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NOVEMBER 3, 1986 MINUTES Cit "WORLD'S LARGEST RESORT CITY" CITY ('OUN('.11, MAYOR ROBERTO. JONES, Al VICE. A4AYOR MEYERA E. OBERNIX)RF, Al I,,, AI.BERT W BALKO, P,@,,@,h folIN A. BAUM, BI-W.1- &-,h ROBERT E. FFNTRESS, Vi,i@i. B,@,h P-..,h IIAROI-1) IIE]SCHOBER, Al @,, BAR13ARA M IFENLEY, P.@, @.,h REHA S. M@ (:LANAN, P,i@,- A@@, B-.,h jo[iN 1)@ MOSS, @,,,h NANC:Y K PARKER, AIL,,, JI)tfN L PI-RRY, 281 CITY tiALL BUILDIN(; MEJNI(:IPAL CENTER R(17'11 IIO[X;E.S.@MITH, CMC, Ci,, Cl,k CITY COUNCIL AGENDA VIRGINIA REA(,H, VIRGINIA 23456-@2 (804) @27-430,3 November 3, 1986 VIRGINIA BEACH CITY COUNCIL ITEM 1. INFORMAL SESSION: VIRGINIA BEACH CITY COUNCIL Conference Room - 12:30 FM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. CONCERNS OF CITY COUNCIL D. CITY MANAGER'S INFORMAL BRIEFING 1. LIBERTY NISSAN USE PERMIT Mr. Robert J. Scott Director of Planning 2. AMENDMENT TO CITY CODE REGARDING TRAFFIC SCHOOL Mr. J. A. Daniel Smith Clerk of General District Court E. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. FORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 PM A. INVOCATION: Father William Dale Church of the Ascension B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA E. PRESENTATIONS 1. RESOLUTION OF APPRECIATION - R. Dean Lee Development Authority 2. HANDICAPPED VOTING FACILITIES - Dr. Marlene Hager General Registrar F. MINUTES 1. Approval of City Council Minutes: a. INFORMAL & FORMAL SESSIONS: October 27, 1986 G. PUBLIC HEARING 1. PLANNING a. Ordinance for the discontinuance, closure and abandonment of a portion of Holly Avenue in the petition of South Bay Associates beginning at the eastern boundary of Jade Street and running a distance of 167.04 feet along the southern boundary of Lot 15, Block 8, Lynnhaven Shores; parcel is 25 feet in width, containing 4,180.75 square feet (Lynnhaven Borough). EXTENSION OF 90-DAYS FOR COMPLIANCE APPROVED by City Council on August 4, 1986. Recommendation: EXTENSION FOR ADDITIONAL 30 DAYS b. Ordinance for the discontinuance, closure and abandonment of a portion of Huntsman Drive (formerly Denver Avenue) in the petition of Hudgins and Associates, a Virginia Corporation, beginning at the northern boundary of Brant Road and running a distance of 170 feet more or less in a northerly direction containing 9,000 square feet more or less (Lynnhaven Borough). Recommendation: DENIAL c. Application of Carl W. Isbrandstsen for a variance to Section 4.4(b) of the Subdivision Ordinance which equires t@at lot dimensions conform to the Comprehensive Zoning Ordinance located on the north side of Pungo Ferry Road, 279.45 feet west of Carmel Street (Pungo Borough). Recommendation: APPROVAL d. Application of McGinnis Realty and Development Company for a Change of Zoning District Classification from A-1 Apartment District to B-4 Resort-Commercial District on Lots 4 and 5, Block 108, Virginia Beach Development Company, located at 307 and 309 34th Street containing 14,000 square feet (Virginia Beach Borough). Recommendation: DENIAL e. Application of Abbey Horwitz for a Change of Zoning District Classification from AG-2 Agricultural District to 0-1 Office District on certain property located on the east side of General Booth Boulevard, 560 feet more or less north of Red mill Boulevard located at 2028 General Booth Boulevard, containing 35,719 square feet (Princess Anne Borough). No recommondation due to TIE VOTE. f. Applications of Olive W. Malbon for Changes of Zoning: From AG-2 Agricultural District to I-2 Heavy Industrial District on certain property located on the west side of Harpers Road, 1900 feet more or less north of London Bridge Road, containing 13.33 acres. AND, From R-3 Residential District to I-2 Heavy Industrial District on certain property located on the west side of Harpers Road, 1750 feet more or less north of London Bridge Road, containing 29,185 square feet more or less (Princess Anne Borough). Recommendation: DENIAL FOR BOTH APPLICATIONS H. RESOLUTIONS 1. Resolution directing the Planning Commission to consider Ordinances that would ban all new BILLBOARDS within the City of Virginia Beach and to make recommendations on these ordinances to City Council within thirty days. 2. Resolution requesting the Special Study Comittee established under Senate Joint Resolution 47 to NOT change the Subdivision Law to adversely affect the health, welfare and safety of the citizens of the Commonwealth. I. