on a couple of elements of the Operating Budget relative additional personnel, but did not really relate to the CIP. There is an intermediate document, the Comprehensive Plan, which relates to the CIP by setting forth particular types of land use and particular densities of which that land use should revolve. The CZO does not set out major land use policy, but executes major land use policy. Councilman Moss suggested the adoption of a COMPREHENSIVE PLAN for every study area within the major COMPREHENSIVE PLAN. Robert Scott advised he believed the City's CZO addresses the appropriateness or inappropriateness of certain zoning categories in different parts of the City. The idea of limiting certain zoning categories to certain areas of the City is an appropriate idea and well established throughout the country. The idea of greater attention to different areas of the City in the Comprehensive Plan is also an appropriate idea. The very nature of the term "Comprehensivell means it has to apply to the City as a whole. This does not eliminate the possibility that greater attention could be paid to particular segments in various areas of the City. Councilman Moss inquired if there was anything that would legally prohibit the City from having an umbrella CZO and a number of mini CZO'S. The City Attorney advised the State Code required that a City have a CZO applicable to the whole City and then by the Zoning Districts, different requirements and regulations can be established. Zoning Districts could be in one part of the City that would not exist in another part. Vice Mayor Oberndorf requested Judith Dockery's opinion relative Conditional Zoning. Judith Dockery, Planning Commissioner, advised 11 people cannot totally agree on everything. The CONSENSUS of the PLANNING COMMISSION was that this document was their best recommendation. The applications have become more sophisticated. Vice Mayor Oberndorf inquired as to what happened to recommendations from other Advisory Boards. Judith Dockery advised they informed the RESORT AREA ADVISORY COMMISSION their input was desired. The Planning Commission never received total responses from the RAAC. Vice Mayor Oberndorf advised apparent garages for residential houses are being constructed that dwarf the original house on the lot. Some of these supplementary buildings are being built with plate glass windows. Vice Mayor Oberndorf has received a number of complaints from her area as well as Aragona Village. These almost resemble a second dwelling place and are beginning to take on the ramifications of a place to conduct business. Vice Mayor Oberndorf inquired if this could be addressed in the COMPREHENSIVE ZONING ORDINANCE. Robert Scott advised there must be language contained in the Comprehensive Zoning Ordinance relative the floor area of an accessory building shall not exceed a certain percentage of the floor area of a principal residence. The height in all residential districts cannot exceed thirty-five feet. Robert Scott noted this should be in the regulation section of accessory uses in the CZO. Councilwoman McClanan advised most of these supplementary buildings are erected for a purpose and that being as a residence. City Council requested the Ordinance be tightened to discourage the creation of garage apartments. - 7 - CITY MANAGER'S BRIEFINGS COMPREHENSIVE ZONING ORDINANCE WORKSHOP ITEM # 28343 (Continued) Councilman Fentress inquired relative the R-8 lots in the north end of the Resort Area. Robert Scott referenced Page 77 of the RECOMMENDED DRAFT OF THE COMPREHENSIVE ZONING ORDINANCE and advised the lots in this part of the City have been in existence before the creation of a Subdivision Ordinance or a Zoning Ordinance. There is no real clear ownership pattern. There is one section of North Virginia Beach which is a bit more orderly. The creation of a special zoning district has been proposed for that area of the City, a zoning Category that would be inappropriate anywhere else in the City. The R-5R Zoning Category has been suggested for this area. Councilman Heischober requested a recap of Planning Items addressed by City Council over the past six (6) months, advising which would have been good candidates for Conditional Zoning and which would have been candidates for Conventional Zoning. Councilman Moss requested illustrations relative the zoning categories be provided for those existing presently and in the future. Vice Mayor Oberndorf advised the Planning Commissioners present, as per request of City Council, the reasons for ABSTENTION be stated in the Planning Commission verbatims. On the Consent Agenda, especially relative Variances, the reason for the hardship should be stated. - 8 - CITY MANAGER'S BRIEFINGS 1988 LEGISLATIVE PACKAGE 11:30 A.M. ITE14 # 28344 The City Manager introduced Robert Matthias, Inter-governmental Relations Co- ordinator, who presented the 1988 LEGISLATIVE PROPOSALS for the City of Virginia Beach. (Copies of same are hereby made a part of the record). CHARTER CHANGES 1. Amortization of Non-Conforming Signs - Amending Section 2.02 adding Subsection (f) pertaining to the amortization of non-conforming signs and billboards. 2. Direct Election of School Board - The General Assembly should amend the Charter of the City of Virginia Beach to allow for a directly elected school board. 3. Tree Protection Ordinance - Pursuant to the stated wishes of the citizens and the Council, as of the 1987 Election, the General Assembly should allow the City of Virginia Beach through its City Charter or by General Law to have the right to provide for the protection and/or replacement of trees during land development and subdivision activities on private property. Councilwoman McClanan distributed her suggestions of revision. (Said revision is hereby made a part of the record.) Councilwoman McClanan believed her revisions reflected a more positive posture. Councilwoman McClanan will provide a copy of the Fairfax Ordinance relative Tree Protection. OTHER ISSUES: 4. Back Bay Restoration - The General Assembly should appropriate $250,000 to the City to be administered by the City for the construction of water control structures for drainage ditches flowing into the Back Bay and North Landing watersheds. 5. Business License Tax on Mini Warehouses - The General Assembly should amend the Code of Virginia to allow the taxation of mini warehouses or mini storage lockers under the business license taxation sections of the Code. There are many businesses operating from mini- warehouses that do not pay any taxes. 6. Commission on Transportation in the 21st Century - The City Manager has been co-ordinating Phase I and Phase II. The General Assembly should adopt a package of revenue enhancements for utilization by units of local government in the Commonwealth for transportation needs: Recordation tax or land transfer fee; Impact fees to be assessed on development for offsite infrastructure improvements; Expansion of old Conditional Zoning (this allows the proffering of money) to all Virginia jurisdictions; Provide through a change in the Code of Virginia for land zoning or use to be frozen on parcels identified as being impacted by a corridor for a proposed highway, local option gas tax. - 9 - CITY MANAGER'S BRIEFINGS 1988 LEGISLATIVE PACKAGE ITEM # 28344 (Continued) Relative Conditional Zoning, Councilman Moss suggested an amendment specifically requesting Conditional Zoning for the City of Virginia Beach. Robert Matthias advised he had intended to address these revenue enhancements all be applicable to Virginia Beach. 7. Contraband Forfeiture Act - The General Assembly should amend the Code of Virginia to enact a Contraband Forfeiture Act which allows the local law enforcement agency to seize any contraband article or property, which should automatically become the property of the local law enforcement jurisdiction for use in controlling drug and pornography trafficking and other illegal activities 8. Funding of Fducation - The General Assembly should raise the per pupil allocation for 1988- 89 to the amount recommended by the State Board of Education which reflects the actual cost of the Standards of Quality. This funding should not be at the expense of any other aid to localities. JLARC on November 24, 1987, will be releasing their study of Education, the Standards of Quality and the funding level for the next Biennium This information will be provided to City Council. 9. Funding for Courts Building - The General Assembly should amend either the Charter of the City of Virginia Beach or general law to provide through a series of increases in fines and fees related to the courts, sufficient funds for the City to pay for a master court facility. The Staff may have to return to City Council to request an Ordinance to request a Charter Change. 10. Going-Out-Of-Business Sale - The General Assembly should amend the Code of Virginia, Section 18.2-224, to allow localities to revoke permits for going-out-of business sales when co-mingling or adding merchandise is proven. Also, the General Assembly should limit additional items for sales beyond the 60-day permits, and allow localities the discretion to issue one additional 60-day permit. 11. Increased Funding for Mental Health/Mental Retardation and Substance Abuse - The General Assembly should appropriate sufficient funds to meet the needs of Virginials mentally ill, mentally retarded and substance abusing citizens as detailed in the State Board of Mental Health, Mental Retardation and Substance Abuse Services Funding Request and advocated by the Virginia Association of Community Services Boards and the statewide Coalition for Mentally Disabled Citizens of Virginia. 12. Indigent Health Care - This is a complex and growing problem which the General Assembly can begin to effectively deal with by: - 10 - CI7Y MANAGER'S BRIEFINGS 1988 LEGISLATIVE PACKAGE ITEM # 28344 (Continued) (1 ) Providing an annual obstetrical delivery grant to Virginia Beach of $100,000 or a minimum of 50 percent of the cost of delivery care for low income residents; (2) Requiring an equitable and adequate per capita distribution of health department funds so that each Virginia resident requiring mandated health department services will have an equal opportunity to receive them statewide; (3) Develop a regional grant program to provide for low income medical care. A regional program in Hampton Roads could address both medical care needs of low income persons and uncompensated care expenses of area hospitals. 13. Mining and Milling of Uranium - The General Assembly should establish a permanent ban on the mining and milling of uranium in Virginia. 