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HomeMy WebLinkAboutNOVEMBER 13, 1990 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL -.@ MEI@M @@ BERI-RF. vill -Y.. R.B.T E 1-1 RE., vi"i.i.h ].IiN A, @WPI.NE, 1.@ UM M@@NM, A... NA-@ K .@KER, 11 I,- WIIL.M 0 IR,. CITY COUNCIL AGENDA 1,EII'F@R @ub., V, --. I... li@l;,,,A VI.;INII II.. IX@@E L U@Y. .1, R- ti-. -l-, NOVEMBER 13, 1990 ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room - 11:00 AM A. PLANNING COMMISSION Kenneth D. Barefoot, Chairman ITEM 11. CITY MANAGER'S BRIEFINGS - Conference Room - 11:15 AM A. LOCATION OF PROPOSED ENERGY RECOVERY EQUIPMENT Robert J. Scott, Director of Planning B. CAPITAL IMPROVEMENT PROGRAM FY 1990-91 - 1994-95 E. Dean Block, Assistant City Manager for Analysis and Evaluatlon ITEM 111. CITY COUNCIL CONCERNS - Conference Roorn - 12:30 PM ITEM IV. L U N C H - Conference Room - 1:00 PM ITEM V. INFORMAL SESSION - Conference Roorn - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM VI. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend David E. Stewart Calvary Assembly of God Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. PUBLIC HEARING - CAPITAL IMPROVEMENT PROGRAM - November 1, 1990 2. INFORMAL & FORMAL SESSIONS - Novernber 6, 1990 PRESENTATION 1. BOND REFERENDUM COMMITTEE William Schlimgen, Chairman H. RESOLUTION/ORDINANCE 1. Resolution authorizing the City Manager to establish a Pilot Program for use of the City's fixed wing aircraft for prisoner extradition and transfer in support of the Commonwealth's Attorney, Sheriff and other City agencies; and, authorize the City Manager to pursue a regional prisoner extradition program incorporating other municipalities in a cost beneficial ondeavor. 2. Ordinance to AMEND and REORDAIN Sections 21-72, 21-76, 21-78 and 21-82 of the Code of the City of Virginia Beach, Virginia, re local vehicle licenses. 1. 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 rernoved frorn the Consent Agenda, It will be discussed and voted upon separately. 1. Ordinances, upon SECOND READING: a. To APPROPRIATE $92,495 in community development excess program lncorne funds for housing loans and grants for the Virginia Beach Community Development Corporation's transitional housing prograrn. b. To APPROPRIATE $5,794 In State SHARE Homeless Intervention Program funds. c. To APPROPR I ATE $18,000 from the General Fund to Ocean Park Rescue Squad re the purchase of an ambulance, (advance of Two- For-Life State funds expected In February 1992 to reimburse this appropriation). 2. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE $10,000 from the State Department of Mental Health, Mental Retardation and Substance Services to MH/MR/Substance Abuse Special Revenue Fund. J. PUBLIC HEARING 1. PLANNING BY CONSENT a. Application of 14AIN CORPORATION for a Conditional Use Permit for mini-warehouses on the South side of Virginia Beach Boulevard, 930 feet more or less West of the Intersection with the Virginia Beach Toll Road (1933 Virginia Beach Boulevard), containing 15,246 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL b. Application of CONTEL CELLULAR for a Conditional Use Permit for a cornmunication tower and service building at the Southeast Intersection of uth Plaza Trail and the Southern Railway, containing 26,658.7 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 2. PLANNING a. RECONSIDERATION of Condition Number One In the February 12, 1990, approved application of ROBERT and JANET KOTTKE for a Conditional Use Permit (private school) on Lot 10A, Bellamy Manor (5009 Providence Road) containing 1.4 acres (KEMPSVILLE BOROUGH). Scheduled for Reconsideration: October 9, 1990. b. Petition of FERRELL PARKWAY ASSOCIATES, INC. and THE BROWN FARM ASSOCIATES for the discontinuanc 3., c'osure and abandonment of a portion of Strawbridge Road beginning at the Wes-rern boundary of General Booth Boulevard and running In a Northwesterly direction a distance of 364 feet more or less (PRINCESS ANNE BOROUGH). Deferred for cornpliance April 30, 1990. Recoinmendation: ADDITIONAL 90 DAY DEFERRAL C. 1. Petition of THE RUNNYMEDE CORPORATION for the discontinuance, closure and abandonment (LYNNHAVEN BOROUGH)-. Parcel 1. Portion of Walnut Street beginning at the Northern boundary of Soth Boulevar(i and running Northerly to the Southern boundary of the Virginia Beach-Norfolk Expressway, being 66 feet In width. Parcel 2. Portion of Fourth Street beginning at the Western boundary of Spruce Street and running Westerly a distance of 610 feet, being 50 feet In width. Total: 2.10 acres; AND, 2. Application of SENTARA LIFE CARE CORPORATION for a Conditional Use Permit for a 120-bed nursing horne and an 80-bed home for the aged on the Wast side of Spruce Street, 300 feet more or less NorTh of South Boulevard, containing 10.38 acres (LYNNHAVEN BOROUGH). DEFERRED: October 9, 1990 Recommendation: APPRO"L BOTH APPLICATIONS d. Application of CHARLIE FALKIS AUTO WHOLESALERS, INC. for a Conditional Use Permit for bulk stor@ on Lots 3, 4, 5 and 6, Block 26, EuclTd Place, (508 3 V lnia BeaCh boulevard), containing 13,762 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL e. Appl lcation of LISA KELLER for a Conditional Use Permit for a home occupation (family day care home) on Lot 5, Section 21, -Princess Anne Plaza, (417 Bethune Drlve), containing 9,952 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED DECEMBER 6, 1990 2:00 PM Rescheduld'of December 4 NATIONAL LEAGUE OF CITIES (All Sessions of City Council are now held weekly on Tuesday) 11/8/90 Igs M I N U T E S VIRGINIA BEACH CITY COUNCIL Virglnla Bencii, Vlrglnla November 13, 1990 Mayor Meyera E. Oberndorf called to order the COUNCIL CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL in the Conference Room, City Hall Building, on Tuesday, November 13, 1990, at 11:00 A.M. Council Members Present: John A. Baum, James W. Brazier, Jr. , Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Louis R. Jones Out of the City William D. Sessoms, Jr. (ENTERED: 11:40 A.