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Home My WebLink AboutOCTOBER 9 ,1990 MINUTES @it@"f -vir-ggi"ic-A IF3@@@" "WORLD'S LARGEST RESORT CITY" CITY COUNCIL J-@ JR, HIR- I.., IIIL j @1-1, l@- ...,l 11@.1 I -TTI, JR, Ii,, CITY COUNCIL AGENDA OCTOBER 9,1990 ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room 9:30 AM A. BOARD OF BUILDING CODE APPEALS Electrical Division New Construction Division Plumbing and Mechanical Division Frank 1. Adkins, Chairman, New Construction Division Building Maintenance Division Maryann 1. Ustick, Director of Housing and Neighborhood Preservation ITEM 11. CITY MANAGERTS BRIEFING - Conference Room - 10:00 AM A. CAPITAL IMPROVEMENT PROGRAM FY 1990-91 - 1994-95 ITEM 111. CITY COUNCIL CONCERNS - Conference Room - 12:30 PM ITEM IV. L U N C H - Conference Room - 1zoo PM ITEM V. INFORMAL SESSION - Conference Roorn - 1:15 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM VI. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Ralph M. Halliwill Bayside Baptist 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. INFORMAL & FORMAL SESSIONS - October 2, 1990 G. CONSENT AGENDA AII matters II sted under the Consent Ag end a are cons ldered In the ordinary course of business by City Counci I and wl I I be enacted by one motion in the form listed. If an Item is removed frorn the Consent Agenda, It will be dlscussed and voted upon separately. 1. Ordinances, upon SECOND READING: a. To APPROPRIATE $11,404,697 for FY 1991 re payment of purchase orders brought forward frorn FY 1990. b. To APPROPRIATE $59,491 frorn the Sale of Surplus Inventory to Public Works Solid Waste Division re replacement of compactor at the landfill. c. To ACCEPT and APPROPRIATE a $1,299 State Grant from the Virginia Department of Motor Vehicles to the FY 1990-1991 Operating Budget of the Police Department re purchase of anti- radar detection device. 2. Ordinance authorizing tax refunds In the amount of $6,693.80. H. PUBLIC HEARING 1. PLANNING BY CONSENT a. Application of MARGARET A. TWOHY for Variances to the Subdivision Ordinance at 1816 Addington Road (LYNNHAVEN BOROUGH): Section 4.4(b) which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance; AND, Section 4.4(d) which requires all lots created by subdivision to have direct access to a public street. Recommendation: APPROVAL b. Application of DAVID WILLIAMS for a Conditional Use Permit for a church at the Northeast corner f south Plaza fra..@@ and Daytona Drive (156 South Plaza Trail), containing 27,720 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL c. Petition of DAVID THROCKMORTON and FLORINE HORAY for the disconttnuance. closure and aba donment of a portion of Hutton L undary of Virginia each B, nning in a Nor- erly direction a distance of 325 feet more or less, being variable In width and containing 12,257 square feet more or less (LYNNHAVEN BOROUGH). Recommendation: APPROVAL, subject to compliance. 2. PLANNING a. Appi ication of GALE M. and DAVID 1. LEVINE for a change of Zonlng District classification from A-36 ApartmentT DFstri-ct o B-2 Com 'u " - U' ' t unity Business strict on th- East"sid . of GratctNek Road, 5 0 f@et more or less South of Lynnhaven Drive (2100 Marina Shore Drive), containing 21,740.79 square feet (LYNNHAVEN BOROUGH). DEFERRED: September 18, 1990 Recommendation: APPROVAL b. 1. Petition of THE RUNNYMEDE CORPORATION for the discont[nuance, closure and abandonme (LYNNHAVEN Bo an,, alandonment Parcel 1. Portion of Walnut Street beginning at the Northern bounTarY-of South Boulevard and running Northerly to the Southern boundary of the Virginia Beach-Norfolk Expressway, belng 66 feet In width. Parcel 2. Portion of Fourth Street beginning at the Western boun arY of SPruce Street and running Westerly a distance of 610 feet, being 50 feet In width. Total: 2.10 acres; AND, 2. Appl lcation of SENTARA LIFE CARE CORPORATION for a Con "t'ona IUse Permt for a 120-bed nursinq home and an 80_ bed h-me fr the a ed n the weST side of Spruce Street, 300 fet mor. or Ies. North 0f South Boulevard, contatning 10.38 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL BOTH APPLICATIONS APPOINTMENTS HISTORICAL REVIEW BOARD PRINCESS ANNE COUNTY TRICENTENNIAL COMMITTEE TRANSPORTATION SAFETY COMMISSION J- UNFINISHED BUSINESS K. NEW BUSINESS 1. REQUEST TO SCHEDULE RECONSIDERATION OF CONDITIONS: a. NEWLIGHT AND ASSOCIATES landfill POrmit renewal (Permit No. V889-260-L issued Octob,r 1989) to fill a borrow pit at the end of Fenton Street (Homestead) (KEMPSVILLE BOROUGH), (approved September 18, 1990, Item #33442). (Sponsored by Councilman Robert W. Clyburn) b. Application of ROBERT and JANET KOTTKE for a Conditional Use Permit for a private school on Lot IOA, B liamy Manr (5009 P@ovidence oad) containing 1.4 acres (KEMPSVILLE BOROUGH), (approved February 12, 1990, Item #32411). L. ADJOLIRNMENT CITY COUNCIL SESSIONS RESCHEDULED DECEMBER 6, 1990 2:00 PM Reschedule of December 4 NATIONAL LEAGUE OF CITIES (All Sessions of City Council are now held weekly on Tuesday) 10/4/90 Igs 13 - Item VI-F.I. MfNUTES ITEM # 33586 UPOn motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council APPROVED the Minutes of INFORMAL AND FORMAL SESSIONS of October 9, 1990, as CORRECTED. ITEM # 33547, Page 7, City Council Concerns Councilman Baum not Councilwoman Parker referenced the article in h@e VIRGINIA-PILOT/LEDGER STAR with reference to the ten (10) worse bridges in the area. Voting: 11-0 Council Members Voting Aye; John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vlce Mayor Robert E. Fentress, Harold Helschober, Louis R. Jones, 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: None MI NUTC-S VIRGINIA El[-:ACI-I C;ITY COUNCIL Vlrgiiiia ocicil, Virginia October 9, 1990 Vice Mayor Robert E. Fentress c,lled to order the COUNCIL CONFFRENCE SESSION of the VIRGINIA BEACH CITY COUNCIL in the Conference Room, City Hall Building, on Tuesday, October 9, 1990, at 9:30 A.