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APRIL 8, 1985 MINUTES Cit@@f -Vir-&ri@i@ @@ek@la "WORLD'S LARGEST RESORT CITY" CTTY COLWCLL MA YOR HAROLD h7.ISCWOBM A i Lv. VICE.A(A YOR REM S M@AN. P-., A- @k JOJiN A. RA UM, Bi.@@ @k NANCY A. CREECH. At @ ROBERTE. @SS. V@ B.-h @h @ARA M. HENLEY, P-9. @k R. JACK JE@GS, JJL, L@ @A LOUJS R. JOAWS. B.Y@ @k ROBERT G. JONES. A, @ J. HENRY MCOY, JR.. K-@ @k M@ E. O@@ At Lv, 281 CRTY HALL BUMDING RON HODGES SA(FRH. aVC, Ctv 0-k CITY COUNCIL AGENDA MLWICIPAL @ VMC,rNIA B" CH, VDWINL4 @M 47@ April 8, 1985 Virginia Beach City Council MEE2'.rNG OF VXRGINIA BEACH CXTR COUNCIL - Conference Room - 1 PM A. CALL TO ORDER - Mayor Harold Heischober D. ROLL R-ALL OF COUNCXL C- MOI'XON 2'0 RECESS ZNTO EXECUTIVE SESSION ITEM Xr. RBGVLAR SESSION OF VIRGXmxA BEACH czry coUNCXL - Council Chambers - 2 Pm A. XVVOCARION: Reverend Roy R. Jackson United Methodist Conference, Retired B. PLEDGE OF ALLEG@CH TO THE FLAG OF THE UNIT-RD S!RATES OF AMER.TCA C. ELECTRONIC ROLL CALL OF CZTY COUNCIL D. CITY MANAGER'S ADMINISTIZA!RXVE ITEMS 1. Review of Consent AVenda E. JWORICOUNCZL - DRSCUSSION OF PERTINENT MATTERS ITEM 11. F. NZNUTBS 1. Motion to accept/approve the Minutes of April 1, 1985. G. PROCLAMATION 1. National Library week - April 14-20, 1985 H. PLANNING 1. Ordinance closing, vacating and discontinuizig portions of llth Street, Avenue S, Avenue T, Avenue U and Avenue V in the petition of Affordable Romes, Znc. (Kempsville Borough). a. Letter from the City Manager recommends deletion of the purchase requirement; and extend the 180-day compliance; AND, grant PZNAL approval. 2. Application of 0. D. Grijostead for a variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning ordinance. The applicant wishes to subdivide a 25.2-acre parcel from an overall tract of 96.5 acres. 7,he site is located on the west side of Princess Anne Road, 2,465 feet south of North Muddy Creek Road (Pungo Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 3. Application of George .7. and Constantine J. Karides for a conditional use permit for a gas station in conjunction with a grocery store on a 29,900-square foot parcel located at the southwest corner of Shore Drive and Wake Forest Street (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission to allow vithdraval- 4. Application of Steve S. Atkinson for a conditional use permit for a single-family dwelling in the AG-1 Agricultural District on a 72-acre parcel located north of Nort:h Muddy Creek Road, east of Charity Reck Road (Pungo Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 5. Application of Lack Associates for a conditional use permit for a recreational facility of an outdoor nature (boating facility) on a 3.66-acre parcel located on the west side of Sandpiper Road, south of White Cap Lane (Pungo Borough). a. Letter from the City Manager transmits the recommendation of the Planning, Commission for approval. 6. Application of Melvin 0. and Ruby S. Doxier for a conditional use permit for an auto repair facility on a 1.277-acre parcel located at the northeast corner of South Plaza Trail and Continental Street (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. ITEM II. H. PLANNING (Cont'd) 7. Application of Paul N. Sutton for a conditional use permit for an automobile repair facilitq on a 15,000-square fc>ot parcel located on the east side of Happy Street, south of Bonney Road (Lynnhaven Borough). a. Letter from the City Manager tran@ts the recommendation of the Planning Commission for approval. 8. Application of Steven Shane Griffin for a change of zoning from R-5 Residential District to A-1 Apartment District on a 17,250-square f(>ot parcel located on the north side of Potters Road, east of Gatewood Avenue (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for approval. 9. Application of George P. Darden, Jr. for a change of zoning from B-2 Community-Business District to A-2 Apartment District on a 10.961-acre parcel located on the north side of First Colonial Road, east of North Great Neck Road (Lynnhaven Borough). a. Letter from the City Manager transmits no recommendation from the Planning Commission due to a tis vote. 10. Application of Scott DevelqMent Company for a change of zoning from R-5 Residential District to 0-1 Office District n a three-acre parcel I(>Cated on the south side of old Donation Parkway, east of Calypso Lane (L@aven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for dental. 11. Application of John B. Baines and Chris S. Yoder for a chang,e of zoning from R-5 Residential District to 0-1 office District on an 11.172-acre parcel located on the north side of First Colonial Road, west of Mill Dam Road (Lynnhaven Borough). a. Letter from the City Manager transmits the recommendation of the Planning Commission for denial. 1. ORDINANCES 1. Ordinance, on FXRST READING, to appropriate $70,675 for a study of development south of the green line. 2. ordinance to amend and reordain Chapter 2 of the Code of the City of Virginia Beach, Virginia, by adding Sections 2-119 and 2-120 pertaining to employee sick leave. (This Ordinance was deferred March 4, 1985 for 30 days.) 3. Ordinance to amend Section 5 of the Site Plan Ordinance, Minimum Standards and Specifications Required, of the Code of the City of Virginia Beach, Virginia by adding thereto Subsection 5.2, and amending and reordaining Subsection 5.8 thereof. ITEM 11. J. CONSEN2, 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 21-16 of the Code of the City of Virginia Beach, Virginia, pertaining to exemptions for operators of emergency vehicles. 2. Ordinance to authorize a temporary encroachment into a portion of the right-of-vay of Ocean Avenue, to the Sandcastle NOtel, znc., its assigns and successors in title. 3. Raffle permit: Tiny Wonders Min.Lature Club of Va. Beach 4. Request of the City Treasurer for tax refunds in the amount of $1,063.54. 5. Request of the Commissioner of the Revenue for licns, refunds in the amount of $2,210.25. K. APPOINTMEMRS 1. Virginia Municipal League Standing Committees L. VNFXNXSHED BUSXNESS 1. Virginia Rear-h @orrow - Dr. E. T. Buchanan, Chairman 2. Resolution for City Council evaluation establishing a COMMISSion on Local Government to study in depth the compos-it-ion and organization of the CitY', form of government. (This Resolution was deferred from February 11, 1985.) 3. Discussion of dates for budget workshops 4. Abstract of VoteS - 1985 Bond Referendum - March 26, 1985 M. NEW BUSXNESS 1. Request of Jungle Falls for an amedment to , condition placed on a conditional use permit. N - AD.70ORNMERr 1- motion to adjourn. PUBLIC HEARING 7:00 p.M. PAVZLXON AUDZTORXUM APRXL 17, 1985 PY 1985-86 OPERArrNG BVDGET 5 Ite. II-F.I. MINUTES ITEM # 23468 upoD motoin by Councilwoman Creech, seconded by Councilman Louis ioies, city Council APPROVED the Minutes of April 8, 1985, with the followilig CORRECTION: ITEM # 23460 - page 33 - RESOLUTION/COMMISSION ON LOCAL GOVERNMENT The following words shall be DELETED in said Resolution. 1. Whether or not the size of City Council should be changed. (Corrected Resolution is hereby made a part Qf the proceediags). Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberadorf Council Members Voting Nay: None Council Members Abstaiiiing: Vice Mayor Reba S. McClanan Council Members Absent: None April 15, 1985 - 5a - R E S 0 L U T f 0 N WHEREAS: The City of Virginia Beach was created under its present charter on January I , 1963, wh i ch charter estab I i shed the current organization of City Council and the City government; WHEREAS: Since January 1, 1963, the City of Virginia Beach has grown in population from approximately 160,000 citizens to over 300,000 citizens and is projected to grow to a city of over 450,000 by the turn of the century; WHEREAS: Members of the public have, trom time to time, expressed concern regarding the size and organization of City Council and whether or not there should be a direct election for the Mayor of the City; WHEREAS: The City Council of the City of Virginia Beach desires that the public be served by Its local government in a manner that is most responsive to the present and future needs of the City and most effective In the economical and efficient operation of local government; and, WHEREAS: The City Council believes that a thorough examination of the structure of local government Is timely and that a study of it should be undertaken by a group of local citizens as objectively as possible without regard to partisanship but with due regard for promoting the public interest and welfare of the City. NOW THEREFORE, BE IT RESOLVED: That the City Council of the City of Virginia Beach establish a COMMISSION ON LOCAL GOVERNMENT to study in depth the cornposition and organization of the City's form of government and make recommendations, if it deems desirable, for alterations or modifications. In conducting the Study, the Commission shall address the foliowing matters and such other matters as may be deemed necessarily related: 1. Whether or not the size of City Council should be changed 2. Whether or not the formula for the representation on City Council of geographical areas of the City should be changed 3. Whether or not the Mayor should be elected by the City Council or directly by the voters The Commission shall be cornposed of people to be selected by the City Council. Adopted this Eighth day April, 1985 April 15, 1985 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 8, 1985 The Regular Meeting of the Council of the City of Virginia Beach, Virginia was called to order by Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday, Aprl 8, 1985, at 1:00 in the afternooii. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Absent: Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. Vice Mayor McClatian was on vacation Councilman McCoy entered the EXECUTIVE SESSION at 1:05 p.m. April 8, 1985 - 2 - ITEM # 23433 Mayor Heischober entertained a motion to permit Council to conduct its EXECU- TIVE 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. PUBLIC FUNDS INVESTMENT: The investing of public funds where competition or bargaining is involved, where if made public initially the financial interest of the governmental unit would be adversely affected. 4. 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 jurisdictioli of the public body. Upon motion by Couacilwoman Creech seconded by Councilman Louis Jones, City Council voted to proceed into the @XECUTIVE SESSION to be followed by the REGULAR SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and Meyera E. Oberildorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S. April 8, 1985 - 3 - R E G U L A R S E S S I 0 N VIRGlNIA BEACH CITY COUNCIL April 8, 1985 2-.00 p.m. Mayor Heischober called to order the Regular Session of the Virginia Beach City Council in the Council Chambers, City Hall Building, on Monday, April 8, 1985, at 2:00 in the afternoon. Council Members Present: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberadorf Council Members Absent: Vice Mayor Reba S. McClanan INVOCATION: Reverend Roy R. Jackson United Methodist Conference, Retired PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA April 8, 1985 4 Item 11-F. I MINUTES ITEM # 23434 Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council APPROVED the Minutes of April 1, 1985, with the following CORRECTION: Page 27 - ITEM # 23429 - NATIONAL LEAGUE OF CITIES CONFERENCE The word "mandates" shall be replaced with "manifests". "...If the City agrees to take any hazardous wastes iiito our Landfills, there are fflaft4dites manifests that will have to be signed." Voting; 8-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Barbara M. Henley, H. Jack Jenniiigs, Jr., Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberadorf Council Members Voting Nay: None Council Members Abstaining: Mayor Harold Heischober aDd Louis R. Jones Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 5 Item II-G.1 PROCLAMATION ITEM # 23435 Mayor Heischober PROCLAIMED the week of April 14-20, 1985 as NATIONAL LIBRARY WEEK This PROCLAMATION recognized America's Libraries as having nurtured this Nation of Readers by providing free access to vast resources of knowledge and informatioii. This PROCLAMATION was accepted by John H. Robertson, Chairman of the Public Library Board, and Martha J. Sims, Director of the Department of Public Libraries. April 8, 1985 5a WHEREAS, Americans are "A Nation of Readers," and reading has been an integral part of our national experience; and WHEREAS, America's libraries have nurtured this Nation of Readers by providing free access to vast resources of knowledge and information; and WHEREAS, the quality and quantity of information and services provided by libraries is dependent upon community support; and WHEREAS, our Virginia Beach libraries are celebrating National Library Week with the theme "A Nation of Readers"--a theme that encourages us to learn more, grow more, enjoy mare through the power and pleasure of reading, and expand our horizons by using the wide variety of written materials our libraries offer. NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach, do hereby proclaim the week of April 14-20, 1985 as NATIONAL LIBRARY WEEK in Virginia Beach and urge all citizens to become a part of this Nation of Readers by using their library this week and throughout the year. Given under my hand and seal this eighth day of April, nineteen hun- dred and eighty-five. H@ Mayor April 8, 1985 6 Item II-R. 1 PLANNING ITEM # 23436 Upon motion by Councilman McCoy seconded by Councilwoman Oberndorf, City Council GRANTED AN EXTENSION OF TIME for compliance, deleted Condition No. 1, AND ADOPTED Ordinance of FINAL APPROVAL upon the application oi AFFORDABLE HOMES, INC., for the closure of portions of llth Street, Avenue S, Avenue T, Avenue U, and Avenue V (Kempsville Borough). The Condition DELETED was: 1. The ultimate disposition of this right-of-way shall be by means of purchase rather than direct conveyance to the adjoinilig property owner, subject to deter- mination by the City Attorney's office. FINAL APPROVAL Application of Affordable Homes, inc. for the discontin- uance, closure and abandonment of portions of Ilth Street, Avenue S, Avenue T, Avenue U and Aveiiue V as showei on plat of "East Norfolk Annex" recorded in Map Book 4, Page 258. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jeniiings, Jr., Louis R. Jones, Robert G. Jones, Meyera E. Oberiidorf, and J. Heiiry McCoy, Jr., D.D.S. Couiicil Members Votirig Nay: None Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 6a - ORDINANCE NO. IN THE MATTER OF CLOSING, VACAT INUANCE PORTIONS OF THO!IE CERTAIN STREETS OF WAR N AS ilth SIREEI, AV ATED IN THE . A!) KE To BE SH BOROUGH- CL LERK'S vi L INIA". WH L RGINIA, OF T COURT OF vi IN 14AP BOOK AT PAGE WHEREAS, it appearing by affidavit that proper notice haS been givenIby Affordable HomeSi Inc., that it would make application to the Council to have of the City of Virginia Beach, Virginia, On the hereinafter described streets discontinued, closed, and Vacated; and WHEREAS, it is the judgment ot the Council that Said streets be discontinued, closed, and vacated; Now, [HEREFORE. SECTION I BE IT ORDAINED by the Louncil of the LitY Of Virginia Beach. Virginia, that the hereinafter described streets be discontinued, closed, and vacated: SEE NEXHLBII All ATTACHED HERETO Said parCeIS Of iand being portions ot Ilth Street, Avenue Avenue T. Avenue U. and Avenue V. as indicated on that Certain plat ot property to be vacated in Last Norfolk Annex for Aftordable Homes, Inc.. which plat is recorded in the Clerk's Otfice of the Circult COurt of the LitY Of Virginia Beach, Virginia, in Map Book at page and which iS made a part hereof by reference. SECTION 11 A certitied copy ot this Ordinance shall be tiled in the Office of the Circuit Court of the City of Virginia Beach. indexed in the na- of t6e City of Vijrginia Beach. as grantor. SECTION Ill April @ 1985 6b - EXHI'@IT A PARCEL ONE: Portion of Ilth Street. Beginning at the point Where the southerly side of th Street, as shown on the plat of East Norfolk Annex, which said plat is recorded in the Clerk'S Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 4, at page 258, intersects with the westerly side of Avenue V; thence N 65@ 16' Zo" W 69.30 feet to a point; thence N U0 29' O" W 52.26 feet to a point, thence S 65@ lb- 2U'- E 1135 feet to a point; thence along an arc to the left (with a radius ot 240.43 feet) a distance of 157.88 feet; thence N 6b' 16, 20" W 896.4U feet to the point of beginning. PARCEL TWO: Portion of Avenue S. Beginning at the point where the southerly side of lith treet as shown on the aforesaid plat intersects with the east- erly side of Avenue S; thence S O" 29' O" E 368.11 feet to a point; thence N 501 56, 24" W 64.84 feet to a point; thence N U* 29' U" W 350.37 teet to a point; thence 5 65' 16' 20" E 6b.26 feet to the point of beginning. PARCEL IHREE: Portion of Avenue T. Beginning at a point where the southerly side of lith S reet as shown on the aforesaid plat intersects with the easterly side of Avenue 1; thence S U' 291 O" E 317.95 feet to a point; thence N 72' 56' 24" W 52.89 feet to a point; thence N 01 29, O" W 324.23 feet to a point; thence S 65' 161 20" E 55.26 teet to the point ot beginning. PARCEL FOUR: Portion0f Avenue U. Beginning at a point where the southerly side of llth Street as shown on tne atoresaid plat intersects with the easterly side of Avenue U; thence S O' 29' U" E 352.20 teet to a point, thence N 720 56' 24" W 52.44 feet to a point; thence N O' 291 U" W 359.95 teet to a point; thence S 65' lb' 20" E b5.26 feet to the point of beginning. PARCEL FIVL: Portion of Avenue V. Beginning at a point where the southerly side of llth tr et as shown on the aforesaid plat intersects with the easteriy side of Avenue V; thence S O* 291 