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NOVEMBER 10, 1986 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. ]ONES, A@ L,,g, VICE MAYOR MEYERA E. OBERNDORF, A@ L.,g@ A@ERT W. BALKO, Ly@@h ... @ 8,@.gh JOHN A. BAUM, Bi.,@.,@ @@,h ROBERT E. FENTRESS, V@,i@i. B,-h @@,h HAROLD HEISCHOBER, A, @,,, BARBAP,A M. HEN@Y, P@@g@ B,@,h REBA S M@@NAN, P@-., A@@, @@.gh JOHN D. MOSS, K,.,@ill, @@.gh NANCY K. PARKER, A, @,g, JOHN L PERRY, B.,,id, B-,h 281 CITY HALL BUILDING MUNICIPAL CENTER RUTH HODGES SMITII CMC, Cil, Ci,k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-1/202 (804) 427-4303 November 10, 1986 VIRGINIA BEACH CITY COUNCIL ITEM I. INFORMAL SESSION: VIRGINTA BEACH CITY COUNCIL Conference Room - 12:00 PM 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. JOINT CABLE CENTER BOARD 2. 1987 LEGISLATIVE PROPOSALS Mr. Robert Matthias, Intergovernmental Relations Coordinator E. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. FORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 FM A. INVOCATION: Reverend John T. LeGault, Jr. Scott Memorial United Methodist B. PLEDGE OF ALLEGIMCE 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. MINUTES 1. Approval of City Council Minutes: a. INFORMAL & FORMAL SESSIONS: November 3, 1986 F. PUBLIC HEARING 1. PLANNING - BY CONSE14T a. Application of First Presbyteriau Church of Virginia Beach for a Conditional Use Permit for a church addition on certain property Ti-tuated at the n r@theast corner of 36th gtreet and Sea Pines Road, at 303 36th Street, containing 1.29 acres (Virginia Beach Borough). Recommendation: APPROVAL b. Application of Church of St. Gregory the Great, Catholic Diocese of Richmond, for a Conditional Use Permit for a church addition on property located 200 feet south of Virginia Beach Boulevard, 290 feet more or less west of Clearfield Avenue, at 5345 Virginia Beach Boulevard, containing 14.62 acres (Bayside Borough). Recommendation: APPROVAL c. Application of Fellowship Independent Baptist Church for a Conditional Use Permit for a church addition on the southwest side of Indian River Road, 774.34 feet southeast of Hawks Bill Drive, at 5045 Indian River Road, containing 3.83 acres (Kempsville Borough). Recommendation: APPROVAL d. Application of All Saints Episcopal Church for a Conditional Use Permit for a church (new sanctuary & renovations) on certain- property located at the northwest intersection of Woodside Lane and Adam Keeling Road, at 1968 Woodside Lane, containing 5 acres (Lynnhaven Borough). Recommendation: APPROVAL e. Application of Expressway Inn Associates, a Virginia Partnership, for a Conditional Use Permit for a 92-unit motel on certain property located on the south side of Greenwich Road 250 feet east of Newtown Road, containing 1.114 acres (Bayside Borough). Recommendation: APPROVAL - f. Application of Bennie R. Wiley, Jr. for a Conditional Use Permit for automobile sales and repair on the south side of Virginia Beach Boulevard, 460 feet more or less west of North Plaza Trail containing 2,969 acres (Lynnhaven Borough). Recommendation: APPROVAL g. Application of Aimee Joyce Avery for a Conditional Use Permit for a restaurant on certain property on the south side of George Mason Drive, 568.21 feet west of North Landing Road at 2425 George Mason Drive, containing 1.26 acres (Princess Anne Borough). Recommendation: APPROVAL G. ORDINANCES 1. Ordinance to authorize the acquisition of property in fee simple for expansion of the Nunicipal Complex aad the acquisition of temporary and permanent easements either by agreement or by condemnation. 2. Ordinance to transfer $17,530 within the Comissioner of the Revenue's Budget for two additional clerical positions in the Taxation Division. 3. Ordinance to authorize a temporary encroachment into a portion of City property known as Lake Joyce to Dallas V. Norman, Sr. and Charlotte G. Norman, their heirs, assigns and successors in title. H. 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. Ordinance to amend and reordain Section 21-11 of the City Code of the City of Virginia Beach, Virginia, pertaining to Traffic School for Violators. 2. Amended Agreement to expand the JOINT CABLE CENTER BOARD from three (3) to five (5) members to be appointed by the City Manager and the Superintendent of Schools. 3. Ordinance authorizing license refunds in the amount of $2,194.61. 1. UNFINISHED BUSINESS J. NLRW BUSINESS K. ADJOURNHENT Item VI-E.1 MINUTES ITal # 26429 Upon motion by Councilman Fentress, seconded by Councilman Ba.lko, City Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of November 17, 1986. Councilwoman Henley referenced the MINUTES of November 10, 1986, Item #26308, SAND REPLENISHMFNT. Councilwoman Henley requested line one in the second paragraph be eliminated: "Sand will be made available on the basis of the interested groups expressing their wishes to the City regarding the Baltimore Channel." 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 Item II-E.1 MINUTES ITEM # 26370 Relative Page 39, Item I-D.I., last paragraph, Vice Mayor Obernorf requested the MINUTES be corrected to read as follows: Viee @4ayei- gbernde)rf reqaes%ed %he wgrding Gn +L@ b 8 City GGU14G!l B.Ot iQ Refopenda ann.G@rni-14g Caj@i;tal im@emen% Ppe,49e%s, tlq4-s 'II be a impr@nts-11 "Vice Mayor Oberndorf asked that if it was desired by the majority on the Council that a raising of the limit for the City's General Obligation Bonding Authority be put on the ballot. Then, it is her desire the question be clearly worded so that the public would be aware that @y raising this $10- MTLLION cap, they are giving the Council the right to borrow money without the approval o the public throuph Referenda. She did not agree with doing away with the public's participation in financial Referenda." Councilwoman Henley referenced Page 3, Item #26308, SAND REPLENISHMENT: There are two typographical errors: Line Three should state: "Secretary Watts advised Phase I Thimble Shoals Dredging Project would @ not be a source of sand suitable for the beaches. In the second paragraph, line three, the sentence should correctly read: "Secretary Watts requested Virginia Beach and other interested parties make renewed requests for this material and begin making the preparations you find legally necessary to accept this material when available." Councilwoman Parker referenced Page 7, TAX INCREASE, ITEM # 26322 Councilwoman Parker referenced: "Councilman Heischober had a more feasible plan." She stated the words "more feasible" were more of an editorial comment and the sentence should be rephrased. Councilman Heischober advised the MINUTES reflected his comments exactly. The Mayor suggested placing quotation marks around "feasible". M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 10, 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 10, 1986,at 12:00 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 - 2 - MAT T E R S BY T HE MAYOR BOND REFERENDA ITEM # 26301 The Mayor expressed pleasure with the Vote on the REFERENDA. Although the Great Neck Community Center was DEFEATED, it appeared the twelve precincts in the vicinity of same supported this by a substantial margin. MAYORIS REPORT #4 ITEM # 26302 The Mayor distributed a copy of his report (#4) to Members of City Council, the Staff and the Press. TOUR OF THE TARGET AREAS ITEM # 26303 The Mayor referenced the TOUR of the TARGET AREAS. Although the TRT bus was a rather "bumpyll ride, the City staff was to be commended as they readily responded in detail to all of City Council's inquiries. The Mayor expressed appreciation to Councilman Perry for the suggestion. SCHOOL BOARD/ COMMUNITY SERVICES BOARD ITEM # 26304 The Mayor advised discussions on November 7, 1986, with the SCHOOL BOARD and the COMKUNITY SERVICES BOARD were most beneficial. THE BREEDEN COMPANIES ITEM # 26305 The Mayor referenced Ordinances upon application of THE BREEDEN COMPANIES for Changes of Zoning from B-2 to A-3 and B-1 to A-3 on Military Highway in the Kempsville Borough. This Application had been SCHEDULED for the City Council Meeting of November 24, 1986. The Planning Commission recommended denial concerning these Ordinances, and questioned whether A-2 would be acceptable to the applicant. At that particular time, it was not acceptable. The prospective buyers and sellers have reviewed the contract and now believe A-2 Apartment District would be appropriate. The Mayor advised he had referd their application back to the Planning Commission for review with reference to the A-2 District before being heard by City Council This application will NOT be heard by the City Council on November 24, 1986. SCHOOL BOARD ITEM # 26306 The Mayor read the letter of Robert H. Callis, Vice Chairman of the Virginia Beach School