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JUNE 8, 1987 MINUTES @f NTijr@irai" "WORLD'S LARGEST RESORT CITY" @-ERT G VICE -- EyEm @E@T @O@E@T 281 CITY HALL BUILDING MUNICIPAL CENYER VIRGINIA BFACH, VIRGINIA 23456-YM (8041427408 VIRGINIA BEACH CITY COUNCIL AGENDA JIM 81 1987 ITIM I. SESSION - @ererice Roan - 12:00 NOON A. CITY CONCEPNS ITM II. INFO@ SESSION A. CATL TO ORDER - Mayor lbbert G. Jones B. ROLL CALL OF COUW-IL C. CITY 'S BRIEFIMS 1. @ter & Sanitary Se@r @igbborhood Projects - Clarerice Waxnstaff, Director of Public Utilities 2. Old Donation Fam Partnership D. MXICN TO RECESS INTK) SESSION ITEM Ill. FO@ SESSICN il s - 2:00 ipm A. ION: Reverend Paul Fettner Hope Lutheran Church, LC-MS B. CP ALLEGIANCE TIO THE FLAG CF THE UNITED S12ATES OF @CA C. ELBCTRCNIC RDTL CAILL CF CITY CAMIL D. ADOPTICN CP ITEMS FOR THE FOPML AGENDA E. ION: 1. Virginia Beach Lifesaver @rthern F. 1. INVOMM & MIML SESSICNS - June 1, 1987 G. @C HEARIM 1. PLANNIM 13Y a. Ppplication of David J & Associates, a Virginia General Partnership for a Cbnditional Use Permit for a marina on certain property located at the eastern terminus of Pretty Iake Avenue containing, 19.7 acres (]3ayside Borough). Reccmendati-on: APP b. Application of River Associates, a Virginia Partnership, for a CDnditional Use Permit for an autcmcbile repair (Firestone %stercare Car Service Center) located on the north side of Indian River Poad, 160 feet east of Kemps River lbad, oc)ntaining 30,492 square feet (KEmpsville Borough). Rec ation: APP@ 2. a. Application of Richard L. Grimstead, A.I.A. for a Cb@itional Use Pen-nit for a bicycle rental located at 3301 Atlantic Avenue and irt@thirc Street, cx)ntaining 14,810.40 square feet (Virginia Beach Borough). Rec@ndation: AP b. App3-ication of Michael Paul Birckbichler for a Cbnditional Use Pemit for a smll - repair establis@t (service and e repair of lawn rmwers@IOT the @st side of North Great Neck lbad, 240 feet mrth of North Lakeside ]Drive (1357 North Great Neck lbad), containing 32,234 square feet (Lynnhaven Borough). This itein %as DEFERRED June 1, 1987. Re@ridation: APP c. Applications of E.S.G. Enterprises, Inc. for a Change Of 7,oning @st of Holland lbad, south of North Laridstown lbad (princess Anne lbrough): Fran AG-1 Agricultural District to R@ Residential District, containing 31 acres,- AND, Frcm AG-2 Agricultural District to R-8 Residential @strict, containi.ng 6.52 acres. These items were DEPERRED June 11 1987. Peccmwndation: APP d. Application of Jackie L. Morris for a Caange of Zon strict Classification fran R-8 Pesidential District to B-2 Conr[ILmity- Business District located on the southeast oorner of Alb@le Avenue and Stratford Poad, Lot 3, Block 33, Plat Section B of ocean Park, oontaining 7300 square feet (Bayside Borough). Reccmmndation: D@ e. Ppplication of Turner & Associates for a Cbnditional Use Pennit for a day care center (Children's World@on the southeast corner of Dianond @rings lbad and Virginia @h Cburt, Lot 12, Section 6, @sleyan Piries, containing 1.247 acre (Bayside Borough) . Reccmwrylation: DENIAL H. ION/ORD 1. Resolution pertaining to the location, construction and f@ing of the Judicial Center of the City of Vi@ia Beach and authorizing the City @ager to engage an arclutect to make the necessary schemtic and design drawings for the Center. 2. Ordinance to authorize and direct the City Manager to execute a cost participation agreement with Urban Associates - Fczfire. 3. Ordinance granting a franchise to Is , Ltd. to operate an Wm air cafe and authorizing and directim the City Manager to execute a franchise agreement, subject to the conditions contained and/or referer)ced therein. 4. Propc)sal frcrn the developer of Alexandria 1C, (Subdivision in Kempsville), to prcivide the City a cash donation of $25,000 in lieu of a 1.65 acre reservation for cpen space. I. CONSENT AGENDA All matters listed under the (bnsent Agenda are considered in the ordinary course of business by City (burcil and will be enar-ted by one moti.on in the fom listed. If an itern is r@ed frcm the (bnsent Agenda, it will be discussed and voted upon seoarately. 1. Crdin&ice to amend and rec)rdain Section 7-5.1 of the Cbde of the City of Virginia Beach, pertaining to stickers required on 2. Ordinance to anend and reordain Section 21-154 of the ODde of the City of Virginia Beach, pertaining to lights on vehicles (time and No.). 3. Crdinance to anend and reordai-n Sections 21-423, 21-425, 21-426, 21-427, 21@ and 21@ of the Code of the City of Virg:inia Beach, Virginia, @taining to use of tow truck @ice to enforce parking restrictions on private proper-ty. 4. Crdinmce to anerid and reordain Sections 21-442 and 21-443 of the Code of the City of Virginia Beach, pertaining to safety of es. 5. Ordinance to anend and reordain Secticn 23-34 of the cbde of the City of Virginia Beach, pertaining to defrauding, hotels, mtels, ca-apgromds, etc. 6. Crdinance to cmend and reordain Secticn 38-1 of the Cbde of the City of Virginia Beach, pertaining to carrying concealed 7. ordinance to transfer $12,000 to replace a vehicle declared beytdnd repair in the alth Attomey's Office. B. Crdinance to transfer $68,000 within the Fiscal Year 1986-1987 @ating Budget of the Department of Public Works. 9. @fle t Princess Anne PDtary Club J. APPOINTMENTS 1. BOND REFERENDA @TREE 2. FACT FINDING Ccn4I= - Ocean Lakes 3. SOCIAL SERVICES BOARD 4. VI@INIA BEACH CCMMUNIIY DEVELO@ CORPORATION K. UNF BUS@ L. NEW BUSINESS 1. EDUCATI@ FT-DERLY - HFALTH INSURANCE CLAIMS - Scm 1-bustc>n, Sr. Sponsored by ODuncilnm 1-hisc@er M. AnJ M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 8, 1987 The CONFERENCE 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, June 8, 1987 at 12:00 NOON. Council Members Present: Albert W. Balko, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: Councilman John D. Baum ENTERED: 12:17 P.M. Councilman Robert E. Fentress ENTERED: 12:20 P.M. - 2 - C T T Y C 0 U N C T L C 0 N C E R N S ITEM # 27466 Councilman Moss referenced the letter of May 7, 1987, from the City Attorney concerning the Status of various Legislation in the General Assembly. One entailed doubling the rate of reimbursement for the expansion, modification or new construction of jail facilities, but did not detail said reimbursement. Councilman Moss requested the City Attorney advise the amount of revenue derived from said legislation. The City Manager advised the maximum amount of reimbursement now is $400,000 and new legislation has doubled that amount of up to $800,000 depending upon the type of facilities relative the expansion of the jail. At the appropriate time the City will be making the request for participation by the State relative this $800,000. HB 1285, Chapter 367, Section 53.1-83 amended. Item # 27467 Councilman Moss also referenced Section 15.1 relative how the Counties of Fairfax and adjacent counties were able to impose Civil penalties for Zoning Violations. Councilman Moss requested the City Attorney's Office investigate same as a possiblity for the City's 1988 Legislative Package. Item # 27468 Councilman Moss advised of an article in the NATIONAL CITY WEEKLY. Aurora, Colorado, has established a computer network for Council Members, which has been most effective. The City Staff was requested to contact them for additional information. Mayor Jones advised the COMPact 386 Portable is an incredible machine. ITEM # 27469 Councilwoman Parker referenced a Memorandum concerning whether the Arts and Humanities Commission could expend funds relative the support of the Twenty- fourth Street Project. The City Attorney advised the Commission could not expend those funds. ITEM # 27470 Councilwoman Parker referenced a letter received from Attorney Grover Wright dated June 2, 1987, concerning Camp Pendleton and the extension of Birdneck Road eastward. Vice Mayor Oberndorf advised the City had worked on this project for a very long time. Neither the State Legislators nor the City's Members of the House of Representatives could move the State nor the Federal Government. ITEM # 27471 Vice Mayor Oberndorf referenced the article in the newspaper "NOTES TO THE NEWS". On June 22, 1987 the PRINCFSS ANNE/KEMPSVILLE ROAD INTERSECTION will be presented to the City Council. The Vice Mayor further referenced she and Councilman Moss had received numerous calls relative whether this would be a Vote or just a BRIEFING. The City Manager advised the Consultant would be responding to all the points raised. - 3 - C I T Y C 0 U N C I L C 0 N C E R N S (Continued) ITEM # 27472 Councilwoman Parker referenced a letter from Linwood Briggs relative closing the main entrance to Salem Woods. The Civic League is blaming same on the City Council. The City Manager will respond to Mr. Briggs and advise this item was discussed by City Council. ITEM # 27473 Vice Mayor Oberndorf advised of an advertisement in the BEACON, Sunday, June 7, 1987, by Members of the Virginia Beach Medical Society expresing their concern about the health care provisions for the City Employees and urging them to sign a petition for more extensive coverage. Councilwoman McClanan advised she was still receiving numerous telephone calls and letters concerning the City's health insurance. Councilwoman McClanan further reiterated she had been told finding dentists in the DMO was like hunting for a "needle in a haystack". The City Manager advised this was a brand new program and the employees may follow the straight Dental Plan. The employees have been advised there has only been approximately two or three dentists signed up with the DMO. The employees, after they have generated this listing, will be given the choice to go back and fourth between the DMO and the straight Dental Plan. - 4 - ITEM # 27474 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, June 8, 1987, at 12:38 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Pentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Mos8, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 5 - CITY MANAGER'S BRIEFINGS NEIGHBORHOOD WATER AND SANITARY SEWER PROJECTS ITF14 # 27475 The City Manager introducted Clarence Warnstaff, Director of Public Utilities, who presented information relative NEIGHBORHOOD WATER AND SANITARY SEWER PROJECTS. Mr. Warnstaff distributed a package comprised of three separate documents: (a) 12 page memorandum to the City