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HomeMy WebLinkAboutSEPTEMBER 9, 1997 MINUTESCit v ,,,of Virginia Beach, "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At/~rge VICE MAYOR WILl. dAM D SESSOMS. JR. At Large JOHN A BAUM Bla~kwat~ Borough LINg/OOD ¢) BRAN(. H III V~rgmm Beach /~magh WILLIAM gl HARRISON JR Lynnhaven Borough HAROLD HEISCHOBER. At Large BARBARA M HENLEY. Pungo Borough LOUIS R ]ONES. Bays,de Borough REBA S McCLANAN. Pnncess Anne Borough NANCY K PARKER. At-Largt LOUISA M STRA YHORN. Kempmlk Borough JAMES K SPORE. C~ty Manage, LESLIE L LILLEY. C~ty Attorney RUTH HODGES SMITH CMC / AAE. Ccy Ck. vk CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACtl VIRGINIA 25456-9005 1757~ 427 4303 September 9, 1997 I. CITY MANAGER'S BRIEFINGS - Conference Room- 12:NOON A, COMMUNITY COLOR PROGRAM Tom Ward, Virginia Beach Beautification Commission B. RUDEE INLET MAINTENANCE DREDGING ALTERNATIVES STUDY Tom Langley, P.E., Langley and McDonald II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION i i i i V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Reverend E. Ray Cox, Sr. New Hope 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 September 2, 1997 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent ,4genda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. COMPREHENSIVE PLAN- PUBLIC COMMENT J. ORDINANCES le Ordinances re FY 1997-98 Department of Housing and Neighborhood Preservation Operating Budget; and, estimated revenue from federal grants be increased accordingly: ao APPROPRIATE $2,000 from Home Investment Partnerships Program (HOME) Federal Grant re direct housing assistance based on HUD allocation. be ACCEPT and APPROPRIATE $31,219 from the U. S. Department of Housing and Urban Development (HUD) re fimding to offset the administrative costs to adminster the Family Self-Sufficiency (FSS) Program. Ordinance to authorize Tax Refunds in the amount of $6,613.82. K. PUBLIC HEARING- PLANNING 2:30 PM PLANNING BY CONSENT - To be determined during the,4ge;fda Review Session. 0 Application of BAITA DEVELOPMENT COMPANY, LLC for a Modification to the Green Run Land Use Plan on the South side of Buckner Boulevard, 400 feet more or less East oflndependence Boulevard re modi _fyin_t the su_bmitted site _olan. dated June 27. 1996, and develooin~ the outoarcel designated "future development area" which is a portion of Parcel "H" ~3r~en Run ~UD, containing 7.75 acres (KEMPSVILLE BOROUGH). Staff Recommendation: DENIAL Recommendation: APPROVAL . Application of TIDEWATER UNITED CHURCH OF CHRIST for a Conditional Use Permit for a church and day care center on the South side of North Landing Road, 800 feet more or less East of West Neck Road, approximately 930 feet South of North Landing Road, containing 10.66 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL e Application of THE BEACH FELLOWSHIP for a Conditional Use Permit for a parking lot addition for an existing church on the West side of General Booth Boulevard, North of Gunn Hall Road (1817 General Booth Boulevard), containing 3.92 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of PRIMECO PERSONAL COMMUNICATIONS, L.P. for a Conditional Use Permit for a mono_~ole communi~ation tower on the West side of Sandbridge Road, Northeast of Colechester Road, bounded on the East by Sandbridge Road and on the West by Hells Point Creek, containing 73.8 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL . Application of SHEAR DESIGNS, PATRICIA J. CANNON for a Chan~e of Zonimt District Classification ~om AG-2 Am-icultural District to Conditional B-I Neiv. hborhood -- Business District on the East side of General Booth Boulevard, South of Las Cruces Drive (1990 General Booth Boulevard), containing 16,552.8 square feet (PRINCESS ANNE BOROUGH). Staff Recommendation: See 9/3/97 Memo from Robert Scott Recommendation: APPROVAL . Application of the CITY OF VIRGINIA BEACH to AMEND the boundaries of the Princess Anne County Courthouse Historic and Cultural Overlay District, as follows: Delete the Historic and Cultural Overlay District from the following parcels: 2641 Princess Anne Road GPIN 1494 64 2494 0000, 1 acre more or less GPIN 1494 64 1457 0000, 9.867 acres 2673 Princess Anne Road GPIN 1494 54 4151 0000, 3 acres GPIN 1494 53 5782 0000, 16.682 acres Judicial Boulevard GPIN 1494 54 9202 0000, 1.320 acres located 620 feet more or less West of Princess Anne Road and 650 feet more or less North of Judicial Boulevard. North Landing Road GPIN 1494 34 1160 0000, 414.305 acres located North of North Landing Road and West of Princess Anne Road. Recommendation: APPROVAL L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS RESORT AREA ADVISORY COMMISSION (RAAC) M. UNFINISHED BUSINESS Ne NEW BUSINESS 1. ABSTRACT OF LEGAL CASES RESOLVED - AUGUST 1997 O. ADJOURNMENT COMMUNITY CONVERSATIONS Princess Anne High School September 30, 1997 October 21, 1997 09/04/97BAP AGENDA\09-09-97.PLN www.virginia-beach.va.us If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD- Telephonic Device for the Deaf) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 9, 1997 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING in the Council Conference Room, City Hall Building, on September 9, 1997, at 12:00 NOON. Council Members Present: John A. Baum, Linwood O. Branch, II[, Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members ~4bsent: William W. Harrison Barbara M. Henley Louisa M. Strayhorn [ENTERED: 12:10 P.M.] [ENTERED: 12:05 P.M.] [ENTERED: 12:08 P.M.] -2- CITY COUNCIL BRIEFINGS COMMUNITY COLOR PROGRAM 12:00 NOON ITEM # 42579 Mr. Tom Ward, I/ice President - Virginia Beach Beautification Commission, advised, in conjunction with Edward Barnes - Landscape Services, a large number of areas have been investigated for the Community Color Program. Three have been chosen which appear to have the most impact. The kind of materials which will give a color impact in all four seasons have been chosen. COLOR PROJECT Princess Anne Road at Newtown Road Total estimated cost of City installation Maintenance (Fiscal 97/98 - 3.5 months) 9,314.90 1,118. 