HomeMy WebLinkAboutFEBRUARY 26, 1990 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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FEBRUARY 26, 1990
ITEM 1. CITY MANAGER'S BRIEFING - Conference Room - 4:00 PM
A. SPSA's CURBSIDE RECYCLING PROGRAM
Durwood S. Curling, Executive Director
Southeastern Public Service Authority of Virginia
ITEM Ii. COUNCIL CONFERENCE SESSION - Conference Room - 4:30 PM
A. CITY COUNCIL CONCERNS
ITEM 111. D I N N E R - Conference Room - 4:50 PM
ITEM IV. INFORMAL SESSION - Conference Room - 5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM V. FORMAL SESSION - Council Chamber - 6:00 PM
A. INVOCATION: Reverend Robert A. Larson
Providence Presbyterian Church
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 - February 20, 1990
F. RESOLUTION/ORDINANCES
1. Resolution authorizing the City Manager to execute a Deed Of
Easement to Contel of Virginia, Inc. for a ten-foot strip on
Parcel 82, London Bridge Fire Station, Oceana West Industrial Park,
off Central Drive (PRINCESS ANNE BOROUGH).
2. Ordinance to AMEND and REORDAIN Section 7-57 of the Code of the
City of Virginia Beach, Virginia, re riding bicycles on sidewalks.
3. Ordinances to authorize changes In compensation effective
January 1, 1990:
a. City Assessor
b. City Clerk
G. PUBLIC HEARING
1. PLANNING
a. Application of DOROTHY D. WELLER for Variances to the
Subdivision Ordinance re West side of River Road, 1700 feet
more or less Southwest of North Great Neck Road
(LYNNHAVEN BOROUGH):
Section 4.4(b) which requires a I I lots c reated by subdivision
meet all requirements of the City Zoning Ordinance;
AND,
Section 4.4(d) which requires all lots created by subdivision
shall have direct access to a public street.
Recommendation: APPROVAL
b. Application of JAMES M. ARNHOLD for Change of Zoning District
Classification from AG-2 Agricultural District to R-10
Rp,sidential District at the Northeast corner of Seaboard Road
and Huckleberry Trail (2332 Seaboard Road), containing
1.08 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
c. Request of OCEAN BREEZE FESTIVAL PARK, INC. for Reconsideration
of Condition Numbers 8, 9 and 10 in application for a
conditional use permit for recreational facilities of an
@utdoor nature on the East side of South Birdneck Road,
830 feet South of Be I I s Road , conta i n i ng 74. 5 ac res (PR I NCESS
ANNE BOROUGH).
APPROVED: June 23, 1986.
Recommendation: DEFERRAL of Conditions #8 and #10
APPROVAL of Condition #9
d. Appl ication of TOM and DENISE DUFFY for a Conditional Use
Permit for outside storage on the West side of Freight Lane,
230 teet more or less North of Southern Boulevard
(121 Freight Lane), containing 2.01 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
e Petition of CENTRAL FIDELITY BANK for the discontinuance,
closure and abandonment of a portlon of Cleveland Street
beginning at the Western boundary of Independence Boulevard and
running in a Westerly direction a distance of 225 feet, being
50 feet in width and containing 11,205 square feet
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
f. Appl ication of BAYFRONT ASSOCIATES, LTD. for a Conditional Use
Permit for a home for the aged on the North side of
Shore Drive, 622.97 feet West of Beech Street, containing
7.292 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
g. Application of BOOTH HILL JOINT VENTURE for a Variance to
Section 4.4(b) of the Subdivision Ordinance which requires all
lots created by subdivision meet all requirement of the City
Zoning Ordinance on the West side of General Booth Boulevard,
450 feet more or less North of Dam Neck Road
(PRINCESS ANNE BOROUGH).
Recommendation: DENIAL
H. APPOINTMENTS
ADVERTISING ADVISORY REVIEW COMMITTEE
LABOR DAY COMMUNITY COORDINATION COMMITTEE
SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC.
1. UNFINISHED BUSINESS
J. NEW BUSINESS
1. FY 1990/1991 ASSESSMENTS
Jerald D. Banagan, Real Estate Assessor
K. ADJOURNMENT
CITY COUNCIL SESSION RESCHEDULED
APRIL 30, 1990 2:00 PM
(Planning Items)
RESCHEDULE OF APRIL 9, 1990
"PASSOVER" HOLIDAY
2-22-90 lbs
m I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 26, 1990
The CITY MANAGER'S BRIEFING relative SPSA'S CURBSIDE RECYCLING PROGRAM as
called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall
Building, on Monday, February 26, 1990, at 4:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Absent:
Harold Heischober (ENTERED: 4:07 P.M.)
Nancy K. Parker (ENTERED: 5:00 P.M. Late due to Daughter's
illness)
John L. Perry (ABSENT due to foot surgery)
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C I T Y M A N A G E R ' S B R I E F I N G
SPSA'S CURBSIDE RECYCLING PROGRAM
4:00 P.M.
ITEM 32462
Durwood S. Curling, Executive Director Southeastern Public Service Authority,
advised SPSA is the agency handling the municipal solid waste for the eight
communities on the south shore of Hampton Roads. Approximately 1,050,000 people
are served with approximately 1-MILLTON tons of waste per year. Thus, an amount
equal to one ton per person is generated. The system is nationally and
internationally recognized as a top rate solid waste program. The construction
costs approached approximately $170,000,000. SPSA borrowed these funds in
revenue bonds and the financing is project financing.
In the 1989 Session of the General Assembly, there were three significant
pieces of legislation and regulations ADOPTED, which greatly impact the area.
All of the local governments in the State of Virginia had to recycle a certain
portion of their waste by 1995. That schedule entails 10% of the waste by 1991,
15% by 1993 and 25% by 1995. This is a legislative mandate. The State
Department of Waste Management passed new regulations governing the
construction of transfer stations, landfills, et cetera. The state-of-the-art
landfill in Suffolk handles a portion of the City of Virginia Beach's garbage.