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. RESOLUTION IN RECOGNITION - R. Dean Lee, Development Authority 2. Ordinance authorizing tax refunds in the amount of $5,183.81. J. APPOINTMENTS 1. COMMUNITY CORRECTIONS RESOURCE BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT - 13 - Item II-E.l.a MINUTES ITEM # 26330 Upon motion by Vice Mayor Obernodrf, seconded by Councilman Balko, seconded by Councilman Balko, City Council APPROVED the MINUTES of November 3, 1986 AS CORRECTED AND AMENDED: Vice Mayor Oberndorf referenced a Correction: Item # 26271 (SANDBRIDGE), Page 3, CONCERNS OF GITY COUNCIL, INFORMAL SESSION. The date of Jack IIhitney's Meeting was incorrectly lsited as Monday, November 11, 1986. Same should be corrected to read Monday, November lo, 1986. The City Clerk advised of a Correction: Page 20, Item II-G.l.e., ITEM # 26290 ORDINANCE UPON APPLICATION OF ABBEY HORWITZ FOR A CHANGE OF ZONING DISTRICT CLASSFICIAIOTN FROM AG-2 TO 0-1 Z011861127 Typographical error in Condition No. 2. The word five was not typed. Same should state thirty-five (35) feet. Councilwoman McClanan advised the following AMENDMENT to Condition 2. The following words shall be inserted: Design shall be similar to the plan shown to City Council on date of the rezoning and the Civic League, the City Council and the applicant. With further reference to ITEM # 26290, Councilwoman McClanan wished referenced, for the record, the landscaping that is along the General Booth corridor was agreed to by the property owners. Councilwoman McClanan will be discussing same with Abbey Horwitz, the applicant. Attorney Cromwell was present and consulted in this matter. 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 November 3, 1986 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, November 3, 1986 at 12:35 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 and Nancy K. Parker Council Members Absent: John L. Perry ENTERED: 12:40 P.M- - 2 - MAT T E R S BY T HE MAYOR BOND REFERENDUM ITEM # 26265 Mayor Jones referenced ELECTION DAY, November 4, 1986, concering the BOND REFERENDUM and urged the participation of Council. The Mayor advised he had materials in his car to be distributed should anyone wish same. TARGET AREA TOUR/ MEETING WITH THE SCHOOL BOARD COMMUNITY SERVICES BOARD ITEM # 26266 Mayor Jones referenced the City Council will meet Friday, November 7, 1986, commencing at 8:30 A.M. at the Virginia Marine Science Museum for a TOUR of the TARGET AREAS, followed by lunch and meetings with the SCHOOL BOARD and COMMUNITY SERVICES BOARD. - 3 - C 0 N C E R N S 0 F C I T Y C 0 U N C I L BUSINESS LICENSES/LEGISLATIVE PACKAGE ITEM # 26267 Councilman Heischober advised City Council he had written two letters. One referenced the Legislative Package and his concerns. The other entailed Business Licenses and this concern has been referred to the Commissioner of Revenue. ELDERLY REAL ESTATE TAX EXF14PTION ITEM # 26268 Councilwoman Henley and Councilman Baum referenced citizen concerns relative the Elderly Real Estate Tax Exemption, perhaps raising it to the State allowable amount. Giles Dodd, Assistant City Manager for Administration advised same was amended in 1983 and the ANNUAL INCOME was raised from $13,000 to $15,000 with the NET WORTH from $35,000 to $40,000. The State allows a maximum of $65,000 NET WORTH and $18,000 ANNUAL INCOME. The City Staff will make recommendations concerning same. UNKNOWN STREETS ITEM # 26269 Councilman Perry referenced a Street off of Baxter Road which was not identified by the City on any of their maps. The City Manager will have Staff investigate same. Sometimes, although the streets bear signs, they have not yet been accepted by the City. VEPCO RESOLUTION ITEM # 26270 Councilwoman McClanan and Councilman Fentress referenced the proposed RESOLUTION concerning VIRGINIA ELECTRIC and POWER COMPANY