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FEBRUARY 9, 1987 MINUTES @it@ C),f -vi1r"i@i@ "WORLD'S LARGEST RESORT CITY" C@ COU.CIL -YOR @l G. JON@ .1 V@CE MAYOR MEY@ E 08@@W. Al @W ALBERT W, @0, LA-@ @@h JOH, @ MUM, @. @,@ RO-RT E F@@ Vi,,i.@ -@ @.h @OW HEXH.W&- Al U@, S. N- A- loffN .. =, K-,-. NM- K. PARXFA 1, L- ]..N L PMY, &,- B-0 281 GI7Y HALL BUILDING IHO.M H. U-@BECK @it, MUNICIPAL CENTER 1. -U BiM@.. .,, A.@ VIRGINIA BEACH, VIRGINIA 23456-M .@H HO@@ -@H. @C. .@ C@k 18041427.4M VIRGINIA BEACH CITY COUNCIL AGENDA FEBRUARY 9, 1987 ITEM I. SPECIAL EXECUTIVE SESSION: - Conference Rocn - 11:00 AM A. READING OF MAYOR'S CALL TO ORDER B. ROLL CALL C- MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. COUNCIL CONFERENCE SESSION - Conference Rom - 12:00 Pm A. CITY COUNCIL CONCERNS 1. Council Goals and Strategies ITEM III. INFOmn SESSION - Conference Rocm - 12:30 PM A. CALL TO ORDER - Mayor Rc)bert G. Jones B. ROLL CALL OF COUNCIL C. CITY MANAGER'S BRIEFINGS 1. Teacher Salary Niandate Calculation Dr. E. E. Brickell, Superintendent, virginia Beach Public Schools 2. Classification and Executive Pay Plan Mr. Charles Hendricks 3. Redwing Lake Hydraulic Study Mr. Donald Truebloc>d, City Engineer ITEM IV. Fo@ SESSION - Council Chambers - 2:00 PM A. INVOCATION: Reverend Marge Kenny Chapel of the Good Samaritan B. PLEDGE OF ALLEGIANCE TO THE FLAG OF 'IBE UNITED STATES OF M4ERICA C. ELECMNIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FO@ AGENDA E. MINUTES 1. INFOPAU & F'ORMAL SESSIONS - February 2, 1987 F. PUBLIC REARING 1. PLANNING BY CONSENT a. Application of A. C. and Virginia S. Brown for a Conditional Use Permit for a shelter for farm employee on the north side of North Landing Road, 1,100 feet more or less east of Salem Road located at 3320 North Landing Road, containirig 209.65 acres (Princess Anne Borough). Reccmnendation: APPROVAL b. Application of Turner and Associates for a Conditional Use Permit for a Children's %brld Day Ca@, Center on Lot 14, Section 6, Wesleyan Pines, located on the east side of Diarmnd Springs Road, 230 feet south of Virginia Tech Court, containing 43,429.32 square feet (Bayside Borough). Rec@ndation: APPROVAL c. Application of Joseph A. Falk for a Conditional Use Permit for an autcmobile repair-sale and installation of tires on property located on the west side of South Military Highway, 195.86 feet north of Providence Road, containing 29,620.8 square feet (Kempsville Borough). Reccnynendation: WITHDRAWAL d. Application of Porpoise Enterprises, a Virginia General Partnership, for a Conditional Use Perrnit for off-site commercial parking lot on property located at the northwest corner of 19th Street and Cypress Avenue, containing 8,276 square feet mre or less (Virginia Beach Borough). AND, Ap .plication of U. S. Fiberglass Products, Inc. and Pc)rpoise Enterprises, aVirgini.a General Partnership, for a Conditional Use Permit for the sale of sailing and wave riding boards, equipuent and accessories at the northeast corner of 19th Street and Cypress Avenue on Lots 17 and 18 and remainder of Lots 19 and 20, Block 37, Virginia Beach Development Corporation, containing 26,136 square feet (Virqinia Beach Borough). Reccmendation: APPROVAL e. @A i z, of A. Stanley Mundy Caapany for a Conditional Use .ppf c tion Pem@@ *-for a recreational facility of an outdoor nature (golf driving range) on Parcels 466 and 466A located on the west side of South Birdneck Road, 370 feet south of Beautiful Street, containing 11.375 acres (Lynnhaven ]3orough). Recamendation: APPROVAL f. Application of Sotirios A. and Martha Karageorge for a Change of Zoning frcin B-2 Comunity-Business District to I-1 Light Industrial District on @ east side of Chestnut Avenue, 530 feet more or less south of Bonney Road on Lot IA, Lots 1-14, parts of L<)ts 15, 16 and 17, and Lots 29-35, Block C, Plat of Rosemont, containing 1.77 acres (Lynnhaven Borough). Reccmendation: APPROVAL 2. PLANNIM a. ordinance appointing viewers in the petition of Pacific Associates Corporation for the closure of a portion of an alley between 4th Street and 5th Street. DEFERRED INDEFINITELY on Nove @ r 24, 1986. Reccmmndation; APPROVAL b. RECONSIDERATION of the application of Kempsville Lake #1 Partnership and Michael S. Malbon for a Change of Zoni2a frcm @ Residential. District to PD-H2 Plamed Unit Developinent District as a modification to ocean Lakes Land Use Plan on property located at 895 Old Dam Neck Road, containing 2.419 acres (Princess Anne Borough). c. MCONSIDERATION of the application of Steven H. Davidson for a Conditional Use Pemit for a single-farnily dwelling in the AG-1 @ricultural District located on the east side of Princess Anne Road south of Pungo Ferry Road, containirxj 13 acres (Pungo Borough). DEFERRED by Council on November 17, 1986, December 22, 1986 and January 5, 1987. d. ordinanc(, to AMFND and REORDAIN Article 1, Section 111; Article 2, Sections 210, 216; Article 9, Sections 911, 921, 931; and, Article 10, Section 1001 of the Ccmprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, pertaining to Billboards. Recomendation: APPROVAL - Article 2, Section 216 G. OONSENT AGENDA All matters listed uncler the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the forrn listed. If an item is removed frcxn the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance grantinq a franchise to Sandcastle Motel, Inc. 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. 2. ordinance to authorize the acquisition of real property, easemnts, either by agreement or by condemnation, for the following Water and Sewer CIP Projects: a. Bayside/Diamond Springs Road - CIP 5-981 b. Credle Road - CIP 5-997 , c. Indian Lakes Boulevard - CIP 5-978 d. Kempsvi.lle Suction-Phase II - CIP 5-939 e. Newtown Road - cip 5-979 f. Hawkins Lane - CIP 5-306 g. Sandbridge Road - CIP 5-712 h. Sniall Line Improvements-Contract 10 - CIP 5-304 i. Southern Points - CIP 5-011 j. Lakeview Park - CIP 5-021 k. Lakeview Park - CIP 6-932 1. Elizabeth River Shores - CIP 6-929 m. Croatan Beach - CIP 6-933 3. Ordinance upon SEOOND READING to appropriate $2,900 frcfn the Division of Litter Control for the Clean nity Program and increase revenue frcrn the Ccnmnwealth by a like amunt. 4. Ordinance upon SECOND READING to appropriate $70,000 for the lease/purchase of a motor grader for the Public Words Depar@nt. 5. RAFFLE PEPMIT: K. B. H. Men's Club 6. Ordinance authorizing an Admissions Tax Refund in the amunt of $53.91. 7. ordinance authorizing License Refunds in the amunt of $5,859.73. H. UNFINISHED BUSINESS I. NEW BUSINESS J. AW VIMINIA BEACH CITY COUNCIL ALL SESSIONS MONDAY, FEBRUARY 16, 1987 CANCELLED GEORGE VASHI /ABRAHAM LINCOLN HOLIDAY M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 9, 1987 The SPECIAL EXECUTIVE 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, February 9, 1987, at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf, John D. Moss, Nancy K. Parker, and John L. Perry Council Members Absent: Harold Heischober was absent due to illness. Reba S. McClanan (ENTERED: 11:11 A.M.) - 2 - Item I.A. ITEM # 26836 The MAYOR'S LETTER stating the purpose of the SPECIAL SESSION was read by Mayor Robert G. Jones: " In accordance with City Code Section 2-21, and by the authority vested in me, I hereby call a SPECIAL EXECUTIVE SESSION for Pesonnel, Publicly held property and Legal Matters to be held at 11:00 A.M, Monday, February 9, 1987, in the Conference Room, City Hall, Municipal Center, Virginia Beach, Virginia." s/Robert G. Jones Mayor - 2a - ROBERT G. JONES MUNICIPAL CENTER MAYOR VIRGINIA BEACH, VIRGINIA 23456-9002 (804) 427-4561 February 5, 1987 HONORABLE MEMBERS OF CITY COUNCIL: In accordance with City Code Section 2-21 and by the authority vested in me, I hereby call a SPECIAL EXECUTIVE SESSION for Personnel, Publicly held property and Legal Matters to be held at 11:00 AM, Monday, February 9, 1987, in the Conference Room, City Hall, Municipal Center, Virginia Beach, Virginia. Respectfully, RGJ/bc cc: Thomas H. Muehlenbeck, City Manager J. Dale Bimson, City Attorney Ruth Hodges Smith, CMC, City Clerk Pam Lingle, Public Information Coordinator Virginia Beach City Council Received Notice Councilman Albert W. Balko Councilman John A. Baum Councilman Robert E. Fentress Councilman Harold Heischober Councilwoman Barbara M. Henley Councilwoman Reba S. McClanan Councilman John D. Moss Vice Mayor Meyera E. Oberndorf Councilwoman Naricy K. Parker Councilman John L. Perry - 3 - ITEM # 26837 Mayor Jones entertained a motion to permit City Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Moss, seconded by Councilman Perry, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, 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: Harold Heischober and Reba S. McClanan - 4 - ITEM r" 26838 The INFOR14AL 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, February 9, 1987, at 1:40 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Ilayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Harold Heischober - 5 - C I T Y M A N A G E R' S B R I E F I N G TEACHER SALARY MADATE CALCULATION February 9, 1987 ITF14 # 26839 Dr. Fred G. Benham, Assistant Superintendant for Financial Services and Dr. Donald A. Peccia, Wage and Salary Specialist (VIRGINIA BEACH CITY SCHOOLS), explained the Transitional Personnel Payment Categorical Fund that affects tlie salary increases for all teaching personnel. Guidelines for Receipt of the 1987-1988 Transitional Personnel Payment were distributed to City Council. (Said copy is hereby made a part of the record). On the last page of said copy is an EXTRACT OF ITEM 155.C. of the 1986-88 APPROPRIATIONS ACT (Chapter 643 Acts of the Assembly - 1986). This explains the Transitional Personnel Payment. Each governing body, school board and division superintendent shall appropriate increased local funds to meet their locality's share of the cost and shall provide at least a 10 percent increase in the average classroom