Manager, (b) 14 Briefing Charts; (c) Map illustrating the Water Request Projects. (Said packet is hereby made a part of the record). On JnauarY 5, 1986, prior to the ADOPTION of the Water Resource Recovery Fees, there was not a backlog of Neighborhood Water or Sewer Projects. All of the Neighborhood Projects that had been previously identified had been included in the CAPITAL IMPROVEMENT PROGRAM. They were identified, scheduled and the means of financing had been reiterated. However, on January 6, 1986, when the WATER RFSOURCE RECOVERY FEE was ADOPTED, this increased the cost of a property owner connecting to the water system. During 1985, this was a very dry year, there was an increasing number of wells drying up principally in the Great Neck Area. In 1986 during the drought, an even larger number of wells was failing, as well as increased problems with salt water intrusion. As a result, there was an increase in the number of petitions requesting water service. During the first of 1986, the City received 52 petition projects wherein the property owners requested the City design and build water mains. On September 8, 1986, the City Council authorized the following 17 neighborhood water projects and directed the Utilities Deparmtent to proceed with design and construction: 1. Kemspville Colony 10. Lakeside Drive - Poplar Point 2. Trantwood Shore 11. Garden Drive 3. Wolfsnare Plantation 12. Wolfsnare Road 4. Great Neck Estates 13. Cedar Point Road 5. Southern Points 14. Culver Lane-Ashmore Drive 6. Woodhurst 15. Gloucester Lane 7. Larkspur 16. Shipps Corner Road 8. Lakeview Park 17. Wellington Court 9. Great Neck Point The estimated cost for the design and construction of water mains for the 17 projects was $6.6 MILLION, which left 35 remaining projects unfunded and unscheduled. The purpose of the BRIEFING was to reiterate a STATUS REPORT to City Council on the aforementioned 17 projects and to provide recommendations concerning the procedure of the program to design and build water facilities for the remaining 35 neighborhoods. 17 NEIGHBORHOOD PROJECTS STATUS REPORT $6. 6 MILLION 1638 Lots Average Cost $4,000/lot 7 Projects Completed 8 Projects/Design Underway 2 Projects/Design - Summer 1987 - 6 - CITY MANAGER'S BRIEFINGS NEIGHBORHOOD WATER AND SANITARY SEWER PROJECTS ITEM # 27475 (Continued) Clarence Warnstaff summarized the RECOMKENDED PROGRAM for the 35 NEIGHBORHOOD WATER PROJECTS. Multi-year Program Provide sewer if 51% petition Approximately $4-Million per year: Revenue Bonds Build in accordance with project ranking Annual review of all 51% projects Tncorproate "Program" in next CIP Authorize one new position Small projects/use Public Utilities personnel Conduct valuation studies/ 2 private utilities Fund Larkspur sewer project Fund engineering design for 9 projects: 1. Linkhorn Estates 2. Bells Road 3. Stewart Drive 4. River Road 5. Shorehaven 6. Dwyer Road 7. Weaverville 8. Alanton 9. Bellamy Manor Clarence Warnstaff focused on the issue of Funding Requirements. For the remaining 35 neighborhood projects, the City is estimating the cost in 1986 dollars at approximately $17.3-MILLION. This is the cost to provide water service to the 35 neighborhoods. Twenty-seven (27) of these thirty-five (35) neighborhoods do not have City Sewer Service. The cost associated with providing Sanitary Sewer Service to these twenty-seven (27) neighborhoods is estimated at $26.9-MILLION. The total cost for water and sewer would be approximately $44.2-MILLION. The funding level recommended was approximately $4-MILLION a year. The neighborhood water projects could be designed and built in a total time of 7 years. If water and sewer were installed for all 35, the City would be looking at a 15-year program. The driving factor is the funding, if same is increased the schedule can be compressed. Relative the 7-year buildout and the 15-year buildout, the increase levy on the water system relative to availability will be Dresented to City Council. The interest rate of the Revenue Bonds was calculated at approximately 8-3/4% (subject to judgment call of the market place). By increasing the CIP by 35 projects, same has an impact not only on Capital Funding but it has an impact on the Operating Budget. In the Utility Engineering Division, there are currently 15 Civil Engineers. Ten (10) Engineers are involved in implementation of the water and sewer projets. Five (5) of the Fifteen (15) are involved in developer review. These Ten (10) Engineers are defined as Project Engineers. - 7 - CITY MANAGER'S BRIEFINGS NEIGHBORHOOD WATER AND SANITARY SEWER PROJECTS ITEM # 27475 (Continued) The existing CAPITAL IMPROVEMENT PROGRAM has 97 categories of water and sewer projects. Adding 35 new projects increases the CAPITAL IMPROVEMENT PROGRAM by approximately one-third. Clarence Warnstaff reiterated the staffing needs for the next several years to implement the 35 projects. FY Resource Needed Impact 87/88 1Civil Engineer $ 53,000 88/89 2Civil Engineers 77,000 89/90 2Construction Inspectors 100,000 1Clerk 90/91 1Civil Engineer 100,000 1Construction Inspector Total 8over 4 years $330,000 ANNUAL RECURRING COST: $226,000 There will be approximately 10 projects per engineer. In future years, Mr. Warnstaff will continue to evaluate the staffing level and return each year in terms of the OPERATING BUDGET to determine as projects are implemented the staffing requirement. Councilman Moss requested the alternative be evaluated of contacting out the thirty-five (35) Projects. A $4 MILLION Revenue Bond Sale, assuming same to be a 25-year bond at 8.75% interest rate would require additional revenue of $450,000 per year. Resulting from a QUESTIONNAIRE to all the neighborhoods concerning an interest in Sanitary Sewer, four (4) indicated a high interest, ten (10) a mild interest, six (6) low to none and seven (7) no response. Mr. Warnstaff recommended for the aforementioned projects the City's existing Policy continue to be applied: 1. 51% petition request 2. Public Health 3. Environmental The City has received formal 51% Petitions for Sanitary Sewer Service from the Larkspur and Princess Anne/Holland Road/Curthouse Forest area. The recommended funding for Larkspur is $1.2-MILLION. The City does not recommend funding at this time for the Princess Anne/Holland Road/Courthouse Forest area. As per the request of Councilwoman McClanan, a list of the property owners who petitioned for service will be provided. Two of the thirty-five neighborhoods which petitioned City Water are served by private uitlities: the Riverlake Water Agency and the Indian River Water Company. Mr. Warnstaff asdvised the recommendation was to proceed with a valuation study in Fiscal Year 1988, to determine the Fair Market Value of the two privately owned utilities and consider funding and purchase in Fiscal Year 1989. If the City is successful in buying these two remaining private utilities, then designing and construction of the water mains shall commence. - 8 - CITY MANAGER'S BRIEFINGS NEIGHBORHOOD WATER AND SANITARY SEWER PROJECTS ITEM # 27475 (Continued) Clarence Warnstaff SUMKARIZFD the recommendations: Incorporate "Program" in next CIP Authorize 1. One new position - FY 88 $ 53,000 2. Water Design - 9 projects 574,000 3. Sewer Design - 6 projects 418,000 4. Larkspur Design 180,000 TOTAL $1,225,000 Councilman Moss wished to be advised whether this was the least expensive way to handle this project by the utilization of in-house assets. The Consultant will identify the rate impact in its Presentation to City Council on June 22, 1987. Councilman Baum inquired as to what percentage of the aforementioned homes are paying their way. It is approximately $4,000 per home for the first seventeen (17) projects to install a water main. Approximately an average of $700 is expected to be received back. Councilman Baum referenced the number of conversions by Public Utilities. In response to Councilman Baum, Mr. Warnstaff advised the cost for Sanitary Sewer can easily vary from $5,000 to $15,000. The line fee might produce on an average of $1,000 to $2,000. Councilman Baum requested same be illustrated in graph form. - 9 - CITY MANAGERTS BRIEFING OLD DONATION FARM PARTNERSHIP ITEM # 27476 Robert Scott, Director of Planning, was in attendance to respond to City Council concerning the conditions imposed upon the applications of OLD DONATION FARM PARTNERSHIP on June 1, 1987. Councilman Moss referenced Condition No. 5 and advised he questioned Councilman Heischober as to whether his MOTION would include if the Dam could not be made useable, the applicant would have to contruct a buildable road on the Lynnhaven Inlet side of the Dam. Robert Scott advised the staff interpreted Condition No. 5 as the dam may not be used for access unless and until it is deemed structurally satisfactory to the City Engineer. In the event, it is not satisfactory, it may not be used. The access in that event would be from Cheswick Lane. The construction of such a road would require permits being issued from a number of agencies including but not limited to City agencies. Councilman Heischober advised it was his intent the road be upgraded and made stable according to the City Engineer, but if not made stable then there is to be no access on Pembroke Boulevard. Donald Trueblood, the City Engineer, advised his intent. It is possible to upgrade the exisiting Dam so it could be stablized in order that traffic would not cause its collapse, but this still leaves a nine-foot wide roadway, which is not satisfactory. There should be either unlimited access from the subdivision to the end of Pembroke Boulevard which means the construction of a two-lane roadway or not utilizing the dam. Robert Scott advised not all of the conditions could be satisfied prior to development. 1. A long term use and maintenance plan, acceptable to appropriate City Staff, must be established for the Ferry Farm House. (It is essential this Condition be satisfied prior to development) 2. Landscaping improvements in accordance with the submitted Landscape Plan dated February 24, 1987, except that all proposed roadside tree planting along Cheswick La-'Ie must be located outside roadside swales. (Some of these improvements might be bonded at an appropriate early stage, but landscaping improvements cannot be installed until the end of the project.) 