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold fleischober, Reba S. McClanan, and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf (ENTERED: 11:00 A.M.) Mayor Oberndorf was speaking at the celebration of Kingston Elementary School recipient of the U.S. Department of Ed@cation National Exemplary School Award Paul J. Lanteigne (ENTERED: 9:52 A.M.) Louis R. Jones (ENTERED: 10:55 A.M.) Attending the celebration of Kingston Elementary School William D. Sessoms, Jr. (ENTERED: 11:50 A.M.) - 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 BOARD OF BUILDING CODE APPEALS Electrical Division/New Construction Division/Plumbing and Mechanical Division 9:30 A.M. ITEM # 33542 Robert Loher, Director of Permits and Inspections, introduced Frank I. Adkins - Chairman - New Construction Division. Chairman Adkins advised there are five (5) Members comprising the New Construction Division consisting of a State Registered/Licensed Architect, State Registered Land Surveyor, State Registered/Licensed Contractor, Building Supply Specialist and a Professional Engineer. The Division is on an "as-called" type of Meeting Agenda and is available to Mr. Loher's Office on relatively short notice. If there is a disagreement between Permits and Inspections and a new contractor relative interpretation, the New Construction Division acts as an arbitrator or support. Basically in 90% of the cases, the Division is in complete agreement with the interpretation of Permits and Inspection. Last year, the Division was SCHEDULED for five cases; however, they actually heard only three. The other two cases were absolved prior to the meeting. The majority of cases entail fire protection. In the site plan review process, there are many agencies involved. Once a building permit is issued, the applicant is vested and has a right to build under the Code in effect at the time of issuance of the permit. Any appeal from the Building Official goes to the Local Board of Adjustments and an appeal from this is presented before the State Board of Housing. Further appeals are referred back to the Circuit Court of the original jurisdiction. Mr. Loher advised the Electrical Division shall hear and decide appeals from any order, ruling or decision of the Electrical Inspector. This Division has not met within the past year. The Plumbing and Mechanical Division has met one time this past year and shall hear and decide appeals from any order, ruling or other decision of the Plumbing or Mechanical Inspector. Mr. Loher cited an appeal involving the City declaring permits for apartments were invalid, as the applicant had not activated them within a six months period. The Local Board upheld the City's decision and this decision was appealed to the State Board of Housing at which time the City Attorney's Office developed a compromise in relation to the City Water fees. There have been some direct Code violations which the City has taken directly to Court. - 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 BOARD OF BUILDING CODE APPEALS Building Maintenance Division Maryann 1. Ustick, Director of Housing and Neighborhood Preservatlon ITEM # 33543 Maryann 1. Ustick, Director of Housing and Neighborhood Preservation, advlsed the Building Maintenance Division of the Building Board of Appeals has never met. Prior to the adoption ot the Statewide Building Maintenance Code by the City In October 1986, the City enforced its own Housing Code Ordinance entitled the Minimum Houstng Code, which required that all cases of non compl lance with the Code must go before the Housing Board of Appeals. Since the City has adopted the Statewide Building Maintenance Code, however, appeals are to be heard by the Board of Building Code Appeals - Building Maintenance Division. The Building Maintenance Code does not require cases of non compliance with the Code be heard before the Appeals Board prior to prosecution In Court. The Board exists only to hear appeals where the property owner, on his own vol ition, requests an appeal hearing by the Board and same has to be within twenty days after he has been cited for a Code violation. The notice of violation Informs the property owner of his right to apply to the Code offictal for modification such as an extension in the amount of time needed to comply. The Code requires al I requests for modif ications be submitted to Housing and Neighborhood Preservation In writing. Reasonable requests for modifications which do not endanger health or safety are routinely administratively granted. The notice of violation also Informs the owner he may appeal a decision of the Code Official to the Board of Building Code of Appeals/Building Maintenance Division. There are four reasons cited In the State Code upon which an appeal can be requested and based. Since the Adoption of the Buildlng Maintenance Code in 1986, the property owners have applied freely to the City's Housing Code Officials for extensions or modifications to the Code in order to obtain compliance. These requests have been granted when practical. However, some requests for modifications are definitely denied, i.e, rental property cited for lack of heat or hot water. The City is obviously not going to give an extension for something which would endanger the health and safety of the occupants. All of the cases of noncompliance have either been addressed administratively by routine modifications or the City has proceeded in Court. There have been no appeals to the Building Maintenance Division, therefore a Chairman or Vice Chalrman has never been elected nor a meeting held. The current system, however, has worked very well. Alex Davis, Housing Code Administrator, advised there have been approximately 2,500 complaints under the Buliding Maintenance Code. Only approximately 3% of these were prosecuted. Mrs. Ustick advised the Unsafe Building Ordinance adopted by the City indicates a building can be demolished by the City without permission of the property owner after certain notification procedures are followed, if unsafe or structurally unsound. This definition Is causing some problems. The City may be limited by Its own code and many need to Investigate further a greater ability to demolish same particularly, If same Is being used as a "crack house". Housing and Neighborhood Preservation enforce the City's weed enforcement. Temporary weed inspectors have been hired through a contractual agency as the majority of these do not require Code enforcement. This al lowed the staff to handle the regular complaints and systematic code enforcement of the housing stock upon which the City needs to concentrate. The problem arising from weed complaints entalls receiving a nice letter upon the Initial violation. In five days, if the situation Is not corrected, the Individual receives a legal letter. Prosecution follows, If the situation is not corrected within a certain period of time. However, normally in a vacant house, If there Is no reply to the two notices, a contractor is referred to cut the property within seven (7) days. Usually within 21 days the property is cut. - 4 - C I T Y M A N A C E R 'S B R I E F I N G CAPITAL IMPROVEMENT PROGRAM FY 1990-91 - 1994 -95 SCHOOLS 10:00 A.M. ITEM # 33544 Mr. Gregory Stillman, Chairman of the School Board, advised the School's enrollment figures are approximately 70,400 students which is almost 800 above the projections. An analysis will be provided relative the reason for this occurrence One of the reasons appear to be the effect of the economy upon private schools. The School Board and Administration hope to have Tallwood High School operational by 1992 in order to effect the Middle School Conversion. Information will be provided concerning cost of transporting students to a proposed Stadium for Tallwood should same be located in another site. Specific enrollment figures concerning the General Booth Corridor were requested. In 1994 there should be a shortfall of 480 students in Strawbridge, Ocean Lakes, Red Mill and Princess Anne High Schools. Strawbridge will open next June. A feasibility study relative 'year-round schools should be investigated and can be performed in-house. Buena Vista is the only system in the State with 'year- round schools and seems to be quite successful. 