OCTOBER 5, 1987 MINUTES
"WORLD'S LARGEST RESORT CITY"
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MUNICIPAL CENTER
C,,, VIRGINIA REACH, VIRGINIA 23456 9002
[8041427-4303
VIRGINIA BEACH CITY COUNCIL
AGENDA
@ 5, 1987
ITiM I. COUNCIL SESSION - amfererice Rocrn - 12:30 PM
A. CITY COUNCIL
ITEM ii. INFO@ SESSION - Cc)nference - 1:00 PM
A. @ To OIRDEP - Yayor Pcber-t G. Jones
.B. ROLL CALL CF COUWIL
C. RBCESS TO SESSION
ITEM III. EURKAL SESSION - Cbuncil Chamber - 2:00 PM
A. INVOCATION: Reverend Falph A. Salter
9halia Lbited Yethodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG CF 'niE UNITED STATES OF PMERICA
C. MWTRONIC RJLL CALL CF CIIY COULCIL
D. ADOPTION CP ITEMS FOR THE FORMKL AG@
E. S
1. @o@ & Fo@ SESSIOLZ - Septeinber 21, 1987
F. TIONS
1 - V-V- ipal Iie@ (VML) Ach3.evement
2. Crime Solvers Award
G. PEMLIC HEAPJM
1. PIANNIM
a. Application of Princess Anne I to establish an
Historical and Cultural District on pmperty located North of
North @ing lbad begiming at the North@st intersection of
James Madi@n Ibulevard and George @sc)n Drive, containing
40.9 acres (Pri@ess Amm Borough).
Rec ation:
b. Ppplication of Betty C. Ghent for a variance to Section 4.4(b)
of the Subdivision Ordinary,-e, which requires a minimlim lot
width of 8C) f eet, lot width is measured aLt the rear of the
required front yard, on proper-ty located at 8Do-804 Le Ccve
Drive (Kernpsville Bc)rough)
ReccRTnendation: APP
c. Application of VixxJinia Beach PrOperties, Inc. for a varince
to Section 4.4(c) of the Subdivision Ordinarr-e, which requires
a minjinun lot width of 85 feet for corner lots in the R-6
residential District, the w-idth of the corner lot is measured
frcm the front yard setback along the narro%est boundary
fronting on a street, on property located at the sduth@st
corner of Daniel Snith Fbad and Lawrerr-e Drive (Bayside
B:)rough).
Pec ation:
d. Application of Inc. for a (briditional Use
Pernit for a private school (addition) at the @utheast cDrner
of Wood@use PDad ard Mill Dan@ad (1320 Mill Dan lbad),
containing 29.5 ar-res (Lynnhaven lbrough).
RecciTme@ation: APPROVAL
e. Crdinance for the discontinu-ance, closure @ abandoment of a
cul-dc-sac at the Northem teitninus of Baker @ed, cx)ntaining
9060 square feet mcre or less, in the petition of d E.
Perry (Bayside BDro@h).
DEFERRED 180 Days for 03mpliance of Cbnditions Ppri-I 20, 1987
Recarnnendation: F@ APP@
H. ON
1. @sc)lution referring an @FNT to Section 944.1 f th,
@ehensive ZOning e Pertaining to sign regulaticns in
the @5 Resort ]Distxict to the Plannuig @ssion.
ORDINANCES
1. erdinwice desigriating certain appointees and employees to file a
disclosure statewnt of their persc)nal interests and other
info.rTnation specified on the form set forth in Section 2.1-639.15
of the Code of Virginia State and @al- Gcverrramt Oonflict of
Interests Act.
DEF@ by City (buncil on Aigust 10, 1987
2. Ordinance to PMEND and RECRE)AIN the Code of the City of Virginia
Beach, Virginia, by repealing Section 6-123 pertaining to
windsurfing devioes.
3. Crdinances upon SECOM @ING to accept and aprrorriate
$10,228,271 frcxn EY '88 for the paynent of purchase orders brought
fo@rd fran Fy 187.
4. Ordinances upc)n SBCOND @IM to accept and apr-ror-riate
$19,268,929 fcr FY '87/88 School Grants and Enterprise
a. @xtboc)k Pental Ebnd BLidget - $1, 348,8DI
b. @hool Prograns furided by @ecial Categorical Grants
$8, 211, 255
c. @hool Cafeteria fhterprise FLind Budget - $9, 708,873
J. CONSENT AGENDA
All matters listed under the ODnsent @enda are oc)nsidered in the
ordinary course of busimss by City Cburr-il ard will be enacted by one
motion in the fonti listed. If an itkn is reneved frcrn the Cbnsent
,Venda, it will be d@ussed and voted upon separately.
1. Ordinance to AMEND and REORLIAIN @ction 10-1 of the Cbde of the
City of Vircjinia Bearh, Virginia pertaining to establi t of
electim custricts ana vatug places.
2. Ordinarr-e to TRANSFER $323, 344 frcrn Capital Projects to close out
ccupleted Capital Projects fc)r FY '86/87.
3. Low @d to e icn tim in the anount of
$1, 106, 300 for k revitalization and Oceanfront
parks proj@.
4. LDw Bid to A&W OC)ntr@s, Inc. in the anomt of $127,1%.70 for
water service to residents of ille Camy currently served by
@lls, without CLty vater service, and %ho have ebtained 51%
participation for requesting City vater service.
5. RAFFLE PEWITS:
Pembroke Uiited Church of Christ
Kiwanis CLub of Lymhaven
6. Crdinance authorizing tax refunds in the arnomt of $2,373.91.
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. ST F'OR RECCNSIDERATION of the application of Virginia Beach
S.P.C.A., a Virginia Llbn-Stock Cc)rpc)ration, for a CbrOitional Use
Pemit for an animal hDspital, ppund, shelter and kemel, on
property located on the East side of Holland lbad, 650 feet SDuth
of Landsto%n lbad, containing 2.5 acres (Princess Anne Borough) .
2. TWAM-F= AMIVERSARY C@RATION coM,4j= fundirig
M.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 5, 1987
The COUNCIL CONCERNS SESSION of the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on
Monday, October 5, 1987, at 12:50 P.M-
Council Members Present:
John A. Baum, Albert W. Balko, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 2 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 28080
Mayor Jones advised the PLANNING ITEMS with the exception of the Street Closure
(Ordinance for the discontinuance, closure and abandonment of a cul-de-sac at
the Northern terminus of Baker Road, containing 9060 square feet more or less,
in the petition of Donald E. Perry, Bayside Borough), are PLANNING BY CONSENT
ITEMS. Mayor Jones inquired whether City Council would care to treat these
items as such as all were passed unanimously in the Planning Commission.
ITEM # 28081
Mayor Jones referenced the need to heighten awareness relative an aesthetics
program for the City. Mayor Jones suggested the naming of a TASK FORCE on the
City's appearance with their task be defined to initiate a PLAN whereby the
City's appearance could be enhanced. Within three months, this group should
come in with a proposal to establish an on-going committee or a recommendation
of combining various beautification committees for a joint effort to insure the
proper appearance of the City. Tourists have indicated Cleanliness of the
RESORT AREA as one of the primary items of concern.
Vice Mayor Oberndorf suggested for inclusion on this TASK FORCE Attorney J. M.
Summs who corresponded with City Council relative concerns and extended
appreciation when said matters were solved. The Mayor advised Jan was a
developer of such impressive subdivisions as MIDDLE PLANTATION AND CHELSEA
ITEM # 28082
Mayor Jones referenced the firm performing consultant services for Chesapeake.
The City Manager had advised at the City Council Meeting of September 21,
1987, he was in a position to arrange a meeting with this firm regarding the
cost for a second opinion concerning the COMPREHENSIVE ZONING ORDINANCE.
The City Manager advised the consultant's initial impact was to investigate
Noise Zone II and the impacts between Oceana and Fentress. As the concepts had
not been presented to the Chesapeake City Council, the City Manager was not
quite sure same would be public information. Their ideas, however, did not
appear to be much different from Virginia Beach's ideas. However, around
Fentress, the impact of development on that base is so insignificant it would
allow for a different situation than Oceana. The Consultants advised they are
reviewing alternatives relative the use of the property.
Regarding the second opinion concerning the CZO, the Consultants advised they
could peruse the document and reiterate whether same was on the leading edge of
zoning and inquired, as a result of their experiences, as to whether they could
make recommendations that were not included in our CZO
Mayor Jones requested Councilman Moss review same with the City Manager.
Councilman Moss advised of the methods to critique the document: (1) If said
document is on the leading edge of what is being accomplished throughout the
Country; (2) Is there some consensus on the value judgment relative the CZO;
(3) Is the vision for Virginia Beach in conjunction with what can be afforded
in the CAPITAL IMPROVEMENT PROGRAM. The CZO should be integrated with the
affordability of the City.
- 3 -
C 0 N C E R N S 0 F T H E M A Y 0 R
(Continued)
ITEM # 28083
Councilman Heischober inquired as to whether this COMPREHENSIVE LAND USE PLAN
included Conditional Zoning.
Councilwoman Henley advised the Planning Commission had formed subcommittees to
pursue the major areas. The Subcommittee on Conditional Zoning has an
abundance of information to present to City Council. The benefit of this
committee's research is needed outlining what was discarded as well as what was
retained and the reasons justifying these actions.