@1.) - 2 - C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N PLANNING COMMISSION 11:00 A.M. ITEM # 33678 Kenneth D. Barefoot, Chairman - Planning Commission, distributed attendance records from January 1, 1990 to November 7, 1990. The Planning Commission has met formally forty-seven times this year, which does not include the various subcommittee meetings. Chairman Barefoot cited Robert J. Scott, Director of Planning, as a true professional and an asset to the City. A director cannot lose key employees i.e., William Cashman, David Sullivan, Jack Whitney and Charles Hassen, without feeling some negative effects. It is a tribute to Bob Scott that he has kept his Department running so efficiently. The Planning Commission began the year where they left off in 1989, discussing Transfer of Development Rights and Growth Management problems and began meeting weekly to continue discussion of the Comprehensive Plan. Currently a Sub Comittee comprised of six members was meeting to discuss the removal of the twenty-acre overlay and the replacement of same, if desirable. In early 1989, the Planning Commission was awaiting enabling legislation for TDR's and the outcome of the litigation of Courthouse Estates. The Planning Commission recommended new ordinances on communication towers, addition of roads to the Master Street and Highway Plan and new Landscaping Ordinances. The Planning Commission has met with Andrew Burke, Director of Economic Development, and the Comprehensive Plan will fully support the objectives of the Department of Economic Development regarding shifting the tax base from the current 80%-20% to 70%-30% residential and non-residential. The Comprehensive Plan will reflect the City is gradually securing the roadway network into the ten-year Capital Improvement Program to guarantee better facilities to enhance commercial and industrial development. The Planning Commission is not at this moment recommending moving the Green Line; however, the Commission is discussing redefining the Green Line to include transitional zones for quality development that meet the following criteria: 1. No net costs to the City regarding supportive infrastructure. 2. Minimal off-site impact 3. Strict use of Conditional Zoning to limit uses, control landscaping and design and other impacts reasonably related to such rezonings. Regarding residential growth below the Green Line, the Commission believes agricultural land and activities in the rural areas of the City should be protected and preserved in harmony with reasonable levels of rural, residential development and in keeping with the special rural character, environmental protection needs and limited rural infrastructure available. The Commission believes the City should work with the rural land owners to assist them with incentives to assure a future for the agricultural community. Conditional Zoning and/or Conditional Use permitting will allow for reasonable and controlled growth. The Commission has expended many hours on the Chesapeake Bay Preservation Act. The first draft of the Comprehensive Plan was presented to the Planning Commission in early September for review. There have been four public workshops held throughout the City and three Planning Commission Workshops. The Commission is now awaiting the revised draft. If the City Council desires, the Planning Commission can have their recommendation of the Comprehensive Plan by the middle of December. Chairman Barefoot and Commissioner Steve Atkinson will complete their final term on the Planning Commission next month. In eight years, they have heard approximately 3900 applications, attended 96 Formal Sessions, hundreds of workshops and Public Hearings and traveled hundreds of miles throughout the City. The City has grown by 130,000 citizens in eight years, approximately 40,000 additional homes. Chairman Barefoot recommended the City Council and Planning Commission work more closely with better communication by the utilization of joint workshops. With knowledge and understanding, the Planning Comission can promote the policies and programs of the City Council. - 3 - C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N LOCATION OF PROPOSED ENERGY RECOVERY EQUIPMENT 11:16 A.M. ITEM # 33679 Robert Scott, Director of Planning, introduced Tom Ackiss, Chairman - Historical Review Board and David Grochmal, Director - Department of General Services. General Services brought a proposal for an "ice plant" to the Planning Department. This would basically be a heating and cooling system to assist in the overload created by all the new construction at the Municipal Complex. This ice field is a series of 60 cylinder tanks, partially above ground, which is actually an ice making machine. These tanks are chilled at night to make ice and during the daytime, water is circulated through them and chilled from the ice. These are utilized instead of the costly chillers in the heating plant. This equipment will save the City over $100,000 a year in electrical costs of the heating plant alone. The proposed location is on Courthouse Drive, directly across the street from the Credit Union, which lies within the Historical and Cultural District. In order for the project to be constructed, it must obtain a "certificate of appropriateness". The Historical Review Board, at this particular time, has not recommended approval of the plans. The Historical Review Board believes the issue is primarily due to location and whether or not such a facility would receive the concurrence of the City Council. Mr. Grochmal advised the City is expanding the central heating plant to provide additional heating and cooling capacity for the new buildings, and the ice, or thermal, storage must be adjacent to the heating plant in order to circulate water between the ice field, the chillers and distribution systems. The proposed location is the only undeveloped property available. The plant is to be screened by a brick wall and appropriate landscaping. Mr. Ackiss advised the more desirable location, if feasible, would be the area behind or on either side of the existing heating plant. With the assistance of a map, Mr. Grochmal displayed the parking areas. The Board has suggested locations which are in the parking lot or behind the building within a driveway and parking area. These locations were less desirable, as they will take up existing paved parking spaces and block vehicular access as well as hamper maintenance to the cooling towers at the rear of the plant. Mr. Grochmal advised the wall in front of the equipment would be almost identical to the one in front of the Operations Building and would be six feet high with a rolled top and landscaping in front. The units behind the building are 4-1/2 feet above the ground level. BY CONSENSUS, City Council concurred with the location of the energy recovery equipment; however, Councilwoman McClanan did not believe the City's "housekeeping facilities" should be located in the "front yard". - 4 - C I T Y M A N A G E R 'S B R I E F I N G CAPITAL IMPROVEMENT PROGRAM FY 1990-91 - 1994-95 11:32 A.M. ITEM # 33680 The City Manager distributed information relative responses to the City Council Workshop questions, Roadway Commitment Status, which indicates the extensive priority list while indicating the capacity for flexibility as each project moves through the process, proposed CIP Ordinances