teacher salary each year of the Biennium or the State shall withhold payment of the transitional personnel payment in the second year. Receipt of the State share of the transitional component of $146 per pupil in the second year of the Biennium is conditioned upon a local school division improving the average classroom teacher salary by at least 10 percent in the first year of the Biennium and the Division Superintendent certifying to the State Board of Education that at least a 10 percent icrease in the average classroom teacher salary has been budgeted for the second year of the Biennium. The State Board of Education shall grant an exception to the 10 percent salary increase requirement and authorize receipt of the State's share of the transitional component of $146 per pupil in the second year if a local school division's 1986-87 average classroom teacher salary equals or exceeds $24,537 and its budgeted 1987-88 average classroom teacher salary equals or exceeds $26,897. The 1987-88 Transitional Personnel Payment to Virginia Beach has been estimated to be approximately $4.9 MILLTON. In order to comply with the State mandate, Virginia Beach has the following options: (1) Grant an average increase in Teacher's Salaries of 10%. (2) Grant a percentage increase in salary less than 10% but still high enough to qualify under the salary mandate exemption. The 1987-88 State Salary Mandate Goal is $26,897.00. (3) Not comply with the mandate and not qualify for the $4.9 MILLION Transitional Personnel Payment. The OPTION to be recommended to the School Board is Option No. 2 which would qualify the School Division under the Salary Mandate Exemption Clause. In order to reach the 1987-88 State Average Teacher Salary Goal of $26,897.00 and be eligible to receive the Transitional Personnel Payment, an average increase of 6.3% is needed in all areas of teachers' salaries. In order to icrease the average salary by that amount, teachers' salaries need to be increased by 8.2%. This is necessary because of new hires, turnovers and retirements that tend to depress the average teacher salary. Therefore, salary increases for teachers have been recommended to be 5.5% which, when combined with Step Increases, will permit the School Division to reach the average teacher salary goal. The 1987-88 estimated average teacher salary is $26,949-00 or just $52 above the State Goal. If a greater turnover occurs, or new employees are hired at less than projected new hire salaries, then the State-Wide Salary Goal might not be met. Additional steps will then be required in June 1988 to supplement future salaries through a salary adjustment so the City might meet the goal and be eligible to receive the Transitional Personnel Payment. - 6 - C I T Y M A N A G E R' S B R I E F I N G TEACHER SALARY MADATE CALCULATION February 9, 1987 ITEM # 26839 (Continued) Councilman Moss requested Staff advise City Council of their rationale in deriving 4.5% as the correct amount for the Cost of Living increase. Councilman Moss also requested a future Memorandum concerning the cash flows (effective pay raise) for each of the categories: Bus Drivers, Classified and Administrative. Counclwoman McClanan requested figures concerning the actual raises for the Assistant Principals. In response to Councilwoman Parker's inquiry, Dr. Peccia advised 251 people were hired as a turn-over. This does not include new positions. Councilman Perry referenced the Five Year Budget Summary. Dr. Benham advised the School Board had not acted upon the completed Budget Document but the State share is approximately 60% of the Budget. The City is responsible for approximately 40% of the School's Annual Budget. - 7 - F ORM A L S E S S ION VIRGINIA BEACII CITY COUNCIL February 9, 1987 2:10 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, February 9, 1987,at 2:10 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Harold Heischober INVOCATION: Reverend Marge Kenny Chapel of the Good Samaritan PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 8 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item IV-D.1 ITEM # 26702 Councilwoman Henley advised the TRT was SCHEDULED to vote upon the handicapped provisions this Wednesday, February 11, 1987. Councilwoman requested comments from the City Council. Same will be ADDED under UNFINISHED BUSINESS. Item IV-D.2 ITEM # 26703 Councilman Fentress advised City Council MISS AMERICA will be in Virginia Beach March 16-18 and requested a schedule be arranged to honor her on March 16, 1987. This item will be ADDED under UNFINISHED BUSINESS. Item IV-D-3 ITEM # 26704 The Mayor referenced the ANNUAL MEETING of the VIRGINIA MUNICIPAL LFAGUE September 27-29, 1987. City Council might wish to reflect upon the disposition of the City Council Meeting of September 28, 1987. Several Council Members have indicated their desire to attend. This item will be an ADD-ON under NEW BUSINESS. Item IV-D.4 The City Clerk referenced an Ordinance upon application of Joseph A. Falk for a Conditional Use Permit for an automobile repair-sale and installation of tires on property located on the west side of South Military Highway, 195.86 feet north of Providence Road, containing 29,620.8 square feet (Kempsville Borough). (See IV-F.i.c of the PLANNING BY CONSENT AGENDA.) The City Clerk advised the Recommendation of the Planning Commission was incorrectly stated and same should state "APPROVE" and not "WITHDRAWAL't. 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. 9 Item III-E.1 MINUTES ITEM 26840 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of February 2, 1987 AS AMENDED: ITEM # 26814, Page 28, Paragraph 9 was incorrectly amended: Same should state: "BE IT FURTHER RESOLVED THAT the Council of the City of Virginia Beach will not utilize those State funds unless the 81/2ft;be provides a dollar-per- dollar match for funds appropriated by the Commonwealth up to $2-Million for Sandbridge beach nourishment at such time as the beach is designated , Ipublic beach'." Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Harold Heischober Council Members Absent: None - 9a - RESOLUTION REQUESTTNG THE VIRGINIA GENERAL ASSEMBLY APPROPRIATE $2-MILLION FOR SANDBRIDGE PUBLIC BEACH NOURISHMENT IN THE CTTY OF VIRGINIA BEACH, VIRGINIA WHEREAS, the public beaches lying along the Atlantic Ocean and Chesapeake Bay shoreline of the Commonwealth of Virginia in the City of Virginia Beach represent an important resource; WHEREAS, due to a variety of social, economic and environmental factors, these areas are eroding; WHEREAS, Section 21-11.16 of the Code of Virginia declares that it is a policy of the Commonwealth that Virginia shores are a most valuable resource that should be protected from erosion; WHEREAS, the Virginia General Assembly is currently in session; WHEREAS, the Delegation to the Virginia General Assembly from the City of Virginia Beach is sponsoring a budget amendment to provide $2-Million for the City for public beach nourishment at Sandbridge; and, WHEREAS, it is necessary for the City to support this effort. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH; That the City's Delegation to the General Assembly be encouraged to submit a budget amendment to provide $2-Million in State funds for beach nourishment at Sandbridge. BE IT FURTHER RESOLVED: That the General Assembly be encouraged to approve this budget amendment as it is in the best interest of the Comr-qonwealth to protect a valuable and scarce resource of the Commonwealth that provides great return to the Commonwealth in the form of tourism. BE IT FURTHER RESOLVED THAT the Council of the City of Virginia Beach will not utilize those State funds unless the provides a dollar- per-dollar match for funds appropriated by the Commonwealth up to $2-Million for Sandbridge beach nourishment at such time as the beach is designated a Ttpublic beach". Adopted by the Council of the City of Virginia Beach on the Second day of February, 1987. - 10 - Item IV-F.l.a-9 PUBLIC HEARING PLANNING ITEM # 26841 Mayor Jones DECLARED a PUBLIC HFARING on: PLANNING BY CONSENT ITH-MS a. A. C. AND VIRGINIA S. BROWN CONDITIONAL USE PERMIT b. TURNER AND ASSOCIATES CONDITIONAL USE PERMIT c. JOSEPH A. FALK CONDITIONAL USE PERMTT d. PORPOISE ENTERPRISES CONDTTTONAL USE PERMIT AND U.S. FIBERGLASS PRODUCTS, INC. CONDITIONAL USE PERMIT e. A. STANLEY MUNDY COMPANY CONDITTONAL USE PERMTT f. SOTIORIOS A. AND 14ARTHA KARAGEORGE CHANGE OF ZONTNG PLANNING a. PACIFIC ASSOCIATES ORDINANCE APPOINTING VIEWERS b. KEMPSVILLE LAKE #1 PARTNERSHIP CHANGE OF ZONING MICHAEL S. MALBON (RECONSIDERATION) c. STEVEN H. DAVIDSON (RECONSIDERATION) CONDTTIONAL USE PERMIT d. BILLBOARDS COMPREHENSIVE ZONING ORDINANCE Item III-F.l. PUBLIC HEARING PLANNING BY CONSENT ITEM # 26841a Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council APPROVED in ONE MOTION Items IV-F.l.a., IV-F.l.b., IV-F.l.c., IV- F.l.d., IV-F.l.e and IV-F.l.f of the PLANNING BY CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober 1 2 Ttem IV-F.l.a. PUBLIC HEARING PLANNING BY CONSENT ITEM # 26842 Upon motion by Councilman Fentress, seconded by Couricilwoman Parker, City Council ADOPTED an Ordinance upon application of A. C. AND VIRGINIA S. BROWN for a Conditional Use Permit for a shelter for farm employee. ORDINANCE UPON APPLICATION OF A. C. AND VIRGINIA S. BROWN FOR A CONDITIONAL USE PERMIT FOR A SHELTER FOR FARM EMPLOYEE R02871012 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of A. C. and Virginia S. Brown for a Conditional Use Permit for a shelter for farm employee on the north side of North Landing Road, 1100 feet more or less east of Salem Road. Said parcel is located at 3320 North Landing Road and contains 209.65 acres. Plats with more information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. Approval is for a period of two (2) years. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of February, Nineteen Hundred and Eighty-seven. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert 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: Harold Heischober STATEMENT OF CONSENT APPLICANTS: A. C. and Vi@ginia S. Brown APPLICATION: Conditional use Permit DESCRIPTION: shelter for farm ervloyee CITY COUNCIL SESSION: February 9, 1987 TliE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OMER, (or Agent for the Owner), MS REVIEWED THE CONDITIONS FOR APPROVAL (REQUI ) RECOMENDED BY T-HE VIRGINIA BEACH PLANNING corz4ISSION To THE VIRGINIA BEACH CITY COUNCIL F'OR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMEN@ 'IO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VI@INIA, AND HEREBY ACCEPTS AND AGREES TO: 1. Approval is for a period of two (2) years. Owner By: Owner/Attorney ent Date: - 13 - Item IV-F.I.b PUBLIC HEARING PLANNING BY CONSENT ITEM # 26843 James Overton, of Waterway Surveys and Enginering, Ltd., represented the applicant and advised the licensing refers to 125 children which comprises the total number of children allowed to be enrolled. It is not the total that they have on the premises at any given time. They are required by the State to have 10,000 square feet of playground area which has been provided on said site. Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council ADOPTED an Ordinance upon application of TURNER AND ASSOCIATES for a Conditional Use Permit: ORDTNANCE UPON APPLICATION OF TURNER AND ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A CHILDRENIS WORLD DAY CARE CENTER R02871013 BE IT HERE BY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Turner and Associates for a Conditional Use Permit for a Children's World Day Care Center on Lot 14, Section 6, Wesleyan Pines. Said property is located on the east side of Diamond Springs Road, 230 feet south of Virginia Tech Court and contains 43,429-32 square feet. BAYSIDE BOROUGH. The following condition shall be required: 1. Security fence enclosing the play areas. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of February, Nineteen Hundred and Eighty-seven. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert 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: Harold Heischober STATEMENT OF CONSENT APPLICANT: Turner and AssociatEs APPLICATION: Conditional Use Permit DESCRIPTION: Children's TAbrl.d Day Care Center CITY COUNCIL SESSION: February 9, 1987 THE UNDERSIGNED OWNER OR LECAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIRENENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO 'IHE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENLMENT TO THE ZONING MAP OF TliE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPT'S AND AGREES TO: 1. Security fence enclosing pliky area. Owner By nt Date: - 14 - Item IV-F.l.c PUBLIC HFARING PLANNING BY CONSENT ITEM # 26844 Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council ADOPTED an Ordinance upon application of JOSEPH A. FALK for a Conditional Use Permit: ORIDNNACE UPON APPLICATION OF JOSEPH A. FALK FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE REPAIR - SALE AND INSTALLATION OF TIRES R02871014 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRIGNIA Ordinance upon application of Joseph A. Falk for a Conditional Use Permit for automobile repair - sale and installation of tires on certain property located on the west side of South Military Highway, 195.86 feet north of Providence Road. Said parcel contains 29,620.8 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of February, Nineteen Hundred and Eighty-seven. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert 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: Harold Heischober 1 5 Item III-F.I.d. (a) PUBLIC HEMING ITEM # 26845 PLANNING BY CONSENT Attorney William Wahab represented the applicants, PORPOISE ENTERPRISES and U. S. FIBERGLASS PRODUCTS, INC., and advised there would be ten parking spaces on the west side and approximately forty parking spaces on the property at the northeast corner of that intersection where the main sales building will be located. On the northeast corner of Cypress and lgth Street the dilapidated buildings will be demolished and a new showroom built at said location. Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council ADOPTED an Ordinance upon application of PORPOISE ENTERPRISES, A VIRGINIA GENERAL PARTNERSHIP for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PORPOISE ENTERPRISES, A VIRGINIA GENERAL PARTNERSHIP, FOR A CONDITIONAL USE PERMIT FOR OFF-SITE COMMERCIAL PARKING LOT. R02871015 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Porpoise Enterprises, a Virginia General Partnership, for a Conditional Use Permit for off-site commercial parking lot on certian property located at the northwest corner of 19th Street and Cypress Avenue. Said parcel contains 8276 square feet more or less. Plats with more detailed information are available in the Department of Planning. VIRGINIA BEACH BOROUGH. The following condition shall be required: 1 . Dedication of right-of-way along Cypress Avenue in accordance with the alignment set in the lgth Street Road Project Plans. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of February, Nineteen Hundred and Ei@htv-seven. - 16 - Item IV-F.l.d.(a) PUBLIC HEARING PLANNING BY CONSENT ITEM # 26845 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober S OF OONSERR APPLICANT: Porpoise Enterprises, a Virginia Ge-neral Partnership APPLICATION: Conditional Use Pomit DESCRIPTION: off-Site c@rcial Parking Lot CITY COUNCIL SESSION: February 9, 1987 THE UNDERSIGNED OMER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FIOR APPROVAL (REQUIREMEWS) RE DED BY 'IHE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACfl CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMEN TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. Dedication of right-of-way along Cypress Avenue in accordance with the aligrunent set in the 19th Street Road Project Plans. Cwn4r By: owner/Att6riiey/Abent Date: - 17 - Item I -Fld. b) PUBLIC HEARING PLANNING BY CONSENT ITIII # 26846 Attorney William Wahab represented the applicants, PORPOISE ENTERPRISES and U. S. FIBERGLASS PRODUCTS, INC., and advised there would be ten parking spaces on the west side and approximately forty parking spaces on the property at the northeast corner of that intersection where the main sales building will be located. On the northeast corner of Cypress and lgth Street, the dilapidated buildings will be demolished and a new showroom built at said location. Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council ADOPTED an Ordinance upon application of U. S. FIBERGLASS PRODUCTS, INC. AND PORPOISE ENTERPRISES, A VIRGINIA GENERAL PARTNERSHIP, for a Conditonal Use Permit: ORDINANCE UPON APPLICATION OF U. S. FIBERGLASS PRODUCTS, INC., AND PORPOISE ENTERPRISES, A VIRGINIA GENERAL PARTNERSHIP, FOR A CONDITIONAL USE PERMIT FOR THE SALE OF SAILING AND WAVE RIDING BOARDS, EQUIPMENT AND ACCESORIES R02871016 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of U. S. Fiberglass Products, Inc. and Porpoise Enterprises, A Virginia General Partnership, for a Conditional Use Permit for the sale of sailing and wave riding boards, equipment and accessories at the northeast corner of lgth Street and Cypress Avenue on Lots 17, 18 and remainder of Lots 19 and 20, Block 37, Virginia Beach Development Corporation. Said parcel contains 26,136 square feet. VIRGINIA BEACH BOROUGH. The following ocnditon shall be required: 1. Screening is to be provided adjacent to the residential uses. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of February, Nineteen Hundred and Eighty-seven. - 18 - Item IV-F.l.d. (b) PUBLIC HEARING PLANNING ITEM # 26846 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy N. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober STA OF CONSENT APPLICANTS: U. S. Fiberglass Products, Inc. and Porpoise Enterprises, a Virginia General Partnership APPLICATION: Conditional Use Pemit DESCRIPrION: Sale of Sailing and Wave Riding Boards, Equipment and Accessories CITY COUNCIL SESSION: February 9, 1987 TRE UNDERSIGNED OWNER OR LEGAL. REPRESENTATIVE FOR THE OMER, (or Agent for the Owner), HAS REVIEWED 'llie CONDITIONS FOR APPROVAL (RE)QUIREMENTS) REOOMMENDED BY THE VIRGINIA BEACH PIMNING 00144ISSION To THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACRION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIFCINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. Screening is to be provided adjacent to the residential uses. owner By: Date: - 19 - Item IV-F.l.e. PUBLIC HEARING PLANNING BY CONSENT ITEM # 26846 Alfred Mundy, the applicant, represented himself and agreed to the additional conditions requested by City Council Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council ADOPTED an Ordinance upon application of A. STANLEY MUNDY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF A. STANLEY 14UNDY CO., FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (GOLF DRIVING RANGE) R02871017 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of A. Stanley Mundy Co, for a Conditional Use Permit for a Recreational Facility of an Outdoor Nature (golf driving range) on Parcels 466 and 466A located on the west side of South Birdneck Road, 370 feet south of Beautiful Street. Said parcel contains 11-375 acres. Plats with more detailed information are available in the Depatment of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. An 18-foot right-of-way dedication along South Birdneck Road to provide for a four-lane divided highway with a bikeway per the Master Street and Highway Plan. 2. Reorientation of tee area so that shots will be aimed to the southwest away from the residential area. 3. Hours of oderation shall be from 8:00 A.M. to Sunset, 7 days a week. 4. The two adjacent cemeteries shall be protected @y a fence. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of February, Nineteen Hundred and Eighty-seven. - 20 - Item IV-F.I.e PUBLIC HEARING PLANNING ITEM # 26847 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober - 21 - Item IV-F.l.g. PUBLIC HEARING PLANNING BY CONSENT ITEM # 26848 Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council APPROVED an Ordinance upon application of SOTIRIOS A. AND MARTHA KARAGEORGE for a Change of Zoning: ORDINANCE UPON APPLICATION OF SOTIRIOS A. AND MARTHA KARAGEORGE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO I-1 Z02871137 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon appiication of Sotirios A. and Martha Karageorge for a Change of Zoning District Classification from B-2 Community-Business District to I-I Light Industrial District on the east side of Chestnut Avenue, 530 feet more or less south of Bonney Road on Lot 1A, Lots 1-14, Parts of Lots 15, 16 and 17, Lots 29-35, Block C, Plat of Rosemont. Said parcels contain 1.77 acres. LYNNHAVEN BOROUGH This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of February, Nineteen Hundred and Eighty@aeven. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert 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: Harold Heischober - 22 - ltem IV-F.2.a. PUBLIC HEARING PLANNING ITEM # 26849 Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council DENIED an Oridnance appointing viewers in the petition of PACIFIC ASSOCIATFS CORPORATION for the Closure of a portion of an alley between 4th Street and 5th Street. All that certain parcel of property lying, situate and being in the Beach Borough of the City of Virginia Beach, Virginia, as shown on that certain "PLAT OF THE OCEAN LOT INVESTMENT COMPANY, VIRGINIA BEACH, VIRGINIA," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 6, and with reference to said plat, being more particularly described as follows: THAT CERTAIN portion of an Alley 15 feet in width, lying esat of Pacific Avenue in Block 8, as shown on the "PLAT OF THE OCEAN LOT INVESTMENT COMPANY, VIRGINIA BEACH, VIRGINIA," between 4th Street to the south and 5th Street to the North, beginning at a point located at the intersection of the Eastern right-of-way line of Pacific Avenue and the Northern right-of- way line of the 151 Alley, thence from said point of beginning North 83 Degrees 101 0011 west a distance of 50-00 feet along the northern right- of-way line of the 151 Alley to a point at the southeastern corner of Lot 6, in Block 8; thence South 06 Degrees 50' 00" east a distance of 15 feet to a point at the northeastern corner of Lot 12, in Block 8; thence South 83 Degrees 101 0011 east a distance of 50-00 feet along the southern right- of-way line of the 151 Alley to the point of intersection with the eastern right-of-way line of Pacific Avenue; thence north 06 Degrees 50' 00" west a distance of 15 feet along the eastern right-of-way line of Pacific Avenue to the point of beginning. Councilman Fentress advised this closure of the subject alley would result in considerable public inconvenience as this very property will be needed for construction of the new span of the Rudee Inlet Bridge. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert 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: Harold Heischober - 23 - Item IV-F.2.b. PUBLIC HFARING PLANNING ITEM # 26850 Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City Council ADOPTED an Ordinance upon application of KEMPSVIIJE LAKE # 1 PARTNERSHIP AND MICHAEL S. MALBON for a Change of Zoning: ORDINANCE UPON APPLICATION OF KEMPSVILLE LAKE # 1 PARTERNSHIP AND MICHAEL S. MALBON FOR A CHANGE OF ZONING DISTRICT CLASIFFICATION FROM R-8 TO PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT Z02871138 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEKCH, VIRGINIA Ordinance upon application of Kemspville Lake #1 Partnership and Michael S. Malbon for a Change of Zoning District Classification from H-8 Residential District to PD-H2 Planned Unit Development District as a modification to Ocean Lakes Land Use Plan on property located at 895 Old Dam Neck Road. Said parcel contains 2.419 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Councilwoman McClanan requested the record reflect that her MOTION was soley in response to the portion of settlement in the litigation between R. G. Moore Building Corporation and the City of Virginia Beach. This portion required RECONSIDERATION of this application for a change of zoning originally made by Kemspville Lake Partnership No. 1 and Michael S. Malbon and previously DENIED on April 14, 1986. Councilwoman McClanan advised her action did not set a precedent for this area other than that contained in the COMPREHENSIVE PLAN. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert 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: Harold Heischober - 24 - Item IV-F.2.c. PUBLIC HEARING PLANNING ITEM # 26851 Upon motion by Councilwoman Henley, seconded by Councilman Balko, City Council DEFERRED six weeks until the City Council Meeting of March 23, 1987, RECONSIDERATION of the Reservation approved October 14, 1985 in the application of STEVEN H. DAVIDSON for a Conditional Use Permit for a single-family dwelling. ORDINANCE UPON APPLICATION OF STEVEN H. DAVIDSON FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY DWELLING R01085787 Ordinance upon application of Steven H. Davidson for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District on property located on the east side of Princess Anne Road, 1056 feet south of Pungo Ferry Road. Said parcel is located at 686 Princess Anne Road and contains 13 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. This Ordinance was ADOPTED on October 14, 1985. The following condition will be RECONSIDERED: 1. A reservation of right-of-way thru this parcel to provide for an ultimate 94-foot right-of-way for Princess Anne Road Relocated in accordance with the Master Street and Highway Plan and the "Princess Anne Road at Pungo Ferry Road" preliminary alignment on file in the City Engineer's Office. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert 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: Harold Heischober - 25 - Item IV-F.2.d. PUBLIC HEARING PLANNING ITEM # 26852 The following spoke in support of a BAN on BILLBOARDS: Bartow H. "Pat" Bridges, Chairman of the Virginia Beach Tomorrow Steering Committee Attorney Kay McNett, Southern Enviornmental Law Center in Charlottesville, Virginia, presented copies of her testimony to City Council (Said copy is hereby made a part of the record). Rae H. LeSesne, represented himself Lou Pace, represented himself and advised the Hunt Club Forest Civic League and the Courthouse Sandbridge Civic Coalition had voted unanimously in support of the BAN of Billboards. The following spoke in OPPOSITION to said Ordinance: Thomas Flounders, Chairman of the Hampton Roads Chamber of Commerce, read a prepared statement. (Said statement is hereby made a part of the record). Laura Zambardi, Vice President of Adams Outdoor Advertising, advised a survey of 300 people had been commissioned which indicated by the individual responses that the citizens were not in OPPOSITION to BILLBOARDS. Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council ADOPTED, AS AMENDED*: Ordinance to AMEND and REORDAIN Article 1, Section 111; Article 2, Sections 210, 216; Article 9, Sections 911, 921, 931; and, Article 10, Section 1001 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, pertaining to Billboards. Line 78 shall be AMENDED by deleting the words "is authorized toll and inserting the words "may" before the word "contain" and "any" after the word "Contain" to read: .... Any sign authorized by this chapter te may contain any lawful noncomerical copy ..." The following verbage shall be inserted on line 149: "No Billboard heretofore erected shall be permitted to remain upon improved property." - 26 - ltem IV-F.2.d. PUBLIC REARING PLANNING ITEM # 26852 (Continued) Voting: 7-3 Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, Mayor Robert Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. Baum, Robert E. Fentress and John L. Perry Council Members Absent: Harold Heischober 26a 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 111 210, 216, 911, 921, 3 931, AND 100i OF THE COMPREHENSIVE 4 ZONING ORDINANCE OF THE CITY OF 5 VIRGINIA BEACH, VIRGINIA, 6 PERTAINING TO BILLBOARDS. 7 8 9 WHEREAS, the City Council of the City of Virginia Beach 10 (hereinafter the "Council") is interested in taking all steps 11 necessary to make public highways and streets within the City 12 safer for both vehicles and pedestrians; and 13 WHEREAS, the Council intends to make its public streets 14 and highways as aesthetically pleasing as may be done, both for 15 the benefit of the residents of the City of Virginia Beach and 16 for visitors who visit the City of Virginia Beach; and 17 WHEREAS, the Council strongly believes that it should 18 take all reasonable steps necessary to attract tourists to the 19 City of Virginia Beach; and 20 WHEREAS, the Council finds that billboards and related 21 outdoor off-site advertising structures constitute traffic 22 hazards to vehicles using the public streets and highways and to 23 pedestrians who cross the streets and highways, and who also use 24 the sidewalks adjoining said streets and highways; and 25 WHEREAS, the Council further finds that billboards are 26 not aesthetically pleasing and, in fact, are so aesthetically 27 displeasing that exercise of the police powers granted to the 28 Council is called for; and 29 WHEREAS, the Council further finds that a future 30 proliferation of billboards could render the City of Virginia 31 Beach so displeasing as to diminish the attractiveness of the 32 City to tourists, which constitutes a substantial portion of the 33 industry of the City of Virginia Beach; and 34 WHEREAS, the Council believes that all of the above 35 concerns constitute substantial governmental interests to which 36 the Council may address itself pursuant to its police power; and 37 38 WHEREAS, the Council believes that by the banning of 39 all new billboards and related outdoor advertising structures, 40 the significant governmental interests enumerated above will be 41 directly advanced; and 42 WHEREAS, the Council believes that banning new 43 billboards and related outdoor advertising structures within the 44 City is the least restrictive method by which the substantial 45 governmental interests enumerated above may be achieve4; and 46 WHEREAS, the Council expressly states that it has no 47 interests in favoring commercial speech over noncommercial speech 48 and has no intention of doing so by these Ordinances; 49 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 50 THE CITY OF VIRGINIA BEACH, VIRGINIA: 51 That Sections 111, 210, 216, 911, 921, 931, 1001, of 52 the Comprehensive zoning ordinance of the City of Virginia Beach, 53 Virginia, are hereby amended and reordained to read as follows; 54 55 Section 111. Definitions. 