Councilman Moss advised relative the CZO, due to the time restraints the City
Council might want to examine some of the issues that are not quite so
controversial and act sooner on them; although, he would not advocate partial
adoption.
The Mayor and Vice Mayor will consult with the City Manager and Director of
Planning on Wednesday, October 7, 1987, to develop definitive ideas.
- 4 -
C 0 N C E R N S 0 F T H E V I C E M A Y 0 R
ITEM # 28084
Vice Mayor Oberndorf referenced the ADOPT-A-SCHOOL PROGRAM, a joint effort
between the Chamber of Commerce, the Public School Systems and Virginia Beach
City Council.
The suggestion was made to sponsor COURTHOUSE ELEMENTARY SCHOOL. Vice Mayor
Oberndorf advised through the "ADOPT-A-SCHOOL" PROGRAM, local businesses,
industries and organizations bring support in many forms to a district's
schools from volunteer tutors and speakers to educational equipment and
internships, from mentors and advisors to special projects and awards'
assemblies. Vice Mayor Oberndorf distributed a packet summarizing this
Program and also containing an A+ Pin. (Said packet is herby made a part of
the record.)
BY CONSENSUS, City Council agreed to sponsor COURTHOUSE ELEMENTARY SCHOOL in
the "ADOPT-A-SCHOOL" PROGRAM.
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28085
Vice Mayor Oberndorf referenced an application of Cape Henry School, Inc. for
a Conditional Use Permit for a private school (addition) at the Southeast
corner of Woodhou3e Road and Mill Dam Road (1320 Mill Dam Road), containing
29.5 acres (Lynnhaven Borough). (See Item III-G.D of the PLANNING AGENDA). Vice
Mayor Oberndorf advised the Cape Henry Collegiate School Bus wrecked her COUGAR
and as she is in litigation. Should she vote on this particular item? The City
Attorney advised it would be permissible
Councilwoman Parker further referenced this application and reiterated her
concern relative the abundance of curb cuts on Mill Dam Road.
ITEM # 28086
Councilman Moss referenced an application of Betty C. Ghent for a variance to
Section 4.4(b) of the Subdivision Ordinance, which requires a minimum lot width
of 80 feet, lot width is measured at the rear of the required front yard, on
property located at 800-804 Le Cove Drive (Kempsville Borough). (See Item III-
G.b of the PLANNING ITEMS). Councilman Moss had questions relative this item.
Councilwoman McClanan advised one of her concerns was relative the name change
of the River Lake Water Agency, a private water company which serves the
aforementioned area.
Councilwoman McClanan further inquired relative the number of houses the
applicant plans on building, as two houses already exist on the two lots.
ITEM # 28087
Councilman Perry referenced an application of Virginia Beach Properties, Inc.
for a variance to Section 4.4(c) of the Subdivision Ordinance, which requires a
minimum lot width of 85 feet for corner lots in the R-6 Residential District,
the width of the corner lot is measured from the front yard setback along the
narrowest boundary fronting on a street, on property located at the Southwest
corner of Daniel Smith Road and Lawrence Drive (Bayside Borough). (See Item
III-G.c. of the PLANNING AGENDA).
Councilman Perry received a call from the Civic League advising they were not
in OPPOSITION to this as same was a corner lot. They do not wish variances of
this type EXCEPT on corner lots.
ITEM # 28088
Councilman Moss advised relative an Ordinance designating certain appointees
and employees to file a disclosure statement of their personal interests and
other information specified on the form set forth in Section 2.1-639-15 of the
Code of Virginia State and Local Government Conflict of Interests Act. (See
Item III-I.1 ORDINANCES).
Councilman Moss told the City Attorney it was his intention to SCHEDULE this
Ordinance for the City Council Meeting of October 26, 1987, to allow ample time
to study and discuss the CONFLICT OF INTEREST ORDINANCE. Councilman Moss will
motion for the DEFERRAL of this item during the FORMAL SESSION.
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
(Continued)
ITEM # 28089
Councilman Perry referenced the TARGET AREAS that were zoned in 1920 (LAKE
SMITH) as R-8. The law should apply equally to all people. There are two homes
in Lake Smith, 16-foot wide - 35 feet long on a lot that is 30 x 120. These
new homes have no windows on one side on Lynnhaven Boulevard. Councilman Perry
advised the builder only bought two lots, side-by-side, approximately three
months ago and is attempting to purchase more.
Councilwoman Parker advised relative a similar situation in SliADOWLAWN zoned
R-7, individuals who owned two lots or more were required to retain the
combination and could not create a non-conforming lot.
Councilwoman McClanan requested this similar application of the aforementioned
R-7 be utilized for this R-8 and be SCHEDULED for the City Council Meeting of
October 12, 1987 for referral to the PLANNING COMMISSION.
The City Manager advised the R-8 Zoning allows a lot coverage of 40%.
The Mayor requested a BRIEFING by City Staff be SCHEDULED for the City Council
Meeting of October 12, 1987, relative options for solutions to this problem.
ITEM # 28090
Councilman Balko referenced the BEACON article on Sunday, October 4, 1987,
relative TRAVEL EXPENSES. Councilman Balko advised he was NOT going to LAS
VEGAS and requested the newspaper check their source of information.
- 7 -
ITEM # 28091
The INFORMAL SFSSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
October 5, 1987, at 1:30 P.M-
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jpnes, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 8 -
ITEM # 28092
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. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Moss, seconded by Councilman Baum, 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
- 9 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
October 5, 1987
2:05 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, October 5,
1987, at 2:05 P.M-
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION: Reverend Ralph A. Salter
Thalia United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 10 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item III-D.1 ITEM # 28093
Councilman Moss requested an Item under UNFINISHED BUSINESS be ADDED relative a
Resolution providing for a Referendum on the question of whether the General
Assembly should be requested to AMEND the Charter of the City of Virginia Beach
to provide for the direct election of the School Board and to grant the School
Board limited taxing authority. Councilman Moss requested further discussion
relative this matter.
Item III-D.2 ITF14 # 28094
Councilwoman Henley requested an Item be ADDED under UNFINISHED BUSINESS
relative TRAVEL EXPENSES.
Item III-D-3 ITEM # 28095
The City Manager referenced an application of Betty C. Ghent for a variance to
Section 4.4(b) of the Subdivision Ordinance, which requires a minimum lot width
of 80 feet, lot width is measured at the rear of the required front yard, on
property located at 800-804 Le Cove Drive (Kempsville Borough). (See Item III-
G.l.b of the PLANNING AGENDA.)
In response to an inquiry by Councilwoman McClanan,the correct name was Indian
River Water Company, NOT River Lake Water Agency as printed in the Agenda.
Item III-D-4 ITEM # 28096
Vice Mayor Oberndorf advised of an addition under NEW BUSINESS relative an
announcement. The City Council had agreed to sponsor COURTHOUSE ELEMENTARY
SCHOOL in the "ADOPT-A-SCHOOL" PROGRAM.
Item III-D-5- ITEM # 28097
Councilman Perry requested an addition of an item under NEW BUSINESS relative
an Ordinance upon application of WAYNE BEAGLE for a Change of Zoning District
Classification from R-6 to A-2. (Said Ordinance was DENIED at the City Council
Meeting of September 21, 1987.)
Item III-D.6 ITEM # 28098
The City Clerk referenced the addition to the CONSENT AGENDA of two RESOLUTIONS
IN RECOGNITION to Detective Michael Derwent and Detective James McKinney (Grime
Solvers).
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.
Item III-E.1
MINUTES ITEM 28099
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
AMENDED the MINUTES of the INFOPd4AL & FORMAL SESSIONS of September 21, 1987.
Page 26, ITEM # 28053
ORDINANCE UPON APPLICATION OF MARGARET A. DRUMMOND,
JAMES R. & MARGUERITE D. JOHNSON FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2
Z09871182
6. There shall be one major curb cut as exists for the
shopping center on Holland Road (for ingress only),
entr&,ic@-@--t-he
@apartment pre"eet,- and only two other curb
cuts will be allowed on Shipps Corner Road, one of
which will correspond to the main entrance of the
proposed apartment project across Ships Corner
Road.
7. Impervious parking surface for shopping center
shall be maintained. Landscaping shall be
generously distributed throughout the parking lot
to protect view of cars and from sun. This shall
not be as shown on plan but as discussed in City
Council Meeting of September 21, 1987, to be
included in the center dividers for each parking
area.
14. Recordation of a deed restriction committing the
developer to the site plan titled "Shipps Corner
Market-Concept Plan", as amended, drawn by Talbot
and Associates, as Project 871224 dated June 25,
1987, and revised June 30, 1987. Except said deed
restriction shall also encompass the amended
conditions stated above and shall be filed within
ten (10) days which shall take precedent over
Market-Concept Plan.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Ilenley, Reba S.
McClanan, Mayor Robert G. Jones, John D. Moss, Vice
Mayor Meyera E. Oberndorf, Nancy K. Parker and John
L. Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 12 -
Item IV-F.l.
PRESENTATIONS ITEM # 28100
Vice Mayor Oberndorf presented the EFFECTIVE GOVERNMENT ACHIEVEMENT AWARD which
had been given at the Banquet of the VIRGINIA MUNICIPAL LEAGUE to:
PUBLIC INFORMATION OFFICE
The Award was in recognition of the "I AM A CITY" EDUCATIONAL PROGRAM, designed
to introduce Elementary Students to City Government. The program includes a
field trip to City Hall, a Video Production and a 17 page work book. All of the
information was compiled by PIO. Vice Mayor Oberndorf commended the City staff
for their outstanding work.