1992 will be a difficult year because of the disruptions evident in neighborhoods by the boundary changes. It will be difficult to draw the boundaries for Strawbridge School and develop an equitable solution. The General Booth School Site has been acquired at a cost of $800,000. The School Board will consider moving forward with CIP No. 1-027 Brandon Junior High School Repiping of the Closed Loop System and CIP No. 1-032 Oil Fired Broiler Replacements for the Center for Effective Learning Additional student parking will be provided at Kellam next Summer. Chairman Stillman requested all Members of City Council forward any further inquiries to the Schools portion of the Capital Improvement Program. - 5 - 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 ROADS/HIGHWAYS 10:44 P.M. ITEM # 33545 E. Dean Block, Assistant City Manager for Administration, with the utilization of a map, displayed the development and growth of the City's roadway programs over the past several years commencing with 1986-87. The "red" lines indicate projects already completed. The "green" lines are projects currently under construction and include the completion of the last leg of Virginia Beach Boulevard, the North Hampton Boulevard Area and Dam Neck Road, which is the most strategically important and creates an entirely new corridor across that portion of the City. The "dark blue" lines indicate projects currently under design. Two of most important in terms of financial issues are the Independence III and IV Projects. Independence III currently being bid in anticipation of acceptance and will probably be underway in December 1990 or January 1991. These two projects alone represent an investment of approximately $60-MILLION. Other roads under design include Ferrell Parkway, Phase V, London Bridge, and the last portion of eight lanes of Princess Anne Road from Independence to Landstown Road, which should be bid by January 1991. The "light blue" represents future design projects within the first five years of the Capital Improvement Program. The projects reflected on the map extend only through 1994-1995. There are a number of other road projects, which will continue and be beyond the first five years. The CIP holds true to the basic idea of the GREEN LINE as an "urban growth boundary". It was not considered to be appropriate, as has been the case over the last several years, to plan extensive new construction of urban type facilities. Based on City Council's decision regarding Constitution Drive Flyover, the staff has deleted funding for the project and reallocated State 6-year plan funding to other projects, including most notably Ferrell Parkway Phase VI and VII and Birdneck Road. It was recommended Council consider rescinding the resolutions governing the use of the $8-MILLION annual road bond allocation and $52-MILLION of such bonds be programmed to help move projects ahead. $20-MILLION of the special roads bonds could be utilized to accelerate the program of the Atlantic Avenue Demonstration Project. This will, among other projects, advance the Salem Road project and contribute to moving Independence III forward. State allocation reimbursement will be utilized to provide for the Salem Road project and adjustments have been made in pay-as-you-go allocation levels to accommodate the bonds as they are issued. Included in the planning is the rescheduling of the $30-MILLION November 1991, Road Referendum to November 1992. Tt was believed all the projects from the 1986 Referendum should be well completed prior to a second Referendum and that coordinating the Road Referendum with the 1992 Schools Referendum during a Presidential election would insure voter interest and involvement. This roadway program can also be greatly enhanced in financing by the addition of a $5.00 increase in the City's automobile decal fee commencing in January 1992. - 7 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 33547 Councilwoman Parker referenced an article in the VIRGINIAN-PILOT/LEDGER STAR on Sunday, October 7, 1990, with reference to the ten (10) worse bridges in the area. ITEM # 33548 Councilwoman Parker referenced FIORTUNE 500 containing an article relative Norfolk being the major City in the area with over I-MILLION population. The City Manager advised correspondence had been forwarded to Fortune 500 relative the City of Virginia Beach. ITEM # 33549 Councilwoman Parker referenced correspondence from the City Manager relative the de Witt Cottage. Councilwoman Parker expressed concern relative the stringent restrictions which are deemed covenants running with the land. The most significant restriction prohibits all future development and requires the de Witt Cottage property be preserved as a historic site in perpetuity. BY CONSENSUS, the City Manager shall close on the property of the de Witt Cottage on October 10, 1990. ITEM # 33550 Councilwoman Parker referenced the scHEDnING of a BRIEFING relative the powers and duties of a HUMAN RIGHTS COMMISSION for the City Council Session of October 23, 1990. An estimate of cost will be reflected. An ordinance for the formation of a HUMAN RIGHTS COMMISSION has been SCHEDULED for the City Council Session of November 6, 1990. Councilwoman Parker advised Mr. Minns had commented there were problems which had occurred. Councilman Lanteigne will be in Richmond next Tuesday, October 16, 1990, and will confer with the Director of the State Human Rights Commission. Councilwoman Parker requested information from the State level as to how Virginia Beach has been reflected in this issue. Councilwoman Parker also inquired if there are any problems with the City's Personnel Grievance Board as denoted by Mr. Minns. The City Manager advised an extensive survey with the City Attorney's Office had been conducted relative Human Rights Commissions in other localities. Mayor Oberndorf required further information relative the formation of the HUMAN RIGHTS C"ISSION. Would the City be allowed to appoint Boards and Commissions or would this Human Rights Commission decide the number of individuals appointed and their representation? Would this Commission overrule the Personnel Board or make it obsolete? Mayor Oberndorf needed advice relative the type of financial commitment necessary for the appointment of said Commission. Councilman Jones also expressed concern and requested an analysis of the cost of this HUMAN RIGHTS COMMISSION. The brochure describes a major bureaucracy. If so, this should be considered in context to the overall budget. Councilwoman Parker requested information concerning grievances against banking institutions by individuals who thought they were wrongly serviced in the area of human rights. ITEM # 33551 Councilman Clyburn advised representing Mayor Oberndorf on Saturday, October 6, 1990, at the Kellum Funeral Home Dedication Ceremony and Ribbon Cutting (Pleasant Hall). The renovation of this historic building was extremely lovely. 