This landfill costs SPSA $40,000 per acre to build. SPSA is in the process of
expanding this landfill by fifty (50) acres. Under the new regulations, SPSA
has been advised by their engineer, the cost will now be approximately $170,000
an acre to build. Thus this fifty (50) acres will entail a cost of
approximately $9-MILLION. The General Assembly mandated each local government
or consortium of local governments to prepare a plan for the future management
of their waste. SPSA is in the process now of preparing this plan which is
estimated to cost $150,000, in staff time as well as cash. The State neglected
to afford the local governments any financial assistance to implement these
requirements.
In the current session of the General Assembly, there has been in excess of
fifty pieces of legislation dealing with municipal solid waste management in
Virginia.
The Board of Directors of SPSA approved, in 1989, a pilot curbside recycling
program, where the City would collect six products from a selected number of
homes in seven of the eight communities served: aluminum, glass, paper, the two
plastics, tin cans (ferrous metals). These ferrous metals would be marketed.
SPSA is currently handling 1200 homes in the City of Virginia Beach. This
program has been tremendously successful with the average weekly participation
being 53%. The Staff has recommended, (in the Budget commencing July 1991),
this curbside recycling program be expanded over a three-year period to include
all of the homes receiving municipal collection of solid waste within seven of
the eight communities. Southampton is not included in the curb side program as
they are so rural, it could not be justified. However, funds are available for
a drop-off program.
Mr. Curling distributed material relative Curbside Collection and Recycling.
Recycling does not pay for itself and subsidies are needed to offset the cost.
The principal good derived from a curbside recycling program is people are
involved with their separation of recyclebles and nonrecyclebles and become
aware of the quantities of waste generated. This is an excellent educational
tool and justifies the expansion of this program. Between 3% and 5% of the
waste stream would be recycled through a curbside program, assuming there are
markets for the curbside materials. There are markets available for the six
products collected and those markets are anticipated to stay in place. The
capital costs for the first year will be $2.9-MILLION and $2.2-MILLION for each
of the following two years. Presently the tipping fee is $26.50 a ton for the
waste delivered to SPSA. Under the expansion plan, the program would add a
$1.27 per ton change to the tipping fee, which is a 4.7% increase. This
addition would increase to $3.78 per ton for the second year of the expansion
and further increase to $5.68 per ton in the third year.
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C IT Y MANA GE R ' S B R I E F IN G
SPSA'S CURBSIDE RECYCLING PROGRAM
ITEM # 32462 (Continued)
Mr. Curling advised the Summary Data relative the curbside recycling program:
Net Total Cost $ 35,547.03 $95,687.28
Total Number of pickups: 42,573 120,517
Net Cost Per Pickup: $ .83 $ .79
Net cost Per Ton Marketed: $ 145.09 $ 141.55
Under the proposed curbside expansion as recommended by SPSA staff to its Board
of Directors, the annual additional cost to Virginia Beach is estimated to be:
FY 91 FY 92 FY 93
Tipping Fee Add-on $ 1.27 $ 3.78 $ 5.68
Annual Additional Costs $162,074.00 $482,392.00 $724,865.00
*based on 127,617 tons disposed during the 12 month period ending
October 31, 1989.
Mr. Curling advised the tipping fees with and without recycling. If the SPSA
does not devise an additional facility or combination of facilities to receive
the solid waste generated in the area, the impact in 1998 will result in
approximately one-half of the waste generated not having a home. A second
waste energy plant through the VEPCO program is being investigated. There is a
possibility this plant might be privately built and solid waste delivered to
them. All of the areas in which the SPSA wishes to expand the regional landfill
in Suffolk are non-tidal wetlands; and, therefore a federal 404 permit is
needed. This entails an involved and very expensive environmental impact
statement process. A first phase has been completed with a series of criteria
established. Eighty-eight (88) sites in Southeastern Virginia were located.
There was not a single site that did not involve non-tidal wetlands. Twenty-
one (21) sites have been now shortlisted to be further studied.
The number of homes serviced in Virginia Beach on a weekly basis relative
curbside recycling is 1113 homes.
Mr. Curling cited the Representative Tipping Fees on the east coast. SPSA's
current tipping fee of $26.50 competes very favorably. Newport News is the
only one lower at $25.00 per ton and this is strictly landfill. SPSA has a
complete comprehensive program including landfilling, recycling, waste energy
and transfer. Tf SPSA did not transfer, and the communities directly hauled the
waste to either the landfill in Suffolk or to the waste energy plant in
Portsmouth, the payment would be approximately $15.00 per ton. There are
approximately 75 tractor trailers on the road daily. These tractor trailers
haul raw waste, ash, et cetera. All of the tipping fees in New Jersey are in
excess of $100.00 per ton.
The Federal Government is considering the reenactment of the Clean Air Act
which will have a dramatic impact on the operation of the waste energy plant.
The United States Congress is considering the reauthorization of the Resource
and Conservation Recovery Act. The Environmental Protection Authority is
proposing regulations regarding the update of the new source performance
standards. Those EPA standards regulate emissions from waste energy plants and
others which involve emissions into the atmosphere. Before an EPA permit is
granted, twenty-five percent (25%) of the waste stream must be recycled.
The curbside program, from May 1989 to December 31, 1989, only accounted for
676 tons out of approximately 600,000 tons solid waste.
A yard waste program, involving leaves, grass and tree limbs, is being planned
with $2.1-MILLION on hand to build the facility. This is planned to be built at
the landfill in Virginia Beach.
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C IT Y MANA C E R ' S B R I E F INC
SPSA'S CURBSIDE RECYCLINC PROGRAM
ITEM # 32462 (Continued)
A substantial recycling program is in place at the present time but still not
approaching the 25% waste steam requirement of solid waste. A major portion of
this 25% will be derived from automobile junkyards. Because the landfill in
Suffolk has a liner, SPSA is permitted to take the "fluff" (seat covers,
headliners) from the scrap dealers. When the automobile is junked and the
ferrous metal is sold, SPSA will receive credit for this metal.
The curbside recycling program is not the only item to be recommended. Mr.
Curling will suggest a system of igloos at the condo and multi-family
establishments. The homeowner can separate glass, news print, et cetera in the
individual igloos.
Councilman Balko requested the figures in Rhode Island, which has only one
landfill at one site statewide.
On March Eight, the State Waste Management Board will be considering
regulations denoting the materials which will be credited toward the 25% waste
stream requirement. There have been objections toward permitting the ash from
waste to energy plants to be credited towards the 25% recycling goal, if same
is utilized for items such as road bed base and cinder blocks. The penalty for
non-attainment of the goal of 25% waste stream requirement is a permit will not
be issued for a new solid waste disposal facility until the requirement has
been complied.