14. Municipal Powers Expansion - The General Assembly should reverse Dillon's Rule by constitutionally conferring on cities and charter counties all powers not denied them by the Constitution, their Charter or laws enacted by the General Assembly. 15. Pendleton Child Service - Increased Appropriation - It is recommended that the General Assembly increase its appropriation to Pendleton Child Service Center from $200,000 to $300,000. This would enable the Pendleton Child Service Center to replicate the day treatment program in Chesapeake. 16. Pendleton Child Service Center - Relocation - It is recommended that the General Assembly appropriate $1,000,000 through the Department of Corrections for 50 percent of the costs of relocating Pendleton Child Service Center. 17. Operation of Mopeds - The General Assembly is requested to amend Section 46.1-172 of the Code of Virginia to redefine mopeds and put them in the same category as motorcycles, requiring moped operators to wear face shields, safety glasses or goggles, or have the moped equipped with safety glass or windshield and for the operators to be licensed. Due to time constraints, the balance of the items contained in the LEGISLATIVE PACKAGE will be discussed at the City Council Meeting of November 23, 1987. 18. Runaways and Secure Detention 19. Scenic Rivers Designation 20. Tax Exemption for Water Works equipment 21. Stop Work Orders 22. Virginia Beach Arts Genter 23. Virginia Beach Development Authority. AGRICULTURAL ISSUES 1. Grain Grade Standards 2. Farmers Wholesale Markets 3. State Registration for New Pesticides 4. Two-year Agricultural Course 5. Staffing Positions in the Extension Service. - 11 - CITY MANAGER'S BRIEFING RECREATION SITE DEDICATION POLICY 12:15 P.M- ITEM # 28345 Robert Scott, Director of Planning, advised the Subdivision Ordinance requires the developer set aside for purchase by the City a certain percentage of his land. This percentage is determined by the zoning on the property. In addition to this, the City will allow the developer to offer, if mutually agreeable to both the developer and the City, an amount of land, one-half that amount in size at no cost. Approximately $250,000 per year is budgeted for acquisition. The City does not have unlimited resources and cannot afford to advise everyone that the City wishes to purchase their land. It must be remembered that the City's goal is not always to provide active park space for each subdivision, or to require each subdivision to contribute the maximum, but to provide needed neighborhood amenities, varying in form depending on the circumstance, for the new residents of the City, within appropriate budget limitations. A recent Code Amendment reduces the waiver threshold size to 1/2-acre, and the current practice appears to be to require reservations, and not to accept dedications, if offered. Robert Scott reiterated the following RECOMMENDATIONS: 1. The City returns to the earlier policy of accepting dedications, where offered, but not an across-the- board basis. In many cases, reservations of a greater amount of land should be insisted upon where due consideration of the factors warrants same. The greatest benefit can be gained by purchase where the cost is reasonable, where density is high, and where the action will result in a park whose size and other characteristics makes it of significantly greater amenity than one that is 'half its size. 2. Negotiation with each developer should be an established part of the City's procedure that the City not be unduly constrained by hard-and-fast rules of operation, especially when they move the City toward unsatisfactory solutions. 3. Heavier emphasis should be placed on retrofitting existing neighborhoods with new parks. 4. More imaginative application of the Subdivision Ordinance in fulfilling its intent, especially with regard to small subdivisions. Since Council reduced the waiver threshold to 1/2-acre, the Staff and developers have had difficulty arriving at suitable solutions to administer the ordinance, because it often resulted in reservation of small, low- benefit, high-maintenance sites of great impact to the developer and of dubious value to the City. If this required open space were provided as, i.e, an increased landscape buffer along an abutting major highway, perhaps with landscape material within it, then the developer, the City and the future residents would all benefit to a greater degree. 5. The Subdivision Agreement forms should be restructured with accompanying policies to reflect the law and what the Council preference dictates: fair market value and purchase by the City at the soonest available time (as opposed to a five-year reservation). - 12 - CITY MANAGER'S BRIEFING RECRKATION SITE DEDICATION POLICY ITEM # 28345 (Continued) 6. A change in the budgetary procedure should be made to support the above mentioned recommendation. Whereas previously the City had budgeted specific sums of money in the CIP for specific sites (knowing in advance ,ihere they would be), it would seem necessary now to budget a sum of money for open space acquisition to be drawn from as needed. The problems and a possible solution to the Park Site Acquisition Policy expressed in a Memorandum to the City Manger and Deputy City Manger dated October 30, 1987, are herby made a part of the record. Robert Scott advised the Park System in the City consists of three (3) levels: (1) Highest Level (Regional Parks, i.e., Princess Anne Park, Bayville Parks, Munden Park -which serve most probably an entire Borough - consisting of approximately 75 or 80 acres). (2) Second Level (consisting of approximately 10 to 12 acres - A Junior High School frequently doubles as this a particular type of work and is located 1 or 2 miles from most of the residences of the City) (3) Third Level (Neighborhood Park within walking distance, within the Subdivision or in close proximity. These may range from 1/2-acre to 3 acres. To the extent of the budgetary and legal ability, one of these should be in close proximity to every subdivision developed within the City. An Ordinance with guidelines shall be developed and SCHEDULED for City Council's consideration relative delegating the authority to administer this Park Site Acquisition Policy to the City Staff. - 13 - ITEM # 28346 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 16, 1987, at 12:50 P.M- Council Members Present: Albert W. Balko, John A. Baurfl, 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 - 14 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM @4 28347 Mayor Robert G. Jones advised the Mayor, Vice Mayor and City Manager-Designate will not be in attendance at the City Council Meeting of December 14, 1987. BY CONSENSUS, City Council agreed to not CANCEL the City Council Meeting of December 14, 1987. However, only PLANNING BY CON T ITEMS will be SCHEDULED SEN for this Agenda. City Council will vote during the Formal Session to CANCEL the City Council Meeting of December 28, 1987. - 1 5 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 28348 Councilman Moss requested an item be added under NEW BUSINESS relative items before the Board of Zoning Appeals. ITEM # 28349 Councilwoman McClanan advised she had an inquiry of the City Attorney relative an Ordinance to AMEND and REORDAIN Section 18-5.1 of the Code of the City of Virginia Beach pertaining to continued use of denied/suspended licenses. (See Item V-H.1 of the CONSENT AGENDA.) Councilwoman McClanan also referenced an Ordinance to TRANSFER $20,400 within the Department of Mental Health, Mental Retardation and Substance Abuse for relocation costs of the Older Adult Day Treatment Program and Child and Youth Services.(See Ttem V-H-5 of the CONSENT AGENDA.) This item will be pulled for a separate vote. ITEM # 28350 Councilman Baum referenced an Ordinance to AMEND and REORDAIN Section 23-43 of the Code of the City of Virginia Beach pertaining to trespass after warning. (See Item V-H.2 of the CONSENT AGENDA). Councilman Baum requested a copy of all the items relative State Code References listed in the Agenda Request and a legal opinion pertaining to the actions of the landowners in rural areas regarding trespassing I ITEM # 28351 Councilman Heischober referenced FINAL DFSIGN: Independence Boulevard Phase III (CIP 2-831). (See Item V-H.8 of the CONSENT AGENDA). The City Manager advised this item will be pulled for a presentation by City Staff. Councilman Balko advised the overhead cost is $1/2-MILLION and the underground relocation is $1.5-MILLION. This seemed to be precedent setting. ITal # 28352 Councilman Perry advised he enjoyed reading the report of Councilwoman Parker relative the INTERNATIONAL TRADE CONFERENCE and inquired whether Third World Countries were discussed. Councilwoman Parker advised there was only discussion relative Sister Cities. ITEM 28353 Councilman Perry referenced the status of water and sewer on 1041 Newtown Road. The City Manager will advise. ITF14 28354 Councilwoman Parker referenced "Holidays on the Beach" scheduled for November 28, 1987. The Norfolk "Holidays in the City" are scheduled for the same day. - 16 - ITEM # 28355 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 16, 1987, at 1:00 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 - 17 - ITEM # 28356 Mayor Robert G. Jones entertained a motion to permit City Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Balko, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. 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 - 18 - F OR MA L S E S S ION VIRGINIA BEACH CITY COUNCIL November 16, 1987 2:10 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, November 16, 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 Mark Sandell Lynnhaven Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 19 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item V-D.1 ITEM 28357 Councilman Moss requested an item be added under NEW BUSINESS. Item V-D.2 ITEM 28358 Councilwoman McClanan referenced an Ordinance to TRANSFER $20,400 within the Department of Mental Health, Mental Retardation and Substance Abuse for relocation costs of the Older Adult Day Treatment Program and Child and Youth Services and FINAL DESIGN: Independence Boulevard Phase III (CIP 2-831). (See Item V-H. 5 and 8 of the CONSENT AGENDA.) These items will be pulled for discussion and a separate vote. Item V-D-3 ITEM # 28359 The Mayor advised Mrs. Delaney from the PTA will present a DRUG AWARENESS PROGRAM by Students of Virginia Beach High Schools (REACH). Item V-D.4. ITEM # 28360 The City Clerk advised of an ADD-ON Item relative consideration of CANCELLATION of the December 28, 1987 City Council Meeting. 