70 Princess Anne Road at Larkspur School Total estimated cost of contractual installation Maintenance (Fiscal 97/98 - 3.5 months) $22,557.63 $1,220.00 Northampton Boulevard at Wesleyan Drive to Diamond Springs Road Total estimated cost of contractual installation Maintenance (Fiscal 97/98- 3.5 months) Total Estimated Maintenance Costs Total Estimated Installation Costs $62,518.63 $ & 066. O0 $ 5,404. 70 $94,951.16 The annual maintenance cost will be approximately $12,000. ~llong Princess Anne Road at Newtown, there will be approximately 950 feet of plantable medium, which will extend considerably from the Newtown intersection. At Northampton Boulevard, the planting will extend from Wesleyan Drive to Diamond Springs Road, with approximately 3600 feet of plantable medium. This will replicate the accomplishments along Independence Boulevard, Pembroke and Military Highway Gateways. Princess Anne Road, at Larkspur, is a very high density residential and will contain 1140 feet of plantable medium in front of Larkspur Middle School. Information relative the plant materials to be utilized and their location was distributed and is hereby made a part of the record. The details have been compiled by Landscape Services. These have been finalized and, with City Council's concurrance, will proceed October 1, 1997. The work at Princess Anne Road at Newtown Road is to be performed by the City employees of Landscape Services. The other two locations have been recommended to be contracted. These plants should endure during the drought-like seasons. The pansies are the only planting which is not a perrenial. Hopefully, the appearance will cause private property owners to beautify their portion. Regarding public- private participation, the Commission is in discussion with a group which they hope will undertake a similar project at another intersection location within the City. $100,000 has been ~4PPROPRIATED in the Capital Improvement Program for this project. Mr. Ward had previously recommended the establishment of an Appearance and Enhancement Commission. Mr. Ward wished to table this recommendation until the Program has demonstrated to the City Council and citizens this project is worthy of annual funding. BY CONSENSUS, the Commission shall proceed with the Community Color Program on October First. Eddie Barnes advised, with the exception of Fortieth and ~4tlantic Avenue, there are no mediums which are irrigated so the plantings will be drought resistent. This is one of the first factors considered. September 9, 1997 -3- CITY COUNCIL BRIEFINGS R UDEE INLET MAINTENANCE DREDGING AL TERNA TIVES STUD Y 12:15 NOON ITEM # 42580 Tom Langley, P.E., Langley and McDonald, advised the firm was retained by the City to review the May 6, 1996, Rudee Inlet Maintenance Policy Report performed by City staff. Mr. Langley referenced an Article in BO,4T/US Magazine of September 8, 1997, entitled "Sand Trap/Stirs Up Dredging Debate", depicting a photograph of the grounding and swamping of the 66-foot sport fisherman in Rudee Inlet on February 1996. Mr. Langley recognized his father, George Langley, the original designer of Rudee Inlet. Copies of the article were distributed to City Council..4 1983 Study by the Corps of Engineers addressed the financial benefits of maintaining a navigable channel. The current annual benefits exceed $5,424,000 to the City. Mr. Langley cited passages of a more current report: "Saltwater Angling and its Economic Importance to Virginia"by the Virginia Institute of Marine Science, School of Marine Science and College of William and Mary: "Relative to catching or pursuing gulf stream species such as Tuna, Marlin, Sailfish, Dolphin and Shark: In 1994 anglers spent $54-MILLION. " '~gain in 1994, anglers from the ~4tlantic Coast spent $103-MILLION on saltwater angling in the ~4tlantic Coast areas of Chesapeake and Virginia Beach." Therefore keeping a navigable inlet is of significant financial advantage to the City of Virginia Beach. From a schematic, Mr. Langley advised the wave direction affects the sand direction. In this area, the net sand movement is toward the north at about 225,000 cubic yards per year. This is the volume of sand the City must deal with. Rudee Inlet was designed as a sand trap inlet. There are several sand trap inlets along the East Coast of the United States. It is not a new concept. The problem is how to handle this 225,000 cubic yards of sand each year. The City has a local cooperation agreement with the Corps of Engineers. On an annual basis in March or ~4pril, sand accumulated will be cleaned out for the boating season The Corps has been averaging 85,000 yards per year in that operation since 1991. The balance of the material has to be removed by the City with the City's dredge and equipment ~4 third option would be to privatize this operation. However, if you do not have the City dredge there to handle almost constant shoaling and keep the sandtrap down, it is estimated that approximately 6 mobilizations will be required by a private dredge in order to maintain this inlet. This inlet can shoal up in less than a 60-day time period. The City needs to have the capacity to bypass the City's portion of the little drift (225,000 cubic yards). ~lfter the Corps bypasses 85,000 cubic yards, the City must bypass their portion of 140,000 cubic yards annually. The City has been averaging 74,000 cubic yards per year. There is a large variation in this figure. Since 1991, the figure of 225,000 has varied from a Iow of120, O00 to a high of 210,000. Increase the amount of time the dredge is operating or increaseproduction rate of the dredge. Specifically, Langley and McDonaM recommended additional personnel (six) be hired to complete two shifts of seven each working the current schedule, including daytime dredging during the tourist season. These personnel, their supervisor, and any others involved in the administration of the dredging operation, should participate in a training program to include the basic laws of dredging and a computer simulation of the Rudee Inlet II. The dredge should be equipped with a strap-on-slurry velocity gage and a magnetic swing compass. By incorporating these personnel, operational and equipment alternatives, the Rudee Inlet H should produce 270 cy/hr in the sand trap, a 54% increase compared to the current assumed 175 cy/hr. Whenever weather conditions permit, the Rudee Inlet