Board, expressing appreciation for serving on the Board, and his desire not to be reappointed. - 3 - MAT T E R S BY T HE MAYOR GOVERNOR'S REPORT TO TOP MANAGEMENT ITEM 26307 The Mayor and Vice Mayor will attend the GOVERNOR'S REPORT TO TOP MANAGEMENT in New York City on November 13, 1986. The Governor will address prospective business as in the hopes of attracting them to Virginia. SAND REPLENISHMENT ITEM 26308 The Mayor referenced a letter from Vivian E. Watts, Secretary of Transportation and Public Safety, dated November 7, 1986. Secretary Watts advised Phase I Thimble Shoals Dredging Project would be be a source of sand suitable for the beaches. The amount of beach-quality dredged material from this first element, a 50-foot outbound channel only, is quite limited. The sand that can be placed on the beach will be within the next five (5) feet and will involve the Phase II Project which is anticipated to be completed within a two year period. Sand will be made available on the basis of the interested groups expressing their wishes to the City regarding the Baltimore Channel. Secretary Watts requested Virginia Beach and other interested parties make renewed requests for this material and begin making the preparations the City finds legally necessary to accept this material when available. The City Manager advised the City has been on record since 1983 of requesting dredged material and reiterated this request on numerous occasions followed by the City Council's Resolution on May 15, 1986, directed to the Governor. The Governor suggested the City advise the Virgnia State Port Authority. (Copy of said letter is hereby made a part of the record). The Mayor advised he was quite concerned by this response from Secretary Watts. - 4 - C 0 N C E R N S 0 F C I T Y C 0 U N C I L DESIGNkTED AREA TOURS ITEM # 26309 Councilwoman Parker further referenced the TARGET AREA TOUR was a good exercise and might be a good idea to utilize in other areas such as relative rezonings in the various Boroughs. This also afforded an opportunity to meet staff members of the Community Development and Housing Authority. Councilman Perry believed this was only the 'licing" on the cake, a more thorough TOUR of the TARGET ARFAS was desirous. Councilwoman McClanan believed the TOUR did need a more specific purpose, if same was conducted again. CITY COUNCIL BENEFITS ITEM # 26310 Councilman Baum referenced serving on the City Council was becoming a full time job. The Mayor advised the various Boards and Commissions and Council Members from the various area cities are very interested in securing a Retirement Program. SANDBRIDGE RESOLUTIONS ITEM # 26311 Councilwoman McClanan advised that she and Council Members Balko and Henley had met with Members of the SANDBRIDGE COMMMITTEE. Another meeting is SCHEDULED for November 12, 1986, at 9:00 A.M. when the proposed Resolutions will be discussed and revised. A fairly extensive analysis is desirous and the Report of Richard Browner, Chairman of the Coastal Study Committee, should be completed as quickly as possible. ROBERT M. STANTON (GOODMAN-SEGAR-HOGAN) BORROW PIT ITEM # 26312 Vice Mayor Oberndorf referenced the Ordinance upon application of ROBERT M. STANTON for a Conditional Use Permit for a Borrow Pit in the Kempsville Borough, which has been EXPEDITED BY THE PLANNING COMMISSION to their November 12, 1986, Meeting and to the City Council Meeting of December 1, 1986. Vice Mayor Oberndorf advised four Members of City Council will be KBSENT at this particular Council Meeting to attend the National League of Cities Conference (Congress of Cities and Exposition 1986 - November 29-December 3, San Antonio, Texas). Vice Mayor Oberndorf requested this item be RESCHEDULED to a night meeting either in December or January. Vice Mayor Oberndorf requested Council's consideration as to whether the City Council Meeting of December 1, 1986, could be RESCHEDULED in its entirity to a later date. The City Manager advised this will be discussed in the Formal Session in order for Robert Scott, Director of Planning, to respond to same. - 5 - C 0 N C E R N S 0 F C I T Y C 0 U N C I L PIEDMONT AIRLINES MAGAZINE ITEM # 26313 Vice Mayor Oberndorf referenced a clever advertisement in the Piedmont Airlines Magazine entailing a "resumell for the City of Richmond attempting to secure new businesses and listing the objectives of the City. Vice Mayor Oberndorf further referenced another ad concerning Hanover County and the Article announcing the Winners of the Piedmont Airlines Pace Magazine 1986 Silver T Award (best luxury golf resorts in the States of Virginia and West Virginia). Hells Point Golf Club is listed as one of the outstanding Golf Courses. MAYORtS CO@IMITTEE ON THE HANDICAPPED IT]24 # 26314 Steve Johnson, Chairman of the Mayor's Committee on the Handicapped, has suggested a $10 fine does not deter people form utilizing the spaces reserved for the handicapped. Mr. Johnson suggested a fine of forty ($40) dollars be instituted. Vice Mayor Oberndorf requested the fines on the handicapped spaces be considered as a separate item from other parking violations and the fine for parking in a handicapped space be raised to a fine Of twenty-five ($25) dollars. The City Manager advised he had requested a recommendation from the Chief of Police. CHARTER A@IENDMENT ITIN # 26315 Vice Mayor Oberndorf requested the REPEALING of the Charter Amendment which allowed the borrowing of $8-Million a year for the next ten years. PARKER OIL COMPANY CONDITIONAL USE PERMIT ITEM # 26316 Councilwoman Henley referenced an Ordinance upon applcation of PARKER OIL COMPANY for a Conditional Use Permit for an auto service station in the Pungo Borough. This item was EXPEDITED BY THE PLANNING COMMISSION to their Meeting on November 12, 1986 and SCHEDULED for the City Council Meeting of November 17, 1986. Councilwoman Henley expressed concern that the City Council would be unable to review same without a transcript of the proceedings. COASTAL STUDY TEAMS ITEM # 26317 Councilman Perry advised the University of Virginia and the Unviersity of North Carolina are the two best Coastal Study teams in the Country and they have produced some excellent monographs cocnerning when the sand leaves to the shore until it gets to the bottom of the Ocean. The clay stays on top, the good sand goes to the bottom - 6 - C 0 N C E R N S 0 F C I T Y C 0 U N C I L PROPERTY TAX BILLS ITEM # 26318 Councilman Heischober referenced the two parts to the real property tax bill. One portion advises if a receipt is desired, return same in the envelope. The private sector utilizes the consumer's check as a receipt. The majority of people send both parts back automatically requiring a return. If the City Manager would investigate, possibly aprpoximately $50,000 a year could be saved. Councilman Heischober believed this format should be changed. Councilman Moss advised a number of banks no longer return customer's checks. DUPLICATIONS ITEM # 26319 Councilman Perry referenced duplications of mailing by City Departments to the same address advising husband and wife of the same information. COMMUNITY CENTERS ITEM # 26320 Councilman Heischober referenced a statement by the Media attributed to the Mayor and Vice Mayor. This statement concerned the City Council scaling down the City's Community Centers (Recreation Centers). Councliman Heischober believed this was the wrong procedure. Vice Mayor Oberndorf advised she had recommended going to a REFERENDA with full size Bayside, Great Neck and Princess Anne Community Centers (Recreation Centers) and also stated perhaps City Council will have to investigate the possibility of installing smaller Community Centers in all the Boroughs. Vice Mayor Oberndorf advised she had left the door open entirely for all the Boroughs to be addressed at the same time concerning Community Centers. Councilwoman Henley requested the Staff determine if the Kempsville Recreation Center (Communty Center) is being utilized as a neighborhood facility or a city-wide facility. Council should investiage how Recreational Facilities can be provided for the whole City. Councilman Balko advised he had stated the City would probably not see any more Community Centers based on the existing formula. Councilman Balko further advised a tax district might be beneficial. Councilman Perry requested the average age be considered when planning Community Centers. REPLACEMENT OF CERTAIN SIGNS ORDINANCE ITI24 # 26321 Councilman Heischober distributed a DRAFT of an Ordinance to Authorize the Replacement of Certain Signs located on property condemned for the Widening of Virginia Beach Boulevard. (Said DRAFT is hereby made a part of the record). Councilman Heischober requsted this item be placed on the City