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. - 20 - Item V-E.1 MINUTES ITEM # 28361 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SFSSIONS of November 9, 1987, as CORRECTED. Page 14, ITEM # 28328 The word "not" should be inserted after the word Ilwerell 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: None Council Members Absent: None - 21 - Item III-G.l. PLANNING ITEM # 28362 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING a. BMM NEWTOWN ASSOCIATES STREET CLOSURE b. FRANK BURNS, JR. VARIANCE AND GLEN A. HUFF c. HARRELL & HARRELL, INC. CONDITIONAL USE PERMIT T/A TR. MARKET #10 d. F. WAYNE McLESKEY, JR. CHANGE OF ZONING AND MORTONS BAYE CORPORATION e. COX CABLE HAMPTON ROADS, INC. CONDITIONAL USE PERMIT - 22 - Item V-F.l.a. PUBLIC HFARING PLANNING ITEM # 28363 Attorney Thomas Padrick, represented the applicant Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council AUTHORIZED FINAL APPROVAL of an Ordinance upon application of BAKER NEWTOWN ASSOCIATES for the discontinuance, closure and abandonment of a portion of Hampshire Road. Application of Baker Newtown Associates, for the discontinuance, closure and abandonment of a portion of Hampshire Way beginning at the eastern boundary of Hampshire Lane and extending in a southeasterly direction to the western boundary of Newtown Road. Said parcel is variable in width and contains 4530 square feet. BAYSIDE 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 "Verbal Aye ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS HAMPSHIRE WAY, LOCATED IN THE BAYSIDE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PORTION OF HAMPSHIRE WAY TO BE VACATED, BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA; SCALE 1" = 401, APRIL, 1987, RADE BY BASGIER AND ASSOCIATES," WHICH PLAT IS RECORDED IN TfiE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN DEED BOOK AT PAGE WHEREAS, it appearing by Affidavit that proper notice has been given by Baker Newtown Associates that it would make application to the Council of the City of Virginia Beach, Virginia, on June 15, 1987, to have the hereinafter described portion of the street discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said portion of the street be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described portion of the street be discontinued, closed and vacated: Beginning at a point on the Southwestern side of Newtown Road at the intersection of Parcel 3 and a Portion of Hampshire way To Be Vacated as shown on the plat as described below and from said point of beginning along a curve to the left having a radius of 1,641.881, an arc distance of 35.391 to a point; thence along a curve to the left, having a radius of 20.001, an arc distance of 34.70', to a point; thence North 63 degrees, 44" 17" West, 191.451 to a point; thence along a curve to the left, having a radius of 20.00', an arc distance of 33.501 to a point on the Eastern side of Hampshire Lane, as shown on said plat; thence along a curve to the right, having a radius of 20.00', an arc distance of 36.59', to a point; thence South 54 degrees, 26', 23" East, 187.421, to a point; thence along a curve to the right, having a radius of 20.00', ac arc distance of 31.88', to the point or place of beginning. (Said parcel containing 0.104 acres.) Said parcel of land being a portion of Hampshire Way, as indicated on that certain plat of property to be vacated, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book at Page and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. - 23 - Item V-F.l.b. PUBLIC HEARING PLANNING ITI2,1 # 28364 Glen Huff, 213 Winword Shore Drive, Phone: 481-0589, the applicant represented himself, and advised this was a correction to a technical problem. This property has been for at least 25 years served by a private road at the end of the cul-de-sac. In order to have this plat recorded, it is necessary to obtain the approval of City Council to authorize the filing with the variance approval for the private road. Bob Engesser, 5290 Vestry Drive, Phone: 499-3157, did not speak regarding the application. Information distributed by Bob Engesser is hereby made a part of the record. Upon motion by Councilman Balko, seconded by Councilrian Fentress, City Council APPROVED the application of FRANK BURNS, JR. and GLEN A. HUFF for a Variance to Section 4.4(d) of the Subdivision Ordinance pertaining to requiring lots created by a Subdivision to have direct access to a public street. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of Frank Burns, Jr., and Glen A. Huff. Property is located 203-59 feet north of the Western extremity of Shorehaven Drive. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Councilman Balko cited Evaluation B - the authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected; and, Evaluation C - The problem involved is not of so general or recurring a nature as to make reasonable practicable the formulation of general regulations to be adopted an an amendment to the ordinance. 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 - 24 - Item V-F.l.c. PUBLIC HEARING PLANNING ITEM # 28365 Steve Kecskes, One Columbus Center, Suite 100, Phone: 490-6000, represented the applicant and requested WITHDRAWAL OPPOSITION: Jo Ryan, 3028 Bowling Green Drive, Phone 340-0162, represented the Princess Anne Plaza Civic League and asked those in OPPOSITION to stand. Upon motion by Councilman Balko, seconded by Councilwoman McClanan, City Council DENIED an Ordinance upon application of HARRELL HARRELL, INC., T/A JR., MARKET #10, JAMES L. HARRELL AND C. W. HARRELL ASSOCIATES for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF HARRELL & HARRELL, INC., T/A JR., MARKET # 10, JAMES L. HARRELL AND C. W. HARRELL & ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR GASOLINE PUMPS Ordinance upon application of Harrell & Harrell, Inc., T/A Jr., Market #10, James L. Harrell and C. W. Harrell & Associates for a Conditional Use Permit for gasoline pumps on certain property located on the west side of South Lynnhaven Road, 180 feet more or less north of Lee Highlands Boulevard. Said parcel is located at 483 South Lynnhaven Road and contains 4.3 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN 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 - 25 - Item V-F.l.d. PUBLIC HEARING PLANNING ITEM # 28366 F. Wayne McLeskey, 2859 Virginia Beach Boulevard, the applicanl, represented himself. Wayne McLeskey distributed copies of a letter from J. D. Banagan, Real Estate Assessor, dated August 13, 1987, advising that Parcels F 2-4 (3) BK 35 Pt of 5,7,8,10 and F 2-4 (3) BK 35 1-4 and 11, have been assessed as commercial (B-2 zoned) property since fiscal year 1979 and an old zoni.,ig map in 1973 which depicted the property as commercial (LC-3)- (Said documents are hereby made a part of the record.) Soinehow over a period of time, the zoning maps changed. Wayne McLeskey requested the Conditions be AMENDED, with the Category III landscaping being 5 feet behind the fence, and underground utilities shall be in the remaining 10 feet; and, there be a five (5) foot Reservation rather than Dedication. Wayne McLeskey was SCHEDULED for a request for a Variance to side line set-backs from existing paper streets at the Board of Zoning Appeals Meeting on November 18, 1987. Roy G. Parks, Land Management Corporation, Suite 106, 2859 Virginia Beach Boulevard, Phone: 340-1251, represented the applicant. Attorney Deborah Rawls, represented the Mariner's Landing Homeowners and requested DEFERRAL to enable the residents to meet with Wayne McLeskey to arrange proffers. John H. Vivadelli, Ocean Tides Drive, Phone: 446-6442, represented the Mariner's Landing Homeowners, and requested a deed restriction encompassing proffers requested by the Mariner's Landing Homeowners for approval by the City Attorney. John Vivadelli requested a buffer between the back fence of the Homes and the back of 14ayne MeLeskey's building, as well as restrictions relative the type of deveiopment in the B-2 property. The City Clerk advised she had received a telephone call from the Mariner's Landing Civic League requesting DEFEIRAL. The Mayor advised he had received a letter, as well. Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council DEFERRED until the City Council Meeting of November 23, 1987, the Ordinance upon application of F. WAYNE McLESKEY, JR. AND MORTONS BAYE CORPORATION for a Change of Zoning District Classification. This DEFERRAL will enable the presentation of a Deed Restriction for review by the City Attorney prior to presentation to City Council. ORDINANCE UPON APPLICATION OF F. WAYNE McLESKEY, JR., AND MORTONS BAYE CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM PD-HL to B-2 Ordinance upon application of F. Ilayne McLeskey, Jr., and Mortons Baye Corporation for a Change of Zoning District Classification from PD-HL Planned Unit Development District to B-2 Community-Business District on the west side of Mystic Cove Drive, South of Shore Drive on Lots 4 & 11 and Parts of 5, 7, 8 and 10, Block 35, Ocean Park. Said parcel contains 18,120.96 square feet. BAYSIDE BOROUGH. - 2'0 - Item V-F.l.d. PUBLIC HEARING PLANNING ITEM # 28366 (Continued) Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, liarold 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: Robert E. Fentress Council Members Absent: iqone - 27 - Item V-F.l.e. PUBLIC HEARING PLANNING ITEM # 28367 Attorney R. J. Nutter, represented the applicant, and distributed a photograph of a similar 100-foot tower located in Portsmouth. The Tower will be located 240 feet from Princess Anne Road and 340 feet from Indian River Road. Frank Bowers, 3393 Herons Gate, Phone: 463-6216, Vice President and General Manager of Cox Cable Hampton Roads, Inc., advised the proposed Tower will enable Cox to provide in the neighborhood of 2,000 to 4,000 individuals with Cable Service in the southern portion of Virginia Beach and will enhance the existing service to 10 - 12,000 residents bothered by excessive outages and inadequate picture quality. Dana Coltrin, 5200 Cleveland Street, Phone: 497-1071, Operations Manager, represented Cox Cable Hanpton Roads, Inc., and advised the methodology for selection of the proposed site. G. I'layne Richard, 1785 Princess Anne Road, Phone 426-6655, 421-7413, advised the proposed location for the Tower was 13 feet from his property line. Wayne Richard further advised the Tower was 194.23 feet from Princess Anne Road and not 240 feet as reiterated by Attorney Nutter. Wayne Richard distributed photographs. (Said photographs are hereby made a part of the record.) Wayne Richard further advised of health considerations relative microwave exposure. Upon motion by Councilwoman Henley, seconded by Councilwoman Parker, City Council DENIED an Ordinance upon application of COX CABLE HAMPTON ROADS, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF COX CABLE HAMPTON ROADS, INC. FOR A CONDITIONAL USE PERMIT FOR A LINE OF SIGHT RELAY DEVICE (TO@lrjR) Ordinance upon application of Cox Cable Hampton Roads, Inc., for a Conditional Use Permit for a line of sight relay device (tower) on certain property located on the west side of Princess Anne Road beginning at a point 340 feet Tqore or less south of Indian River Road. Said parcel contains 16,988 square feet more or less. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. Voting: 6-5 Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, John L. Perry Council Members Absent: None - 28 - Item V-G. 1 . ORDINANCE ITRM # 28368 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance authorizing the City Manager to execute a contract with the City of Chesapeake for cost participation in the Lake Gaston Pipeline Project. 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 1 AN ORDINANCE REQUIRING THE CITY MANAGER 2 TO EXECUTE THE CHESAPEAKE-VIRGINIA BEACH 3 CONTRACT FOR PARTICIPATION IN THE 4 LAKE GASTON PIPELINE PROJECT 5 6 7 WHEREAS, the permit granted by the Army Corps of 8 Engineers to the City of Virginia Beach, Virginia, allowing 9 construction of the Lake Gaston Pipeline Project references 10 Chesapeake as receiving ten million gallons per day, or one-sixth 11 of the total functional capacity of the pipeline project; and 12 WHEREAS, the City of Virginia Beach has, to date, been 13 acting independently in pursuit of the Lake Gaston Pipeline 14 Project; and 15 WHEREAS, the City of Chesapeake has indicated an 16 interest in participating financially in the Lake Gaston Project, 17 and the City Councils of Chesapeake and Virginia Beach have made 18 the decision that the best and most efficient manner for both 19 Cities to participate financially in the Lake Gaston Project is 20 by both cities entering into the attached Contract; 21 22 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE 23 CITY OF VIRGINIA BEACH, VIRGINIA: 24 1. The City Manager is hereby authorized, directed and 25 required to execute the attached Contract with the City of 26 Chesapeake for cost participation in the Lake Gaston Project. 27 28 Adopted by the Council of the City of Virginia Beach 29 this 16th day of November, 1987. 3 0 31 KJC/dhh 32 11/12/87 33 CONTRACT.ORD 34 - 29 - Item V-H. CONSENT AGENDA ITEM # 28369 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council APPROVED in ONE MOTION Items 1, 2, 3@ 49 6 and 7 of the CONSENT AGENDA. Item 5 and 8 were pulled for a separate vote. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, 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. Pe,ry Council Members Voting Nay: Councilman John D. Moss VOTED a VERBAL NAY on Item V-H.6 Council Members Absent: Robert E. Fentress - 30 - Item V-H. 1 . CONSENT AGENDA ITEM # 28370 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 18-5.1 of the Code of the City of Virginia Beach pertaining to continued use of denied/suspended licenses. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, 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: Robert E. Fentress 1 AN ORDINANCE TO AMEND AND REORDAIN 2 THE CODE OF THE CITY OF VIRGINIA 3 BEACH, BY ADDING SECTION 18-5.1 4 PERTAINING TO CONTINUED USE OF 5 DENIED/SUSPENDED LICENSES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That the Code of the City of Virginia Beach is hereby 10 amended and reordained by adding Section 18-5.1 to read as 11 follows: 12 13 14 Section 18-5.1. Revoked, Denied or Suspended License - Penalty 15 for Operation. 16 17 18 a. It shall be unlawful and unless otherwise provided, 19 a class 1 misdemeanor, for any person who has been denied a 20 license or whose license has been suspended or revoked because of 21 failure to meet or maintain eligibility criteria established by 22 this chapter, to engage thereafter in the business, profession or 23 activity for which the license is denied, suspended or revoked. 24 Each day of operation shall be a separate violation of this 25 section. Conviction of such violation shall not relieve any 26 person from the payment of any license tax imposed by this 27 chapter. 28 b. For purposes of this section, no license shall be 29 deemed to be denied, suspended or revoked, except after written 30 notice mailed or personally delivered to the applicant or 31 licensee stating the basis for such proposed action, and setting 32 forth a time and place for a hearing before the commissioner of 33 revenue or his designee. After a hearing on the issues or in the 34 event that the applicant or licensee shall fail to appear the 35 commissioner of revenue may refuse to issue or may suspend or 36 revoke such license if he determines that the applicant or 37 licensee has not met or has failed to maintain any required 38 criteria, including, but not limited to zoning, insurance 39 coverage and financial accountability, established by this 40 chapter. 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on the 16tb day of November 1 1987. 43 44 WEB/epm 45 06/18/87 46 10/27/87 47 CA-02321 48 \ordin\proposed\18-005-l.pro 49 2 - 31 - Item V-H.2. CONSENT AGENDA ITEM # 28371 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 23-43 of the Code of the City ol- Virginia Beach pertaining to trespass after warning. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Barbara M. Heilley, 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 14embers Absent: Robert E. Fentress APPROVED AS TO CONTENTS E'DARTA@'NT APP"Ci@"!@D A-', TO Lr(-,AL 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 23-43 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, PERTAINING 4 TO TRESPASS AFTER WARNING. 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 23-43 of the Code of the City of Virginia 9 Beach is hereby amended and reordained to read as follows: 10 11 12 Section 23-43. Trespass after having been forbidden to do so. 13 14 if any person shall, without authority of law, go upon 15 or remain upon the lands, buildings or premises of another, or 16 any part, portion or area thereof, after having been forbidden to 17 do so, either orally or in writing, by the owner, lessee, 18 custodian or other person lawfully in charge thereof, or after 19 having been forbidden to do so by a sign or signs posted on such 20 lands, buildings, premises or part, portion or area thereof, at a 21 place or places where it or they may be reasonably seen, or if 22 any person, whether he is the owner, tenant or otherwise entitled 23 to the use of such land, building or premises, goes upon, or 24 remains upon such land, building or premises after having been 25 prohibited from doing so by a court of competent jurisdiction @ 26 an order issued pursuant to Code of Virginia sections 16.1-253( 27 16.1-253.1, 16.1-279, 16.1-279.1, or an ex parte order issued 28 pursuant to Code of Virginia section 20-103, and after having 29 been served with such order, he shall be guilty of a Class 1 30 misdemeanor. This section shall not be construed to affect in 31 any way the provisions of Code of Virginia sections 18.2-132 32 through 18.2-136. 33 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia, on the 16th day of November 1987. 36 37 WEB/epm 38 07/09/87 39 CA-02282 40 \ordin\proposed\23-043.PRO 41 42 - 32 - Ttem V-H.3. CONSENT AGENDA ITE14 # 28372 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council ADOPTED: Ordinance authorizing the City Manager to execute a DEED OF VACATION and QUITCLAIM vacating a 20-foot utility easement across property of Colonial Piedmont I Joint Venture. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker aild John L. Perry Council Members Voting Nay: None Council Members Absent: Robert E. Fentress I AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A DEED OF VACATION 3 AND QUITCLAIM VACATING A 20' UTILITY 4 EASEMENT ACROSS PROPERTY OF COLONIAL 5 PIEDMONT I JOINT VENTURE 6 7 WHEREAS, Colonial Piedmont I Joint Venture, a North 8 Carolina General Partnership, hereinafter "Colonial" is the fee 9 simple owner of that certain piece of property designated as "NIF 10 COLONIAL PIEDMONT D.B. 2357, PG. 291" on that certain plat 11 entitled: VACATION PLAT OF 201 UTILITY EASEMENT FOR COLONIAL 12 PIEDMONT I," dated June 17, 1986, and prepared by Langley and 13 McDonald, Engineers-Planners-Surveyors, a copy of which is 14 attached hereto and made a part hereof as Exhibit "A." 15 hereinafter the "Property;ll and 16 WHEREAS, by plat recorded in the Clerk's Office of the 17 Circuit Court of the City of Virginia Beach, Virginia, in Map 18 Book 182, at Page 22, colonial dedicated to the City of Virginia 19 Beach a 201 utility easement as shown as the shaded area on the 20 plat entitled: "SUBDIVISION PLAT OF GREENE PROPERTY AS SHOWN ON 21 M.B. 146, P. 41, M.B. 155, P. 35, AND M.B. 181, P. 32,11 dated -z2 June 25, 1984, and prepared by Langley and McDonald, Engineers- 23 Planners-Surveyors, a reduced copy of which is attached hereto as 24 Exhibit 'IB,ll hereinafter "Easement:ll and 25 WHEREAS, Easement was dedicated pursuant to the terms 26 of a purchase contract whereby Colonial purchased from Earle W. 27 Greene that certain tract of land with the stipulation that said 28 land would be subdivided into Parcel 1 (to be owned by Mr. 29 Greene) and Parcel 2 (to be owned by Colonial), as shown on said 30 Exhibit "B," and that Mr. Greene's parcel would be provided with 31 sewer, water, and drainage facilities; and 32 WHEREAS, Mr. Greene objected to the cost sharing ratio 33 for the installation and construction of the sanitary sewer line 34 and subsequently chose a less expensive pre-existing sewer 35 alternative located on Kempsville Road which adequately serves 36 Parcel 1; and 37 WHEREAS, on November 20, 1984, the Department of 38 Utilities approved a revised site plan submitted by Langley and 39 McDonald which proposed to vacate the Easement as shown as the 40 shaded area on that certain plat entitled: "SITE PLAN OF 41 COLONIAL SELF STORAGE KEMPSVILLE ROAD & INDIAN RIVER ROAD 42 KEMPSVILLE BOROUGH VIRGINIA BEACH - VIRGINIA," hereinafter 43 "Revised Plan," a reduced copy of which is attached hereto as 44 Exhibit "C." The site plan referenced herein also indicated that 45 a private sewer line would serve the Colonial parcel; and 46 WHEREAS, it was the intention of Colonial and the 47 Department of Utilities to vacate the easement when the revised 48 plan was approved so that no public easement would run through 49 this site, where no public benefit existed. 