to be drafted to the STATE CORPORATION COMMISSION. Councilman Fentress advised of a meeting he attended with VEPCO and the INNKEEPERS ASSOCIATION. It was the assumption upon completion of the meeting that a RESOLUTION would not be necessary; therefore, same was not included on City Council's Agenda. SANDBRIDGE ITEM # 26271 Councilwoman Henley referenced an item mentioned by Vice Mayor Oberndorf on October 20, 1986, relative a letter from Dr. E. Spencer Wise of the North Beach Civic League in opposition to a decision by the VIRGINIA MARINE RESOURCES COMMISSION. Rather than having the City Council ADOPT a Resolution, it would be preferable to have Jack Whitney, Chief of Comprehensive Planning, attend a Meeting on Monday, November 11 , 1986 in Richmond concerning House Resolution 46, the Coastal Shoreline Erosion Study, to speak relative the City's concerns for DUNE protection. The City Staff will notify Senator Joseph V. Gartlan, Jr., that the City Council of Virginia Beach fully supports the recommendations of Jack Whitney. - 4 - C 0 N 0 E R N S 0 F C I T Y C 0 U N C I L BOCA CODE ITEM # 26272 Councilwoman Parker referenced environmental concerns relative Ordinances to AYiEND and REORDIAN/or REPEAL certain sections of the Code of Virginia Beach pertaining to BOARD OF BUILDING CODE APPEALS, DIVISIONS OF THE DEPARTMENT OF PERMITS AND INSPECTIONS AND UNIFORM STATEWIDE BUILDING CODE ADOPTED on October 27, 1986. The City Manager advised City Staff will investigate to determine if these Ordinances could be more restrictive in the area of Environmental Concerns. TRAFFIC STUDIES ITEM # 26273 Councilwoman Parker referenced the City's Traffic Counts were approximately three years old and if it was a financial hardship to do conduct these every year. The City Manger advised a report was given concerning Traffic Studies to the City Council with various alternatives and the CONSENSUS of opinion was to stay with the present system. The City Staff would be happy to again review these alternatives with City Council. Councilwoman McClanan requested traffic counts also include "estimates" of traffic counts, if all the property in the immediate area was developed. MOSQUITO CONTROL COMMISSION ITEM # 26274 Councilwoman Parker requested advice as to MOSQUITO CONTROL COMMISSION relative appointments and consolidation. - 5 - CITY MANAGER'S INFORMAL BRIEFING LIBERY NISSAN USE PERMIT November 3, 1986 ITEM # 26275 Mr. Robert Scott, Director of Planning, referenced a unique problem arising from the Conditional Use Permit granted LIBERTY NISSAN on August 11, 1986. Ordinance upon application of J. BROCK NELSON/LIBERTY NISSAN, LTD. for a CONDITIONAL USE PERMIT for new and used automobile sales and services on the east and southest corners of Bonney Road and Butternut Lane in the Lynnhaven Borough. Mr. Scott advised of a discrepancy existing among a number of plats, the first being recorded in 1902 for the Rosemont Corporation followed by another plat of an area known as Jacksondale and those two plats conflict. Neither of these two plats concur with the City's Base Maps, particularly concerning an area from Chestnut Street down to South Boulevard and basically over to Rosemont Road. There is no question that Lots 22, 23, 24 and 25 were rezoned by the City Council to Industrial Zoning. The question arises as to the location of these lots and depending upon whose records you are investigating, they are about 93 feet from the Bonney Road right-of-way or about 200 feet from the Bonney Road right-of-way. The LIBERTY NISSAN CONDITIONAL USE PERMIT is an accurate description of the property, if you adhere to the Jacksondale or the Rosemont Corporation plat, but a discrepancy exists if the City map is followed. The property owner might be penalized as part of the property the applicant claims to own was rezoned upon request of another property owner. This problem will be rectified administratively; however, City Council should be aware of same. - 6 - CITY MANGER'S INFORMAL BRIEFING AMENDMENT TO THE CITY CODE REGARDING TRAFFIC SCHOOL November 3, 1986 ITEM # 26277 J. A. Daniel Smith, Clerk of General District Court, advised a free traffic