Mr. Curling advised the two priorities selected were the yard waste and the
curbside program. There are many components in the recycling plan including
dropoff. The two programs under consideration in SPSA's budget, the $6.00
tipping fee increase, represent a substantial affect on the communities, thus
other programs have not been presented.
Councilwoman McClanan requested research and analysis be provided relative all
the various alternatives.
Mayor Oberndorf inquired relative the cost benefit ratio for the City vs the
private sector vs SPSA handling drop-offs and recycling centers.
Mayor Oberndorf inquired whether a mobile drop off center had been examined.
Mr. Curling advised this had not been examined; however, the costs of a drop
off program, a materials recovering facility, et cetera, are available and all
of these components are included in the plan the SPSA Board has approved. The
scheme on the implementation of the plan is to do a component at a time. In
this particular budget year, there are two components, the yard waste program
and the curbside program. There will be subsequent components.
Mayor Oberndorf requested that the SPSA take a serious look at the drop off
center concept first.
Mr. Curling advised the key to recycling is convenience. Mr. Curling believed
the program most encouraging rcycling was curbside.
The City Manager inquired if Virginia Beach wished to take care of the yard
debris portion of the waste stream through Ordinances and mulching programs,
would this be possible and could credit still be received for the state mandate
of 25%.
Mr. Curling advised the SPSA Board would have to respond to the first portion
of the question, but credit could still be received towards the state mandate.
Mr. Curling advised the City Manager the greater the City's density, the more
cost effective the curbside program.
Mr. Curling advised SPSA was receiving 72cts a pound for aluminum. Tt is now 46cts
a pound. Only 2cts a pound is received for plastic.
Councilwoman Henley requested an explanation relative the information in the
report which indicated the lost revenue from the tipping fees should be
considered as a cost to the curbside program.
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C IT Y C 0 UN C I L C ON C E R N S
ITEM # 32463
Councilwoman Parker apologized for being late, as her daughter was quite ill.
ITEM # 32464
Councilwoman McClanan advised under NEW BUSINESS, she will be sponsoring
Michael Arthur Rorer and his wife, Kristen Williams Rorer, relative problems
arising from tow-truck regulations.
ITEM # 32465
Councilwoman McClanan further advised under NEW BUSINESS, she will be adding a
proposed Ordinance to authorize Acquisition of property in Fee Simple for
right-of-way for Ferrell Parkway from El Camino Real Drive to Sandbridge Beach
and by negotiations with property owners. This Ordinance relates to the Land
Protection Plan Back Bay National Wildlife Refuge by the U.S. Department of the
Interior Fish and Wildlife Service. Councilwoman McClanan also referenced the
letter of January 11, 1990, to Mr. Kenneth G. Lee from the Deputy Director of
the United States Department of the Tnterior, relative the concerns of the Back
Bay Citizen's Alliance. Councilwoman McClanan distributed copies of the letter
and Ordinance. Said letter and Land Protection Plan are hereby made a part of
the record.
ITEM # 32466
Councilman Baum referenced the letter of the City Manager dated February 20,
1990, regarding the Southeastern Expressway Meeting on February Seventh.
Councilman Baum requested the City Manager, within the next few weeks, brief
City Council during the Formal Session regarding these meetings. These policy
changes are being discussed by the Staff agencies; however, the public is not
in attendance. Public Works, Planning and the Department of Agriculture could
provide an update relative the proposed policy and the alternatives of the
Envirorunental Protection Agency. Apparently the proposal involves all the land
composed of hydric soil, whether cleared or not, could never be converted to
any other use. This would affect all road building, not just the Southeastern
Expressway. The 7-1/2 miles from the Municipal Center to Kempsville is composed
entirely of hydric soil.
Councilman Baum referred to the case in Clouster County and advised the EPA can
force you to put the land back into its previous condition.
ITEM # 32467
Councilwoman Henley referenced the REVISED SCHEDULE OF THE FY 90-91 OPERATING
BUDGET. Councilwoman Henley advised Wednesday, May 2, 1990, seemed very late to
SCHEDULE the PUBLIC FORUM at Princess Anne High School. BY CONSENSUS, City
Council SCHEDULED Thursday, April 19, 1990, as the date of PUBLIC HEARING at
7:00 P.M. The City Manager will advise relative the location.
TTEM # 32468
Councilman Heischober referenced HJR 181 Route 58 TMPROVEMENT FUNDS before the
General Assembly. The City's funds may be cut back considerably and may lose
all or a substantial part of the $6-MILLION of recordation. Depending on the
impact to the City's revenues and how the Budget must be adjusted, Councilman
Heischober advised additional PUBLIC HEARINGS of the FY 1990-91 BUDGET might be
required.
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C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 32469
Councilman Balko further referenced the concern of Councilman Baum relative the
various government agencies. Councilman Balko has heard if a building is going
to be erected on the hydric soils, if it is for public purposes, same might be
agreeable, but if it is not for public purposes, it might not be.
ITEM # 32470
Councilman Moss referenced the information provided by the City Manager
relative the status of I-64/Indian River Road Interchange. In Friday's
Virginian-Pilot Ledger/Star, February 23, 1990, there was great interest in
another midtown tunnel tube. Councilman Moss stressed the City's continued
communication to the Federal Highway Administration and the Transportation
Board the importance of improving the section of I-64 between I-44 and
Greenbrier, not only for Virginia Beach but for Chesapeake.
- 7 -
C ON C E R N S OF T HE MAYOR
ITEM # 32471
Mayor Oberndorf referenced the APPOINTMENT of the LABOR DAY COMMUNITY
COORDINATION COMMITTEE during the Formal Session. The City Manager advised C.
Oral Lambert, Jr., Director of Public Works, and, Daniel Stone, Director of
Social Services, will be Co-chairs assuring the various City agencies respond
appropriately, as well as perform the necessary staff functions for the LABOR
DAY COMMUNITY COORDINATION COMMITTEE.
Mayor Oberndorf referenced conversation with members of the INTERRACIAL
BUSINESS AND CIVIC COALITION who have been most patient in their efforts to
educate and advise the various initiatives proposed.