and correspondence from E. Carlton Bowyer, Division Superintendent - Virginia Beach City Schools. Said documents are hereby made a part of the record. Mr. Bowyer indicated because the School Board has not had time to adequately analyze membership data and because of the lead time required in planning school facilities, the School Board does not request any change for the first year (1990-91) of the proposed Capital Improvement Program. It is very likely next year the Board will wish to accelerate the time line for building certain facilities specifically Ocean Lakes fligh School and probably a middle school. The School Board may also need to add a high school and a middle school. Therefore, some accommodation for site acquisition in the current CIP might be in order. The City Manager advised the City Council is only appropriatin- the first year of the Capital Improvement Program document and the remaining years are extremely useful for planning the construction and scheduling of projects. The City Manager also distributed a preliminary Project Information Worksheet relative North Beach Drainage Improvements. This project is for construction of five submersible pump stations along Atlantic Avenue between 55th and 70th Streets. It will provide drainage relief in the North Beach Area. The City Engineer has indicated the Independence Boulevard Phase III project has come in under bid. A major portion of this project is financed through the Utility improvements. Therefore, the City Council might wish to consider some reallocation of the savings on the Independence Boulevard Phase III project to provide some drainage relief in the North Beach area. Arthur Shaw, the City Engineer, advised the Highway Construction portion in the proposed CIP is a little over $9-MILLION. There is another $1,375,000 identified for streets, lights and signals. Adding these two amounts together and subtracting that portion of the low bid appropriately chargeable to those two items, it is about $3.2-MILLION difference. Oral Lambert, Director of Public Works, advised the North Beach Drainage Improvements would entail pumping out Atlantic Avenue only and would be designed on a ten-year storm. This is only an interim solution. E. Dean Block, Assistant City Manager for Analysis and Evaluation, advised there are no tax increases included in the Capital Improvement Program. There is a request to consider increasing the license decal fees effective January 1, 1992, in order to replace funds which had been granted by the General Assembly but taken away by the Governor. These funds were anticipated to be utilized for roadway debt service. If the City Council did not wish to increase these fees, the City Staff would recommend some reduction in the use of Charter Bonds over the first few years of the program or further cut backs in "pay-as-you-go". Other than that, no one would see any changes in their taxes as a result of the Capital Improvement Program except by Referendum on Schools. The City Manager advised there will be NNNB "No net new bodies" in the Operating Budget. One option is to move forward with the Capital Improvement Program as proposed by the City Manager and City Staff accompanied by the Resolution proposed by Councilman Louis Jones. Another option suggested a more conservative approach to the Capital Improvement Program with a possible deferral of projects and additional workshops. The City Attorney will request the City's Bond Counsellors to determine if there should be any change in priorities of the Capital Improvement Program upon submission, on a quarterly basis, of a financial analysis of all projects with a total cost in excess of $250,000 and how they would effect the City's bond rating. - 5 - C I T Y C 0 U N C I L C 0 N C E R N S 12:47 P.M. TTEM # 33681 Mayor Oberndorf advised Friday afternoon, November 9, 1990, a Civil Rights Complaint was delivered by George Minns, President of the NAACP. The Mayor distributed a copy of said correspondence. Mr. Minns referred to Section 3.05 and Section 3.10 of the City Code. The City Attorney advised there was no required legal response. If Mr. Minns believes his rights have been violated, there are forms by which he may file such a complaint. As per request of City Council, the City Attorney shall draft a letter acknowledging receipt of Mr. Minns' letter and informing him the City Council hopes to address his concerns relative the formation of the Fellowship Committee. Councilman Heischober advised of his request to the City Manager to have staff compile all Federal, State and Local Agencies to whom various forms of discrimination may be addressed. This information could be assembled in pamphlet form to have available for public perusal. ITEM # 33682 Mayor Oberndorf also distributed correspondence of November 9, 1990, from the Reverend William J. Dale relative a meeting with the Reverends E. Thomas Murphy and Jerome C. Ross as well as Rabbi David Abrams concerning the Fellowship Committee. Reverend Dale enclosed a proposed list of names for the Fellowship Committee, as well as an outline of the goals and scope of work for the Committee together with a brief timetable. The first full meeting has been tentatively SCHEDULED for Monday, November 26, 1990, at 7:30 P.M. at the Virginia Beach United Methodist Church. Councilman Heischober expressed concern relative Ttem A.3 under GOALS: To identify and nuance the different possible ways in which a Human Rights Commission might function in the City of Virginia Beach. Mayor Oberndorf will request the Fellowship Committee clarify this goal. Councilman Brazier believed the race issue was being over emphasized. As the Human Rights Commission reflects different areas not just racial, there should be a representative from the Handicapped Committee, Philippine-Americans, Mexican Americans, the Aging, et cetera. Size should also be discussed. Mayor Oberndorf advised the Mayor's Committee on the Handicapped and the Mayor's Committee on Aging had advised they were able to address those specific areas which affect them. Councilman Lanteigne requested identification of the Core Group. Mayor Oberndorf advised she believed the core consisted of Rabbi David Abrams, Reverend William Dale, Reverend E. Thomas Murphy, Reverend Jerome C. Ross, Reverend Yd Thoroughgood and Dr. Ulysses Van Spiva. Mayor Oberndorf was not certain when the other proposed members began participating with the Fellowship Group. Mayor Oberndorf will request this information and advise City Council. Councilman Sessoms inquired when the members would be APPOIMTED. Mayor Oberndorf suggested the Members could be APPOINTED during the City Council Session of November 20, 1990. Councilwoman