H should concentrate on bypassing material that has deposited outside the Inlet on the entrance bar. However, when shoaling of the entrance bar begins to create a hazardous condition and calm weather conditions are not anticipated, then outside contractors must be engaged to return the channel to safe navigation. It also their recommendation that the entrance bar area be dredged to a depth of 16' - 20' to reduce the frequency of maintenance dredging. As a secondary priority, the City dredge should maintain the sand trap at its current design depth. Deepening the sand trap another 5' incurs the expense of lengthening the spuds and changing the ladder from the "Dutchman" to the straight configuration. Since the straight configuration cannot be used to dredge the channel, then it would probably require changing back to the "Dutchman" configuration several times per year. This alternative should not be implemented unless additional capacity to bypass material is warranted. Likewise, changing the suction and discharge lines to 16" pipe is not justified at this time. The offshore breakwater option has the greatest potential to provide additional dredging days at a positive benefit to cost ratio. If the structure could be sited such that additional waves from the southeast and northeast are blocked, then the economic viability of the structure will increase. .4n additional study was recommended to evaluate the wave climate, verify the assumptions made and to develop the design parameters and possible impacts of the offshore breakwater. September 9, 1997 -4- CITY COUNCIL BRIEFINGS R UDEE INLET MAINTENANCE DREDGING AL TERNA TIVES STUD Y ITEM # 42580 (Continued) This operation is weather dependent. Private dredging operators desire to dredge 22 out of 24 hours, 7 days a week This may be a philosophy that is difficult to apply to City employees. ,4 comprehensive time policy was suggested. If the City employees are working 50 to 60 hours a week in good weather, perhaps they can buiM a banh of hours so that when the weather is not good, they wouM still be able to be paid. The concept of extending the north jetty in a dogleg to the north to create storage for southerly littoral drift should also be further evaluated after other improvements in the maintenance dredging program are implemented. Further evaluation of the effects of these projects on Rudee Inlet is recommended using the GENESIS shoreline computer model to more accurately model the fill movement and sediment transport rate into Rudee Inlet. The GENESlS program could also be used to evaluate the impacts of three beach projects adjacent to Rudee inlet. If the sediment transport rate is going to increase significantly, the entire management plan may need to be modified. SUMMARY OF ALTERNATIVE- COSTS AND PRODUCTION RATES Alternative ' Cost Production Annual Bypass Rate (cy/hr) Volume (cy/yr) Existing 175 74, 000 1 Add 6 FTE's $147,000 - - 2 Training $ 20,000 230 250,000 3 Add Velocity $ 35,000 270 295,000 Gage/Swing Compass 4 Deepen Sand Trap $ 75,000 330 361,000 byS' 5 Increase $280,000 390 427,000 Suction/Discharge to 16" The ,4rmy Corps of Engineers' Dredge "Currituck" would not be an appropriate dredge for the maintenance here because of its difficulty in maneuvering in and around the sand trap, which is the primary function of the City. In terms of buying a larger dredge, it is the opinion of Langley and McDonald, the current dredge is adequate. Phillip Roehrs, Civil Engineer, advised the cost of the dredge was $900,000 and the projected life span is fifty (50) years. The factory representative of the manufacturer visited the City 6 months ago and advised the value of the dredge is more today than when it was when purchased. With replacing the power plant, diesel engine, pump, caterpillar, the dredge should last indefinitely. Mr. Roehrs believed approximately $35-80,000 per year for parts were expended. Mr. Roehrs further advised Dr. Basco, at Old Dominion University, believes if net sand movement is towards the north at about 225,000 cubic yards, as much as 1.4-MILLION cubic years moves from the south to the north each year and 1.2- MILLION moves from the north to the south each year. Mr. Langley advised it would be beneficial in good weather to expand the limits as imposed by the Corps and overdredge. Mr. Langley will provide recommendations relative these depths. Councilman Harrison advised Claude M. Bain, Director of the Virginia Salt Water Tournament, is willing to present City Council an Executive Summary of the document "Saltwater Angling and its Economic Importance to Virginia". A Briefing and Pubfic Comment Session shall be SCHEDULED relative the Rudee Inlet Maintenance Dredging with displays of maps. It was suggested this be held in the smaller auditorium of the Virginia Marine Science Museum. Mr Bain shall be invited to be in attendance. September 9, 1997 -5- AGENDA RE VIEW SESSION 1:07 P.M. ITEM # 42581 BY CONSENSUS, the following items shall compose the CONSENT~4GEND~4: ORDINANCES J. 1 a, b. ,I. 2 Ordinances re FY 1997-98 Department of Housing and Neighborhood Preservation Operating Budget; and, estimated revenue from federal grants be increased accordingly: APPROPRIATE $2,000 from Home Investment Partnerships Program (HOME) Federal Grant re direct housing assistance based on HUD allocation. ACCEPT and APPROPRIATE $31,219 from the U. S. Department of Housing and Urban Development (HUD) re funding to offset the administrative costs to administer the Family Self-Sufficiency (FSS) Program. Ordinance to authorize Tax Refunds in the amount of $6,613.82. September 9, 1997 -6- AGENDA RE VIE If; SESSION ITEM # 42582 Councilman Baum believed this parcel was too small to be developed: K. 5 Application of SHEAR DESIGNS, PA TRICIA J. CANNON for a Change of Zoning District Classification from AG-2 Agricultural District to Conditional B-1 Neighborhood Business District on the East side of General Booth Boulevard, South of Las Cruces Drive (1990 General Booth Boulevard), containing 16,552.8 square feet (PRINCESS ANNE BOROUGH). ITEM # 42583 Council Lady McClanan believed this item should be discussed during the Formal Session: K. 6 Application of the CITY OF VIRGINIA BEACH to AMEND the boundaries of the