- 8 -
ITEM # 32472
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, February 26, 1990, at 5:27 P.M.
Council Members Present:
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 and William D. Sessoms, Jr.
Council Members Absent:
John L. Perry
- 9 -
ITEM # 32473
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion, 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: Advertising Advisory Review Committee, Labor
Day Community Coordination Committee, Southeastern Tidewater Opportunity
Project, Inc.
Upon motion by Councilman Baum, seconded by Councilman Moss, City Council voted
to proceed into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Barbara M. Henley and John L. Perry
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VIRGINIA BEACH CITY COUNCIL
February 26, 1990
6:15 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,
February 26, 1990, at 6:15 P.M.
Council Members Present;
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 and William D. Sessoms, Jr.
Council Members Absent:
Councilman John L. Perry was ABSENT due to foot surgery.
INVOCATION: Reverend Robert A. Larson
Providence Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Item V-D. 1.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 32474
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
ADOPTED:
CERTIFICATION OF EXECUTIVE SESSION
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 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. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
IK,e ti tit tilt ti tt
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 Councilman Baum, 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: Advertising Advisory Review
Committee, Labor Day Community Coordination Committee, Southeastern Tidewater
Opp6rtunity Project, Inc.
VOTE: 9-0
Council Members Voting AYE: Council Members Voting NAY:
Albert W. Balko, John A. Baum, Vice Mayor Robert E. None
Fentress, Harold Heischober, Reba S. McClanan,
John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms
Council Members ABSTAINING: Council Members ABSENT for the Vote:
None Barbara M. Henley and John L. Perry
Council Members ABSENT for the Meeting:
John L. Perry
@th Hodges'Smith, CMC/AAE
City Clerk
- 12 -
Item V-E.I.
MINUTES ITEM # 32475
Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City
Council APPROVED the Minutes of the INFORMAL & F'ORMAL SESSIONS of February 20,
1990.
Voting: 10-0
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 and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 13 -
Item V-F. 1.
RESOLUTIONS/ORDINANCES ITEM # 32476
Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City
Council ADOPTED:
Resolution authorizing the City Manager to execute
a Deed Of Easement to Contel of Virginia, Inc. for
a ten-foot strip on Parcel 82, London Bridge Fire
Station, Oceana West Industrial Park, off Central
Drive (PRINCESS ANNE BOROUGH).
Voting: 10-0
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 and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
i,. RESOLUTION AUTIIORIZING THE CITY
2 MANAGER TO EXECUTE A DEED OF
3 EASEMENT TO CONTEL OF VIRGINIA,
4 INC. LOCATED IN THE CITY OF
ITIRGINIA BEACH.
W14EREAS, the City of Virgi.nia Beach is the owner of
7 certain property located and situated in the PrinceSS Anne Borough
8 shown as Parcel 82 on that certain plat entitled, "CONTEL OF
9 VIRGINIA, INC. Exchange 8900\Ship Location District East Title
10 Easement London Bridge Fire Station O.W.I.P. PARCEL 82 Job Order
11 Number E0307-01 Prepared by BJH,ll prepared by Contel; and
11 WHEREAS, the City of Virginia Beach for and in
1
13 consideration of the iiiutual benefits obtained desires to convey
14 their interest in and to the above property by a deed of easement;
15 and
1 r, WHEREAS, the City Council is of the opinion that the
17 conveyance of the property would be in the public interest and
18 benefit.
19 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21 That the conveyance of the easement is declared to be in
22 the public interest and benefit and that the City Manager is
23 aiithorized to execute a deed of easement to Contel of Virginia,
24 Inc., of the property hereinabove .
25 This Resolution shall take effect immediately upon its
26 adoption.
27 Adopted by the '-ity Council of the City of Virginia
28 Beach, Virginia, on the 26 day of Fdbruary 19 90
,)g EEF/kg APIIO Al
30 CA-89-3579
31 12/14/89
'12 \ordin\noncode\Conteleas.res
DEPAPTMENT
APPROVED AS TO LEGAI
CITY ATI
GPIN 1496-76-7034
L.Qnllnental Teiephone Systom COFZ-TEL
EASEMENT
The undersigned, liereinafter call,d the C,,,t,r, b,ijig the owner of or flaving an iziterest in land sititat@ j. tlie ou h
of Princess Anne ciw,,, Vii-qiiiia Beacti
State of l@ated
as follows: al Dr.
iii coiisideration of $1.00 paid by the Graiitee, liereby grants aiid releases u t. CON'TEL Or VA . , INC
, hereiii called tlie Grantee, its successori wi@
ttie riglit, privilege aiid authori(y to cojisimct, recoiistrtict, extetid, opemte, itispect, iiiaintaiii aiid, at its pleasure,
reiiio@e its coiniiii,ilicati,)Il sysicin, colisistilig @)f sucli )P@,xmkmxorwxwHw coiiduits, niaiilioles, fixtures, niarker poles,
buried cal)les and oflier apptirteiiances as the Gratitee, its SLICCeSSOn, r a roni IiiTic to tiiiie re(juire
uiider, oii, over, iii, tlirotigli and across (he said latid aiid property aiid/or the highwtys abuttitig or ruiiiiiiig tlirougli %aid land
as follows-. 10' strid as sliowii on attaclied idlat
together with the right to triin, ctit, spray and remove trees aitd brush to tlie extent necessary to clear said wires, cables,
buried cables aiid pole lines by al least 4 feet.
After origiiial location lieretinder, ilie right of way may be reasotiably relocated froin time to time at tlie election of the
Grantee. Graii(ee shall liave flic riglit to sell, assigii, or lease portions of its coniniliiiication system (o o(fier I)arties and, ill
(hat event, such ollicr parlies sitall, Mtli tlic Gratitee, have the right, iii like inaiiiier aiid to like extent as above, to operate
their electrical power or oilier utilitysystem uiideron, through, over aiid across said property or highways;
Provided, liowever, that aiiy damage (otlier (liaii for triniming, sprayiiig, CLittillg or reinoviiig trees as provided above) to the
property of the Graiitor, caused by tlie Gratifee in cojistructing (@r repairing said cominutiication system, shall bc borne by
the Grantee.
Iii Witness Whereof, the Graiitor has hereunto set his hand and seal this-day of 19-.