McClanan raised concerns and expressed opposition to Phase I c. under SCOPE OF COMMITREE'S EFFORTS relative initiating contact with the Community Relations Services, U.S. Department of Justice, to request their assistance for evaluation and guidance in critiquing the various options. - 6 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 33682 (Continued) CouncII man Lanteig ne woul d not I Ike the f irst compla in t to be that some Individuals did not have an opportunity to serve on the Committee. Councilman Lanteigne would like the Committee expanded. The Core Committee is fine; however, Councilman Lanteigne would like an explanation of the expertise of any additional names recommended. Councilman Heischober advised the two major sources of discrimination are job and age related. Race discrimination is the most volatile and sensitive but not the most prevalent. City Council concurred on an approximate size of seventeen (17) members, ITEM # 33683 Councilman Baum expressed concern relative roll back or land use taxes. There has been a State law which Councilman Baum believed unfair and should be included in the City's Legislative Package. There are huge sums of money involved In roll back taxes. With the economy slowing down, Individuals might be forced to sel I to others at bargain prices. Counci Iman Baum requested this Issue be reexamined. - 7 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL November 13, 1990 2:00 P.M. Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counci I Chambers, City Hat I Bul Iding, on Tuesday, November 13, 1990, at 2:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nan6y K. Parker and William D. Sessoms Council Members Absent: Louis R. Jones INVOCATION: Reverend David E. Stewart Calvary Assembly of God Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 8 - I tem V I -E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 33684 CERTIFICATION was not necessary as no EXECUTIVE SESSION was held. 9 Item VI-F.l. MINUTES ITEM 33685 Upon motion by Vice Mayor Fentress, seconded by Counci lwoman Parker, City Council APPROVED the Minutes of the PUBLIC HEARING of the CAPITAL IMPROVEMENT PROGRAM of Novernber 1, 1990. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: Louis R. Jones Councilwoman McClanan ABSTAINED as she wa5 not in attendance during the City Council Session of November 1, 1990. - 10 - item VI-F.2. MINUTES ITEM # 33686 Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 6, 1990. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: Louis R. Jones Councilwoman McC]anan ABSTAINED a6 she was not In attendance during the City Council Session of November 6, 1990. Item VI-G.I. PRESENTATION BOND REFERENDUM COMM]ITTEE ITEM 33687 William Schlimgen, Chairman - Bond Referendum Committee, advised relative the 1986 Highway Referendum, Ferrell Parkway, Independence Boulevard and the two Lynnhaven Parkway projects are complete. Construction on the Northampton Boulevard, General Booth Boulevard and Indian River Road projects are 47%, 41% and 41% complete, respectively. Of $40,000,000 authorized, 78.2%, or $31,268,083, has been contracted. Concerning the 1987 Recreation Center Referendum, the Great Neck facility is open to the public. The Bow Creek and Bayside projects are 80% and 53% complete, respectively, with Bow Creek work expected to be finalized in December 1990. The Southeast Community Center project is awaiting resolution of wetlands issues in the March-April 1991 timeframe with construction expected to begin in May or June 1991. Through September 30, 1990, $21,807,764, or 66.4%, of the $32,850,000 total has been contacted. As previously noted, the sites for Landstown (formerly Green Run) Elementary and Middle School and Strawbridge (formerly London Bridge Elementary School) have been acquired. Funds totaling $28,295,461, or 87.6% of the $32,310,00u authorized, have been expended. Work is well underway on the thirteen elementary school gymnasium additions and negotiations have begun for acquisition of the school sites. Work on the Bayside and Kellam High School modernizations is 85% and 90% complete, respectively. A notice to proceed was issued August 1990 for Strawbridge Elementary School. With wetlands issues having been resolved, work is about to begin on the Tallwood High and Landstown Elementary and Middle School projects. Of $68,375,000 authorized, $21,719,052, or 31.8% , has been contracted. With reference to the 1988 Lake Gaston Water Resource Project Referendum, due to the magnitude of this project it has been separated into a number of contracts for various phases of work. Bids have been received on construction contracts BI (six overhead crossings) and Cla (6.9 miles of pipeline in Brunswick County), with work expected to begin October and December 1990, respectively. Additionally, engineering consulting services began July 1990 under the Construction Administration contract. - 12 - Item VI-H.l. RESOLUTION/ORDINANCE ITEM # 33688 Upon motion by Councilman Brazier, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution authorizing the City Manager to establish a Pilot Program for use of the City's fixed wing aircraft for prisoner extradition and transfer in support of the Commonwealth's Attorney, Sheriff and other City agencies; and, authorize the City Manager to pursue a regional prisoner extradition program incorporating other municipalities in a cost beneficial endeavor. Voting: 8-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and Nancy K. Parker Council Members Absent: Louis R. Jones I Requested By: 2 Councilman Brazier 3 A RESOLUTION AUTHORIZING THE CITY KKNAGER 4 TO ESTABLISH A PILOT PROGRAM FOR 5 USE OF THE CITY'S FIXED WING AIRCRAFT 6 WHEREAS, the City has received title to a Baron twin engine fixed wing .7 aircraft through the U. S. Department of Justice's Drug Enforcement 8 Administration Shared Proceeds of Seized Property program; 9 WHEREAS, the City has applied for and received permission from the State 10 Supreme Court to reimburse the City for operating costs for use the fixed wing 11 aircraft when performing prisoner extraditions; 12 WHEREAS, the fixed wing aircraft may be also cost beneficial to t:he City 13 when used by other City agencies; 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA, that the City Manager is hereby authorized to implement a pilot 16 program for use of the fixed wing aircraft in order to determine the actual ,7 benefits to the City, and maintain records of all costs and benefits of said 18 program for a report to Council upon six (6) months of operation; 19 BE IT FURTHER RESOLVED that the City Manager is hereby authorized to use 20 the fixed wing aircraft during the pilot program, subject to appropriate 21 budgetary limitations, for (1) prisoner extraditions and transfers in support 22 of the Commonwealth's Attorney and Sheriff, and (2) other City agencies, upon 23 prior written approval from the City Manager for eacl occurrence, subject to 24 reimbursement from the requestil@6 ageficy; 25 BE IT FURTHER RESOLVED that the City Manager is hereby authorized to pursue 26 a regional prisoner extraditioi@ program incorporating other municipalities in 27 a cost beneficial endeavor. 