Council Agenda of November 17, 1986. The City Attorney will investigate whether this Resolution needs to be referred to the Planning Commission. The Staff shall advise City Council of the State's policy concerning widening of Virginia Beach Boulevard and the effect upon the business signs. - 7 - 0 0 N C E R N S 0 F C I T Y C 0 U N C I L TAX INCREASE ITEM # 26322 Councilwoman Parker referenced an article in THE BEACON concerning Councilman Heischober's remarks to fight the "tax increase" resulting from the REFERENDA. Councilman Heischober had a more feasible plan. BAN ON PHOSPHATES ITEM # 26323 Councilman Balko distributed a DRAFT of a Resolution to BAN PHOSPHATES. (Said Resolution is hereby made a part of the record). Councilman Balko requested this Resolution be SCHEDULED for the City Council Meeting of November 17, 1986. - 8 - CITY MANAGER'S INFORMAL BRIEFING JOINT CABLE CENTER BOARD November 10, 1986 ITEM # 26324 The City Manager advised the JOINT CABLE GENTER BOARD was established on January 22, 1986. The City Staff recommends the composition of the Board be expanded from three (3) members to five (5) members: The Director of Public Information for the the City of Virginia Beach, the Director of Community Relations for the School Board and three (3) additional persons (not employees of either party to the agreement). This expansion of the Board would allow for a diversity in experience, expertise and general telecommunications knowledge in the categories of television management, production and techinical operations. (See Item II-H.2 of the CONSENT AGENDA). The City Manager requested City Council RECESS after the FORMAL SESSION to RECONVENE for the BRIEFING on the 1987 LEGISLATIVE PROPOSALS. - 9 - ITFM # 26325 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 Balko, seconded by Councilwoman Henley, City Council voted to proceed into EXFCUTIVE 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 - 10 - ITEM # 26326 Mayor Robert G. Jones RECONVENED the INFORMAL SESSION at 1;50 P.M. The City Manger shared with City Council his concerns of "Major Issues": Water and Sewer Study Tax Increase resulting from Voter-approved Referenda Water Impact Fee Ordinance Pay Plan Bond Rate (proposed) Budget Trends and Issues Legislative Package Municipal Center Master Plan Atlantic Avenue Traffic Circulation Study Proposed Lease/Sales: City Marina - Lynnhaven Inlet Dome Birdneck Road Property - 11 - F OR MA L S E S S ION VIRGINIA BEACH CITY COUNCIL November 10, 1986 2:00 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, November 10, 1986, 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 John T. LeGault, Jr. Scott Memorial United Methodist PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 12 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA ITEM # 26327 BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. Item II-D.1 PLANNING BY CONSENT AGENDA ITEM # 26328 Councilman Balko referenced the application of ALL SAINTS EPISCOPAL CHURCH for a Conditional Use Permit for a church (new sanctuary & renovations) on certain property located at the northwes@intersection of Woodside Lane and Adam Keeling Road, at 1968 Woodside Lane, containing 5 acres (Lynnhaven Borough). (See Item II-F.l.d of the PLANNING BY CONSENT AGENDA). This item will be pulled for a separate vote. Item II-D.2 PLANNING BY CONSENT AGENDA ITEM # 26329 The City Clerk referenced an application of BENNIE R. WILEY, JR., for a Conditional Use Permit for automobile sales and repair on the south side of Virginia Beach Boulevard, 460 feet more or less west of North Plaza Trail containing 2,969 acres (Lynnhaven Borough). (See Item II-F.l.f of the PLANNING BY CONSENT AGENDA). This item will be pulled for a separate vote. The applicant wishes to speak concerning the condition. - 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 CITY COUNCIL, INFORMAL SESSION. The date of Jack Whitney's Meeting was incorrectly lsited as Monday, November 11, 1986. Same should be corrected to read Monday, November 10, 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 agreed to by 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: Norie - 14 - Item II-F.1 PUBLIC HEARING PLANNING ITEM # 26331 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING ITEMS BY CONSENT a. FIRST PRESBYTERIAN CHIJRCH OF VIRGINIA BFACH CONDITIONAL USE PERMIT b. CHURCH OF ST. GREGORY THE GRFAT CONDITIONAL USE PERMIT c. FELLOWSHIP INDEPENDENT BAPTIST CHURCH CONDITIONAL USE PERMIT e. EXPRESSWAY INN ASSOCIATES CONDITIONAL USE PERMIT g. AIMEE JOYCE AVERY CONDTIONAL USE PERMIT PLANNING d. ALL SAINTS EPISCOPAL CHURCH CONDITIONAL USE PEFd4IT f. BENNIE R. WILEY# JR. CONDITONAL USE PERMIT 1 5 Item II-F.l. PUBLIC HEARING PLANNING BY CONSENT ITEM # 26332 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED in one MOTION Items II-F.I.a., II-F.I.b., II-F.l.c., and II- F.l.e. and II-F.l.g. Item 11-F.l.d and II-F.l.f were voted upon separately. 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 Council Members Abstaining: Mayor Robert G. Jones VERBALLY ABSTAINED on Item II-F.l.a - FIRST PRESBYTERIAN CHURCH - Mayor Jones is a Member of the Governing Board and a Member of the Church. - 16 - Item II-F.l.a PUBLIC HEARING PLANNING BY CONSENT ITEM # 26333 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of THE FIRST PRESBYTERIAN CHURCH OF VIRGINIA BFACH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE FIRST PRESBYTERIAN CIIURCH OF VIRGINIA BEACH FOR A CONDITONAL USE PERMIT FOR A CHURCH R01186986 BE IT HEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The First Presbyterian Chruch of Virginia Beach for a Conditional Use Permit for a church addition on certain property located at the northeast corner of 36th Street and Sea Pines Road. Said parcel is located at 303 36th Street and contains 1.29 acres. Plats with more detailed information are available in the Department of Planning. VIRGINIA BEACH BOROUGH. The following condition shall be required: 1. No right-of-way dedication is required so long as the structure is a temporary one. However, should the structure become permanent, a dedication of right-of-way will be required along the frontage on Sea Pines Road to provide for a 50-foot standard right-of-way. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of November, Nineteen Hundred and Eighty-six. 1 7 Item II-F.l.a. PUBLIC HEARING PLANNING BY CONSENT ITEM # 26333 (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 Coucil Members Voting Nay: None Council Members Abstaining: Mayor Robert G. Jones VERBALLY ABSTAINED. Mayor Jones is a Member of the Governing Board of the the First Presbyterian Church of Virginia Beach. Council Members Absent: None - 17a - STATEMENT OF CONSENT APPLICANT: First Presbyterian Church of Virginia Beach APPLICATION: Conditional Use Permit DESCRIPTION: Church Addition CITY COUNCIL SESSION: November 10, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BF-ACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIR14ATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. No right-of-way dedication is required so long as the structure is a temporary one. However, should the structure become permanent, a dedication of right-of-way will be required along the frontage on Sea Pines Road to provide for a 50-foot standard right-of-way. r//Zir D@8@AW -- or ifl@.flc d@ -- Owner By: 7' /Agent Date: - 18 - Item II-F.l.b. PUBLIC HEARING PLANNING BY CONSENT ITEM # 26334 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of CHURCH OF ST. GREGORY THE GREAT, Catholic Diocese of Richmond for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHURCH OF ST. GREGORY THE GREAT, CATHOLIC DIOCESE OF RICHMOND, FOR A CONDITIONAL USE PERMIT FOR A CHURCH R01186987 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Church of St. Greogry the Great, Catholic Diocese of Richmond, for a Conditional Use Permit for a church addition on property located 200 feet south of Virginia Beach Boulevard, 290 feet more or less west of Clearfield Avenue. Said parcel is located at 5345 Virginia Beach Boulevard and contains 14.62 acres. plats with more detailed information are available in the Department of Plannning. BAYSIDE BORUGH. The following condition shall be required: 1. A 10-foot reservation of right-of-way is required along the frontage of Virginia Beach Boulevard. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of November, Nineteen Hundred and Eighty-six. 