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Home My WebLink AboutMARCH 12, 1990 MINUTES "f NTit-@it-iitA 13@@@" "WORLD'S LARGEST RESORT CITY" CITY COUNCIL -- - @ BEM@@, 1, IICE -YOR ROBERT E. FEWM., -@0. -R. -WE., A, AU@REI I Wl-, ]@,, @il CITY COUNCIL AGENDA Ul":Illl l@IT. Ci, MARCH 12, 1990 ITEM 1. CITY MANAGER'S BRIEFINGS A. LABOR DAY COMMUNITY COORDINATION O(Y4MITTEE - Conference Room - 12: NOON B. ROLE OF COMMONWEALTH'S ATTORNEY'S OFFICE - Conference Room - 12:30 PM IN CITY GOVERNMENT AND ACCOMPLISFt4ENTS Robert J. Humphreys, Commonwealth's Attorney ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 1:00 PM A. CITY COUNCIL CONCERNS ITEM 111. L U N C H - Conference Room - 1:20 PM ITEM IV. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM V. FORMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Bishop Johnny D. Christensen Church of Jesus Christ of Latter Day Saints B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. INFORMAL & FORMAL SESSIONS - March 5, 1990 F. PRESENTATION 1. MOSS, NORWAY - VIRGINIA BEACH SISTER CITIES ASSOCIATION Katharine Griggs, President (Sponsored by Councilman W. D. Sessoms) G. PLIBLIC HEARING: 1. PLANNFNG - RECONSIDERATION a. REQUEST of EXEL MFFLER & BRAKE CENTER, INC. FOR RECONSIDERATION of Condltion Number 2 in the August 22, 1988, APPROVED Application of FLASH, INC., T/A Speedee Oif Change and Tune-Up for a Conditional Use Permit for an automobile repair establishment at the Northwest corner of Laskin Road and First Colonial Road (1700 Laskin Road), containing 20,350 square feet (LYNNHAVEN BOROUGH). Scheduled for Reconsideration: February 12, 1990 2. PLANNING a. Application of BARBARA M. and THOMAS B. TRANT for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance (1200 North lnlynnview Road) (LYNNHAVEN BOROUGH). Reconimendation: APPROVAL b. Application of HERBERT D. CULPEPPER for a Variance to Section 4.4(b) of the Subdivislon Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance (3437 and 3445 West Neck Road) (PUNGO BOROUGH). Recoffnendation: APPROVAL c. Application of TIDEWATER KOREAN BAPTIST CHURCH for a Conditional Use Permit for a church expansion at the Southeast corner of Overland Drive and Oakengate Drive (301 Overland Road), containing 2.799 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL d. Application of W. A. BEAMON and JOHN B. LASSITER for a Conditional Use Permit for an automobile repair establishment at the Northwest corner of Southem Boulevard and Freight Lane (5748 Southern Boulevard), containing 16,117 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL e. Application of THE SALVATION ARMY for a Conditional Use Permit for motor vehicle sales and bulk storage on the North side of Virginia Beach Boulevard, 650 feet more or less West of Davis Street (5560 Virginia Beach Boulevard), containing 3.5 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL f . Petition of ESTATE OF AMELIA G. McLEAN for the discontinuance, closure and abandonment of a 3,750 square foot portion of the a I I ey 1 ocated 1 00 f eet West of Atlantic Avenue, beginning at the Southern boundary of Twi light Lane and running Southerly between Lots 8-12 and Lots 20-24, Block 23, Croatan Beach, being 15 feet in width (LYNNHAVEN BOROUGH). Recornmendation: APPROVAL g. Application of RAUCH AND COMPANY for a Conditional Use Permit for a retirement community on the North side of Dam Neck Road, 31173 feet East of General Booth Boulevard, containing 201.46 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROYAL H. CONSENT AGENDA Al I matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it wil I be discussed and voted upon separately. 1. Ord inance to direct the Mayor to execute an Addendum to the Agreement between the City and Aubrey V. Watts, Jr., City Manager, providing for an annual gross salary increase effective January 1, 1990; and, authorizing the TRANSFER of the necessary f unds. 2. Ordinance to TRANSFER $1,490,362 to Project 2-936 Ferrell Parkway- Phase IB to cover construction costs; and, to authorize the City Manager to execute the appropriate agreement. 3. Ordinance appointing viewers in the petition of Ferrell Parkway Associates, Inc. for the closure of a portion of Strawbridge Road (PRINCESS ANNE BOROUGH). 4. Ordinance authorizing tax refunds in the amount of $6,059.34. 1. APPOINTMENTS SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. J. UNFINISHED BUSINESS K. NEW BUSINESS 1. SUPRENE COURT RULE ON VIRGINIA BEACH DOWNZONING Greg N. Stillman, Attorney-at-Law Hunton and Williams L. ADJOURNMENT CITY COUNCIL SESSION RESCHEDULED APRIL 30, 1990 2:00 PM (Planning Items) RESCHEDULE OF APRIL 9, 1990 "PASSOVER" HOLIDAY (Al I other Sessions wi I I be in accordance with the City Code) FY 1990-1991 OPERATING BUDGET APRIL 2, 1990 2:00 PM CITY MANAGER'S PRESENTATION TO CITY COUNCIL (Formal City Council Session) APRIL 5, 1990 COUNCIL WORKSHOP - SCHOOL BUDGET APRIL 16, 1990 CITY COUNCIL WORKSHOP - CITY BUDGET APRIL 19, 1990 7:00 PM PUBLIC HEARIWI - CITY/SCHOOL BUDGET Princess Anne High School APRIL 23, 1990 COUNCIL WORKSHOP FY 1990-1991 OPERATING BUDGET MAY 2, 1990 4:00 PM - 6:00 PM COUNCIL RECONCILIATION WORKSHOP FY 1990-1991 OPERATING BUDGET Council Conference Room N%Y 7, 1990 2:00 PM PUBLIC HEARING AND FIRST READING APPROPRIATION ORDINANCE FY 1990-1991 OPERATING BUDGET (Formal City Council Session) t*Y 14, 1990 2:00 PM SECOND READING AND ADOPTION BY CITY COUNCIL FY 1990-1991 OPERATING BUDGET (ForTnal City Council Session) 2/3/7/90 lb - 2 - C IT Y MANA GE R ' S B R I E F IN G LABOR DAY COMMUNITY COORDINATION COMMITTEE 12:00 NOON ITEM # 32529 Mr. Andrew Fine, Co-Chair, Labor Day Community Coordination Committee, advised approximately 40 Members of the Committee, attended the initial meeting, Wednesday, March 7, 1990, at the Central Library, Additional individuals were appointed as resources with specific expertise in certain areas by the Co-Chairs, Mr. Fine and Dr. Wilson. As the need arises, additional appointees will be made. As per the Department of Justice's recommendation, the Committee was separated into six Subcommittees. Mr. Fine cited the six Functional Subcommittees: Program Committee Michael J. Barrett-Co-Chair