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JANUARY 20, 1987 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. JONES, A, L.,g, VICE MAYOR MEYERA E OBERNI)ORF, Al L.,, A@ERT W. BA@0, L,@@h.-@ @..,h JOHN A BAUM, ROBER7 E FLNTRLSS, V,,i@i@ B,@h @@,h HAROLL) HEISCHOBER, Al L,,, BAP,BARA " HENLEY, P@@, B,@,h REBA S. M,CLANAN, P@-,,, A@@, B,@,h JOHN 1) MOSS, K,@,@ll, B,-gh VIRGINIA BEACH CITY IL NANCY K PARKER, Al @,, jOliN L. PERRY, B.,i& &,..,h 281 C@ HALL BUILDING MUNICIPAL CENTER RU'I'H HOLX@ESSMITli, CMC, Ci,, Cl-k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-.02 (804) 427-4303 January 20, 1987 ITEM I. SPECIAL EXECUTIVE SESSION - Conference Rom - 9-30 Am A. ROLL CALL OF CITY COUNCIL ITEM II. COUNCIL CONF SESSION - Conference Rom - 12:00 Pm A. CITY COUNCIL CONCERNS ITEM III. INFORMAL SESSION: - Conference Rom - 12:30 PM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. CITY MANAGER BRIEFING 1. Peview: Listing of Items Pending before the Planning Comission 2. Staff Presentation: The New Enviro@ntal Office 3. TRT - Randicapped Services D. MOTION TO RECESS INTO EXECUR@ SESSION ITEti IV. EIO@ SESSION: - Council rs - 2:00 PM A. INVOCATION: @verend Williain C. Taylor, Jr. Princess Anne Plaza United Methodist Church B. PLEDGE OF ALLEGIANCE TO TBE FLAG OF THE UNITED STATES OF AMERICA C. ELECIRONIC ROLL CALL OF CITY COUNCIL D. ADOPRION OF ITEMS FOR THE Fo@ AGENDA E. MINUTES 1. INFORMAL & F'OPMAL SESSIONS.- January 12, 1987 F. PUBLIC HEARItc 1. ING a. Ordinanc(, for the discontinuance, closure and abandonmnt of a portion of Old @lorfolk/Virginia Beach Road in the petition of Maureen Mot ol@ese (Lynnhaven Borough). City Council GRANTED EXTENSIot4 of tim on October 20, 1986. Recomendation: TWO WEEK DEFERRAL b. ordinance for tlie discontinuance, closure and abandonment of a portion of Broad Street in the petition of George Loizou, Andreas Loizou and Efthymios Loizou (Bayside Borough). This item was DEFERRED for 60 days on November 17, 1986. Recomendation: DENIAL for Non-Conpliance c. Application of Richard A. and Carolyn J. Gendron for a Conditional Use Perrnit for a hcm for the aged located at 1453 Salem Rc)ad, containing 2 acres, south of Salem @s Road (Keinpsville Borough). P,ec@ndation: APPROVAL d. Application of Investors Service Corporation for a Chanqe of Zoning frcm A-1 Apartment District to B-2 Ccmmunit@Business District located on the southwest corner of Kempsville Road at 5301 through 5311 Canterford Lane, (Lots 26 through 31, Carriage Mill) containing 14,180 square feet (Kenpsville Borough). Roccumndation: APPROVAL e. A_pplication of Grady A. and Sandra G. Wilson for a variance to Section 4.4(b) of the Subdivision Ordinance, which requires lot dimensions conform to the CoTnprehensive Zoning ordinance on property located on the east side of @@stC>Ck RDad, 570 feet more or less south of oak Terrace Drive (Kenpsville Borough). Reccinmendation: DENIAL G. CONSENT AGENDA All matters 1-isted under the Consent M_enda ar(@ considered in the ordinary course of business by City Council. and will be enacted by one motion in the forin listed. If an item is removed frcm the Consent Agenda, it will be, discussed and voted upon separately. 1. Ordinance to amnd and reordain Section 111 of the Camprehensive Zoning ordinance of the City of Virginia Beach, Virginia, by REPEALING the Definition of a Day Care Center and creating de.finitions for a F@ly Day Care Hcm and Child Care Center. 2. Ordinance to amend and reordain Section 21-371 of the City Code of the City of Virginia Beach, Virginia: Parking In Spaces Reserved for Handicapped Persons. 3. ordinance authorizing the City Manager to execute a deed of vacation and quitclaim between the City of Virginia @-ach and Outlet Mall Properties, a Virginia General. Partnership. 4. Ordinance to authorize a tenwrary encroachnent into a portion of the ri.ghts-of-way of Southern Boulevard and Freight Lane to James M. Fischer, Jr., his heirs, assigns and successors in title. 5. RAFFLE PER4ITS: Back Bay Wildfowl Guild Independence Lions Knights of Col @ us #4632 Old Dcminion Aquatic Club H. APPOI@ 25T'H ANNIVERSARY CELEBRATION OC)MMITREE CONSTITLTfION DAY M,24ITrEE I. UNFINISHED BUSINESS 1. Waiver request for on-site perimeter curbing and right-of-way improvernents, Mid-Atlantic Marine, on property owned by the ocean Park Volunteer Fire and Rescue Unit, Inc., a Virginia Non-Profit Corporation. J. NEW BUSINESS K. AW Item IV-E-3 MINUTFS ITF14 26799 Upon motion by Councilwoman Parker, seconded by Councilman Baum, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SFSSIONS of January 20, 1987, as CORRECTED. Item IV-G.1, CONSENT AGENDA, ITEM # 26774, Page 31 Ordinance to amend and reordain Section 111 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, by REPEALING the Definition of a Day Care Center and creating definitions for a Family Day Care Home and Child Care Genter. This item was "ADOPTED" by City Council: As same is an amendment to the Compreliensive Zoning Ordinance, action should have been to refer same to the Planning Commission. This item therefore has been returned to the AGENDA of February 2, 1987 for City Council's consideration. The SUMMARY OF COUNCIL ACTIONS of January 20, 1987, shall also be corrected relative this item. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 20, 1987 The SPECIAL EXECUTIVE SESSION of the VIRGINIA BEACH CITI COUNCIL was called to order by Vice Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Tuesday, January 20, 1987, at 9:30 A.M. Council Members Present: Albert W. Balko, Robert E. Fentress, Barbara M. Henley, Vice Mayor Meyera E. Oberndorf, Reba S. McClanan, John D. Moss, Nancy K. Parker, and John L. Perry Council Members Absent: Mayor Robert G. Jones (ENTERED: 9:40 A.M.) Councilman John A. Baum (ENTERED: 9:40 A.M.) Councilman Haorld Heischober (ENTERED: 9:40 A.M.) - 2 - Item I.A. ITEM # 26740 The MAYOR'S LETTER stating the purpose of the SPECIAL SESSION was read by the City Clerk: " In accordance with City Code Section 2-21, and by the authority vested in me, I hereby call a SPECIAL EXECUTIVE SESSION for a legal matter related to Lake Gaston and personnel matters which may be necessary to be held at 9:30 AM, Tuesday, January 20, 1987, in the Conference Room, City Hall, Municipal Center, Virginia Beach, Virginia." s/Robert G. Jones Mayor Legal Matters related to the litigation of R. G. Moore Building Corporation for the dedication of a school site were also discussed. ROBERT G. JONES MUNICIPAL CENTER MAYOR VIRGINIA BEACH, VIRGINIA 23456-9002 (804) 427-4581 January 15, 1987 HONORABLE MEMBERS OF CITY COUNCIL In accocdance with City Code Section 2-21 and by the authority vested in me, I hereby call a SPECIAL EXECUTIVE SESSION for a legal matter related to Lake Gaston and personnel matters which may be necessacy to be held at 9:30 Am, Tuesday, Januacy 20, 1987, in the Confecence Room, City Hall, Municipal Center, Virginia Beach, Vicginia. Respectfully, RGJ/bc cc: Thomas H. Muehlenbeck, City manager J. Dale Bimson, City Attorney Ruth Hc>dges Smith, CMC, City Clerk Pam Lingle, Director of Public Information Virginia Beach City Council Received Notice Councilman Albert W. Balko Councilman John A. ]3aum Councilman Robert E. Fentress Councilman Harold Heischober Councilwoman Barbara M. Henley Councilwoman Reba S. McClanan Councilman John D. Moss Vice Mayor Meyera E. Oberndorf Counciliioman Nancy K. Parker Councilman John L. Perry - 3 - ITEM # 26741 Vice Mayor Oberndorf 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. LBGAL 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 @'entress, City Council voted to proceed into EXECUTIVE SESSION. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum, Harold Heischober and Mayor Robert G. Jones - 4 - ITEM # 26742 The CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Tuesday, January 20, 1987, at 12:20 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf, Reba S. McClanan, John D. Moss, Nancy K. Parker, and John L. Perry Council Members Absent: None - 5 - M A T T E R S B Y M A Y 0 R ITEM # 26743 The Mayor distributed a revised LIST OF COUNCIL PRIORITIES concerning the Calendar Year 1987. This list has been modified with the addition of several items which have been submitted in writing by some Council Members. The Mayor requested City Council reflect upon this LIST OF COUNCIL PRIORITIES to determine which items seemed to have the highest priority. This will enable City Council to formulate some strategies. ITEM # 26744 The Mayor distributed a copy of a letter dated January 9, 1987, from GA/PARTNERS, INCORPORATED relative the PANEL ADVISORY SERVICE by ULI (THE URBAN LAND INSTITUTE). Said Letter consisted of an outline of a process to assemble a panel of experts from ULI to spend a concentrated week of study in Virginia Beach, so as to advise the City concerning impacts of the SOUTHEASTERN EXPRESSWAY on property along that corridor. (Said letter is hereby made a part of the record). - 6 - C I T Y C 0 U N C I L C 0 N C E R N S (Continued) ITEM # 26745 Vice Mayor Oberndorf referenced the letter from the URBAN LAND INSTITUTE and inquired as to whether other firms would be allowed to compete concerning advising the City relative the impacts of the Southeastern Expressway along its corridor and appropriate measures for managing these impacts over the period ahead. The City Manager believed THE URBAN LAND INSTITUTE was a sole source supplier for this particular type of study as had been determined by the City Attorney's Office when same was being utilized for a study of the OCEANFRONT. ITEM # 26746 Councilman Fentress with reference to the LIST OF COUNCIL PRIORITIES and the revision to the COMPREHENSIVE PLAN, advised the BEACH BOROUGH with regard to the age of and the many discrepancies existing, be examined as well along with the Courthouse-Sandbridge Study Area and the Pungo-Blackwater Study Area. The Mayor advised he had included this under ITEM 13 of said revisions to the LIST OF COUNCIL PRIORITIFS. The Mayor will reinsert this under Revisions to Comprehensive Plan as Item c. Councilwoman McClanan advised the Planning Department should constantly be in the process of updating a portion of the COMPREHENSIVE PLAN. The COURTHOUSE- SANDBRIDGE STUDY AREA should be of priority consideration. A SCHEDULE should be devised so that each year two of the sections or whatever amount reasonable be revised; thereby, always revising a portion of the COMPREHENSIVE PLAN. State Law requires the COMPREHENSIVE PLAN be revised every five years, but the City should be doing far more than required by the State. Councilman Baum advised one of the City's problems has always been the conflict between the Tourists and the native residents. Vice Mayor Oberndorf referenced the GOMPRERENSIVE ZONING ORDINANCE and advised the NORTH END VIRGINIA BEACII CIVIC LEAGUE would like to rekindle their concern and have the HMP (Eenley, McClanan, Parker) COMMITTEE investigate the possibility of coverage of the lots, the homes being too wide and too high on these tiny parcels of land. Vice Mayor Oberndorf requested they place all concerns in writing. This will be added to the list of items under concern by the HMP COMMITTEE. Councilman Perry again reiterated his concerns relative changing the zonings in certain TARGET AREAS. - 17 - C I T Y C 0 U N C I L C 0 N C E R N S (Continued) ITEM # 26747 Councilman Fentress referenced State Assumption of the Juvenile Court Service Unit. In view of the staff recommendations and being aware of the opinions of the Juvenile Court Judges, Councilman Fentress requested same be WITHDRAWN this year but reviewed again in 1987. ITEM # 26748 Councilman Balko referenced Judge Spain's recent order for release of an inmate from a state mental institution. This individual was responsible for the death of a resident in Councilman Balkols neighborhood as well as injuries to other citizens. As many concerns exist in Councilman Balkols neighborhood, he requested some action be taken, if at all possible. ITEM # 26749 Councilman Moss referenced a Resolution directing the Planning Commission to consider and make the recommendation concerning a Proposal to eliminate the usage of reduced required side yards. This Resolution was ADOPTED at the City Council Meeting of November 24, 1986. The Planning Commission was to forward its recommendation to the City Council within fifty (50) days. This item will be discussed under the CITY MANAGER'S BRIEFINGS relative the Items Pending before the Planning Commi8sion. ITEM # 26750 Councilwoman Henley referenced a telephone call from Helen McDonald, Secretary of the SANDBRIDGE BEACH RESTORATION ASSOCIATION, concerning legislation being proposed in the General Assembly relative funding $2 MILLION for sand replenishment to those beaches which are considered public as of July First. The City Manager advised legislation is to be introduced but will be awaiting the City Council's action concerning the City matching the $2 MILLION in funds for Sand Replenishment. Counclman Moss requested discussion prior to a Resolution of this nature being placed on the City Council's AGENDA. ITEM # 26751 Councilman Perry referenced several telephone calls relative residents of Lakeside Road receiving letters from the City requiring them within 60 days to connect to the City Sewerage. These people are frightened and there should be a clearing house whereby there is some descrimination made on the basis of age. The same letter to a thirty year-old vs. a sixty year-old would have a different connotation. - 8 - C I T Y C 0 U N C I L C 0 N C E R N S (Continued) ITEM # 26752 Councilman Fentress referenced the ITEMS PENDING list submitted by the City Clerk and requested a Member of City Council review same with the City Clerk and City Manager to update and perhaps dispense with same, if not serving a purpose. ITEM # 26753 Councilman Fentress and Councilwoman McClanan also requested clarification of the two week vacation of City Council SCHEDULED for the latter two w,ek, in July. Staff perhaps should determine and SCHEDULE said vacation wh,, th, City does not appear to be so busy and staff does not require City Council's attendance. - 9 - ITEM # 26754 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Tuesday, January 20, 1987, at 12:50 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 10 - c I T Y M A N A G E R tS B R I E F I N G S ITEM # 26755 The City Manger advised the City Staff will be meeting Saturday morning, January 24, 1987, examining a LIST OF COUNCIL PRIORITIES generated by the last three City Council Meetings, and the VIRGINIA BKACH TOMORROW study. The Staff will begin to repriortize same. On February 5, 1987, the City Staff will be meeting all day to determine final recommendations. - 11 - C I T Y M A N A G E R tS B R I E F I N G ITEMS PENDING BEFORE THE PLANNING COMMISSION ITEM # 26756 Robert J. Scott, Director of Planning, briefed City Council concerning the update of the COMPREHENSIVE ZONING ORDINANCE and the PLANNING COMMISSION'S ACTIONS. Robert Scott referenced a list of items under consideration by the Planning Commission in their current effort to update the COMPREHENSIVE ZONING ORDINANCE and a list of items that the Planning Commission has been working on for some time. Said list is further broken down into those items upon which action has already been taken, those pending before City Council and those to be addressed in conjunction with the RAAC, as well as those items still under consideration by the Planning Commission or which have been rejected. (Said lists are hereby made apart of the record). A Subcomittee of the RESORT ARI&A ADVISORY COMMISSION and the PLANNING COMMISSION has been endeavoring to devise a proposed Ordinance that when ADOPTED would replace some of the zoning districts now existing in this particular area. The following items are either under consideration by the Planning Commission as part of this project or have already been considered and rejected having little or no merit: Review of 0-1 and B-1 Buffering Requirements - The Planning Commission will consider ALL Buffering requirements. H.R.S.D