9 8 C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 33552 Councilman Jones advised this morning, October 9, 1990, Mayor Oberndorf and himself were being entertained royally by beautiful children at the celebration of Kingston Elementary School receiving the U.S. Department of Education National Exemplary Award. ITEM # 33553 Councilman Heischober referenced the City Manager's Memorandum relative the relocation of the Pendleton Child Service Center. The decision was made to rent privately owned building space. Proposals ware received from two developers. The rent would be $18.00 per square foot, full service. Councilman Heischober advised space is being rented for $14.00 per square foot. The City Manager advised the City had investigated the opportunities to utilize an existing structure and attempt to adapt same for the facility. However, with the cooking and specialized type of arrangements connected with the program, this was extremely difficult. There was also an effort to attempt to move the facility to the western part of the City because Pendleton Child Service Center does serve significant portions of Chesapeake and Virginia Beach. Additional information will be provided relative the relocation, as well as a list of all the City's leased properties. ITEM # 33554 Vice Mayor Fentress advised appropriate times for a Public Hearing of the SCHOOL BOARD APPOINTMENTS would be at the first Council Session, December 6, 1990, with appointments SCHEDULED for the City Council Session of December 11 or 18. ITEM # 33555 Councilwoman Parker advised there also were several PLANNING C"ISSION expirations. It might be beneficial to appoint these members as early in December as possible, so they might attend the regular meeting prior to their actual serving on the PLANNING COMMISSION. ITEM # 33556 Captain Brazier again requested the list of the consultants for the City. ITEM # 33557 Councilman Lanteigne referenced correspondence to Art Collins, Executive Director - Hampton Roads Planning District Commission,- discussing the Regional Jail Study. As two localities had backed out, the City Manager advised he could not request additional funds for this study. He recommended the original amount of $164,000 be made available to the Hampton Roads Planning District Commission for the Regional Jail Study, with no other funds forthcoming. The City Manager also had serious concerns about the State's willingness and ability to fund 50% of a large regional jail. Councilman Brazier advised relative regionalization, there is a similar situation concerning water. Norfolk does not want to be involved in a regional issue concerning this as they have abundant water. Norfolk and Portsmouth do need immense help with prisoners; however, Virginia Beach appears to be in excellent shape. This issue of a regional jail should be included in a package of regional negotiations for different projects. Mayor Oberndorf confirmed with Council Lady McClanan, Chair, that the next Hampton Roads Planning District Commission meeting is SCHEDULED for Wednesday, October 17, 1990. A Resolution shall be DRAFTED for the City Council Session of October 16, 1990. The City Manager will provide information relative Councilman Brazier's inquiry concerning the State's reimbursement of an additional amount for prisoners housed whose serving time remains over a year. Information will also be provided relative possible locations of the regional jail. The General Assembly has not yet passed the Bill allocating 50% of the funding for the Regional Jail. - 9 - C IT Y CO UN CIL CON C E R N S ITEM # 33558 Councilman Lanteigne referenced his correspondence distributed to Members of City Council. Councilman Lanteigne was concerned about the process used in the past to formulate the "wish list" for the General Assembly. Councilman Lanteigne was concerned that this year's Legislative Session will be dominated by such major issues as reapportionment and the State budget shortfall. Councilman Lanteigne proposed the Council meet with their Members of the General Assembly prior to the formulation of any list and solicit their input. Mayor Oberndorf advised with the Dillon Rule there is a healthy strain between the City and the State. The Chamber of Commerce also has a "wish list" and work relative transportation and other issues with the Region and Members of the General Assembly. The Mayors and Managers are meeting with strategic members of the General Assembly and have been for a year to discuss pertinent issues. Councilwoman McClanan advised the Legislative Proposals are "staff driven". The larger areas around the State have met by this time of year with their Members of the General Assembly and then meet with them again closer to the Session to discuss the exact proposals. Councilman Jones supported Councilman Lanteigne's proposal. Mayor Oberndorf advised there are eighteen (18) localities comprising the Virginia Municipal League which are meeting and forwarding issues to the representative members of the General Assembly. The VML has attended the session for the General Assembly's special Hampton Roads Caucus. There has not been a lack of communication. Mayor Oberndorf referenced a Regional Meeting with Northern Virginia and a group of Legislators in Richmond, entitled, the Urban Crescent. Issues were formulated and they worked in conjunction with the VML. Councilwoman Parker requested the Council Members be advised of the General Assembly Agenda. Councilman Heischober advised reapportionment and budgetary concerns would be the main items of the General Assembly. The Legislators should be advising the City of the focus and we, in turn, advise them of the Council's concerns within the City. A letter shall be drafted to Members of the General Assembly to determine a mutually agreeable date to confer relative Legislative Proposals. Vice Mayor Fentress advised any items contained within the Legislative Package should be agreed upon by a vote of 11-0 if the package is to be meaningful. Mayor Oberndorf advised Senators Holland, Stallings, Delegate Croshaw and other Members of the General Assembly have acknowledged the tremendous assistance of the City Staff in