U" C 392.42 feet to a point; thenc N 72' 26' 24" W 52.49 feet to a point; thence N O* 29' O" W 400 feet to a point; thence S 65* 16' 20" E 5b.26 feet to the point of beginning. FINAL APPROVAL April 8, 1985 April 8, 1985 6c 309 y.M..VE. P-RKWAI ,,FRED ET.CRIDGE- JR VIRGIN.ABE,C. VIRG.NIAZ3452 EVIN M. BRUNICK 804@ 340 6706 CERTIFICATE OF VESTING TITLE Alfred Etheridge. Jr., attorney for Affordable Homes, inc., do hereby certity that: I s, nc., the 1. I am an attorney at law and represent Affordab e Home I Petitioner. ed, closed, and vacated 2. if the property described below is discontinu said by the Council of the City of virginia Beach, Virginia, then title to property will vest in Affordable Homes, Inc., the adjacent Jandowners and the holder of the underlying fee in said property. The said property referred to herein is hereby described as tollows: See "Exhibit A" attached hereto. April 8, 1985 7 Item II-R.2 PLANNING ITEM # 23437 The City Clerk referenced letter from Attorney Michael E. Wood dated March 27, 1985, requesting DEFERRAL of the Application of 0. D. GRIMSTEAD until the City Council Meeting of May 6, 1985. (Said letter is hereby made a part of the record). Councilwoman Henley referencod this property was actually subdivided in 1976 by DEED which had constituted an illegal subdvision. The appropriate procedures were not in affect at that time to keep same from occurring. They do have a fifty-foot frontage; however, it is believed the policy in 1976 allowed same. Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council APPROVED the application for a variance to Section 4.4(b) of the Subdivision Ordinance in the application of 0. D. GRIMSTEAD. Appeal from Decision of Administrative Officers in regard to certain elements of the Subdivision Ordiiiance, subdi- vision for 0. D. Grimstead. Property located on the west side of Princess Anne Road, 2465.46 feet south of North Muddy Creek Road. Plats with more detailed information are available in the Department of PlanniDg. PUNGO BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None April 8, 1985 Council Members Absent: Vice Mayor Reba S. McClanan 8 Item II-H.3 PLANNING ITEM # 23438 Upon motion by Councilman Jennings, seconded by Councilwoman Oberadorf, City Council ALLOWED WITHDRAWAL of an Ordinalice upon application of GEORGE J. AND CONSTANTINE J. KARIDES for a Conditional Use Permit as per the followiiig: ORDINANCE UPON APPLICATION OF GEORGE J. AND CONSTANTINE J. KARIDES FOR A CONDITIONAL USE PERMIT FOR A GAS STATION Ordiuance upon application of George J. and Constantine J. Karides for a Conditional Use Permit for a gas station in conjunction with a grocery store on certain property lo- cated at the southwest corner of Shore Drive aiid Wake Forest Street on Lots 58, 59, 108 and 109, Block 8, Cape Story by The Sea. Said parcel contains 29,900 square feet. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jeniiings, Jr., Louis R. Jones, Robert G. Jones, Meyera E. Oberiidorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent; Vice Mayor Reba S. McClanan April 8, 1985 9 Item II-H.4 PLANNING ITEM # 23439 Joan Atkinson represented the applicaiit and was in attendance to respoiid to any questions concerning the application Upon motion by Councilwoman Henley, seconded by CouncilwomaLi Oberndorf, City Council ADOPTED an Ordinance upon applicatioa of STEVE S. ATKINSON for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF STEVE S. ATKINSON FOR A CON- DITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING R0485733 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Steve S. Atkinson for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District on certain property lo- cated 600 feet north of North Muddy Creek Road, 1500 feet east of Charity Neck Road. Said parcel is lo- cated at 1328 North Muddy Creek Road and contailis 72 acres. Plats with more detailed information are a- vailable in the Department of Planning. PUNGO BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of April, Nineteen Hundred and Eigbty-five. Voting: 10-0 Council Members Votiiig Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jenniiigs, Jr., Louis R. Jones, Robert G. Jones, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 - 10 - Item II-H.5 PLANNING ITEM # 23440 Attorney Grover Wright represented the applicant Upon motion by Councilwoman Henley, seconded by Councilwoman Oberadorf, City Council ADOPTED an Ordinance upon application of LACK ASSOCIATES for a Conditioiial Use Permit as per the following: ORDINANCE UPON APPLICATION OF LACK ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY R0485@34 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Lack Associates for a Conditional Use Permit for a recreational facility of an outdoor nature (boating facility) on the west side of Sandpiper Road, 250.39 feet south of White Cap Lane. Said parcel is located at 3713 South Sandpiper Road and contains 3.66 acres. Plats with more detailed infor- mation are available in the Department of Planning. PUNGO BOROUGH. This Ordinance shall be effective upon the date of adoption. Adapted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of April, Nineteen Hundred and Eighty-five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Heiiley, R. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Meyera E. Oberndorf, aild J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 Item II-H-6 PLANNING ITEM 23441 The City Clerk referenced letter of April 4, 1985, from Vice Mayor Reba S. McClanan requesting a Condition of the Applicatioii of MELVIN 0. and RUBY H. DOZIER be: "All work shall be done on the interior". (Said letter is hereby made a part of the record). Upon motion by Councilman Jennings, seconded by Councilman Louis Jones, City Council DEFERRED for one week until the City Council Meeting of April 15, 1985, the Ordinance upon application of MELVIN 0. AND RUBY H. DOZIER for a Conditional Use Permit as per the following ORDINANCE UPON APPLICATION OF MELVIN 0. AND RUBY H. DOZIER FOR A CONDITIONAL USE PERMIT FOR AN AUTO REPAIR FACILITY Ordinance upon application of Melvin 0. and Ruby H. Dozier for a Conditional Use Permit for an auto repair facility on certain property located at the northeast corner of South Plaza Trail and Continental Street. Said parcel is located at 184 South Plaa Trail and contains 1,277 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH The Application was DEFERRED i, order for the applicants or their repre- sentatives to be in attendaiice to respond to any conditions imposed upon the application. Voting; 10-0 Council Members Voting Aye: Johii A. Baum, Nancy A. Creech, Robert E. Fentress, May.r Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Meyera E. Oberndorf, and J. Henry McCoy, Jr., D.D.S. Council Members Votiilg Nay; None Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 - 12 - Item II-H.7 PLANNING ITEM # 23442 Attorney Glen Croshaw represented the applicant and distributed a copy of a proposed AGREEMENT between Paul B. Sutton and the City of Virginia Beach (said copy is hereby made a part of the record) Richard Browner also represented the applicant Paul N. Sutton, the applicant, responded to Council's inquiries concerning the hours of operation The City Clerk referenced letters in opposition dated March 17, 1984 from Stan and Val Yedlowski and Hugh and Kathy Hacker (said letters are hereby made a part of the record). Upon motion by Councilman Jennings, seconded by Couiicilwoman Creech, City Council ADOPTED an Ordinance upon application of PAUL N. SUTTON for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF PAUL N. SUTTON FOR A CONDITIONAL USE PERMIT FOR AN AUT0140BILE REPAIR FACILITY R0485735 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Paul N. Sutton for a Con- ditional Use Permit for an automobile repair facility on certain property located oii the east side of Happy Street, south of Bonney Road on Lots 31 through 36, Block 9, East Norfolk. Said parcel contains 15,000 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. A 6-ioat 8-foot wooden anchor privacy fence shall be required along the southerii property line with planting of 6-foot pine trees, 5-foot apart outside of the southern property line. 2. The hours of operation for regularly 8cheduled repairs shall be from 6:00 a.m. to 10:00 p.m. 3. All work shall be done inside the building. 4. The exterior lights on the premises Of the automobile repair facility shall be shielded from the multi-family neighborhood. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of April, Nineteeii Hundred and Eighty-five. April 8, 1985 - 13 - Item 11-H. 7 PLANNING TTEM # 23442 (Continued) Voting: 9-1 Council Members Voting Aye: John A Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. HeDley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Meyera E. Oberndorf Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 - 14 - Item II-H.8 PLANNING ITEM # 23443 Attorney Glen Croshaw represented the applicant and referenced AMENDMENT of application from A-1 Apartment District to R-8 Residential District Dr. E. T. Buchanan, III, representiiig the Great Neck Association of Civic Leagues, registered in favor of the application, but did not speak The City Clerk referenced letter in opposition from Captain L. F. Norton, dated December 7, 1984, noting said application is in the AICUZ (said letter is hereby made a part of the record). Upon motion by Councilman Jennings, seconded by Councilwoman Creech, CitY Council ADOPTED an Ordinance upon application of STEVEN SHANE GRIFFIN for a Change of Zoniiig as per the following: ORDINANCE UPON APPLICATION OF STEVEN SHANE GRIFFIN FOR A CHANGE OF ZONING DISTRICT CLASSLFICATION FROM R-5 TO A-4 R-8 (AS MODIFIED) Z0485967 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon applicatioit of Steven Shane Griffin, for a Change bf Zoning District Classification from R-5 Resi- dential District to A-1-Apartment-E)istriet R-8 Residential District (AS MODIFIED) on certain property @ocated on the north side of Potters Road, 225 feet east of Gatewood Avenue. Said parcel is located at 2216 Potters Road and contains 17,250 square feet. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of April, Nineteen Hundred and Eighty-five. Voting; 7-3 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr., Louis R. Jones, aiid J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, Robert G. Jones, and Meyera E. Oberndorf Council Members Absent; Vice Mayor Reba S. McClanan April 8, 1985 - 15 - Item II-H-9 PLANNING ITEM # 23444 Attorney Grover Wright represented the applicant Joseph Boyd, resideiit of Virgiaia Beach, and developer of the proposed application, preseiited a site plan outlining proposed retention basin George F. Darden, Jr., the applicant, represeiited himself Father James Dorson' of the Holy Family Catholic Church, and adjacent resident, spoke in favor of the application. Opposition: August Schultz, represeiited the Architectural and Environmental Control Board Dr. E. T. Buchanan, III, Chairman of the Great Neck Association of Civic Leagues, spoke in Opposition The City Clerk referenced letter from the Architectural and Environmeiital Control Board (SYLVAN LAKE), dated April 5, 1985, concerning this application (said letter is hereby made a part of the record). A motion was made by Councilman JeLinings, seconded by CouLicilmaii Robert Jones to ADOPT an Ordinance upon application of GEORGE F. DARDEN, JR., for a Change of Zoning from B-2 Community-Business District to A-2-Apattmeftt B-i5tri@ A-1 Apartment District (AS MODIFIED) and development shall be in accord with site plan outlining proposed retention basin. After discussioll, Councilman Jennings, further AMENDED his MOTION to allow a density limitation of 132 units, and an AGREEMENT between GEORGE F. DARDEN, JR., and the City of Virgiiiia Beach shall be filed with the City Attorney. Voting: 5-5 (MOTION LOST TO A TTE VOTE) Council Members Voting Aye: Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jeiiiiings, Jr. and Robert G. Jones Council Members Voting Nay: John A. Baum, Barbara M. Henley, Louis R. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 - 16 - Item 11-H.9 PLANNING ITEM # 23445 (Contiriued) Upon motion by CouncilmaD Jennings, seconded by Councilman McCoy, City Council DEFERRED for one week, until the City Council Meeting of April 15, 1985, aii Ordinance upon application of GEORGE F. DARDEN, JR., as per the following: ORDINANCE UPON APPLICATION OF GEORGE F. DARDEN, JR. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO A-2 Ordinance upo@i application of George F. Darden, Jr., for a Change of Zoning District Classification from B-2 Community-Business District to A-2 Apartment District on certain property located on the iiorth side of First Colonial Road, 470 feet more or less east of North Great Neck Road. Said parcel contains 10.961. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Feiitress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones@ Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan *Verbal Aye April 8, 1985 - 17 - Item II-H.10 PLANNING ITEM # 23446 Martin L. Rosen, President of Structures of Virginia, lac., requested DEFERRAL for thirty days in order that additional information may be prepared concerning the rezoning. (Letter dated March 20, 1985, requesting DEFERRAL is hereby made a part of the record.) Opposition: Kevin Molloy, Great Neck Association of Civic Leagues E. T. Buchanan, 111, Chairman of the Great Neck Association of Civic Leagues C. Marvin Ward, resident of Calypso Lane Upon motion by Councilman Jennings, seconded by Councilman Baum, City Couiicil VOTED TO HEAR the Ordinance upoii application of SCOTT DEVELOPMENT COMPANY for a Change of Zoning from R-5 Residential District to 0-1 Office District. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 - 18 - Item 11-H.10 PLANNING ITEM # 23446 (Continued) Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City Council DENIED an Ordinance upon application of SCOTT DEVELOPMENT COMPANY for a Change of Zoning as per the following; ORDINANCE UPON APPLICATION OF SCOTT DEVELOPMENT COMPANYFOR A CHANGE OF ZONING DISTRICT CLASSI- FICATION FROM R-5 TO 0-1 Ordinance upon application of Scott Development Company, Inc., for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District on certain property located on the south side of Old Donation Parkway beginning at a point 80 feet more or less east of Calypso Lane. Said parcel contain 3 acres. Plats with more detailed information are available in the Department of PLanning. LYNNIIAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 - 19 - Item II-H.11 PLANNING ITEM # 23447 Attorney Glen Croshaw distributed a plat containg 23 residential building lots and a proposed AGREEMENT, a "SILTATION AND EROSION CONTROL NARRATIVE for Clearing and Grading of Baines-Yoder Property", and letters to Attorney Conrad M. Shumadine concerning property of James L. Whitehurst et al on First Colonial Road and Great Neck Road. Opposition; E. T. Buchanan, III, Chairman of the Great Neck Association of Civic Leagues spoke in opposition Letter from the Architectural and Environmental Control Board (SYLVAN LAKE) dated April 5, 1985, reflecting opposition to the application of JOHN B. BAINES and CHRIS S. YODER is hereby made a part of the record. A MOTION was made by Councilman Jennings, seconded by Councilman Robert Jones to DENY an Ordinance upon application of JOHN B. BAINES AND CHRIS S. YODER for a Change of Zoning from R-5 Residential District to 0-1 Office District on aa 11.172-acre parcel located on the north side of First Colonial Road, west of Mill Dam Road (Lynnhaven Borough). A SUBSTITUTE MOTION was made by Councilman Baum, seconded by Councilman McCoy to ADOPT an Ordinance upon application of JOHN B. BAINES and CHRIS S. YODER for a Change of Zoning. Couiicilman Baum requested Engineering Plans of this development. ORDINANCE UPON APPLICATION OF JOHN B. BAINES AND CHRIS S. YODER, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO 0-1 Z0485968 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Johii B. Baines aiid Chris S. Yoder for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District on certain property located on the north side of First Colonial Road beginning at a point 300 feet more or less west of Mill Dam Road, running a distance of 2004.73 feet along the north side of First Colonial Road, running a distance of 458.43 feet iii a north- easterly direction and running a distance of 2124.58 feet in a southeasterly direction. Said parcel contains 11.172 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. An agreement shall be filed with the City Attorney between Chris S. Yoder aiid John D. Baines and the City of Virginia Beach. 2. Access to the property described herein shall be limited to one (1) ingress-egress point along First Colonial Road. 3. Total square footage allowed for identification signs for the office complex to be built upon the property described herein shall not exceed ninety-six (96) square feet. 4. All exterior lighting for the office complex shall be provided with low ground lights. 5. No structure within the complex shall exceed the maximum height allowable for residential dwellirigs as of the date of said Agreement. April 8, 1985 - 20 - Item 11-H.11 PLANNING ITEM # 23447 (Continued) This Ordinance shali be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virgiuia, on the Eighth day of April, Nineteen Hundred and Eiizhty-five. Voting: 6-4 Council Members Voting Aye: John A, Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Louis R. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones, and Meyera E. Oberndorf April 8, 1985 Council Members Absent: Vice Mayor Reba S. McClanan - 21 - Item 11-1. I ORDINANCE ITEM # 23448 Councilwoman Henley referenced the purpose of the supplemental study effort appearing in the SUPPLEMENTAL AGREEMENT between the City of Virginia Beach and HARLAND BARTHOLOMEW & ASSOCIATES, INC. Councilwoman Henley quoted: "The purpose of this supplemental study effort is to develop a planning rational and procedure for permitting urban development south of the Green Line as defined in the Comprehensive Plan for the City of Virginia Beach, Virginia." As City Council was distributed the SUPPLEMENTAL AGREEMENT on the day of the Council Meeting, April 8, 1985, and there was iiot sufficient time for review, individual members of Council may express their modifications to said agreement to City Manager Thomas Muehlenbeck alid Jack Whitney, Chief of Comprehensive Planning, prior to the SECOND READING of the Ordinance to appropriate $70,675 for a Study of development south of the GREEN LINE. Upon motion by Councilman Baum, seconded by CouncilmaLi McCoy, City Council APPROVED an Ordinance, on FIRST READING, to appropriate $70,675 for a study of developmeiit south of the GREEN LINE, subject to modification prior to the SECOND READING, April Fifteenth. Voting: 7-2 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Louis R. Jones, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S. Council Members Voting Nay: Barbara M. Heilley and Meyera E. Oberndorf Council Members Absent: H. Jack Jennings, Jr., and Vice Mayor Reba S. McClanan April 8, 1985 - 21a - AN ORDINANCE TO APPROPRIATE $70,675 FOR A STUDY OF DEVELOPMENT SOUTH OF THE GREEN LINE WHEREAS, City Council on January 7, 1985 adopted a resolution directing the City Manager to have a consultant prepare and complete a land use implementation plan for development south of the green line, and WHEREAS, a consultant has been selected to prepare the plan at an estimated cost of $70,675, and WHEREAS, funding required for the plan can be appropriated from the general fund balance. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that funds in the amount of $70,675 be appropriated from the general fund balance for the land use implementation plan for development south of the green line. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the day of 19 FIRST READING: April 8, 1985 SECOND READING: April 8. 1985 - 22 - Item II-1.2. ORDINANCE ITEM # 23449 David H. Hewes, President of the Fraternal Order of Police Princess Anne Lodge No. 8, spoke concerning Employee Sick Leave and requested Sick Leave be accrued at the same rate as Aniiual Leave. He further referenced written medical proof of an illness, and compelisation for unused sick leave. Thomas Abbott, Police Officer with the City of Virginia Beach, Member of the Executive Board of the Virginia Beach Policemen's Benevolant Association, referenced the proposed Ordinance regarding Employee Sick Leave did not give ample opportunity for imput of all City Employees. Police Officers' work cali not be compared to the other City Employees. Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City Council ADOPTED, as AMENDED, an Ordinance to amend and reordain Chapter 2 of the Code of the City of Virginia Beach, Virginia, by ADDING Sections 2-119 and 2-120 pertaining to EMPLOYEE SICK LEAVE. la Paragraph 5, Section (b) (1), on line 5, the following sentence shall be DELETED: "Written medical proof of an employee's illness shall be required when utilizatioii of sick leave by an em- ployee exceeds forty-eight (48) consecutive hours in any calendar year." This Ordinatice will not become effective until Jaliuary 1, 1986. The Mayor APPOINTED Couiicilmen Fentress and Louis Jones to work with the City Manager to evaluate the various suggestions aild modifications submitted by employees and Council Members. Voting: 9-1 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Robert G. Jones Council Members Absent: April 8, 1985 Vice Mayor Reba S. McClanan - 22a - AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRCINIA, BY ADDING SECTIONs 2-119 AND 2-120 PERTAINING TO EMPLOYEE SICK LEAVE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 2 of the Code of the City of Virqinia Beach, virginia, is hereby amended and reordained by adding Sections 2-119 and 2-120 pertaining to sick leave: Section 2-119. Sick leave. (a) Sick leave shall be defined as leave with pay granted to an employee during periods of personal illness, temporary- disability (inclu 1 required confinement, and medical and dental office appointments. (b) All full-time, merit (including probational) emplo ees and appointees and full- hall be eligible to receive sick leave based on the following (1) Sick leave shall be credited at the rate of eight (8) hours per month of employment with the ci tionate number of hours shall be awarded for a partial month's work. Employees shall be allowed to accrue an unlimited number of 8ick leave hours. (2) The department head may at a time require the employee to provide written medical documentation of his illness. (3) All employees eliqible to accrue sick leave who were employed prior to the effective date of this ordinance shall begin the sick leave system h a "beginninq balance" of available sick leave hours. (4) An-employee's "beqinninq balance" shall be determined by subtractinq the hours of sick leave used by such April 8, 1985 - 22b - employee prior to the effective date of this ordinance from those hours which would have been earned under the provisions of this section had it been in effect since January 1, 1963. In the event that records which are necessary to compute an employee's 'beginning balance,, are unavailable, it shall be assumed that. each employee earned four (4) hours of sick leave for every month that said records are unavailable. (5) The "beqinning balance" of sick leave hours available for use by an employee as of the effective date hereof shall be noted in the employee's Personnel file. However, those employees with a neqative 'beginning balance" shall begin with a balance of zero (0) sick leave hours. (6) The hours of sick leave earned for each hour worked by firefighters shall be computed by multiplyin he number of hours worked by a factor .046. Section 2-120. Extended sick leave. (a) There is hereby established an extended sick leave review board consisting of five qualified voters appointed by the City Manager for a term of three (3) years each. Of those first appointed, one shall be appointed to serve for one (1) year, two for t o (2) years and two for three (3) years. Thereafter, members shall be appointed for the full term of three (3) years. Two members shall be from management below the department-head level, two members shall be nonmanagement employees and one member shall be selected from the community at-large. (b) A majority of the members of the extended sick leave review board shall constitute a quorum. The board shall meet on an as-needed basis, but no later than fifteen (15) days after an application has been received as provided for in the next subsection. (C) Applications for extended sick leave shall be submitted by the department head to and processed by the Personnel April 8, 1985 -2- - 22c department. Any application for extended sick leave must fulfill all of the following criteria at the time of application: (1) The application must show that the employee is eligible to take sick leave as defined in Section 2-119 of the city code; (2) All sick leave, annual leave and compensatory leave earned by the employee must be exhausted at the time of the application. In cases where seriousness of illness makes required extension obvious, the employee may apply twenty (20) working days prior to predicted exhaustion of all leave. (3) Must be diagnosed by a physician as having an illness requiring..absence from work for at least six (6) working weeks for any given illness. The director of the department of personnel shall be required to call a meeting of the extended sick leave review board when an application has been received in the manner stated above. (d) The jurisdiction and authority of the extended sick leave review board shall be limited to authorizing the granting of additional paid sick leave to a qualified employee for a period of time not to exceed two hundred forty (240) consecutive working hours at a time. This board may consider and award extended sick leave to an employee no more than twice in any consecutive twelve (12) month period. The second award, if granted, may or may not be consecutive with the first award. A decision to award extended sick leave to an employee shall be reached by majority vote of the members of the board present at the meeting. The employee shall be notified of the board's decision within five (5) calendar days after the meeting of the board involving that employee. (e) The extended sick leave review board is hereby empowered to adopt rules and regulations pertaining to the hearing procedures to be followed before the board. All such rules and regulations shall be adopted by the majority vote of all the members of the board, shall be signed by the chairman of April 8, 1985 -3- 22d the board and shall be lodged with the secretary of the board. Such rules and regulations shall be available in the office of the department of personnel during regular business hours. The extended sick leave review board is authorized to amend or rescind any previously adopted rule or regulation by a majority vote of all members of the board. (f) The director of personnel or a designated alternate staff member shall serve as secretary to the extended sick leave review board and shall attend all meetings with no voting rights. The city physician shall serve as medical advisor to the extended sick leave review board with no voting rights. (g) Upon the employee's return to work, one-half of all future sick leave accrued shall be used to repay any extended sick leave granted hereunder until full repayment has been made after which time the employee shall accrue the full amount of sick leave to which he would otherwise be entitled. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of April 1985. KJC/da (B.l)-3173 6/14/83 9/30/83 10/4/83 10/18/83 10/27/83 7/2/84 9/24/84 10/3/84 11/21/84 1/2/85 1/4/85 4/9/85 April 8, 1985 -4- - 23 - Item 11-1.3. ORDINANCE ITEM # 23450 Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City Council DEFERRED until the City Council Meeting of April 15, 1985, an Ordinance to amend Section 5 of the SITE PLAN ORDINANCE, Minimum Standards and Specifications required, of the Code of the City of Virginia Beach, Virginia by ADDING thereto Subsection 5.2, and AMENDING and REORDAINING Subsection 5.8 thereof. This DEFERRAL will enable the City Attorney to prepare a presentation for City Council concerning this Ordinance. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 - 24 - Item 11-I.4 ORDINANCE ITEM # 23451 ADD-ON Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council ADOPTED an Ordinance to AMEND and REORDAIN Sections 2-75 and 2-166 of the Code of the City of Virginia Beach, Virginia, pertaining to the CITY ATTORNEY, HIS DEPUTIES AND ASSISTANTS. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 24a - AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2-75 AND 2-166 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE CITY ATTORNEY, HIS DEPUTIES AND ASSISTANTS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-75 and 2-166 of the Code of the City of Virginia Beach, Virginia, pertaining to the City Attorney, his deputies and assistants are hereby amended and reordained as follows: Section 2-75. Service divided into exempt and merit services; composition of exempt service. (a) The service of the city is divided into exempt service and merit service. (b) The exempt service shall consist of: (1) Members of the city council and all other elected officials or persons appointed to fill vacancies in elective offic6s. (2) The city manager, the deputy city manager, assistant city managers, assistants to the city manager and all heads of departments or offices who are appointed by the city manager. (3) Constitutional officers and their employees. (4) All appointees of the city council and the deputy city attorneys. (5) Employees of the health department. (6) Employees of the school board. (7) Judges and associate judges of the circuit courts, general district courts and juvenile and domestic relations district courts, and employees of such courts. (8) Employees of social services. (9) Employees of the agriculture department compensated by the state. (10) The qeneral reqistrar. (11) Employees of juvenile probation. April 8, 1985 - 24b - (12) Members of boards and commissions. (13) Any individual whose relationship with the city arises from or under any express contractual agreement to which such individual is a party or whose position is created by such contract. Section 2-166. Deputies and assistants; special counsel. The council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney. The city attorney shall be authorized to appoint a legal office administrator who shall serve at the pleasure of the city attorney. The deputy and assistant city attorneys shall, so far as required by the city attorney, discharge and perform any of the duties of the city attorney and, in the discharge of such duties, shall be under the direction and control of the city attorney. They shall give the whole of their time to the discharge of their duties as deputy and assistant city attorneys. Notwithstanding any other provision of law, the salaries and benefits of the individual deputy city attorneys shall be determined annually by the council by adoption of the budget, provided, however, that such salaries and benefits may be subsequently adjusted at any time upon recommendation of the city attorney and approval of council. Notwithstanding any other provision of law, the city attorney shall, after consultation. with city council, have sole discretion and control over all aspects of the administration of the basic pay plan and classification of the assistant city attorneys. The city attorney may also, from time to time, appoint special counsel who shall perform such legal duties as may be required, and at such compensation as may be aqreed upon. I Adopted the 8 day of April @-, 1985, by the Council of the City of Virginia Beach, Virginia. CMS/da misc 4/3/85 April 8, 1985 -2- - 25 - Item II-J. CONSENT AGENDA ITEM # 23452 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council APPROVED in ONE MOTION Items 1 through 5 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abseiit: Vice Mayor Reba S. McClanan April 8, 1985 - 26 - Item 11-J. I CONSENT AGENDA ITEM # 23453 Upon motion by Couacilwoman Creech, seconded by Councilman McCOY, CitY Couacil ADOPTED an Ordinance to amend and reordain Section 21-16 of the Code of the City of Virgiiiia Beach, Virginia, pertaining to EXEMPTIONS FOR OPERATORS OF EMERGENCY VEHICLES. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. HeLiley, H. Jack Jennings, Jr. , Louis R. Joiies, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberiidorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 26a AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-16 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO EXEMPTIONS FOR OPERATORS OF EMERGENCY VEHICLES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-16 of the Code of the City of Virginia Beach, Virginia, pertaining to the exemptions for operatoes of emergency vehicles, is hereby amended and reordained to read as follows: Section 21-16. Exemptions for operators of emergency vehicles. (a) The operator of (1) any law-enforcement vehicle operated by or under the direction of a federal, state, or local law-enforcement officer in the chase or apprehension of violators of the law or persons charged with or suspected of any such violation, or in response to an emergency call, (2) any vehicle used for the purpose of fighting fire, including publicly owned state forest warden vehicles not to exceed two hundred (200) in number, when traveling in response to a fire alarm or emergency call, (3) any vehicle owned by a political subdivision of the state for rescue purposes, when traveling in response to a fire alarm or an emergency call, or (4) any ambulance or rescue or life-saving vehicle designed or utilized for the principal purposes of supplying resuscitation or emergency relief where human life is endangered, whether-eueh-vehiele-is-pa6liely-owned when such vehicle is being used in the performance of public services, and when such vehicle is operated under emergency conditions, may, without subjecting himself to criminal prosecution: (1) Proceed past red signal, light, stop sign or device indicating moving traffic shall stop if the speed and movement of the vehicle is reduced and controlled so that it can pass a signal, light or device with due regard to the safety of persons and property. April 8, 1985 26b - (2) Park or stand notwithstanding the provisions of this chapter. (3) Disregard regulations governing a direction of movement of vehicles turning in specified directions so lonq as the operator does not endanger life or property. (4) Pass or overtake, with due regard to the safety of persons and property, another vehicle at any intersection. (5) Pass or overtake with due regard to the safety of persons and property, while en route to an emergency, other stopped or slow-moving vehicles, by going off the paved or main traveled portion of the roadway on the right. Notwithstanding subsection (b) hereof, vehicles exempted in this instance will not be required to sound a siren or any device to give automatically intermittent signals. (b) These exemptions, hereinbefore granted to such a moving vehicle, shall apply only when the operator of such vehicle displays a flashinq, blinking or alternating red light or red and white lights and sounds a siren, exhaust whistle, or air horn designed to give automatically intermittent signals, as may be reasonably necessary, and, only when there is in force