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 Coucil Members Voting Nay: None Council Members Absent: None - 18a - STAT@T OF CONSENT A,PPLICANT: Church of St. Gregory the Great, Catholic Diocese of Richmond APPLICATION: Conditional Use Permit DESCRIPTION: Church Addition CITY COUNCIL SESSION: November 10, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BFACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATTON FOR AMEND14ENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. A 10-foot reservation of right-of-way is required along the frontage of Virginia Beach Boulevard. Ownei' By: @r/Attorney/Aejefit Date: le(, - 19 - Item II-F.l.c. PUBLIC HEARING PLANNING BY CONSENT ITEM # 26335 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of FELLOWSHIP INDEPENDENT BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FELLOWSHIP INDEPENDENT BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION R01186988 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Fellowship Independent Baptist Church for a Conditional Use Permit for a church addition on the southwest side of Indian River Road, 774-34 feet southeast of Hawks Bill Drive. Said parcel is located at 5045 Indian River Road and contains 3.83 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following condition shall be required: 1. Dedication of right-of-way is required along the frontage on Indian River Road to provide for an ultimate six (6) lane divided arterial, as per the Master Street and Highway Plan. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth d@y of November, Nineteen Hundred and Eighty-six. 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 Coucil Members Voting Nay: None Council Members Absent: None - lga - STATEMMT OF CONSENT APPLICANT: Fellowship Independent Baptist Church APPLICATION: Conditional Use Permit DESCRIPTION: Church Addition CITY COUNCIL SESSION: November 10, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRt4ATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. Dedication of right-of-way is required along the frontage on Indian River Road to provide for an ultimate six (6) lane divided arterial, as per the Master Street and Highway Plan. By: Owner/Attorney/Agent Date: - 20 - Item II-F.I.d, PUBLIC HEARING PLANNING ITEM # 26336 Attorney Wallace B. Smith, represented the applicant Reverend Stanley Sawyer, Pastor of All Saints Episcopal Church, also represented the applicant The following registered in support of the applicant but did not speak: Ian Goodwin Fred Schubert The following spoke in OPPOSITION to the location of the Playground: Margaret Harris, resident of Adam Keeling Road Marjorie Couch, resident of Adam Keeling Road John E. Kuklica, represented his mother Josephine Parker, an adjacent resident The City Clerk referenced letters in OPPOSITION from residents. Said letters are hereby made a part of the record. Upon motion by Councilman Perry, seconded by Councilman Balko, City Council DEFERRED for two weeks until the City Council Meeting of November 24, 1986, an Ordinance upon application of ALL SAINTS EPISCOPAL CHURCH for a Conditional Use Permit: ORIDNANCE UPON APPLICATION OF ALL SAINTS EPISCOPAL CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (NEW SANCTUARY & RENOVATIONS) Ordinance upon application of All Saints Episcopal Church for a Conditional Use Permit for a church (new sanctuary & renovations) on certain property located at the northwest intersection of Woodside Lane and Adam Keeling Road. Said parcel is located at 1968 Woodside Lane and contains 5 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. This DEFERRAL will enable Mr. Smith to confer with the owner of the Flower Bed, which is leased by a resident of Westminister Canterbury, concerning possible relocation near Adam Keeling Drive and thus relocating the Playground in this vicinity further from Adam Keeling Drive. The Church will present a map depicting the relocation. 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 Coucil Members Voting Nay: None Council Members Absent: - 21 - Item II-F.l.e. PUBLIC HFARING PLANNING BY CONSENT ITEM # 26337 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of EXPRESSWAY INN ASSOCIATES, a Virginia Partnership, for a Conditional Use Permit: ORDINANCE UPON APLICATION OF EXPRESSWAY INN ASSOCIATS, A VIRGINIA PARTNERSHIP FOR A CONDITONAL USE PERMIT R01186989 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Expressway Inn Associates, a Virginia Partenrship for a Conditional Use Permit for a 92-unit motel on certain property locat-ed on the south side of Greenwich Road, 250 feet east of Newtown Road. Said parcel contains 1.114 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of November, Nineteen Hundred and Eighty-six. 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 Coucil Members Voting Nay: None Council Members Absent: None - 22 - Item II-F.l.f. PUBLIC HEARING PLANNING TTEM # 26338 Bennie R. Wiley, Jr., the applicant advised he would be unable to fulfill the condition ao he does not own the property Robert J. Scott, Director of Plannning, advised this particular condition need not be included as the State had instituted condemnation proceedings. Upon motion by Councilwoman Parker, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of BENNIE R. WILEY, JR., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BENNIE R. WTLLEY, JR., FOR A CONDITONAL USE PERMIT FOR AUTOMOBILE SALES AND REPAIR R01186990 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Bennie R. Wiley, Jr., for a Conditional Use Permit for automobile sales and repair on the south side of Virginia Beach Boulevard 460 feet more or less west of North Plaza Trail. Said parcel is located at 3443 Virginia Beach Boulevard and contains 2.969 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVL-IN BOROUGH This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of November, Nineteen Hundred and Eighty-six. 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 Coucil Members Voting Nay: None Council Members Absent: Norie - 23 - Item II-F.l.g. PUBLIC HEARING PLANNING BY CONSENT ITEM # 26339 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of AIMEE JOYCE AVERY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF AIMEE JOYCE AVERY FOR A CONDITIONAL USE PERMIT FOR A RESTAURANT R01186991 BE IT HEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Aimee Joyce Avery for a Conditional Use Permit for a restaurant on certain property located on the south side of George Mason Drive, 568.21 feet west of North Landing Road. Said parcel is located at 2425 George Mason Drive and contains 1.26 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of November, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold fieischober, 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 Coucil Members Voting Nay: None Council Members Absent: None - 24 - Item II-G.1 ORIDNANCES ITEM # 26340 Upon motion by Councilman Heiachober, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize the acquisition of property in fee simple for expansion of the Municipal Complex and the acquisition of temporary and permanent easements either by agreement or by condemnation. 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 Coucil Members Voting Nay: None Council Members Absent: None - 24a - AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR EXPANSION OF THE MUNICIPAL COMPLEX AND THE ACQUISITION OF TEMPORARY AND PERIIANENT EASEMENTS EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia 6each, Virginia, a public necessity exists for the acquisition of one or more parcels of property for future building sites and related improvements for the development of and expansion of the Municipal Complex and for the preservation of the safety, health, peace, good order, convenience, moral and welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemiiation pursuatit to Section 15.1-898, et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple including temporary and permanent easements as shown in the "MASTER DEVELOPMENT PLAN UPDATE FOR THE VIRGINIA BEACH MUNICIPAL CENTER," being on file in the office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Secti on 2. That the City Attorriey is hereby authorized to make or cause to be made in behalf of the City of Virgiriia Beach, to the extent that funds are available, a reasonable offer to the owners or persons havfhg an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10th day of November 1986. J AR : kg 1 1 / 5 / 86 CONTENIS-' DEPARTMENT APP@OVEP AS TO LEGAL - 25 - Item II-G.2. ORDINANCES ITEM # 26341 Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to transfer $17,530 within the Commissioner of the Revenue's Budget for two additional clerical positions in the Taxation Division. 