research and bringing forth recommendations in the best interest of the citizens. - 10 - C 0 N C E R N S 0 F T H E M A Y 0 R 5:10 P.M. ITEM # 33559 Mayor Oberndorf referenced her letter and the City Manager's concerning City Council's position relative pledge bonds4 The CitY will be anxious to as,ertain if the General Assembly delegation supports pledge bonds at the State and Local Level. Councilwoman McClanan advised the main issue was what additional reverlue sources the State will provide to support the vote for pledge bonds. Mayor Oberndorf advised Secretary Dwight Dalton spoke to the Virginia Municipal League and explained the sources of revenue had not been chosen. Commissioner Ray D. Pethtei - Virginia Department of Transportation, advised once the pledge bonds were decided then the method of funding would be formulated. ITEM 33560 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyer a E. Oberndorf in the Con f erence Room, Cl ty HAII Bui I d I ng, on Tuesday, October 9, 1990, at 1:20 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None - 12 - ITEM # 33561 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1- PERSONNEL MATTERS: Discussion or consideration of appointment of specific public appointees pursuant to Section 2.1-344(A)(1). To-wit: Appointments - Boards and Cornmissions as I !sted In the Formal Agenda. Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, 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: None - 13 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL October 9, 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 Hal I Bul Iding, on Tuesday, October 9, 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, Louls R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms Council Members Absent: None INVOCATION: Reverend Ralph M. Halliwill Bayside Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LINITED STATES OF AMERICA - 14 - I tem V I -E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 33562 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John A. Baum and William D. Sessoms, Jr. CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 33561 Page No. 12, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. @th Hodges-Smith, CMC/AAE -City Clerk October 9, 1990 1 5 Item VI-F.l. MINUTES ITEM # 33563 Upon motion by Vice Mayor Fentress, seconded by Counci lwornan Parker. City Council APPROVED the Minutes of INFORMAL AND FORMAL SESSIONS of October 2, 1990 1990. Voting: 9-0 Council Members Voting Aye: James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John A. Baum and William D. Sessoms, Jr. - 16 - Item VI-G.l. CONSENT AGENDA ITEM # 33564 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council APPROVED in ONE MOTION Items la./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, Louls R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Wllliam D. Sessoms, Jr. - 17 - Item VI-G.I.a. CONSENT AGENDA ITEM # 33565 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE $11,404,697 for FY 1991 re payment of purchase orders brought forward from FY 1990. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. AN ORDINANCE TO APPROPRIATE $11,404,697 FOR FISCAL YEAR 1991 FOR THE PAYMENT OF PURCHASE ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1990 WHEREAS, during the course of business in fiscal year 1990, purchase orders or contracts were issued committing the city to purchase of materials, supplies, equipment or services for use by several departments, divisions or bureaus, and WHEREAS, these purchase orders or contracts were charged to appropriations previously authorized for the fiscal year ended June 30, 1990 so as to reduce the unencumbered balance of those appropriations, and WHEREAS, on June 30, 1990, there were purchase orders or contracts totalling $11,404,697 for which materials, supplies, equipment or services had not been delivered or invoiced. . NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the funds totalling $11,404,697 unexpended and represented by purchase orders outstanding on June 30, 1990 be reappropriated as additions to fiscal 1991 appropriations to the respective departments, division, or bureaus of the city so that upon delivery of the materials, supplies, equipment or services, there shall be sufficient funds to make payment. These funds shall be appropriated from the following respective fund balances: General $ 6,334,830 School Operating 4,184,078 Water & Sewer 440,399 Golf Course 28,767 City Garage 46,084 Telecommunications 55,692 Print Shop 33,446 Risk Management 378 Marine Science Museum 32,375 Community Corrections 22,615 MH/MR/SA 88,431 Resort Parking 9,862 Microcomputer 85,391 Law Library 210 Athletic Special Revenue 33,579 School Cafeterias 8,560 Total Outstanding $11,404,679 This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 9 day of October 1990. PUBLIC HEARING: October 2, 1990 FIRST READING: October 2, 1990 SECOND READING: October 9, 1990 Item VI-G.I.b. CONSENT AGENDA ITEM # 33566 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE $59,491 from the Sale of Surplus Inventory to Public Works Solid WdSte Division re replacement of c(xnpactor at the landfill. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Loui5 R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessorns, Jr. 1 AN ORDINANCE TO APPROPRIATE @59,491 FROM THE SALE OF 2 SURPLUS INVENTORY TO PUBLIC WORKS SOLID WASTE DIVISION 3 FOR THE REPIACEMENT OF A COMPACTOR AT THE IANDFILL 4 WHEREAS, the FY 1990-1991 Operating Budget provided $200,000 for the 5 replacement of the compactor at the landfill; 6 WHEREAS, the actual purchase price of the compactor is $249,490 with 7 $189,999 being paid in cash for the new compactor and $59,491 being the trade- 8 in value of the old compactor; 9 WHEREAS, to provide for correct accounting of the city's inventory 10 the new compactor must be reflected at its full purcbase price, necessitating 11 in an increase in appropriations of $59,491 with an offsetting revenue increase 12 of $59,491 from the sale of the old compactor. 13 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA that the revenue estimate for the FY 1990-1991 Operating 15 Budget, Sale of Surplus Equipment be increased by $59,491 and that funds in the 16 amount of $59,491 be appropriated into the Bureau of Solid Waste Disposal 17 Replacement of Construction Vehicles and Equipment account for the purchase of 18 a compactor. 19 This ordinance shall be effective from the day of its adoption. 20 First Reading October 2, 1990 21 Second Reading October 9, 1990 22 Adopted on this day October 9, 1990 19-. - 19 - Item VI-G.I.c. CONSENT AGENDA ITEM # 33567 Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED, upon SECOND READING: Ordinance to ACCEPT and APPROPRIATE a $1,299 State Grant from the Virginia Department of Motor Vehicles to the FY 1990-1991 Operating Budget of the Police Department re purchase of anti-radar detection device. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndort and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. 1 AN ORDINANGE TO ACCEPT A STATE GRANT 2 AND APPROPRIATE $1,299 TO THE FY90-91 3 OPERATING BUDGET OF THE POLICE DEPARTMENT 4 TO PURCHASE AN ANTI-RADAR DETECTION DEVICE 5 WHEREAS, the State Department of Motor Vehicles provides additional funding 6 assistance to local traffic enforcement programs periodically depending upon 7 available revenues; 8 WHEREAS, the operation of a radar detection devices are prohibited by state 9 code, and a recent test of the device by the Police Department yielded numerous 10 violations within a short period of time; 11 WHEREAS, the State has notified the City that $1,299 is available througli 12 the Department of Motor Vehicles for the purchase of an anti-radar detection 13 device. 14 NOW, THEREFORE, BE IT ORDAIMED BY THE CITY COUNCIL OF VIRGINIA BEACH, 15 VIRGINIA, that the City accept the State grant from the Department of Motor 16 Vehicles, and that funds in the amount of $1,299 be appropriated to the FY9O- 17 91 Operating Budget of the Police Department for the purchase of tbe anti-radar 18 detection device. 19 BE IT FURTHER ORDAINED that these appropriations be offset by a 20 corresponding increase of $1,299 in estimated revenues as a r,sult f the State 21 grant. 22 This ordinance shall be in effect froin the date of its adoption. 23 Adopted the 9 day of October 1990, by the City Council of 24 Virginia Beach, Virginia. 25 First Reading: October 2, 1990 26 Second Reading: October 9, 1990 - 20 - Item VI-G.2. CONSENT AGENDA ITEM # 33568 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED: ordinance authorizing tax refunds In the amount of $6,693.80 upon application of certain persons and upon certitication of the City Treasurer for payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William D. Sessoms, Jr. 9/ 26/90 EMC FORM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Da!e Penalty I nt. Total Year of Tax Number tion No. pa id Trustbank Savings 86 RE 003271-3 3/12/90 274.41 Mary WRobinson 89 RE(1/2) 094827-8 5/11/89 18.48 Mary WRobinson 89 DE(2/2) 094827-8 9/29/89 18.20 Mary WRobinsorl 90 RE(1/2) 096051-7 5/16/90 19.72 Five 2Peers RE Trust 89 RE(1/2) 035748-7 11/17/88 637.44 Five 2Peers RE Trust 89 RE(2/2) 035748-7 11/17/88 637.44 Five 2Peers RE Trust 90 RE(1/2) 036412-7 11/1.3/89 698.88 Five 2Peers RE Trust 90 RE(2/2) 036412-7 11/13/89 698.88 Boddie Noell Restaurant Prop 90 RE(1/2) 010395-3 12/5/89 114.56 Boddie Noell Restaurant Prop 90 RE(2/2) 010395-3 6/5/90 137.46 Pembroke Square Associates 90 RE(1/2) 088052-3 12/5/89 48.22 Pembroke Square Associates 90 RE(2/2) 088r@)52-3 6/5/gn 289.30 Sears Roebuck & Co 90 RE(2/2) 101511-9 5/22/90 399.36 William H & Shirley Parsons 90 RE(2/2) 087086-5 7/2/90 23.36 Humble Oil & Refining Co 90 RE(2/2) 053478-3 5/31/90 960.88 E B Black & L Tourgee III 9r) P,E(1/2) 009724-7 7/11/90 284.56 E B Black & L Tourgee III 90 RE(2/2) 009724-7 7/11/90 271.63 Roda Associates 90 RE(1/2) 096104-5 12/5/89 93.23 Roda Associates 90 RE(2/2) 096194-5 6/5/90 93.23 Robert K E, i;.elissa 14alker 90 RE(2/2) 118283-9 5/15/90 45.68 Evelyn Munden 90 RE(1/2) 080513-3 12/5/89 385.30 First Virginia Bank 90 RE(2/2) 036103-1 5/15/90 225.48 David Sutelan & G N Byrd 90 RE(2/2) 110442-4 6/5/90 76.26 David Sutelan & G N Byrd 90 RE(2/2) 110443-3 C/5/90 210.84 Georgette Dash @i/A Pkno 320221 9/21,)/90 25.00 Roseanne F Dougherty N/A Pkng 302693 8/7/90 r).OO Total 6,693.80 This ordinance shall be effective from date of adoption. The above abatement(s) totaling c d as to 'playrnent; $6,6 3,80 were approved by the Council of the City of Virginia Beach on the 9 .-day of ctober, @990 Joh T. Atkinson, -treasurer Approved as to form: Ruth Hodges Smith City Clerk tt/ney - 21 - Item VI-H.1/2 PUBLIC HEARING ITEM # 33569 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT (a) MARGARET A. TWOHY VARIANCES (b) DAVID WILLIAMS CONDITIONAL USE PERMIT (c) DAVID THROCKMORTON and FLORINE HORAY STREET CLOSURE PLANNING (a) GALE M. AND DAVID 1. LEVINE CHANGE OF ZONING (b)l. RUNNYMEDE CORPORATION STREET CLOSLIRE (c)2. SENTARA LIFE CAKE,'CORPORATION CONDITIONAL USE PERMIT - 22 item VI-H.l. PUBLIC HEARING ITEM # 33570 PLANNING BY CONSENT Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED in ONE MOTION Items la and c of the PLANNING BY CONSENT AGENDA. Item No. lb was pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Mernbers Absent: None - 23 - Item VI-H.I.a. PUBLIC HEARING ITEM # 33571 PLANNING BY CONSENT Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED the application of MARGARET A. TWOHY for Variances to Section 4.4(b) and 4.4(d) of the Subdivision Ordinance. Application of Margaret A. Twohy for variances to Sections 4.4(b) and 4.4(d) of the Subdivision Ordinance. The property is located at 1816 Addington Road. LYNNHAVEN BOROUGH. The following condition shall be required: 1. The fifty (50) foot buffer area shown on the submitted plat is not approved with this variance. Determination of a sufficient buffer width will be made at the time of final plat submission. The OWNER or LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of October, Nineteen Hundred and Ninety. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, 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: None STATEMENT OF CONSENT APPLICANT: MARGARET A. TWOHY APPLICATION: Variances - Addington Road (Lynnhaven Borough) DESCRIPTION: Sections 4.4(b) and 4.4(d) CITY COUNCIL SESSION: October 9, 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. The tifty (50) foot buffer area shown on the submitted plat is not approved with this variance. Determination of a sufficient buffer width will be made at the time of final plat submission. Owner B( ent Date: - 24 - Item VI-H.I.b. PUBLIC HEARING ITEM # 33572 PLANNING BY CONSENT Robert D. Ruffin, Jr., 1112 Baileywick Drive, Phone: 473-3020, 464-5967, Commerical Realtor with Larasan, represented the applicant. The name of the church shall be Manna House A motion was made by Councilman Brazier, seconded by Councilman Sessoms to ADOPT an Ordinance upon Application of DAVID WILLIAMS for a Conditional Use Permit for a church at the Northeast corner of South Plaza Trail and Daytona Drive (156 South Plaza Trail), containing 27,720 square feet (LYNNHAVEN BOROUGH) with the addition of the following conditions: (1) The Church shall only be utilized for worship and related purposes with no overnight occupancy. (2) The acoustics of the Church will not allow any disturbance of the adjacent neighborhood. (3) The conditional permit shall be for a period of two years. Councilman Brazier WITHDREW the motion. Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council DEFERRED until the City Council Session of October 16, 1990, an Ordinance upon application of DAVID WILLIAMS for a Conditional Use Permit for a Church: ORDINANCE UPON APPLICATION OF DAVID WILLIAMS FOR A CONDITIONAL USE PERMIT FOR A CHURCH Ordinance upon application of David Williams for a Conditional Use Permit for a church at the northeast corner of South Plaza Trail and Daytona Drive. The parcel is located at 156 South Plaza Trail and contains 27,720 square feet. LYNNHAVEN BOROUGH. This DEFERRAL will enable the names of the Trustees of the Church to be provided. Mr. Ruffin will contact Councilman Brazier and Councilwoman McClanan to discuss further information and conditions desired. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, 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: None - 25 - Item VI-H.l.c. PUBLIC HF-ARING ITEM # 33573 PLANNING BY CONSENT Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED, subject to compliance by April 9, 1991, the petition of DAVID TBROCKt4ORTON and FLORINE HORAY for the discontinuance, closure and abandonment of a portion of Hutton Lane. Ordinance upon application of David Throckmorton and Florine Horay for the discontinuance, closure and abandonment of a portion of Hutton Lane beginning at the northern boundary of Virginia Beach Boulevard and running in a northerly direction a distance of 325 feet more or less. The parcel is variable in width and contains 8,269 square feet more or less. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. It appears that the applicant owns the underlying fee for the right-of-way proposed for closure and purchases from the City will not be required. This is subi.ect to verification by the City Attorney's Office. 2. The applicant shall field locate the existing eight-inch water line within the right-of-way proposed for closure and forward the information to the Department of Public Utilities. 3. A 15-foot utility easement centered over the existing water line must be dedicated to the City. Final grade may necessitate raising of the water line or other measures satisfactory to the Department of Public Utilities. 4. The applicant shall submit a revised Ordinance closing the right-of-way to the City Attorney's Office. The redraft shall include a "save and except" clause for the utility easement referenced in Condition #2. 5. The applicant is responsible for making arrangements to accommodate any non-municipal utilities which may exist in the right-of-way proposed for closure. NOTE: It appears that a HRSD line may be located in the right-of-way proposed for closure. 6. Resubdivision of the property and vacation of internal lot lines is required to incorporate the closed area into adjoining parcels, as well as to ensure that all lots have access to a public street. 7. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. - 26 - Item VI-H.I.C. PUBLIC HEARING ITEM # 33573 (Continued) PLANNING BY CONSENT The OWNER or LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of October, Nineteen Hundred and Ninety. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McC[anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None STATEMENT OF CONSENT APPLICANT: DAVID THROCKMORTON and FLORINE HORAY APPLICATION: Street Closure DESCRIPTION: Portion of Hutton Lane (Lynnhaven Borough) CITY COUNCIL SESSION: October 9, 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. It appears that the applicant owns the underlying fee for the right-of-way proposed for closure and purchase from the City will not be required. This is subject to verification by the City Attorney's Office. 2. The applicant shall field locate the existing eight-inch water line within the right-of-way proposed for closure and forward the information to the Department of Public Utilities. 3. A fifteen-foot utility easement centered over the existing water line must be dedicated to the City. Final grade may necessitate raising of the water line or other measures satisfactory to the Department of Public Utilities 4. The applicant shall submit a revised Ordinance closing the right-of-way to the City Attorney's Office. The redraft shall include a "save and except" clause for the ut I I ity easement referred in Condition Number 2. 5. The applicant is responsible for making arrangements to accommodate any non-municipal utilities which may exist in the right-of-way proposed for closure. NOTE: It appears that a HRSD I ine may be located in the right-of-way proposed for closure. 6. Resubdivision of the property and vacation of internal lot lines is required to incorporate the closed area Into adjoining parcels, as wel I as to ensure that al I lots have access to a public street. 7. Closure of the right-of-way shall be contingent upon compi iance with the above-stated conditions within 180 days of the approval by City Council. By: Owner At-rorney/, Date: c,, -,-( - rt - 27 - Item IV-H.2.a. PUBLIC HEARING ITEM # 33574 PLANNING Gale M. Levine, 2100 Marina Shores Drive, Phone: 496-7000, the applicant represented herself Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application of GALE M. AND DAVID I. LEVINE for a Change of Zoning: ORDINANCE UPON APPLICATION OF GALE M. AND DAVID I. LEVINE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-36 TO B-2 Z010901293 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Gale M. and David I. Levine for a Change of Zoning District Classification from A-36 Apartment District to B-2 Community Business District on the east side of Great Neck Road, 580 feet more or less south of Lynnhaven Drive. The parcel is located at 2100 Marina Shore Drive and contains 21,740.79 square feet. LYNNHAVEN BOROUGH. The following condition shall be required: 1. The applicant shall submit a revised recordable agreement adjusting the total number of multiple family units that can be developed on the adjoining A-36 site prior to City Council consideration. The total number of units must be reduced by 12 units. Said agreement shall be recorded with the Clerk of the Circuit Court and 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 Ninth of October, Nineteen Hundred and Ninety. - 28 - Item IV-H.2.a. PUBLIC HEARING ITEM # 33574 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louls R. Jones, 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: None THIS AGREEMENT, made this day of 1990, i between DAVID I. LEVINE and GALE M. LEVINE, "Grantors", of the one part, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, "Grantee", of the other part: W I T N E S S E T H WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, so as to change the zoning of a portion of the' Grantors' property containing approximately one-half (1/2) acre from A-36 apartment ess,district classificati district classification to B-2 busin on; and WHEREAS, the aforesaid property is a part of the property which was previously approved