school has been sponsored for the past fifteen (15) years by the Court. Section 21-11 (Traffic School for Violators) of the City Code substantiates said School. However, the Court now finds itself in competition with the Division of Motor Vehicles that operates nine (9) schools in this area and charges $30 to $35 tuition. Upon graduation, the individual receives 5-Plus points on their driving record. The Court's school is free and also awards 5-Plus points upon graduation. These clases have dropped steadily. Approximately $2,000 a year is required to support said school. J. A. Daniel Smith requested the Code be AMENDED to reflect the school be conducted by the Division of Motor Vehicles rather than the General District Court. - 7 - ITEM # 26278 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 Baum, seconded by Councilman Balko, City Council voted to proceed into EXEGUTIVE 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 - 8 - F ORM A L S E S S ION VIRGINIA BEACH CITY COUNCIL November 3, 1986 2:05 P.M- Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, November 3, 1986, at 2:05 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Father William Dale Church of the Ascension PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 9 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA ITF14 # 26279 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. - 10 - Item II-D.1 ANNOUNCEMENT ITF14 # 26280 Vice Mayor Meyera Oberndorf ANNOUNCED the birth of a son, Andrew, to Marc Davis, a Member of the Press Corps, and his wife Sharon. Marc Davis is a reporter for THE BFACON. The Baby weighed 6 pounds and 9 ounces and was born October 31, 1986. - 11 - Item II-E.l. PRESENTATION ITEM # 26281 Mayor Robert G. Jones PRESENTED a RESOLUTION OF APPRECIATION to: R. Dean Lee Virginia Beach Development Authority This Resolution recognized R. Dean Lee for his dedication, commitment and unselfish service as a Member of the VIRGINIA BF.ACH DEVELOPMENT AUTHORITY. - 12 - Item II-E.2 PRESENTATIONS ITEM # 26282 Dr. Marlene Hager, General Registrar, demonstrated HANDICAPPED VOTING FACLITIFS with the assistance of Steve Johnson, Chairman of the MAYOR'S COMMITTEE ON THE HANDICAPPED. Dr. Hager expressed appreciation to F. J. Foster, School Administration, Director of the School Plant and Supply Services; Ralph Ward, General Services; Gail Labyak, Assistant Voter Registrar, and six (6) Civic Organizations who helped finance part of the cost of this special equipment accompanied by City Funding. The Civic Organizations included: Oceanside Lions Club Plaza Golden Lions Club Lynnnhaven Lions Club Independence Lions Club Tidewater Rotary Club Virginia Beach JAYCEES A ball stylus (punching tool) was demonstrated. The ball enables this stylus to be placed in the palm of the hand utilized by people suffering from arthritis. A gaint maginifier was also utilized which would benefit the visually handicapped. Adapters for the Voting Booths enable same to be lowered for wheel chair accessibility. - 13 - Item II-E-3- INTRODUCTION ITEM # 26283 The City Manager introduced Fagan D. Stackhouse, the new DIRECTOR of PERSONNEL to the City Council. I - 14 - Item II-E.l.a MINUTES ITEM # 26284 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council APPROVED the MINUTES of October 27, 1986, as AMENDED: Councilwoman McClanan adivsed: ITEM # 26249, page 18. ORDINANCE UPON APPLICATION OF SUMMIT PROPERTIES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO H-1 10861126 The Borough was incorrectly stated in both the AGENDA and the MINUTES as LYNNHAVEN BOROUGH. Same should be the PRINCESS ANNE BOROUGH. This should also be corrected in the SUMMARY OF COUNCIL ACTIONS. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Harold Heischober Council Members Absent: None 1 5 Item II-G.1a./f. PUBLIC HEARING PLANNING ITEM # 26285 Mayor Jonee DECLARED a PUBLIC HEARING on: PLANNING ITEMS a. SOUTH BAY ASSOCIATES STREET CLOSURE b. HUDGINS AND ASSOCIATES CONDITIONAL USE PERMIT c. CARL W. ISBRANDTSEN VARIANCE d. MCGINNIS RFALTY AND DEVELOPMENT COMPANY CHANGE OF ZONING e. ABBEY HORWITZ CHANGE OF ZONING f. OLIVE W. MALBON CHANGES OF ZONING - 16 - Item II-G.l.a. PUBLIC HEARING PLANNING ITEM # 26286 Gil Holt, Jr., represented the applicant, and requested an extension of time for compliance, to allow for completion of review and approval of the resubdivision of the plat for recording. Upon motion by -Uouncilman Balko, seconded by Councilman Heischober, City Council APPROVED AN EXTENSION OF TIME FOR COMPLIANCE OF THIRTY (30) DAYS until the City Council Meeting of December 8, 1986, of an Ordin@ance for the discontinuance, closure and abandonment of a portion of Holly Avenue in the petition of SOUTH BAY. Application of Associates of South Bay for the discontinuance, closure and abandonment of a portion of Holly Avenue beginning at the eastern boundary of Jade Street and running a distance of 167-04 feet along the southern boundary of Lot 15, Block 8, Lynnhaven Shores. Said parcel is 25 feet in width and contains 4,180.75 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 - 17 - Item II-G.l.b. PUBLIC HEARING PLANNING ITF14 # 26287 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council DEFERRED for thirty (30) days until the City Council Meeting of December 8, 1986, or whenever the application for the Street Closure by the developers of Salt Marsh Point (HUDGINS AND ASSOCIATES) is SCHEDULED for City Council, an Ordinance upon application of HUDGINS AND ASSOCIATES, a Virginia Corporation, for the discontinuance, closure and abandonment of a portion of Huntsman Drive (formerly Denver Avenue) Application of Hudgins and Associates, a Virginia Corporation, for the discontinuance, clsoure and abandonment of a portion of Huntsman Drive (formerly Denver Avenue) beginning at the northern boundary of Brant Road and running a distance of 170 feet more or less in a northerly direction. Said parcel contains 9,000 square feet more or less. LYNNHAVEN BOROUGH. The Mayor advised the City Staff would co-ordinate the two applications for Street Closures. If there should be some delay on the Salt Marsh Point application, the Huntsman Drive Street Closure will be heard within thirty (30) days. This DEFERRAL will also enable the Viewers to review the Street Closure again as their previous report was approximately two years old. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 18 - Item II-G.l.c. PUBLIC HEARING PLANNING ITEM # 26288 Attorney Carl W. Isbrandtsen represented the applicant, Robert L. Sowder Robert L. Sowder, the applicant, represented himself Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council DENIED the application of CARL W. ISBRANDTSEN (ROBERT L. SOWDER) for a Variance to Section 4.4 (b) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Carl W. Isbrandtsen (Robert L. Sowder). Property is located on the north side of Pungo Ferry Road, 279-45 feet west of Carmel Street. Plats with more detailed information are available in the Department of Planning. PUNGO 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 - 19 - Item II-G.l.d PUBLIC HEARING PLANNING ITEM # 26289 The City Clerk advised Robert Scott, Director of Planning, had received a letter from the applicant requesting WITHDRAWAL Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of MEGINNIS RFALTY AND DEVELOPMENT COMPANY for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF McGINNIS REALTY AND DEVELOPMENT COMPANY FOR A CHANGE OF ZONING DISTICT CLASSIFICATION FROM A-1 TO B-4 Ordinance upon application of McGinnis Realty and Development Company for a Change of Zoning District Classification from A-1 Apartment District to B-4 Resort-Commercial District on Lots 4 and 5, Block 108, Virginia Beach Development Company. Said parcels are located at 307 and 309 34th Street and contain 14,000 square feet. VIRGINIA BEACH 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 - 20 - Item II-G.l.e. PUBLIC HEARING PLANNING ITEM # 26290 Attorney Robert Cromwell represented the applicant and proferred various conditions Larry Barry, Engineer with Langley and McDonald, opoke in favor of the application. Sandra Tainter, represented the Red Mill Farms Civic Association and advised Association was not in OPPOSITION pending fulfillment of certain proffers Lou Pace, President of the Hunt Club Forrest Civic Association, spoke in OPPOSTION Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of ABBEY HORWITZ for a Change of Zoning: ORDINANCE UPON APPLICATION OF ABBEY HORWITZ FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO 0-1 Z011861127 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Abbey Horwitz for a Change of Zoning District Classification from AG-2 Agricultural District to 0-1 Office District on certain property located on the east side of General Booth Boulevard, 560 feet more or less north of Red Mill Boulevard. Said parcel is located at 2028 General Booth Boulevard and contains 35,719 square feet. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Trees on the rear of the parcel shall remain, if possible. If not possible, category II screening shall be provided along the eastern and southern property lines abutting the residential area. 2. Office building shall be constructed with a colonial design in keeping with the Nimmo Church area Historical and Cultural District. Construction shall not exceed thirty (35) feet or two stories. 3. Parking lot lighting shall be low in height and directed to the interior of the property. 4. Applicant shall constuct a right-turn ingress lane from General Booth Boulevard. 5. There shall be only one curb cut from General Booth Boulevard with reciprocal cut by agreement with the adjoining property owner, Mrs. Frances Hartley. 6. Any sign shall not exceed seven (7) feet and shall be landscaped. 7. All plans shall be subject to the approval of the Red Mill Farm Homes Association prior to Site Plan approval. 8. Agreements encompassing these conditions shall be recorded with the Clerk of Virginia Beach Circuit Court. - 21 - Item II-G.l.e. PUBLIC HEARING PLANNING ITEM # 26290 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh day of October, Nineteen Hundred and Eighty-six. Voting: 8-3 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 and John L. Perry Council Members Voting Nay: John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker Council Members Absent: None - 22 - Item II-G.l.f. PUBLIC HEARING PLANNING ITEM # 26291 William Davenport, represented the applicant A MOTION was made by Councilwoman McClanan, seconded by Councilwoman Parker to DENY Ordinances upon application of OLIVE W. MALBON for Changes of Zoning from AG-2 to I-2 and from R-3 to I-2 on certain property located on the west side of Harpers Road (PRINCESS ANNE BOROUGH). This MOTION was WITHDRAWAN. Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council ALLOWED WITHDRAWAL of Ordinances upon application of OLIVE W. MALBON for Changes of Zoning: ORDINANCE UPON APPLICATION OF OLIVE W. MALBON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO I-2 Ordinance upon application of Olive W. Malbon for a Change of Zoning District Classification from AG-2 Agricultural District to I-2 Heavy Tndustrial District on certain property located on the west side of Harpers Road, 1900 feet more or less north of London Bridge Road. Said parcel contains 13-33 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF OLIVE W. MALBON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FORM R-3 TO I-2 Ordinance upon application of Olive W. Malbon for a Change of Zoning District Classification from R-3 Residential District to I-2 Heavy Industrial District on certain property located on the west side of Harpers Road, 1750 feet more or less north of London Bridge Road. Said parcel contains 29,185 square feet more or less. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Baiko, 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 - 23 - Item II-H.1 RESOLUTIONS ITEM # 26292 The following spoke in SUPPORT of the Resolution: Rae H. LaSesne, President of the Council of Civice Organizations Sandra Tainter, represented the Red Mill Farms Civic Association Lou Face, represented himself The following spoke in OPPOSITION to the Resolution: Attorney Hunter Sims, Kaufman and Canoles, represented Adams Outdoor Advertising (formerly Creative Displays) Laura Zambardi, represented Adams Outdoor Advertising (formerly Creative Displays) Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED, AS AMENDED:* Resolution