Carolyn Bell - Co-Chair Logistics Committee James Capps - Co-Chair Kal Kassir - Co-Chair Security Committee Linwood Branch - Co-Chair Ulyses Van Spiva - Co-Chair Commiinity Participation Committee Ronald Proctor - Co-Chair Mary Redd - Co-Chair Public Information Committee Flo McDaniel - Co-Chair Charles Reynolds - Co-Chair Private Sector Committee Robert M. Rubin - Chair Mr. Fine distributed a Meeting Schedule of the Subcommittees of the Labor Day Community Coordination Committee: Community Participation March 14, 1990 6:00 P.M. ODU/NSU Graduate Center Room "V" Logistics March 13, 1990 7:00 P.M. Pavilion Press Room Private Sector TO BE SCHEDULED Program March 14, 1990 7:00 P.M. Commerce Bank 501 Cleveland Street Public Information March 14, 1990 11:00 A.M. ODU/NSU Graduate Center Room "P" Security March 14, 1990 7:00 P.M. Beach Resort and Conference Center The next meeting of the Labor Day Community Coordination Committee as a whole is scheduled for March 28, 1990, at 7:00 P.M. at the Department of Social Services. CITY COUNCIL SESSION RESCHEDULED APRIL 30, 1990 2:00 PM (Planning Items) RESCHEDULE OF APRIL 9, 1990 "PASSOVER" HOLIDAY (Al I other Sessions wi I I be in accordance with the City Code) FY 1990-1991 OPERATING BUDGET APRIL 2, 1990 2:00 PM CITY MANAGER'S PRESENTATION TO CITY COUNCIL (Formal City Council Session) APRIL 5, 1990 COUNCIL WORKSHOP - SCHOOL BUDGET APRIL 16, 1990 CITY COUNCIL WORKSHOP - CITY BUDGET APRIL 19, 1990 7:00 PM PUBLIC HEARIWI - CITY/SCHOOL BUDGET Princess Anne High School APRIL 23, 1990 COUNCIL WORKSHOP FY 1990-1991 OPERATING BUDGET MAY 2, 1990 4:00 PM - 6:00 PM COUNCIL RECONCILIATION WORKSHOP FY 1990-1991 OPERATING BUDGET Council Conference Room WY 7, 1990 2:00 PM PUBLIC HEARING AND FIRST READING APPROPRIATION ORDINANCE FY 1990-1991 OPERATING BUDGET (Formal City Council Session) MAY 14, 1990 2:00 PM SECOND READING AND ADOPTION BY CITY COUNCIL FY 1990-1991 OPERATING BUDGET (Formal City Council Session) 2/3/7/90 lb M I N U T E S VIRGINIA BEACII CITY COUNCIL Virgitila 13cacil, Virglnla March 12, 1990 The CITY MANAGER'S BRIEFING relative the LABOR DAY COMKUNITY COORDINATION COMMITTEE was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, March 12, 1990, at 12:00 NOON. Council Members Pr@sent: Albert W. Balko, John A. Baum, Vice Mayor RoberL E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 3 - C IT Y MANA GE R ' S B R I E F IN G LABOR DAY COMMUNITY COORDINATION COMMITTEE ITEM # 32529 (Continued) Mr. Fine advised MINUTES of the Labor Day Community Coordination Committee and the Subcommittees are available and will be distributed, if so desired. Mayor Oberndorf referenced an article in the Richmond Time Dispatch of March 10, 1990, which referred to meetings with the Virginia Beach Police and State Police in July and October 1989. Yvonne Simmons of Channel 3 had contacted the Mayor regarding this article. The City Manager advised the reporter received his information from meeting notes taken by a State Police representative. Rumors of fire potential was discussed at the meeting and possible cross training of fire and police were discussed. The City Manager further advised the City never implemented the training and there are no plans to do so in the future. The Labor Day Commi@nity Coordination Committee will prepare weekly reports accompanied by the Minutes of the Committee and the various Subcommittees. Councilman Moss requested a BRIEFING at the appropriate time perhaps June or July by City Staff involving the internal logistics, i.e. garbage collection, et cetera of Labor Day 1990. - 4 - C I T Y M A N A G E R ' S B R I E F I N G ROLE OF COMMONWEALTH'S ATRORNEY'S OFFICE ITEM # 32530 12:30 P.M. The Commonwealth's Attorney, Robert J. Humphreys, advised the City currently provides approximately one-half of the total funding for the operations for the Office of the Commonwealth's Attorney. The Overall Criminal Caseload in Circuit Court has increased 20% in 1989 over 1988: 1988 1989 Violent Crime (e.g. Murder, Rape, Robbery 837 1084 30% Drug Cases 803 939 17% Property Crimes 2622 3104 18% Cases closed/ 296 356 20% Prosecutor Overall Total 4729 5098 20% Cocaine related cases have actually risen 306% over the preceding year. All of the other drug related offences are down slightly. Commonwealth's Attorney Humphreys distributed a Felony Case Prosecutor Work Flow Chart which is hereby made a part of the record. Each attorney is handling approximately 106 cases. In addition to those requirements of State Law, the Comonwealth Attorney's Office assumes other responsibilities which are not required. An attorney 'round-the-clock' is provided for the benefit of the Police Department, the Fire Department, Magistrates, as well as for citizens relative questions involving the process or a particular case. The Commonwealth's Attorney responds to all police shooting crime scenes. Misdemeanors are prosecuted in the General District Court where a police officer or the victim has requested assistance in a sexual assault case. One attorney is sent to Federal Court to handle drug related cases. There is no parole in the Federal System for drug offenders. The sentences are much more stringent. The Office of the Commonwealth's Attorney can utilize the Federal forfeiture statutes and the net result is the Police Department has benefitted approximatley $600,000 since the commencement of this program. The bulk of the funds for the new helicopter came as a result of the work in Federal Court. Among other responsibilities, the Victim/Witness staff assists victims of violent crime in recovering compensation for medical expenses from the State Victims of Violent Crime Compensation Fund. Because of their involvement, Virginia Beach has the highest percentage of claims paid in the Commonwealth. Compensation Claims paid to Victims FY 1988-89 $ 38,754 FY 1989-90 (year to date) $ 30,921 The City has added approximately fifty (50) police officers a year to the police force and the General Assembly has added five (5) new judges to the Courts, but there are no new prosecutors. Over the last five years, the caseload has risen approximately 75%. - 5 - C I T Y M A N A