Pamela M. Lingle, Director of Public Information, expressed appreciation and
introduced the members of her staff: Linda Stephenson, who conducts the tours
formulated the concept and scripting; Joan Brown, was the voice on the tape;
Diane Roche, Assistant to the Director, responsible for the 17 page work book;
and, Joe Dupuis, Municipal Cable Unit assisted on the script, as well as the
editing and the video.
PIO also received a Certificate of Merit for the Public Affairs Network
Citizen's Awareness Program (a three part campaign). This campaign consisted of
a package of Citizen Services, publications, a full color annual report and a
video tape annual report.
- 13 -
Item III-F.l.b.
PRESENTATIONS ITEM # 28101
Vice Mayor Oberndorf presented the ENVIRONMENTAL QUALITY ACHIEVEMENT AWARD
given at the Banquet of the VIRGINIA MUNICIPAL LEAGUE to:
OFFICE OF PUBLIC WORKS
Oral Lambert, Director of Public Works and Wade Kyle, Solid Waste Administrator
ACCEPTED this Award.
This AWARD reflects the City's Solid Waste Management Division and its Yard
Debris Trailer Program. This Program serves up to 200 residents per month and
provides a valuable service to residents of Virginia Beach. The Citizens
dispose of landscaping debris, too bulky for regular collection, in a trailer
and its is delivered free-of-charge to their home and picked up the following
day.
- 14 -
Item III-F.2.
PRESENTATIONS ITEM # 28102
Mayor Jones presented RESOLUTIONS IN RECOGNITION to:
DETECTIVE MICHAEL DERWENT
DETECTIVE JAMES McKINNEY
(VIRGINIA BFACH CRIME SOLVERS UNIT)
Detectives Derwent and McKinney received the Greg MacAleese Founder's Award for
1987 (Coordinator of the Year).
The VIRGINIA BFACH CRIME SOLVERS UNIT also received the 1987 Productivity Award
for most cases cleared in cities with populations of 250,000 to 500,000 and the
1987 Productivity Award for greatest dollar recovery for stolen
property/narcotics.
Chief Wall advised that of the charges filed by this unit, 97% of the people
are found guilty.
Danny Michaels, Chairman of the Board of the VIRGINIA BEACH CRIME SOLVERS
expressed appreciation for support.
1 5
Item III-F-3-
PROCLAMATIONS ITEM 28103
ADD-ON
Mayor Robert G. Jones PROCLAIMED the week of October 5-11, 1987:
MARCH OF DIMES WEEK
This PROCLAMATION acknowledged the efforts of the March of Dimes in helping to
reduce birth defects in children throughout Virginia Beach and the Commonwealth
of Virginia.
Attorney R. J. Nutter introduced Kristina Hornback, the POSTER CHILD,
celebrating her fourth Birthday, who was in attendance to ACCEPT the
PROCLAMATION. Helen, Kristinals mother, Brian Winfield, Campaign Director, and
Liz Silva, photographer, were also in attendance.
15a
riart;am;ati fin
WHEREAS, the March of Dimes is a non-profit foundation established to
prevent birth defects; and
WHEREAS, each year the Tidewater Chapter of the March of Dimes solicit
funds from the Virginia Beach business community by asking prominent leader
of the community to donate one hour of their time at a makeshift jail to
solicit contributions in the form of bail; and
WHEREAS, this event annually raises thousands of dollars used to reduc
the threat of birth defects in children in Virginia Beach and throughout
Virginia; and
WHEREAS, this year's Jail and Bail event will take place on October 6
and 7, 1987 at Lynnhaven Mall.
NOW, THEREFORE, 1, Robert G. Jones, Mayor of the City of Virginia
Beach, do hereby proclaim OCTOBI-:R 5 - 11, 1987 as
MARCII OF DIMI-;S WEEK
in Virginia Beach and acknowledge the efforts of the March of Dimes in
helping to reduce bi.rth defects in children throughout Virginia Beach
and the Commonwealt@L of Virginia.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal
of the City of Virgi-nia Beach, Virginia, to be affixed this twenty-first
day of September, ni-neteen hundred and eighty-seven.
yc
- 16 -
Item III-G.l.
PUBLIC HEARING
PLANNING ITEM # 28104
PLANNING
a. PRINCESS ANNE COMMONS I HISTORICAL AND CULTURAL DISTRICT
b. BETTY C. GHENT VARIANCE/SUBDIVISION ORDINANCE
c. VIRGINIA BEACH PROPERTIES, INC. VARIANCE/SUBDIVISION ORDINANCE
d. CAPE HENRY SCHOOL, INC. CONDITIONAL USE PERMIT
e. DONALD E. PERRY CUL-DE-SAC CLOSURE
- 17 -
Item III-G.l.a.
PUBLIC HFARING
PLANNING ITEM # 28105
The following registered in SUPPORT of the application but WAIVED their right
to speak:
Richard Browner, 207 81st Street, Phone: 463-6424, represented the applicant
B. H. "Pat" Bridges, 713 Tilden Place, Phone: 340-1829, represented Bridges and
Associates - Landscape Architects
Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City
Council ADOPTED an Ordinance upon application of PRINCESS ANNE COMMONS I:
ORDINANCE UPON APPLICATION OF PRINCESS ANNE COMMONS
I TO ESTABLISH AN HISTORICAL AND CULTURAL DISTRICT
Z010871183
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Princess Anne Commons
I to establish an Historical and Cultural District
on certain property located north of North Landing
Road beginning at the northwest intersection of
James Madison Boulevard and George Mason Drive.
Said parcel contains 40.9 acres. Plats with more
detailed information are availabie in the
Department of Planning. PRINCESS ANNE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth
day of October Nineteen Hundred and Eighty-seven.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 18 -
Item III-G.l.b.
PUBLIC HEARING
PLANNING ITEM # 28106
Betty C. Ghent, the applicant, advised the application was a residual piece of
property at the end of the road remaining from her Father's Will. One-half was
left to Mrs. Ghent's brother and one-half to herself. Said property consisted
of 2-1/2 acres in each parcel. Betty Ghent advised the Health Department had
granted permission for an easement where the septic lines cross over. The
Septic Tanks were tested and are in good working condition.
The City Manager advised, as per the Director of Public Utilities, if a gravity
sewer is available, there is a mandatory connection, but if, in fact, the
septic system is in good operation, the City has not required a grinder pump
to pump the sewage. The City does not require a mandatory connection.
Clarence Warnstaff, Director of Public Utilities, advised the State Health
Department must determine the septic tank system is in good operating order,
and then the City does not require the installation of a grinder pump.
Upon motion by Councilman Moss, seconded by Councilwoman McClanan, City Council
APPROVED a Variance to Section 4.4(b) of the Subdivision Ordinance upon
application of BETTY C. GHENT.
Appeal from Decisions of Administative offices in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Betty C. Ghent. Property
is located at 800-804 Le Cove Drive. Plats with
more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. Subject to the approval of the Septic Tank
receiving State Health Department Certification. At
such time as the Septic Tank would prove faulty,
the applicant must connect with the City Sewer
System.
2. In the event this property is improved and the
existing structures are replaced, connection must
be made to the existing City Sewer.
- 19 -
Item III-G.l.b.
PUBLIC HEARING
PLANNING ITF14 # 28lo6 (Continued)
Voting: 10-0
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 and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
John L. Perry*
Council Members Absent:
None
*Councilman Perry ABSTAINED as he did not feel the conditions were fair to the
owners of the land.
Councilman Perry requested information relative mandatory sewer connections on
Jack Frost Lane.
- 20 -
Item III-G.l.c.
PUBLIC HEARING
PLANNING ITEM # 28107
Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council
APPROVED an application of VIRGINIA BEACH PROPERTIES, INC. for a Variance to
Section 4.4(c) of the Subdivision Ordinance.
Appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Virginia Beach
Properties, Inc. Property is located at the
southwest corner of Daniel Smith Road and Lawrence
Drive. Plats with more detailed information are
available in the Department of Planning. BAYSIDE
BOROUGH
Councilman Heischober advised the degree of variance would have to enter into a
judgemental decision. The degree of variance was very minor on a corner lot.
Vice Mayor Oberndorf advised 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. The problem involved is not of so
general or recurring a nature as to make this particular variance a precedent
to agree to any other variances that might occur in the neighborhood.
Councilwoman Henley advised the presence of excess right-of-way immediately
adjacent to it may offset the possibility of a nonconforming lot. There shall
be excess right-of-way from Daniel Smith Road available to be utilized with
this property.
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.d.
PUBLIC HF.ARING
PLANNING ITEM # 28108
John Herzke, Traffic Engineer, referring to the site plan, advised the front
parking lot is for both student and teacher parking. The driveway on the far
right is for cars that pick up and drop off children (these consist of parents
who are not using the School Bus Service), the center driveway is for the
students who drive their vehicles and teachers, and the far left one is where
the buses will ingress and egress
W. E. Hudgins, Jr., 4536 Bonney Road, Phone: 499-4121, in response to
Councilwoman Parker's inquiries, advised by utilizing the concept mentioned by
John Herzke, will greatly increase the safety factor of the School's "pick-
up" and "drop-off". At the present time, all three activities exit one
driveway.