directing the Planning Commission to consider the Ordinances that would regulate - all @ BILLBOARDS within the City of Virginia Beach and to make recommendations on these Ordinances to City Council within Thipty Sixty Days. "Said Resolution shall be amended as follows: The word "ATTACHED" in the caption of said Ordinance shall be eliminated. The Word "BAN" in the caption shall be replaced with the word "REGULATE". The word "NEW" shall be eliminated and "WITHIN THIRTY DAYS" shall be replaced by "WITHIN SIXTY DAYS" in the caption. The first paragraph beginning "WHEREAS ... " shall be eliminated. In the the third pargagraph, line two, the word "banning" shall be replaced by the word "regulation" and the word "n,w" shall be eliminated. In the fourth paragraph, line three, the word "thirty" before the word "days" shall be replaced by "sixty" before the word "days". Voting: 11-0 Council Members Voting Aye; Albert W. Balko, John A. Baum, Robert E. Fentress, llarold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, John L. Perry and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: None - 23a - A RESOLUTION DIRECTING THE PLANNING COMMISSION TO CONSIDER ORDINANCES THAT WOULD REGULATE ALL BILLBOARDS WITHIN THE CITY OF VIRGINIA BEACH AND TO MAKE RECOMMENDATIONS ON THESE ORDINANCES TO CITY COUNCIL WITHIN SIXTY DAYS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, as follows: 1. That the Planning Commission consider ordinances calling for the regulation of all billboards within the City of Virginia Beach and all necessary changes to the Comprehensive Zoning Ordinance to accomplish this purpose; and 2. That the Planning Commission is hereby further directed to report back to City Council on this matter no later than sixty days from the date of this Resolution. Adopted this 3rd day of November, 1986, by the Council of the City of Virginia Beach, Virginia. KJC/clb Billboar.Res 10/28/86 10/29/86 11/3/86 1 November 3, 1986 - 24 - Item II-H.2 RESOLUTIONS ITEM # 26293 Rae H. LaSesne, President of the Council of Civic Organizations, spoke in favor of this Resolution. Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED: Resolution requesting the Special Study Committee established under Senate Joint Resolution 47 to NOT change the Subdivision Law to adversely affect the health, welfare and safety of the citizens of the Commonwealth. 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 - 24a - RESOLUTION REQUESTING THE SPECIAL STUDY COMMITTEE ESTABLISHED UNDER SENATE JOINT RESOLUTION 47 TO NOT CHANGE THE SUBDIVISION LAW TO ADVERSELY AFFECT THE HEALTH, WELFARE AND SAFETY OF THE CITIZENS OF THE COMMONWEALTH WHEREAS, the Virginia General Assembly in its 1986 Session adopted Senate Joint Resolution 47 which was to study the use of private, professional engineers for the inspection of partial or final completion of certain subdivision facilities; and WHEREAS, since the Study Committee has met, it has expanded its study to include all aspects of the development process from preliminary subdivision submittal through plan review and inspection of infrastructure improvements as well as the individual dwelling units; and WHEREAS, there does seem to be inordinate delays in some jurisdictions of the Commonwealth in plan review and infrastructure facilities inspections; and WHEREAS, localities may now use either private engineering firms or local employees for plan review and inspections; and WHEREAS, the City of Virginia Beach reviews the vast majority of its preliminary subdivisions within 60 days and provides construction inspections within a timely manner, usually within 24 hours, and; WHEREAS, requiring localities to use private engineering firms for plan review and inspections raises questions of: 1) independence of a private inspection system from the developer whose project is inspected; 2) increased costs to the public and the consumer; and, 3) the loss of control by local goverriments over an area that is directly related to the health, welfare and safety of its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the Special Subcomittee established under Senate Joint Resolution 47 examine very carefully the