G E R 1 S B R I E F I N G ROLE OF COMMONWEALTH'S ATTORNEY'S OFFICE ITEM # 32530 (Cc)ntinued) Commonwealth's Attorney Humphreys advised services presently provided w! I I have to be cut to lessen the caseload to a proportion the Attorneys can perform etfectively. Some of the relatively petty offenses w! I I not be prosecuted. Felony charges and larceny cases wi I I be reduced involving less than $1,000 worth of property as misdemeanors. This wi I I reduce the caseload by approximately 1,000 cases in the course of a year. Because of inadequate staff, Commonwealth's Attorney Humphreys has directed the Consumer Affairs Division to open a fi le and oonduct an investigation only if the claim is at least $500. The Joint Legislative Audit Review Comittee performed a study of al I the Comonwealth's Attorney off Ices in the State. Their recontnendation based on duties and case load advised Virginia Beach required 13.4 more personnel inci uding attorneys and support staff . There are four attorneys for each secretary. Over twenty additional Commonwealth's Attorney positions are being requested by the various areas in the State, but only seven positions are avai lable. Commonwealth's Attorney Humphreys bel ieved his off ice would receive one positlon In the Biennium; however, three attorneys are needed ininediately to keep pace. When the economy goes down, crime goes up. The City supplernents the salaries of employees authorized by the Compensation Board to a level commensurate with an equivalent City position. The result is the Convnonwealth Attorney's office is able to attract and keep competent and skilled prosecutors and have the in-house expertise to effectively prosecute the most difficult and cornplex of criminal enterprises. Virginia Beach currently has the most experienced staff ot trial attorneys of an y Commonwealth's Attorneys off ice in the state and mernbers of the staff are frequently cal led upon to serve as lecturers and instructors at prosecutors' oonferences throughout the state and around the country. Commonwealth's Attorney Humphreys has requested the State to provide three (3) additional attorneys and two additional secretaries. The Otf ice of the Commonwealth's Attorney is currently structured as three separate budget un its as fol lows: Judicial This unit is the largest and represents the "trad itional" functions of the Off ice incl uding al I criminal prosecutions, asset forfeitures, etc. and cornprises 35 employees including 16 attorneys. Total unit budget $ 1,749,235 State contribution 850,949 City contribution 897,826 Social Services Fraud This budget unit consists of one attorney and one legal secretary who prosecute Welfare Fraud cases, represent the Department of Social Services in child support cases and suits to determine paternity. The State Department of Social Services provides the bulk of the funding for this budget unit pursuant to a contract with the Office of the CorrFnon weal th Attorney and the City. The Office of the Commonwealth's Attorney plans to negotiate a reduction in the City's contribution to this budget unit when the contract is renegotiated this year. Total unit budget $ 66,843 State contribution 46,016 City contribution 20,827 - 6 - C I T Y M A N A G E R ' S B R I E F I N G ROLE OF COMMONWEALTH'S ATTORNEY'S OFFICE ITEM # 32530 (Continued) Consumer Affairs This budget unit comprises the Consumer Affairs Division (formerly Consumer Protection) which is a city agency transferred a number of years ago from the Department of Permits and Inspections to this Office. The Division of Consumer Affairs consists of a Director, Secretary and three Consumer Affairs Investigators. This Unit is completely funded by the City. Total unit budget $ 208,577 There are approximately ten full positions funded one hundred percent by the City. Commonwealth's Attorney Humphreys will provide a complete cost breakdown of the City's funding in his office. The City Manager advised a matrix will be provided to City Council relative all the direct and indirect City supplements to the various Constitutional Offices. - 7 - C ON C E R N S OF T HE MAYOR ITEM # 32531 Mayor Oberndorf advised on Tuesday, March 13, 1990, at 8:00 P.M., Channel 3, RESCUE 9-1-1, Virginia Beach's Emergency Medical Services will be featured. ITEM # 32532 Mayor Oberndorf referenced the letter from Brenda McCormick, Executive Director - Mother's, Inc. dated March Third requesting assistance in the allocation of the $20,000 in the Co@t,nity Development Block Grant Fund for homeless services ADOPTED by City Council on January 29, 1990. These funds were appropriated to fund the winter day shelter program and it is being operated by St. Columba Ecumenical Ministries. The Housing and Neighborhood Preservation informed the Mayor of an application for funds from Brenda McCormick which is in the process of staff review. - 8 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 32533 Councilwoman Parker referenced the memorandum relative the Surfside at Sandbridge Sewerage Treatment Plan and their utilization of Back Bay. Resolution opposing the installation and/or operation of a Wastewater Treatment Facility to serve Surfside at Sandbridge was ADOPTED by City Council on December 11, 1989. The City Staff has communicated the concerns of the City Council relative private sewerage treatment facilities and especially those in environmentally sensitive areas. Councilwoman McClanan advised Patrick Standing was still a Member of the State Water Control Board and inquired whether information had been provided to him. The City Manager advised Mr. Standing was aware of the situation and had served on the first Council Committee which recommended private sewerage treatment facilities not be allowed. The City Manager will reaffirm same with Mr. Standing. Councilwoman Henley advised this particular facility is changing use. In the past, it was a campground, but now parcels are being sold. This is an extremely intense use for this property. Councilwoman Henley was not sure this fit the zoning category in the original use permit. Councilman Baum advised a business cannot be guaranteed to be profitable. If the