3. Fences, if any, in the side grass swales are allowed providing they are a minimum of three feet off the centerline of said swales. (A note would have to be placed on the Final Plat f ollowed by subsequent inspections.) 4. A twenty-two-foot (221) pavement section for Cheswick Lane. (This would be taken care of during normal development procedure.) (City Engineer Trueblood advised he would require a 30-foot road to City Standards with at lease a 40-foot right- of-way as this qualifies for State Maintenance Funds and a 22-foot road does not.) - 10 - CITY MANAGER'S BRIEFING OLD DONATION FARM PARTNERSHIP ITEM # 27476 (Continued) 5. Pembroke Boulevard shall be extended but not used until and unless the private road is declared structurally sound by the City Engineer. Cost of repair to be born by the developer. In addition, an adequate foot bridge shall be added to the private road for the safety and convenience of pedestrians and bicycles. (Discussed in the previous paragraphs by Donald Trueblood, Chief Engineer.) 6. Establishment of a Historical and Cultural District over the 3.9 acre parcel on which the Ferry Farm House is located, with no development. (This shall be the result of the City Council's actions.) 7. Utilization of proferred Best Management Practices (BMP's) which are reasonably applicable to the development of this project. (This must be done with the development of the property). 8. The pier (dock/marina) as shown on the plan which is an extension of the existing pier shall be ELIMINATED. 9. The applicant shall dedicate the 3.9 acres of Open Space as a scenic easement. (The 3.9 acres shall be owned by the Homeowner's Association.) 10. The Deed of Conveyance from developer to any future owner or owners of the Farm House and fifteen feet (15') around the home shall stipulate that it shall never be torn down or used as a dwelling. (Protects the House until the Historical and Cultural District is created.) 11. The developer shall recommend to the future Homeowners' Association that the walkway in the open space be a public walkway and disclose the recommendation at the time of individual contract. (This must be done after the devlopment of the project as there will not be any members of the Homeowners Association until development.) 12. The Ferry Farm House shall be donated to the Arts Center of Virginia Beach and the parking places as shown on the site plan shali be to accommodate visitors to the Ferry Farm House. (In order to convey this property, the Arts Center of Virginia Beach would have to subdivide it out and this would institute action by City Council.) 13. The Developer shall budget $100,000 for the repair of the exterior of the Ferry Farm House and such repairs be made by the developer prior to the sale of the twentieth lot. (To insure this occurs prior to the sale of the twentieth lot, the Staff must be assured it happens prior to the platting of the twentieth lot.) - 11 - F 0 R M A L SE S S I 0 N VIRGINIA BEACH CITY COUNCIL June 8, 1987 2:00 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, June 8, 1987, at 2:00 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 INVOCATION: Revered Paul Kettner Hope Lutheran Chruch, LC-MS PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 1 2 Item III-E.l. PRESENTATION ITEM # 27477 Mayor Robert Jones presented a VIRGINIA BEACH LIFESAVER AWARD to: TOMMY NORTHERN Councilwoman Nancy Parker read the AWARD. The AWARD recognized Tommy Northern for saving a 2-1/2 year old girl from drowning on April 10, 1987, about 10:30 A.M. Tommy Northern was accompanied by his wife, Dorothy, his son, Carl and Daughter, Amy. Dorothy Craig, Life Saving's Award Chairman; Herb Maher, President of the Virginia Beach Safety Council; David Wade, Fire Department Captain, Company 2 and Felicia, the victim, and her family were in attendance. - 13 - Item III-E.2 PRESENTATIONS ITEM # 27478 ADD-ON Mayor Robert G. Jones PRESENTED a RESOLUTION IN RECOGNITION to: THOMAS H. MUEHLENBECK CITY MANAGER CITY OF VIRGINIA BEACH This RESOLUTION recognized Thomas H. Muehlenbeck's TWENTY YFARS as a CITY MANAGER. Thomas Muehlenbeck has reached the first milepost in City employment with five years as the City Manager of Virginia Beach. Mr. Muehlenbeck's wife, Myrtle anf daughter, Brenda,were also in attendance. - 14 - Item III-E-3- PRESENTATION TTEM # 27479 ADD-ON The VIRGINIA MUNICIPAL CLERK'S ASSOCIATION PRESENTED RECOGNITION to: RUTH HODGES SMITH, CMC as CLERK OF THE YEAR Geogory K. Wolfrey, County Administrator, County of Goochland, and immediate Past President of the VIRGINIA MEJNICIPAL CLERKS ASSOCIATION, accompanied by Bernice Berry, CMC, City Clerk, City of Newport News, and President of the VIRGINIA MUNICIPAL CLERKS ASSOCIATION, presented the plaque designating Ruth Hodges Smith, CMC as Clerk of the Year. Ruth was Past President of the VMCA for two years and is now serving as the Region II Director of the INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS. - 1 5 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item Ill-D.1 ITEM # 27480 Vice Mayor Oberndorf referenced an Ordinance to transfer $68,000 within the Fiscal Year 1986-1987 Operating Budget of the Department of Public Works. (See Item III-I.8 of the CONSENT AGENDA). Vice Mayor Oberndorf serves as a Director of the Southeastern Public Service Authority but receives no compensation. The City Attorney advised the Vice Mayor she should ABSTAIN on the aforementioned item. Councilwoman McClanan advised concern relative jobs within the Department of Public Works Transfer Station as to whether they would be affected when these funds of $68,000 were transferred to SPSA. Item III-D.2 ITEM # 27481 Councilman Fentress referenced an Ordinance to amend and reordain Section 7-5.1 of the Code of the City of Virginia Beach, pertaining to stickers required on mopeds, an Ordinance to amend and reordain Sections 21-442 and 21-443 of the Code of the City of Virginia Beach, pertaining to safety of motorcycles and an Ordinance to amend and reordain Section 38-1 of the Code of the City of Virginia Beach, pertaining to carrying concealed weapons. (See Item III-I-1,4,6 of the CONSENT AGENDA). Councilman Fentress wished these pulled for discussion. Item III-D-3 ITEM # 27482 Councilwoman Parker and Councilman Heischober referenced an Ordinance to amend and reordain Sections 21-423, 21-425, 21-426, 21-427, 21-428 and 21-429 of the Code of the City of Virginia Beach, Virginia, pertaining to use of tow truck service to enforce parking restrictions on private property. (See Item III-I-3 of the CONSENT AGENDA). Councilman Parker wished this pulled for discussion. Item III-D.4 ITEM # 27483 Councilman Heischober referenced the item concerning EDUCATING ELDERLY - HEALTH INSURANCE CLAIMS by Sam Houston, Sr. Mr. Houston is gathering additional infromation and therefore will not be making his report today. (See Item III- L.1 u--qder NEW BUSINESS). Item III-D-5 ITEM # 27484 Councilwoman McClanan referenced an Ordinance to transfer $12,000 to replace a vehicle declared beyond repair in the Commonwealth Attorney's Office and an Ordinance to transfer $68,000 within the Fiscal Year 1986-1987 Operating Budget of the Department of Public Works. (See Item III-I.7 and 8 of the CONSENT AGENDA). Counclwoman McClanan was advised the vehicle in the Commonwealth Attorney's Office was essential and not utilized as a personal vehicle. All vehicles and all employees are treated the same under the CURED BOARD. This particular violation has not yet come before the CURED BOAD. This vehicle has been deemed essential for utilization by the Commonwealth Attorney's Office. - 16 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item III-D.6 ITEM # 27485 The City Manager referenced CAPITAL IMPROVEMENT PROGRAM issues for City Council Review. The City Manager wished discussion of this item be ADDED under New Business as Item III-L.2. 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. - 17 - Item III-F.l. MINUTES ITEM # 27486 Upon motion by Councilman Perry, seconded by Councilman Balko, City Council CORRECTED AND AMENDED the MINUTES of the INFORMAL & FORIAAL SESSIONS of June 1, 1987. ITEM 27427, Page 6, CITY COUNCIL CONCERNS (CORRECTED) Councilman Balko advised relative the report concerning re-examining the PLANNING REVIEW PROCESS by the Committee composed of Councilman Balko, Planning Commissioner Reid and Richard Browner, same would be available within the next thirty to sixty days, NOT two weeks as stated in the MINUTES. ITEM # 27401, Page 18, APPLICATIONS OF OLD DONATION FARM PARTNERSHIP. Condition No. 13 shall be AMENDED to read: 13. The Developer shall budget $100,000 for the repair of the exterior of the Ferry Farm House and such repairs be made by the developer prior to the go@A platting of the twentieth lot. 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.1/2. PUBLIC HEARING PLANNING ITEM # 27487 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT a. DAVID JOHNSON & ASSOCIATFS CONDITIONAL USE PERMIT b. KEMP RIVER CORNER ASSOCIATES, CONDITIONAL USE PERMIT a Virginia Partnership PLANNING ITEMS a. RICHARD L. GRIMSTEAD, A.I.A. CONDITIONAL USE PERMIT b. MICHAEL PAUL BIRCKBICHLER CONDITIONAL USE PERMIT c. E.S.G. ENTERPRISES, INC. CHANGES OF ZONING d. JACKIE L. MORRIS CHANGE OF ZONING e. TURNER & ASSOCIATES CONDITIONAL USE PERMIT - 19 - Item III-G.l. PUBLIC HEARING PLANNING BY CONSENT ITEM # 27488 Upon motion by Councilman Perry, seconded by Councilman Moss, City Council APPROVED in ONE MOTION Items III-G.l.a and III-G.I.b of the PLANNING BY CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley*, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf*, Nancy K. Parker and John L. Perry Council Members Voting Nay: *Vice Mayor Meyera Oberndorf and Councilwoman Barbara Henley VOTED a VERBAL NAY on Item III- G.l.a. (Application of David Johnson & Associates, A Virginia General Partnership). Council Members Absent: None - 20 - Item III-G.l.a. PUBLIC HFARING PLANNING BY CONSENT ITEM # 27489 In response to Councilwoman Parker's inquires, David Johnson, the applicant, advised there would be sanitary and pump out facilities. Upon motion by Councilman Perry, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of DAVID JOHNSON & ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP, for a Conditional Use Permit; ORDINANCE UPON APPLICATION OF DAVID JOHNSON & ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP, FOR A CONDITONAL USE PERMIT FOR A MARINA R06871045 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of David Johnson & Associates, a Virginia General Partnership, for a Conditional Use Permit for a marina on certain property located at the eastern terminus of Pretty Lake Avenue. Said parcel contains 19.7 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. Utilization of BMP's which are reasonably applicable to the development of this site. 2. Further conditions may be required during the administration of applicable City ordinances. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth da,y of June, Nineteenth Hundred and Eighty-seven. Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: Barbara M. Henley and Vice Mayor Meyera E. Oberndorf* Council Members Absent: None "Verbal Nay STA@ OF CC)NSENT APPLICANT: David Johnson and Associates APPLICATION: odr)ditional Use Permit DESCRIPI'ION: Marina CITY COUNCIL SESSION: June 8, 1987 THE UNDEFSIGNED @ OR LECAL [EPRESENTATTVE FOR THE MER, (or Agent for the @er), HAS REVIEWED THE CONDITIOUS FOR APPROVAL (@I@) @@ED BY TIE VIRGINIA BEAC-H PIAMING COMISSION TO THE VIRGINIA BFACH CITY COUNCIL FOR AFFIRMATIVE ACTION CN THIS DATE AS THEY APPLY TO THE ED APPLICATION FOR TO THE ZONING MAP CF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY AOCEPTS AND AGREES TO: 1. Utilization of EMP's which are reasonably applicable to the develorment of this site. 2. Rwther conditions may be required during the aclninistration of applicable City ordinarr-es. h,V 147 47-roAv oy By: O,mer/Attorney/Agent Date: - 21 - Item III-G.l.b. PUBLIC HEARING PLANNING BY CONSENT ITEM # 27490 Upon motion by Councilman Perry, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of KEMP RIVER CORNER ASSOCIATES, A VIRGINIA PARTNERSHIP, for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KEMP RIVER CORNER ASSOCIATES, A VIRGINIA PARTNERSHIP, FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE REPAIR R06871046 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kemp River Corner Associates, a Virginia Partnership, for a Conditional Use Permit for automobile repair (Firestone Mastercare Car Service Center) on certain property located on the north side of Indian River Road, 160 feet more or less east of Kemps River Road. Said parcel contains 30,492 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. No vehicular access to Indian River Road. 2. Revisions to the site plan, as deemed appropriate during detailed site plan review, to comply with the setback requirements for the ultimate right- of-way width for Indian River Road. 3. Further conditions may be required during the administration of applicable City ordinances. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of June, Nineteenth Hundred and Eighty-seven. - 22 - Item III-G.l.b. PUBLIC HEARING PLANNING BY CONSENT ITEM # 27490 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor i4eyera E. Oberndorf, Nancy K. Parker and John L. Perry Council iieabers Voting Nay: None lou-.@ic" iiembers '-bse.-i@: @lone 21 sm@ OF CONSENT APPLICANT: River Corner Associates APPLICATION: ODr)ditional Use Perrnit DE9CRIPTION: Autancbile @pair (Firestow mastercare Car Service Genter) CITY COUW-IL SESSION: June 8, 1987 'i@ UNDERSIGNED @ OR @ REPRL@ATIVE FOR (cr Agent for the Owner), RkS IEVI@ THE CONDITIOTZ FOR APPIUVAL (REQUI@) FM@ED BY THE VIRGINIA BEACH PLANNING C@SSION TO THE VIRGINIA BEACH CITY C@IL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO 'fHE ED APPLICATION FOR TO THE ZONIW. MP CF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPrS AND A@S TO: 1. Nc) vehicular access to Indian River lbad. 2. Revisicns to the site plan, as de@ appropriate during detailed sit(-- plan review, to ccmply with the setback re@@ts for the ultimte right-of@y width for Indian River Foad. 3. Further conditions may be required during the adninistration of applicable City ordinary--es. C(RAEN /)S'I(C/PTC-,, OWner By: @er/Attorney ent Date: - 23 - Item III-G.2.a. PUBLIC HEARING PLANNING ITEM # 27491 Richard L. Grimstead, Phone: 422-4791, the applicant, represented himself Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council ADOPTED an Ordinance upon application of RICHARD L. GRIMSTFAD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RICHARD L. GRIMSTEAD, A.I.A., FOR A CONDITIONAL USE PERMIT FOR A BICYCLE RENTAL R06871047 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Richard L. Grimstead, A.I.A., for a Conditional Use Permit for a bicycle rental on certain property located on the northeast corner of Atlantic Avenue and 33rd Street. Said property is located at 3301 Atlantic Avenue and contins 14,810-40 square feet. Plats with more detailed information are available in the Department of Planning. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. The bike rental operation is to be located at the southest corner of the building. 2. The Conditional Use Permit shall not be effective until the Hotel is open for guests and there is no further construction on the site. 3. Approval is for a period of one (1) years. Councilman Fentress requested the City Manager to direct the RESORT AREA ADVISORY COMKISSION to survey the bicycle stands and their locations and study the rules and regulations for next year with particular emphasis on the number of bicycle stands which will exist on the Ocean front. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth da,y of June, Nineteenth Hundred and Eighty-seven. - 24 - Item III-G.2.a. PUBLIC HEARING PLANNING ITEM # 27491 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 25 - Item III-G.2.b PUBLIC HFARING PLANNING ITEM # 27492 The City Clerk advised Michael Paul Brickbichler had been contacted and he reiterted the owner of the property was not satisfied with the conditions to be imposed. Mr. Birckbichler or his representative was not in attendance. Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council DENIED an Ordinance upon application of MICHAEL PAUL BIRCKBIGHLER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MICHAEL PAUL BIRCKBICHLER FOR A CONDITIONAL USE PERMIT FOR A SMALL ENGINE REPAIR ESTABLISHMENT (SERVICE & REPAIR OF LAWN MOWERS) Ordinance upon application of Michael Paul Birckbichler for a Conditional Use Permit for a small engine repair establishment (service & repair of lawn mowers) on the west side of North Great Neck Road, 240 feet more or less north of North Lakeside Drive. Said parcel is located at 1357 North Great Neck Road and contains 32,234 square feet. 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 - 26 - Item III-G.2.c. PUBLIC HFARING ITEM # 27493 PLANNING Attorney R. J. Nutter, 2809 South Lynnhaven Road, Phone: 431-3100, represented the applicant Upon motion by Councilwoman McClanan, seconded by Co.uncilman Perry, City Council ADOPTED Ordinances upon application of E. S. G. ENTERPRISES For Changes of Zoning: ORDINANCE UPON APPLICATION OF E. S. G. ENTERPRISES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FRO14 AG-1 TO @ R-6 (AS AMENDED) Z06871158 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of E. S. G. Enterprises, Inc. for a Change of Zoning District Classification from AG-1 Agricultural District to,R-B Re 1 D4!ati-i:e% R-6 Residential District (AS AMENDED) on certain property located 600 feet west of Holland Road, 4715 feet more or less south of North Landstown Road. Said parcel contains 31 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N Dp ORDINANCE UPON APPLICATION OF E. S. G. ENTERPRISES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO @ R-6 (AS AMENDED) Z06871159 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of E.S.G. Enterprises, Inc. for a Change of Zoning District Classification from AG-2 Agricultural District to @ R-6 Residential District (AS AMENDED) on certain property located on the west side of Holland Road, 4965 feet south of North Landstown Road. Said parcel contains 6.52 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. - 27 - Item III-G.2.c.. PUBLIC HEARING PLANNING ITEM # 27493 (Continued) The following conditions shall be required: 1. Recordation of deed restrictions limiting density to three units per acre (excluding the floodway area). 2. Minimum lot size shall be no less than 7500 square feet and appropriate set-backs as enumerated in the R-6 Zoning Category. 3. The requirements of the Back Bay/North Landing River Management Plan will be adhered to by the applicant. 4. A 31-foot right-of-way dedication is required 45 feet from the centerline of Holland Road to provide for a four-lane divided highway per the Master Street and Highway Plan. 5. A 96-foot right-of-way dedication is required for Rosemont Road to provide for a four-lane divided highway with a bikeway as per the Master Street and Highway Plan. 6. Natural landscaping adjacent to Holland Road and to Rosemont Road. Existing trees and shrubbery shall be used as a buffer where nossible. 7. All other attributes covered under R-6 Zoning in the Comprehensive Zoning Ordinance shall be effective. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of June, Nineteenth Hundred and Eighty-seven. Voting: 6-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Pentress, Mayor Robert G. Jones, Reba S. McClanan and John L. Perry Council Members Voting Nay: John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Abstaining: Harold Heischober Council Members Absent: Barbara M. Henley Councilman Heischober ABSTAINED as he received a contribution from E. S. G. Companies. Councilwoman Henley left Council Chambers temporarily to give the OPENING WELCOME to the VIRGINIA UNITED METHODIST CONFERENCE. - 28 - Item I I-G.2.@.(.) PUBLIC HEARING ITEM # 27494 PLANNING ADD-ON The City Manager referenced a letter from R. J. Nutter dated May 15, 1987, requesting E.S.G. ENTERPRISES application for a change of zoning on a four- acre parcel on Holland Road contiguous to the aforementioned application be EXPEDITED from the Planning Commission to the City Council. Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council EXPEDITED the application of E.S.G. ENTERPRISES for a Change of Zoning on a contiguous four-acre parcel from the July 14, 1987,Planning Commission Meeting to the first available City Council Meeting in August. Voting: 7-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, and John L. Perry Council Members Voting Nay: John D. Moss and Nancy K. Parker Council Members Abstaining: Harold Heischober, Council Members Absent: Barbara M. Henley Councilman Heischober ABSTAINED as he received a contribution from E. S. G. Companies. - 29 - Item III-G.2.d. PUBLIC HEARING PLANNING ITEM # 27495 J. L. Morris, 3558 Shore Drive, Phone: 464-0005, the applicant represented himself and distributed a packet of information relative the Economic Impact and General Discription of Seascapes Interiors, Ltd. (Said information is hereby made a part of the record.) Mr. Morris distributed a site plan and advised there is a driveway on the back part of the property and the landscaping will match the landscaping currently in the area. A solid high fence will be utilized to separate it from Benny's Boats. Judith K. Conners, 3958 Whispering Oaks Place, Phone- 464-3640, President of the Ocean Park Civic League, also spoke in favor of the application Attorney Theodore A. Boyce, 2648 Virginia Beach Boulevard, Phone - OFFICE: 340-1113, HOME: 497-2900), spoke in OPPOSITION as an adjacent resident. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of JACKIE L. MORRIS for a Change of Zoning: ORDINANCE UPON APPLICATION OF JACKIE L. MORRIS FOR A CHANGE OF ZONING DISTRICT CLASSIFICTION FHOM R-8 TO B-2 zo687116o BE IT HEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Jackie L. Morris for a Change of Zoning District Classification form R-8 Residential District to B-2 Community-Business District on certain property located on the southeast corner of Albemarle Avenue and Stratford Road, designated as Lot 3, Block 33, Plat Section "B" of Ocean Park. Said parcel contains 730 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. A 5-foot dedication of right-of-way is required along the frontage of Albemarle Avenue and West Stratford Road, 25 feet from the centerline of the existing 40-foot rights-of-way to provide for standard 50-foot rights-of-way. 2. Further conditions may be required during the administration of applicable City Ordinances. 3. Recordation of a deed restriction, within 30 days, limiting the B-2 Zoning to be used explicitly for the extension of this interior design operation. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of June, Nineteenth Hundred and Eighty-seven. - 30 - Item III-G.2.d. PUBLIC HEARING PLANNING ITEM # 27495 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Barbara M. Henley Councilwoman Parker referenced the concerns in Ocean Park relative Benny's Boats and requested a City Inspector investigate same. - 31 - Item III-G.2.e. PUBLIC HEARING PLANNING ITEM # 27496 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and advised the applicant had been misunderstood. Mr. Turner is the developer of the Children's World Day Care Centers and pruchased Lot 14 on Diamond Springs Road and then applied for a Conditional Use Permit to build a Day Care Center there. The facility is currently under construction with two curb cuts on Diamond Springs Road serving Lot 14. It was Mr. Turner's intention by agreement with Mr. Monahan, owners of Lot #13, to utilize this lot for ingressing and egressing. This would eliminate one of the curb cuts. Attorney Cromwell distributed a site plan (applicable portion of said plan is hereby made a part of the proceedings.) All Mr. Turner is requesting is to approve the requirements by the Staff to enable ingress/egress on the aforementioned site and close one of the curb cuts. Walter Monahan, developer of houses on Virginia Tech Court, and o@mer of Lot 13. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of TTJRNER & ASSOCIATES for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF TURNER AND ASSOCIATES FOR A CONDITONAL USE PERMIT FOR A DAY CARE CENTER R06871048 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application for Turner and Associates for a Conditional Use Permit located on the southeast corner of Diamond Springs Road and Virginia Tech Court, designated as Lot 13, Section 6, Wesleyan Pines. Said parcel contains 1.247 acres. BAYSIDE BORUGH. The following conditions shall be required: 1. Relocation of the ingress/egress easement to more appropriate location on the site. 2. Lot 13 cannot be developed unless the conditional use permit is rescinded by City Council. 3. Further conditions may be required during the administration of appropriate City ordinances. 4. Revised site plan shall be adhered to and is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of June, Nineteenth Hundred and Eighty-seven. - 32 - Item III-G.2.e. PUBLIC HFARING PLANNING ITEM # 27496 (Continued) Voting: 7-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, John D. Moss, and John L. Perry Council Members Voting Nay: Reba S. McClanan, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Barbara M. Henley 33 - Item III-H.1 RESOLUTIONS ITF24 # 27497 David Grochmal, Director of General Services, advised the fixed costs were computed by beginning with the total construction costs of $25-MILLION. Of this, the fixed fees become percentages of the construction. 18% would be utilized for furnishings then to this would be added the $25-MILLION. 15% of this total would be utilized as a contingency for change orders, problems during construction. The architect's fees are 6% of Construction and Site Improvements or $25-MILLION and 10% of the furnishings' cost. ivir. Grochmai advised General Obligation Bonds would generate a lower interest rate than lease/purchase. The overall ability to construct the project will move fast through lease/purchase than through the sale of bonds. As per request of Councilman Moss, Giles Dodd, Assistant City Manager for Administration, advised the price differential between lease/purchase and General Obligation Bond funding. The lease/purchase would most probably have a lower rating than the General Obligation Bonds. Whereas General Bonds are Double A, this would probably be an A-1 or an A, and most probably 20 to 25 basis points in the interest rates. This number would mean approximately 1% of $25-MILLION or approximately $1/4-MILLION each year over the twenty years. Councilman Moss requested this be addressed in memorandum form. Wiley Cooke, the Architect, also responded to Council's inquiries and advised the building, including Juvenile and Domestic Relations would be approximatley 240,000 square feet. The Court's portion of that building would be a cost of anywhere from $85 to $90 a square feet. The support activity would range from $60 to $65 a square feet. Councilwoman McClanan was advised by Staff in response to her inquiry that the $1/2-MILLION in fees for the Juvenile Court Building was money "down the drain". Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Resolution pertaining to the location, construction and funding of the Judicial Center of the City of Virginia Beach and authorizing the City Manager to engage an architect to make the necessary schematic and design drawings for the Center. Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Vice Mayor 14eyera a.-Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Mayor Robert G. Jones and Reba S. McClanan Council Members Abserit: None I A RESOLUTION PERTAINING TO THE 2 LOCATION, CONSTRUCTION AND FUNDING OF THE 3 JUDICIAL CENTER OF THE CITY OF VIRGINIA BEACH 4 5 6 WHEREAS, as a result of the rapid growth in population 7 of the City of Virginia Beach, the City's facilities for its 8 Courts and related agencies are no longer adequate to serve the 9 needs of its citizens; and 10 WHEREAS, it is therefore the sense of the city council 11 that the construction of a new Judicial Center, which shall 12 contain facilities for the Juvenile and Domestic Relations 13 District Court, the General District Court, the Circuit Court and 14 related agencies, is necessary in order to serve the needs of the 15 community; and 16 WHEREAS, the City Council has given careful 17 consideration to the location and funding of the said Judicial 18 Center in order to ensure that the project is constructed and 19 funded in the manner most advantageous, economical and equitable 20 for the citizens of the City; 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 22 CITY OF VIRGINIA BEACH, VIRGINIA: 23 That the Judicial Center of the City of Virginia Beach 24 shall be constructed at a location at the western end of the 25 Municipal Center, more particularly, west of George Mason Drive 26 and east of Glebe Road, between Princess Anne Road and Courthouse 27 Drive; and be it further 28 RESOLVED, that funds for the Judicial Center be 29 generated by means of obtaining revenues from individuals and 30 firms using the courts and offices of the clerks thereof, such 31 revenues being derived from court costs and clerks' fees and 32 fines, and to that end, be it further 33 RESOLVED, that the city's representatives to the 34 General Assembly of the Commonwealth of Virginia are hereby 35 requested to initiate legislation in the General Assembly for the 36 raising of court costs and clerks' fees in the General District 37 Court and Circuit Court, and their respective Clerk's offices, 38 and for the application of the revenues generated thereby to the 39 costs of constructing the Judicial Center; and be it further 40 RESOLVED, that the funding of the Judicial center be 41 accomplished by means of the city's entry into a lease/purchase 42 agreement, the particular terms of which shall hereinafter be 43 negotiated; and be it further 44 RESOLVED, that the City Manager is hereby authorized 45 and directed to engage an architect or architectural firm to 46 prepare schematic design drawings of the Judicial Center and to 47 undertake all measures necessary or incidental thereto. 48 Adopted by the Council of the City of Virginia Beach, 49 Virginia, this Eighth day of June 198 7 50 WMM/dhh 51 06/01/87 52 2 - 34 - Item III-H.2 ORDINANCFS ITEM # 27498 Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to authorize and direct the City Manager to execute a cost participation agreement with Urban Associates - Foxfire. 