The City Clerk referenced a letter dated September 24, 1987, from F. B.
Wilhoit, land owner in the immediate vicinity of Cape Henry School in support
of same. (Said letter is hereby made a part of the record).
Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council
ADOPTED an Ordinance upon application of CAPE HENRY SCHOOL, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CAPE HENRY SCHOOL
INC. FOR A CONDITIONAL USE PERMIT FOR A PRIVATE
SCHOOL (ADDITION) H010871083
BE IT HEREBY OHDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Cape Henry School for
a Conditional Use Permit for a private school
(addition) at the southeast corner of Woodhouse
Road and Mill Dam Road. Said parcel is located at
1320 Mill Dam Road and contains 29.5 acres. Plats
with more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth
day of October Nineteen Hundred and Eighty-seven.
- 22 -
Item III-G.l.d.
PUBLIC HEARING
PLANNING ITEM # 28108 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
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 Abstaining:
Harold Heischober*
Council Members Absent:
None
*In compliance with the new CONFLICT OF INTFREST ORDINANCE, Vice Mayor
Oberndorf advised she would be in litigation with Cape Henry Collegiate, as her
COUGAR had been smashed by one of their School Buses.
"Councilman Heischober ABSTAINED as he was a Member of the Board of Trustees of
CAPE HENRY SCHOOL.
- 23 -
Item III-G.l.e.
PUBLIC HEARING
PLANNING ITEM # 28109
Attorney R. J. Nutter, 2809 South Lynnhaven Road, Phone: 431-3100, represented
the applicant and referenced a letter from William L. Rice,
Realtor/Appraiser, to Members of City Council advising the value of the
rededicated cul-de-sac and improvements was equal or greater than the value of
the cul-de-sac in its present unimproved state, and therefore it would appear
no further compensation to the City of Virginia Beach should be required from
the applicant. (Said letter is hereby made a part of the record). Attorney
Nutter therefore requested Condition No. 1 be WAIVED. The improvements were
estimated at approximately $16,000, not including the cost of acquisition and
legal and engineering engaged in thus far.
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council AUTHORIZED FINAL APPROVAL for an Ordinance upon application of DONALD
E. PERRY for the discontinuance, closure and abandonment of a cul-de-sac.
Application of Donald E. Perry for the
discontinuance, closure and abandonment of a cul-
de-sac located at the northern terminus of Baker
Road. Said parcel contains 9060 square feet more
or less. Plats with more detailed information are
available in the Department of Planning. BAYSIDE
BOROUGH.
Condition No. 1 shall be WAIVED:
1. Reserve the right of the City for the ultimate
disposition for this right-of-way by purchase
rather than direct conveyance, subject to
determination by the City Attorney's Office.
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
- 23a -
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET OF APPROXIlvIATELY 60 FEET,
MORE OR LESS, IN WIDTH, KNOWN AS BAKER ROAD, AT THE
NORTHERN TERMINUS OF SAID ROAD IN THE AIRPORT INDUSTRIAL
PARK, IN THE BAYSIDE BOROUGH IN THE CITY OF VIRGINIA
BEACH, VIRGINIA.
WHEREAS, it appearing by Affidavit that proper notice has
been given by Donald E. Perry that he would make application to the City
Council of the City of Virginia Beach, Virginia, on the 9th day of
Alarch, 1987, to have the hereinafter described street discontinued,
closed and vacated in accordance with 15.1-364 of the 1950 Code of
Virginia, as amended; and
WHEREAS, it is the judgment of the City Council that said
street be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the City Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be discontinued,
closed and vacated:
ALL THAT certain piece or parcel of land, lying,
situate and being in the Bayside Borough of ':he City
of Virginia Beach, Virginia, and described as:
The cul-de-sac at the northern terminus of Baker Road
in the Airport Industrial Park as shown on ttlat cer-
tain plat entitled "Street Dedication Plat of of Part
of Parcel B Subdivision for Samuel G. Jones, Jr. MB
92 p. 5311 dated September 5, 1984 and recorded in the
Circuit Court Clerk's Office in Deed Book 2374 at
page 1824.
It being located on the same property conveyed to
-1-
- 23b -
Donald E. Perry, homme sole, by deed from Douglas
Call, Jr. and Edwina V. Call dated December 30, 1986
and recorded in Deed Book 2583 at page 1863.
SECTION II
A certified copy of this Ordinance shall be recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
indexed in the name of City of Virginia Beach and Donald E. Perry, homme
sole, as if a deed to land.
SECTION Ill
This Ordinance shall be effective sixty (60) days from the
date of its passage.
RJN/7033.4.C
Adopted;
FINAL APPROVAL: October 5, 1987
-2-
- 24 -
Item III-I.l.
RFSOLUTION ITEM # 28110
John Perros, 1628 Cutty Sark Road, Phone: 481-1935, represented the Virginia
Beach Restaurant Association, advised of their support of the AMENDMENT
sponsored by Councilman Fentress. However, he expressed concern relative the
requirements of a legal sign.
Pat Janezeck, Director of Zoning, advised letters have been forwarded to all
property owners advising of the year's time limit on encroaching signs. The
Ordinance describing what constitutes a legal sign has been adopted.
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED:
Resolution referring an AMENDMENT to Section 944.1
of the Comprehensive Zoning Ordinance pertaining to
sign regulations in the B-5 Resort Commercial
District to the Planning Commission.
The Ordinance to Amend and Reordain Section 944.1
of the Comprehensive Zoning Ordinance pertaining to
sign regulations in the B-5 Resort Commercial
District shall be EXPEDITED from the Planning
Commission to City Council.
Councilman Fentress advised this Ordinance eliminates the section relating to
graphic or pictorial representations.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
-24a -
REQUESTED BY: COUNCILMAN ROBER-@ FENTRESS
1 A RESOLUTION REFERRING AN
1 AMENDMENT TO SECTION 944.1 OF THE
2 COMPREHENSIVE ZONING ORDINANCE TO
3 THE PLANNING COMMISSION.
4
5
6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That the attached proposed amendment to Section 944.1
9 of the Comprehensive Zoning Ordinance of the City of Virginia
10 Beach is hereby referred to the Planning Commission for
11 consideration and recommendation.
12
13 Adopted by the Council of the City of Virginia Beach,
14 Virginia, on this 5thday of October 1987.
15 WMM/epm
16 09/29/87
17 CA-02460
18 /Ordin/Proposed/944-l.res
- 24b -
AN ORDINANCE TO AMEND AND REORDAIN
1 SECTION 944.1 OF THE COMPREHENSIVE
2 ZONING ORDINANCE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO SIGN REGULATIONS IN
5 THE B-5 RESORT COMMERCIAL DISTRICT
6
7
8 WHEREAS, the B-5 Resort Cornmercial District comprises a
9 substantial and central portion of the City's resort area; and
10 WHEREAS, the resort area is a unique and invaluable
11 asset to the City and to the City's residents as a place offering
12 a variety of recreational activities and as a center of tourism
13 generating substantial revenue to promote the general welfare of
14 the City and its residents; and
15 WHEREAS, the revitalization of the resort area and its
16 continued viability as a center of tourism and recreation will be
17 promoted by enhancing the aesthetic qualities of the resort area;
18 and
19 WHEREAS, the number, s i z e ,design and other
20 characteristics of signs in the B-5 Resort Commercial District
21 have a significant impact upon the attractiveness of the resort
22 area to tourists and residents of the City;
23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
24 THE CITY OF VIRGINIA BEACH, VIRGINIA:
25 That Section 944.1 of the Comprehensive Zoning
26 Ordinance of the City of Virginia Beach, Virginia, pertaining to
27 sign regulations, is hereby added to read as follows:
28
29 Section 944.1. Sign regulations.
30 (a) The B-5 Resort Commercial District is hereby
31 declared a special sign district, in which the following
32 regulations shall apply. The provisions of this section shall be
33 in addition to, and not in lieu of, any other ordinance or
34 regulation pertaining to signs, and to the extent that any
35 provision of this section conflicts with any other ordinance or
36 regulation, the provision of this section shall control.
- 24c -
37 (b) Within the B-5 Resort Commercial District, no sign
38 shall:
39 (1) Contain any commercial matter other than the name
40 of the establishment and not more than two words
41 designating the type of establishment advertised
42 thereby;
43 (2) Contain, consist of, be illuminated by, or be
44 attached or connected to any moving, flashing,
45 blinking, alternating or pulsating lights or lights
46 changing in intensity, except lights indicating the
47 temperature or time of day in alternating cycles of not
48 less than five seconds;
49 (3) Be permitted to remain in a state of disrepair or
50 deterioration for any period of time longer than is
51 necessary to effect the repair or restoration of such
52 sign. For purposes of this section, the terms
53 "disrepair" and "deterioration" shall include, but not
54 be limited to, the chipping, cracking, peeling or
55 excessive fading of paint or other coloration, and
56 damage to the advertising face or other component of
57 any sign.
58 (c) No sign located on or in any window, or located
59 behind any window in such manner as to attract the attention of
60 persons outside of the establishment, shall have a surface area
61 greater than twenty percent (20%) of the surface area of such
62 window, not to exceed sixteen (16) square feet.