business is not, the trouble commences. A business is not going to keep a sewerage treatment plant on which they are losing money. Owners of the individual parcels will be pressuring politically for solutions. Councilman Heischober referenced sales have been recorded and would this require subdivision of that property. The City Attorney will investigate same. Councilman Heischober advised whatever Franchise they are given by the State Water Control Board, the following verbiage should be added: A bond must be provided and if Virginia Beach should have to assume responsibility, no equity would pass. Vice Mayor Fentress advised a condo is really a way of ownership. Councilwoman Parker inquired whether there were different regulations for dumping of sewerage in a Back Bay fragile area relative the Atlantic Ocean. The impact would be much greater. Councilman Moss inquired whether the Department of Interior, which is so interested in expanding the Back Bay Wildlife Refuge to protect it, has entered an opinion or rendered any regulatory agency position relative the impact of the aforementioned operation. The City Manager advised information will be provided relative various alternatives of City Council and all alternatives that have been pursued. ITEM # 32534 Vice Mayor Fentress referenced the merger of the Southeastern Virginia Planning District Commission and the Peninsula Planning District Commission, as there are only two remaining Council Sessions before the Commission has requested a response. This item will be SCHEDULED for the City Council Agenda of March 19, 1990. so the Planning District Commission might be informed of City Council's official position. Councilwoman McClanan advised essentially the same staff will be maintained. - 9 - ITEM # 32535 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was cal led to order by Mayor Voyera E. Oberndorf in the Conference Room, City Hall Bui I d i ng , on Monday, March 12, 1990, at 1:35 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Veyor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. C)ouncil Members Absent: None - 10 - ITEM # 32536 Mayor Me yera E. Oberndorf enterta ined a motion to permit City Counc i I to conduct its EXECTJTIVE SESSION, pursuant to Section 2.1-344, Code ot Virginia, as amended, for the fol lowing purposes: 1. PEFTSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, prcmotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or ernployees pursuant to Section 2.1- 344(A)(1). (1) Appointments: Southeastem Tidewater Opportunity Project, Inc. Upon motion by Vice Mayor Fentress, seconded by Councilman %ssl City Council voted to proceed into EXECUTIVE SESSION. Voting 10-0 C)ouncil Members Voting Aye: Albert W. Balko, John A. BaLin, Vice %yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Msyera E. Oberndorf, John L. Perry and William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker - 11 - VIRGINIA BEACH CITY COUNCIL March 12, 1990 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, March 12, 1990, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. WClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Vice Mayor Robert E. Fentress PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 12 - Item V-D. 1. CERTIFICATION OF EXECUTIVE SESSION ITEN # 32537 Upon motion by Vice Mayor Fentress, seoonded by Counci Iman Sessoms, City Council ADOP"RED: CERTIFICATION OF EXECUTIVE SESSION Only publ ic business matters lawf ul I y 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 motions convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. BaLim, Vice Wyor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Vembers Voting Nay: None Council Members Absent: Harold Heischober CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here 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. MOTION; Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATTERS: Discussion, consideration 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). (1) Appointments: Southeastern Tidewater Opportunity Project, Inc. VOTE: 10-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert None E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, John L. Perry and William D. Sessoms Council Members ABSTAINING: Councii Members ABSENT for the Vote: None Nancy K. Parker Council Members ABSENT for the Meeting: None Ru CMC/AAE City Clerk - 13 - Item V-E.I. MINUTES ITEM # 32538 Upon motion by Councilwoman Parker, seconded by Vice Mayor Fentress, City Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of March 5, 1990. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: Harold Heischober *Verbal Aye Councilman Sessoms ABSTAINED as he was not in attendance during the City Council Sessions of March 5, 1990. - 14 - Item V-F.I. PRESENTATION ITEM # 32539 Mayor Oberndorf introduced Katherine Griggs, President MOSS, NORWAY - VIRGINIA BEACH SISTER CITIES ASSOCIATION Katherine Griggs introduced Mr. Paul Jackson, Mrs. Ruth Jackson and Mrs. Anna Schmidt, marshalling in support of the local Norwegian community. The ladies were dressed in the costumes of Norway. Katherine Griggs also presented Art Pittman, Cox High School Band Director, working directly with the Director of the Moss, Norway, Band relative the musical details of the visit. Mr. Frank Caldwall and Mary Wool are representing the Parents Association of Cox High School. Lynn Avery, President of the Junior Women's Club, who are working as sponsors of the event, was also in attendance. The Moss, Norway/Virginia Beach connections date back to the unfortunate wreck of the ship, "The Dictator" nearly 100 years ago and the annual visits thereafter to Virginia Beach of the Captain of "The Dictator" to honor those who perished in the disaster, especially his wife and young son. The formalization of the relationship betwen Moss and Virginia Beach occurred over twenty-seven years ago when the SISTER CITIES ASSOCIATION commenced. At that time, the statue of the Norwegian Lady was presented to the City by the citizens of Moss to replace the figurehead of "The Dictator" which had remained on the Beach by the old Galilee Church. It was swept away in a storm in 1953. An identical