and effect for such vehicle either (i) a standard automobile liability insu@rance covering injury or death to any person in the sum of a least one hundred thousand dollars ($100,000.00) because of bodily injury to or death of one person in any one accident and, subject to the limit for one person, to a limit of three hundred thousand dollars ($300,000.00) because of bodily injury to or death of two (2) or more persons in any one accident, and to a limit of ten thousand dollars ($10,000.00) because of injury to or destruction of property of others in any one accident or (ii) a certificate of self-insurance issued pursuant to section 46.1-395 of the Code of Virginia. (c) The exemptions granted by this section shall not protect the operator of any such vehicle from criminal prosecution for conduct constituting reckless disregard of the -2- April 8, 1985 26c safety of persons and property. Nothing in this section shall be construed to release the operator of any such vehicle from civil liability for failure to use reasonable care in such operation. (State Code, S46.1-226) Adopted this 8 day of April 1985, by the Council of the City of Virginia Beach, Virginia. RMB/da (C) 3/12/85 April 8, 1985 -3- - 27 - Item II-J.2 CONSENT AGENDA ITEM # 23454 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED an Ordiiiance to authorize a temporary ENCROACffl4ENT into a portion of the right-of-way of OCEAN AVENUE, to the SANDCASTLE MOTEL, INC., its assigns and successors in title. This Encroachment shall be subject to the following conditions: 1. The owner agrees to remove the encroachmetit when notified by the City, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the Encroachment. 3. The owner agrees to maintain said Encroachment so as not to become unsightly or a hazard. 4. This Encroachment shall not be in effect until an agreement has beeil executed eiicompassidg the above conditions. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold lieischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 27a - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF OCEAN AVENUE, TO THE SANDCASTLE MOTEL, INC., ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Sandcastle Motel, Inc., its assigns and successors in title are authorized to construct and maintain a temporary encroachment into a portion of the City right-of-way of Ocean Avenue. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a 21 balcony overhang beginning 101 above the existing grade and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Ocean Avenue as shown on that certain plat entitled: "PLAN SHOWING PROPOSED ENCROACHMENT OF ADDITION TO THE SANDCASTLE MOTEL,, a copy of which is on file in the Virginia Beach Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Sandcastle Motel, Inc., its assigns and successors in title and within ninety (90) days after such notice is given, said encroachment shall be removed from the City right-of-way of Ocean Avenue and that Sandcastle Motel, Inc., its assigns and successors in title shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that Sandcastle Motel, Inc., its assigns and successors in title shall indemnify and hold harmless the City of virginia Beach, its agents and employees from and against all April 8, 1985 27b - claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that Sandcastle Motel, Inc. executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, 8 April 85 Virginia, on the day of 19-. MES/re 3/1/85 (29C) APPROVED AS To CIONTEU DEPAIZTMENT -2- April 8, 1985 27c s 82,45'00" W 15o.00, tD PD rri rn 03 C) N 82'45'00"E 150.oo' < C) rn r) ret .0 rq rn rn :0 rIl rn iv rli . m Ln (3 rIn b. In rn o, 60-0 rn 4. x O;; I 0 0. ISO.oo' w 0 :ro:) m i& n S 82' 45'00"W M 0 rn zz M :0 A ril 8 - 28 - Item II-J.3 CONSENT AGENDA ITEM # 23455 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council APPROVED the following RAFFLE PERMIT: TINY WONDERS MINIATURE CLUB OF VIRGINIA BEACH Votilig: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 - 29 - Item 11-J.4 CONSENT AGENDA ITEM # 23456 Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED an Ordinance Authorizing Tax Refunds in the amount of $1,063.54 upon application of certain persons and upon certification of the Treasurer for Payment. Voting; 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. HeLiley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 RM NO. C.A. 7 3/26/85 EMC - 29 - 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: Tax Type Ticket Exonem- Da!e Penalty Int. Total NAME Year of Tax Number tion No. Paid Harlan Knight Dudley etc 85 RE(1/2) 73947-1 12/5/84 40.00 Mutual Federal S & L 85 RE(1/2) 17735-4 12/5/84 80.00 Mutual Federal S & L 85 RE(1/2) 93395-6 12/5/84 80.00 Eastern Motel Brokers 84 pp 181117-5 3/1/85 194.19 Eastern Motel Brokers 84 pp 213687-6 3/1/85 342.90 Dart & Kraft Financial 84 pp 207722-5 2/11/85 17.16 F E Henderson 84 pp 69050-2 9/19/84 13.21 Willard R Pate 84 pp 195386-9 2/4/85 261.08 Donna Nicastro N/A Pkng 64949 3/8/85 10.00 Donna Nicastro N/A Pkng 64952 3/14/85 10.00 Thomas J McGarvey N/A Pkng 48201 3/7/85 15.00 Total 1,063.54 LAVY This ordinance shall be effective from date of adoption. The above abatement(s) totaling C, nt; were approved by -- @, @-1- -- - the Council of the City of Virginia Beach on the g day Of -- April, 1985 Jc asurer Ap Ruth Hodges Smith City Clerk ttorney April 8, 1985 - 30 - Item 11-J.5 CONSEN'l AGENDA ITEM # 23457 Upon motion by Couacilwoman Creech, seconded by Councilman McCoy, City Council ADOPTED an Ordinance authorizing License Ref,,nds in the amount of $2,210.25 upon application of certain persons and upon Certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jooes, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: Nc)ne Council Members Abseiit; Vice Mayor Reba S. McClanan April 8, 1985 FOfiM NO. C.A. 30a 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 retunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME L icense Date Base Penalty lnt. Total Year Paid Potolicchio Enterprises T/A Baskin Robbins 31 Ice Cream 969 Calypso Lane Va. Beach, VA 23454 1984 Audit 84.18 84.18 Sayler Marine Corporation P. 0. Box 9207 Savannah, GA 31412-9207 1984 10/,18/84 1,878.35 1,878.35 Young's Auto Parts, Inc. I 4708 Tulip Drive Va. Beach, VA 23455 1984 Audit 83.77 83.77 Certified as to Payment: -z4 AW@-@ Robe@, Commissioner of RevM Approved as to form: This ordinance shall be effective from date of adoption. The above abatemengs) totaling $2 , 946_. 30 were approved by the Council of the City of Virginia Beach on the 8 day of 85 Ruth Hodges Smith City Clerk April 8, 1985 - 30b FORM NO. C.A. e AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCI L OF THE Cl TY OF Vi RGINIA BEACH, VI RGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME L icense Date Base Penalty lnt. Total Year Paid Betthaver, Patricia E. T/A Kempsville Cleaning 516 Downey Drive Va. Beach, VA 23462 1983 Audit 17.25 17.25 Chiro.ney Hill Auto Parts, Inc. c/c Roi)ert R. Carter 1200-F, Sparrow Road Chesapeake, VA 23325 1983/84 Audit 91.75 91.75 Deford-Pasart, Inc. T/A Video Biz 338 Constitution Dr. Va. Beach, VA 23462 1983/84 Audit 54.95 54.95 Certified as to Payment: AMM Rc an Commissioner of Rd Approved as to form.L ,,tDate B'.. This ordinance shall be effective from date of Attorey adoption. T he above abatemeng s) total i ng 16 3 - 95 were approved by the Council of the City of Virginia Beach on the daY of A]2ril-___ , 19 85 Ruth Hodges Smith City Clerk April 8, 1985 - 31 - Item II-K. I APPOINTMENTS ITEM # 23458 Upon mation by Councilman Baum, seconded by Councilman Robert Jones, City Council ESTABLISHED the following representation of Council Members to the STANDING COMMITTEES of the VIRGINIA MUNICIPAL LEAGUE: COMMUNITY AND ECONOMIC DEVELOPMENT Councilman Robert Fentress EDUCATION Mayor Harold Heischober EFFECTIVE GOVERNMENT Vice Mayor Reba S. McClanan ENVIRONMENTAL QUALITY Councilwoman Barbara M. Henley Councilwoman Meyera E. Oberndorf HUMAN DEVELOPMENT Councilman Robert G. Jones PUBLIC SAFETY Councilwoman Nancy A. Creech TRANSPORTATION Councilman J. Henry McCoy, Jr., D.D.S. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Peatress, Mayor Harold Heischober, Barbara M. Healey, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Joiies, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberadorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 - 32 - Item II-L. I VIRGINIA BEACH TOMORRROW ITEM # 23459 Dr. E. T. Buchanan, III, Chairman of VIRGINIA BEACH TOMORROW, presented a report concerning this group. VIRGINIA BEACH TOMORROW is a Strategic Planning Process which will assist in developing, sustaining and imple- menting a shared vision of the City. VIRGINIA BEACH TOMORROW is composed of the following distinguished group of Community Leaders: STEERING COMMITTEE Timothy Barrow Dennis Hartig Robert Berry Lawrence Joyner Pat Bridges R. Dean Lee E. R. Cockrell Captain Daniel Micahels Mary Ellen Cox Michael C. Savvides Reid Ervin Cleaton W. Shanks James Fletcher Walt Vargo Dr. Buchanan introduced Dr. Wolfgang Pindur, Director of Department of Urban Studies and Public Administration at Old Dominion University. Dr. Pindur will serve as Project Director. Dr. Pindur introduced the "STRATEGIC PLANNING FLOWCHART" which will be used to guide the Planning Process previously described by Dr. Buchanan. Phase I Issue Identification and Forecast Phase Ii Strategic Issue Analysis and Forecast Phase III Goals, Objectives and Strategy Formulation Dr. Buchanan presented the City Clerk with a Copy of his REMARKS on VIRGINIA BEACH TOMORROW as well as a copy of the STRATEGIC PLANNING FLOWCHART to be made a part of the record. April 8, 1985 - 33 - Item II-L.2 RESOLUTION/commisSION ON LOCAL GOVERNMENT ITEM # 23460 Upon motion by Councilman Robert Jones, seconded by Councilman Jennings, City Council ADOPTED, AS AMENDED, a Resolutioii establishing a COMMISSION ON LOCAL GOVERNMENT to study in depth the Composition and Organization of the City's form of government. The following shall be DELETED in said Resolution: 4. Whether or not the City should have a City Manager form of governmerit, a strong mayor form of government, or some other form of government. The last paragraph of said Resolution shall be AMENDED to read as per the following: The Commission shall be composed of people to be selected by Voting: 8-2 Couacil Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, H. Jack Jennings, Jr. Louis R. Jones, Robert G. Jones, and Meyera E. Oberndorf Council Members Voting Nay: Barbara M. Henley and J. Henry McCoy, Jr., D.D.S. Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 - 33a - R E S 0 L U T I 0 N WHEREAS: The City of Virginia Beach was created under its present charter on January 1, 1963, which charter established the current organization of City Council and the City government; WHEREAS: Since January 1, 1963, the City of Virginia Beach has grown in population from approximately 160,000 citizens to over 300,000 citizens and is projected to grow to a city of over 450,000 by the turn of the century; WHEREAS: Members of the public have, from time to time, expressed concern regarding the size and organization of City Council and whether or not there should be a direct election for the Mayor of the City; WHEREAS: The City Council of the City of Virginia Beach desires that the public be served by its local government in a manner that is most responsive to the present and future needs of the City and most effective in the economical and efficient operation of local government; and, WHEREAS: The City Council believes that a thorough examination of the structure of local government is timely and that a study of it should be undertaken by a group of local citizens as objectively as possible without regard to partisanship but with due regard for promoting the public interest and welfare of the City. NOW THEREFORE, BE IT RESOLVED: That the City Council of the City of Virginia Beach establish a COMMISSION ON LOCAL GOVERNMENT to study in depth the composition and organization of the City's form of government and make recommendations, If it deems desirable, for alterations or modifications. In conducting the Study, the Commission shall address the following matters and such other matters as may be deemed necessarily related: 1. Whether or not the size and organization of City Council should be changed 2. Whether or not the formula for the representation on City Council of geographical areas of the City should be changed 3. Whether or not the Mayor should be elected by the City Council or directly by the voters The Commission shall be composed of people to be selected by the City Councii. Adopted this Eighth day April, 1985 April 8, 1985 - 34 - Item 11-L.3 UNFINISHED BUSINESS BUDGET WORKSHOPS ITEM # 23461 By CONSENSUS, City Council AUTHORIZED the following WORKSHOPS to study the FY 85-86 OPERATING BUDGET: Monday, April 15 BLJDGET WORKSHOP 10:00 A.M. Conference Room Wednesday, April 24 BUDGET WORKSHOP 7:30 P.M. Conference Room Tuesday, April 30 BUDGET WORKSHOP 7:30 P.M. Conference Room Thursday, May 2 BUDGET WORKSHOP 9-11:30 A.M. Conference Room City Council at their April First Meeting had SCHEDULED, BY CONSENSUS, a PUBLIC HEARING for the FISCAL 1985-86 OPERATING BUDGET on April 17, 1985, at Y:00 P.M. at the PAVILION AUDITORIUM. The First Reading of the FY 85-86 OPERATING BUDGET will be on Monday, May 6, 1985 at 2:00 and the SECOND READING will be on Monday, May 15, 1985 at 2:00 P.M. in City Couiicil Chambers. April 8, 1985 - 35 - Item II-L-4 UNFINISHED BUSINESS ABSTRACT OF VOTES ITEM # 23462 BY CONSENSUS, CitY Cou,cil ACCEPTED the ABSTRACT OF VOTES for the 1985 BOND REFERENDUM of March 26, 1985. Said ABSTRACT is hereby made a part of the proceedings. April 8, 1985 35a ABSTRACr OF VMW cast in the GDmty/City of Virginia Beach - virginia, at the Special Election held on @ch Zb, 1985, on the tollowing @tim or propositicn: PROPOSED BamISSUES QL=CN: Shall the City of Virginia Beach, Virginia, contract a debt and issue its general obligation bonds in the amomt of $36,500,000 pursuant to @ City Charter and the Public Finance Act to provide furids, together with other available funds, to f contimiing developmmt of thp- City's street and highway system, including right-of-my acquisitim and constructicn of clwbs, gutters, a bikeumys, bridges and storm drainage facilities? Total Votes Received (in figures) (For) YES 14,809 (Against) NO 19,797 QLEMCN: Shall the City of Virginia Beach, Virginia, contract a debt and issue its general obligation bands in the maximLin @t of $50,000,000, additionall@ secured by a pledge of uuter and sewer rev@s, pursuant to Article VII, Sectim 10(a)(2) of the Cmstitution of Virginia, the City Charter =0 the Public Finance Ar-t to provide. funds, together with other available funds, to firiance the continuing dove t of tbe City's mter and s@ system, such system being an undertaking from @h the City mELy derive a rev@?' Total Votes Received (in figures) (For) YES 12,896 (Against) NO 21,249 April 8, 1985 35b QUESTION: Shall the City of Virginia Beach, Virginia, contract a debt and issue its general obligation bonds in the niaxt= amc)mt of $30,320,000 plwsuant to the City Charter and the Public Finance Act to provide funds, together with other available funds, to finance continuing development of the City's school system, including site acquisiticn and construction, enlargenmt, renovation and equipping of schools and related facilities? Total Votes Received (in figures) (For) YES (Against) NO QUESTION: Shall the City of Virginia Beach, Virginia, contract a debt and issue its general obligation In the maximLxn aniount of $6,000,000 pursuant to the City Charter End the Public Finance Ar-t to provide funds, together with other available funds, to finance enlargmmt of the City's correc- tion center, including construction of an addition to pr@ additional cells? Total Votes Received (in fi@ea) (For) YES 1 'A L 9,4 (Against) NO 20,846 We, the undersigned Electoral Board, upc)n examiriation of the official records deposited in the office of the Clerk of the Circuit Co=t of the Election held on Mrch 26, 1985, do hereby certify that the above is a true " correct Abstract of Votes cast at said election for and against the proposed question or propositim set forth above. Given under otw bands this 2 8 day of March, 1985. Cbairman Vice Chairman Secretary A copy teste: cre Electoral Board April 8, 1985 - 36 - Item II-M. 1 NEW BUSINESS JUNGLE FALLS/ ITEM # 23463 AMENDMENT TO A CONDITION Attorney Grover Wright represented the applicant Upon motion by Councilman JeLiiiings, seconded by Councilman Fentress, City Council SCHEDULED CONSIDERATION OF AN AMENDMENT TO A CONDITION in behalf of AQUA SPORTS, 1NC. (successor by merger to West Neck Enterprises, Inc.). On July 5, 1983, City Council APPROVED the request of WEST NECK ENTERPRISES, INC., t/a JUNGLE FALLS CARNIVAL PARK for a Conditional Use Permit for a recreational facility of an outdoor nature on a 9.31-acre parcel located along the west side of General Booth Boulevard, north of South Birdlieck Road (Lynnhaven Borough). City Council SCHEDULED this CONSIDERATION for May 6, 1985. The condition to be AMENDED is: "Additional parking as determined by the Planning Staff so that all required parking is on the subject site and none is an the adjacent State property." AQUA SPORTS, INC. is requesting that the above Condition be AMENDED to allow off-site parking. Voting: 10-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Featress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: Vice Mayor Reba S. McClanan April 8, 1985 3 7 Item 11-N. I ITEM 23464 ADJOURNMENT Upon motion by Councilmar@ Baum, BY CONSENSUS, City Coa@cil ADJOURNED the mectirig at 7:05 p.m. Beverly'O-. Hooks Chief Deputy City Clerk RLY(h Hodges Smi@Lli , CMC Mayor City Clerk City of Virgi@tia Bcacii Virginia /bh April 8, 1985