Plan - This is directly related to a major force main that runs through the City south of the Green Line. Cooperative Council - PC Program with School Board - This relates to adequacy of schools with regard to rezoning applications. Eliminate Apartments from 0-1 and B-1 - The Planning Commission will pursue as they do not feel there is need for residential accomodations in said district. Eliminate R-9 District - There is a great deal of property within the City zoned R-9. The Planning Commission does not intend to pursue this particular item. Density of 9 units per acre is allowed within this category and only allows only one type of zoning, townhouses. Establish R-8 only for Existing Established Neighborhoods - The Comprehensive Plan will serve as a guide. Eliminate Multi-Family in B-3 - All of the commercial districts are to be examined and upon examination of same, this zoning might be recommended for exclusion. Mini-Warehouses - Stronger regulations are needed and some have been drafted and will be considered by the Planning Commission. Review All Use Permits - This is a vast topic and in some of the districts being examined, particularly the commercial and office districts there is a desire to restruture some of these districts. Junkyards vs Auto Repair - The regulations need to be redrawn concerning same. General Format - Changes to CZO - This format shall be redone. Zero Lot Line - This topic needs to be expanded to include setbacks (primarily front yard), lot size, and possibly the number of units in townhouse projects allowed in a row. For certain density areas, it might be riecessary to increase the right-of-way width of the Street. Larger setbacks might be required in cases where these abut major arterials in the rear. Gas Station Standards - Still under consideration by the Planning Commission. - 12 - G I T Y M A N A G E R IS B R I E F I N G ITEMS PENDING BEFORE THE PLANNING COw4ISSION ITEM # 26756 (Continued) Elderly Housing Height and Density Requirements in B-4 and B-5 - Still under consideration by the Planning Commission Parking Space Ratio for Office and Commercial Use - Still under consideration by the Planning Commission Back Bay Management Plan - Still under consideration by the Planning Commission. Vice Mayor Oberndorf referenced the item related to the Cooperative Council - Planning Commission Program with School Board. Vice Mayor Oberndorf would like City Council to consider having someone with authority representing the School Board or their administration be present at each rezoning application. This would eliminate any lack of communication relative rezonings as they pertain to the School System. The Planning Commission has requested all additional concerns by Council Members be submitted by February 1, 1987. - 13 - C I T Y M A N A G E R IS B R I E F I N G TIIE NEW ENVIRONMENTAL OFFICE ITEM # 26757 Lee Hedberg, Office of Research and Strategic Analysis, presented information relative the new Environmental Office. An Environmental Quality Task Force was established to provide recommendations to the City Manager regarding environmental management. The current Operating Budget provides a reserve for the creation of an environmental quality function. (Copy of said report is hereby made apart of the record) The Task Force has been assigned the responsibilities of: 1. Defining the issues. 2. Documenting the existing environmental management system. 3. Developing goals and objectives for the proposed environmetnal function. 4. Identifying alternative approaches to accomplishing those goals, including systems used by other localities. 5. Recommending the best approach for Virginia Beach, including additional staff and/or relocation for existing staff. Nine environmental issues were identified: Shoreline Protection Erosion and Sedimentation Control Tree Protection Aesthetics and Visual Pollution Noise Pollution Environmental Restoration Air Standards Water Quality Issues affecting the General Health of the Community Three basic types of organizational structures are generally used to address environmental issues: Environmental Task Force Environmental Department Environmental Coordinator After reviewing the options, the Staff concluded the Environmental Coordinator approach would provide the best benefits to the City. A recommendation for this position has been established under the Deputy City Manager. Mr. Hedberg reiterated the goals of the Environmental Coordinator: 1. Provide communication between the community and the City government, to illustrate the City's commitment to environmebntal issues. 2. Formulate and, if apropriate, direct necesary environmental programs not provided for or fragmented within the current organization. 3. To represent the City's interests in State-level and regional environmental efforts. 4. Provide a central source of information concerning environmetnal issues, technology, and legislation for Council, staff and citizens. 5. Coordinate preparation of environmental studies, including the coordination of implementation of appropriate recommendations of existing completed studies. 6. Develop and implement an environmental strategic plan. - 14 - C I T Y M A N A G E R IS B R I E F I N G THE NEW ENVIRONMENTAL OFFICE ITEM # 26757 (Continued) An Oceanographer or Coastal Scientist under the Deputy City Manager has also been recommended for establishment. Goals of this particular position include: 1. Coordination of public beach erosion, restoration and protection efforts. 2. Coordinate the hurricane protection plan developed by the Army's Corps of Engineers. 3. Address other shoreline issues. - 1 5 - C IT Y MANA GE R ' S B R I E F IN G S TRT - HANDICAPPED SERVICES ITEM # 26758 Jack Whitney, Chief of Comprehensive Planning, provided recommendations concerning the issues of continuing subsidization of social service organizations' transportation needs and whether or not the City should support the recommendations of the Special Committee for Transportation Services for the Elderly and Handicapped to equip fleet buses with wheelchair lifts. For the past year, the TIDEWATER TRANSPORATION DISTRICT COMMISSION, has been reviewing the services which they provide to the elderly and the handicapped. An eighteen (18) Member Committee was formed in an atternpt to review certain problem areas. This Committee delivered a report containing 23 recommendations. This report was referred to another committee composed of three TTDC Commissioners for their review. The Executive Director also reviewed same. As a result of recent changes in Federal Transportation funding regulations, TTDC can no longer utilize Federal operating assistance funds to subsidize (through discounts) contract service to social service organizations. Previously, these funds were used to discount transportation costs to the contracting agencies by 20%. In Virginia Beach, this equated to approximately $53,000 per year. Due to the unique but restrictive nature of the client population served by each agency, these services can no longer meet the Federal non-descrimination requirement that all persons physically unable to use regular bus service be allowed to use these contract services. Federal law now requires that TTDC set policies, service levels and fares. Therefore, since Federal funds can no longer be applied to this purpose, TTDC is advising the localities that, should the 20% subsidies be continued, local funds would have to be applied. The report for the Special Committee for Transporation Services for the Elderly and Handicapped recommends that the subsidy continue and be increased to 40%. Jack @Thitney outlined four (4) Options: 1. Discontinue the subsidies altogether and apply the funds to expansion of the general special transportation services, the door-to-door para- transit van service. 2. Advise TTDC that the City wishes to continue a 20% subsidy for the social service organizations' transportation prograins using local funds "passed through" TRT. 3. Advise TTDC that the City wishes to continue a subsidy of transportaton services funded directly by the City to the agencies at a level of discount to be determined by the City Council and administered locally. 