In presence of: - L. S.
Address
L. S.
Address
(Subicribing IVitnesr lcknowledgment)
*tate of
(4nuntij of i
(Perional Acinowledgment)
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(N.t@ry 1'.bli@) MY COMMISSION EXI)IRES
GPIN 1496-76-7034
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- 14 -
Item V-F.2.
RESOLUTION/ORDINANCES ITEM # 32477
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 7-57 of the
Code of the City of Virginia Beach, Virginia, re
riding bicycles on sidewalks.
Voting: 10-0
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 and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 7-57 OF THE CODE OF THE CITY
3 OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO RIDING ON SIDEWALKS.
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 7-57 of the Code of the City of Virginia Beach,
8 Virginia, is hereby amended and reordained to read as follows:
9 Section 7-57. Riding on sidewalks.
10 (a) It shall be unlawful for any person to ride a moped
11 on any sidewalk or designated bicycle route within the city.
12 (b) It shall be unlawful for any person to ride a bicycle on
13 aiay s;Ldewaii, thQ Gity, G;;Gepl- ri-c]A;x;il-kg th.;i.t h;a.@.xc4 h@
14 dericjnated ar. b;LGYG!9 Al-l- ri-Clawalkr adja--an.t t:o or- ;xi-thin
15 r-c4gi-dQnt'i-al- ;ilr-a;a.a mr-n bar-eby des;Lgnated ar biGYGI-a r-ni.3t.c4g- anv
16 sidewalk of Atlantic Avenue from Rudee Inlet to 42nd Street during
17 the season from May 1 to October 1. Bicycle riding is otherwise
18 permitted on the sidewalks of the city, sublect to the Provisions
19 of this section and section 6-9 of this code.
20 (c) The prohibition regarding bicycles contained in this
21 section shall not apply to any person who is handicapped and who
22 has a city number plate or tag for the handicapped, issued
23 pursuant to article II of this chapter, attached to his bicycle.
24 (d) In locations where the riding of bicycles on sidewalks or
25 crosswalks is not prohibited:
26 (1) A person riding a bicycle upon and along a sidewalk, or
27 across a roadway upon and along a crosswalk, shall yield the
28 right-of-way to any pedestrian- @ shall give an audible
29 signal before overtaking and passing such pedestrian+- and
30 shall dismount and walk the bicycle when necessary to avoid
31 Physical contact with any Person; and
32 (2) A person riding a bicycle upon and along a sidewalk, or
33 across a roadway upon and along a crosswalk, shall have all
3 4 rights and duties of a pedestrian under the same
35 circumstances.
36 (e) A violation of this section shall constitute a traffic
37 infraction punishable by a fine of not less than five dollars
38 ($5.00) nor more than twenty-five dollars ($25.00).
39 Adopted by the Council of the City of Virginia Beach,
40 Virginia on 26 day of February 1990.
41 WEB/ccm
42 09/07/89
43 CA-03464
44 \ordin\proposed\07-057.pro
2
- 15 -
Ttem V-F.3.
RESOLUTION/ORDINANCES TTEM # 32478
Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council
ADOPTED:
Ordinances to authorize changes in compensation
effective January 1, 1990:
City Assessor
City Clerk
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and John D. Moss
Council Members Absent:
John L. Perry
I
AN ORDINANCE AUTHORIZING CHANGES
IN COMPENSATION OF THE
CITY CLERK EFFECTIVE JANUARY 1, 1990
WHEREAS, City Council has completed the performance
appraisal of the City Clerk and,
WHEREAS, the Council desires to make changes to the
City Clerk's Compensation to reflect her good job performance
during 1989 and,
WHEREAS, there are funds available in the 1989-90
budget for the additional funds required through June 30, 1990.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that there is hereby approved for the City
Clerk'an increase in annual salary totaling 4% effective January
1, 1990.
This ordinance shall be retroactive to January 1, 1990.
Adopted by the Council of the City of Virginia Beach,
Virginia on the - 26 day of February 1990.
AN ORDINANCE AUTHORIZING CHANGES
IN COMPENSATION OF THE
CITY ASSESSOR EFFECTIVE JANUARY 1, 1990
WHEREAS, City Council has completed the performance
appraisal of the City Assessor and,
WHEREAS, the Council desires to make changes to the
Assessor's Compensation to reflect his good job performance
during 1989 and,
WHEREAS, there are funds available in the 1989-90
budget for the additional funds required through June 30, 1990.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that there is hereby approved for the City
I
Assessor an increase in annual salary totaling 4% effective
January 1, 1990.
This ordinance shall be retroactive to January 1, 1990.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 26 day of February 1990.
- 16 -
Item V-G.
PUBLIC HEARING
PLANNING ITEM # 32479
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. PLANNING
(a) DOROTHY D. WELLER VARIANCE
(b) JAMES M. ARNHOLD CHANGE OF ZONING DISTRICT
CLASSIFICATION
(c) OCEAN BREEZE FESTIVAL PARK RECONSIDERATION OF CONDITIONS
NUMBERS 8, 9 and 10
CUP (APPROVED 6/23/86)
(d) TOM AND DENISE DUFFY CONDITIONAL USE PERMIT
(e) CENTRAL FIDELITY BANK STREET CLOSURE
(f) BAYFRONT ASSOCIATES, LTD. CONDITIONAL USE PERMIT
(g) BOO'FH HILL JOINT VENTURE VARIANCE
1 7
Item V-G.I.
PUBLIC HEARING
PLANNING ITEM # 32480
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
John Gravatt, Pembroke One, Phone; 499-8971, President of the Forest Cove Civic
League, spoke in favor of the application.
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
APPROVED the applications of DOROTHY D. WELLER for Variances to Section 4.4(b)
which requires all lots created by subdivision meet all requirements of the
City Zoning Ordinance; and Section 4.4(d) which requires all lots created by
subdivision shall have direct access to a public street.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Dorothy D. Weller.
Property is located on the west side of River Road,
1700 feet more or less southwest of North Great
Neck Road. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
The following condition shall be required:
1. The applicant shall work with the City Arborist to
preserve the existing mature trees on the site. A
site plan must be submitted and approved
identifying all trees included in the preservation
effort.
Voting: 10-0
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 and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 18 -
Item V-G.I.b.