56 ... 57 Billboards. A sign, as defined in this zoning code, 58 including the supporting sign structure, which advertises or 59 directs the attention of the general public to an establishment, 60 business or service and which is located on a separate site from 61 the establishment, business or service which the billboard 62 advertises. 63 regulate-the-@+,"-t--of-@ 64 content-@-@-message--i@-@@-abseene-@ @-legally 65 prohibited-. 66 ... 67 68 Section 210. General regulations. 69 In any zoning district the following general 70 regulations shall apply as well as regulations in the statewide 71 building code. Any sign authorized by this chapter may contain 72 any lawful noncommercial copy in lieu of any other copy. In the 2 73 case of on-gite business signs, only the party actually occupying 74 the on-site business may use the signs to express a noncommercial 75 message. 76 77 Section 216. Outdoor advertising structures, billboards, 78 signboards and poster panels. 79 eti r--ad-v --&rtd 80 signbeards-may-be-erected-only-on-unimproved-prol5erty-within-B-27 81 1 - i 7 - -&rtd - -P-2- -t-hart- - speci: i -ic 82 regd-l@@r- as as @@ent-3--ef--t-his 83 ordinance7-are-complied-witht 84 fatt No- --or 85 86 87 grade7-'On-@@ @r--eit-Y-COUnC" 88 designated-exptessway-fmeasured-aieng-the-highwaY7 89 interstate-@ @@-of 90 @-at 91 the-exit-from-or-entranee-to-the-metin-travel-w&yt-r 92 i-&ing 93 StrUCtdre7-billboard-or-signbeard-shall-be-located 94 within-+-wo- @f--arty-right-cf-way 95 of-tt-ny- ttikaervm@,- 96 151aza-serving-sdeh-facilityT 97 fbt @&I+-be 98 closer-than eet--t@@-p@@-i-i:ne 99 nor--l 660t 100 feet-to-the-right-of-way-line-of-any-interstate-or 101 102 than-twenty-.f 103 104 3:eea+ed--w!ithin--t-wo- -@--any 105 es-t@-@tted--res-i @arl--@r--a:par-t -@kitg 106 distriett 3 107 fet No-two-fit-outdoor-advertising-strdetures-shall-be 108 spaced--le-s-s- tikeit feet--aparrt--on 109 any-+ri -desi:gnated 110 @@@-may ill be-required-sd@ect-to-the-distriet-regulationsT 112 fdt E)Utdoer- -BL&Y 113 be-@@ @-doubl:e-f-aced-@-"-bi-13:board 114 shall- at-@@@-panels 115 per-face-and-shall-not-exceed-in-aggregate-a-total 116 117 No-sign-shall-exceed-fifty-fSOt-feet-in-lengthT 118 fet &7 119 signbeardsT-,&f-f@-i-t@@ -&rid-poster 120 121 -@@-erected 122 123 d--@y--t-he 124 governing-body-and-delineated-on-the-map-entitiedT 125 "-t-r e e t s - if ek v 126 r e c a r d e d - tTu ne- -7-, - 127 eOdnCi+7-as-amendedT 128 The--f@-l@"- 129 expt 130 r-i-et-ions-, --@rthhampten 131 Boa-1 --fi-h,&r@-Brive 132 tieelt -Road7 133 Vi-rgini:a- 134 Gen@@-- 135 Sandb-r-id@-Roa,&7--Pal-se-@-@-k@,--12ynnhaven 136 137 Indian-River-RoadT 138 No new billboards can be erected within the city 139 limits, effective immediately. All existing billboards are 140 declared to be nonconforming uses and structures and shall be 141 governed by the provisions of sections 105 and 215 of the zoning 4 142 ordinance of the city of Virginia Beach. No billboard heretofor 143 erected shall be permitted to remain upon improved property. 144 145 Section 911. Use regulations. 146 ... 147 fl2t edtdoor- --bii1/2boetrdS7 148 signbearde-and-poster-panels-shall-be-allowed 149 150 r e gd-i@@ - 151 s e @-i@ - @l-+ - 152 -t-i@@ - 9 i: g n 153 shall-exceed- -t-30&)-@ttar,&-feet 154 of-strface-areat 155 .(12) f 3:Bt Public utility storage or maintenance 156 installations; 157 .(13) fl4l Radio and television broadcasting 158 stations and line-of-sight relay devices; 159 (14) fist Recreational and amusement facilities 160 of an outdoor nature, which may be partially 161 or temporarily enclosed on a seasonal basis 162 with approval of city council, provided 163 that,in the development of such properties, 164 safeguards are provided to preserve and 165 protect the existing character of adjacent 166 properties, except that riding academies and 167 recreational campgrounds shall not be allowed 168 as a conditional use or otherwise. 169 170 Section 921. Use Regulations. 171 ... 172 (c) Conditional uses and structures: All of the 173 conditional uses and structures permitted in the 174 B-2 Community-Business District, and in addition, 175 wholesaling and distributing operations in 176 conjunction with retail establishments, excluding 5 177 outside storage, subject to compliance with the 178 provisions of part C of article 2 hereof; provided 179 that the following uses shall not be allowed as a 180 conditional use or otherwise; 181 (1) Automobile repair establishments, except that 182 establishments dealing exclusively in minor 183 repairs of the type provided at automobile 184 service stations shall be allowed as a 185 conditional use. 186 (2) Bulk storage yards and building contractors' 187 yards; 188 (3) Commercial recreational facilities such as 189 amusement arcades; 190 (4) Mobile home sales; 191 fst edtdoor- --bilibeards7 192 signboards-and-poster-paneisT 193 194 Section 931. Use regulations. 195 ... 196 (c) Conditional uses and structures: 197 (1) All of the conditional uses and structures 198 permitted in the B-2 Community Business 199 District, subject to compliance with the 200 provisions of part C of article 2 hereof; 201 provided, however, that the following uses 202 shall not be allowed as a conditional use or 203 otherwise: 204 (i) Bulk storage yards and building 205 contractors' yards; 206 (ii) Mobile home sales; 207 f 208 bilibeard97- 209 peneist 210 (2) Dormitories for marine pilots; 6 211 (3) Homes for the aged, disabled or handicapped, 212 including convalescent or nursing homes; 213 maternity homes; day care centers, other than 214 those covered under permitted principal uses 215 and structures hereinabove, when not operated 216 by a public agency; 217 (4) Home occupations; 218 (5) Marinas, including facilities for storage and 219 repair of boats and sale of boating supplies 220 and fuel. 221 222 Section 1001. Use regulations. 223 ... 224 tOt 8UtCl6Or- --biiiboardS7 225 signbearde-and-poster-panele-shall-be-allowed 226 227 regulations-,of- @@@@-2--artd-section 228 1004-hereef-are-met-and-further-provided-that 229 230 hundred-fS@Ot-square-feet-of-surface-atrea,- 231 (8) f @)- Public s c h o o 1 s , colleges and 232 universities, and private schools, colleges 233 and universities having similar academic 234 curriculums; 235 (9) flot Public utility transformer stations and 236 major transmission lines and towers (fifty 237 thousand (50,000) volts or more); 238 (10) f @i:t Radio or television transmission and 239 relay stations; 240 (11) ti:-2t Recreational facilities of an outdoor 241 nature, which may be partially or temporarily 242 enclosed on a seasonal basis with approval of 243 city council, except that riding academies 244 and recreational campgrounds shall not be 245 allowed as a conditional use or otherwise; 7 246 (12) fi-31 Recreational facilities other than 247 those of an outdoor nature. 248 Adopted by the Council of the City of Virginia Beach, 249 Virginia, on the 9th day of February 1987. 250 KJC/lmt 251 10/29/86 252 01/23/87 253 02/10/87 254 CA-86-02032 255 (ordin\proposed\Ollletc.czo) 8 - 27 - Item IV-G. CONSENT AGENDA ITEM # 26853 Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council APPROVFD in ONE MOTION Items 1, 2, 3, 4, 5, 6 and 7 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council imembers Voting Nay: None Council Members Abstaining: Councilwoman Nancy K. Parker ABSTAINED on Item IV-G-3 of the CONSENT AGENDA as she is a Member of the Clean Community Commission. Council Members Absent: Harold ieischober - 28 - Item IV-G.1 CONSENT AGENDA ITEM # 26854 Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council ADOPTED: Ordinance granting a franchise to Sandcastle Motel, Inc. 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. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert 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: Harold Heischober 28a - z o 7 j- z 0 AN ORDINANCE GRANTING A FRANCHISE TO SANDCASTLE MOTEL, INC. u 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 HEREIN WHEREAS, the City has adopted regulations for the operation of open air cafe's on public property along the boardwalk and on stub street parks; and WHEREAS, Sandcastle Motel, Inc. has submitted an application for the operation of an open air/boardwalk cafe' and has paid the application fee; and WHEREAS, the representations made in the application comply with the aforementioned regulations; and WHEREAS, City Council has been advised by the office of the City Manager that the proposed cafe' would have no detrimental effects on the public health, safety, welfare, or interest. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a Franchise is hereby granted to Sandcastle Motel, Inc. to operate an open air/boardwalk cafe' at 14th Street and Atlantic Avenue, Virginia Beach, Virginia, 23451, from May 1, 1987, to April 30, 1988, and that the City Manager is hereby authorized and directed to execute a Franchise Agreement with the Franchisee, conditioned on provision by the Franchisee and acceptance by the City of an approved final site plan, liability insurance coverage, a surety bond, the applicable Franchise fee, and on such other conditions as are required by the aforementioned regulations and the Franchise Agreement. This ordinance shall be effective upon the date of its adoption. Adopted this 9 day of lebruary, 1987, by the Council of the City of Virginia Beach, Virginia. RMB/dga 1/22/87 - 29 - Item IV-G.2 a.