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 51 CITY OF VIRGINIA BEACH, VIRGINIA: 52 That the easement to be vacated is in excess of the 53 needs of the City of Virginia Beach and is hereby vacated; and 54 That the city Manager is hereby authorized to execute a 55 Deed of Vacation and Quitclaim between the City of Virginia Beach 56 and Colonial Piedmont I Joint Venture, releasing the city's 57 interest in the easement to be vacated, a copy of which is 58 attached hereto and made a part hereof as Exhibit "D.11 59 Adopted by the Council of the City of Virginia Beach, 60 Virginia, on the 16th day of November 1987. 61 62 RCP/sam 63 08/11/87 (CPIJV.ord) 64 APPRQVED AS TO CONI'r,, i.) It) SIGNATURE DEPARTMENT APPROVED AS TO L@'G@@L SUFFIC[EiNCY Ar- c", 2 ,@@DIREC7-OR OF PI APPROVED:---- p DIRECROR OF Pt, NIF MIN7-ER N 1.9002'17 "E U.B. 140 PG. 41 569'20'49"E 232.33, NIF @S o@22-7"W GRZ COLONIAL PIEDAVIVT' 104.4@ D.8 D.B 2357 PG 2-91 Lor 129 DB2 4 /Wg 146 PG. 41 2247"W 15 6925'05'@ A- c 22 7'43'W-- - O'UTILITY 0 -N 19, F- 9700' NIF N LAKE$ SEC7-ION NIF rHE SOURHL N 70'5 7 @W /WB 92 PG 52 EMPL 0 YEES T, r 26.00 D.8 2060 PG. 143 H 47"W Al.B 133 PG 28 O@@E s 19,33,55,,w NIF 139.40' @4-i- - - - PIZZA HUT OF@ NIF AMERICA INC S 7002.3@5"E D.8 2224 Pa 1240 -@7@ RICHAfOlVD VENTURE MB 155 PG 35 D. B. 2312 PG. 1165 N.B. 141 Pa. 25-A M.8 148 PG. 43 IVIF HEATH, NELLIE IW. TING MS 29 PG 14 r-@ IEOXISU rIL / 7- Y ESM'T M.B. 147 Pc,,do AIB 155 PG 35 DB 403 PG. @6 N 70@2 178.98 NIF H- IO'PRIVA7-E U71LITY E51w,r A - 20'CROSS RECIPI@OCAL HEA TH M 8 133 PG. 28 INGRESSIEGRESS ESM'T MB 103 PG. 16 d- VARIABLE WIDTH PRIVATE MS 181 PG 8 44B /0 PG. 91 UTILITY ESIW T M.B. 155 PG. 35 B - 33' CROSS RECIPROCAL D B 480 PG. 556 K- 20'UTILITY ESN'T PARKING ESIW'T MB 133 PG. 28 MB 181 PG 8 L. @ /0' VIRGINIA POWER ESM'T. - c-25@ INGREsslEGREssEslw'r DB 2397 PC% 2060 9.8 2224 PG 1240 D- 15'TEAIPORARY CONSTRUC71ON ESM'7- AfB 155 PCz 35 NOTES: E- /0' DRAINAGE ESM'T M.B. /8/ PG 8 20'UTILITY ESM'T TO BE VACATED /s OF F- 35' INGRES,51EGRESS ESM'7' UNSPECIFIED LOCATION 4fB 155 PG 35 2. 408.69' TO INDIAN RIVER ROAD G-30' C,?OSS RECIPROCAL INGRESSI EGRESS ESN'R )V.B 181 PG. 35 VACATION PLAT OF 20'UrILITY EASE44ENT FOI? COLONIAL PIEDli4oNri- JUNE 17, 1986 SCALE /"=/00' KE114PSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA Langley and McDon C4 rriA 2 QD 7c @41" .Ti EXHIBIT "D" TIIIS DEED OF VACATION AND QUITCLAIM, Made this day of 1987, by and between ttic CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the first part, and COLONIP.L PIEDDIONT I JOINT VENTURE, a North Carolina general partnership whcse current address is 2209 Century Drive, Suite 520, Raleigh Ncrth Carolina 27612, party of the second part. W I T N E S S E T H: That for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledge, the party of the first part hereby releases, vacates, and forever QUILTCLAIMS unto the party of the second part all of its right, title, and interest, if any, in and to the following described property: All that certain 6,271 square foot tract or parcel of land, shown as the shaded area and designated as "201 UTILITY EASM'T. M.B. 182 PG. 22 HEREBY VACATED," as shown on that certain plat entitled: "VACATION PLAT OF 201 UTILITY EAC-EMENT FOR COLONIAL PIEDMONT I," dated June 17, 1986, prepared by Langley and McDonald, Engineers- Planners-Surveyors, Virginia Beach, Virginia, and recorded in the office of the Clerk of the Circuit Court of Virginia Beach, Virginia in Deed Book at page This conveyance is made subject to conditions, restrictions, easements, and reservations of record in the chain of title, if any, constituting constructive notice thereof. IN WITNESS WHEREOF, Ttie City of Virginia Beach has caused its name to be signed b@, itE; City Manager and its seal tc) be affixed and attested to by its City Clerk, and said action was authorized by an ordinance adopted by the Council o@. the City of Virginia Beach, at a meeting duly called and held on the day of 1987. CITY OF VIRGINIA BEACH By City Manager (SE7,L) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, To-Wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS H. MUEHLENBECK, City Manager, for the City of Virginia Beach, whose name is signed to the foregoing Deed of Vacation and Quitclaim, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1987. Notary Public My Commission Expires: 2 STATE OY-' VIRGINIA CITY OF VIRGINIA BEACH, To-wit: 1, , a Notary Public in and for the City and State aforesaid, dc hereby certify that RUTH HODGES ST@ITH, CMC, City Clerk for the City of Virginia Beach, whose name is signed to the foregoing Deed of Vacation and Quitclaim, has acknowledged the same before me in my Ci-ty and State aforesaid. GIVEN under my hand this day of 1987. Notary Public My Commission Expires: APPROVED AS TO CONTE,@ i SIGNATURE D,JA@,'TMENT APPROV'LD AS TO LEK-JAL SUFFI-@IEI@CY CITY ATI :1, 3 - 33 - Item V-H.4. CONSENT AGENDA ITEM # 28373 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council ADOPTED upon SECOND RFADING: Ordinance to ACCEPT and APPROPRIATE $37,000 from the United States Department of Housing and Urban Development for an emergency shelter program. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Joiln D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Robert E. Fentress ORDINANCE TO ACCEPT AND APPROPRIATE $37,000 FRO14 THE U.S. DEPARTMENT OF HOUSING AND URBAiji DEVELOPMENT FOR AN EMERGENCY SHELTER PROGRAP: 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 progranis 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 hias been allocated to the City of Virginia Beach for such homeless @3tssistance. NOW, THGREFORE, BE II' ORDAINED BY THE COUNC-EL OF THE CITY OF VIRGINIA BEACH that a grant of $37,000 from the U.S. Departnient of Housing and Urban Development for eniergency 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 tile 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 progr-am of the U.S. Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach on 16 day of ovembr 1987. APPR VEP First Reading: Noven)ber 9, 1927 Second Reading: November 16, 1987 E DEPARTN@ENT APPROV'rD AS TO LEGAL SUFFICIENCY Al@,,'-" - 34 - Item V-H-5- CONSENT AGENDA ITEM # 28374 Dr. Dennis I. Wool, Director, responded to City Council's concerns. The capacity to respond to demand had been limited by budget and facility constraints. Utilization of the Comprehensive Mental Health Services Program Wildwood Site has been under review by Assistant City Manager Hector A. Rivera and a committee working with architectural consultants. The combination of these factors and the results of the study conducted, lead the Community Services Board to direct staff in the development of alternatives. Dr. Wool further advised it was not the Board's intention to freeze positions in order to accomoodate this space. Hector A. Rivera, Assistant City Manager for Human Services, advised the majority of funds received from the State were basically for personnel costs and that the project was underfunded. The City needs to request the State to continue to fund non-personnel aspects of the program. Mr. Rivera was not at ease utilizing City dollars for rent. If Commissioner Cullum's efforts are successful in deriving $4-MILLION for the City, some of the fixed costs involving building and leases should be passed on to the State; therefore the City's dollars could be utilized for very discrete human services attached to programs and individuals. Every position going into the Department is reviewed at his level and by Budget and Personnel for position and resource control and EEO/AA. Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to TRANSFER $20,400 within the Department of Mental Health, Mental Retardation and Substance Abuse for relocation costs of the Older Adult Day Treatment Program and Child and Youth Services. Vice Mayor Oberndorf reiterated the feelings of Councilman Moss and Councilwoman McClanan in her MOTION that the City Staff maintain close scrutiny on the Operating Budget and the City Council shall be informed of any shifting of funds. 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 APPRe)'v,[D AS TO CCINT'NT 1 AN ORDINANCE TO TRANSFER $20,400 WITHIN THE 2 DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION 3 AND SUBSTANCE ABUSE FOR RELOCATION COSTS 4 FOR DEPARTMENTAL PROGRAMS 5 6 7 WHEREAS, the Community Services Board, with the advise 8 of Mental Health Services staff, has recommended that Child and 9 Youth Services be transferred from the wildwood service site to 10 space in Pembroke 3 Office Building to allow better coordination 11 with other Community Mental Health Services programs; and 12 WHEREAS, the Community services Board further 13 recommended that the Older Adult Day Treatment Program be 14 relocated to the space freed up in the Wildwood service site to 15 address various programmatic concerns; and 16 WHEREAS, the Department of Mental Health, Mental 17 Retardation and Substance Abuse has identified adequate 18 resources within that Department's FY 1987-88 operating Budget 19 appropriation to fully cover additional rental space costs, 20 renovation costs, and moving expenses. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 22 CITY OF VIRGINIA BEACH, VIRGINIA: 23 That the funds in the amount of $20,400 be transferred 24 within the FY 1987-88 Operating Budget appropriation of the 25 Department of Mental Health, Mental Retardation and Substance 26 Abuse to allow relocation of the Older AdUlt Day Treatment 27 Program and Child and Youth Services. 28 This Ordinance shall be effective from the date of its 29 adoption. 