Princess Anne County Courthouse Historic and Cultural Overlay District, as follows: Delete the Historic and Cultural Overlay District from the following parcels: 2641 Princess Anne Road GP1N 1494 64 2494 0000, 1 acre more or less GP1N 1494 64 1457 0000, 9.867 acres 2673 Princess Anne Road GP1N 1494 54 4151 0000, 3 acres GP1N 1494 53 5782 0000, 16682 acres Judicial Boulevard GP1N 1494 54 9202 0000, 1.320 acres located 620feet more or less West of Princess Anne Road and 650 feet more or less North of Judicial Boulevard. North Landing Road GPIN 1494 34 1160 0000, 414.305 acres located North of North Landing Road and West of Princess Anne Road. ITEM # 42584 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K1 Application of BAITA DEVELOPMENT COMPANY, LLC for a Modification to the Green Run Land Use Plan on the South side of Buckner Boulevard, 400 feet more or less East of Independence Boulevard re modi~_ ing the submitted site plan, dated June 27, 1996, and developing the outparcel designated "future development area" which is a portion of Parcel "H" Green Run PUD, containing 7.75 acres (KEMPSFILLE BOROUGH). September 9, 1997 -7- AGENDA RE VIEW SESSION ITEM # 42584 (Continued) K. 2 Application of TIDEWATER UNITED CHURCH OF CHRIST for a Conditional Use Permit for a church and daf care center on the South side of North Landing Road, 800 feet more or less East of West Neck Road, approximately 930 feet South of North Landing Road, containing, 10 t~6 acres (PRINCESS ANNE BOROUGH). K. 3 Application of THE BEACH FELLOWSHIP for a Conditional Use Permit for a parking lot addition for an existing church on the West side of General Booth Boulevard, North of Gunn Hall Road (1817 General Booth Boulevard), containing 3.92 acres (PRINCESS ANNE BOROUGH). K. 4 Application of PRIMECO PERSONAL COMMUNICATIONS, L.P. for a Conditional Use Permit for a monopole communication tower on the West side of Sandbridge Road, Northeast of Colechester Road, bounded on the East by Sandbridge Road and on the West by Hells Point Creek, containing 73.8 acres (PRINCESS ANNE BOROUGH). K. 1 will be DEFERRED B Y CONSENT until the C~ty Council Session of September 23, 1997. September 9, 1997 -8- CITY COUNCIL CONCERNS 1:10 P.M. ITEM # 42585 Mayor Oberndorf expressed appreciation to the City Staff. Last evening, September 8, 1997, one of the lead stories on the news was the danger involved for children crossing the street to reach the Seatack Recreation Center. An Engineer from the Public Works Department advised of plans for a cross walk and traffic signal which, with the consent of City Council, should be accomplished. Mayor Oberndorf expressed appreciation to the City Manager and the City Staff for their awareness of this situation. ITEM # 42586 Councilman Jones referenced calls of concern from the Witchduck Point/~shart Cove Civic League pertaining to the sidewalks between the two churches on Wishart Road. John Herzke, City Engineer, advised this project is being programmed. Details will be provided relative the schedule. ITEM # 42587 Council Lady Strayhorn referenced concerns relative the quality of well water. Developers have placed wells in their development but after occupancy these wells appear to not meet the standards. The well water is not drinkable. Council Lady Strayhorn requested information relative this situation in the Kempsville Borough. Mayor Oberndorf advised the State Health Department makes the determination relative wells. The City Manager will provide information. ITEM # 42588 Council Lady Strayhorn refernced an enormous number of phone calls from tourists complimenting the American Music Festival She had more people than ever saying how they were looking forward to next year. Council Lady Strayhorn commended the City staff responsible for making the beach available so readily for the stages. Councilman Jones advised one of his employee's husband is on the Committee responsible for the decision regarding the Mid Atlantic Shrine Convention location. He commented relative their treatment and their great pleasurable experience. Mayor Oberndorf advised this Convention recently had a negative experience in Wildwood, New Jersey. The Mayor had dinner with them the first night here at the Virginia Marine Science Museum. The Shriners are now planning to return with their children and grandchildren to visit the Museum. September 9, 1997 -9- ITEM # 42589 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, September 9, 1997, at 1:25 P.M Council Members Present: John ,4. Baum, Linwood 0 Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members ,4bsent: None September 9, 1997 - 10- ITEM # 42590 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 purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments - Boards and Commissions: Board of Building Code Appeals Bond Review Committee Resort Area Advisory Commission Jet Sla' Committee PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution whtch could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). 31st Street Property Community Services Board Property Southeastern Parkway and Greenbelt Right-of-Way. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: Environmental Impact - Public Facilities Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting: I 1-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 9, 1997 -11 - FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL September 9, 1997 2:30 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 9, 1997, at 2:30 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr, HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: The Revered Randy Orwig Tidewater United Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no other matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 1, 1997, is hereby made a part of the record. September 9, 1997 - 12 - ~em V-E. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42591 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, 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: I0-0 Council Members Voting ,4ye: John ,4. Baum, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sesson~, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~4bsent: Linwood O. Branch, III September 9, 1997 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 # 42590 Page No. 10 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. 