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, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Reba S. McClanan I z 0 u o AN ORDINANCE TO AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT WITH URBAN ASSOCIATES - FOXFIRE > u 0 @HEREAS, Urban Associates - Foxfire is developing certain property in the Princess Anne Borough in accordance with the terms and conditions of city ordinances, and WHEREAS, in reviewing the construction plans, the Department of Public Utilities has requested the developer relocate and oversize the sewer force main in order that the city may abandon an old facility, and WHEREAS, such construction is beyond the scope of the developer's project but will provide for future city needs and will prevent the city from incurring additional costs at a later date, and WHEREAS, the city desires to enter into a cost participation agreement with the city's share of the costs at $85,801 with such costs to be charged to capital project 6-316 Various Sewer Projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby authorized and directed to enter into a cost participation agreement with Urban Associates - Foxfire for construction of certain sewer facilities. Said proposed agreement is hereby approved and attached. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the - 8th day of June 1987. CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES COST PARTICIPATION AGREEMENT (SEWER) THIS AGREEMENT, Made this 28th day or Apri I 1987, by and between URBAN.ASSOI-IATES-FOXFIRE, hereinafter referred to a5 "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to as the "City". WHEREAS, Owner is seized in ree simple or the property known as Subdivison of Foxti,e as described in that certain deed and plat recorded in the Clerk's Office of the Zircuit Zourt of the City of Virginia Beach, Virginia, in Deed Book 2406, at page 484, and Map Book 186, at page 27: and WHEREAS, Owner is desirous or improving the Project in accordance with the ternz and conditions or the City ordinances and agrees to conrorm to 5aid ordinances; and @iEREAS, in order for C)wner to provide sewer service to this Project, it is necessary for Owner to construct certain sewer racilities; and WHEREAS, the City has requested that such construction be greater in scope than is neces5ary to provide service to this Project; and WHEREAS, such construction is or value to the City in providing service to custorners other than those within the Project limit5; N(Yd, THEREFORE, in consideration or the rmtual promises and benefits accruing hereto, the parties agree that: 1. Owner shall construct a sewer 5y5tem (hereinafter the "System") according to plans and specifications approved by the Department or Public Utilities, a copy or which i5 on rile with the Department. 2. The City 5hall make ca5h payment to Owner in the amount of Eighty- five Thousand Eight Hundr(,-d and 79/100 Dollars (S85,800.79) after successful completion of the System and acceptance t'iereof by the City in accordance with approved plans. 3. The City shall have the right at any time to make, connect, or permit the connection of any other sewer facility to the System. Any such connection may be at any point, and the City shall have the right at any time to use the System to serve persons within alnd without the Project limits. 4. Upon successful completion of the System and acceptance thereof by the City, owner hereby agrees that the System, including but not limited to sewer connections, 3ewer mains, laterals, pipes, and all other facilitie3, shall be deemed dedicated to the City of Virginia Beach as of the date of the City's written acceptance thereof. 5. Owner shall indemnify and hold the City harmless from any and all liability of whatever nature arising out of the design, approval, construction and/or installation of the System. In the event any claim is made against the City, either independently or jointly with Owner, lessee, or purchaser on account hereof, the Owner at its sole cost shall defend the City against such claims. 6. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 7. Upon execution of this Agreement, it shall be recorded by the City in the Clerk's Office of the Circuit Court of the City of Virginia Beach, at Owner's expense. 2 IN WITNESS WHEREOF, the parties hereto have executed and sealed this Agreement as of the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA BY City Manger DATE ATTEST: (SEAL) City Clerk URBAN ASSOCIATES-FOXFIRF-, a General Partnership By- CAROLANNE EAST CORPORATION, General Partner By: @tanley wo r c presiden Date: April 2@1987 APPROVED AS TO CONTENTS: Depaf-ttier,t ot- Fublic Utilities APPROVED AS TO FORM: City Attorn CERTIFIED AS TO AVAILABILITY OF FUNDS: uepartment 01- Finance Vo) STATE OF VIRGINIA CITY OF VIRGINIA BEACH I, Mary L. Hinton a Notary Public in and for the City and State aforesai'd, do hereby certify that Stanley Waranch, President of Carolanne East Corporation, a virginia corporation, General Partner of Urban Associates-Foxfire, whose name as such is signed to the writing abc)ve, bearing date ol April 28, 1-987--, has acknowledged the same before me in my City and State aforesaid. Given under my hand this 28th day of April 1987. My Cormission Expires February 7, 1988 I was conmissioned Mary L. West. Nota@y Flublic STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before m by and Ruth Hodges Smith, the City Manager and City Clerk, respectively, of the City of Virginia Beach, this day of- 1987. Notary ?ublic My. Cofnrnis3ion Expires: 9/86 4 30- 10, F.M. 10- F.M. ESS P.S. 46A nne F. 42B hous C." to ndoned Foxfire P.S. 8-/10- FOICE AND 6' FORM MAIN TO 13E BIM 5/5/87 J 12-2 - 35 - Item III-H-3- ORDINANCES ITEM # 27499 Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance granting a franchise to Monroe's Mocambo, Ltd. to operate an open air / boardwalk cafe and authorizing and directing the City Manager to execute a franchise agreement, subject to the conditions contained and/or referenced therein. Councilman Fentress requested the City Staff instruct the RESORT ARFA ADVISORY COMMISSION to study and review the number of Open-Air Cafes on the Beach, the Franchise Agreement and definitions relative locations of these Cafes. 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, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf AN ORDINANCE GRANTING A FRANCHISE 2, TO MONROE'S MOCAMBO, LTD. TO 3 OPERATE AN OPEN AIR/BOARDWALK CAFE' AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FRANCHISE AGREEMENT, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN 8 9 WHEREAS, the City has adopted regulations for the operation 10 of open air cafe's on public property along the boardwalk and on 11 stub street parks; and 12 WHEREAS, Monroe's Mocambo, Ltd. (t/a Monroe's Mocambo) has 13 submitted an application for the operation of an open 14 air/boardwalk cafe' and has paid the application fee; and 15 WHEREAS, the representations made in the application comply 16 with the afore-mentioned regulations; and 17 WHEREAS, City Council has been advised by the Office of the 18 City Manager that the proposed cafe' would have no detrimental 19 effects on the public health, safety, welfare, or interest. 20 NOW, THEREFORE, be it ordained by the Council of the City of 21 Virginia Beach, Virginia: 22 That a franchise is hereby granted to Monroe's Mocambo, Ltd. 23 to operate an open air/boardwalk cafe' at 2417 Atlantic Avenue, 24 Virginia Beach, Virginia, 23451, from July 1, 1987, to April 30, 25 1988, and that the City Manager is hereby authorized and directed 26 to execute a franchise agreement with the franchisee, conditioned 27 on provision by the franchisee and acceptance by the City of an 28 approved final site plan, liability insurance coverage, a surety 29 bond, the applicable franchise fee, and on such other conditions 30 as are required by the afore-mentioned regulations and the 31 Franchise Agreement. 32 This Ordinance shall be effective upon the date of its 33 adoption. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia, on this 8 day of June 1987. 36 RMB/dga 37 Monroes.ord 38 June 4, 1987 39 - 36 - Item III-H.4. ORDINANCES ITF2@ # 27500 Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City Council DENIED: Proposal from the developer of Alexandria Section ic, (Subdivision in Kempsville), to provide the City a cash donation of $25,000 in lieu of a 1.65 acre reservation for open space. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 37 - Item III-I. CONSENT AGENDA ITEM # 27501 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council APPROVED in ONE MOTION Items ADD-ON la, 2, 5, 7, 8 and 9 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Meyera E. Oberndorf VERBAIJY ABSTAINNED on Item III-I.8 as she is a Director of the SOUTHEASTERN PUBLIC SERVICE AUTHORITY. Council Members Absent: None - 38 - Item III-I.l.a CONSENT AGENDA ITEM # 27502 ADD-ON Upon motion by Councilman Baum, seocnded by Councilman Heischober, City Council ADOPTED: RESOLUTION IN RECOGNITION Thomas H. Muehlenbeck City Manager City of Virginia Beach 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 RESOLUTION IN @TION Ihe history of knerica is one of a nation of people joining together to build a better society, individlial initiative, intense pride and a fimer fouridation for the future. 'Ihe " ks of oir Beginnings" really @re established on the Atlantic shores of Virginia Beach when the English Colonists put to shcre here fi-rst in 1607. Cne unknown sailor is said to have r@ked "God never fashioned a better place for man's habitat"; WHEREAS: As the City of Virginia Beach @orates the Bicentemial of the United States' Cbnstitution and prepares to celebrate its @ Twenty-Fifth Birthday, it is only fitting and proper to recognize om whose strides have been constant, whose drearns have been unselfish, whose purpose is sincere and whose leadership has been real in the acccrnplis@t of Virginia Beach taking its rightful place up front. 