- m. CONSENT AGENDA ITEM # 26855 Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize the acquisition of real property, easements, either by agreement or by condemnation, for the following Water and Sewer CIP Projects: Bayside/Diamond Springs Road - CIP 5-981 Credle Road - CIP 5-997 Indian Lakes Boulevard - CIP 5-978 Kempsville Suction-Phase II - CIP 5-939 Newtown Road - CIP 5-979 Hawkins Lane - CIP 5-306 Sandbridge Road - CIP 5-712 Small Line Improvements-Contract 10 - CIP 5-304 Southern Points - CIP 5-011 Lakeview Park - CIP 5-021 Lakeview Park - CIP 6-932 Elizabeth River Shores - CIP 6-929 Croatan Beach - CIP 6-933 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Heriley, Mayor Robert 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: Harold Hei-schober AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT DR CONDEMNATION, FOR BAYSIDE/DIAMOND SPRINGS ROAD CIP 5-981 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinian of the Council of the City of Virginia'Beach, a public necessity exists for the expansion of this important project and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people of the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to 1115.1-236 et seg. 1125-46.1 et seg., Code of Virginia of 1?50, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown on that plan entitled: "Proposed Construction of Bayside/Diamond Springs Road Project, ClP 5-1?81, Buck, Seifert & Jost, Engineers, Virginia Beach, Virginia", these plans to be filed in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney i5 hereby authorized to make, or cause to be made, on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to owners or per5on5 having an interest in 5aid lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virgini@ Beach, Virginia, on the day of February ....... lg__87---. DONEGA.L D i[RN 9 TH HDLCO!.is Pi HAP.,%ESS CT CIICF.@,@--l CT BAYSIDE/DIAMOND SPRINGS ROAD _CT ows C, CIP 5-981 A Ix AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR CREDLE ROAD CIP 5-997 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this important project and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people of the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to lfl5.1-236 et seg. jr25-46.1 et seg., Code of Virginia of 1950, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown an that plan entitled: "Proposed Construction of Credle Road Project, CIP 5-997, Buck, Seifert & Jost, Engineers, Virginia Beach, Virginia", these plans to be filed in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, an behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. 9 Adapted by the Council of the City of Virginia Beach, Virginia, on the ------ day of FebruaEy ....... 19_87----. SIN !S AVE HRIESHEW HIO 'AD .1 0 Seatack No 1 2 RAtBIRD n OR 6T- T LA DRY LA Owls Creek ER RO .,,,,CISAI, SALry MA . EDLE ROAD CIP 5-997 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR INDIAN LAKES BOULEVARD CIP 5-978 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this important project and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people of the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to 1115.1-236 et seg. 1125-46.1 et seg., Code of Virginia of 1950, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown on that plan entitled: "Proposed Construction of Indian Lakes Boulevard Project, CIP 5-978, Patton, Harris, Rust & Associates,, Engineers, Virginia Beach, Virginia", these plans to be filed in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the -9 day of --- jg_- 87 --. pswille ows Parks & Recreation% Dept Parks & HALIFAX DR CLIFFONY OR 3. CALGARY CY 4. CHESSINGTDN CT 5. CANISBAY-CT-- INDIAN LAKES BOULEVARD CIP 5-978 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR KEMPSVILLE, SUCTION - PHASE 11 WATER PROJECT CIP 5-939 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this important project and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people of the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to 1115.1-236 et seci. 1125-46.1 et sea., Code of Virginia of 1950, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown an that plan entitled: "Proposed Construction of Kempsville Suction, Phase II Water Project Project, CIP 5-939, John E. Sirine & Associates, Ltd., Engineers, Virginia Beach, Virginia", these plans to be filed in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the --gth- day cf _- February____, lg_-87___. EEN@ RO clilflo @NUI 51 OUGH I SOUTIE@fls Vofl,,Oix . r- MA..- N ONWOGA RO LMAV GC EATON CT OUNDERBALE CY AMBOY Cr ASHFOirrH CT CLAIRMONT CT Dit D DERKI Doti, KEMPSVILLE SUCTION PHASE CIP 5-939 ii ir AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR NEWTOWN ROAD WATER PROJECT CIP 5-979 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this important project and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people of the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to 1115.1-236 et seg. 1125-46.1 et seg., Code of Virginia of 1950, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown on that plan entitled: "Proposed Construction of Newtown Road Water Project, CIP 5- 979, Patton, Harris & Rust, Engineers, Virginia Beach, Virginia", these plans to be filed in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to owner5 or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the _gth__ day of February 87 19 mo I HOLCOMB Pt 2 HARNESS CT 3 COACHMAN CT CT illia vis vi ot nter for T- L:arnin;t IL;a DeV 10 M t Ce NEWTOWN ROAD CIP 5-979 SOVTVt,9N IVUn.rULA AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR HAWKINS LANE WATER PROJECT CIP 5-306 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH; WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this important project and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people of the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to iII5.1-236 et seg. 1125-46.1 et seg., Code of Virginia of 1950, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown an that plan entitled: "Proposed Construction of Hawkins Lane Water Project, CIP 5- 306, Patton, Harris & Rust, Engineers, Virginia Beach, Virginia", these plans to be filed in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, on behalf of the City of Virginia Beach, to the extent that fund5 are available, a reasonable offer to owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of _February ------ 19 87 -------- -------- I HOLCOMB Pi 2 HARNESS Cl 3 COACHNI.AN Cl HA14KINS LA Ms 4 A vis F. HAWKINS LANE CIP 5-306 I-BLV- AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR SANDBRIDGE ROAD WATER PROJECT CIP 6--712 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this important project and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morais and for the welfare of the people of the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to 1[15.1-236 et seg. 1125-46.1 et seg., Code of Virginia of 1950, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown on that plan entitled: "Proposed Construction of Sandbridge Road Water Project, CIP 5-712, Baldwin & Gregg, Ltd., Engineers, Norfolk, Virginia", these plans to be filed in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section E. The City Attorney is hereby authorized to make, or cause to be made, an behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of _ February 19 87 ------------- ------- ------- ------- ------- I I I I I I q SANDBRIDGE ROAD ClIP 5-712 I AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR SMALL LINE IMPROVEMENTS - CONTRACT 10 CIP 5-304 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion af the Council of the City of Virginia Beach, a public necessity exists for the expansion of this important project and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, fnoral5 and for the welfare of the people of the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to 1115.1-236 et seg.1125-46.1 et seg., Code of Virginia of 1950, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown on that plan entitled: "Proposed Construction of Small Line Improvements - Contract 10, CIP 5-304, Buck, Seifert & Jost, Engineers, Virginia Beach, Virginia", these plans to be filed in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, on behalf of the City of Virginia Beach, to the extent that funds are available, a reasanable offer to owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. 9th Adopted by the Council of the City of Virginia Beach, Virginia, on the ------ day c)f ... February lg__87 --------- ----- sv JHS CT LVL SMALL LINE IMPROVEMENTS, CONTRACT 10 CIP 5-304 ST LIT'-cE CREE ----------- ------------ ----------- ------------ 3RD GAL PR SMALL LINE IT-IPROVEMENTS, 2 CONTRACT 10 CIP 5-304 owhid- INE IMPROVEM 10 niversity ndon JHS4 LINE IMPROVEMENTS, ACT 10 CIP 5-304 ANI ept IHALIFAX OR 2. CLIFFONY OR 3. CALGARY CT 4. CHESSINGYON CT 5. CANISBAY CT 6. COATBRIOGE CT 7. CANNICH CT S. CORNFIELD CT 9. CHILWORTH CT' 10. COWBRIOE CT ii. CHIRNSIDE CT 12. HEATHROW OR 13. CRAWLEY CIR 14. COLDINGHAM CT CT ISH CT Stumpy Lake GC z City of Norfolk ESTINY CT SMALL LINE IMPROVEMENTS, CONTRACT 10 CIP 5-304 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR SOUTHERN POINTS WATER PROJECT CIP 5-011 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this important project and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people of the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to 1115.1-236 et seg.1125-46.1 et seg., Code of Virginia of 1950, as amended, all the real property, permanent easefnents, temporary construction easements as needed, in fee simple, as shown on that plan entitled: "Proposed Construction of Southern Points Water Project, CIP 5-011," these plans to be filed in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, an behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of _February ...... 