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. R~u~h H°~lges Smith, CMC/AAE City Clerk September 9, 1997 - 13- Item V-F. 1. MINUTES ITEM it 42592 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of September 2, 1997. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 9, 1997 - 14- Item F-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 42593 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION Ordinance to authorize acquisition of property in fee simple for right-of- way from Shelburne Woods, a Virginia Joint Venture, for the future construction of the Southeastern Parkway/Greenbelt, (CIP 2-089), the acquisition of right-of-way, either by agreement or condemnation. (See Item # 42598) September 9, 1997 - 15- Item V-I. PUBLIC COMMENT ITEM # 42594 Mayor Oberndorf DECLARED the OPPORTUNITY FOR PUBLIC COMMENT: COMPREHENSIVE PLAN There being no speakers, Mayor Oberndorf Closed the Public Comment. City Council requested the Public Comment Session for September 23, 1997, as well as the October 28, 1997, Public Hearing be advertised substantially in advance..4 legal box ad should be placed in the BEACON. September 9, 1997 -17- Item V-J. 1. ORDINANCES ITEM # 42596 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances re FY 1997-98 Department of Housing and Neighborhood Preservation Operating Budget; and, estimated revenue from federal grants be increased accordingly: ao APPROPRIATE $2,000 from Home Investment Partnerships Program (HOME) Federal Grant re direct housing assistance based on HUD allocation. ACCEPT and APPROPRIATE $31,219 from the U. $. Department of Housing and Urban Development (HUD) re funding to offset the administrative costs to administer the Family Self-SuJflciency (FSS) Program. Voting: 11-0 (By ConsenO Council Members Voting Aye: John ~4. Baum, Linwood O. Branch, III, William W.. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndor)'~, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ,4bsent: None September 9, 1997 AN ORDINANCE TO APPROPRIATE $2,000 IN ADDITIONAL ESTIMATED REVENUE FROM HOME INVESTMENT PARTNERSHIPS PROGRAM FEDERAL GRANT TO THE FY 1997-98 DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION OPERATING BUDGET WHEREAS, the Virginia Beach Department of Housing and 6 Neighborhood Preservation receives Federal grant funding through 7 the Home Investment Partnerships Program (HOME) administered 8 through the United States Department of Housing and Urban 9 Development (HUD); 10 WHEREAS, the HOME Federal grant provides funding to localities for direct housing assistance; and 12 WHEREAS, the final allocation for HOME grant funding is ]3 $1,032,000, a $2,000 increase over estimated revenue; 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 16 That an additional $2,000 in HOME grant funding is hereby ]7 appropriated to the FY 1997-98 Operating Budget of the Department ]8 of Housing and Neighborhood Preservation based on preliminary 19 allocations from HUD; 20 BE IT FURTHER ORDAINED: 21 That estimated revenue from federal grants is hereby increased 22 in the amount of $2,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of September 1997. CA-6770 ORD\NONCODE\HOME98.ORD R-1 PREPARED: 08/29/97 APPROVED AS TO CONTENT Department of Management Services APPROVED AS TO LEGAL Department of Law G kDATA\ORDIN~ONCODELHOMEg$ ORD AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $31,219 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO PROVIDE FUNDING TO OFFSET THE ADMINISTRATIVE COSTS TO ADMINISTER THE FAMILY SELF - SUFFICIENCY PROGRAM WHEREAS, the Virginia Beach Department of Housing and 7 Neighborhood Preservation has received Federal grant funding in the amount of $31,219 through the Family Self-Sufficiency Program 9 (FSS) administered through the United States Department of Housing and Urban Development (HUD); WHEREAS, through use of these FSS grant funds, the Department ]2 of Housing and Neighborhood Preservation will be able to offset the salaries of city employees for one year for the purpose of promoting economic independence and self sufficiency among participating families at a cost of $31,219; and WHEREAS, this grant does not require a city grant match. ]7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ]9 That a grant in the amount of $31,219 from the U.S. Department 20 of Housing and Urban Development is hereby accepted and 21 appropriated to the Department of Housing and Neighborhood 22 Preservation's FY 1997-98 Operating Budget to provide funding to 23 offset city employee's salaries to administer the Family Self- 24 Sufficiency Program; 25 BE IT FURTHER ORDAINED: 26 That estimated revenue from federal grants is hereby increased 27 in the amount of $31,219. 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of September, 1997. CA-6769 ORD \NONCODE \ S S F 98 . ORD R-1 PREPARED: 08/29/97 APPROVED AS TO CONTENT Department of Management Services APPROVED AS TO SUFFICIENCY Department of Law LEGAL - 18- Item Vd.2. ORDINANCES ITEM # 42597 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize Tax Refunds in the amount of $6,613.82. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Louis R. Jones Council Members Absent: None Councilman Jones ABSTAINED as the Ordinance contains a $72.50 tax refund to Hollomon Brown Funeral Home. September 9, 1997 'ORM NO C A. ? AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the following applications for tax refunds upon certification of the Treasurer are hereby approved. Tax Type Ticket Exonera- Date Penalty Int. NAME Year of Tax Number tion No. Paid Total Cornetta, Martin V. 97(1/2) RE 97-025289-3 03/26/97 McGehee, Robert S. & Julia 97(1/2) RE 97-079302-3 12/05/96 McGehee, Robert S. & Julia 97(2/2) RE 97-079302-3 02/07/97 Haywood, Charlie F. Jr. et ux 97(2/2) RE 97-052906-0 02/10/97 Hollomon Brown Funeral Home 97(2/2) RE 97-056265-6 06/05/97 Willis Realty Corporation 97(1/2) RE 97-132072-8 12/05/96 Willis Realty Corporation 97(2/2) RE 97-132072-8 06/05/97 Vermillion, Guy A. 93(1/2) PP 93012140433 07/03/96 Curling, William H. & Ida L. 97(2/2) RE 97-027706-4 03/13/97 Zalivchii, Aleksandr P. 97(1/2) RE 97-135385-3 03/31/97 Fisher, Burl D. Jr. 97(1/2) RE 