'Ihis is a time to reflect upon what is past and vbat is to ocrne I Mcre -unpartantly, we @ to draw upc)n his stre@s with confidence to tackle the riew challenges; and, Thamas H. Muehlenbeck celebrated his forty-sixth birthday this past Saturday, June Sixth, he also has reached the first milepc)st in City employnent with five years as our City Manager and the City's Chief Executive Officer on June First. Another cammence!ment to be recognized is Tom's Twenty years as City Manager, having begun at the youthful- age of t@nty-six as City Manager of Ptkinson, @sas, 1967-69; 1%9-74 for the City of College Park, Georgia, 1974-77 for the City of Valdosta, Georgia; 1977-80 for the City of Galveston, @xas; an-a, 1980-82 as Deputy City Manager for the City of Austin, Texas. Coverrznental service is a part of life for which few people are qualified to serve without E)rejudice. Tbm's influerr-e and persuasion have benefitted the City of Virginia Beach. His knowledge and experieme have rendered many su@esses as a result of his expertise. NOW, THEREFORE. BE IT VED: That the Virginia Beach City Cburr-il pauses in its deliberations to recognize THOMAS H. MUEHLENBECK and to pay tribute to his cx:)ntribution of inest@le quantity and unlimited quality. Given under our hands and seals this Eighth day of j@, Nineteen @red Pighty-Seven VICE MKYOR MKYOR - 39 - Item III-I.1 CONSENT AGENDA ITEM # 27503 Upon motion by Councilman Fentress, seconded by Councilwoman McClanan, City Council DEFERRED two weeks until the City Council Meeting of June 22, 1987. Ordinance to amend and reordain Section 7-5.1 of the Code of the City of Virginia Beach, pertaining to stickers required on mopeds. Councilwoman McClanan suggested AMENDING the Ordinance to include rental of mopeds: "Any dealer who sells at retail or rents any moped... " Councilman Fentress wished this Ordinance to be strict in its regulations and wished the verbage to state: "Any person or dealer who sells at retail or rents any moped.." 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-I.2 CONSENT AGENDA ITEM # 27504 ADD-ON Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to amend and reordain Section 21-154 of the Code of the City of Virginia Beach, pertaining to lights on vehicles (time and No.). 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 APPRO'VED AS TO CONTrl,'TS A@@D FORPA OR@lli AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 21-154 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, PERTAINING 4 TO LIGHTS ON VEHICLES (TIME & NO.) 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 21-154 of the Code of the City of Virginia 9 Beach is hereby amended and reordained to read as follows: 10 11 12 Section 21-154. When lights to be lighted; number of lights to be 13 lighted at one time; use of warning lights. 14 15 16 (a) Every vehicle upon a highway within this city 17 shall display lighted head lamps and illuminating devices, as 18 required by this division, from af-ter sunset to a 19 ha3:f- -be-fete sunrise and at any other time when, due to 20 insufficient light or unfavorable atmospheric conditions, persons 21 or vehicles on the highways are not clearly discernible at a 22 distance of five hundred (500) feet. 23 (b) Not more than four (4) lamps used to provide 24 general illumination ahead of the vehicle, including at least two 25 (2) head lamps and any other combination of fog lamps, passing 26 lamp, driving lamp or other auxiliary lamp approved by the 27 superintendent, shall be lighted at any time. This limitation 28 shall not preclude the display of such warning lights as may be 29 authorized by section 21-150 or such lights as may be authorized 30 by the superintendent for purposes of identification, other than 31 warning lights. 32 (c) Vehicles equipped with warning lights authorized 33 in section 21-150 shall display such lights at all times when 34 engaged in emergency calls, and if engaged in towing disabled 35 vehicles or in constructing, repairing and maintaining public 36 highways or utilities on or along public highways, such lights 37 shall be displayed during the periods prescribed in subsection 38 (a) of this section. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the Eighth day of June 1987. 41 42 WEB/epm 43 05/21/87 44 CA-02283 45 \ordin\proposed\21-154.pro 46 2 - 41 - Item III-I-3 CONSENT AGENDA ITEM # 27505 Councilwoman Parker inquired as to how can the massive tow be alleviated when Lots even though they are POSTED are utilized during the winter and then during the summer this restriction is enforced. Councilwoman Parker also referenced section 21-425 and whether there was a need for an additional Police Dispatcher. Chief Wall advised the owners of the lots did have the right to tow if their property is posted. Chief Wall advised the City only towed from Public Property, if vehicles were illegally parked, cause a danger to the traffic or were in such a condition they could not be moved at all. The owners of the private businesses tow on their own authority. The Police Department is a clearing house to inform the citizens where said vehicles are towed. In response to Councilman Heischober's inquiry concerning the Toll Road, Chief Wall advised same was considered public property and in their jurisdiction but they normally respond only to emergencies and only until the State Police arrive. Relative towing off of said Toll Road, the City's Ordinances must be adhered. Councilman Heischober and Councilwoman McClanan advised individuals who function as tow truck operators in the City should have a certain amount of liability insurance. Councilwoman McClanan requested the City Attorney investigate the possibility of suspension of the tow truck operators which might enable a better performance by those operators who continually abuse the conditions reiterated in the City Code. Upon motion by Councilman Moss, seconded by Cuncilwoman Parker, City Council DEFERRED two (2) weeks until the City Council Meeting of June 22, 1987: Ordinance to amend and reordain Sections 21-423, 21-425, 21-426, 21-427, 21-428 and 21-429 of the Code of the City of Virginia Beach, Virginia, pertaining to use of tow truck service to enforce parking restrictions on private 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 - 42 - Item III-I.4. CONSENT AGENDA ITEM # 27506 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council ADOPTED: Ordinance to amend and reordain Sections 21-442 and 21-443 of the Code of the City of Virginia Beach, pertaining to safety of motorcycles. Councilman Fentress expressed concern relative Line 40 of said Ordinance: "Opet-ators and passengers riding on motorcycles with wheels of eight (8) inches or less in diameter shall not be required to wear protective helmets." Operators of mopeds should be required to wear helmets. The size of the tires does not have any relation to whether or not helmets should be worn. Better communication is needed with the State Legislators concerning safety regulations for Mopeds and same will again be discussed for inclusion in the Legislative Package in the Fall. 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 APPROVED AS TO CONTENT3 1 CE TO AMEND AND REORDAIN 2 SECTIONS 21-442 and 21-443 OF THE 3 CODE OF THE CITY OF VIRGINIA BEACH, 4 PERTAINING TO SAFETY OF MOTORCYCLES 5 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That SectionS 21-442 and 21-443 of the Code of the City 10 of Virginia Beach is hereby amended and reordained to read a, 11 follows: 12 13 14 Section 21-442. Operator of motorcycle to ride only on permanent 15 seat; carrying passengers. 16 17 18 (a) A person operating a motorcycle, excluding four 19 (4) wheeled and three (3) wheeled vehicles, shall ride only upon 20 the permanent and regular seat attached to the motorcycle, and 21 such operator shall not carry any other person and no other 22 person shall ride on the motorcycle, unless it is designed to 23 carry more than one person, in which event, a passenger may ride 24 upon the permanent and regular seat, if designed for two (2) 25 persons, or upon another seat firmly attached to the rear or side 26 of the seat of the operator. If such motorcycle is designed to 27 carry more than one person, it shall also be equipped with a 28 footrest, for the use of such passenger. 29 (b) Any person who knowingly violates this section 30 shall be guilty of a Class 1 3 Misdemeanor. 31 32 Section 21-443. Safety devices for protection of motorcycle 33 operators and passengers. 34 35 (a) A person operating a motorcycle shall wear a face 36 shield, safety glasses or goggles or have his motorcycle equipped 37 with safety glass or a windshield at all times while operating 38 such vehicle, and operators and passengers thereon, if any, shall 39 wear protective helmets. Operators and passengers riding on 40 motorcycles with wheels of eight (8) inches or less in diameter 41 shall not be required to wear protective helmets. The 42 superintendent shall establish standards for the windshields, 43 Eace shields, glasses or goggles and protective helmets required 44 herein. Failure to wear a Eace shield, safety glasses or goggles 45 or a protective helmet shall not constitute negligence per se in 46 any civil proceeding. 47 (b) No motorcycle operator shall use any face shield, 48 safety glasses or goggles or have his motorcycle equipped with 49 safety glass or a windshield, unless of a type approved by the 50 superintendent. 51 (c) Any person who knowingly violates this section 52 shall be guilty of a Class 1 3 misdemeanor. 53 54 Adopted by the Council of the City of Virginia Beach, 55 Virginia, on the Eighth day of June 1987. 56 57 WEB/epm 58 05/21/87 59 CA-02284 60 \ordin\proposed\21-442etc.pro 61 62 2 - 43 - Item III-I.5 CONSENT AGENDA ITEM # 27507 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to amend and reordain Section 23-34 of the Code of the City of Virginia Beach, pertaining to defrauding, hotels, motels, campgrounds, etc. 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 APPROVED AS TO CONT@@;Al'l 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 23-34 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, PERTAINING 4 TO DEFRAUDING HOTELS, MOTELS, 5 CAMPGROUNDS, ETC. 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 23-34 of the Code of the City of Virginia 11 Beach is hereby amended and reordained to read as follows: 12 13 14 Section 23-34. Defrauding hotels, motels, campgrounds, etc. 15 16 (a) It shall be unlawful for any person to put up at a 17 hotel, motel, campground or boardinghouse or to obtain food from 18 a restaurant or other eating house and, without having an express 19 agreement for credit, to procure food, entertainment or 20 accommodation without paying therefor and with intent to cheat or 21 defraud the owner or keeper of such hotel, motel, campground, 22 boardinghouse, restaurant or other eating house out of the pay 23 for the same; or, with intent to cheat or defraud such owner or 24 keeper out of the pay therefor, to obtain credit at a hotel, 25 motel, campground, boardinghouse, restaurant or other eating 26 house for such food, entertainment or accommodation, by means of 27 any false show of baggage or effects brought thereto; or, with 28 such intent, to obtain credit at hotel, motel, campground, 29 boardinghouse, restaurant or other eating house for such food, 30 entertainment or accommodation through any misrepresentation or 31 false statement; or, with such intent, to remove or cause to be 32 removed any baggage or effects from a hotel, motel, campground, 33 boardinghouse, restaurant or other eating house while there is a 34 lien existing thereon for the proper charges due from him for 35 fare and board furnished therein. 