19_87----. SOUTHERN POINTS CIP 5-011 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR LAKEVIEW PARK SEWER AND WATER PROJECT CIP 6-532 & CIP 5-021 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exi5ts for the expansion of this important project and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people of the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to 1115.1-236 et seg. 1125-46.1 et seg., Code of Virginia of 11?50, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown on that plan entitled: "Proposed Construction of Lakeview Park Sewer and Water Project, CIP 6-932 & CIP 5-021, Wiley & Wilson, Architects, Engineers, Virginia Beach, Virginia", these plans to be filed in the Department of Public Utilities, Municipal Center, City Df Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, an behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adapted by the Council of the City of Virginia Beach, Virginia, an the c).th... day of l@,aH:E ...... lg_-87___. PTAIN HOLCOMB PL HARNESS CT 3. COACHMAN CT ci LAKEV:@'q PARK CIP 5-C21 'u CIP 6-932 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR ELIZABETH RIVER SHORES SANITARY SEWER PROJECT CIP 6-929 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this important project and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people of the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to 1[15.1-236 et seg. 1125-46.1 et sea., Code of Virginia of 1950, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown on that plan entitled: "Proposed Construction of Elizabeth River Shores Sanitary Sewer Project, CIP 6-929, Baldwin & Gregg, Ltd. Engineers, Norfolk, Virginia", these plans to be filed in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, on behalf of the City of Virginia Beach, to the extent that funds are available, a rea5onable offer to owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of lg-- 87 ,IA ow ea all" 'ER p KN( ON Unive ity ELIZABETH RIVER SHORES CIP 6-929 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR CROATAN BEACH SANITARY SEWER PROJECT CIP 6-933 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this important project and for public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, rnorals and for the welfare of the people of the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to 1[15.1-236 et seg. 1125-46.1 et seg., Code of Virginia of 1950, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown on that plan entitled: "Proposed Construction of Croatan Beach Sanitary Sewer Project, CIP 6-933, Buck, Seifert & Jost, Engineers, Virginia Beach, Virginia", these plans to be filed in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, on behalf of the City of Virginia Beach, to the extent that funds are availab.le, a reasonable offer to owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the _9th day of February ------ 19--87 LORETTA zTE RO RANT RD NET OSE ILANDING81 RAiBIRD - - - - - - - - - - Owls Creek 0 n IB USN CROATAN BEACH CIP 6-933 - 30 - Item IV-G.3. CONSENT AGENDA ITEM # 26856 Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council ADOPTED upon SECOND READING: Ordinance to appropriate $2,900 from the Division of Litter Control for the Clean Community Program and increase revenue from the Commonwealth by a like amount. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Councilwoman Nancy K. Parker ABSTAINED as she is a Member of the Clean Community Commission. Council Members Absent: Harold Heischober - 30a - AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $2,900 FROM THE DIVISION OF Li = R CONTROL FOR THE CLEAN CO@I7Y PROGRAM WHEREAS, the City Council of Virginia Beach, Virginia recognizes the existence of the litter problem within the City, and WHEREAS,' the Litter Control Act of 1976 provides the Department of Conservation and Economic Development, Division of Litter Control, grants for the purpose of enhancing local litter control programs, and WHEREAS, the Virginia Beach Clean Community Program is in its ninth year of funding under this program, and WHEREAS, the Division of Litter Control has awarded the City an additional $2,900 for the fiscal year 1986-87 for the purposes stated below: 03302 Public Relations and Publicity $ 2,200 03403 Photographic Services 400 05201 Postage 300 $ 2,900 NOW TIIEREFORE BE IT ORDAINED BY TI[E COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA that funds in the amount of $2,900 be appropriated for an expansion of the Clean Community Program within the City, and BE IT FUR'N[ER ORDAINED that revenue from the Commonwealth be increased by $2,900. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Ninth day of Fphrilgry 198 7 First Reading: February 2, 1987 February 9, 1987 F,-IT Second Reading: CSR/CLEANORD - 31 - Item IV-G.4 CONSENT AGENDA ITEM # 26857 Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council ADOPTED, upon SECOND READING: Ordinance to appropriate $70,000 for the lease/purchase of a motor grader for the Public Works Department. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert 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: Harold Heischober - 31a - AN ORDINANCE TO APPROPRIATE @70,000 FOR THE LEASE/PURCHASE OF A MOTOR GRADER FOR THE PUBLIC WORKS DEPARTMENT WHEREAS, the City of Virginia Beach in order to maintain the health, safety and welfare of its citizens provides refuse colleciion and disposal services, and WHEREAS, the Department of Public Works, Bureau of Refuse Disposal 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 access to the landfill, daily maintenance of the roadways into and out of the landfill is necessary, a-nd WHEREAS, the present motor grader utilized for this operation is inoperable and can not be repaired and there is an immediate need for replacement at an estimated cost of $70,000, and WHEREAS, funding for the purchase can be provided from the proceeds of a lease/purchase agreement, and WHEREAS, under the Southeastern Public Service Authority (SPSA) Ash and Residue Contract, SPSA will reimburse the City for the lease/purchase of any capital equipment associated with landfill operations. NOW, TI[EREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $70,000 are to be appropriated for the Public Works operating budget from estimated revenue from capital outlay proceeds, for the lease/purchase of a motor grader to provide continued access to the landfill. 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 Ninth day of February 198@7 First Reading: February 2, 1987 February 9, 1987 Second Reading: - 32 - Item IV-G.5. CONSENT AGENDA ITEM # 26858 Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council APPROVED: RAFFLE PERMIT: K. B. H. Men's Club Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert 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: Harold Heischober - 33 - Item IV-G.6. CONSENT AGENDA ITEM # 26859 Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council ADOPTED: Ordinance Authorizing Admission Tax Refunds upon application of certain persons and upon certification of the Commissioner of the Revenue in the amount of $53-91. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert 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: Harold Heischober 33a FOFIM NO. C@A. 8 REV 3M AN ORDINANCE AUTHORIZING LICEp4SE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE Crry OF VIRGINIA BEACH, VIRGINIA: Admi n s p Tax That the followingapplications for)DKOMKs,.iuon s, upon certification of the Commissioner of the Revenue are hereby approved: NAME Date xpgwx lmx Total Paid Frank Wood 1/29/87 53.91 Rt. 2 Box 52-A Carrollton, VA 23314 Certified as to Payment: Robert P. Vaughan@ Commissioner of the Revenue Approved as to Dale Bimso'n 61.,'ty Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling @g; -4 91 were approved by the Council of the City of Virginia Beach on the 9 day of February .19 87 Ruth Hodges Smith City Clerk - 34 - Item IV-G.7. CONSENT AGENDA TTFII # 26860 Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council ADOPTED: Ordinances authorizing License Refunds in the amount of $5,859.73 upon application of certain persons and upon certification of the Commissoienr of the Revenue. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober 34a FOOM NO. C.A I REV. 3M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applirations for license@ refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME Ucense Date Base Penalty lnt. Total Year Paid Farm Fresh, Inc.. T/A Farm Fresh #951 P. 0. Box 1289 Norfolk, VA 23501 1986 11/19/86 2,.150.00 2,150.00 Farm Fresh, Inc. T/A Farm Fresh #'952. P. 0. Box 1289 Norfolk, VA 23501 1986 11/19/86 2,150.00 2,150.00 Grubb, Marvin L., etai T/A B & C Auto Wholesale 220 N. Witchduck Road Va. Beach, VA 23462 1986 Audit 465.20 465.20 Certified as to Payment: @obert P. Vaughin Commissioner of the Revenue City Aftomey This ordinance shall be effective from date of adoption. The above abateme.nt(s) totaling-$ 4 , 7 6 5 . 