63 tdl---
64 -1- ded r-however7
65 that--t-he- i-@d - @f-@- @@ed- -by -
66 p-icter ia I be- t-r-pereent
67
68 sqttare-feet7-whichever-is-iessT
69 tet(d) For each forty (40) feet of frontage, and for
70 each eighty (80) feet of lot line adjoining a street but not
71 constituting frontage, not more than one sign and not more than a
2
- 24d -
7 2 total of sixteen (16) square feet of surface area of signage
73 shall be permitted; provided, however, that no establishment
74 shall have more than two (2) signs of which one may be a free-
75 standing sign; and provided further, that no establishment having
76 a frontage of less than one hundred (100) feet shall have a free-
77 standing sign. No free-standing sign shall exceed two (2) faces,
78 neither of which shall exceed thirty-two (32) square feet of
79 surface area, and no sign of any other type shall exceed seventy-
80 five (75) square feet of surface area. Any establishment having
81 less frontage or lot line adjoining a street than is required
82 hereinabove may have one (1) sign not exceeding sixteen (16)
83 square feet of surface area.
84 fft(e) Sign regulations pertaining to multiple-family
85 dwellings shall be the same as those applying in the A-1
86 Apartment District.
87 fg-y(f) Where there is an established neighborhood
88 commercial center containing at least five (5) establishments and
89 at least forty thousand (40,000) square feet of land area, there
90 shall be not more than one (1) center identification sign for
91 each principal entrance. No such sign shall have more than two
92 (2) faces, neither of which shall exceed thirty-two (32) square
93 feet of surface area. Such center identification sign shall
94 contain only the name of the center.
95 fhl(g) Signs advertising property for sale, lease or
96 rent shall be permitted; provided, however, that no such sign
97 shall exceed sixteen (16) square feet in surface area. Not more
98 than two (2) signs shall be permitted for any property having
99 more than one hundred (100) feet of lot line at the street right-
100 of-way, and any property having less than one hundred feet of
101 such lot line shall have no more than one sign not exceeding
102 sixteen (16) feet of surface area.
103 fif(h) Beacon lights or search lights may be permitted
104 for purposes of advertisement of special events for a period not
105 in excess of forty-eight (48) hours.
3
- 24e -
106 f@t(i) To facilitate occupancy in a new neighborhood
107 commercial center containing at least forty thousand (40,000)
108 square feet of land area, there shall be not more than one (1)
109 temporary sign, which shall not exceed thirty-two (32) square
110 feet of surface area. Such sign shall be removed when seventy
ill percent (70%) of the property is occupied or leased or after a
112 period of twenty-four (24) months, whichever event first occurs.
113 fkt(j) The provisions of this section shall not apply
114 to hotels and motels within the B-5 Resort Commercial District.
115 Sign regulations pertaining to hotels and motels shall be as
116 apply in the H-2 Resort Hotel District.
117 f+t(k) The provisions of this section shall be deemed
118 to be severable, and if any of the provisions hereof be adjudged
119 to be invalid or unenforceable, the remainder of this section
120 shall remain in full force and effect and its validity shall
121 remain unimpaired.
122 Adopted this day of 1987, by
123 the Council of the City of Virginia Beach, Virginia.
124 WMM/epm
125 09/29/87
126 CA-02460
127 /ordin/Proposed\0944-l.Pro
4
25 -
Item III-I.l.
ORDINANCES ITE14 # 28111
Councilman Moss advised in discussions with the Legal Staff, it would be
permissible to add the School Board to the Ordinance designating certain
appointees and employees to file a disclosure statement of their personal
interests in accordance with the Conflict of Interests Act. Any Body appointed
by the City Council can be included. The School Board accounts for
approximatelY 42% of the City's Public Expenditure. Councilman Moss believed
there should be discussion relative the objective served by disclosure and the
best way to achieve same.
Councilwoman Parker requested the City Attorney to send to the Chairman of each
of the Boards and Commissions and the Department Heads listed in said
Ordinance, the booklet entitled: "STATEMENT OF ECONOMIC INTERESTS"
(Commonwealth of Virginia/Secretary of the Commonwealth).
Councilman Fentress advised said Ordinance was not being very consistent as all
Department Heads were not included.
Vice Mayor Oberndorf suggested the City invite the Deputy Attorney General who
appeared at the WORKSHOP in Alexandria for the VIRGINIA MUNICIPAL LEAGUE
relative the CONFLICT OF INTEREST as he presented same in understandable terms.
Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council
DEFERRED until the City Council Meeting of October 26, 1987:
Ordinance designating certain appointees and
employees to file a disclosure statement of their
personal interests and other information specified
on the form set forth in Section 2.1-639-15 of the
Code of Virginia State and Local Government
Conflict of Interests Act.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
@IcClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, ITancy K. Parker and John L. Perry
Council Members Voting Nay:
Robert E. Fentress
Council Members Absent:
None
- 26 -
Item III-I.2
ORDINANCES ITEM # 28112
Attorney Glen Thompson, 1425 Goose Landing, Phone: 340-3100, spoke in support
of the Ordinance.
Robert McFeeters, 4524 Powells Point Road, Phone: 464-2587, offered services
when Task Force was formulated to investigate the City's Waterways.
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia, by repealing
Section 6-123 pertaining to windsurfing devices.
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 14embers Absent:
None
APPROVED AS TO CONTENTS - 26a -
SIGNATURE -@IQUESTED BY: COUNCILMAN ROBERT PENTRESS
DEPARTMENT
APPROVED AS TO LEGAL
ORDINANCE TO AMEND AND REORDAIN
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY REPEALING
4 SECTION 6-123 PERTAINING TO
5 WINDSURFING DEVICES
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 repealing Section 6-123:
11
12
13
14
15 f a 1/2 - I t -
16 any-peTI5,511--t@
17 prope-l-led- --&L-vi7ee- -Pos-iti:on7
18 within-+.h@
19
20 include--t@
21 north-cf-the-Lynnhaven-Bridge-and-extending-thr6ugh-the-bynnhaven
22 - heng-
23
24 agenciest
25 f
26
27
28
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the 5th day of October 1987.
31
32 WEB/epm
33 09/29/87
34 CA-02459
35 \ordin\proposed\06-123.pro
36
- 27 -
Item III-I.3.
ORDINANCES ITEM # 28113
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED upon SECOND READING:
Ordinances to accept and appropriate $10,228,271
from FY 188 for the payment of purchase orders
brought forward from YY 187.
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 t John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Items III-I-3 and III-I.4. were voted upon together.
27a -
AN ORDINANCE TO APPROPRIATE $10,228,271
FOR FISCAL YEAR 1988 FOR THE PAYMENT OF
PURCHASE ORDERS BROUGHT FORWARD FROM
FISCAL YEAR 1987
WHEREAS, during the course of business in fiscal year 1987, purchase
orders or contracts were issued committing the city 'to purchases of materials,
supplies, equipment or services for use by several departments, divisions, or
bureaus, and
WHERF-AS, these purchase orders or contracts were charged to appropriations
previously authorized for the fiscal year ended June 30, 1987 so as to reduce the
unencumbered balance of those appropriations, and
WHEREAS, on June 30, 1987 there were purcbase orders or contracts
totalling $10,228,271 for which materials, supplies, equipment or services had not
been delivered or invoiced.
NOW, THEREFORE, BE IT ORDAINED BY TIIE COUNCIL 01- THE CITY OF VIRGINIA
BF,ACH, that the funds totalling $10,228,271 unexpended and i-epresented by purchase
orders outstanding on June 30, 1987 be reappropriated as additions to fiscal 1988
appropriations to the respective departments, divisions, or bureaus of the city so
that upon delivery of the materials, supplies, equipment or services, there shall be
sufficient funds to make payment. These funds shall b@a appropriated from the
following respective fund balances:
General $ 5,927,296
School Operating 2,765,558
Water and Sewer 982,535
E-911 Communication System 198,610
Golf Course 119,251
City Garage 111,007
Telecom 42,513
Print Shop 35,543
Pendleton Child Service Center 19,937
Automated Finger Print ID 14,767
Tidewater Virginia ASAP 6,217
Risk Management 4,074
Law Library 810
Marine Science Museum Gift Shop 153
Total Outstanding $10,228,271
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
5 October
day of 1987.
PUBLIC HEARING: --- September -21,- 1-987
FIRST READING: --- September -21,--1987
SECOND READING: --- OctQber-5,-1987 -----
- 28 -
Item III-I-4a/b/c
ORDINANCES ITEM # 28114
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED upon SECOND RFADING:
Ordinances to accept and appropriate $19,268,929
for YY 187/88 School Board Grants and Enterprise
Funds:
Textbook Rental Fund Budget - $1,348,801
School Programs funded by Special
Categorical Grants - $8,211,255
School Cafeteria Enterprise
Fund Budget - $9,708,873
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
Councilman Moss advised in compliance with the City's NEW CONFLICT OF INTEREST
AND DISCLOSURE ORDINANCE, his wife is a School Teacher in the Virginia Beach
School System, but said employment does not impair his judgement to evaluate
said Ordinance in an impartial manner.
Items III-I-3 and III-1-4. were voted upon together.