36 (b) This section shall apply only if the value of the 37 service, credit or benefit procured or obtained is less than one 38 two hundred dollars f$100708t ($200.00). 39 (c) Any person who violates any provision of this 40 section shall be guilty of a Class 1 misdemeanor. 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on the EiLhth day of June 1987. 43 44 WEB/epm 45 05/20/87 46 CA-02280 47 \ordin\proposed\23-034.pro 2 - 44 - Item III-K.6 CONSENT AGENDA ITF14 # 27508 Chief Wall responded to Councilman Fentress' inquiries concerning the word "slingshot" contained in the Ordinance. Chief Wall advised the word "slingshot" was included as this Amendment is proposed to bring the City Code into conformity with State Code. Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to amend and reordain Section 38-1 of the Code of the City of Virginia Beach, pertaining to carrying concealed weapons. 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 /-,3 TC' 'CITY ATTORNEY 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 38-1 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, PERTAINING 4 TO CARRYING CONCEALED WEAPONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 38-1 of the Code of the City of Virginia 9 Beach is hereby amended and reordained to read as follows: 10 11 12 Section 38-1. Carrying concealed weapons. 13 14 (a) If any person carries about his person, hidden 15 from common observation, (i) any pistol, revolver, or other 16 weapon designed or intended to propel a missile of any kind, or 17 (ii) dirk, bowie knife, switchblade knife, razor, slingshot, 18 metal knucks, blackjack, or any weapon of like kind, or (iii) 19 '.spring stick", a spring-loaded metal stick activated by pushing 20 a button which rapidly and forcefully telescopes the weapon to 21 several times its original length, or fi:i:!it (iv) nun chahka or 22 any other similar flailing instrument consisting of two (2) or 23 more rigid parts connected in such a manner as to allow them to 24 swing freely, which instrument may also be known as a "nunchuck" 25 or "nunchaki,ll shuriken, fighting chain or any weapon of like 26 kind, or fivt(v) any disc, of whatever configuration, having at 27 least two (2) points or pointed blades which is designed to be 28 thrown or propelled and which may be known as a throwing star or 29 oriental dart, or fvf(vi) any weapon of like kind as those 30 enumerated in this section, he shall be guilty of a Class 1 31 misdemeanor, and such weapon shall be forfeited to the city and 32 may be seized by an officer as forfeited, and such as may be 33 needed for police officers and conservators of the peace shall be 34 devoted to that purpose, and the remainder shall be destroyed by 35 the officer having them in charge. For the purposes of this 36 section, a weapon shall be deemed to be hidden from common 37 observation when it is observable but is of such deceptive 38 appearance as to disguise the weapon's true nature. 39 (b) This section shall not apply to any person 40 carrying a concealed weapon in accord with permission granted by 41 a circuit court pursuant to section 18.2-308 of the Code of 42 Virginia. 43 (c) This section shall not apply to any person while 44 in his own place of abode or the curtilage thereof or to any 45 police officers, sergeants, sheriffs, deputy sheriffs or regular 46 game wardens appointed pursuant to chapter 3 of title 29 of the 47 Code of Virginia. 48 (d) This section shall not apply to any of the 49 following individuals while in the discharge of their official 50 duties: 51 (1) Carriers of the United States mail in rural districts. 52 (2) Officers or guards of any state correctional institution. 53 (3) Noncustodial employees of the state department of 54 corrections designated to carry weapons by the secretary of 55 public safety or the director of the state department of 56 corrections pursuant to section 53-39 of the Code of 57 Virginia. 58 (4) Conservators of the peace, except that the following 59 conservators of the peace shall not be permitted to carry a 60 concealed weapon unless a permit is obtained pursuant to 61 section 18.2-308 of the Code of Virginia: 62 a. Notaries public. 63 b. Registrars. 64 C. Drivers, operators or other persons in charge of any 65 motor vehicle carrier of passengers for hire. 66 Adopted by the Council of the City of Virginia 67 Beach, Virginia, on the Eighth day of June 1987. 68 69 WEB/epm 70 05/21/87 71 CA-02281 72 \ordin\proposed\38-001.pro 73 2 - 45 - Item III-I.7. CONSENT AGENDA ITEM # 27509 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to transfer $12,000 to replace a vehicle declared beyond repair in the Commonwealth 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 AN ORDINANCE TO TRANSFER $12,000 TO REPLACE A VEHICLE DECLARED BEYOND REPAIR IN THE COMMONWEALTH ATTORNEY'S OFFICE WHEREAS, the city vehicle assigned to the Office of the Commonwealth's Attorney was involved in an accident on May 4, 1987, and WHEREAS, the vehicle was declared "beyond economical repair" by the Automotive Services Division of the General Services Department, and WHEREAS, this vehicle was utilized by two legal investigators, fourteen assistant prosecutors, and the Commonwealth's Attorney on the average of 350-400 miles per week, and WHEREAS, tbe usage consisted primarily of transportation to crime scenes to take additional crime scene photographs and interview witnesses. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the funds necessary to acquire the replacement vehicle be transferred from within the Office of the Commonwealth's Attorney. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Eighth day of June 1987. AP@)POVFD AS TO CONTENT S!G@,'AFURE [)'@PARr@AENT CSR/4 ATTORNEY - 46 - Item III-I.8 CONSENT AGENDA ITEM # 27510 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to transfer $68,000 within the Fiscal Year 1986-1987 Operating Budget of the Department of Public Works. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, T .Iarold 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: None Council Members Abstaining: Vice Mayor Meyera E. Oberndorf Council Members Absent: None Vice Mayor Meyera E. Oberndorf VERBALLY ABSTAINED on Item III-I.8 as she is a Director of the SOUTHEASTERN PUBLIC SERVICE AUTHORITY. AN ORDINANCE TO TRANSFER $68,000 0 0.@ Wr, WITHIN THE FISCAL YEAR 1986-1987 OPERATING BUDGET OF THE DEPARTMENT OF PUBLIC WORKS > EAS, the City of Virginia Beach in order to maintain the health, fety d@..lfare of its citizens provides refuse collection and disposal services, and WHEREAS, the Department of Public Works, Solid Waste Division disposes of approximately 350,000 tons of refuse annually accounting for over 130,000 vehicle trips into and out of the landfill, and WHEREAS, in order to provide these services the timely disposal of solid wastes from the city's transfer station to the landfill is necessary, and WHEREAS, the amount of solid waste deposited at the city's transfer station has been greater than expected and it has become necessary to utilize the refuse hauling services of the Southeastern Public Service Authority (SPSA) to haul refuse from the city's transfer station to the landfill for the timely disposal of refuse, and WHEREAS, the use of SPSA's hauling service is unexpected and the costs of these services is greater that the amount appropriated in the fiscal year 1986 - 1987 Operating Budget for the Solid Waste Division's Refuse Transfer Station, and WHEREAS, this service has resulted in a deficit of $68,000 in the Solid Waste Division's Transfer Station Operating Budget, and there are surplus funds in the amount of $68,000 available to offset this deficit within the Department of Public Works' Operating Budget for fiscal year 1986 - 1987. NOW, THEREFORE BE IT ORDAINED BY THE COTJNCIL OF THE CITY OF VIRGINIA BF,ACH, VIRGINIA, that funds in the amount of $68,000 are to be transferred within the fiscal year 1986 - 1987 Operating Budget of the Department of Public Works to balance the Refuse Transfer Station's Operating Budget. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Eighth . day of -Tila- , 1987. - 47 - Item III-I.9 CONSENT AGENDA ITEM # 27511 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council APPROVED: RAFFLE PERMIT Princess Anne Rotary Club 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 a.nd John L. Perry Council Members Voting Nay: None Council Members Absent: None - 48 - Item III-J. APPOINTMENTS ITEM # 27512 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS to: BOND REFERENDA COMMITTEE FACT FINDING COMMITTEE - Ocean Lakes SOCIAL SERVICES BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - 49 - Item III-L.1 NEW BUSINESS ITEM # 27513 BY CONSENSUS, City Council RESCHEDULED EDUCATING ELDERLY - HEALTH INSURANCE CLAIMS - Sam Houston - 50 - Item III-L.2 UNFINISHED BUSINESS ITEM # 27514 The City Manager distributed a letter which referenced the CAPITAL IMPROVEMENT PROGRAM ISSUES FOR CITY COUNCIL RKVIEW: 1. Recreation Centers 2. Courts Building (scheduled for consideation on June 8) 3. Princess Anne/Kempsville Road Intersection 4. Purchase of property 5. Hurricane Protection Plan (Each of the aforementioned issues could have a significant impact on the CIP for the next ten years) BY CONSENSUS, City Council SCHEDNED: Water and Sewer Cost Presentation (Lake Gaston, Operation of Water and Sewer Enterprise Fund) 6/22/87 Kempsville/Princess Anne Roads Intersection Presentation 6/22/87 CIP WORKSHOP SESSION 7/6/87 10:30 A.M. - 51 - Item III-M.1 ADJOURNMENT ITE@L Pf 27515 Upon motion by Vice Mayor Oberndorf and BY ACCLU4ATION, City Council ADJOURNED the Meeting at 5:34 P.M- Chief Deputy City Clerk Riith flodg6s Smith, CTC bert d. City Clerk @ayor City of Virginia Beach Virginia