4. Advise TTDC that the City wishes to continue subsidization at an increased rate of 40% as recommended in the Special Committee report. Jack Whitney advised that local funds must be used if transporation subsidies to social service organizations are to continue. Option #1 would be unacceptable, Option #2 status quo; and Option #3 and #4 represent enhancements. Jack Whitney advised in his Memorandum that TTDC should be advised that the City does not support wheelchair lifts on the fixed-route fleet as funds can be more effectively used and would provide better service to a larger number of elderly and handicapped persons by enhancing the existing door-to-door service. - 16 - ITEM # 26759 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, perfornance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 1 7 - F ORM A L S E S S ION VTRGINIA BEACH CITY COUNCTL January 20, 1987 2:00 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, January 20, 1987 at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Reverend William C. Taylor, Jr. Princess Anne Plaza United Methodist Church PLEDGE OF ALLEGIANGE TO THE FLAG OF THE UNITED STATES OF AMERICA - 18 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item IV-D.1 ITEM # 26760 Councilwoman Parker referenced an Ordinance to amend and reordain Section 111 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, by REPEALING the Definition of a Day Care Center and creating definitions for a Family Day Care Home and Child Care Center and an Ordinance to amend and reordain Section 21-371 of the City Code of the City of Virginia Beach, Virginia: Parking In Spaces Reserved for Handicapped Persons. (See Item IV-G.1 and IV-G.2 of the CONSENT AGENDA). Councilwoman Parker had inquiries concerning same. Relative the Day Care Genter, Councilwoman Parker inquired as to whether this meant no more than 7 children at any one time at this particular residence and does this mean within a twenty-four hour period. Councilwoman Parker referencd the phraseology "Minimum penalty for violation $25" may be posted on an accompanying sign. Said verbage was contained within the Ordinance to amend Section 21-371 of the City Code related to Handicapped Parking. The words "may bell were utilized in the event same was not posted. Item IV-D.2 ITEM # 26761 Councilman Fentress advised he wished to sponsor Maurice Jackson and Sheldon Corner to speak concerning a Parcel of property at 24th Street and Atlantic Avenue. This item will be an ADD-ON under NEW BUSINESS. Item IV-D.3 ITEM # 26762 Councilwoman McClanan referenced an Ordinance upon application of KEMPSVILLE LAKE #1 PARTNERSHIP and MICHAEL S. MALBON for a Change of Zoning from R-8 to PD-H2. This Ordinance was DENIED on April 14, 1986. Councilwoman McClanan requested this Ordinance be an ADD-ON under NEW BUSINESS for RECONSIDERATION. Item IV-D-4 ITEM # 26763 Councilman Perry advised he wished to sponsor Colonel Bob Engesser to speak. This item will be an ADD-ON under NEW BUSINESS. ITEM # 26764 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. - 19 - Item IV-E.1 MINUTES ITEM # 26765 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of January 12, 1987, as AMENDED. Councilwoman McClanan referenced Page 37, Item #26729, REAPPOINTMENTS to the FRANCIS LAND HOUSE BOARD OF GOVERNORS. Admiral Richard Rumble should be listed for a three (3) Year Term from January 1, 1987 - December 31, 1989. Admiral Rumble should be also listed on the SUMKARY OF COUNCIL ACTIONS. Councilwoman McClanan referenced Page 39a, ITEM #26730, Priortization of Beaches in the City of Virginia Beach for Nourishment. The Chart showing the priortization of the Beaches does not reflect the action of City Council although the written MINUTES do. Councilwoman McClanan requested the REVISED Chart be made a part of the MINUTES of January 12, 1987. A copy of said Chart is also made a part of these proceedings. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 10 0 72 0 'S & t 0 v it -a: ES .- x- (5 '2 e 0 m - cs C.)- r- (X 2 N v I m f - 20 - Item IV-F.l.a-9 PTJBLIC HFARING PLANNING ITFIA # 26766 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING a. MAUREEN MOTTOLESE STREET CLOSURE b. GEORGE LOIZOU, ANDREAS LOIZOU STREET CLOSURE AND EFTHYMIOS LOIZOU c. RICHARD A. AND CAROLYN J. GENDRON CONDITIONAL USE PERMIT d. INVESTORS SERVICE CORPORATION CHANGE OF ZONING e. GRADY A. AND SANDRA G. WILSON VARIANCE - 21 - Item IV-F.l. PUBLIC HEARING PLANNING ITEM # 26767 Attorney R. J. Nutter represented the applicant and requested a DEFERRAL as review process relating to the plats has not been completed. Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council DEFERRED for two weeks until the City Council Meeting of February 2, 1987, an Ordinance upon application of 14AUREEN MOTTOLESE for the discontinuance, closure and abandonment of a portion of Old Norfolk/Virginia Beach Road. Application of Maureen M. Mottolese for the discontinuance, closure and abandonment of a portion of Old Norfolk-Virginia Beach Road beginning on the west side of Little Neck Road and running in a westerly direction a distance of 236.87 feet. Said parcel varies in width from 41-93 feet to 30 feet and contains 10,410-84 square feet. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 22 - Item IV-F.l.b. PUBLIC HEARING PLANNING ITEM # 26768 Attorney Roger Griffin represented the applicant and requested DEFERRAL as there was a disagreement over the format of the plat. Said disagreement has now been resolved and a new plat must be executed. All the property owners must sign the subdivision plat. Wilfred P. Large, Surveyor, also represented the applicant Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council DEFERRED for thirty (30) days for Compliance of Conditions until a City Council Session on February 23, 1987, an Ordinance for the discontinuance, closure and abandonment of a portion of Broad Street in the petition of GEORGE LOIZOU, ANDREAS LOIZOU AND EFTHYMIOS LOIZOU. If conditions have not been complied with by this time, the Street Closure will be DENIED. Application of George Loizou, Andreas Loizou and Efthymios Loizou for the discontinuance, closure and abandonment of a portion of Broad Street beginning at the southeast corner of Broad Street and Pennsylvania Avenue and running in an easterly direction a distance of 250 feet to the southwest corner of Broad Street and Southgate Avenue. Said parcel is 60 feet in width and contains 15,000 square feet. BAYSIDE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None PUBLIC HEARING PLANNING ITEM # 26769 William Burnside represented the applicant, distributed photographs and a rendition of the proposed building. Carolyn J. Gendron, the applicant, presented herself and advised the monthly rental would amount to $511.00. The rent would entail their Social Security check with the balance supplemented by the State welfare funds. Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of RICHARD A. AND CAROLYN J. GENDRON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RICHARD A. AND CAROLYN J. GENDRON FOR A CONDITIONAL USE PERMIT FOR A HOME FOR THE AGED R01871007 BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CTTY OF VTRGINIA BEACH, VIRGINIA Ordinance upon application of Richard A. and Carolyn J. Gendron for a Conditional Use Permit for a home for the aged on the west side of Salem Road, 381-14 feet south of Salem Woods Road. Said parcel is located at 1453 Salem Road and contains 2 acres. plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. A variable dedication of right-of-way along Salem Road, 57.5 feet from the centerline. 2. There shall be no more than twenty-five (25) residents permitted. 