13 November 28 RESOLVED THIS - DAY OF 1990, BY THE COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA. 30 This resolution shall be in effect from the date of its adoption. - 13 - Item VI-H.l. RESOLUTION/ORDINANCE ITEM # 33689 Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 21-72, 21-76, 21-78 and 21-82 of the Code of the City of Virginia Beach, Virginia, re local vehicle licenses. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louis R. Jones I AN ORDINANCE TO AMEND AND 2 REORDAIN SECTIONS 21-72, 21-76, 3 21-78, AND 21-82 OF THE CODE OF THE 4 CITY OF VIRGINIA BEACH, VIRGINIA, 5 PERTAINING TO LOCAL VEHICLE LICENSES 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Sections 21-72, 21-76, 21-78, and 21-82 of the Code of 9 the City of Virginia Beach, Virginia, are hereby amended and 10 reordained to read as follows: 11 Section 21-72. General requirements. 12 (a) It shall be unlawful for any person to operate a motor 13 vehicle, trailer or semitrailer after the fifteenth 14 day of ganuafy February of any license year, without having paid 15 the requisite license tax and displaying the current license plate 16 or decal required by this article. Any motor vehicle, trailer or 17 semitrailer parked on any public street or in any public parking 18 lot, without displaying such current license plate or decal shall 19 be presumed to have been operated by its owner in violation of this 20 section. 21 (b) Any person who violates any provision of this section 22 shall be guilty of a Class 4 misdemeanor and each day's continuance 23 of such violation shall constitute a separate offense. Any person 24 desiring to pay the fine for such violation prior to the date set 25 for a court hearing, as indicated on the summons issued for such 26 violation, shall be required to provide proof that a current 27 license plate or decal, as required by this article, has been 28 purchased. 29 (c) Purchasers of new or used motor vehicles shall be allowed 30 a ten (10) day grace period, beginning with the date of purchase, 31 during which to pay the reguisite license tax and display the 32 current license plate or decal required by this article. 33 Sec. 21-76. Proration of tax. 34 A license tax equal to one-half of the annual tax prescribed 35 by section 21-75 shall be collected whenever any license plate or 3 6 decal is issued during the period beginning on the first day Of 37 July and ending on the thirty-first day of December of @ that 38 license year; provided, however, that there shall be no proration 39 of such annual tax unless the owner of the vehicle can show proof 40 that he purchased the vehicle on or after July first of the license 41 Year or that he did not normally garage, store or park the vehicle 42 in the city until on or after July first of the license year. The 43 Proration Provided in this section shall not apply to license 44 plates or decals issued oursuant to section 21-78 for a license 45 Year which has not yet conimenced. 46 Sec. 21-78. Issuance of plate or decal generally; when plates or 47 decals to be placed on sale. 48 Upon payment of the license tax prescribed by this article and 49 compliance with other applicable provisions of this article, the 50 city treasurer shall issue to the applicant a license plate or 51 decal for the vehicle for which the tax was paid. The city 52 treasurer shall place on sale the license plates or decals, for 53 each license year, on and after the fiest fifteenth day of januar-y 54 December of each year- next precedinq the license year. 55 Sec. 21-82. Display of expired plate or decal. 56 (a) It shall be unlawful for the owner of a motor vehicle, 57 trailer or semitrailer to display upon such vehicle any City of 58 Virginia Beach license plate or decal after the 59 fifteenth day of januaey February next following the end of the 60 license year for which such plate or decal was issued. 61 (b) A violation of this section shall institute a 62 misdemeanor punishable by a fine of not more than twenty dollars 63 $ 20 . 00 ) . 64 Adopted by the Council of the City of Virginia Beach, 65 Virginia, on the 13th day of November 1990. 66 CA-3989 67 \ordin\proposed\21-72.pro 68 R\3 2 AFPROVED AS TO LEGAL - 14 - Item VI-1. CONSENT AGENDA ITEM # 33690 Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Council APPROVED In ONE MOTION, items 1, a.b.c and 2 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louis R. Jones - 15 - Item VI-I.a. CONSENT AGENDA ITEM # 33691 Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE $92,495 in community development excess program income funds for housing loans and grants for the Virginia Beach Community Development Corporation's transitional housing program. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Iieischober, Paul J. Lanteigne, Reba S. Mcclanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louis R. Jones AN ORDINANCE TO APPROPRIATE $92,495 IN COMMUNITY DEVELOPMENT EXCESS PROGRAM INCOME FUNDS FOR HOUSING LOANS AND GRANTS AND FOR THE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION TRANSITIONAL IIOUSING PROGRAM WHEREAS, the City receives Cominunity DeveloDment Block Grant funds to be used to benefit low and moderate income Dersons, and WHEREAS, one of the uses of such funds is to make loans and grants for the rehabilitation of housing, and WHEREAS, income froin the redayment of such loans is regularly received by the City, and WHEREAS, income in excess of the amount oreviously esti.mated and appropriated has been received, and WHEREAS, there is a need for additional funds for housini loans and grants before the next allocation of CDBG funds is received, and WHEREAS, there is a need for funding for t@e Virginia Beach Community Development Corporation's Transitional Housing Program to match the Federal grant it has received, NOW, THEREFORE BE IT ORDAINED that excess program income funds in the amount of $72,745 be approdriated to the Community Development loan and grant fund, and BE IT FURTHER ORDAINED that excess program income funds in the amount of $19,750 be approdriated to the Virginia Beach Community Developmerit Corporation (VBCDC) for the Transitional Housing Program, and that the City Manager is Authorized to enter into a contract with the VBCDC for the continuation of such program. Adopted by the Council of the City of Virginia Beach this 13 day of November 1990. Anproved as to Content Aunroved as to Form Mary I. uZc etor Dept. of Housing and Neighborhood Preservation FIRST READING: November 6, 1990 SECOND READING: November 13, 1990 - 16 - Item VI-I.b. CONSENT AGENDA ITEM # 33692 Upon motion by Counci Iman Heischober, seconded by Counci Iman Sessoms, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE $5,794 In State SHARE Homeless Intervention Program tunds. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louis R. Jones ORDINANCE TO APPROPRIATE $5,794 IN STATE SHARE - HOMELESS INTERVENTION FUNDS WHEREAS, the City is currently receivdng funds under a grant agreement for the oderation of a Homeless Intervention Program funded by the Commonwealth of Vii.,giiida Department of Housing and Community Develooment, and WHEREAS, the Commonwealth of Virginia Det)artment of Housing and Community Development has notified the City that an additional $5,794 is available for this program, and WHEREAS, such funds will be used under the terms of the grant agreement to prevent homelessness in the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED THAT the Council of the City of Virginia Beach, Virginia hereby appropriates $5,794 for the purposes of carrying out a Homeless Intervention Program and increases revenue from the Commonwealth in that amount. Adopted by Council this 13 day of November 1990. APPROVED AS TO CONTENTS: Neighborhood Preservation APPROVED AS TO FORM: FIRST READING: November 6, 1990 SECOND READING: November 13, 1990 1 7 Item VI-I.c. CONSENT AGENDA ITEM # 33693 Upon motion by Councilman fleischober, seconded by Councilman Sessoms, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE $18,000 from the General Fund to Ocean Park Rescue Squad re the purchase of an ambulance, (advance of Two-For-Life State funds expected in February 1992 to reimburse this appropriation). Vice Mayor Fentress advised as there was no indication this Ordinance was a Refundable Grant, there was a speaker in OPPOSITION during the First Reading on November 6, 1990. In order to be more definitive to the public, in the future, similar Resolutions should state they are Refundable Grants. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louis R. Jones AN ORDINANCE TO AUTHORIZE $18,000 TO OCEAN PARK RESCUE SQUAD FOR PURCHASE OF AN AMBULANCE WHEREAS, the city assists volunteer rescue squads in purchasing major equipment through loans, grants, or direct purchases, depending on a squad's ability to pay, and WHEREAS, the Ocean Park Rescue Squad has identified a need for an ambulance to enhance its first line rescue operations, and WHEREAS, the Department of Emergency Medical Services (EMS) has scheduled $18,000 for Ocean Park Volunteer Rescue Squad from Two-For-Life funds to be paid to the City during the early part of calendar 1992, and WHEREAS, EMS recommends that these funds be advanced to Ocean Park Rescue Squad at this time in order to purchase a much needed ambulance. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CTaTY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $18,000 be authorized and advanced from the General Fund to Ocean Park Rescue Squad for the purchase of an ambulance. It is understood that these funds are an advance of the Two-For-Life state funds expected to be received in February 1992. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 13 day of November 1990. 'First Reading November 6, 1990 Second Reading November 13, 1990 - 18 - Item VI-I.d. CONSENT AGENDA ITEM # 33694 Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Council APPROVED, upon FIRST READING: Ordinance to ACCEPT and APPROPRIATE $10,000 frorn the State DepartTnent of Mental Health, Mental Retardation and Substance Services to MH/MR/Substance Abuse Special Revenue Fund. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louis R. Jones I AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS IN THE AMOUNT OF $10,000 FROM THE STATE DEPARTMENT 3 FOR MENTAL HEALTH, MENTAL RETARDATION AND 4 SUBSTANCE ABUSE SERVICES 5 6 WHEREAS, the Department of Mental Health/MentalRetardation/Substance 7 Abuse Services (MH/MR/SAS) received a planning grant in FY 88/89 under 8 PL 99-457 from the State Department of Mental Health, Mental Retardation, and 9 Substance Abuse Services to develop services for birth through age two children 10 with special developmental needs; 11 WHEREAS, MH/MR/SAS Infant Stimulation Program collaborates with the 12 Southeastern Virginia Training Center's Early Childhood Program for home-based 13 and diagnostic services and with the Virginia Beach Public Schools to transi4.tion 14 children from the Infant Stimulation Program into the Special Education 15 Preschool Program; 16 WHEREAS, MH/MR/SAS has been notified that a third year plann,Lng 17 allocation in the amount of $10,000 has been approved; 18 WHEREAS, these funds will be used to purchase additional professional 19 staff hours devoted to planning the program and training of staff and there will 20 be no addition of positions to KH/MR/SAS; 21 WHEREAS, these funds do not require any city funds as a match; 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCII, OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That funds in the amount of $10,000 from the State Department of Mental 25 Health, Mental Retardation, and Substance Abuse Services be accepted and 26 appropriated to the Mental Health/Mental Retardation/Substance Abuse Special 27 Revenue Fund and that revenue from the Commonwealth be increased by $10,000. 28 This ordinance shall be in effect from the date of its adoption. 29 Adopted by the Council of the City of Virginia Beach, Virginia on the 30 day of 1 1990. 31 First Reading ovember 13, 1990 32 Second Reading - 19 - Ttem VT-J.1/2 PUBLIC HEARING ITEM # 33695 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT (a) MATN CORPORATION CONDTTIONAL USE PERMTT (b) CONTEL CELLULAR CONDITIONAL USE PERMIT PLANNING (a) ROBERT AND JANET KOTTKE RECONSIDERATION of Condition Number One (b) FERRELL PARKWAY ASSOCIATES, INC. AND, THE BROWN FARM ASSOCTATES STREET CLOSURE (c) RUNNYMEDE CORPORATION STREET CLOSURE AND, SENTARA LIFE CARE CORPORATION CONDITIONAL USE PERMIT (d) CRARLIE FALK'S AUTO WHOLESALERS, INC. CONDITIONAL USE PERMIT (e) LISA KELLER CONDITONAL USE PERMIT - 20 - Item VI-J.1. PUBLIC HEARING ITEM # 33696 PLANNING BY CONSENT Upon motion by Councilman Brazier, seconded by Councilman Heischober, City Council APPROVED In ONE MOTION Items la and 1 b of the PLANNING BY CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louis R. Jones - 21 - Item VI-J.l.a. PUBLIC HEARING ITEM # 33697 PLANNING BY CONSENT Upon motion by Councilman Brazier, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of MAIN CORPORATION for a Conditional Use Permit for mini-warehouses. ORDINANCE UPON APPLICATION OF MAIN CORPORATION FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R011901343 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Main Corporation, A Virginia Corporation, for a Conditional Use Permit for mini-warehouses on the south side of Virginia Beach Boulevard, 930 feet more or less west of the intersection with the Virginia Beach Toll Road. The parcel is located at 1933 Virginia Beach Boulevard and contains 15,246 square feet. LYNNHAVEN BOROUGH The following conditions shall be required: 1. A variance from the Board of Zoning Appeals to the Category VI landscaping requirement must be obtained prior to final site plan approval. 