impacts of November 3, 1986 - 24b - changing the subdivision law as it now exists, and that localities should not be required to use private engineering firms for plan review or inspection; and BE IT FURTHER RESOLVED: That the General Assembly of Virginia when it meets for its 1987 Session consider these same facts. Adopted by the Council of the City of Virginia Beach on the 3rd day of November 1986. November 3 1986 - 25 - Item II-I. CONSENT AGENDA ITEM # 26294 Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City Council APPROVED in ONE MOTION Items 1, and 2 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 - 26 - Item II-I.l. CONSENT AGENDA ITEM # 26295 Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City Council ADOPTED: RESOLUTION IN RECOGNITION R. Dean Lee Development Authority 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 - 26a - RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictablel No day comes back! Life is short at best! That which inakes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: R. DEAN LEE served as a member of the Virginia Beach DEVELOPMENT AUTHORITY from 1984 through August 1986. Throughout these years his dedication, commitinent and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Third day of November, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: R. D E A N L E E Given under my hand and seal, Mayor - 27 - Item II-I.2 CONSENT AGENDA ITEM # 26296 Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance Authorizing Tax Refunds in the amount of $5,183-81 upon application of certain persons and upon certification of the Treasurer for Payment Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None FORM NO. C.A- 7 - 27a - 10/23/86 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total Year of Tax Number tion No. Paid Qeorge P E & Dale H Randle 85 RE(1/2) 75012-6 12/5/84 19.64 Winchester Pt Assoc 86 RE(2/2) 113646-8 8/12/86 114.99 Ralph F & Sylvia Q Harris 86 RE(1/2) 41451-1 12/5/85 13.71 Ralph F & Sylvia Q Harris 86 RE(2/2) 41451-1 6/5/86 13.71 Melvin W& Jacqueline Wedeman 84 P,.E(1/2) 90684-3 1/11/84 42.47 Melvin W& Jacqueline t@ledemar, 84 RE(2/2) 90684-3 6/5/84 38.00 Melvin W& Jacqueline 1-tedeman 85 RE(1/2) 96216-6 12/5/84 38.00 Melvin W& Jacqueline Wedemarl 86 RE(2/2) 96216-6 6/5/85 38.00 Melvin W& Jacqueline Wedeman 86 RE(1/2) 103485-3 12/31/85 45.60 Melvin W& Jacqueline Wedeman 86 RE(2/2) 103485-3 6/5/86 45.60 William R Malendoski 86 pp 102657-6 9/12/86 10.53 William R Malendoski 86 pp 102658-5 9/12/86 16.87 William R Malendoski 86 pp 102659-4 9/12/86 16.60 William R Malendoski 86 pp 102660-1 9/12/86 10.64 William R Malendoski 86 pp 102661-0 9/11/86 .38 Gregory E McGrath 86 pp 108283-5 9/16/86 10.51 Gregory E McGrath 86 pp 108284-4 9/16/86 10.65 Adventure Restaurant Corp 86 pp 1168-2 7/11/86 4,302.08 Dona Lee Anderson 85 pp 3426-7 4/8/86 115.33 Charles W & Joni Zeltwanger 86 pp 181219-1 6/5/86 265.50 Dorothea B O'Connell N/A Pkng 87148 8/18/86 15.00 Total 5,183.81 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Certified as to payment; .81 were approved by the Council of the City of Virginia Beach on the @ day of form: Ruth Hodges Smith City Clerk City Attorney November 1 86 - 28 - Item II-J.1 APPOINT M TS ITEM # 26297 BY CONSENSUS, Cty Council RESCHEDULED the following APPOINTMENTS: COMKUNITY CORRECTIONS RESOURCE BOARD - 28 - Item II-J.1 APPOINTMENTS ITEM # 26297 BY CONSENSUS, Cty Council RESCHEDULED the following APPOINTMENTS: COMMUNITY CORRECTIONS RESOURCE BOARD - 29 - Item II-J.2. APPOINTMENTS ITEM # 26298 The Mayor ANNOUNCED APPOINTMENTS to the JUVENILE COURT STUDY COMMITTEE: Mayor Robert G. Jones Vice Mayor Meyera E. Oberndorf This Committee willl review concerns with City Staff concerning the Juvenile Court relative the space allocation, parking, most cost-effective physical location of the building and security needs and report back to City Council. - 30 - Item II-K.1 UNFINISHED BUSINESS ITF14 # 26299 The Mayor ADVISED he would be at the Clerk of the Circuit Court's Office on November 4, 1986, to hear the election returns concerning the BOND REFERENDA. The Mayor invited other Council Members to join him there.