PUBLIC HEARING
PLANNING ITEM # 32481
James M. Arnhold, the applicant, represented himself
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of JAMES M. ARNHOLD for a Change
of Zoning District Classification:
ORDINANCE UPON APPLICATION OF JAMES M. ARNHOLD FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 TO R-10 ZONING DISTRICT Z02901276
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of James M. Arnhold for
a Change of Zoning District Classification from
AG-2 Agricultural District to R-10 Residential
District at the northeast corner of Seaboard Road
and Huckleberry Trail. Said parcel is located at
232 Seaboard Road and contains 1.08 acres. More
detailed information is available in the Department
of Planning. PRINCESS ANNE BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
sixth of February, Nineteen Hundred and Ninety.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Robert E. Fentress and John L. Perry
- 19 -
Item V-G.I.c.
PUBLIC HEARING
PLANNING ITEM # 32482
The following spoke in SUPPORT of the application:
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and advised in 1989, AQUA SPORTS paid the City approximatley
$266,750 in taxes.
Michael F. Geraldi, Vice President/ Assistant Treasurer of Ocean Breeze
Festival Park, Inc., represented the applicant
R. L. "B.ddy" Riggs, 915 Goldsboro Avenue, Phone: 428-1220
Michael Wood, 909 Adanka lane (Birdneck Lakes Subdivision), Phone: 463-8800
Linwood Branch, 773 Arctic Avenue, President of the Virginia Beach Hotel and
Motel Association.
The following registered as NEUTRAL:
Jerry Harris, 700 Kennedy Avenue, Phone: 422-6451, represented residents. Ms.
Harris was concerned about the noise pollution but did not object to allowing
a small amphitheater to be built in the park as long as it conforms to the
restrictions suggested by the Planning Comission.
Upon motion by Councilwoman McClanan, seconded by Councilwoman Henley, City
Council APPROVED CONDITION NO. 9 as conditioned by RECONSIDERATION in the
Ordinance upon application of AQUA SPORTS, INC. for a Conditional Use Permit
(ADOPTED June 23, 1986):
ORDINANCE UPON APPLICATION OF AQUA SPORTS, INC. FOR
A CONDITIONAL USE PERMIT FOR RECREATTONAL
FACILITIES OF AN OUTDOOR NATURE R0686849
Ordinance upon application of Aqua Sports, Inc. for
a Conditional Use Permit for recreational
facilities of an outdoor nature on certain property
located on the east side of South Birdneck Road,
850 feet more or less south of Bells Road. Said
parcel contains 74.5 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH
Condition No. 9 shall be AMENDED as follows:
9.a. There shall be no public address system other than for background
music and emergency announcements;
b. No recreational use of Owls Creek associated with this park;
c. No rock concerts or loud musical performances will be permitted;
d. One 300-seat outdoor stage to be used for family entertainment and
limited to puppet shows, magic shows and variety shows of
approximately twenty (20) minutes each;
e. The facility shall face Birdneck Road or Motor World, away from
Owls Creek;
f. Hours of operation shall be restricted from 10:00 AM to 10:00 PM;
except from Memorial Day thru Labor Day and on holidays and
weekends, closing shall be at Midnight; and
g. Approval for this stage shall be for a period of two (2) years.
- 20 -
Item V-G.l.c.
PUBLIC HEARING
PLANNING ITEM # 32482 (Continued)
Condition Numbers 8 and 10 are further DEFERRED until heard by the Planning
Commission at a future date.
8. The hours of operation are restricted from 10 AM to 10 PM, except
from Memorial Day through Lay Day and on holidays and weekends,
closing shall be at Midnight.
10. All structures are to be limited in height to 35 feet or less.
Voting: 10-0
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 and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
Councilwoman Parker DISCLOSED although she was a member of a group of
homeowners who live in the Rudee Basin Area and a Member of the Marine Science
Museum, she was able to vote on the application fairly, objectively and in the
public interest.
- 21 -
Ttem V-G.I.d.
PUBLIC HEARING
PLANNING ITEM # 32483
Roger McElveen, Larasan Realty, 1212 Great Neck Road, Phone: 481-1919,
represented Charles Syers, the seller, and Tom and Denise Duffy, the buyers
to express concern relative the Category VT landscaping and the cost
entailed.
Norman Wolfgong, Manager of the proposed storage facility
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED an Ordinance upon application of TOM AND DENISE DUFFY for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TOM AND DENISE DUFFY
FOR A CONDITIONAL USE PERMIT FOR OUTSTDE STORAGE
R02901286
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGTNIA
Ordinance upon application of Tom and Denise Duffy
for a Conditional Use Permit for outside storage on
the west side of Freight Lane, 230 feet more or
less north of Southern Boulevard. Said parcel is
located at 121 Freight Lane and contains 2.01
acres. More detailed information is available in
the Department of Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Category VI landscape screening is required around
the entire storage area, except the necessary
openings for ingress and egress with the staff at
final site plan review giving whatever credit they
feel justified to bring the side already shrubbed
or landscaped up to Category VI. If that screening
is removed, the applicant shall replace same,
complying with Category VI, on his property.
2. Construction materials, trucks and heavy equipment
are to be stored only on the South side of the
building.
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 Twenty-
sixth of February, Nineteen Hundred and Ninety.
- 22 -
Item V-G.I.d.
PUBLIC HEARING
PLANNING ITEM # 32483 (Continued)
Voting: 6-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan and
William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
John L. Perry
23 -
Item V-G.I.e.
PUBLIC HEARING
PLANNING ITEM # 32484
Attorney Ned Caton, Law Offices Edward T. Caton, P.C., 2508 Pacific Avenue,
Phone: 428-4681, represented the applicant and requested INDEFINITE DEFERRAL
to allow time to negotiate with the objecting adjacent property owner.
Attorney Fine, represented the OPPOSITION, but was not OPPOSED to the
INDEFINITE DEFERRAL.
The City Clerk referenced Attorney Ned Caton's letter of February 26, 1990,
requested INDEFINITE DEFERRAL. Said letter is hereby made a part of the record.
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council DEFERRED INDEFINITELY petition of CENTRAL FIDELITY BANK for the
discontinuance, closure and abandonment of a portion of Cleveland Street:
Application of Central Fidelity Bank for the
discontinuance, closure and abandonment of a
portion of Cleveland Street beginning at the
western boundary of Independence Boulevard and
running in a westerly direction a distance of 225
feet. Said parcel is 50 feet in width. More
detailed information is available in the Department
of Planning. BAYSIDE BOROUGH.