2. A Best Management Practices fac i I ity to accommodate stormwater runoff must be Included on the final site plan. I The OWNER or LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATENENT OF CONSENT Is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of November, Nineteen Hundred and Ninety. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Mernbers Absent: Louis R. Jones STATEMENT OF CONSENT APPLICANT: MAIN CORPORATION APPLICATION: Conditional Use Permit - Virginia Beach Boulevard (Lynnhaven Borough) DESCRIPTION: Mini-Warehouses CITY COUNCIL SESSION: Novernber 13, 1990 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 AFFIRMATIVE 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. A variance from the Board of Zoning Appeals to the Category VI landscaping requirement must be obtained prior to final site plan approval. 2. A Best Management Practices facility to accommodate stormwater runoff must be included on the final site plan. Owner By- Date: 1.3 K'Dve"60 ),;140 - 22 - Item VI-J.I.b. PUBLIC HEARING ITEM # 33698 PLANNING BY CONSENT Upon motion by CouncII man Brazler, seconded by Counc II man Helschober, City Council ADOPTED an Ordinance upon application of CONTEL CELLULAR for a Conditional Use Permit for a communication tower and service building. ORDINANCE UPON APPLICATION OF CONTEL CELLULAR FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER AND SERVICE BUILDING R011901344 BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Contel Cellular for a Conditional Use Permit for a communication tower and service buildlng on certain property located at the southeast Intersection of South Plaza Trial and the Southern Railway. Said parcel contains 26,658.7 square feet. LYNNHAVEN BOROUGH. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of November, Nineteen Hundred and Ninety. Voting: 10-0 Council Members Voting Aye: John A. Baurn, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker and William D. Sessoms, Jr. Council Members Votfng Nay: None Council Members Absent: Louis R. Jones - 23 - Item VI-J.2.a. PUBLIC HEARING ITEM # 33699 PLANNING The following registered in SUPPORT of the application: Howard Tew, 2303 Sandollar Court, Phone: 496-0510, represented the applicant Jan Kottke, 2469 Haversham Court, Phone: 481-6490, represented herself The following registered in OPPOSITION to the application: Dorothy R. Gerganus, 1112 Rollingwood Arch, Phone: 495-0275, Betty Darrah, 5016 Providence Road, Phone: 495-0230 Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentress, City Council APPROVED the amendment of Condition Number One in the February 12, 1990, approved application of ROBERT and JANET KOTTKE for a Conditional Use Permit (private school) ORDINANCE UPON APPLICATION OF ROBERT KOTTKE AND JANET KOTTKE FOR A CONDITIONAL USE PERMTT FOR A PRIVATE SCHOOL R02901282 Ordinance upon application of Robert and Janet Kottke for a Conditional Use Permit for a private school on Lot 10A, Bellamy Manor. Said parcel is located at 5009 Providence Road and contains 1.4 acres. KEMPSVILLE BOROUGH. 1. Hours of operation shall be limited to (Monday through Friday: 175 Students - 7:30 a.m. 12:00 Noon 80 Students - 12:00 Noon 3:15 p.m. 40 Students - 3:15 p.m. 5:30 p.m. Voting: 9-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: Louis R. Jones I - 24 - Item VI-J.2.b. PUBLIC HEARING ITEM # 33700 PLANNING Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the applicant Lou Pace, 1098 Hunts Neck Court, spoke in OPPOSITION. Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City Council DEFERRED to the City Council Session of November 27, 1990, the Petition of FERRELL PARKWAY ASSOCIATES, INC. and THE BROWN FARM ASSOCIATES for the discontinuance, closure and abandonment of a portion of Strawbridge Road: Ordinance upon application of Ferrell Parkway Associates, Inc., and the Brown Farm Associates for the discontinuance, closure and abandonment of a portion of Strawbridge Road beginning at the western boundary of General Booth Boulevard and running In a northwesterly direction a distance of 364 feet more or less. More detailed Information is available In the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louis R. Jones - 25 - Item VI-J.2.c.1 PUBLIC HEARING ITEM # 33701 PLANNING Michael Barrett, 1829 Eden Way, Phone: 490-7373, Chief Executive Officer/Vice President - Runnymede Corporation, represented the applicant Dr. Frattalone, 3741 South Boulevard, Phone: 486-3801, represented the Windsors Woods/Forest Community. Dr. Frattalone presented a petition containing over 350 signatures in opposition to be made a part of the record; however, with the present proposal of Spruce Street not being a thru street, Dr. Frattalone advised the Civic League would be in support of this application. Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council APPROVED subject to compliance by June 24, 1991, Ordinance upon application of THE RUNNYMEDE CORPORATION for the discontinuance, closure and abandonment of a portion of Walnut Street and Fourth Street: Ordinance upon application of The Runnymede Corporation for the discontinuance, closure and abandonment of the following parcels: Parcel 1: Closure of a portion of Walnut Street beginning at the northern boundary of South Boulevard and running northerly to the southern boundary of the Virginia Beach-Norfolk Expressway. Said parcel is 66 feet in width. Parcel 2: Closure of a portion of Fourth Street beginning at the western boundary of Spruce Street and running westerly a distance of 610 feet. Said parcel is 50 feet in width. Said parcels contain 2.10 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. It appears that the applicant owns the underlying fee to the rights-of-way proposed for closure. If this is verified by the City Attorney's Office, purchase from the City would not be required. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into adjoining parcels, as well as to ensure that all lots have access to a public street. 3. The 60-foot-wide drainage easement adjacent to the Vir-inia Beach Toll Road must be retained across the portion of Walnut Street proposed for closure. 4. The applicant is responsible for making arrangements to accommodate any other non-municipal utilities which may be located in the rights-of-way proposed for closure. 5. Closure of the rights-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council, (June 24, 1991). 1 - 26 - Item VI-J.2.c.1 PUBLIC HEARING ITEM # 33701 PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Ifeischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louis R. Jones - 27 - Item VI-J.2.c.2 PUBLIC HEARING ITEM # 33702 PLANNING Michael Barrett, 1829 Eden Way, Phone: 490-7373, Chief Executive Officer/Vice President - Runnymede Corporation, represented the applicant Dr. Frattalone, 3741 South Boulevard, Phone: 486-3801, represented the Windsors Woods/Forest Community. Dr. Frattalone presented a petition containing over 350 signatures in opposition to be made a part of the record; however, with the present proposal of Spruce Street not being a thru street, Dr. Frattalone advised the Civic League would be in support of this application. Upon motion by Councilman Brazier, seconded by Councilman Sessor-qs, City Council ADOPTED an Ordinance upon application of SENTARA LIFE CARE CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SENTARA LIFE CARE CORPORATION FOR A CONDITIONAL USE PERMIT FOR A 120-BED NURSING HOME AND AN 80-BED HOME FOR THE AGED R011901345 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sentara Life Care Corporation for a Conditional Use Permit for a 120-bed nursing home and an 80-bed home for the aged on the west side of Spruce Street, 300 feet more or less north of South Boulevard. Said parcel contains 10.38 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Existing trees shall be preserved along the southern, western and northern property lines of the subject site and in open space areas. A tree preservation plan shall be submitted to the Landscape Administrator for approval. 2. Category IV landscaping is required along the southern property line. Existing trees should be utilized to meet this requirement to the maximum extent possible. Condition No. 3 shall be AMENDED to read: 3. No access to this site from that portion of South Boulevard West of Spruce Street. Condition No. 4 shall be AMENDED to read: 4. Spruce Street will not be a thru street. Access to Sentara Life Care Corporation will be via Sentara Way (part of which was formerly Fourth Street) from the Eastern Boundary of the proposed Sentara Site to Rose-@nont Road. 5. The facility shall have a maximum of 120 nursing beds and 80 assisted-living beds. 6. A minimum of 160 parking spaces, as shown on the submitted site plan, are required. 7. An automatic fire alarm system and an automatic sprinkler system meeting the approval of the Fire Department, Division of Plans Review and the City Fire Protection Engineer are required. - 28 - Item VI-J.2.c.2 PUBLIC HEARING ITEM # 33702 (Continued) PLANNING This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of November, Nineteen Hundred and Ninety. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council @lembers Absent: Louis R. Jones - 29 - Item VI-J.2.d PUBLIC HEARING ITEM # 33703 PLANNING Ted Dietrich, 1018 Tottenham Lane, Phone: 496-7935, Real Estate Broker and Consultant, represented the applicant. Richard K. Stell, 219 66th Street, Phone: 428-5824, represented John Sirine and Associates, registered in SUPPORT of the application and WAIVED his right to speak. Upon motion by Councilman Heischober, seconded by Councilman Clyburn, City Council ADOPTED an Ordinance upon application of CHARLIE FALK'S AUTO WHOLESALERS, INC. for a Conditional Use Permit for bulk storage: ORDINANCE UPON APPLICATION OF CHARLIE FALK'S AUTO WHOLESALERS, INC. FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE R011901346 BE IT IIEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNIA Ordinance upon application of Charlie Falk's Auto Wholesalers, Inc. for a Conditional Use Permit for bulk storge on Lots 3, 4, 5 & 6, Block 26, Euclid Place. The parcel is located at 5083 Virginia Beach Boulevard and contains 13,762 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The subject site shall adhere to the new landscaping requirements pertaining to automobile display areas, except that landscaping is not required along the undeveloped portion of Jersey Avenue. 2. A variance from the Board of Zoning Appeals to the fencing/screening requirement must be obtained prior to final site plan approval. 3. The final site plan must be revised to show an area reserved for the location and construction of a detention and/or infiltration Best Management Practices facility. Infiltration trenches located underneath pavement shall not be allowed. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of November, Nineteen flundred and Ninety. - 30 - Item VI-J.2.d PUBLIC HEARING ITEM # 33703 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert 'E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louis R. Jones - 31 - Item VI-J.2.e PUBLIC HEARING ITEM # 33704 PLANNING Merwyn H. Keller, Jr. , 417 Buthune Drive, Phone: 463-2066, represented his daughter, the applicant Upon motion by Councilman Brazier, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of LISA KELLER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LISA KELLER FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (FAMILY DAY CARE HO@IE) R011901347 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Lisa Keller for a Conditional Use Permit for a home occupation (family day care home) on Lot 5, Section 21, Princess Anne Plaza. Said parcel is located at 417 Bethune Drive and contains 9,952 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The total number of children shall not exceed 12, including the two children residing in the household. 2. The hours of operation shall be from 6:00 a.m. to 12 midnight. After 7:00 p.m., the number of unrelated children shall be limited to four. 3. No outdoor play activities shall commence prior to 8:00 a.m. 4. Approval is for a period of one year. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of November, Nineteen Hundred and Ninety. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louis R. Jones - 32 - Item VI-M.l. ADJOURNMENT ITEM # 33705 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 3:07 P..M. Beverly @.'Hooks Chief Deputy City Clerk @uth HodgEg Smith, CMC Mey6ra Oberndorf City Clerk Mayor City of Virginia Beach Virginia