28a
z
z
0
o 7
AN ORDINANCE TO APPROPRIATE FUNDS OF
$1,348,801 FOR THE FY 1987-88 SCHOOL
TEXTBOOK RENTAL FUND BUDGET
0
rz
WHERFAS, the Attorney General of Virginia has opined that School
Board expenditures of funds generated by the rental of textbooks require an
appropriation of the local governing body, and
WHERFAS, the Virginia Beach School Board has a textbook rental
plan whereby rental income is deposited in a textbook rental fund and purchases
of textbooks and other related expenses are paid from this fund, and
WHERFAS, the School Board has submitted a Textbook Rental Fund
budget for YY 1987-88 in order to comply with the Attorney General's opinion, and
WHEREAS, the Textbook Rental budget approved by the School Board
included total revenues of $1,348,801 and total disbursements of $1,348,801 for
fiscal year 1987-88.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BF-ACH, VIRGINIA that funds of $1,348,801 be appropi7iated for a School
Textbook Rental Fund budget in the manner approved by the Sc@hool Board.
BE IT FURTM ORDAINED that this appropriatic)n be financed by
Estimated Revenues of $1,348,801 in the School Textbook Rent:al Fund.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the 5 day of October , 1987.
FIRST READING: September 21, 1987
October 5, 1987
SECOND READING:
PWC WP2/SCHLS117
28b -
AN ORDINANCE TO APPROPRIATE FUNDS OF
$8,211,255 FOR CITY OF VIRGINIA BF.ACH
SCHOOL PROGRAMS FUNDED BY SPECIAL
OOL YEAR 1987-@38
CATEGORICAL GRANTS FOR SCH
WHEREAS, the Virginia Beach School Board has been notified that it
will receive funds of $8,211,255 through special state and federal categorical
grants for the school year 1987-88, and
WHERF-AS, these funds were not included in the FY 1987-88 School
Operating Budget approved by City Council. and
WHERF.AS, the School Board approved this funding and requests that
City Council appropriate these funds, and
WHERF.AS, it is desirable and necessary for the City Council to
appropriate these funds prior to the expenditure itself.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BF-ACH, VIRGINIA that funds of $8,211,255 be appropriated for school
purposes for FY 1987-88.
BE IT FURTHER ORDAINED that this appropriation be financed by
$311,000 estimated revenue from the Co=nonwealth and $7,900,255 estimated revenue
from the Federal Government, and
BE IT FURTHER ORDAINED that this appropriation is authorized
subject to the expenditures being incurred with no local mat:ch.
This ordinance shall be effective from the dzite of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the - 5 day of October , 1987.
FIRST READING: September 21, 1987
SECOND READING: October 5, 1987
PWC WP2/SCHLS116
28c
AN ORDINANCE TO APPROPRIATE FUNDS O'F
$9,708,873 FOR THE FY 1987-88 SCHOOL
CAFETERIA ENTERPRISE FUND BUDGET
WHERF.AS, the Attorney General of Virginia has opined that School
Board expenditures of funds generated by the sale of cafeteria meals require an
appropriation of the local governing body, and
, the Virginia Beach School Board has a cafeteria meal
program whereby meal income is deposited in a cafeteria enterprise fund and
purchases of food and other related expenses are paid from this fund, and
WHEREAS, the School Board has submitted a Cafeteria Enterprise
Fund budget for YY 1987-88 in order to comply with the Attorney General's
opinion, and
WHERF.AS, the Cafeteria Enterprise Fund budget approved by the
School Board included total revenues of $9,708,873 and tota'L disbursements of
$9,708,873 for fiscal year 1987-88.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds of $9,708,873 be appropriated for a School
Cafeteria Enterprise Fund budget in the manner approved by the School Board.
BE IT FURTHER ORDAINED that this appropriation be financed by
Estimated Revenues of $9,708,873 in the School Cafeteria Enterprise Fund.
This ordinance shall be effective from the diate of its adoption.
Adopted by the Council of the City of Virgin:La Beach, Virginia on
the 5 day of October . 1987.
FIRST READING: September 21, 1987-
October 5, 1987
SECOND READING:
PWC WP2/SCHLS250
- 29 -
Item III-J
CONSENT AGENDA TTEM # 28115
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council APPROVED in ONE NOTION, Items 1, 2, 3, 4, 5, 6 and the ADD-ON
Resolutions.
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
Councilman Moss advised in compliance with the City's NEW CONFLICT OF INTEREST
AND DISCLOSURE ORDINANCE, his wife is a School Teacher in the Virginia Beach
School System, but said employment does not impair his judgement to evaluate
said Ordinance (Item III-J.2 of the CONSENT AGENDA) in an impartial manner.
- 30 -
Item III-J.l.a/b.
CONSENT AGENDA ITEM # 28116
ADD-ON
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council ADOPTED RESOLUTIONS IN RECOGNITION to:
DETECTIVE MICHAEL DERWENT
DETECTIVE JAMES McKINNEY
(VIRGINIA BFACH CRIME SOLVERS UNIT)
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
Counci.1 Members Absent:
None
- 30a -
RESOLUTION IN RECOGNITION
WHEREAS: The Police Department of the City of Virginia
Beach faithfully serves the communlty in the prevention of and
protection from crime; and
WHEREAS: The Virginia Beach Crime Solvers Unit of the
Police Department works closely with the public to provide
invaluable investigatlve information regarding criminal activity;
and
WHEREAS: Such program has in four consecutive years been
recognized by Crime Stoppers International and presented the
Productivity Award for mort cases cleared in cities of this
population category; and
WHEREAS: The success of such a valuable program is due to
the dedication and commitment of. many fine people, especially
those who lead it;
Now, therefore, be it resolved that the Virginia Beach City
Council, on behalf of the citizens of Virginia Beach, expresses
deep gratitude and respect to
DETECTIVE MICHAEL DERWENT
who was awarded the 1987 Greg MacAleese Founder's Award fcr
Coordinator of the Year by Crime Stoppers International.
Detective Derwent was instrumental in the establishment of the
Crime Solvers program in Virginia Beach in 1982, and has served
13 years with the Virginia Beach Police Department.
Given under my hand and seal
this fifth day of October,
Nineteen Hundred Eighty-Seven
Ro-bert G. Jones, Mayor
- 30b -
RESOLUTION IN RECOGNITION
WHEREAS: The Police Department of the City of Virginia
Beach faithfully serves the community in the prevention of and
protection from crime; and
WHEREAS: The Virginia Beach Crime Solvers Unit of the
Police Department works closely vith the public to provide
invaluable investigative information regardlng criminal activity;
and
WHEREAS: Such program has in four consecutive years been
recognized by Crime Stoppers International and presented the
Productivity Avard for most cases cleared in cities of this
population category; and
WHEREAS: The success of such a valuable program is due to
the dedication and commitment of many fine people, especially
those who lead it;
Now, therefore, be it resolved that the Virginia Beach City
Council, on behalf of the citizens of Virginia Beach, expresses
deep gratltude Bnd respect to
DETECTIVE JAMES McKINNEY
vho vaB avarded the 1987 Greg MacAleese Founder's Avard for
Coordinator of the Year by Crime Stoppei-a International.
Detective McKinney vas instrumental in the esi,.ablishment of the
Crime Solvers program in Virginia Beach in 1982 and has served 10
years with the Virginia Beach Police Department.
Given under my hand and seal
this fifth deiy of October,
Nineteen Huncired Eighty-Seven
Robert G. Jones, Mayor
- 31 -
ltem III-J.1
CONSENT AGENDA ITEIM # 28117
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 10-1 of the
Code of the City of Virginia Beach, Virginia
pertaining to establishment of election districts
and voting places.
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
31 a -
0
z,@ f7
8 y 7
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 10-1 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA
4 PERTAINING TO ESTABLISHMENT OF
5 ELECTION DISTRICTS AND VOTING
6 PLACES.
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 10-1 of the Code of the City of Virginia
11 Beach is hereby amended and reordained to read as follows:
12
13
14 Section 10-1. Establishment of election districts and voting
15 places.
16
17 There are hereby established in the City of Virginia
18 Beach the following election districts and their respective
19 voting places, as set forth below:
20
21
22
23 ELECTION DISTRICT VOTING PLACES
24
25
26
27 Alanton Alanton Elementary School
28 Aragona Adult Learning Center
29 Arrowhead Arrowhead Elementary School
30 Bayside Bayside Elementary School
31 Bellamy Indian Lakes Elementary School
32 Blackwater Blackwater Fire Station
33 Bonney Center for Effective Learning
34 Brandon Brandon Junior High School
35 Cape Henry Research and Enlightenment
36 Building
37 Capps Shop Mosquito Control Building
38 Chesapeake Beach Chesapeake Beach Fire Station
39 College Park College Park Elementary School
40 Courthouse Courthouse Fire Station
41 Creeds Creeds Fire Station
42 Davis Corner Bettie F. Williams Elementary
43 School
44 Fairfield Fairfield Elementary School
45 Great Neck John B. Dey Elementary School
46 Green Run Green Run Elementary School
47 Holland Holland Elementary School
48 Homestead Providence Presbyterian Church
49 Kempsville Point of View Elementary School
50 Kings Grant Kings Grant Elementary School
51 Kingston Kingston Elementary School
52 Lake Christopher New Covenant Presbyterian Church
53 Lake Smith Shelton Park School
54 Larkspur Kempsville meadows Elementary
55 School
56 Linkhorn The Evangelical Lutheran Church
57 of the Good Shepherd
58 Little Neck St. Aidan's Episcopal Church
59 London Bridge London Bridge Baptist Church
60 Lynnhaven Lynnhaven Colony United Church of
61 Christ
62 Magic Hollow Roma Lodge No. 254
63
64 Malibu Malibu Elementary School
65 Mt. Trashmore Windsor Woods Elementary School
66 Oceana Scott Memorial United Methodist
67 Church
68 Ocean Park Bayside Christian Church
69 Old Donation Old Donation Center for Gifted
70 Pembroke Pembroke Meadows Elementary
71 School
72 Plaza Lynnhaven Elementary School
73 Providence Kempsville Recreation Center
74 Red Wing Fire Training Center
75 Salem Word of Life Christian Center
76 Seatack Seatack Elementary School
77 Shannon Kempsville Elementary School
78 Sigma Sandbridge Fire Station
79 Stratford Chase ealvary-Assembly-of-God
80 Providence Elementary School
2
81 Thalia Thalia Elementary School
82 Thoroughgood Independence Junior High School
83 Timberlake White Oaks Elementary School
84 Trantwood Trantwood Elementary School
85 Virginia Beach - A Galilee Episcopal Church
86 Virginia Beach - B Virginia Beach Junior High School
87 Virginia Beach - C Cooke Elementary School
88 Windsor Oaks Windsor Oaks Elementary School
89 Witchduck Luxford Elementary School
90 Wolfsnare Eastern Shore Chapel
91 Woodstock Avalon Church of Christ
92 Central Absentee Voter
93 Election District Agriculture/Voter Registrar
94 Building
95
96 Pursuant to the Voting Rights Act, this ordinance
97 shall not be effective until approved by the United States
98 Department of Justice.
99
100 Adopted by the Council of the City of Virginia Beach,
101 Virginia, on the 5th day of October 1987.
102
103 JDB/epm
104 09/28/87
105 CA-02458
106 \ordin\proposed\10-001.pro
107
3
- 32 -
Item III-J.2
CONSENT AGENDA ITEM # 28118
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to TRANSFER $323,344 from Capital
Projects to close out completed Capital Projects
for FY 186/87.
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
Councilman Moss advised in compliance with the City's NEW CONFLICT OF INTEREST
AND DISCLOSURE ORDINANCE, his wife is a School Teacher in the Virginia Beach
School System, but said employment does not impair his judgement to evaluate
said Ordinance (Item III-J.2 of the CONSENT AGENDA) in an impartial manner.
-32a
AN ORDINANCE To nzANSFER APPROPRIATIONS
BETWEEN CAPITAL PROJECTS TO CIDSE-OUT
COMPLETED CAPITAL PROJECTS
FOR FISGAL YEAR 1986 - 1987
WHEREAS, various capital projects have been completed and it is
necessary to close-out tbe financial records of these capital projects for FY
1986-1987, and
WHEREAS, some completed projects have excess and some insufficient
appropriations, and
WHEREAS, the close-out requires appropriations and expenditures be
equal for each completed project.
NOW, THEREFORE, BE IT ORDAINED BY THE COLJNCIL OF THE CITY OF VIRGINIA
BF-ACH that appropriations be transferred between capital projects as enumerated
below to allow the close-out of completed capital projects.
PROJECT CLASS/PROJECT: AMOUNT
School Projects
Transfer From:
1-971 Independence Junior High Tennis Courts 19,839
Transfer To:
-1-954 Center for Effective Learning 19,839
NET TRANSFER 0
Engineering and Highway Projects
Transfer From:
2-027 London Bridge Creek Drainage - 17,161
2-828 Independence Boulevard/Ferrell Parkway Intersection - 172,853
Transfer To:
*2-401 Newtown Road + 64,546
*2-705 Bonney Road + 43,162
*2-827 Wayside Bridge + 10,233
*2-900 Providence Road-Phase IV + 72,073
NET TRANSFER 0
Buildings
Tran,pfer From:
*3-933 Landfill #2-Expansion 33,553
Transfer To:
3-940 Refuse Transfer Station + 33,553
NET TRANSFER 0
Parks and Recreation Projects
Transfer From:
4-807 Great Neck Meadows Park 25,413
Transfer To:
*4-919 Birchwood, Malibu, Carolanne Farms + 25,413
NET TRANSFER 0
Water and Sewer Projects
Transfer From:
5-834 Mill Dam Road - 18,959
5-838 Lake Smith - 35,566
Transfer To:
-2-947 Mill Dam Street/Water/Sewer + 54,525
NET TRANSFER 0
-Active Projects
This ordinance shall be in effect from the date of its adoption.
Adopted by tbe Council of the City of Virginia Beach, Virginia on
the 5th day of Oct-,h@r 1 1987.
CITY OF VIRGINIA BEACH, VIRGINIA
LIST OF COMPLETED CAPITAL PROJECTS
TO BE CIDSED-OUT JUNE 30, 1987
Total
School Projects: Expenditures
1-911 Shelton Park Elementary Renovation $ 353,002.58
1-915 Princess Anne Junior High Tennis Courts 203,859.16
1-917 Birdneck Elementary 7,797,699.00
1-932 School Plant Maintenance 68,000.00
1-952 Rosemont Forest Elementary 4,920,000.00
1-956 Red Mill Farm Elementary Site Acquisition 250,000.00
1-971 Independence Junior High Tennis Courts 55,160.78
TOTAL $ 13,647,721.52
Engineering and Highway Projects
2-015 Seatack Site Development $ 39,023.35
2-026 Diedging-Rudee Inlet Entrance 837,000.11
2-027 London Bridge Creek Drainage 112,838.72
2-047 Sandbridge Bikeway 175,245.36
2-060 Sbore Drive In Site Drainage 50,803.00
2-501 Ferrell Parkway-Phase IIIA 72,387.00
2-813 Newlight Street 2,159.87
2-828 Independence Boulevard/Ferrell Parkway Intersection 130,600.00
2-904 Doyletown Street 5,081.31
2-908 North Lynnhaven Road 30,775.52
2-924 Cape Story/Henry Shore Drainage 1,450.00
2-942 Beechwood Streets 29,424.00
TOTAL $ 1,486,788.24
Building Projects
3-617 Rose Hall Site Improvements $ 1,021,735.66
3-928 Virginia Museum of Marine Science 6,274,342.66
3-931 Parks and Recreation Office Renovation 251,709.94
3-940 Refuse Transfer Station 1,133,553.36
3-961 Municipal Center Master Plan 17i,870.00
3-966 TCC Site Improvements-Phase II1 150,000.00
TOTAL $ 9,003,211.62
Parks and Recreation
4-802 Woodstock Park $ 953,928.50
4-807 Great Neck Meadows Park 21,732.88
4-810 Linkhorn Cove Park 106,146.00
4-915 Lynnhaven Park Racquetball 220,679.99
TOTAL $ 1,302,487.37
Water and Sewer Projects
5-834 Mill Dam Road $ 207,199.67
5-838 Lake Smith 137,433.71
6-830 Lynnhaven Acres 175,132.00
6-931 Sandbridge-Phase I 244,192.00
6-961 Bellwood Estates 138,387.50
6-966 Shore Drive-In Condo 63,500.00
6-967 Lago Mar Section 6 24,277.00
TOTAL $ 990,121.88
TOTAL ALL PROJECTS $ 26,430,330.63
CITY OF VIRGINIA BFACH, VIRGINIA
PROJECTS TO RECEIVE EXCESS APPROPRIATIONS
FROM CAPITAL PROJECT CLOSE-OUT
FOR FISCAL YEAR 1986-1987
Project/Explanation Amount
1-954 Center for Effective Learning $ 19,839
- For revision in site plan to alleviate drainage
problem
2-401 Newtown Road 64,546
- For city's share share of additional costs and
utility relocations
2-705 Bonney Road 43,162
- For additional utility relocation costs
2-827 Wayside Bridge 10,233
- For city's share of additional costs due to increase
in state contract
2-900 Providence Road-Phase IV 72,073
- For city's sbare of additional costs due to increase
in state contract
2-947 Mill Dam Streets/Water/Sewer 54,525
- For additional construction costs. Community Development
Project.
3-940 Refuse Transfer Station 33,553
- For additional equipment costs. Completed project.
4-919 Birchwood, Malibu, Carolanne Farms 25,413
- For additional site work and construction costs
TOTAL 344
- 33 -
Item III-J.3.
CONSENT AGENDA ITEM # 28119
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council APPROVED:
Low Bid to McKenzie Construction Corporation in the
amount of $1,106,300 for Boardwalk revitalization
and Oceanfront connector parks projects.
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
- 34 -
Item III-J.4.
CONSENT AGENDA ITEM # 28120
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council APPROVED:
Low Bid to A&W Contractors, Inc. in the amount of
$127,196.70 for water service to residents of
Kempsville Colony currently served by wells,
without City water service, and who have obtained
51% participation for requesting City water
service.
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
- 35 -
Item III-J.5
CONSENT AGENDA ITEM # 28121
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council APPROVED:
RAF'FLE PERMITS:
Pembroke United Church of Christ
Kiwanis Club of Lynnhaven
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
- 36 -
Item III-J.6.
CONSENT AGENDA ITF14 # 28122
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council APPROVED:
Ordinance Authorizing Tax Refunds in the amount of
$2,373-91 upon application of certain persons and
upon certification of the City Treasurer for
Payment.