2 0were approved by the Council 9th February 87 of the City of Virginia Beach on the day of 19 - Ruth Hodges Smith City Clerk J4b FORM NO. C.A. 0 REV. &U AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: Ucense Date NAME Year Paid Base Penafty lnt. Total Lon Idon Bridge Machine & wbiding Co., Inc. P. 0. Box 3239 Va. Beach, VA 23453 1986 Audit 303.62 303.62 overhead Door Co. of Norfolk 213 Beck Street Norfolk, VA 23464 1985 Audit 736.12 736.12 Triple Q Enterprises, Inc. T/A Courtesy Hardware P. 0. Box 5144 Va. BeAch, VA 23455 1984/86 Audit 54.79 54.79 Certified as to Payment: @obert P. Vau han g Commissioner of the Re@enue Approved as to form: J. Dale Bimson City Aftomey This ordinance shall be effective from date of adoption. The above abatement(s) totaling- $ 1 , 0 9 45 3 were approved by the Council 9th FEbruary 87 of the City of Virginia Beach on the- day of '19 - Ruth Hodges Smith City Clerk - 3 5 - Item IV-H.l. UNFINISHED BUSINESS ITF14 # 26861 ADD-ON The City Clerk advised, for the record, Mr. A. Andrew Ege has replaced Mr. Gunter on the SCHOOL SITE SELECTION COMMITTEE. - 36 - Item IV-H.2. UNFINISHED BUSINESS ITEM # 26862 ADD-ON The Mayor ANNOUNCED BY CONSENSUS the City Council had decided NOT to purchase the property on the Beach Front at 24th Street. The residents might wish to be bring this matter before the City Council relative the possibility of placing same on a REFERENDUM in November; however, City Council has been led to believe by the owner of the aforementioned property that he desires to dispose of it one way or another well before that date. - 37 - Item IV-H.3- UNFINISHED BUSINESS ADD-ON ITEM # 26863 Councilwoman Henley referenced the Meeting of the TIDEWATER TRANSPORTATON DISTRICT COMMISSION this Wednesday, February 11, 1987. One of the items on the AGENDA will be the acceptance of the response to the recommendations contained in the Report of the SPECIAL COMMITTEE FOR TRANSPORTATION SERVICES FOR THE ELDERLY AND HANDICAPPED. Each of these twenty-three items has been extensively discussed and a determination made concerning how service might be improved to the Elderly and the Handicapped thus overcoming some of the concerns expressed. The E & H Services Committee will meet periodically with the Special Committee for Transporation to review these proposals and make sure service is improving. Councilwoman Henley advised the hours of operation shall be extended and as of July First of this year, SPECIAL TRANSPORTATION service will increase to the hours of 6:00 A.M. to 8:00 P.M., 7 days a week including the addition of service on Sunday and holiday service will be from 8:00 A.M. to 10:00 P.M. This aforementioned hour of 10:00 P.M. will probably be extended on Weekends, if there is a demand for same. Councilwoman Ilenley referenced the subsidization of the transit services of the agencies. Federal Funds may no longer be utilized for this purpose and these funds will be needed from the Cities whether it is at 20% or 40% (as the Committee recommended), or whether it is through TRT or directly to the agencies. This requires direction by City Council. Councilwoman Henley further referenced the installing of two-way radios in all vans. There is an existing system which will be maintained appropriately, however, all of this is to be replaced with new equipment in 1988 when Capital Funding is underway. Councilwoman Henley again advised the item in the greatest dispute was whether to equip all buses, trolleys, et cetera, with wheelcair lifts. Each City is to provide direction. BY CONSENSUS, City Council agreed concerns should be addressed to upgrading the SPECIAL TRANSPORTATION SERVICFS (STS) Services and NOT equipping the main line buses with wheelchair lifts. Councilwoman Henley said the Handicapped Community had expressed some dissatisfaction with this proposal. - 3 - Item IV-H.4 UNFINISHFD BUSINESS ITEM # 26864 ADD-ON Councilman Fentress advised City Council MISS AMERICA will be in Virginia Beach March 16-18 and requested a schedule be arranged to honor her on March 16, 1987. The City Clerk was advised to contact the MISS AMERICA attendant. - 39 - Item IV-H-5 UNFINISHED BUSINESS ITEM # 26865 ADD-ON Councilwoman Parker advised, with reference to the the HMP COMMITTEE, there were three (3) main premises reiterated by the PLANNING DEPARTMENT: (1) If City Council wishes to forward something to the Planning Commission for their recommendation, and needs this recommendation immediately, City Council should earmark same as an EMERGENCY. Advertising regulations do not not always allow the Planning Commission to handle a request as expeditiously as they might wish. If it is earmarked EMERGENCY, the Planning Commission shall attempt to work same into their AGENDA. (2) Relative the occurance of changes or substantial changes on a particular Planning item, the Planning Commission also has concerns relative whether said item should be returned to the Planning Commission. (3) Ground rules should be formulated. Proferred conditions should be submitted with the application to the Planning Department, NOT at the Podium during the Meetings of the Planning Commission or the City Council. The Planning Commission recommended sometime between March 15 30, City Council review the entire document during one particular session. CONDITIONAL ZONING will be discussed as well as zero lot lines, small lot lines, et cetera. A DRAFT will be available for review and discussion. Councilwoman Henley advised there were five (5) subcommittees of the Planning Commission which were each working on various components of the CZO revision. Each of these 5 subcommittes should make a presentation to City Council relative the reasons for their particular recommendations. The HMP COMMITTEE will SCHEDULE the WORKSHOP relative the CZO. - 40 - Item IV-I.1 NEW BUSINESS ITal # 26866 ADD-ON BY CONSENSUS, City Council Reserved the date of September 28, 1987, for their participation in the Annual VIRGINIA MUNICIPAL LEAGUE MEETING to be held in Alexandria. Determination of this date, whether to CANCEL or RESCHEDULE will be made at a later date. (Reference: Section 2-20 of the Code of the City of Virginia Beach: Time and place of regular meetings.) - 41 - Item IV-1.2 NEW BUSINESS REDWING LAKE HYDPAULIC STUDY ITEM # 26867 Due to inadequacy of time, this item was CARRIED FORWARD from the City Manager's Briefings. Donald Trueblood, Chief Engineer, in conjuction with John Fowler, Project Engineer on the MASTER STORMWATER PLAN, advised the purpose of the REDWING LAKE HYDRAULIC STUDY was to evaluate the entire WATERSHED with specific emphasis on lake rise and flooding impacts and a primary concern is the environmental and water quality aspects of REDWING LAKE and the entire Back Bay Estaury. The Consulant, Camp, Dresser and Mckee, considered seven (7) different alternatives : 1. Upgrade Culverts on Dam Neck Road between Redwing and Brinson's Inlet Lake.* 2. Improve the Channel between Redwing and Brinson's Inlet Lake. 3. Construct a New Channel to Divert Redwing South to the Northern end of Existing Canal No. 1 at Old Dam Neck Road. 4. Divert the James and Malbon Swamp Channel Flows to Canal No. 1 and away from Lake Redwing. 5. Analyze Additional on-site storage detention capability upstream of Redwing Lake. 6. Increase the Channel Sections and Cross Sections of James and Malbon Swamp Systems. 7. Evaluate feasibility of maintaining a Flood Plain adjacent to Redwing Lake as a non-structural alternative (Natural System Protection Alternative). Alernatives 3, 4, 5, 6, Upstream Storage, Channelization or Diversion of James and Malbon Swamps or Connection of Redwing to Canal No. 1, provided no significant results in lowering Peak Lake Levels on a 50-Year Design. Alternatives 1 and 2 - Increase the Culvert at Dam Neck Road and Improve the Channel to Binson's Inlet Lake does provide Hydraulic Benefits but at high cost both finanically and environmentally. In light of current issues it is unlikely a Corps Permit could be obtained. Alternative 7, the Non-Structural Solution, is recommended by the Consultant and supported by the City Staff. Implementation will result in good Watershed Mangement techniques which assure excellent Best Mangement Practices and Good Land Use Planning. *NOTE: "Lake Tecumseh" was renamed "Brinson's Inlet Lake" by City Council Resolution on June 16, 1986. - 42 - Item IV-I.2 NEW BUSINESS REDWING LAKE HYDRANIC STUDY ITEM # 26867 (Continued) Donald Trueblood reiterated the following IMPACTS: 1 . Implementation requires protection of the Flood Plain to Elevation 5.0 (MSL). This Elevation although arrived at for Lake Rise due to 100-Year rainfall also approximates the Flood Plain already established by HUD for 100-Year Tidal Flooding in this Watershed. 2. Protection of this area means no filling or construction should be allowed in this area and staff has recommended an amendment to the Flood Plain Ordinance to include this Watershed. 3. Three major impacts of land now under consideration for development will be impacted as follows: PARCEL 1: Redwing Lake Subdivison Next to Dam Neck Navy Base Total Parcel Area = 144 acres Area below Elevation 5.0 = 87.4 acres "Land" Area below elevation 5.0 = 58.5 acres Land Below Elevation 5.0 shown to be developed approximately 21.0 acres involving approximately 107 lots. The Navy has an option to purchase this parcel. The option expires in April. However, per conversation with Navy by our Real Estate Division, the Navy will renew option for one year, and subject to updating plans to purchase the parcel to act as a Buffer for Base. PARCEL 2: Total Area: 197 acres Area Below Elevation 5.0: 91.73 acres. Parcel is presently being ocnsidered for rezoning from AG-1 and AG-2 to R-5 PARCEL 3: Total Area: 78.89 acres Area Below Eelvation 5.0: 8.26 acres Presently Zoned Apartments Donald Trueblood advised the Staff was recommending ADOPTION of the REDWING LAKE REMEDIAL ACTION PLAN to preserve the Flood Plain around the lake below Elevation 5.0. The coverage of the Flood Plain Ordinance should be extended to include this area which would make its boundaries (General Booth - Birdneck and the Atlantic Ocean, approximatley). Around Redwing Lake not only extend the present Flood Plain Ordinance coverage to the Area but also disallow permanent structures and all filling whether mitigated or unmitigated. The City Staff will determine the quality of the water in Brinson's Inlet Lake as per the request of City Council. - 43 - Item IV-J.1 ADJOURNMENT ITEM # 26868 Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED the Meeting at 4:15 P.M- Beverly 0. Hooks Chief Deputy City Clerk Rilth HodgesSmith, CMC City Clerk City of Virginia Beach Virginia