Voting: 9-0
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
and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
William D. Sessoms, Jr.
Council Members Absent:
John L. Perry
Councilman Sessoms ABSTAINED as he in an employee of CENTRAL FIDELITY BANK.
- 24 -
Item V-G.I.f.
PUBLIC HEARING
PLANNING ITEM # 32485
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Captain Les K. Fenlon, 2224 Scallop Road, Phone: 481-2501, represented the
Great Neck Civic Association
Dr. Harvey K. Shiflet, Vice President - Bayfront Associates Ltd, a Virginia
Corporation and owner of Virginia Beach Resort Center.
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
ADOPTED:
ORDINANCE UPON APPLICATION OF BAYFRONT ASSOCIATES,
LTD., A VIRGINIA CORPORATION, FOR A CONDITIONAL USE
PERMIT FOR A HOME FOR THE AGED R02901287
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA
Ordinance upon application of Bayfront Associates,
Ltd., a Virginia Corporation, for a Conditional Use
Permit for a home for the aged on certain property
located on the north side of Shore Drive, 622.97
feet west of Beach Street. Said parcel contains
7.292 acres. More detailed information is available
in the Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Density shall be limited to sixty (60) units per
acre measured from the mean high water mark to the
property's Southern boundary on Shore Drive. For
the purpose of this conditional use permit, a
"unit" is defined as an independent living unit or
one (1) nursing bed.
2. One (1) parking space shall be provided per
independent living unit and one (1) parking space
for every four (4) nursing beds. Again, a unit is
defined as one (1) independent living unit or one
(1) nursing bed.
3. The site will be developed in full compliance with
the Chesapeake Bay Preservation Act adopted by the
General Assembly.
4. The primary coastal dune shall remain undisturbed.
5. A Best Management Practices facility approved by
the Department of Planning must be incorporated
into the final site design.
6. An automatic sprinkler and alarm system approved by
the Fire Department must be incorporated into the
building design.
7. Pedestrian access, as platted on the submitted site
plan, must be maintained.
8. Joint access via a cross-easment between the
subject site and the adjoining site to the East
(Virginia Beach Resort and Conference Center) rnust
be incorporated into the final site design.
- 25 -
Item V-G.I.f.
PUBLIC HEARING
PLANNING ITEM # 32485 (Continued)
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 Twenty-
sixth of February, Nineteen Hundred and Ninety.
Voting: 9-1
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
and William D. Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
John L. Perry
Councilman Moss DECLARED although Dr. Harvey Shiflet is his dentist he is able
to vote on the application fairly, objectively and in the public interest.
- 26 -
Item V-G.I.f.
PUBLIC HEARING
PLANNING ITEM # 32486
The City Clerk referenced the letter of January 11, 1990, from Senator Moody E.
Stallings, Jr., requesting DEFERRAL until the City Council Session of March
26, 1990. Senator Stallings is a member of the General Assembly and
unavailable until after March 10, 1990. Said letter is hereby made a part of
the record.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
DEFERRED until the City Council Session of March 26, 1990, the application of
BOOTH HILL JOINT VENTURE for a Variance to Section 4.4(b) of the Subdivision
Ordinance which requires all lots created by subdivision meet all requirements
of the City Zoning Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Booth Hill Joint
Venture. Property is located on the west side of
General Booth Boulevard, 450 feet more or less
north of Dam Neck Road. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
Voting: 10-0
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 and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 27 -
Item V-H. 1.
APPOINTMENTS ITEM # 32487
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
ADVERTISING ADVISORY REVIEW COMMITTEE
Thomas A. Barton Linda H. Scanlan
Macon F. Brock Edward B. Snyder
Thomas J. Lyons, Jr. David H. Stovall
Thomas B. Matthews Robert H. Vakos
Daniel N. Ryan, Sr.
COUNCIL LIAISON: Councilman Harold Heischober
Councilwoman Reba McClanan
STAFF EX OFFICIO: W. Andrew Burke, Economic Development
James B. Ricketts, Convention and
Visitor Development
Voting: 10-0
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 and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 28 -
Item V-H. 2.
APPOINTMENTS ITEM # 32488
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
LABOR DAY COMKUNITY COORDINATION COMMIFTEE
Emmerson Allen James H. Capps
Michael J. Barrett Reverend E. Ray Cox, Sr.
Linwood Branch Barry Dillard
Mary P. Butler Bill Dillon
Andrew S. Fine, Co-Chair Mason M. Moton
Alice Green John Perros
Burton Harrison Dr. Ronald Proctor
William W. Harrison, Jr. Mary Redd
Joseph Hawa Charles Reynolds
Edward D. Holley Reverend Jerome Ross
Sonya Hopson Sadye Shaw
Arthur Jarrett, Jr. Helen Shropshire
Cary Karageorge Herbert Taylor
Kal Kassir Robert Vakos
Bill Lawton Dr. Ulysses Van Spiva
Captain Michael N. Matton Colonel Howard Williams
Flo McDaniel Lamar Williams
George Minns Dr. Harrison B. Wilson, Co-Chair
This Committee shall automatically dissolve November 15, 1990.
Voting: 9-1
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
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
John L. Perry
- 29 -
Item V-J.I.
NEW BUSINESS
FY 1990/1991 REAL ESTATE ITEM # 32489
ASSESSMENTS
Jerald D. Banagan, Real Estate Assessor, advised on February 28, 1990, the
Assessors's Office will mail Notices of Appraisal for the Fiscal Year 1991
Real Estate Assessment to all property owners in the City of Virginia Beach.
The projected 1991 Assessment is $16,009,000,000 which will generate
$165,216,000 in revenue at the approved 1991 real estate tax rate of $1.032 per
$100 of asessed value. Each penny of the tax rate relates to $1,601,000 in
revenue. Extracting the increase in the tax rate this is approximately a 5%
increase in revenue. Appreciation and growth have both slowed since Fiscal Year
1986.