30 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on this 16th day of November 1 1987. - 35 - Item V.H.6 CONSENT AGENDA ITEM # 28375 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Councii ADOPTED: Ordinance appointing viewers in the petition of Kenneth and Evelyn Reid for the closure of a portion of Old Donation Parkway, Trant Berkshire (Lynnhaven Borough). The Viewers are: David Grochmal Director of General Services C. Oral Lambert, Jr., Director of Public Works Robert J. Scott Director of Planning Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council flembers Voting Nay: John D. Moss Councii Members Absent: Robert E. Fentress ORDINANCE APPOIN.PING VI WHEREAS, Kermeth D. Reid and Evelyn Reid have given due and proper notice, in accordance with the statutes for such cases rmde and provided that they will on the 16th day of November 1987, apply to the City Council of the ICity of Virginia Beach, Virginia, for the appoin@-nt of Vi(--@rs to view the below-described property and report in writing to the Council whethe-r, in the opinion of said viewers, any, and if any, what inconvenience %vuld result from the discontinuance of the hereinafter described portion of that cert@ street of variable width, and has filed such application with said Council. NOW, - RE, be it 0 by the Council of the City Virginia Beach, Virginia: THAT C. Oral Lambert, Jr. Robert J. Scott and David Grochmal are hereby appointed to view the below described property and report- in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a pc)rtion of that certain street of variable width located in the City of Virginia Beach, Virginia, and wre particulary described as follows: DESCRIPTION OF LOr 30A BEGINNING AT A POINT AT THE SO FND OF DIVIDING LINE B LORS 30 & 31, T@ BF@HIRE, SBCTION 6, IZECORDED IN M.B. 126, P. 11, NMCE S 42" 02' 06" W, A DLSTANCE OF 142.31' TO A POINT, THENCE N 870 20' 45" W A DISTANCE OF 295.41' TO A POINF, THENC'E N 190 03' 30" E A DISTANCE OF 114.66' TO A POINT A!P THE SOUTHWEST CORNER OF LOT 30, THENCE S 870 20' 45" E A DISTAXE OF 353.32' TO SHAMES & BYRUM, P.C. THE POINT OF BEG@NG. DESCRIPTION OF LOT 30B BEGINNING Nr A POINI' AT TBE S@'-T CORER OF LOT 30A IN'HICH POINT IS S 42002' 06" W, A DISTANCE OF 470.831 FROD4 A PIN ON BRI'rANNA PLACE IT BEING AT THE NORTH CORNER OF LC)TS 30 & 31, @CE S 42 0 02' 06" W A DISRANCE OF 128.12- TO A POINT, THENCE N 87000' 00" W A DISTANCE OF 242.84' TO A POINT, THEWE N 19 0 03' 30" E A DISTANCE OF 101.70' TO A POlNr, THENCE S 87020' 45" E A DISTANCE OF 295.41' TO 'NIE POINT OF BEGINNING. IN ADDITION A 20 FOC)T P CONSTR@ION AND PIAMING EASEMU (NO ENGRESS/EGRESS) TO PARTICULAP, TRAFFIC LOCATED ADJACENT TO LOT 30A AS DESCRIBED ABOVE BEING SITUATED LC(r 30 A AND LOT 30 AS DESCRIBED ABOVE, LC)T 30 BEING By D. AND EVELYN REID. All the above as shown upon that certain plat entitled "Plat of the Property of Lot 30, Trant-Berkshire Subdivision, Section Six, Map Book 126 at Paqe 110, Property of Kenneth D. and Evelyn Reid and Parcel A, Old Donation Parkway, Property of the City of Virginia Beach, Virginia, prepared by Harold C. Warren, Jr., dated August 6, 1987, which plat is attached hereto and made a part hereof and intended to be recorded with the ordinance closing the aforedescribed street. SHAMES & BYRUM, P.C. CHES"EA", VIRGI.I. IN THE @=R OF CLOSING, VA(ATING AND DI ll.TMG A PC)RTION OF @T CERTAIN STREFT, KNOWN AS OID DONATION PARKAY, AS SH(JIN UPON 'IHAT CEPTAIN PLAT EWITLED "PLK.P OF THr,- PPOPEIM OF LOT 30, @- B@,KSHIRE, SUBDrvISION, SRCTION SIX, MAP BOOK 126, AT PAGE 11, PPOPM-IY OF MZ= D. REI-D AND FVELYN REID AND PARCEL A IN OLJ) DC)IIATION PARKNIAY, 110 =, PRC)PE@ OF THE CITY OF VIP.GINIA BFACH, DATTI) AUGUST 6, 1987, IIEICH PIAT IS ATRACHED P E T I T I 0 N TO: THE MAYOR AND THE @ERS OF THE COUNCIL OF THE CITY or VIRG-INIA BEACH, VIRGINIA Your Petitioners, Kenneth D. Reid and Evelyn Reid, respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as @nded, the Petitioners apply for the vacating, closing, disoontinuance of a pc)rtion of that certain street, which is nore specifically described as fol-lows: DESCRIPTION OF LOT 30A 13EGIMING AT A PO= AT THE SOURHERN END OF DLVIDING LINE BLM@ LORS 30 & 31, TRANT BERKSHIRE, SWTION 6, PBMRDED IN M.B. 126, P. 11, E S 420 02' 06" W, A DIS OF 142.31' TO A POINT, @CE N 870 20' 45" W A DISTAWE OF 295.41' TO A POM, E N TO A POINR AT THE SOUTHWEST 190 03' 30" E A DISTANCE OF 114.661 OC)@ OF LOT 30, S 87') 20' 45" E A DISTANCE OF 353.3.)' To TIHE POINT OF BEGINNING. DESCRIPTION OF LOT 30B BEGINNIN(@ AT A POIIIT AT THE SO OC)MM OF LOr 30A IGHICH PO= IS S 42 0 02- 0611 W, A DI OF 470.83' FROM A PIN ON BRITANMA PLACE IT BEING AT THE NORTH CORNM OF LOTS 30 & 31, 0 THENCE S 42 02' 06" W A DI OF 128.12' To Apowr, THENCE N 870 00' 00" W A DISTANCE OF 242.84' TO A POM, THENCE N 190 03' 30" E A DISTANCE OF 101.70' TO A POINT, THENCE S 87' 20' 45" E A DIST@ OF 295.41' TO THE POM OF BEGMNI%. SHAMES & BYRUM, P.C. C.Es@.. 1N ADDITION A 20 FOC)T PEP CDNSTRL)CTION AND PLANNING EASEMENT (NO @S/BGRESS) TO PARTI @IC LOCATED ADJA= TO RIBED ABOVE BEING SITUATED BM@ LOT 30A AND LOT 30 30A A-, D-@ AS DRSCRIBM 7,BovE, LOT 30 BEING BY D. AND EVELYN TE @R ID. SaLid parcel of land @,ing a pc)rtion of old Donation Parkway as SI@ On the above described plat. 2. That no inconvenienc,- will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petitioners pray that this Honorable Council appoint vie@rs as provided by law to view said platted street propos,-d to be closed @ to report in writing to the Council on or before the_ day of , 1987, as to whether in the opinion of said Viewars, what i-nconvenience, if any, @uld result from the discontinuance and closing of this portion of said street, as herein reported describ,-d. 3. That on the day of 1987 and on the day of 1987, notice of the presenting of this application was published in the Beacon, a newspalper of general circulation in the City of Virginia Beach, Virg:Lnia. 4. That the fee s @ le owners of all land along and adjacent to and affected by said portion are your Petitioners herein, Kemeth D. Reid and Evelyn Reid and the City of Virginia Beach, Virginia. The address of the Petitioners being 2617 Britanna Place, Virginia Beach, Virginia, 23454. Respectfully @tted, D. PEID @YN REID By SHAMES & BYFTUM. P.C. Tbbert G. ByrLun, Es@e S@IES & BYRUM, P.C. 2145 Old Greenbrier Rcad Chesa@:e, Virginia 23320-2694 Plione: (804) 420-9653 tiqT I @F. pLEASE TAIE, WRICE, that at a meting Of the City Co-c" @f the City Of Virginia Beach, Vircjlnia, to be held on the 16th day of NOV@R, 1987 at 2:00 p.m. o'clock, at the City Hall of the CitY of Virqinia Beach, Princess Aiine Station, the undersiqned will petition the Co-cil for the appoint-nt of Viewers to view the below-descri@d portion of that certain street and report to the City Comcil whether in the opinion of the Viewers, what, if any, inconvenience @uld result from the -ating, closing and discontinuance of sam , the said por-tion of said street beinq describ-od as foll-: DEscRipTION OF LOT 30A BEGINNING Mf A Poitqr Nf lff'E SC)MWRN END OF DIVIDING LINE, B Lor@ 30 & 31, TWvr BERKSHIRE, S@I014 6, @RDED IN M.B. 126, - 11' i @N@ S,42@ 02' 06" W, A DISTANCE OF 142.31' TO A PC)INT, p N'187 20 45" W A DISTANCE OF 295.41' TO A POIW, E E TO poINT AT THE So T "@E N 19 03' 30" - A DISTANCE OF_114.66' A CORNF-R or LOT 30, @CE s 87u 201 45" E A DISTANCE OF 353.32' TO THE POINT OF BEGIIINING. ESCRIpTION or LOT 30B BEGINNING AT A POINT 2yf 'llie SOUIT]FAST CORNFR oF Lo-- 30A WHICH POINT IS S 420 02' 06" W, A DISTANCE OF 470.83' FROM A PIN ON BT,lTmM PI-ACE- IT BEING AT TijE NOF(RH COIUZR OF LarS 30 & 31, S 420 02' 06" W A DISTANCE OF 128.12' 'PO A POINT, THME -001 00" W A DISTANCE OF 242.841 llO A POITTT, N 190 N 87V 111,M@@8c7, 20' 45" 031 30" E A DISTANCE Or 101.701 To A PO@, E A DISTANCE OF 295.41' TO TEM POINT oF BEOINNING. IN ADDITION A 20 FOOT P CONSTRUCTION AND PLAMING EAS (No EN @ EGPE 0 @TFD GRE,S/, SS) T PARTIC@ TRAFFIC ADJ 'M LOr 30A AS DESCRIBED ABOVR BEING SITUATED BF'iWrEN LOT 30A AND LOT 30 @9 DESCRIBRD ABOVE,, L(yr 30 BEING By ,E[i D. AN) LVL?LYN BEII)- All the above, as shown upon that certain plat entitled "Plat of th(--l. Property of L<)t 30, Trant-Berkshire Subdivision, SectiOn Six (map Book 126 HAMES & BYRUM. P.C- CH@S-E"E, V..GI.IA at Page 11) PropertY Of Kenneth D. and Evelyn Reid, and Parcel A and Old Donation Parkway, 110 foot, P-perty of the city of Virginia Beach, prep-ed by flarold C. warren, Jr., dated August 6, 1987. At that t@ , anyone affected imy appear and present his views. After the report of the Viewers is received, at the next regular neeting of the city Coun(--il, or as soon thereafter as the mtter may be placed on the agenda, the undersigned will petition the City Council to vacate, close and discontinue tliat portion of Old Donation Parkway, City of Virginia Beach, Virginia, described above. D. RFID and EVELYN REID Robert G. Byrm, Esqui- SIVMS & BYRLJM, P.C. 2145 old Greenbrier Road Chesapeake, virginia 23320-2694 Phone: (804) 420-9653 SHAMES & BYRUM, P.C. 91 43 st(ite of Vir VIT City of Noi-folk AFFIDA This day personally cipp@ated before nie and after being duiy sworn made oath that: (1) (H@) (She) is affidavit clerk of @-4 a ii@w,pciper published by Landniork Conimunications, Inc., in the cities of Norfolk, Porisrnouth, Cl,,@opeakQ, Suff(,Ik atid Virgiiiia Beach, Stcite of Virginia; (2) T@iat tlie advertisernent hereto annexed of Please take iiotice has been published in said n.wspaper on t[e following dc3tes: i' (Bc@acon) October 29th & Noveinber 5tla 19 87- Affiant Su[,.,ciib@d ui)d sworn to before me in my city and state aforesaid this 6 dciy of 19 My cu,iiiiii,,sion expires 19 SHANIES & Bi,Rum, P.C. ATTORNE'S AND CO@@SELORS AT LA@ 2145 OLD GREENBRIER ROAD CHESAPEAKE, VLRGINIA 23320.2694 TELEPHONE (804) 420 9653 ROBERT G BL@UM STEVEN F S.@.ES T@OMASE.BIRUM I, ROBERT G. BYRLE, alttorney for D. & EVELYN REID do hereby certify that: 1. I arn an attorney at law and represent Kenneth D. Reid Evelyn Reid, the petitioners. 2. If the P-PeXty described below is discontinued, closed -cated by the COUncil of the CitY Of Virginia Beach, Virginia, then title to said property will Vest in Kenneth D. Reid and EVJyn RLid the City of Virginia Beach adjacent lan@ers. The said proplrty referred to herein is hereby described as follows: DESCRIPTION OF LOT 30A BEGIWING AT A POINF AT THE END OF DIVTDING LINE@B IMS 30 & 31, BERKSHIRE, SIRTION 6, @RDED IN M.B. 126, P. 11, THENCE S420 02' 0611 W, A DISTANCE OF 142.31' 'M A POiwr, E 19VCE N 870 20' 4511 W A DIST@ OF 295.411 TO A N 0 POIW 31 30" E A DIST@ OF l@4.66- TO A POM AT @ SOUIHMT COMM OF LOT 30, THMCE S 87' 20' 45" E A DISTANCE OF 353.32- TO THE POUU OF BBGMMG. DESCRU'TION OF LOT 30B 0 Cli BEGLNNING AT A POINR AT THE T COAM OF LOT 30A WHI POINT IS S 42 02' 06" W, A DISTANCE OF 470.83- FRCM A PIN ON 13RIT@ PLACE -TT BEING AT THE NC)RTH CORNER OF I= 30 & 31, @ S 420 02' 06" W A DIST@ OF 128.12' TO A POINF, TBENCE N 8@-ool 001, w A DIST@ OF 242.84' TO A POINR, N 19003- 30" E A DISTANCE OF 101.70' TO A POINT, S 870 20' 45" E A DISTANCE OF 295.41- TO THE PO= OF BEGIMING. IN ADDITION A 20 FOOT P OC)NSTRWFION AND PLANNIM (NO EN(31@S/BGRESS) TO PARRICUIAR IC LOCATM TO LOT 30A AS DESCRIBED A13OVE BEING SI'IIATED B LOT 30 A AND LOT 30 AS DESCRIBM ABOVE, LDT 30 BEING aNM BY D. AND FVELYN REID. > Li La L-i L'i 2t a ir Lj 0 m (D CL 1- z _cl 0 j, 0 -J 0 ELW Li z u - F-M z t o::) tD w -iv) N@ (L CL U z CD LLJ > 9 3OV-1d VOINNVII80 < 16 tl 'r tIL9 0 0 kv) Vci Lsavo -q Lia oooi4lvisc) z LU z z >i KENNETH D. & EVELYN REID St. closure Old Donation Parkway Lynnhaven Borough - 36 - Item V-H.7. CONSENT AGENDA ITF14 # 28376 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council APPROVED: Low Bid to A. Stanley Mundy, Inc. in the amount of $827,237.74 for the Kempsville Suction Main, Phase II, Section One (GTP 5-939) utility project. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, 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: Robert E. Fentress - 37 - Item V-H.8. CONSENT AGENDA ITEM # 28377 Donald Trueblood, City Engineer; John Herzke, Traffic Engineer; Mr. Shannon Hebb, Construction Management Engineer; John Mason, Project Manager and Ron Schikevitz of the Consultants, Hayes, Seay, Mattern and Mattern, were in attendance to respond to City Council concerns. Donald Trueblood and John Herzke advised the project is to improve the existing 4-lane roadway to an 8-lane divided arterial from Holland Road to 1500 feet north of Jeanne Street. There are various impacts on different businesses and residences. There is close co-ordination between this project and the Baxter Road Fly-over. Twenty year projects are approximately 75,000 vehicles per day. Under the toll road, there shall be 3 lanes in each direction. On the northbound direction, there shall be two additional collector distributor roads for access. Ther shall be a total of 8 lanes underneath the bridge. There are approximately 90 parcels, which will include some complete acquisitions and some relocations, to be acquired for right-of-way. Right-of-way acquisition should entail approximately 18 months. The drawings have reached the 55% stage. The City Staff has recommended for the resolution to BEST PRODUCTS concern there be an in only entrance in the approximate location where an entrance now exists on Independence. Donald Trueblood advised at the intersection of Columbus Loop and Independence the projected traffic counts for the design year do not justify an Urban Interchange at this point. Councilman Moss advised it may not if people did not block the intersection, but for those individuals who utilize tilis intersection, it does not work. Donald Trueblood advised Councilman Balko, in his opinion which is shared by the Director of Public Works, underground utilities installation is vastly preferable. Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council APPROVED: FINAL DESIGN: Independence Boulevard Phase III (CIP 2-831). 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 - 38 - Item V-I.1 UNFINISHED BUSINESS TTEM # 28378 BY CONSENSUS, City Council ACCEPTED as part of the record the Abstract of Votes in General Election, November 3, 1987. - 39 - Item V-J. 1 . NEW BUSINESS ITEM # 28379 Giles Dodd, Assistant City Manager for Administation, introduced Chip Pierce, Government Finance Research Center, who presented a report relative MINIBONDS. A copy of said report and a letter from Mary Jo White, Hunton & Wlliams, citing the legal opion are hereby made a part of the record. Minibonds are so named because the face amount of bonds is generally limited to $500 or $1,000 in the case of interest bearing minibonds or zero-coupon minibonds. Capital Appreciation Bonds (CABS) generally have principal values of less than $500. By reducing the face value of the bonds, issuers expect to broaden the market for local bonds to investors that otherwise could not afford to invest in conventional bonds. Based on research conducted during the preparation of this memo, Minibonds appear to be an increasingly popular means of financing certain public improvements. Chip Pierce cited recent examples of Minibond issues: Boston, Masshachusets, issued $2-MILLION in September, 1984. Fort Worth, Texas, issued $1.7-MILLION in April, 1987. The Salt River Project, an agricultural improvement and hydorelectric power district in Arizona, since 1979 has sales totaling $157.9-MILLION The Eugene, Oregon, Water & Electric Board issued $1-MILLION in August, 1986. Germantown, Tennessee, issued $2-MILLION in November, 1985. Chip Pierce advised the principal cost would be the time committment by the City Staff. Two principal tasks are involved with the Minibond issue: Subscription Period and Maintenance. There are two primary benefits that can result from the issuance of Minibonds: Providing the citizens of the Community and region the opportunity to participate in the investment and growth of the jurisdiction Potentially reducing the issuance costs that a jurisdiction faces in a convention bond sale. - 40 - Item V-J.2. NEW BUSINESS ITEM # 28380 The INTERIM FINANCIAL STATEMENTS for the period July 1, 1987, through September 30, 1987, were distributed to City Council and are hereby made a part of the record. - 41 - Item V-J -3. NEW BUSINESS ITEM # 28381 ADD-ON Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council CANCELLED the City Council Meeting of December 28, 1987. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: Vice Mayor Meyera E. Oberndorf Council Members Absent: None - 42 - Item V-J-4 NEW BUSINESS ITEM # 28382 ADD-ON Mrs. Delores Delaney, President of the Virginia Congress of the PTA, introduced Co-Council Chairman of the REACH (RESPONSIBLE EDUCATED ADOLESCENTS CAN HELP THE BEACH) Diana Myers, Cox High School. Diana Myers presented information relative drug awareness. Official REACH T-Shirts were presented to the City Manager and Members of City Council by representatives of REACH. - 43 - Item V-J-5- NEW BUSINESS ITEM # 28383 ADD-ON Councilman Moss reiterated his concern relative certain Board of Zoning Appeals items on their Agenda. Councilman Moss had requested the City Staff prepare information relative their position. Councilman Moss was particularly intrerested in the Variance on Euclid Road relative a reduction of the setback from 35 feet to 15 feet. Widening of this road is still a possibility. The applicant is also requesting a variance of One loading space to Zero loading spaces. Councilman Moss inqauired as to the hardship. The City Staff advised Councilman Moss they did not have reason to OPPOSE same. Variances on parking and set-backs are becoming more frequent and are not Councilman Moss believed fashioning the City the way the Comprehensive Zoning Ordinance intends. lfhen a hardship is not present, the Council should go on record as not supporting said Var @ ces. As per request, the City Staff will prepare an 18-month study relative the Board of Zoning Appeals' decisions in order to view the types of requests made and those types of cases accepted and rejected. - 44 - Item V-K. 1 . RECESS INTO EXECUTIVE SESSION ITEM # 28384 In accordance with Section 2.1-344, Code of Virginia as amended, and upon motion by Councilman Baum, seconded by Councilman Fentress, City Council RECESSED into EXECUTIVE SESSION for discussion of LEGAL MATTERS, after which to ADJOURN (6:12 P.M.) 1. 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: 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 - 45 - Item V-K.2. ADJOURNMENT ITEM # 28385 Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the Meeting at 6:35 P.M. (--@ 0 @@ Beverly 0. Hooks Chief Deputy City Clerk Auth Hodgffs Smith, CMC City Clerk City of Virginia Beach Virginia ABSTRACT OF VOTES cast in the CountylCity of Virginia Beach Virginia, at the special election held on 3 _, 19 87 , on thefollowing question orproposition: CHARTER 3 QUESTION: Shall the City of Virginia Beach request the Gerieral Assenbly to repeal Secticn 6.05:2 of the City Charter which presently allaws the issuance of $8,000,000 of bonds for roads, high- ways and bridges without voter approval at an elec- tion if 20% of the bonds issued undlr Section 6.05:1 without an elecucn are reserved for roads, hi-ghways and bridges? Tot.1 V,,tes R ... i,,@t (I. figt,,") FOR (Y-) 28,097 AGAINST (No) 35,531 We, the undersigned Electoral Board, upon examination of the ojficial records deposited with the Clerk of the Circuit Court of the election on 3 1 19 87 , do hereby certify ihat the above is a true and correct Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this fifth dy of 19 87 n A COPY test,: Chairma Vice Chairinan Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the County lcity of Virginia Beach Virginia, at the special ewtion held on 3 19 87 , on thefollowing question or proposition: CHARTER 2 QUESTION: Shall the City of Vir-ginia Beach request the General Assenbly to amend Section 6.05:1 of the City Charter to increase the amount of or other debt obligations that may be issued armually wi- voter appraval at an election fran the present all@ borrowing of $10,000,000 of new debt plus that @t wiiich was retired duri-ng the calendar year to an amount which shall not .25 percentum of the assessed value of real estate in the City subject to taxation, as sham by the assess- rnent for taxes for the last preceding year? lbt,,l V,,I,, FOR (Yes) 16,590 A GAINS T (No) 47,358 We, the undersigned Electoral Board, upon exatnination of the official records deposited with the Clerk of the Circuit Court of the election on 3 1 19 87 , do hei-eby certify iliat the above is a ttue and correct Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this fifth day of 19 87 A copy te.,Ie: Chairman Vice Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the CountylCity of -ia Virginia, ai the special election held on Novenber 3 19 87 , on the following question or proposition: RECRFATIONAL MILI= g=CN: Shall the City of Virginia Beach ccntract a debt and is.-")e its al obligation bonds in the maximm amotmt of $32,850,000 pursuant to the City and the Public F Act to provide fmds, together with other available fmds, to f the acquisition, construction and @pp@ of ty @ational facilities in each of the Lynnhaven, Bayside and Pr@s Anne Burroughs and @ation and inp t of the @sting Bow ty recreational facility? T.tal Vt@ Rmei@ed (In Fig.