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 Coucil Members Voting Nay: None Council Members Absent: None 25a 0 AN ORDINANCE TO TRANSFER $17,530 WITHIN THE COMMISSIONER OF THE REVENUE'S BUDGET FOR TWO ADDITIONAL CLERICAL POSITIONS IN THE TAXATION DIVISION WHEREAS, the Office of the Commi@sioner of the Revenue has requested and received approval from the Virginia State Compensation Board for two addi- tional clerical positions to address deficiencies in the area of taxation, and WHERF,AS, the salaries and fringe benefits costs for these two posi- tions, effective November 15, 1986, are estimated at $17,530 which will be partially reimbursed by the Compensation Board, and WHEREAS, funds for the additional positions may be obtained through a transfer from the Temporary Salaries account in the Commissioner of the Revenue's budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $17,530 are hereby transferred within the Cormnissioner of tbe Revenue's budget to cover the costs of two additional clerical positions effective November 15, 1986. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th d,y of November 1986. K,kR/I ORD23 - 26 - Item II-G-3- ORDINANCES ITEM # 26342 The following spoke in Opposition: James W. Bloxsom Allison L. Maynard Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City Council DEFERRED until the City Council Meeting of November 24, 1986: Ordinance to authorize a temporary encroachment into a portion of City property known as Lake Joyce to Dallas V. Norman, Sr. and Charlotte G. Norman, their heirs, assigns and successors in title. The City Council directed the City Clerk to notify those speakers who registered on both October 6, 1986, and November 10, 1986 of this DEFERRAL. 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 Coucil Members Voting Nay: None Council Members Absent: None - 27 - Item II-H. CONSENT AGENDA ITEM # 26343 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items 1, 2 and 3 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 Coucil Members Voting Nay: None Council Members Absent: None - 28 - Item II-H.1 CONSENT AGENDA ITEM # 26344 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to amend and reordain Section 21-11 of the City Code of the City of Virginia Beach, Virginia, pertaining to Traffic School for Violators. 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 Coucil Members Voting Nay: None Council Members Absent: None 28a - 0 v I0 AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-11 OF THE CITY CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO TRAFFIC SCHOOL FOR VIOLATORS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-11 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: f]D+ A judge of any court hearing cases in the city may, upon a finding of guilty in any traffic case, require attendance of an offender at sueh--sehOO17 a traffic school, conducted or certified by the department of motor vehicles, as provided in section 46.1-16.1 of the Code of Virginia. No person, not a resident of the city, shall be required to attend such school. Attendance at such school may be in lieu of or in addition to any penalty prescribed by law, and failure to comply with an order of the court to attend such school shall be punishable as a contempt of such court. Adopted by the Council of the City of Virginia Beach, Virginia on November 10 1986. WEB/lmt 09/ 03 / 86 - 29 - Item II-H.2 CONSENT AGENDA ITEM # 26345 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED: Amended Agreement to expand the JOINT CABLE GENTER BOARD from three (3) to five (5) members to be appointed by the City Manager and the Superintendent of Schools. 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 Coucil Members Voting Nay: None Council Members Absent: None 29a JOINT CABLE CENTER JOINT CABLE CENTER BOARD i@ THIS AGREEMENT, entered into this _ day of I 1986, by and between the CITY OF VIRGINIA BEACH and the SCHOOL 'BOARD OF THE CITY OF VIRGINIA BEACH, as political subdivisions of the Commonwealth of Virginia. W I T N E S S E T H That for, and in consideration of, the mutual covenants contained herein, and for other good and valuable consideration, @@the City of Virginia Beach and the School Board of the City of @Virginia Beach, pursuant to the authority granted in s 15.1-21 !of the Code of Virginia, as amended, do hereby agree to jointly undertake the establishment and operation of a JOINT CABLE CENTER and the creation of a JOINT CABLE CENTER BOARD for the purposes, @and in accordance with the terms and conditions, set forth 'Lbelow: 1. Purposes. a. This Agreement is designed to facilitate management of the "education access" channel (Channel 28) and the "local Igoverranent access" channel (channel 29) provided to the aforementioned parties by Cox Cable Virginia Beach pursuant to l@Section 7 of the cable franchise agreement granted to Cox Cable Virginia Beach by the City of Virginia Beach on May 17, 1976. ii b. Said facilitation of management shall be accomplished by the consolidation of funding and personnel, and @,the coordination of physical resources to establish a JOINT CABLE I CENTER. C. This Agreement further creates a JOINT CABLE CENTER BOARD as a separate entity to oversee operations of the JOINT CABLE CENTER. The composition, duties, responsibilities, and lauthority of the "Board" shall be as set forth herein. 2. Term of Agreement. a. This Agreement shall become eff6ctive irmnediately lupon its approval by both the City Manager and the Superintendent lof Schools and shall terminate automatically on May 17, 1991, unless otherwise extended by mutual written agreement of the parties hereto. b. This Agreement may be terminated at any time Illprior to its natural termination by mutual written agreement of ithe parties hereto. 3. Disposition of Center property. Upon termination of this Agreement, either naturally or by imutual written agreement of the parties hereto, all property held @by the Center shall be disposed of as follows: a. Property purchased or contributed solely by the ,City of Virginia Beach shall revert back to the City. b. Property purchased or contributed solely by the iSchool Board shall revert back to the School Board. c. Property purchased or contributed by both partion shall be disposed of: 2 (i) By sale, as authorized by the Board, with proceeds being distributed according to a party's pro rata share of the original purchase or contribution, or (ii) By purchase from the Center by either party jupon payment to the other party of its pro rata share of the ;ioriginal purchase or contribution. d. Any disputes regarding disposition of Center iproperty shall be submitted to the Board, whose decision shall be final and binding. 4. Nature of agreement. The legal relationship between the parties hereto created by this Agreement shall, for the purposes of this Agreement, be a lijoint venture". 1 5. Joint Cable Center Board. a. Composition. The Board shall be composed of five i(5) members; the Director of Public Information for the City of Virginia Beach, the Director of Community Relations for the ;School Board, and three (3) additional persons, not employees of I ,either party to this Agreement, who shall be appointed by the city Manager and the Superintendent of Schools, one of whom shall be appointed to serve as Chairperson to the Board. b. meetings. (i) The Board shall meet periodically but not @less than once a month to discuss matters referred to it by the Center Manager, the Superintendent of Public Schools, and/or the City Manager. 3 (ii) Attendance by at least three (3) members of the Board shall be required before the Board can conduct business. C. Duties. It shall be the responsibility of the lBoard to: (i) Resolve issues that the Center Manager is unable to settle. (ii) Establish general policy, rules, and procedures regarding the use of the facilities, equipinent, and personnel which are a part of the Joint Cable Center. (iii) Hire and acbninister the position of the Center Manager. (iv) Submit an annual report to the i Superintendent of Public Schools and the City Manager regarding the operation of the Center. (v) Recomend the annual budget of the Center to ihe city manager and the Superintendent of Public Schools for funding. (vi) Request additional budgetary funding as may be needed to maintain the ongoing development of the Center, and (vii) Resolve all matters regarding Center personnel which cannot be settled by the Center Manager. 