Mr. Banagan advised relative the increase in Assessments in the BLACKWATER
BOROUGH of 2.9% and the PUNGO BOROUGH of 6.7%, essentially acreage values were
not increased in BLACKWATER. Values in PUNGO were increased approximately
$500.00 per acre, under 20 acres. The other addition would be houses built
south of the GREEN LINE. There were seven houses built in BLACKWATER and
thirty-nine houses built in PUNGO.
New construction for the past 12 months amounted to $355,309,000 which is a
decrease from the previous year of $63,052,000 or 15%. Growth amounts to 2.4%
of the tax base.
The typical assessment increase for individual properties is approximately
2.8%, however, this figure varies greatly city-wide depending on the age, type,
quality, classification and location of the property. A range of 0% to 5% more
appropriately describes the diversity of assessment increases throughout the
City.
Residential, apartment and agricultural proeprties comprise 79.4% of the tax
base with commerical and industrial properties constituting 20.6% of the tax
base.
Copy of the Report relative FY 1990/1991 REAL ESTATE ASSESSMENTS is hereby made
a part of the record.
- 30 -
Item V-J.2.
NEW BUSINESS
ADD-ON ITEM # 32490
The following spoke in SUPPORT of the ORDINANCE:
Charles Lane, 308 Teal Crescent, Phone: 721-3658, represented the Back Bay
Citizens Alliance
Chuck Bowles, Blue Bill Drive, Phone: 721-7332, represented the Back Bay
Citizens Alliance
Tony Leger, Local Representative of the Back Bay National Wildlife Refuge,
sought to clarify the Fish and Wildlife Services position.
Letter from the Deputy Director of the United States Departremnt of the
Interior to Kenneth G. Lee of Heron, Burchette, Ruckert and Rothwell, as well
as the Land Protection Plan Back Bay National Wildlife Refuge is hereby made a
part of the record.
A MOTION was made by Councilwoman McClanan, seconded by Councilman Heischober
to ADOPT, AS AMENDED an Ordinance to authorize acquisition of property in fee
simple for right-of-way for Ferrell Parkway from El Camino Real Drive to
Sandbridge Beach by Negotiation with property owners.
A SUBSTITUTE MOTION was made by Councilwoman Henley, seconded by Councilman
Moss to DEFER until the City Council Meeting of March 12, 1990, an Ordinance to
authorize acquisition of property in fee simple for right-of-way for Ferrell
Parkway from El Camino Real Drive to Sandbridge Beach by Negoitation with
property owners.
Voting: 4-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Voting Nay:
Albert W. Balko," John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan and
William D. Sessoms, Jr.
Council Members Absent:
John L. Perry
*Councilman Balko changed his AYE Vote to a VERBAL NAY.
- 31 -
Item V-J.2.
NEW BUSINESS
ADD-ON ITEM # 32490 (Continued)
Upon motion by Councilwoman McClanan, seconded by Councilman Heishchober to
ADOPT, AS AMENDED:
Ordinance to authorize acquisition of property in
fee simple for right-of-way for Ferrell Parkway
from El Camino Real Drive to Sandbridge Beach by
Negoitation with property owners.
*On Line 28, the words: "showing the necessary right-of-way
under current environmental guidelines and mandates for.."
shall be inserted after the words proper survey (s)" and
before the words "Ferrell Parkway (dash marked)
Voting: 6-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan and
William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
John L. Perry
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 FERRELL PARKWAY FROM EL CAMINO REAL DRIVE TO
4 SANDBRIDGE BEACH BY NEGOTIATION WITH PROPERTY
5 OWNERS.
6
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of this important roadway to provide transportation
10 and for other public purposes for the preservation of the safety,
11 health, peace, good order, comfort, convenience, and for the
12 welfare of the people in the City of Virginia Beach;
13 WHEREAS, the United Sates Department of the Interior
14 Fish and Wildlife Service has recommended that the City of
15 Virginia Beach acquire the needed rights-of-way before the
16 Service purchases the lands over which Ferrell Parkway would
17 pass;
18 WHEREAS, in the Fish and Wildlife Service'S Land
19 Protection Plan, Back Bay National Wildlife Refuge, Virginia
20 Beach, Virginia dated February 1990 nearly all needed rights-of-
21 way to construct said road or parkway, including the City's
22 existing easement, are listed as priority One for acquisition by
23 the Department of Interior Fish and Wildlife Service;
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
25 CITY OF VIRGINIA BEACH, VIRGINIA:
26 Section 1. That the City Attorney is hereby authorized
27 and directed to negotiate with property owners to acquire by
28 purchase all that certain real property in fee simple, which is
29 to be shown by proper survey(s) showing the necessary right-of-
30 way under current enviornmental guidelines and mandates for
31 Ferrell Parkway (dash marked) from El Camino Real Drive to
32 Sandbridge Road and from Sandbridge Road to Sandbridge Beach.
33 Section 2. That the City Attorney is hereby authorized
34 to make or caused to be made on behalf of the City of Virginia
35 Beach, a reasonable offer to the owners or persons having an
36 interest in said lands.
37 Adopted by the Council of the City of Virginia Beach,
3 8 Virginia, on this 26 day of February 1990.
39
40
41
42
43
44
45 JAR/sbk
46 02/ 26/90
47 CA-3653
48 \ordin\noncode\FPSANDBR.ORD
2
- 32 -
Item V-J.3.
NEW BUSINESS
ADD-ON ITEM # 32491
The following spoke in SUPPORT of stricter regulations regarding tow truck
operations:
Michael Arthur Rorer, 3012 Beaver Drive, Phone: 431-8817. Mr. Rorer gave The
Mayor a proposed Amendment to the tow truck regulations.
Kristen Williams Rorer, 3012 Beaver Drive, Phone: 431-8817
E. George Minns, President - NAACP, 4936 Cleveland Street, Phone: 552-0402
BY CONSENSUS, the City Attorney shall review the proposed Ordinance submitted
by Michael Arthur Rorer to determine if appropriate to SCHEDULE for a future
agenda. The City Manager shall advise if more strict regulations for towing
vehicles in Virginia Beach could be established.
- 33 -
Item V-K.I.
ADJOURNMENT ITEM # 32492
Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the
Meeting at 10:20 P.M.
B ,@,ly . Ho.k@
Chief Deputy City Clerk
ulh Hdge@ S-ith, CMC
City Clerk
City of Virginia Beach
Virginia