-) FOR (Y-) 36,612 A GAINS T (No) 30,176 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on 3 , 19 87 , do hereby certify that the above is a true and con-ect Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this f if i-b -day of, r 19 87 A copy leste., Chairman Vice Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the County lcity of Virginia Beach , Virginia, at the special ekction held on 3 19 87 , on thefollowing question orproposition: CHARTER QUESTION: S@d the City of Virginia Beach, pursuant to its Charter by the general law of the State of Virginia, have the right to provide for the protection and/or replacement of trees during land @l t and subdivision activities on private p y in the City of V@ini-a Beach? T.t.] V.1@ R@,i,ed (in Fig.,@) FOR (Y-) 53,326 AGAINST(No) 12,780 We, the undersigned Electoral Board, upon exatnination of the ojficial i-ecords depo,@ited with the Clerk of the Cit-ciiit Court of the election on 3 , 19 87 , do hei-eby certify that the above is a true and correct Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this f-ifth dy of 7@. A copy leste: Chairman Vice Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the County lcity of Vix:ginia Beacli Virginia, at the special election held on 3 19@7 , on thefollowing question orproposition: CHARTER 4 QUESTION: Shoul-d the City il of the City of Virginia Beach request the General Assembly of Virgiriia to amend the City's charter so as to p-ide that s of the School Dc)ard shall be elected by the voters of the City and that the elected School be granted limted taxmg authority? Total Votes R,c,i,,d (I. Fig.,@) FOR (Yes) 35,464 A GAINS T (No) 29,755 We, the undersigned Electoral Board, upon exaniination of the official records deposited with the Clerk of the Circuit Court of the election on 3 19 87 , do hereby certify ihat the above is a true and correct Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this f i ft-h day of 19 87, A copy teste: Chairman Vice Chairman Secretary Secretary, Electoral Bo@rd ABSTRACTOF VOTES cast in the CountylCity of- Virginia Beach Virginia, at the General election held on 3 ]g 87 FOR Soil and Water Conservation D@r (Virginia Dare District) T.t.1 V.tes R@@@i,,d Na.@s of Ca.didates (in Figu,es) Paul D. 32,499 R. t Sawyer Sharcn Adam Bruce Alt D. A. Barries Humberto Angelo A. D'Amato Keith DeBarry Disrecrard Bob We, the ittidersigned Electoral Board, upon evaiiiination of ilie of .ficial record.5 deposited with the Clerk of the Circuil Cozirt of the electioll on @r -1 19 87 do hei-eby certify that the above is a trile and cot-rect A bstract of Votes cast at said electioti and do therefore deteriiiiiie and declare that thefollo wing receiv- ed the greatest nuinbei- of votes cast iii said ele('Iioll: Paul D. R. tt Sawyer for the office of Soil and Water ation D@tor (V@ima Dare District) Given under our hands this fifth day of 19 R7 Z, -Chairman Vice Chairman A @'op., Secretary Secretary, Electoral Board J. Cast 1 Michael K. B. Wanner D. E- Copeland I R. Miithurst Charlene W. Davis I Sam Dmaldson 1 @ Doody I Dmmsbuiry 1 Donald Dwk I Bob Engesser I Rick Estrada 1 Alice Ferguson 1 Lynn J. Gray I G. Gerald Harris I Sam Houston, Jr. I ATny K. Irige 1 Gerald Kerr 13 Rae Le Sesne 2 Mickey 2 Oliver North I G. Diammd Nuts I Sam Parker 1 John PrtiLitt 1 Betty Rell 1 Joseph D. I Kemy Lee Saunders 1 Sylvia @t I Dariiel Smith 1 Joe Smith I Norffian J. Smith I Robert Thamas 1 Robert Tindal-I I ABSTI?ACT OF VOTES cast in the CounlylCity of- it-giiiia, at theGeneralEtection heldthefirst Tuesdayafterthefirst Motiday in Noveiiiher, 19 87 for MEMBER OF TtlE SENA'I'E OF VIRGINIA Seventh DIS-I'RICT T.t.1 V.t,s R,,@i@,d N..@@ f C..did@t" (I. Fig.,es) Cl@ A. Holland 24,997 Rae H. @ Sesne 7.343 F@ n pane -i Rcbert- Cal@ll I Joe Canacla 5 mark Early @ @,@r I William B. Henry Williarn B. Henry, Jr. Mark Jams We, the undersigned Electoral Board, upon exatnination of the ojficial records deposited with the Clerk of the Circuit Court of the election held on Noveinber- 3 19 87 , do hereby cei-tify that the above is a ti-ue aild correct Abstract of Votes cast at said election for Meinber of the Senate of Vii-ginia. Given under our hands this fifth 87 day of Novei?lber, 19-. Chairtnan Vi(-e Citairitiati A opy Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the CountylCity Vil-giiiia, at the General Election held the first Tuesday after the fii-st Moliday in Novelliber, 19 87 for MEMBER OF THE SENATE OF VIRGINIA Eic[hi:h DIS'I'RICT T.t.1 V.t@, R@,@i@@d N..es f C..did.t@@ (in Fig.,.S) A. Joseph 'Joe' Canada, Jr. 15,881 M. E. -@- s@l@. ir- lfi,40q @s Miles Pace 1,589 Clarer)ce Alley Oop Allemand I James T. BrL-w 2 Eric L. Carlsen I Ted Case I W. Corrick I Domell P. Davis 2 We, the undersigned Electoral Board, upon exainination of the official records deposited with the Ctet* of the Circuit Court of the election held on November 3 '19 87 , do hei-eby certify that fhe above is a tl-iie atid correct Abstract of Votes cast at said election for Meinber of the Senate of Vii-ginia. Given under our hands this f i-ft--h day of Noveinber, 19 87 Chairman Vice Chairman A opy te,5t,: Secretary Secretary, Electoral Board v ABSTRACT OF VOTES cast in the CountylCity of vixqbda Beach Virginia, at the General Election held the first Tuesday after the first Monday in Noveniber, 19@7 for MEMBER OF THE HOUSE OF DELEGATFS Pi qb@-f DISTRICT Total Vo(es R@c@i,,d N..es of Ca.did.t,s (1- Darrel J. Hughes 3,411 Glem R. Croshaw 8,279 Marl @- I Mi ckey I Norman I We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3 , 19@7 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Delegates. Given under our hands this fifth 9!7 day of November, I Chairman Vice Chairt?tati A copy lesle: Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the CountylCity of @inia P---h Virginia, at the General Election held thefirst Tuesday after thefirst Monday in Noveniber, 19@7 for MEMBER OF THE HOUSE OF DELEGATES E"ghty DISTpicr T.tal V.1@, R ... i,,d N.,@,, of (a.did.t,, (I. Figu,@) R. 'Bob- Purkey 14,842 Shy D. Beckett 1 Eric L. Carlson I @lie Cox 1 Earl Crouch 1 Glem Croshaw 1 d Dwk 1 Dem:Ls Hartig I john D. Jr. 1 Jayle @ 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 3 , 19A-,-, do hereby certify that the above is a true and conect Abstracl of Votes cast at said election for Member of the House of Delegates. Given under our hands this fifth day of November, 7 Chairman Vice Chair"ian A copy leste: Secretary Secr-elary, Electoral Board ABSTRACT OF VOTES cast in the CounlylCity of Virginia Beach Virginia, at the General Election held the 't@t Tuesday qfter the first Monday in November, 19@ for MEMBER OF I'HE HOUSE OF DELEGATES Fiqbty--thira DISTRICT Total Voic@ R@,i,,d Na.@, of C..didat@ (I. Fig.-) J. W. 'B:Llly- O']Brien, Jr. 9,015 Jerry An 2 Anybocly Else 2 W. Corrick I WaL,t Carter I Hugh C=o, Jr. I Glenn 7 Donald Duck I Rae H. le Sesrie 1 Earriest @ard Nei@s, Ill I We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of ihe Circuit Court of the election held on November 3 , 198@, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Delegates. Given under our hands this f i ft-h day of Noveniber, 19@7 Chairnian Vice Cliairt?ian A copy teste: Secretary Secrelaty, Electoral Board ABSTRACT OF VOTES cast in the CountylCity of Virginia, at the General Election held thefirst Tuesday after thefirst Monday in Noveniber, 19 7@, f,,r MEMBER OF THE HOUSE OF DELEGATES Pi gbty= DISTRICR Total Vt@s R,@,i,@d Na.@s of Ca.didates (in Fig.-) Glem B. @mm 8,970 Anybody Else 1 @el J. Breman 1 Richard Canncn 1 James N. Clark 1 William W. Davis I Reid Ervin I Darrell Hughes I TL-d Kappel I @uel @er I We, the undersigned Electoral Board, upon exaniination of the ofjicial records deposited with the Clerk of the Circuit Court of the election held on November 3 , 19 7@, do hereby certify that the above is a true atid correci Abstract of Votes cast at said election for Met?iber of the House of Delegates. Given under our hands this f i ft-h Ilay of Noveinber; 19@. Chairmati Vice Citairt?iati A copy teste: i Secretary Secretary, Electoral Board ABS7'RACT OF VOTES cast in the CountylCity of Virginia, at the General Election held thefirst Tuesday after thefirst Monday in November, 19@7 for MEMBER OF THE HOUSE OF DELEGATES Pigbt-"- ifth DISTRICF Total Vt@ R,@,i,,d Na.,, of Ca@did.,t,, (I. Fig... 'Bob, Tat-a 14,444 D. E. Copeland I @ld c. Davis, iii 1 Bob Engesser 1 Gary Glenn I Harriet Goodove 1 Larry J. Gray I George I @s Hastie 1 William B. 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Cir-cuit Court of the election held on November 3 , 19@7 , do hereby certify that the above is a true and con-ect Abstract of Votes cast at said election for Member of the House of Delegates. Given under our hands this fift-h day of November, 19@. hairman Vice Chairnian A copy te.@te: Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the County/City of Vi-rg@a Beach Virginia, at the Special Election held on November 3, 1SS87 for- STATE-OPERATED LOTTERY QUESTION: Shall the 1987 Act of the General Assembly which establishes a state-operated lottery become effective in Virginia? Total Votes Rccei,ed YES 46,348 NO 22,373 We, the undersigned Electoral Board, upon examination of the official records depos- ited in the office of the Clerk of the Circuit Court of the election held on November 3, 1987, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the establishment of a state-operated lottery. Given under our har)ds this fifth day of November, 1987. 7 Chairman ZL Vice Chairman Secretary A copy teste: Secretary, Electoml Board Donald J. inge 1 Willian W. J I Bob Jones 1 W. Wayrie @lly 1 John Parrish I Michael Joseph Posta I Joel Rubin 2 Ral-ph I Julie Smith 4 Mark Snyder I William Franklin ;@, Ill I Mickey @ 2 R. J. to 1 1 Bob Tata I Dr. Pee Pendley 1 Joseph D. Rucker I Robert R. Thcuas 1 Michael E. B. Wanrier I Tbny Washinqton 1 Donald Leneski 1 1 Mickey I Oliver North I B. Padrick, jr. 1 Rev. Chur-k Patterson I Phillip Morris Miller Beer Inc. I Bob Ruffin 1 mayor Holley I Rae Le Sesrie 2 William H. Lloyd, Sr. 1 Charles @ughton 1 Mickey 1 Parker I Stephen Shao 1 Skunk Cabbage TWins I R. L. Tice I G. William Rdtehurst 1 Eugerie JOIM I Yvonrie Miller I W. Wayne @lly I 0. R. Smith 1 @ Stallings 6 Dennis J. Stewart I Rober-t C. Wallace I ABSTRACTOF VOTES cast in the CountylCity,tr Vi@nia Be Virginia, at the G-al election held on 3 19 87 FOR Clp-rk of Court T.tal V.t@@ Re@i@@d Na.@s f Candidates (In Figres) J. Curtis Fruit 57,433 Anybody Else I @vi d @@@ I Billy Belew F. Bc)lick Jared Brandwein gollin Brass I Wjlli- T I Bul-I e I Martha Cai-n I We, the undersigned Electoral Board, upon exaniination of ilie official records deposited with the Clerk of the Circuit Court of the election on 3 19 87 do hereby certify that the above is a trile and cot-t-ect Abstract of Votes cast at said election and do therefore deteriiiine aitd declare flial thefollowing receiv- ed the gi-eatest number of votes c-a,5t iii said elet-tiolt: J. Curt-is @t for the office of Clerk of Court: Given under our hands this fifth 87 day of 19- Chairman Vice Chairman A ,ol,), Secretary Secretary, Electoral Board Frarik Firmey G. Drake Huffman 2 John I Donald Iemski 1 Shat I oliver 2 Corrielius Owens I W. D. @ton 1 stallirigs 1 Freda Stanley I Ralph Steelman I @deusz Surowiec 1 Jerry Tata I George Walsh I Christian Heriry Warier 1 Michael K. B. Wanrier 1 James Watt I A. Watts 1 Ron Wilson 2