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
- 36a -
FORM NO. C.A. 7
9/10/87 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Year of Tax Number tion No. Paid
Clark & Stant P C 86 RE(6mo) 112105-5 411811-16 211.90
Clark & Stant P C 86 RE(2/2) 68565-1 4/18/36 40.00
Arthur M & Margaret Luken 87 RE(1/2) 62020-2 6/25/87,@ 52.38
Justin Investments 87 RE(1/2) 53384-1 6/30/87 29.20
First Union Mortgage 86 RE(1/2) 95474-4 12/5/85 40.07
First Union Mortgage 86 RE(2/2) 95474-4 5/16/86 40.07
Harold L & Suzy Johnson 87 RE(2/2) 51826-1 8/25/87 24.12
Thomas W & Doris Hopkins 87 RE(2/2) 47852-6 8/28/87 24.67
Contel Credit Cor.0 Leasing 87 pp 35081-3 62707 6/5/87 609.03
Providence Square Auto Parts 86 pp 219539-1 62379 12/5/86 521.88
Harry T Hickson 87 pp 78936-0 62553 5/27/87 302.10
Milton L Josephine Miles 87 pp 117056-0 61690 5/12/87 52.44
Rubin Hamilton & Karesh 87 pp 147066-5 62387 6/5/87 401.05
Kathryn Lewis N/A Pkng 157088 7/13/87 10.00
Lia Jimenez N/A Pkng 162371 7/30/87 15.00
Total 2,373.91
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Ce
were approved by
the Council of the City of Virginia
Beach on the t@ day of ctober, j987
Jo
Approved as t@orm:
Ruth Hodges Smith
City Clerk
rney
- 37 -
Item III-K.l.
UNFINISHED BUSINESS ITEM # 28123
ADD-ON
Councilwoman Henley referenced the article in THE BFACON on October 4, 1987,
concerning TRAVEL EXPENSES. The amounts reiterated were somewhat misleading as
the amount bore no explanation. Councilwoman Henley advised the amount was too
low. Councilwoman Henley's room and travel expense were not reflected as she
shared facilities; therefore, the expenses incurred by her are actually
attributed to other Council Members.
At the VIRGINIA MUNICIPAL LEAGUE Conference in Alexandria, Councilwoman Henley
shared a room with Vice Mayor Oberndorf. The funds were all in the Vice
Mayor's account as she stayed longer than Councilwoman Henley. Council Members
attending the VIRGINIA MUNICIPAL LKAGUE Legislative Conference in Richmond and
the NATIONAL LEAGUE CITIES in Washington all rode together in Councilwoman
Parker's van; therefore, the travel expenses for those two trips were most
probably reflected in Councilwoman Parker's account. Part of the Parking would
be reflected in Councilman Fentress's account as he paid for this expenditure.
Counclwoman Henley requested a method be devised by the City Finance Department
assure all expenses are attibuted to the proper individual.
- 38 -
Item III-K.2.
UNFINISHED BUSINESS ITEM # 28124
ADD-ON
Councilman Moss distibuted the amended version of CHAPTER 16. DEPARTMENT OF
EDUCATION to City Council Members which will accompany Resolution providing for
a Referendum on the question of whether the General Assembly should be
requested to AMEND the Charter of the City of Virginia Beach to provide for the
direct election of the School Board and to grant the School Board limited
taxing authority.
The proposal eliminates the limitation on taxing authority; however, the School
Board is limited to real estate as their source of income in terms of locality
and their access to 5% of the overall revenues of the City from other sources
has been eliminated.
Councilwoman Henley requested the City Clerk to prepare a Verbatim relative
City Council's discussion on the ADOPTION of the Resolution at the City
Council Meeting of August 24, 1987.
Mayor Jones and Councilwoman McClanan mentioned the critical discussion was
held during EXECUTIVE SFSSION.
This item will be SCHEDULED for the the City Council Meeting of October 12,
1987.
Councilman Moss will return with his initial proposal.
- 39 -
Item III-L.1
NEW BUSINESS ITEM # 28125
Attorney Charles Salle', 192 Ballard Court, Phone; 490-3000, represented the
applicant and advised the reason for request for reconsideration is the size
of the building. Previously a 10,000 square foot building was requested. Now
11,730 square feet is required.
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City Council
SCHEDULED RECONSIDERATION for the City Council Meeting of October 26, 1987, of
an ORDINANCE upon application of VIRGINIA BEACH S.P.C.A., a Virginia Non-Stock
Corporation, for a Conditonal Use Permit:
ORDINANCE UPON APPLICATION OF THE VIRGINIA BEACH
S.P.C.A., A VIRGINIA NON-STOCK CORPORATION, FOR A
CONDITIONAL USE PERMIT FOR AN ANIMAL HOSPITAL
POUND, SHELTER AND KENNEL R012861002
Ordinance upon application of Virginia Beach
S.P.C.A., a Virginia Non-Stock Corporation for a
Conditonal Use Permit for an animal hospital,
pound, shelter and kennel on certain property
located on the east side of Holland Road, 650 feet
south of Landstown Road. Said parcel contains 2.5
acres. Plats with more detailed information are
avialable in the Department of Planning. PRINCESS
ANNE BOROUGH.
This Oridnance was ADOPTED by City Council on December 22, 1986.
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
- 40 -
Item III-L.2
NEW BUSINESS ITEM # 28126
Michael Barrett, representing the TWENTY-FIFTH ANNIVERSARY COMMITTEE,
acknowledged the presence of various members of tthe Committee: Giles Dodd,
Bruce Damm, Jim Dobbins, Jim Ricketts and Helen Crist.
Michael Barrett advised the entire BUDGET would entail approximately $215,000.
The TWENTY-FIRST ANNIVERSARY COMMITTEE is requesting $150,000. The Balance
would be raised from private sources which is estimated to be $65,000.
Between $70,000 and $80,000 would be expended on the OPENING CELEBRATION DINNER
at The Pavilion highlighting THE CITY'S 25th BIRTHDAY, possibly commencing on
January 8, 1988.
Councilwoman McClanan suggested utilizing a TWENTY-FIFTH ANNIVERSARY
CELEBRATION booklet in which advertising could be sold, thus raising
considerable funds.
Councilman Moss requested a fiscal staff impact statement from City Staff
concerning where the additional $125,000 funds can be derived and the items
which would have to be eliminated in the City's Operating Budget.
Councilwoman Parker requested a copy of the TWENTY-FIFTH ANNIVERSARY COMMITTEE
BUDGET.
Councilwoman McClanan requested more details concerning the OPENING CELEBRATION
DINNER, as same could be refined with a more specific cost figure. More
citizens should be involved in this Dinner. Councilwoman McClanan also
requested the costs involved in the CHESAPEAKE JUBILEE.
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council SCHEDULED an appropriation Ordinance in the amount of $150,000
(TWENTY-FIFTH ANNIVERSARY COMMITTEE) for the City Council Agenda of October 12,
1987.
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, Reba S.
McClanan, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Barbara M. Henley, John D. Moss and Vice Mayor
Meyera E. Oberndorf
Council Members Absent:
None
- 41 -
Item III-L-3-
UNFINISHED BUSINESS ITEM # 28127
ADD-ON
Vice Mayor Oberndorf ANNOUNCED BY CONSENSUS, City Council agreed to sponsor
COURTHOUSE ELEMENTARY SCHOOL in the "ADOPT-A-SCHOOL" PROGRAM.
Vice Mayor Oberndorf advised the ADOPT-A-SCHOOL PROGRAM is a joint effort
between the Chamber of Commerce, the Public School Systems and Virginia Beach
City Council.
The suggestion was made to sponsor COURTHOUSE ELEMENTARY SCHOOL. Vice Mayor
Oberndorf had advised through the "ADOPT-A-SCHOOL" PROGRAM, local businesses,
industries and organizations bring support in many forms to a district's
schools from volunteer tutors and speakers to educational equipment and
internships, from mentors and advisors to special projects and awards'
assemblies. Vice Mayor Oberndorf had distributed a packet in the INFORMAL
SESSION summarizing this Program and containing an A+ Pin.
- 42 -
Item III-L.4.
UNFINISHED BUSINESS ITEM # 28128
ADD-ON
Councilman Perry referenced an Ordinance upon application of WAYNE BFAGLE for a
Change of Zoning District Classification from R-6 to A-2. Said Ordinance had
been DENIED by City Council on September 21, 1987.
Councilman Perry advised he had received a letter from Mrs. O'Connor who is in
the hospital in Florida, as well as two 'phone calls from her son requesting
RECONSIDERATION of the application of WAYNE BFAGLE. She wishes only to sell her
property.
Councilman Perry will deliberate with Attorney Cromwell, and the individuals
involved and bring letters to City Council reflecting their desires for a
lesser or different zoning category.
BY CONSENSUS, City Council SCHEDULED for the City Council Agenda of October 12,
1987) the decision to or not to RECONSIDER an Ordinance upon application of
WAYNE BEAGLE for a Change of Zoning District Classification from R-6 to A-2.
ORDINANCE UPON APPLICATION OF WAYNE BEAGLE FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6
TO A-2
Ordinance upon application of Wayne Beagle for a
Change of Zoning District Classification from R-6
Residential District to A-2 Apartment District on
certain property located on the west side of
Pleasure House Road, 75 feet south of Machen
Avenue. Said parcel contains 1.38 acres. Plats
with more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
- 43 -
Item III-M.l.
ADJOURNMENT ITEM # 28129
Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 5:25 P.M-
Chief Deputy City Clerk
-,Auth Hodgd's Smith, CMC
City Clerk
City of Virginia Beach
Virginia