6. Joint Cable Center Manager. a. Hiring process. (i) The Board shall cause the position of "Joint Cable Center Manager" to be advertised. The Director of Public 4 and the Director of Community Relations shall then i,Information laccept and review applications for the position, and shall interview no less than three (3) applicants that they determine (unless fewer than three applicants ,Ito be the most qualified apply). After the interview phase of the hiring process, the IlBoard shall hire the candidate who it deems in its discretion, toI be the most qualified. b. Duties of Center Manager. It shall be the duty of zne manager to: (i) Insure the efficient utilization of Center @iifacilities, equipment, and personnel while meeting the productionI ineeds of the respective Coordinators and producers. (ii) Insure that Center facilities, equipment, nd personnel are available for the periods of time requested and that all equipment is in good working order when needed. (All ersonnel shall be available ,@facilities, equipment and necessary p iduring all regular City and School work days. The Center Manager shall coordinate with other Center personnel to insure that ,Isufficient support staff is available on those days which are )holidays for one party but not for the other.) (iii) Maintain the City's and Schools' portable ieguipment in good working order. (iv) Provide access to facilities and equipment iduring nonworking hours as needed. (v) Insure that all Center facilities are in ,igood condition to facilitate ease of use. 5 (vi) Insure efficient and effective broadcast management of Channels 28 and 29. (vii) Provide for necessary training to insure @lthat any personnel other than those of the City and School cable Ilunits are adequately qualified prior to their use of loaned I I IlCenter equipment and facilities. (viii) Hire all Cable Center personnel other than those initially transferred from the City and Schools. I (ix) Perform such other duties as shall be I idetermined by the Board. 7. Center Personnel. All School and City employees "transferred" to the Center land all personnel (including the Center Manager) hired by the 'Center shall be covered under the City pay plan, and shall be 1,;covered under the policies and procedures of merit service. 8. General Policies regarding use of center. General policies governing the use of all Joint Cable Center !facilities and equiprnent shall be developed by the Center Manager !!and approved by the Board. 9. Joint budget preparation and approval. a. Initial budget. The initial budget shall be lprepared by the Board, with assistance from respective staff Imembers. The steps following the construction of the original 'ilbudget are the same as with subsequent annual budgets as idescribed below. b. Annual budget. The annual budget shall be 6 prepared according to the following guidelines: (i) The Center Manager shall prepare the annual budget, with input from Center personnel, and shall submit it to the Board for review and approval. (ii) The Board shall review the budget and, ny changes it has recommended to the Center Manager, shall, upon approval of the budget, submit it to the City Manager and superihtendent of Schools for review and approval. (iii) The budget shall then be forwarded to City Council for final approval and adoption. 10. Liability. Any liability of this joint undertaking shall be divided @lequally beween the participating parties and all settlements or liudgments in satisfaction of such liability shall be shared lequally by the participants. Notice of all claims shall be @ipromptly given to both participants. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers. CITY OF VIRGINIA BEACH City Manager ATTEST: City Clerk 7 SCHOOL BOARD Superintendent of Schools ATTEST-. Clerk of the School Board APPROV'ED AS TO FORM: City Attorney 8 - 30 - Item II-H-3 CONSENT AGENDA ITEM # 26346 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Oridnance authorizing License Refunds in the amount of $2,194.61 upon application of certain persons and upon certification of the Commissioner of the Revenue. 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 Coucil Members Voting Nay: None Council Members Absent: None 30a NO, CA. 8 MV. 3M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license returids, upon corttfication of the Commissbmr of the Revenue are hereby approved: NAME Ucense Date Ponatty lnt. Total Year Paid Adventures, Inc. c/o Lawrence E. Epplein, Director 416 Westover Mews Norfolk, VA 23507 1982 Audit 24.00 24.00 Howard M. & Joyce M. Brawner T/A Golden Images 917 Ferryman Quay Chesapeake, VA 23323 1982/83 Audit 135.60 135.60 GS & M Food Service, Inc. T/A Golden Skillet c/o A. Wilbur DeBaun #7 Koger Executive Center Norfolk, VA 23502 1985 Audit 328.33 32R.33 Cerldied as to Payment: F @bert P. Vaug-han Commissioner of the Revenue Approved as t /i /@ @ Dale Bimson This ordinance shall be effective from date of /Cdy Attomey adoption. The above abatement(s) totaling $487.93 were approved by the Council of the City of Virginia Beach on the day of Nnvpmhpr 19 'gr Ruth Hodges Smith City Clerk FOP.M NO. C.A 9 REV@ &W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: That the following aPPlications for license refunds, upon -rdfi-tion of the Cornmissioner of the Revenue are hereby approved: NAME License Date Base Penalty InL Totai Year Paid Ronald A. Smith T/A Action Accounting & Taxes 5441 Virginia Beach Blvd- Va. Beach, VA 23462 1986 062486 326.36 326.36 Lester W. Walizer T/A Walizer Sharp All Shop Box 122-B, Route 1 Machipungo, VA 23405 1983 Audit 25.00 25.00 B. N. Yussefieh T/A Fantasyland 1709 Whitehorne Road Va. Beach, VA 23455 1984/85 Audit 28.06 2R.06 Certified as to Payment: Vaughan Commissioner of the Revenue Approved as t This ordinance shall be effective from date of adoption. The above abatement(s) totaling .42 were approved by the Council of the City of Virginia Beach on the 10th day Of November 19 qr, Ruth Hodges Smith City Clerk MM NO, C.A, 0 FEV@ 3" AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That #m following applications for license refunds, upon oe@tion of #* Comnii of V* Revenue are hereby approved: Lk)ense Date Base Penalty lnt. Totw NAME Year Paid LiVingwell, Inc. T/A Livingwell Lady 6539 Auburn Drive Va. Beach, VA 1984/85 Audit 313.93 313.93 Shawn Pendleton & Scott Nyberg T/A S & S Kim 2035 Indian River Road Va. Beach, VA 23456 1984/86 Audit 30.96 30.96 Rainbow Parts Co., Inc. T/A Rainbow Parts Co. 841 Juniper Crescent, S-104 Chesapeake, VA 23320 1985/86 Audit 667.77 667.77 Certified as to Payment: Robert P. Vaughan Commissioner of the Revenue 0 This ordinance shall be eflective from date of adoption. The above abatement(s) totaling 1,012.66 were approved by the Council of the City of Virginia Beach on the lqth day ot November 19 gr, Ruth Hodges Smith City Clerk NO. CA. 9 FEY. 3" AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATK)N OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the follovang applications fOr license refunds, upon ce@tion of the Comrni r Of 0- Revenue are hereby approved: Lioense Date Base Ponatty lnt. Totai NAME YOW Paid Handicap Services, Inc. 3041 Stratford Drive Chesapeake, VA 23321 1986 Audit 99.34 99.3A Hirschler Shoes, Inc. C/0 Brian Hirschler Shoes, Inc. 7534 Granby Street Norfolk, VA 23505 1984 Audit 87.83 97.83 Maurice N. Lessard, Jr. T/A Lessard Construction 3980 Richardson Road Va. Beach, VA 23455 1984/85 Audit 127.43 127.A3 Certified as to Paynient: Robert P. Vaug /1 Commissioner of the Revenue This ordinance shall be aflective from date of adoption. The above abatement(s) totaling $314.60 were approved by the Council of the City of Virginia Beach on the "t, day of November 19 86 Ruth Hodges Smith City Clerk - 31 - Item II-I.1 UNFINISHED BUSINESS ITEM # 26347 ADD-ON BY CONSENSUS, City Council RESCHEDULED the Ordinance upon application of ROBERT M. STANTON (Goodman-Segar-Hogan) for a Conditional Use Permit for a borrow pit on the north side of Indian River Road, east of Elbow Road in the Kempsville Borough, until the City Council Meeting of December 22, 1986 - 32 - Item II-I.2. UNFINISHED BUSINESS ITEM # 26348 ADD-ON By Consensus, City Council RESCHEDULED the Tnformal, Executive and Formal Sessions of the City Council: From: Monday December 1, 1986 To: Thursday December 4, 1986 Four Members of City Council will be ABSENT December 1, 1986, as they will be attending the NATIONAL LFAGUE OF CITIES Meeting (Congress of Cities and Exposition 1986 - November 29-December 3, San Antonio, Texas). - 33 - Item II-I.3. UNFINISHED BUSINESS ITEM # 26349 ADD-ON Counciman Baum expressed concern relative the use of time in INFORMAL SESSION. Briefings which are SCHEDULED for INFORMAL SESSION should be heard. - 34 - Item II-I.4 UNFINISHED BUSINESS ITEM # 26350 ADD-ON Councilwoman Henley requested a TRANSCRIPT of the Ordinance upon application of PARKER OIL COMPANY for a Conditional Use Permit for an auto service station on the southwest corner of Princess Anne Road and Indian River Road in the Pungo Borough. This has been EXPEDITED to to the Planning Commission Meeting of November 12, 1986, and to the City Council Meeting of November 17, 1986. The City Manger advised the video-tapes can be made available to City Council as the Planning Commission Meeting is televised. - 35 - Item II-J.1 NEW BUSINESS ITEM # 26351 BY CONSENSUS, the City Council AUTHORIZED: The ABSTRACT OF VOTES from the November 4, 1986, General Election to be made a part of the proceedings of the Formal Session of November 10, i986. - 35a - ABSTRACTOFVOTESC-cistilitheCottlilyl(,,ilyof V@@a Beach Virginia, ui the General Election held the.first Tuesdcty affet- the fii@yt Monday in Noveinbei-, 19 86 for MEMBER HOUSE OF REPRESENTATIVES Secorid DISTRICT Total V.tes Rccei@d (1. Figu,@s) A. J. "Joe" Canada, Jr. 31,175 @n R Pirkptt 26,525 Stephpn P- qhao RS Al Balko 2 Dr. E. E. Brickell 4 2 Edward S. Davin 1 Diogenes 1 B. Donahue 1 .