97-039286-7 12/05/96 Fisher, Burl D. Jr. 97(2/2) RE 97-039286-7 06/05/97 Wolcott, Rivers, Wheary, Basnight and Kelly 97(2/2) RE 97-038875-6 04/25/97 Nationsbanc Mortgage Corp. 97(1/2) RE 97-052986-3 11/18/96 Malone, Curtis W. & Jeannette 95(1/2) RE 95-073127-1 05/11/95 Laine, Lawrence L. & Mary E. 95(1/2) RE 95-066554-7 12/05/94 Norwest Mortgage Inc. 95(1/2) RE 95-003528-3 11/23/94 Norwest Mortgage Inc. 95(2/2) RE 95-003528-3 05/11/95 Norwest Mortgage Inc. 96(1/2) RE 96-003648-7 11/24/95 Norwest Mortgage Inc. 96(2/2) RE 96-003648-7 05/17/96 Norwest Mortgage Inc. 94(1/2) RE 94-003520-2 11/23/93 Norwest Mortgage Inc. 94(2/2) RE 94-003520-2 05/27/94 62.80 21.83 64.24 78.93 72.50 2681.61 2681.61 99.50 156.72 277.67 27.41 27.41 9.08 18.30 93.26 84.87 25.66 25.66 26.73 26.73 25.65 25.65 Total 6,613.82 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $6,613.82 were approved by the Council of the City of Virginia Beach on the 9 _day of Septembe]:. 1997 Ruth Hodges Smith C~ty Clerk C as to pa t; son, T reasu'r~er Approved as to form' - 19- Item V-.L3.a. ORDINANCES ITEM # 42598 ADD-ON Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ,4DDED to the ,4 GEND,4 : Ordinance to authorize acquisition of property in fee simple for right-of- way from Shelburne Woods, a Virginia Joint Venture, for the future construction of the Southeastern Parkway/Greenbelt, (CIP 2-089), the acquisition of right-of-way, either by agreement or condemnation. Voting: 11-0 Council Members Voting .4ye: John .4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members .4bsent: None September 9, 1997 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FROM SHELBURNE WOODS, A VIRGINIA JOINT VENTURE FOR THE FUTURE CONSTRUCTION OF THE SOUTHEASTERN PARKWAY/GREENBELT, (CIP 2-089) THE ACQUISITION OF RIGHT OF WAY, EITHER BY AGREEMENT OR CONDEMNATION. 11 WHEREAS, in the opinion of the Council of the City of 12 Virginia Beach, Virginia, a public necessity exists for the 13 construction of this important roadway to provide transportation and 14 for other public purposes for the preservation of the safety, health, 15 peace, good order, comfort, convenience, and for the welfare of the 16 people in the City of Virginia Beach: 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 18 CITY OF VIRGINIA BEACH, VIRGINIA: 19 Section 1. That the City Council authorizes the 20 acquisition by purchase or condemnation pursuant to Sections 15.1- 21 236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq., Title 22 25-46.1 et seq., Code of Virginia of 1950, as amended, of all that 23 certain real property in fee simple, including temporary and 24 permanent easements of right of way as shown and described as 25 "PROPERTY OF SHELBURNE WOODS" on the attached plat titled "LOCATION 26 MAP SHOWING PROPERTY TO BE ACQUIRED FOR THE SOUTHEASTERN PARKWAY & 27 GREENBELT (CIP 2-089) FROM SHELBURNE WOODS" and further shown on the 28 plans entitled "Southeastern Parkway/Greenbelt, VDOT Project U000- 29 134-123," these plans being on file in the Engineering Division 30 Department of Public Works, Virginia Beach, Virginia. 31 Section 2. That the City Manager is hereby authorized 32 to make or cause to be made on behalf of the City of Virginia Beach, 33 to the extent that funds are available, a reasonable offer to the 34 owners or persons having an interest in said lands. If refused, the 35 36 37 38 39 City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, 9 September Virginia, on the day of , 1997. CA-6779 R-1 G \DATA\ORDIN\NONCODE\CA6779 ORD APPROVED AS TO LE.~AL Approvetl as to ~) ava±_[-ib±l±ty of funds - 20 - Item V-J.3.b. ORDINANCES ITEM # 42599 ADD-ON Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:: Ordinance to authorize acquisition of property in fee simple for right-of- way from Shelburne }Foods, a Virginia Joint Venture, for the future construction of the Southeastern Parkway/Greenbelt, (CIP 2-089), the acquisition of right-of-way, either by agreement or condemnation. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJq, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 9, 1997 - 21 - Item V-K. PUBLIC HEARING ITEM # 42600 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING I. BAITA DEVELOPMENT COMPANY, L.L C. MODIFICATION IN THE GREF~V RUN L4ND USE PLAN 2. TIDEWATER UNITED CHURCH OF CHRIST CONDITIONAL USE PERMIT 3. THE BEACH FELLOWSHIP CONDITIONAL USE PERMIT 4. PRIMECO PERSONAL COMMUNICATION, L.P. CONDITIONAL USE PERMIT 5. SHEAR DESIGNS, PA TRICIA J. CANNON CHANGE OF ZONING 6. CITY OF VIRGINIA BEACH AMEND BOUNDARIES OF PRINCESS ANNE CO UR THO USE HIS TORIC AND CULTURAL OVERLAY September 9, 1997 - 22- Item V-K. PUBLIC HEARING ITEM # 42601 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one motion Items 1, 2 and 3 of the PLANNING BY CONSENT. Item V-J. 1. was DEFERRED UNTIL THE CITY COUNCIL SESSION OF SEPTEMBER 23, 199Z Voting: 11-0 Council Members Voting `4ye: John ,4. Baum, Linwood O. Branch, 1II, William W. Harrison, Jr., HaroM Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 9, 1997 -23- Item V-K. 1. PUBLIC HEARING ITEM # 42602 PLANNING Correspondence from Attorney R. Edward Bourdon requesting DEFERRAL until the City Council Session of September 23, 1997, is hereby made a part of the record. Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED UNTIL THE CITY COUNCIL SESSION OF SEPTEMBER 23, 1997, the Ordinance upon Application of BAITA DEVELOPMENT COMPANY, LLC for a Modification to the Green Run Land Use Plan: ORDINANCE UPON APPLICATION OF BAITA DEVELOPMENT COMPANY, LLC, FOR A MODIFICATION TO THE GREEN RUN LAND USE PLAN Ordinance upon application of Baita Development Company, LLC, for a modification to the Green Run Land Plan on the south side of Buckner Boulevard for the purpose of modifying the submitted site plan dated June 27, 1996 and developing the outparcel designated "future development area" which is a portion of Parcel "H" Green Run PUD. Said parcel contains 7. 75 acres. KEMPSVILLE BOROUGH. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None September 9, 1997 - 24 - Item V-K.2. PUBLIC HEARING ITEM # 42603 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon Application of TIDEWATER UNITED CHURCH OF CHRIST for a Conditional Use Permit for a church and daf care center: ORDINANCE UPON APPLICATION OF TIDEWATER UNITED CHURCH OF CHRIST FOR A CONDITIONAL USE PERMIT FOR A CHURCH AND A DAY CARE CENTER R09972131 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon application of Ttdewater United Church of Christ for a Conditional Use Permit for a church and a day care center on the south side of North Landing Road, 800 feet more or less east of West Neck Road, approximately 930 feet south of North Landing Road. Said parcel contains 10.66 acres. PRINCESS ANNE BOROUGH. The following conditions shah be required: 1. Only one traffic access point on each street frontage shah be permitted . The site shah be developed in accordance with the site plan, landscape plan, elevations, and materials boards submitted in the application package dated June 27, 1997, with the exception of the color of the gutters and downspouts on the Phase I building, which shah match the color of the painted wood trim. Signs shah be constructed in accordance with renderings submitted in the application package dated June 27, 1997. Not more than one freestanding sign is permitted for each street frontage area. The signs may be double-sided. Category I screening shah be provided along the Eastern and Western sides of the Phase 2 parking lot to screen the lot from the adjoining residential uses. Existing vegetation may be used, supplemented as necessary to meet or exceed Category I requirements. . The minimum front yard setback for the property on North Landing Road and for the property on West Neck Road shah be measured from the ultimate right-of-way line for these roads. This Ordinance shah be effective in accordance with Section 107 O~ of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of September Nineteen Hundred and Ninety-Seven September 9, 1997 - 25 - Item V-K. 2. PUBLIC HEARING ITEM # 42603 (Continued) PLANNING Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 9, 1997 - 26- Item V-K.3. PUBLIC HEARING ITEM # 42604 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon Application of THE BEACH FELLOWSHIP for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE BEACH FELLOWSHIP FOR A CONDITIONAL USE PERMIT R09972132 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Beach Fellowship for a Conditional Use Permit for a parking lot addition for an existing church on the west side of General Booth Boulevard, north of Gunn Hall Road. Said parcel is located at 1817 General Booth Boulevard, north of Gunn Hall Road. Said parcel is located at 1817 General Booth Boulevard and contains 3.92 acres. PRINCESS ANNE BOROUGH. The following conditions ~hall be required: The parking lot shall be constructed in accordance with the preliminary plan entitled, "Beach Fellowship Church, Parking Lot Addition" dated January 30, 1997, and prepared by Gallup Surveyors & Engineers, Ltd. 2. Parking lot landscaping shall be installed in accordance with the Landscape Ordinance. . Category VI screening shall be installed along the Northern boundary of the parking lot, where it abuts single-family residential development. 4. Only the parking lot expansion is approved at this time. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of September Nineteen Hundred and Ninety-Seven. Voting: I 1-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~bsent: None September 9, 1997 -27- Item V-K.4. PUBLIC HEARING ITEM # 42605 PLANNING Mark Williamson, 9000 World Trade Center, represented the applicant and requested modification of Condition 2. Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon Application of PRIMECO PERSONAL COMMUNICATIONS, L.P. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PRIMECO PERSONAL COMMUNICATIONS, L.P., FOR A CONDITIONAL USE PERMIT R09972133 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of PrimeCo Personal Communications, L.P., for a Conditional Use Permit for a monopole communication tower on the west side of Sandbridge Road, northeast of Colechester Road. Property is bounded on the east by Sandbridge Road and on the west by Hells Point Creek. Said parcel contains 73.8 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: The proposed tower must be developed, as presented to the Planning Commission and City Council, as a monopole structure, not to exceed 150 feet in overall height. . The applicant shall purchase and install a tower capable of accommodating a minimum of three addltic.::.a! users and must provide for leased space for other wireless providers, at reasonable terms, when requested. . The planned tower must be a multiple port tower capable of accommodating a minimum of three wireless providers. The proposed tower must be expandable to provide for increased height (180 feet maximum) in the event that City Council determines that increasing the height of the tower is appropriate. Documentation must be provided to the Building Official that the tower foundation is adequate to support weight loading of three standard wireless arrays. . The proposed 150' tower may not be painted in a manner that would increase visibility. Lighting of the tower must meet the standard lighting requirement outlined in FAA guidelines, for towers of 150 feet in height or lower. If, due to FAA or other state or federal guidelines, painting or modified lighting is required, the maximum height of the tower shah not exceed 125 feet. . No trees shall be removed within the portion of the leased area that lies outside the chain link fence, as depicted on the site plan submitted with this conditional use permit application entitled "Preliminary Site Development Plan of Site RMB 5414 for PCS PrimeCo" dated 3-12-97. 6. A variance to the landscape requirements must be considered by the Board of Zoning Appeals. September 9, 1997 - 28- Item V-K. 4. PUBLIC HEARING ITEM # 42605 (Continued) PLANNING This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. `4dopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of September Nineteen Hundred and Ninety-Seven. Voting: 10-0 Council Members Voting `4ye: John ,4. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ,4bstaining: William W. Harrison, Jr. Council Members ,4bsent: None Councilman Harrison ABSTAINED as his law firm provides legal services to the applicant. September 9, 1997 - 29 - Item V-K. 5. PUBLIC HEARING ITEM # 42606 PLANNING Patricia J. Cannon, 1990 General Booth Boulevard, Phone: 721-7263, the applicant, spoke in SUPPORT. Attorney Gerrit Benson, 2840 South Lynnhaven Road, Phone: 486- 7055, representing the property owners adjacent to and to the south of the applicant, registered in OPPOSITION. Upon motion by Council Lady McClanan, seconded by Council Lady Strayhorn, City Council DEFERRED INDEFINITELY Ordinance upon Application of SHEAR DESIGNS, PA TRICIA J. CANNON for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF SHEAR DESIGNS, PA TRICIA J. CANON FOR CHANGE OF ZONING FROM AG-2 TO B-1 Ordinance upon application of Shear Designs, Patricia J. Cannon for a Change of Zoning District Classi. fication from AG-2 Agricultural District to Conditional B-1 Neighborhood Business District on the east side of General Booth Boulevard, south of Las Cruces Drive. the proposed zoning ctassification change to Conditional B-1 is for neighborhood business land use. The Comprehensive Plan recommends use of this parcel for office use in accordance with other Plan policies. Said parcel is located at 1990 General Booth Boulevard and contains 16,552.8 square feet. PRINCESS ANNE BOROUGH. The attorney representing the opposition advised the proffers presume the applicant has access across the parcel to the south. The cross access easement referred to 2000 General Booth parcel serving 2008 General Booth, not the applicant. This DEFERRAL will enable a verbatim to be provided relative this cross access easement and whether this was a condition of the 1987 rezoning to Office District. Apparently, the easement was not legally recorded. The applicant will receive legal advise relative this access. Robert J. Scott, Director of Planning, advised one of the conditions of this zoning was: "Property shall have only one (1) curb cut from General Boulevard with reciprocal use granted to the adjoining property on the North. Mr. Scott's memorandum of September 3, 1997, was referenced relative the site not being large enough to be developed It is a residual site left over from the General Booth Boulevard project dating to the early 1980s. Mr. Scott's recommendation was the property be purchased by the City because it is too small to develop. Said letter is hereby made a part of the record. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 9, 1997 - 30- Item V-J. 6. PUBLIC HEARING ITEM # 42607 PLANNING Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Council ADOPTED the Ordinance upon Application of the CITY OF VIRGINIA BEACH to AMEND the boundaries of the Princess Anne County Courthouse Historic and Cultural Overlay District, as follows: Delete the Historic and Cultural Overlay District from the following parcels: 2641 Princess Anne Road GPIN 1494 64 2494 0000, 1 acre more or less GPIN 1494 64 1457 0000, 9.867 acres 2673 Princess Anne Road GP1N 1494 54 4151 0000, 3 acres GPIN 1494 53 5782 0000, 16682 acres Judicial Boulevard GP1N 1494 54 9202 0000, 1.320 acres located 620feet more or less West of Princess Anne Road and 650 feet more or less North of Judicial Boulevard. North Landine Road _ GPIN 1494 34 1160 0000, 414.305 acres located North of North Landing Road and West of Princess Anne Road. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 9, 1997 - 31 - Item V-L. 1. APPOINTMENTS ITEM # 42608 BY CONSENSUS, City Council RESCHEDULED: BOARD OF BUILDING CODE APPEALS September 9, 1997 - 32 - Item V-L.2. APPOINTMENTS ITEM # 42609 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Council Lady Reba S. McClanan Vice Mayor William D. Sessoms, Jr. Delegate Harry R. Purkey Delegate Robert Tara Garland Payne David Gaskins Jay Birch Steve Taubman Mark Swingle No Term JET SKI ADVISOR Y COMMISSION Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 9, 1997 -33- Item V-L.3. APPOINTMENTS ITEM # 42610 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Rob Mays Unexpired term thru 8/31/99 PARKS AND RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 9, 1997 - 34 - Item V-L. 4. APPOINTMENTS ITEM # 42611 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Cory Bissell Unexpired term thru 12/31/98 RESORT AREA AD VISOR Y COMMISSION (RAAC) Voting: I 1-0 Council Members Voting Aye: John ~4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 9, 1997 - 35 - Item V-N. NEW BUSINESS ITEM # 42612 BY CONSENSUS, City Council RECORDED: ABSTRACT OF LEGAL CASES RESOLVED- AUGUST 1997 September 9, 1997 - 36- Item V-O. 1. RECESS INTO EXECUTIVE SESSION ITEM # 42613 Mayor Meyera E. Oberndor~, 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 purpose: PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which couM affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(.4)(3). To-Wit: 31st Street Property Community Services Board Property Upon motion by Vtce Mayor Sessoms, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION 0:50 P.M.) after which to adjourn from the Conference Room. Voting: 11-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None September 9, 1997 -37- ITEM # 42615 Mayor Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, September 9, 1997, at 5:12 P.M. Council Members Present: John ~4. Baum, Linwood O. Branch, II[, William IV.. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members ,4bsent: None September 9, 1997 - 38- Item CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42616 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, 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: 11-0' Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None *Verbal Vote September 9, 1997 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 # 42613 Page No. 36 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. 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. Ruth Ho/tges Sn~th,-CMC/AAE City Clerk September 9, 1997 -39- Item V-Q. ADJOURNMENT ITEM # 42617 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:13 P.M. · Hooks, CMC//L4E Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia September 9, 1997 - 39- Item V-Q. AD JO URNMENT ITEM ii 42617 Mayor Oberndorf DECLARED the Ctty Council Meeting ADJOURNED at 5 13 P M Beverly 0 Hooks, CMC/AAE Chief Deputy C~ty Clerk es Smzth, CMC/AAE Czty Clerk MeyeraOE Oberndorf ~ Mayor Ctty of Vtrgtnta Beach Vtrgtnta September 9, 1997