for rezoning by the Virginia Beach City Council as a Conditional Rezoning and development thereon is to be in accordance with an Agreement of Covenants and Conditions bearing date of June 15, 1987, and recorded in the Off ice of the clerk of the Circuit Court of the City of Virginia Beach in Deed Book 2651 at page 0218; and WHEREAS, the rezoning requested by the Grantors will educe the density of development by 12 units on the serve to r remainder of parcel 1-A as described in the Agreement of Covenants and Conditions described above; and WHEREAS, pursuant to a deed of quitclaim bearing date of May 31, 1987, recorded in the aforesaid Clerk's Office in Deeci Book 2639 at page 0798 the Grantors conveyed their interest in certain real estate to the city of virginia Beach with a possibility of reverter in the event that the City's Zoning ordinances were ever amended so that the density of development permitted on a portion of the Grantors' property was reduced; and WHEREAS, the Grantors wish to acknowledge and agree that the rezoning of a portion of the aforesaid parcel 1-A from A-36 to B-2 will result in a density reduction of 12 units on that on contained in the aforesaid parcel, and that the reverter provisi deed of quitclaim will not be triggered by the reduction of density herein described. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest hereby acknowledge and agree as follows: 1. The total density of development permitted on parcel 1-A will be reduced by a total of 12 units as a result of the one- half (1/2) acre (approximate) parcel being rezoned to B-2- 2. Except as provided herein, all remaining provisions of the Agreement of Covenants and Conditions recorded in the office of the Clerk of the Circuit Court of the City of Virginia Beach in Deed Book 2651 at page 0218 shall remain in full force ana errect. 3. The rezoning described herein and the resultant reduction in permissible density on parcel I-A shall not be construed as triggering the reverter clause contained in that 2 certain deed of quitclaim from the Grantors to the City of virginia Beach recorded in Deed Book 2639, at page 0798. WITNESS the following signatures and seals. -DAVID I. LEVINE ,GALE M. LEVINE STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that DAVID I. LEVINE, whose name is signed to the foregoing writing, bearing the date of day of [c 1990, has acknowledged the same before me in my City and State aforesaid. I Given under my hand this day of 1990. N6tary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that GALE M. 3 regoing writing, bearing the LEV:CNE, whose name is si-gned to the fo q @- day of 1990, has acknowledged date of - I the same before me in my City and State aforesaid. Given under my hand this day of 1990. Public My Commission Expires: GLF/dhh LEVINE.AGM 10/08/90 4 - 29 - Item IV-H.2.b.1/2. PUBLIC HEARING ITEM # 33575 PLANNING Attorney Andrew Fine, 6810 Ocean Avenue, represented the applicant and requested DEFERRAL The following registered but WAIVED their right to speak: Dr. Frattalone, 3741 South Boulevard, Phone: 486-3801, represented the community and was not in OPPOSITION to the DEFERRAL Steve S. Dudley, 400 Clyne Lane, Phone: 468-4258 Upon motion by Councilman Brazier, seconded by Councilman Baum, City Council DEFERRED until the City Council Session of November 13, 1990, the Petition of THE RUNNYMEDE.CORPORATION for the discontinuance, closure and abandonment of a portion of Walnut Street and Fourth Street and the Ordinance upon application of SENTARA LIFE CARE CORPORATION for a Conditional Use Permit: 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 beginniWg-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. A N D, 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 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. The parcel contains 10.38 acres. LYNNHAVEN BOROUGH. - 30 - Item IV-H.2.b.1/2. PUBLIC HEARING ITEM # 33575 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, 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: None - 31 - item IV-1. APPOINTMENTS ITEM # 33576 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HISTORICAL REVIEW BOARD PRINCESS ANNE COUNTY TRICENTENNIAL COMMITTEE TRANSPORTATION SAFETY COMMISSION - 32 - Item IV-K.I. NEW BUSINESS ITEM # 33577 RECONSIDERATION Attorney Robert G. Byrum was not in attendance to represent the applicant The following registered in OPPOSITION: Chris Kennedy, 5532 Landings Crescent, Phone: 420-0502, represented Thompkins Landing Ed Laws, 5561 Westward Drive, Phone: 420-4750, represented the Homestead Civic League Mary Brooks, 5557 Westward Drive, Phone: 424-2125, represented the Homestead Civic League and WAIVED her right to speak Alice Green, 1221 General Street, represented the Newlight Civic League and WAIVED her right to speak Edna C. Fortune, 5549 Westward Drive, Phone: 420-6590, represented the Homestead Civic League and WAIVED her right to speak Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council DENIED the REQUEST to RFCONSIDER Request of NEWLIGHT AND ASSOCIATES for landfill permit renewal (Permit No. VB89-260-L issued October 1989) to fill a borrow pit at the end of Fenton Street (KEMPSVILLE BOROUGH). Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, 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: None - 33 - Item IV-K.l. NEW BUSINESS ITEM # 33577a RECONSIDERATION Jan Kottke, 5009 Prov i dence Road, D i rector - Be I I amy Manor Preschool , Phone: 481-6490. Ralph G. Lambepert, Jr., Vice Prsdient of Tew Construciton, 2006 Old Greenbrier Road, Chesapeake, Virginia Phone: 424-2122 Upon motion by Councilman Clyburn, seconded by Vice Mayor Fentress, City Council SCHEDULED FOR RECONSIDERATION for the City Council Session of November 13, 1990, the application of ROBERT/JANET KOTTE for a Conditional Use Permit for a private school (APPROVED: February 12, 1990). ORDINANCE UPON APPLICATION OF ROBERT KOTTKE AND JANET KOTTKE FOR A CONDITIONAL USE PERMIT FOR A PRIVATE SCHOOL R02901282 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Robert and Janet Kottke for a Conditional Use Permit for a private school on Lot IOA, Bellamy Manor. Said parcel is located at 5009 Providence Road and contains 1.4 acres. KEMPSVILLE BOROUGH. Mrs. Kottke is requesting to open at 7:30 A.M. rather than 8:30 A.M. as stipulated In Condition 1. 1. Hours of operation shal I be I lmited to (Monday through Friday): 175 Students 8:30 AM - 12:00 Noon 80 Students 12:00 Noon - 3:15 PM 40 Students 3:15 PM - 5:30 PM Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, 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: None - 34 - Item IV-L.I. ADJOURNMENT ITEM # 33578 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 2:55 P.M. B 0. Chief Deputy City Clerk 4uth Hodges Smith, CMC Mey6ra Oberndorf City Clerk Mayor City of Virginia Beach Virginia