twin of the Norwegian Lady stands in a place of prominence just above the Court of Moss facing westward toward Virginia Beach. Every year, the Virginia Beach Fire Department Auxiliary commemorates the anniversary of the wreck of "The Dictator". The Moss School Music Corps is the oldest band in Norway, celebrating its Eightieth Birthday. Mrs. Griggs cited the following SCHEDULE of events: Thursday, June 14, 1990 - Official Moss delegation arrives in Washington, D.C. for a two day visit. Saturday, June 16, 1990 - Delegation arrives in Virginia Beach at Cox High School to be picked up by Host Families. Monday, June 18, 1990 - The Moss delegation will arrive at City Hall to be greeted by Vice Mayor Fentress in absence of Mayor Oberndorf who will be participating in the Annual U.S. Conference of Mayors in Chicago. A privately sponsored luncheon will be hosted for the City Council and Moss Band. Wednesday, June 20, 1990 - The Moss delegation will be guests at a Businessman's Luncheon in the Pembroke Area. The Band will perform as entertainment. Saturday, June 23, 1990 - As this is a special Holiday in Norway "Mid Summer Night", the "Vikings are Coming" theme will be the motto of the day. There will be a Norwegian Walk along the Boardwalk with both bands playing and being led by the Norwegian Delegation. Following the ceremony at the Norwegian Lady, the guests will be honored. The Commemorative Wreath will be laid to honor the victims of "The Dictator". Sunday, June 24, 1990 - The Moss and Cox Bands will perform at the Good Shepherd Lutheran Church on Laskin Road as one in a series of concerts sponsored by the forty-five churches in Virginia Beach in their united effort to house the homeless. After the concerts, the bands and their families will be hosted for dinner by the church. Monday, June 25, 1990 - The Moss Delegation will depart. - 15 - Item V-G. PLIBLIC HEARING PLANNING lTD4 # 32540 Nbyor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. PLANNING - RECONSIDERATION (a) EXCEL 14UFFLER & BRAKE CENTER, INC. CONDITIONAL USE PERMIT Condition Ntober 2 FLASH, INC., T/A SPEEDEE OIL (Approved 8/22/88) 2. PLANNING (a) BARBARA M. AND THOMAS B. TRANT VARIANCE (b) HERBERT D. CULPEPPER VARIANCE (c) TIDEWATER KOREAN BAPTIST CHURCH CONDITIONAL USE PERMIT (d) W. A. BEA14ON AND JOHN B. LASSITER CONDITIONAL USE PEFNIT (e) THE SALVATION AR14Y CONDITIONAL USE PERMIT (f) THE ESTATE OF AMELIA G. McLEAN STREET CLOSURE (g) RAUCH MD COMPANY CONDITIONAL USE PERMIT - 16 - Item V-G. 1. PUBLIC HEARING PLANNING ITEM # 32541 W. Kev in Hunt, 2380 Bay l s Edge, Phone: 481 -1191, represented Excel Muffler an d Brake Centers. Mr. Hunt distributed a site plan and proposed rendering of the building depicting the renovations. Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council WAIVED Condition Number 2 in the August 22, 1988, APPROVED Application of FLASH, INC., T/A Speedee Oil Change and Tune-Up for a Conditionai Use Permit for an automobile repair establishment In the REQUEST FOR RECONSIDERATION by E)(CEL MUFFLER & BRAKE CENTER, INC.: ORDINANCE UPON APPLICATION OF FLASH INC., T/A SPEEDEE OIL CHANGE & TUNE UP FOR A CONDITIONAL USE PERMIT R08881165 Ordinance upon application of Flash, Inc., T/A Speedee Oil Change & Tune-Up tor a Conditional Use Perrnit for an automobile repair establishment on certain property located at the northwest corner of Laskin Road and First Colonial Road. Said parcel conta ins 20,350 square feet. More detailed Information is available in the Department of Planning. LYNNHAVEN BOROUGH. 2. Ih- @li rhiiii be rAMG'.'Gd igrd R FIBW btiild*mg epee4:ed am +hi!5 si+e. The existing building shall be renovated as per the rendering presented during the City Council Session of March 12, 1990. The following condition shall be ADDED: The pole sign shall be removed. Identification on the building shall be adequate. Voting: 11-0 Council Vembers Voting Aye: Albert W. Balko, John A. BaLim, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, Jo hn L . Perry and William D. Sessoms, Jr. C)ouncil Members Voting Nay: None Council Members Absent: None - 17 - Item V-G.2.a. PUBLIC HEARING PLANNING ITEM # 32542 Attorney R. Edwar-d Bourdon, Pembroke One, Building 5th Floor, Phone: 491-1767 Upon motion by Councilman Balko, seconded by Councilman Perry, City Council APPROVED the application of BARBARA M. AND THOMAS B. TRANT for a Variance to Section 4.4(b) of the Subdivision Ordinance which requlres that all lots created by subdivision meet all requirements of the City Zoning Ordinance. Appeal fran Decisions of Administrative Officers In regard to certain elements of the Subdivision Ordinance, Subdivision for Barbara M. and Thomas B. Trant. Property is located at 1200 North Inlynnview Road. Plats with more detailed Information are available in the Department ot Planning. LYNNHAVEN BOROUGH. Voting: 11-0 C)ouncil Members Voting Aye: Albert W. Balko, John A. BaLFn, Vice %yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. tkc]anan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Oouncil Members Absent: None - 18 - Item V-G.2.b. PUBLIC HEARING PLANNING ITEM # 32543 Attorney Robert B. CromweII, Pembroke One, Phone: 499-8971. Attorney CromweII advised the entire tract was acqui red by Wa I lace D. Fisher in 1908. A port ion of this prop erty was conveyed to Wa II ace R. Fi sher in 1939 and the ba I ance was conveyed to him in 1945. Since 1945, this property has remained under one ownersh !p . Wa I I ace R. Fi sher oonveyed the property to Mr. and Mrs. Roache in 1963 and it was then conveyed to Albert A. and Carolyn Culpepper. Upon motion by Councilwornan McClanan, seconded by Councilman Perry, City Council APPROVED an application of HERBERT D. CULPEPPER for a Variance to Sectlon 4.4(b) of the Subdivision Ordinance which requires that all lots c reated by subd i v i si on meet a I I req ul rements of the Cl ty Zon ing Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Or-d i n ance, S ubd I v I s Ion f or Herbert D. Cu I pepp er. Parcel is located at 3437 and 3445 West Neck Road. Plats with more detai led infortnation are aval lable in the Department of Planning. fldliSO 13E)RE)U6ll. PRINCESS ANNE BOROUGH.