-rpnnifpr @in 1 @i e, tlie iiticlet@@igiied Elec-loi-al Boal-cl, itpon exaiiiinatioiz of the o c-ial recot-cls deposited with the Clel-k of the ffi Circiiit Coui-t of the election held on Novetnber 4 19 86 do hereby cel-tify that the above is ci it-uc eiiid (-oi-l-ect A I?sti-act o.f f,otes ctisi cit said elec-tioti foi- Meiyibel- oj' the Hotise of Repi-esentatives in ihe Col7gi-ess o.f ihe Utiiied State@5. Gii,eii iiiidei- otti- Itaii(Is tl?i,5 Fifth clct.v o,f Noveitibei-, 19 86 Chairman Vice Chairinun Secretary Secretary, Electoral Board Donald Duck 1 Charles E. Elks, Jr. 1 Bcb Engesser 1 David Rodney Glendon 1 Martin E. Gross 1 Alyce R. Hurley 1 Karen G. Jenkin I Louis Jmes 1 Glerm Mcclanan 1 @tickey Mouse 2 Nme of the above 1 Jim Powell I RLmyon @s 1 Ellis Rogers 1 Willian R. Runnells, Jr. 1 Steve Sandler 1 R. Scott 1 Three blind mice I Willian T. Turner 1 Willian Riitehurst 4 Beverly Woodhouse 1 ABSTRACT OF VOTES cast in the County/City of Vingi@i, Rp@h Virginia, at ttie Special Election held on November 4, 1986 for PROPOSED CONSTrrUTIONAL AMENDMENTS QUESTION 1: Shall the Constitution of Virginia be amended to allow any registered voter, who has not voted in four years, to continue to be registered if he so requests in writing and still lives at the.address listed on the registration records? Total Vot@ Rmci@ (In Figum) YES 46,322 NO 15,261 QUESTION 2: Shall the Constitution of Virginia be amended to allow government employees, except those who are elected or those who are employed by an elected official, to be appointed assistant voter registrars or officers of election? TotW Votm Received (I. Figum) YES 31,941 NO 25,700 QUESTION 3: Shall the Constitution of Virginia be amended so that the Virginia Supreme Court may answer questions of state law certified to it by a federal court or the highest appellate court of another state? Total Vot@ Rmeived (in Figum) YES 45,270 NO 12,287 QUESTION 4: Shall the Constitution of Virginia be amended so that the state may be given a right to appeal certain preliminary dismissals and exclusioris of evidence in felony cases? Total Voto R@@ed (in Fl@) YES 44,042 No 12,875 We, the undersigned Electoral Board, upon examination of the official records deposi- ted in the office of the Clerk of the Circuit Court of the election held on November 4, 1986, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the proposed amendments to the Constitution of Virg-inia. Given under our hands this Fifth day of November, 1986. Chairman Vice Chairman Secretary A copy teste: Secretary, Electoml Board ABSTRACT OF VOTES cayt in the CountylCity of Virginia Beach , Virginia, at the special election held on Nov@ 4 19@6 , on the following question or proposition: @ PM HIGHWAYS QUESTION: Shall the City of Virginia Beach, Virginia, contract a debt and issue its general cbliga- tion bonds in the maximln amomt of $40,000,000 pursuant to the City Char-ter and the Public Finance Act to provide fmds, together with other available funds, to finance continuing developnent of the City's street and highway systcm, includi-ng right-of @ y acquisition and construction of curbs, gutters, si , bikeways, bridges and stonn drainage facilities for the following projects: General Booth Boulevard - Phase II, Ferrell Parkway - Phase IC, Lynnhaven Parkway - Phase V, Northanpton Boulevard - Phase II, Lynnhaven Parkway - Phase VII, Indian River Road - Phase IV and Independence Boulevard - Phase IIA? Total Votm R=i@ed (in Fig.m) FOR (Y-) 40,652 A GAINS T (No) 21,208 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Colirt of the election on Nov@r 4 , 19@, do hereby certify ihat the above is a true and correct ,4bstract of Votes cast at said election for and against the question or proposition setforth above. Given under our hands this Fifth day,.Qf Nc) 19 86 ,py Chairman Vice Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the CountylCity of Virginia Beach , Virginia. at the special election held on @@r 4 19 R6 , on thefollowing question orproposition: TIONAL RACILITIES QUESTIC)N: Shall the City of Virginia Beach, Virginia, contract a debt and issue its general obliga- tion bonds in the maximlirn amount of $9,500,000 pursuant to the City Chart(--r and the Public Finance Act to provide funds, together with other available funds, to finance the expansion of the City's recrea- tional facilities by the construction and equipping of a ccrrmmity center in the Great Neck area? Total Vota Rm@i@.d (in Flg.m) FOR (Yes) 26-791 AGAINST(No) 34,529 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on Ncyvember 4 -, 19 86 , do hereby certify that the above is a true and correct A bstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this Pi ft-h day of @,@r 19 A6 - A copy lele: Chairman Vice Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the County lcity of Virqinia Beach I Virginia, at the special election held on Wn -r 4 19 86 , on thefollowing question orproposition: SCHOOLS QuEsTION: Shall the City of Virginia Beach, Virginia, contract a debt and issue its general obliga- tion bonds in the maximlim @t of $32,310,000 pursuant to the city charter and the Public Finarice Act to provide funds, together with other available funds, to finance continuing devel t of the City's school system, including site acquisition and construction, enlargement, renovation -d equipping of schools and related facilities for the following projects: West Keinpsville El@tary School II, Farmers' 14arket Junior High School Site Acquisition, London Bridge Elmmtary School Site AcquiSition, Red mill Farm Elementary School, Glen@ El@tary Schoc)l and Ocean Lakes El@ School? Total Vota FOR (Yes) 42,873 A GA INST (No) 19,854 We, the undersigned El@ctoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on Nov 4 -, 19 86 , do hereby certify ihat the above is a true and correct A bstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this Fifi-h -dayof @r 19 ar, A @py tesie: Chairman Vice Chairman Secretary Secretaty, Electoral Board ABSTRACT OF VOTES cast in the CountylCity of Virginia Bearh Virginia, at the special election held on No 4 19@, on thefollowing question orproposition: CHARTER AMENDMERR QUESTION: Shall the City of Virginia Beach request the General As@ly to @d the City's charter to provide for the direct election of the mayor? Total Votm R@ived (In Figum) FOR (Yes) 54,669 AGAINST(No) 6,803 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on 4 , 19 86 , do hereby certify that the above is a true and correct Abstract of Votes cast at said election for and against the question or proposition set forth above. Given under our hands this Pi f th day of @r 19 gr Chairman Vice Chairman Secretary Secretary, Electoral Board 40 - Item I-D. 1 1987 LEGISLATIVE PROPOSALS IT124 # 26354 (Continued) Vice Mayor Oberndorf requested a Charter Change concerning the REPEAL of the $8 MILLION a year borrowing ability. The Charter is not to remain the same with the $80 MILLION borrowing ability. This will be inserted in the Legislative Package to be presented to City Council at the City Council Meeting of November 17, 1986. Councilman Balko requested the Ban on Phosphate Detergents. This legislation was introduced at the last Session of the General Assembly and was defeated but there was a fair amount of support for same. Councilman Fentress recommended the issuance of Licensing for Mopeds. The State Income Tax Reform was offered by Councilman Moss and he requested same be deleted. The AGRICNTURAL ISSUES were requested by the Farm Bureau and the Agricultural Department. Councilwoman Henley referenced the Fairfax Legislative Package which requires the developer requesting a rezoning prove services are adequate. Mr. Matthias believed Fairfax had deleated this from their Legislative Package. BY CONSENSUS, another LEGISLATIVE WORKSHOP will be SCHEDULED for the City Council Meeting of November 17, 1986. - 41 - CITY MANAGER'S ITEMS Item I-D.1 BREAKFAST WITH LEGISLATORS ITEM # 26355 BY CONSENSUS, City Council TENTATIVELY SCHEDULED December 16, 1986, for the CITY COUNCIL BRFAKFAST with THE STATE LEGISLATORS. Councilwoman McClanan wished to present the SANDBRIDGE RESOLUTIONS to the Legislators at this Breakfast. - 42 - MATTERS BY THE MAYOR DAY CARE COMMITTEE REPORT ITEM # 26356 The DAY CARE COMMITTEE REPORT to be presented by Hector A. Rivera, Assistant City Manager for Human Services, has been RESCHEDULED for the December 8, 1986 City Council Meeting. SCHOOL BOARD INTERVIEWS ITEM # 26357 BY CONSENSUS, City Council advised the City Clerk should the 15-minute Scheduled Interviews for Appointments to the School Board exceed 5:00 P.M., to start scheduling backwards from 1:00 P.M. on November 24, 1986. - 36 - Item II-J.2 NEW BUSINESS ITEM # 26352 ADD-ON Councilman Perry expressed concern relative there being no OPPOSITION to certain items on the PLANNING COMMISSION AGENDA and then OPPOSITION does appear when these particular items are SCHEDULED for City Council. The Mayor advised this does place the appplicant in a difficult position to suddenly discover OPPOSITION. - 37 - Item II-K.1 RECESS INTO INFORMAL SESSION ITEM # 26353 Upon motion by Councilman Baum, secondeed by Councilman Heischober, City Council RECESSED into INFOR14AL SESSION (3:25 P.M.) after which to ADJOURN. The BRIEFING on the 1987 LEGISLATIVE PROPOSALS by Robert Matthias, Intergovernmental Relations Coordinator, will be presented. 