3. Residents shall not have cars on the premises. Van Service shall be provided by the operators of the facility. - 23 - Item IV-F.l.c PUBLIC HEARING PLANNING IT@ # 26769 William Burnside represented the applicant, distributed photographs and a rendition of the proposed building. Carolyn J. Gendron, the applicant, presented herself and advised the monthly rental would amount to $511.00. The rent would entail their Social Security check with the balance supplemented by the State welfare funds. Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of RICHARD A. AND CAROLYN J. GENDRON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RICHARD A. AND CAROLYN J. GENDRON FOR A CONDITIONAL USE PERMIT FOR A HOME FOR THE AGED R01871007 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Richard A. and Carolyn J. Gendron for a Conditional Use Permit for a home for the aged on the west side of Salem Road, 381-14 feet south of Salem Woods Road. Said parcel is located at 1453 Salem Road and contains 2 acres. plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. A variable dedication of right-of-way along Salem Road, 57.5 feet from the centerline. 2. There shall be no more than twenty-five (25) residents permitted. 3. Residents shall not have cars on the premises. Van Service shall be provided by the operators of the facility. 4. The Building shall be a two-story Colonial Structure, brick and frame, conforming to the design as depicted on the plan presented to City Council on January 20, 1987. 5. The building shall not be closer than 140 feet from the future right-of-way of Salem Road. - 24 - Item IV-F.l.c PUBLIC HEARING PLANNING ITEM # 26769 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth day of Januarv. Nineteen Hundred and Eighty-seven. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 25 - Item IV-F.l.d. PUBLIC HEARING PLANNING ITEM # 26770 Attorney Jim Evans represented the applicant and presented executed Deed Restrictions (Copy of same is hereby made a part of the record). A MOTION was made by Councilman Moss, seconded by Vice Mayor Oberndorf, to DENY an Ordinance upon application of Investors Service Corporation for a Change of ZonipL from A-1 Apartment District to B-2 Community-Business District located on the southwest corner of Kempsville Road at 5301 through 5311 Canterford Lane, (Lots 26 through 31, Carriage Mill) containing 14,180 square feet (Kempsville Borough). A SUBSTITUTE MOTION was made by Councilman Baum, seconded by Councilman Perry to ADOPT an Ordinance upon application of Investors Service Corporation for a Change of Zoni@ from A-1 Apartment District to Distpig-t to 0-1 Office Ditrict (AS MODIFIED) located on the southwest corner of Kempsville Road at 5301 through 5311 Canterford Lane, (Lots 26 through 31, Carriage Mill) containing 14,180 square feet (Kempsville Borough). Voting: 5-6 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Reba S. McClanan and John L. Perry Council Members Voting Nay: Albert W. Balko, Barbara M. Henley,* Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None "Verbal Nay (VOTING BOARD NAME PLATES HAD BEEN REVERSED. SAME WAS GORRERTED AFTER THIS VOTE. COUNCIL MEMBERS' BALKO AND BAUMTS NAMES HAD BEEN INADVERTENTLY INTERCHANGED.) - 26 - Item IV-F.l.d. PUBLIC HEARING PLANNING ITh@ # 26770 (Continued) Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council DENIED an Ordinance upon application of INVESTORS SERVICE CORPORATION for a Change of Zoning: ORDINANCE UPON APPLICATION OF INVESTORS SERVICE CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO B-2 Ordinance upon application of Investors Service Corporation for a Change of Zoning District Classification from A@l Apartment District to B-2 Communty-Business District at the southwest corner of Kempsville Road and Canterford Lane on Lots 26 through 31, Carriage Mill. Parcels are located at 5301 through 5311 Canterford Lane and contain 14,810 square feet. KEMSPVILLE BOROUGH. Voting: 6-5 Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. Baum, Robert E. Fentress, Harold Heischober, Reba S. McClanan and John L. Perry Council Members Absent: None - 27 - Item IV-F.l.d.(a) MAYOR'S STATEMENT ITEM # 26771 ADD-ON The Mayor read the terms of the Settlement concluded this afternoon (Janaury 20, 1987) with R. G. Moore Building Corporation. Said Statement was read prior to the last Planning Item (Application of Grady A. and Sandra G. Wilson for a Variance to Section 4.4(b) of the Subdivision Ordinance). At the direction of City Council, the City Attorney has been directed to negotiate and conclude a settlement of the litigation recently intiated by R. G. Moore Building Gorporation against the City of Virginia Beach. The terms of the settlement concluded this afternoon with R. G. MOORE BUILDING CORPORATION can be outlined as follows: 1. The City will accept the dedication by R. G. Moore Building Corporation of two sites for public use (one of 43 acres, the other of 25 acres) as offered when the Ocean Lakes Land Use Plan was originally approved. 2. R. G. Moore Building Corporation shall pay the City the sum of $200,000.00 in cash within ninety (90) days. 3. The City has agreed to reduce its bonding requirements for infrastructure improvements to the 43 acre site to $80,000.00. In addition, the City will not require R. G. Moore Building Corporation to provide any infrastructure improvements to the twenty-five acre site. The City has made this concession because it has been advised that the School Board will not accept the twenty-five acre site for any purpose. 4. Council has agreed to reconsider an application for rezoning originally made by Kempsville Lake Partership No. 1 and Thomas M. Malbon on April 14, 1986, to rezone 2.4 acres from R-8 to PDH-2 and to amend the Ocean Lakes Land Use Plan to add an additional seven single family units. 5. As consideration for this agreement, Council has directed the Planning Department to approve for recordation the remaining final subdivision plats to the Ocean Lake Subdivision (Phase 1, Sections 4,5,6 & 7 and Phase 1, Part 2). 6. As further consideration for this agreement, R. G. Moore Building Corporation has agreed to dismiss with prejudice the litigation now pending against the City in the Circuit Court of the City of Virginia Beach and to release the City, its employees and agencies fron any further liability for all allegations in the suit styled R. G. MOORE BUILDING CORPORATION v. The City of Virginia Beach, the School Board of the City of Virginia Beach, C. Oral Lambert, Director of Public Works, Robert J. Scott, Planning Director, and Edward Brickell. J. DALE BIMSON MUNICIPAL CENTER CITY ATTORNEY VIRGINIA BEACH, VIRGINIA 23456-9002 (804) 427-4531 January 22, 1987 The Honorable Mayor Members of council Virginia Beach, Virginia AGREEMENT OF SETTLEMENT R. G. MOORE v. CITY OF VIRGINIA BEACH Dear Mr. Mayor and Members of Council: I enclose, for your information, an executed copy of the agreement authorized by Council in the settlement of the litigation of R. G. Moore Corporation V. City of Virginia Beach, et all. By copy of this letter I am forwarding the original agreement to the City Clerk for her records. Yoyrs truly, JDB:er cc: City Manager D@puty City Manager @ity Clerk AGREEMENT ThiS Agreement is made this 20th day of January 1987, by and between R. G. MOORE BUILDING CORPORATION (hereinafter Moore) and the CITY OF VIRGINIA BEACH (hereinafter City). Whereas, disputes and differences have arisen between the parties with respect to the recordation of plats and the acceptance of school sites in the Ocean Lakes Subdivision; and Whereas, there currently is pending a suit styled: R. G. Moore Building Corporation V. The City of Virginia Beach, et al At Law No. CL 86-2633; and Whereas, the parties wish to settle and resolve the disputes existing between them with respect to the allegations set out in the above lawsuit; Therefore, for good and valuable consideration, the receipt of which is hereby acknowledged; and in consideration of the mutual promises contained in this Agreement the parties agree as follows: 1. The City agrees that it will approve and immediately put to record, no later than January 22, 1987, all plats referencing property in Phase One, Sections 4, 5, 6, and 7 and Phase One, Part 2 of Ocean Lakes Subdivision, which plats are currently in the possession of the City. 2. The City agrees that it will accept the 43 acre site and the 25 acre site previously tendered by Moore and Moore will tender a deed for these sites to the City. 3. The City agrees that it will be responsible for all site work, road improvements, utility work improvements, associated with the 25 acre site, if any, and Moore will have no further obligation or connection with the 25 acre site. 4. The City agrees to reduce the bond/letter O@ credit now posted in the amount of approximately $230,000.00, by Moore to $80,000.00. This bond/letter of credit will secure those site improvements to be constructed on the 43 acre site, which improvements have been previously designated by the City, in conjunction with John Sirine and Associates, Inc. Moore agrees to pay the cost of these site improvements up to and including the sum of $80,000.00. 