* *Councilwornan Henley advised the CORRECT Borough is Princess Anne. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. BaLim, Vice @yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 19 - Item V-G.2.c. PLIBLIC HEARING PLANNING ITEM # 32544 Elwood S. IKCI intic, 301 Overland Road, Phone: 497-0799, Member of Korean Baptist Church Upon motion by Counci [man Moss, seconded by Councilwoman Parker, City Council ADOPTED an Ordinance upon appl ication of TIDEWATER KOREAN BAPTIST CHUFTCH for a C)onditional Use Permit: ORDINANCE UPON APPLICATION OF THE OWNER, TIDEWATER KOREAN BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH EXPANSION R03901288 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon appl lcation of The Owner, Tidewater Korean Baptist Church, for a Conditional Use pertnit for a church expansion at the southeast corner of Overland Drive and Oakengate Drive. Said parcel is located at 301 Overland Road and contains 2.779 acres. More deta I I ed in f ormat ion 1 s ava I I ab I e i n the Department of Planning. KEMSPVILLE BOROUGH. The following conditions shall be required: 1. Category I landscape screening shal I be placed along the southern perimeter of the existing and proposed parking areas. 2. The existing vegetation along the western property line shall not be disturbed. 3. Right-of-way dedication is required along the Overland Road frontage to provide for a minimum 50-foot right-of-way. If any additional right-of- way is required to meet the 50-foot minimun, the staff shall so determine and the applicant shall provide sufficient right-of-way to meet the total of 50 feet. Councilwoman McClanan referenced a future 3,200 square foot classrocrn addition has also been depicted on the submitted site plan. Robert Scott, Director of Planning, advised this addition is approved with the approval by City Council of the Conditional Use PerTnit and advised adequate parking is available. At the time of site plan review, this will be further substantiated. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ord inance. Adopted by the C<)uncil of the City of Virginia Beach, Virginia, on the Twelfth of Mar-ch, Nineteen Hundred and Ninety, - 20 - Item V-G.2.c. PUBLIC HEARING PLANNING ITEM # 32544 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Voyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 21 - Item V-G.2.d. PUBLIC HEARING PLANNING ITEM # 32545 J. Randall Royal, 3351 Stoneshore Road, Phone: 468-6800, Engineer for the applicant John B. Lassiter, theapplicant, advised therewasone underground 1,000-gallon fuel oil tank which will be removed. Mr. Lassiter has informed the State Regulatory agencies of the other 10,000-gal Ion tank, which was abandoned. Upon motion by Councilman Perry, seoonded by Counc i I woman FkCIanan, City Council ADOPTED an Ordinance upon appl !cation of W. A. BEAMON and JOHN B. LASSITER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF W. A. BEAMON AND JOHN B. LASSITER FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISFMENT R03901288A BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of W. A. Beamon and John B. Lassiter for a Conditional Use Permit for an automobile repair establishment at the northwest corner ot Southem Boulevard and Freight Lane. The parcel is located at 5748 Southern Boulevard and oontains 16,117 square feet. More detailed information Is available in the Department of Planning. KENSPVILLE BOROUGH. The followlng conditions shall be required: 1. There shall be no outside storage of vehicles during non-business hours. 2. All repairs are to be made inside the building. No oL&side repairs will be allowed. 3. All trash and new or used automobile parts, incl ud ing tires, shall be stored within the building. 4. This si te is approved only for those repair serv ices pertn itted at a utomobi le serv ice stations and def ined in Section Ill of the City Zoning Ordinance under the detinition of "a utcmob i I e service station". No heavy engine, transmission or body repairs will be allowed. 5. There shal I be adequate landscaping in front of building. 6. Trash on side of building shall be removed. - 22 - Item V-G.2.d. PUBLfC HEARING PLANNING ITEM # 32545 (Continued) This Ordlnance shal I be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the C)ouncil of the City of Virginia Beach, Virginia, on the Twelfth of March, Nineteen Hundred and Ninety. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William 0. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 23 - Item V-G.2.e. PUBLIC HEARING PLANNING ITEM # 32546 Captain Bill Madison, Administrator of the Salvation' Army's Adult Rehabilitation Center G. E. "Gerry" Snyder, owner of Snyder's RV and Davis Corner Motors adjacent to the applicant, spoke in OPPOSITION. Mr. Snyder is a member of the Congregation who sold the aforementioned property to the applicant. The Salvation Army did not mention the selling of used cars on this property. The property was sold to the applicant for a Rehabilitation Center. Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council DEF'ERRED INDEFINITELY an Ordinance upon application of THE SALVATION ARMY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE SALVATION ARMY, A GEORGTA CORPORATION, FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND BULK STORAGE Ordinance upon application of The Salvation Army, a Georgia Corporation, for a Conditional Use Permit for motor vehicle sales and bulk storage on the north side of Virginia Beach Boulevard, 650 feet more or less west of Davis Street. Said parcel is located at 5560 Virginia Beach Boulevard and contains 3.5 acres. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. The DEFERRAL will enable the applicant to verify legalities with the State Automobile requirements and laws. Captain Madison will also confer with Mr. Snyder relative his Conditional Use Permit. Councilman Heischober advised the State Law requires the Selling Car Dealer to reinspect vehicles, if selling to an individual. If the vehicle is sold to a demolisher, a reinspection would not be needed. Depending on the condition of the car, demolishers purchase cars anywhere from $25 to $500. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Mar - 24 - Item V-G.2.f. PUBLIC HEARING PLANNING IT[24 # 32547 Attorney Pamela J. Pi scateII i , Kauf man and Canol es, P.C., P.O. Box 3037, Norfolk, Virginia, advised the petition at this time was for Parcel One only. Upon motion by Counc i I man Ba l ko, seoond ed by VIce Mayor Fen tress , City Counc i I APPROVED the Petition of ESTATE OF AMELIA G. McLEAN for the discontinuance, closure and abandonment of a 3,750 square foot portion (PARCEL ONE) of the alley located 100 feet West of Atlantic Avenue, subject to cornpliance by September 24, 1990. Ordinance upon application of the Estate of Ainelia G. W Lean for the discontinuance, closure and abandonment of the alley located 100 feet west of Atlantic Avenue, beginning at the southern boundary of Twilight Lane and running southerly between Lots 8-12 and Lots 20-24, Block 23, Croatan Beach. Said parcel Is 15 feet in width. Plats with more detailed in f ortnat ion are available In the Department of Planning. LYNNHAVEN BOROUGH. The following oonditions shall be required: 1. Approval is for Parcel One only. 2. The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Office. 3. The applicant is required to resubdivide the property and vacate lntemal lot lines to Incorporate the closed area into adjoining parcels, as we I I as, to ensure that al I lots have access to a public street. Lots 20-24 of Block 23 must be Incorporated Into the lots with frontage on Atlantic Avenue. 4. 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, (September 24, 1990). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice %yor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Mayera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THE ALLEY RUNNING THROUGH BLOCK 23 IN CROATAN BEACH, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING CLOSURE OF PUBLIC RIGHT-OF-WAY BEING AN ALLEY THROUGH BLOCK 23 SUBDIVISION OF CROATAN BEACH M.B. 24, PG. 37 LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA,,' WHICH PLAT IS ATTACHED HERETO AS EXHIBIT A. WHEREAS, it appearing by affidavit that proper notice has been given by The Estate of Amelia G. McLean, that they would make application to the Council of the City of Virginia Beach, Virginia, on 1 19-, to have the hereinaf- ter described alley discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said alley be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED BY THE Council of the City of Virginia Beach, Virginia, that the hereinafter described alley be discontinued, closed, and vacated: Beginning at a point at the northeast intersection of Atlantic Avenue and Croatan Road; thence, N04114115"W 350.001 aloiig the eastern right-of-way line of Atlantic Avenue; thence, leaving the eastern right-of-way line of Atlantic Avenue N85145145"E 100.00' to the True Point of Beginning; thence, N04'14115"W 250.001 to a point; thence, N85145'45"E 15.00' to a point; thence, S04114115"E 250.00' to a point; thence, S85@45'45"W 15.00' to the True Point of Beginning. Said parcel of land designated as "Total Right-of-Way to be Vacated Area = 3,750 Sq. Ft. or 0.086 Acre (Alley)," GPIN 2426-39-6865 2426-39-7883 2426-39-6684 2426-39-6860 2426-39-7747 2426-39-6734 2426-39-7697 as indicated on that certain plat of property in Virginia Beach, Virginia, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. Adopted: PARCEL ONE ONLY 2 N OTES EXHIBIT A 1. THIS PLAT WAS COMPILED FROM PLATS EL DEEDS OF RECORD AND DOES NOT REFLECT A CURRENT FIELD SURVEY. 2. THis PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAND 3. @ I)ENOTES LOT NUMBERS @ DENOTES BLOCK NUMBER W6 ua. TWILIGHT LANE z ELM. AVENUE ul cr C\j CLOSED) w U. (d w /F McLEAN 8 , PG. 1563 GPIN NO. 2426-39-6865 N 85'45'45'E 215.00 ioooo, 0 0 0 GPIN NQ (? 0 G IN NO 8 0 92426- 39 -6860 Uo) 02426- 39-7883 0 n LO ro LD ioo.oo' K) loo. 00' LO a. 0 0 00 0 OR 0 OCD GPIN NO. GPIN NQ 8 -0 cil 0 0 d-2426-39-6734 U) 747 o Ln U) In C\i > < ioooo' z LLJ z @ LLJ < 0 (D Z 0 z '-, , LLJ C\i a. u cd 0 C\i 8 C\i [p 8 C\) F- 0 w IT 0 0 < 0 b C\i LC) - Z 0 Ln Lf) Lc)< V - 0 Z 0 LLI z LLJ z < Z () CL < (L a- @ U- LD w (D z It z IOGOO 'L@ ioooo' S 85'45'45'W 215 00' N/F z I roi HELEN LEIMBACH @CF C)O 0 zct N/F < RU 1561 S B@0234 HELEN LEIMBACH n. FOOS TOTAL RIGHT-OF-WAY TO BE D.S. 23 40, PG. 1561 VACATED AREA= 3,750 SO.FT oo< OR 0.086 ACRE.( ALLEY) U') 0 PLAT SHOWING CLOSURE OF PUBLIC RIGHT-OF-WAYBEINGANALLEY THROUGH BLOCK 23 SUBD[VfSION OF CROATAN BEACH M@ B. 2 4. PG. 37 LYNNHAVEN BOROUGH ' VIRGINIA BEACH, \ARGINIA Langley and McDonald A PROFESSIONAL CORPORATION ENGINEERS- PLANNERS- SURVEYORS VIRGINFA BEACH- WILLIAMSBURG, VIRGINIA DWN.: NND CHK'D-SGS SHEET- I OF- I SCALE: I'z 50 - 25 - Item V-G.2.q. PUBLIC HEARING PLANNING ITEM # 32548 The following spoke In SUPPORT of the application: Joel Hi II man, 8725 HI ggin s Road, Chic ago, III!nois , Phone: (312) 380-1800, represented Rauch and Company, a development organization. Admiral James Linder, 2632 South Kings Road, Phone: 486-5778, represented Horizons, Inc. Edward R. Roehm, 1912 Sandee Crescent, registered but WAIVED the right to speak Captain H. L. Gordner, 1928 Weybridge Circle, Phone: 426-6858, represented the Courthouse-Sandbridge Coal !tion OPPOSITION: John 0. Parmele, 1316 Yawl Point, Phone: 481-1259, retired enlisted man. Upon motion by Counci lwoman McClanan, seoonded by Counc! lman Baum, City Counc! I ADOPrTED an Ord inance upon appl lcation of RAUCH AND COMPANY for a Cond itional Use Permit: ORDINANCE UPON APPLICATION OF RAUCH AND COMPANY FOR A CONDITIONAL USE PEFNIT FOR A RETIREMENT COMMUNITY ON CERTAIN PROPERTY R03901289 BE IT HEREBY ORDAINED BY THE COUTCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon appl !cation ot Rauch and Company for a Conditional Use Permit for a retirement coffmunity on certain property located on the north side of Dam Neck Road, 3173 feet east of General Booth Boulevard. Said parcel contains 201.46 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. The following oonditions shall be required: 1. The entrance to the retirement center shall be designed to accommodate at least one lane In and two lanes out. 2. A righi-turn lane is required into the entrance. 