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 Coucil Members Voting Nay: None Council Members Absent: None *Verbal Aye 38 - Item I-D.1 1987 LEGISLATIVE PROPOSALS ITEM # 26354 Mayor Robert G. Jones RECONVENED the INFORMAL SESSION OF THE VIRGINIA BEACH CITY COUNCIL for the purpose of presenting the 1987 LEGISLATIVE PROPOSALS. Mr. Robert Matthias, Intergovernmental Relations Coordinator, presented an INDEX of the 1987 LEGISLATIVE PROPOSALS: CHARTER CHANGE 1. Direct Election of Mayor PRIORITY ISSUES 2. State Assumption of Juvenile Court Service Unit 3. Funding of Education 4. Municipal Powers Expansion through Repeal of the Dillon Rule 5. Indigent Health Care 6. Virginia Beach Arts Center OTHER ISSUES (Listed Alphabetically) 7. Alternates to Board of Zoning Appeals 8. Business License Tax on Mini Warehouses 9. Changes ot Subdivision Law 10. Clean-up of Private Property 11. Fire Investigation Warrant 12. Hauling of Materials on Highways 13. Improper Driving 14. Increased Appropriation for Pendleton Child Center 15. Increased Funding for Administration of Maintenance of Community Services Programs 16. Mining and Milling of Uranium 17. Privacy Protection 18. Proration of Personal Property Tax 19. Tax Exemption for Water Works Equipment 20. Tax Relief for the Elderly and Handicapped 21. Tree Protection 22. Unclaimed Deposits ISSUES PROPOSED BY COUNCIL MEMBERS 23. Charter Change for Direct Election of School Board 24. Charter Change of the General Obligation Bonding Authroity 25. Ban on Phosphate Detergents 26. Licensing of Mopeds 27. State Income Tax Reform AGRICULTURAL ISSUES 1. Grain Grade Standards 2. Farmers Wholesale Markets 3. State Registration for New Pesticides 4. Two-Year Agricultural Course 5. Staffing Positions in the Extension Service. Mr. Matthias referenced State Assumption of the Juvenile Court Service Unit. Mr. Bruce Bright, Director of the Juvenile Court Service, was in attendance to respond to City Council inquiries. A memorandum concerning Juvenile Probation Assumption was distributed to City Council. Said Memorandum is hereby made a part of the record. The Juvenile Court Service Unit operated in Virginia Beach is currently a "local" service unit. This means that the majority of the funding provided to the court service unit comes from the locality, with the locality retaining more control over the court service unit. If the City court service unit were turned over to State control as has been done in numerous other localities, then the City would save a minimum of $825,368 based on the 1986/87 budget. The Mayor requested a compliation of the number of employees in the City who fall within this supplemental category and the cost to the City of said program. 39 - Item I-D. 1 1987 LEGISLATIVE PROPOSALS ITE14 # 26354 (Continued) Mr. Matthias advised Municipal Powers through Repeal of the Dillon Rule was a carry-over from last year. The General Assembly should reverse Dillon's Rule by constitutionally conferring on cities and charter counties all powers not denied them by the Constituion, their Charter or laws enacted by the General Assembly. Concerning Indigent Health Care, Virginia Beach is the lowest funded district of the State at $6.31 per resident compared to Norfolk which received $23.21. This will be conditioned on expanded Indigent Care to Virginia Beach by EVMS. This sentence will be added to the LEGISLATIVE PACKAGE. Vice Mayor Oberndorf extended congatulations to Dr. George C. Sjolund and Hector Rivera for their compliation of recommendations concerning Indigent Care. Concerning the Virginia Beach Arts Center, after an audience with the Governor, the Governor has suggested rather than requst $1,500,000 the Arts Center, request $200,000 as "good faith" money for the next year. The Governor would then make every effort to put the entire $1,500,000 into his Budget request for the full Biennium. Concerning Alternates to Board of Zoning Appeals, the City Council requested this particular item be investigated concerning whether or not the Court is able to appoint the alternates. City Council requested Garland Isdell, Chairman of the Board of Zoning Appeals, to write a letter to the Courts requesting they appoint the alternates. Relative Changes to Subdivision Law, as a result of C. Oral Lambert, Jr.'s, Director of Public Works, address to Richmond and presentation of City Council's Resolution, the Study Committee has decided NOT to recommend any changes to the Subdivision Law. This could be deleted from the Legislative Package. The Mayor asked the City Clerk to prepare a listing and provide copies to the Legislators of all Resolutions ADOPTED by the City Council in 1986 pertaining to Legislative Concerns in Virginia Beach. The Clean-up of Private Property was requested by Permits and Inspections. Councilwoman McClanan advised she had requested the City Attorney's Office to DRAFT a Charter Change concerning this topic. This would allow our City the same scope as most Cities. This will be submitted as a Charter Change. With relation to Fire Investigation Warrants, additional information will be provided by Robert Matthias. Concerning Tax Exemption for Water Works Equipment, the wording concerning same will be changed slightly. Concerning the Charter Change for Direct Election of School Boards, the wording is incorrect as an Adviory Referendum already exists. Virginia is the only State that does not allow Elected School Boards. Councilman Heischober believed an Advisory Referendum should be heard first before the Charter Change. Councilman Moss would have no objection to pulling this item and developing a specific proposal with the School Board and Members of City Council for public discussion on this item. Councilman Moss believed this might be on a November Referendum item for 1987. With relation to the Charter Change, the General Obligation Bonding Authority, Councilman Heischober had requested the Charter be amended to reflect the decrease in the purchasing power of the dollar. Councilman Heischober belieived the same philosophy as Direct Election of the School Board be applied to the General Obligation Bonding Authority and on the same Referendum. Vice Mayor Oberndorf requested the wording on the Ballot be revised. The City Council will not have to return to the people on Referenda concerning Capital Improvement Projects, this money will be available to continue to make the improvements. 4k 40 - Item I-D. 1 1987 LEGISLATIVE PROPOSALS ITEM # 26354 (Continued) Vice Mayor Oberndorf requested a Charter Change concerning the REPEAL of the $8 MILLION a year borrowing ability. The Charter is not to remain the same with the $80 MILLION borrowing ability. This will be inserted in the Legislative Package to be presented to City Council at the City Council Meeting of November 17, 1986. Councilman Balko requested the Ban on Phosphate Detergents. This legislation was introduced at the last Session of the General Assembly and was defeated but there was a fair amount of support for same. Councilman Fentress recommended the issuance of Licensing for Mopeds. The State Income Tax Reform was offered by Councilman Moss and he requested same be deleted. The AGRICULTURAL ISSUES were requested by the Farm Bureau and the Agricultural Department. Councilwoman Henley referenced the Fairfax Legislative Package which requires the developer requesting a rezoning prove services are adequate. Mr. Matthias believed Fairfax had deleated this from their Legislative Package. BY CONSENSUS, another LEGISLATIVE WORKSHOP will be SCHEDULED for the City Council Meeting of November 17, 1986.