5. The City will reconsider an application for rezoning originally made by Kempsville Lake, No. 1 Partnership and Thomas M. Malbon on April 18, 1986 to rezone 2.4 acres from R-8 to PDH-2 and amend the Ocean Lakes Land Use Plan to add an additional seven single family lots at a minimum of 5,000 sq. ft. per lot. The terms of the application are incorporated herein by reference. 6. If the City permits the rezoning and use of the seven lots as set forth in paragraph 5, Moore shall pay to the City the sum of $200,000.00 immediately upon the granting of permission to develop and sell the seven lots, as contemplated in paragraph 5. If the seven lots are not rezoned or if Moore is not allowed to develop and sell said lots, as contemplated in 2 paragraph 5, Moore shall be under no obligation to pay the sum of $200,000.00 to the City. 7. Moore agrees to release the City, its officials, its employees and agencies from any and all claims arising out of the matters alleged in the above-referenced lawsuit. 8. The parties agree that they will execute any further agreements or documents necessary to effectuate the intent of this Agreement. R. G. MOORE BUILDING CORPORATION By R. G. Moore,-President THE CITY OF VIRGINIA BEACH By -bert i yor 0 3 - 28 - Item IV-F.l.e. PUBLIC HEARING PLANNING ITEM # 26772 Attorney Michael Inman represented the applicant and presented a petition in support of the application for a flag lot. (Said petition is hereby made a part of the record.) Charles R. Kohn, represented the Woodstock Civic League and read a letter fomr the President of the Woodstock Civic League advising that there are properties in Woodstock which cannot be developed except by using the flag lot concept Woodstock Civic League does not contest this. However it was desired that all proeprty be developed within the current R-5 zoning. A MOTION was made by Councilman Moss, seconded by Councilman Baum to DENY an Ordinance upon application of Grady A. and Sandra G. Wilson for a variance to Section 4.4(b) of the Subdivision Ordinance, which requires lot dimensions conform to the Comprehensive Zoning Ordinance on property located on the east side of Woodstock Road, 570 feet more or less south of Oak Terrace Drive (Kempsville Borough). A SUBSTITUTE MOTION was made by Councilman Perry, seconded by Councilwoman McClanan to APPROVE an Ordinance upon application of Grady A. and Sandra G. Wilson for a variance to Section 4.4(b) of the Subdivision Ordinance, which requires lot dimensions conform to the Comprehensive Zoning Ordinance on property located on the east side of Woodstock Road, 570 feet more or less south of Oak Terrace Drive (Kempsville Borough). (THIS MOTION AND SECOND WERE WITHDRAWN). Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman Perry, City Council DEFERRED for thirty days until the City Council Meeting of February 23, 1987, an application of GRADY A. AND SANDRA G. WILSON for a Variance to Section 4.4(b) of the Subdivison Ordinance. This determination would enable the ownership of the property that lies east of the boundary line of this property to be determined. Appeal from decisions of Administrative Offices in regard to certain elements of the Subdivison Ordinance, Subdivision of Grady A. and Sandra G. Wilson. Property is located on the east side of Woodstock Road, 570 feet more or less south of Oak Terrace Drive. Plats with more detailed information are available in the Department of Planning. KEMSPVILLE BOROUGH. - 29 - Item IV-F.l.e. PUBLIC HEARING PLANNING ITEM # 26772 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Councilman Members Abstaining: Mayor Robert G. Jones Council Members Absent: None Mayor Robert G. Jones ABSTAINED as Grady A. and Sandra G. Wilson are his clients. Councilwoman McClanan requested the City Attorney prepare a brief concerning the legality of hardships related to Variances. Councilman Heischober requested the Planning Department cite reasons why flag lots today are not an acceptable form. Councilman Baum wished guidance concerning the importance of the width of the driveway related to said variance. Councilwoman Henley advised if flag lots were determined to be perfectly acceptable development would be invited in all areas in such a fashion that it would ignore the front footage requirements. - 30 - Item IV-G. CONSENT AGENDA ITEIA # 26773 Upon motion by Counclman Fentress, seconded by Vice Mayor Oberndorf, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA: Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 31 - Item IV-G.1 CONSENT AGENDA ITEM # 26774 Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to amend and reordain Section 111 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, by REPEALING the Definition of a Day Care Center and creating definitions for a Family Day Care Home and Child Care Center. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 31a .AN ORDINANCE TO AMEND AND REORDAIN SECTION 111 OF THE COMPREHE@JSIVE ZONING CROINATICE OF THE CITY OEI VIRGI@'IIA BEACH, VIRGI@ilA, BY REPEALING THE DEFINITION OF A DAY CARE CEXITER AND CRZATING DEFIIIITIONS FOR A FA-MILY DAy- C.@RE HOME.A@ID A CHIID-CARE Cv-@ITZ.R BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BFACH, VIRGINIA: That Section 111 of the Comprehensive Zoning ordinance oE the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 111. Definitions. 1. The term "Day Care Center" and its definition are hereby repealL-d. 2. The terms "Family Day-Care Home" and "Child-Care Center" and the definition for each are added as follows: Family Day-Care Home, An@ private family home which, as a home occupation, provides care, protection and quidance to a qrouo oE children separated from their Darents or quardians durinq a part of the twenty-four (24) hour day. This term shall apply only to homes in which more than five (5) children are received who are not related by blocd or marriaqe to the persons who maintain the home, or where the total number of children cared for, including children so related to the persons who maintain the home, exceeds seven (7). Child-Care Center. Any facilitv, other than a Familv-Day Care Home, operated for the purpose of providing care, protection, and guidance to a groud cf children separated from their parents Or guardian durinq a Dart oE the twenty-four (24) da This Ordinance shall be effective from the date of its adoption. Adopted by the Couiicil of the City of Virginia Beach, Virginia, on the 20 day of January GLF/Imt 12/02/86 CA-86-02082 /Ordin\Proposed\011ICZO.Pro - 32 - Item IV-G.2- CONSENT AGENDA ITEM # 26775 Steve Johnson, Chairman of the Mayors' Committee on the Handicapped spoke in support of this Ordinance. Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to amend and reordain Section 21-371 of the City Code of the City of Virginia Beach, Virginia: Parking In Spaces Reserved for Handicapped Persons. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara 14. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 32a - 2 3 4 5 6 AN ORDINANCE TO AMEND AND REORDAIN 7 SECTION 21-371 OF THE CITY CODE OF 8 THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, PARKING IN SPACE RESERVED 10 FOR HANDICAPPED PERSONS 11 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 That Section 21-371 of the Code of the City of Virginia 16 Beach, Virginia, is hereby amended and reordained to read as 17 follows: 18 Section 21-371. Parking in space reserved for handicapped 19 persons. 20 (a) It shall be unlawful for a nonhandicapped operator 21 of a motor vehicle to park in a parking space reserved for the 22 handicapped on public property or at privately owned parking 23 areas, unless such operator is using the motor vehicle to 24 transport a handicapped person who has obtained a special license 25 plate or a special vehicle parking permit from the divisien 26 Division of Motor Vehicles. Sueh-speeial-vehieie-parking-permit 27 28 29 handieappedt Any vehicle parked in a parking space reserved for 30 the handicapped shall display either a special license plate or a 31 special vehicle parking permit visible through the front 32 windshield. Spaces reserved for the handicapped shall be 33 identified by above grade signs. The words, "Minimum penalty for 34 violation $25," may be posted on an accompanying sign. 35 (b) Any operator of a motor vehicle parked in 36 violation of this section in a parking space reserved for the 37 handicapped on public property or at a privately owned parking 38 area shall be guilty of a Class 4 misdemeanor and may be issued a 39 summons by a police officer, without the necessity of a warrant 40 being obtained by the owner of such private parking area. 41 (c) When a notice or citation is attached to a vehicle 42 found parked in violation of this section, the owner of the 43 vehicle may, within three (3) City working days thereafter, pay - 32b - 44 to the city treasurer, in satisfaction of such violation, a 45 Penalty of twenty-five dollars ($25.00). Such payment shall 46 constitute a plea of guilty for the violation in cruestion. If 47 such payment is not postmarked or received by the city treasurer 48 within three (3) working days of the City after receipt of such 49 notice or violation, the penalty shall be fifty dollars ($50.00). 50 The failure of any owner to make payment as prescribed above, or 51 to present the notice or citation for a violation of this section 52 at an office of the citv treasurer for certification to the 53 general district court, within thirty (30) days, shall render 54 such owner, upon conviction of such violation, subject to a fine 55 of not more than one hundred dollars ($100.00) 56 57 Adopted by the Council of the City of virginia Beach, 58 Virginia on January 20, 1987. 59 60 61 WEB/lmt 62 12/02/ 86 63 01/12/87 64 CA-02086 65 /Ordin/Proposed/21-371.Pro - 33 - Item IV-G.3 CONSENT AGENDA ITF14 # 26776 Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance authorizing the City Manager to execute a deed of vacation and quitelaim between the City of Virginia Beach and Outlet Mall Properties, a Virginia General Partnership. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 33a - AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED OF VACATION AND QUITCLAIM BETWEEN THE CITY OF VIRGINIA BEACH AND OUTLET MALL PROPERTIES, A VIRGINIA GENERAL PARTNERSHIP WBEREAS, outlet Mall Properties, a Virginia general partnership (hereinafter "Grantor") is the fee simple owner of that certain parcel of land described as Parcel C-1 on that certain plat entitled "VACATION PLAT OF 51 DRAINAGE EASEMENT M.B 170, PG. 51 FOR OUTLET MALL PROPERTIES" dated October 30, 1986, a copy of which is attached hereto as Exhibit "A;" and WHEREAS, by plat dated May 17, 1983, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 170, at page 51, Grantor's predecessor in title dedicated to the City of Virginia Beach a 51 easement for installation and/or maintenance of drainage facili- ties. Said easement is shown as the shaded area on Exhibit A, hereinafter referred to as the "Easement To Be Vacated;" and WHEREAS, a final construction physical survey of the property has revealed an encroachment into the easement to be vacated by the building; and WBEREAS, the easement to be vacated is not being used at this time and serves no useful purpose; and WHEREAS, Grantor has requested that the City vacate the Easement To Be Vacated; and WHEREAS, it has been determined by the Departments of Public Works and Public Utilities that the Easement To Be Vacated is in excess of the needs of the City of Virginia Beach, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Easement To Be Vacated is in excess of the needs of the City of Virginia Beach and is hereby vacated; and 1 - 33b - 2. That the City Manager is hereby authorized to execute a Deed of vacation and Quitclaim (a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference) between the City of Virginia Beach and Outlet Mall Properties, a Virginia general partnership, releasing the City's right and interest in the Easement To Be Vacated. Adopted by the Council of the City of Virginia Beach, Virginia on this 20 day of January 19 87 RCP/cb 11/20/86 outlet.ord 2 ,91R@CrOR O,' PU@LIC WOHKS DIRECROR OF urILITIEs EXHIBIT A RE-CORD MERIDIAN IV.S@ 17 51 THIS EA.5EMENr WAS VACATED gy VIRGINIA 8f ACH clry couNcIL oN INDEPENDENCE BOULEVARD VIRGINIA DEPARTMENR OF HIGHWAY PROJ. NO. 0044-134-101, RIW201, SHTVO.501-22 A 687'TO COLLIMBUS STREET I -V VARIA8LE WIDTH 5AIVITARY SEWER EASEMEIVT 5'EASEMENT FOR INSTALLA7'ION AND101? MB 170 PG 51 AFAIIVTENANCE OF DRAINAGE FACILIrEs (M. 8 / 7 0, PG 51) TO BE VACATED. PARCEL C-1 PA R CEL A Af 8 170, PG 51 U 8 170, PG, 51 VARIABLE WIDTH 43 WATERLIAL-- EASEMENT D.8 2205 PG 908 33185' S02,03,0@'w Nlf- NIF- RE TOWIVSEND I VIRGINIA EL EC TRIC a POWER Co D8383 PG5 D 8 819 PG 348 VACATION PLA7' OF 5',9RAINAGE EASE4fENT M @13 / 70, PG 51 F-OR OUTLET MALL PROPERTIES ,4 VIRGIIVIA GENE-HAL PARTVER,5HIP KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRG4vlA OCTOBER @50, 1986 SCALEI"z5O' Langley and McDonald ENGINE E PS - ['L AN N@ H L, ,@JRVE Y ORS VIRGINIA Ok A(,,, L L @IRCIINI. EXHIBIT B THIS DEED OF VACATION AND QUITCLAIM, Made this 1986 by and between the CITY OF VIRGINIA day of I ation of the Commonwealth of Virginia, BEACH, a municipal corpor party of the first part, and OUTLET MALL PROPERTIES, a Virginia general partnership, Gallery Building, 101 Granby Street, Norfolk, Virginia, 23510, party of the second part. W I T N E S S E T H, That for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which are hereby acknowledged, the party of the first part hereby releases, vacates, and forever QUITCLAIMS unto the party of the second part all of its right, title, and interest, if any, in and to the following described property: rtain parcel of property All that ce designated as "51 EASEMENT FOR INSTALLATION AND/OR MAINTENANCE OF DRAINAGE FACILITIES 51) TO BE VACATED" as shown on (M.B. 170, PG. that certain plat entitled "VACATION PLAT OF 5' DRAINAGE EASEMENT M.B. 170, PG. 51 FOR OUTLET MALL PROPERTIES A VIRGINIA GENERAL PARTNERSHIP KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA,,, dated October 30, 1986, prepared by Langley and McDonald, Engineers- Planners-Surveyors, Virginia Beach and Williamsburg, Virginia, attached hereto and made a part hereof, to which reference is e particular description. made for a mor SAVE AND EXCEPT all other easements dedicated to the City of Virginia Beach, as referenced on the aforesaid plat, not herein or hereto- fore released. This conveyance is made subject to conditions, restric- tions, easements, and reservations of record in the chain of title, if any, constituting constructive notice thereof. IN WITNESS WHEREOF, the City of Virginia Beach has caused its name to be signed by its City Manager and its seal to be affixed and attested to by its City Clerk, and said action was authorized by an ordinance adopted by the Council of the City of Virginia Beach, at a meeting duly called and held on the day of 19-. CITY OF VIRGINIA BEACH By City Manager (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the city and State aforesaid, do hereby certify that THOMAS H. MUEHLENBECK, City Manager, for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Deed of Vacation and Quitclaim, has acknowledged the same before me in the City of Virginia Beach, State of Virginia. 