3. A residential sprinkler system shall be Installed in the duplex villas as requlred by the Fire Department. In the mid-rise structure, an automatic sprinkler system and an automatic fire alarm system approved by the Office of Fire/Plans Review and the City Fire Protection engineer shall be Installed. Such systems shall canply with NFPA 13R and NFPA 13. 4. Category IV screening shall be installed along the frontage of the subject site on Dam Neck Road. 5. E)< i st ing vegetation shall be preserved where feasible. A detailed tree protection plan shall be approved by the City Arborist. 6. A variance to the maximun height restriction is required f rcrn the Board of Zoning Appeals for construction of the proposed six story mid-rise structure. 7. Van transportation shall be made available to all residents. - 26 - Item V-G.2.q. PUBLIC HEARING ITEM # 32548 (Continued) PLANNING This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of March, Nlneteen Hundred and Ninety. Votlng: 11-0 Council Members Voting Aye: Albert W. Balko, John A. BaLm, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McC]anan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 27 - Item V-H. CONSENT AGENDA ITEM # 32549 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED in ONE MOTION Items 1, 2, 3 and 4 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Aibert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan*, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Councilwoman McClanan voted a VERBAL NAY on item V-H.J. Council Members Absent: None - 28 - Item V-H.1 CONSENT AGENDA ITEM # 32550 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to direct the Mayor to execute an Addendum to the Agreement between the City and Aubrey V. Watts, Jr., City Manager, providing for an annual gross salary increase effective January 1, 1990; and, authorizing the TRANSFER of the necessary funds. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None 1 AN ORDINANCE RELATING TO THE 2 CONTRACT OF THE CITY MANAGER OF THE 3 CITY OF VIRGINIA BEACH AND AUTHORIZING 4 THE TRANSFER OF NECESSARY FUNDS 5 WHEREAS, there is an Agreement between the City Council 6 and City Manager for the services of the City Manager from 7 December 1, 1988, to November 30, 1993, and 8 WHEREAS, the City Council has reviewed the performance 9 of the City Manager of the City of Virginia Beach, and 10 WHEREAS, the City Council and city Manager desire to 11 agree upon an addendum to said Agreement, 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 13 CITY OF VIRGINIA BEACH, VIRGINIA: 14 1. That the City Attorney is directed to prepare and 15 the Mayor is hereby authorized to execute an Addendum to the 16 Agreement between the City of Virginia Beach, Virginia, and 17 Aubrey V. Watts, Jr., City Manager, providing for a SIX THOUSAND, 18 TWO HUNDRED FIFTY DOLLAR ($6,250.00) increase in the annual gross 19 salary of the City Manager effective January 1, 1990. 20 2. That the Assistant City Manager for Analysis and 21 Evaluation is hereby authorized to transfer the necessary funds 22 from within the Executive Department's FY 1989-90 operating 23 Budget to meet the terms of the Addendum. 24 This ordinance shall be effective as of January 1, 25 1990. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, this 12 day of March 1990. 28 LLL/ccm 29 11/20/89 30 01/09/90 31 01/16/90 32 01/18/90 33 03/05/90 34 CA-3550 35 Citymgr.ord - 29 - Item V-H.2 CONSENT AGENDA ITEM # 32551 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to TRANSFER $1,490,362 to Project 2-936 Ferrell Parkway- Phase IB to cover construction costs; and, to authorize the City Manager to execute the appropriate agreement. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF 2 $1,490,362 TO PROJECT 2-936 Ferrell PARKWAY-PHASE IB 3 TO COVER CONSTRUCTION COSTS 4 WHERFAS, the Capital Improvement Program includes project 2-936 Ferrell 5 Parkway-Phase IB which is for construction of a four-lane divided highway from 6 Pleasant Valley Road to Princess Anne Road including bridge structures over 7 Salem Canal, Salem Road, and Princess Anne Road; 8 WHEREAS, the construction of bridges and associated roadway and drainage 9 improvements for Ferrell Parkway-Phase IB, to be funded entirely by the city, 10 was bid with project 2-820 Princess Anne Road-Phase III, a Virginia Department 11 of Transportation project, to allow better coordination of construction between 12 the two projects; 13 WHEREAS, as a result of recently opened bids, the Virginia Department of 14 Transportation has prepared a city-state agreement which identifies a cost of 15 $4,201,293.55 to be charged to Ferrell Parkway-Phase IB; 16 WHEREAS, the project account for Ferrell Parkway-Phase IB presently 17 needs additional funds in the amount of $1,490,362 to cover the cost of is construction since funding for the bridges is not scheduled to become available 19 until the end of calendar year 1990; 20 WHEREAS, the additional amount needed for this project may be 21 transferred from existing roadways capital projects in which construction costs 22 were lower than anticipated. 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That funds in the amount of $1,490,362 are hereby transferred as shown 26 below to provide for construction costs for Perrell Parkway-Phase IB: 27 Transfer from: 28 Project 2-083 Indian Lakes Boulevard-Phase II $ 417,676 29 Project 2-039 Dam Neck Road-Phase 1 853,297 30 Project 2-092 Northampton Boulevard-Phase IIA 219@389 31 Transfer to: 32 Project 2-820 Ferrell Parkway-Phase IB $ 490 362 33 This ordinance shall be in effect from the date of its adoption. 34 Adopted by the Council of the City of Virginia Beach, Virginia on the 35 12 day of March , 1990. - 30 - Item V-H.3 CONSENT AGENDA ITEM # 32552 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance appointing viewers in the petition of Ferrell Parkway Associates, Inc. for the closure of a portion of Strawbridge Road (PRINCESS ANNE BOROUGH). The Viewers are: David G. Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public Works Robert J. Scott Director of Planning Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None