2 GIVEN under my hand this day of 19-. ic my conunission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Deed of Vacation and Quitclaim, has acknowledged the same before me in the City of Virginia Beach, State of Virginia. GIVEN under my hand this day of 19-. lic My Commission Expires: RCP/cb 11/18/86 outlet.dee 3 - 34 - Item IV-G-4 CONSENT AGENDA ITEM # 26777 Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the rights-of-way of Southern Boulevard and Freight Lane to James M. Fischer, Jr., his heirs, assigns and successors in title. The following conditions shall be required: 1. The owner agrees to remove the encorachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agreees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must submit, and have approved, a traffic control plan before commencing work within the City's right-of-way. 5. Prior to any construction within the existing public right-of-way, the owner or his agent shall obtain a permit from the Highway Inspections Bureau. 6. Prior to the issuance of a highway permit, the owner or his agent must post a Performance Bond and show proof of a public liability (minimum $300,000). 7. No open cut of a public roadway shall be allowed except under extreme circumstances, such exceptions shall be submitted to the Highway Divison for final approval. 8. Owner agrees to connect to sanitary sewer facilities when they become available. 3 5 Item IV-G.4. CONSENT AGENDA ITEM # 26777 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 35a - Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHTS-OF-WAY OF SOUTHERN BOULEVARD AND FREIGHT LANE TO JAMES M. FISCHER, JR., HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, James M. Fischer, Jr., his heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment into the rights-of-way of Southern Boulevard and Freight Lane. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a private sanitary sewer force main to serve the Automotive Training Institute and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's rights-of-way known as Southern Boulevard and Freight Lane, on the certain plat entitled: "FREIGHT LANE SEWER FORCE MAIN AUTOMOTIVE TRAINING INSTITUTE," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to James M. Fischer, Jr., his heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's rights-of-way of Southern Boulevard and Freight Lane and - 35b - that James M. Fischer, Jr., his heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that James M. Fischer, Jr., his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that James M. Fischer, Jr. executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 20 day of January 19 87 CLL/tap 11/26/86 CA-1186-02064 (encroach\fischer.ord) 2 M.B.- PG.- F. SUTTON & ASSOCTATES ZONE: FILE NO.:,g@,5@ - 36 - Item IV-G-5 CONSENT AGENDA ITF14 # 26778 Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council APPROVED: RAFFLE PERMITS: Back Bay Wildfowl Guild Independence Lions Knights of Columbus #4632 Old Dominion Aquatic Club Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 37 - Item IV-H.1 APPOINTMENTS ITEM # 26780 BY CONSENSUS, City Council RESCHEDULED until the City Council Meeting of January 26, 1987 the following APPOINTMENT: CONSTITUTION CELEBRATION COMMITTEE BY CONSENSUS, City Council renamed the Committee from "Constitution Day Committee" to "Constitution Celebration Committeell - 38 - Item IV-H.2 APPOINTMENTS ITEM # 26781 Upon NOMINATION by Councilwoman Parker, City Council APPOINTED: 25th ANNIVERSARY CELEBRATION COMMITTEE Nancy Creech (Chairman) Giles Dodd Mauery Bailey John Gravatt Thomas Escoe Curtis Langley Walter Vargo Betsy Doxey Ivan Mapp James Kaiser Evelyn Salop Robert "Bobby" Vaughan R. L. "Buddy" Riggs Jay Buffington Frank Kellam Joe Hoppel Martha Raynor Lee Phillips Jackie Boroughs Michael Barrett George Vakos Lettie Dozier Helen Crist Mary Ann Matson Mary Reid Barrow Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 39 - Item IV-I.1 UNFINISHED BUSINESS ITEM # 26782 Attorney H. Thomas Padrick, Jr., represented the applicant and requested DEFERRAL Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council DEFFRM for two weeks for Administrative Review and possible resolve: Waiver request for on-site perimeter curbing and right-of-way improvements, Mid-Atlantic Marine, on property owned by the Ocean Park Volunteer Fire and Rescue Unit, Inc., a Virginia Non-Profit Corporation. If this matter can be resolved administratively, it will not return to City Council. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 40 - Item IV-J.1- NEW BTJSINESS ADD-ON ITEM # 26783 Upon motion by Councilwoman McClanan, seconded by Councilman Fentress, City Council SCHEDULED RECONSIDERATION for the City Council Meeting of February 9, 1987, of an Ordinance upon application of KWSVILLE LAKE #1 PARTNERSHIP and MICHAEL S. MALBON for a Change of Zoning: ORDINANCE UPON APPLICATION OF KEMPSVILLE LAKE # 1 PARTNERSHIP AND MICHAEL S. MALBON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO PD-H2 Ordinance upon application of Kempsville Lake #1 Partnership and Micahel S. Malbon for a Change of Zoning District Classification from R-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. Said Ordinance was DENIED on April 14, 1986. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 41 - Item IV-J.2 NEW BUSINESS ITEM # 26784 ADD-ON Colonel Robert Engesser spoke under the sponsorship of Councilman John Perry. Colonel Engesser expressed appreciation to Councilman Perry and distributed information relative his concern for social justice. (Said information is hereby made a part of the record). - 42 - Item IV-J-3 NEW BUSINESS ITEM # 26785 ADD-ON Councilman Fentress sponsored Maurice Jackson, Sheldon Corner and John Rogers to speak concerning the purchase by the City from John Rogers of a tract of land along the Oceanfront running some 200 feet along the Beach and Atlantic Avenue, north of 24th Street. This land could be utilized as a public park or some form of open area to allow the afternoon sun to shine on the beach and to allow those on Atlantic Avenue to view the Ocean. Maurice Jackson, Member of the Committee requesting purchase of the aforementioned property, distributed copy of his speech and petitions in support of same. (Said information is hereby made apart of the record). Sheldon Corner, Member of the 24th Street & OceaTifront Property Committee, outlined the proposal by John Rogers and distributed a copy of the LOAN AMORTIZATION SCHEDULE. Said Schedule is hereby made a part of the proceedings. John Rogers, representing Coastal Marketing Group, Inc. , spoke concerning his proposals. Maurice Fine, Chairman of the Arts and Humanities Commission, distributed a copy of a Resolution in support of acquisition of a certain portion of the 24th Street Oceanfront Property by the City of Virginia Beach. (Said copy is hereby made a part of the record. BY CONSENSUS, City Council referred the proposed purchase of a tract of land along the Oceanfront running some 200 feet along the Beach and Atlantic Avenue, north of 24th Street to the City Staff for review and recommendation. JOHN RODGERS COMPANY 010887 LOAN AMORTIZATION Page 1 01-08-87 LOAN DATA PRINCIPAL 2,700,000.00 NUMBER OF PAYMENTS 180 PAYMENT AMOUNT 25,029.33 INTEREST RATE 7.500% ESTIMATED TOTAL INTEREST 1,805,279.40 INTEREST PRINCIPAL BALANCE 2,700,000-00 1 16,875.00 8,154.33 2,691,845.67 2 16,824.04 8,205.29 2,683,640.38 3 16,772.75 8,256.58 2,675,383.80 4 16,721.15 8,308.18 2,667,075.62 5 16,669.22 8,360.11 2,658,715.51 6 16,616.97 8,412.36 2,650,303.15 7 16,564.39 8,464.94 2,641,838.22 8 16,511.49 8,517.84 2,633,320.37 9 16,458.25 8,571.06 2,624,749.30 10 16,404.68 8,624.65 2,616,124.65 11 16,350.78 8,678.55 2,607,446.10 12 16,296.54 8,732.79 2,598,713.31 ------------ ------------ ------------ YEAR END TOTAL 199,065.27 101,286.69 2,598,713.31 ------------ ------------ ------------ @5 ozq. 33 (@o