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HomeMy WebLinkAboutDECEMBER 11, 1989 @it,@"f @ii-ggirai@l 13@@@" "WORLD'S LARGEST RESORT CITY" CrrY COUNCFL JOHN 'ERR@, SE@.MI, JR, CITY COUNCIL AGENDA 11RIiIII. -1@, @ll,@ @O@.ES $.ITH, C.Cl-E, Ci@ Cl@k DECB4BER 11, 1989 ITEM 1. CITY MANAGERIS BRIEFING - Conference Room - 11:00 AM A. FIVE-YEAR FINANCIAL FORECAST E. Dean Block, Assistant City Manager, Analysis and Evaluation ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 11:45 AM A. CITY COLNCIL CONCERNS ITEM 111. L U N C H - Conference RDom - 12: NOON ITEM IV. IWOR\IAL SESSION - Conference Room - 12:15 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO E)(ECUTIVE SESSION ITEM V. FOWAL SESSION - Council Charnber - 2:00 PM A. INVOCATION: Reverend James N. Earley, 11 Tabernacle United Wthodist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECLrriVE SESSION E. MINUTES 1. PUBLIC HEARING: SCHOOL BOARD APPOINTMENTS - November 30, 1989 2. INFOR4AL & FOF4AAL SESSIONG - December 4, 1989 F. PUBLIC HEARING: 1. PLANNING a. Petitions for discontinuance, closure and abandonment: 1. VINTAGE INVESTMENT CCRPORATION (VIRGINIA BEACH BOROUGH): A portion of Cypress Road beginning at the Southern boundary of 21st Street and runn ing Southeasterl y a distance of 287.06 feet, containing 8371.84 square feet. Recommendation: APPROVAL 2. THE RUNNYMEDE CCRPOPATION (LYNN@VEN BCROUGH): A portion of Ftace Street beg Inn ing at the Northern boundary of South Boulevard and running Northerly a distance of 940 feet more or less; N@D, A portion of Fourth Street beginning at the Ea stern boundary of Poplar Street and running Easterly a distance of 420 feet. Total: 1.86 acres Recommendation: APPROVAL By consensus, December 4, 1989, City Council will defer these petitions to Decernber 18, 1989. b. Appl ication of EDWIN and FRANCIS NELSON for a Conditional Use PerTnit for a duplex on the South side of Indian River Road, 2800 feet East of Princess Anne Road (1825 Indian River Road), containing 1.9 acres (PUNGO BOROUGH). Deferred August 28, 1989. Recommendation: DENIAL c. Appl ication of VIRGINIA BEACH ECLMENICAL HOUSING, INC. for a Conditional Use PerTnit for an emer_qency shelter for families on Lot 49, Block 14, r@g on a V 1 1 FaTe (4774 North Witchduck Road), containing 10,571 square feet (BAYSIDE BCROUGH). Recomendation: APPROVAL d. Appl ication of THE VINEYARD CHRISTIAN FELLOWSHIP OF VIRGINIA BEACH for a Conditlonal Use PerTnit for a church on Parcel S-3, Birchwood Gardens (329 Birchwood Park Drive), contalning 2.646 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL e. Application of TIDEWATER PARTNERS, LTD. PARTNERSHIP for a Conditional Use Permit for an eatlng and drinking establishment on Parcel A-2A-1 of Sul>division of Parcel A-2A Reflections - The Corporate Park (200 Golden Oak Court), containing 5.1910 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL f .Appl ication of SUSAN L. AARON for a Conditional Use PerTnit for a home occupation (maternity wear rental service) on the West side of Sandbridge Road, 2620.95 feet North of Flanagans Lane (1613 Sandbridge Road), containing 3.0690 acres (PRINCESS ANNE BCROUGH). Recommendation: APPROVAL g. Appl ication of WILLIAM K. AND BETTY L. WIDGEON for a Conditional Use PerTnit for a on the North side of Holland Road, West of Princess Anne Road (2728 Holland Road), containing 3.149 acres (PRINCESS ANNE BCROUGH). Recommendation: WITHDRAWAL h. Appl ication of DALLAS NORMAN of WITCHDLICK LAKE ENTERPRISES for a Conditional Zoning Classification fran R-7.5 Residential District to A-12 Apartment Distric-r on cer-rain property located at the Western tertninus of WiTc-hduck Cc>urt, containing 15.6 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL 1. Appl ications of VIRGINIA METRONET, INC. re property located 595.38 feet South of Mil I Dam Road, beginnlng at a point 800 feet more or less East of @rth Great Neck Road, containing 21,780 square feet (LYNNHAVEN BOROUGH): Conditional Use Permit for a communication tower Deferred Indefinitely October 30, 1989; AND, Variance to Section 4.4(d) of the Subdivision Ordinance which requires al I lots created by subdivision to have direct access to a public street. Recommendation: DENIAL J. Appl ication of W. B. MEREDITH, 11 for a Variance to Section 4.1(a) of the Subdivision Ordinance which requires that street arrangement, character, extent, width, grade and location conform to the Cornprehensive Plan, located on the North side of Laskln Road, 50 feet East of Victor Road (LYNNHAVEN BOROUGH). Recommendation: DENIAL G. CONSENT AGENDA Al I matters I isted under the Consent Agenda are considered In the ordinary course of business by City Council and wil I be enacted by one motion in the torm listed. If an item is removed frorn the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance, upon SECOND READING, to APPROPRIATE $9,526,922 for Fiscal Year 1990 for the payment of purchase orders brought forward frorn Fiscal Year 1989. 2. Ordinances, upon SECOND READING, to the Deparinent of Mental Health/Wntal Retardation and Substance Abuse: a. To APPROPRIATE $45,000 for purchase of treatment services for a Prader-Wilit Syndrane Client. b. To APPROPRIATE $30,050 for consulting clinical services to the Child Day Treatment Program. c. To APPROPRIATE $10,000 for planning under Public Law 99-457. H. APPOINTMENTS BOARD OF BUILDING CODE APPEALS (New Construction Division) COMMUNITY SERVFCES BOARD PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION RESORT AREA ADVISORY COMMISSION SCHOOL BOARD VtRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VOLUNTEER COUNCIL 1. LINFINISHED BUSINESS 1. 1990 Legislative Package and Regional Issues. 2. Resolution to authorize the City Attorney to appeal the downzoning case of T C M Associates and Will fain Teachey vs. City of Virginta Beach. J. NEW BUSINESS 1. Resolution opposing the installation and/or operation of a Wastewater Treatment Facility to serve Surfslde at Sandbridge- K. ADJOURNMENT CITY COLt4CIL SESSIONS RESCHEDULED DECEMBER 25, 1989 2:00 PM CANCELLED IICFRISTMAS DAY" HOLIDAY JANUARY 1, 1990 2:00 PM CANCELLED "NEW YEAR'S DAY" HOLIDAY (Rescheduled to January 29, 1990 2:00 PM) JANUARY 15, 1990 2:00 PM CANCELLED "LEE-JACKSON-KING DAY'T HOLIDAY (Rescheduled to January 29, 1990 2:00 PM) 12/7/89 lbs M I N U T E S VIRGINIA BEACH CITY COUNCIL Virglnla Beach, Virginia December 11, 1989 The FIVE-YEAR FINANCIAL FORECAST BRIEFING for the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the in the Council Chambers, City Hall Building, on Monday, December 11, 1989, at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Vice @layor Robert E. Fentress (ABSENT DUE TO ILLNESS) Harold Heischober (ABSENT DUE TO ILLNESS) John D. Moss (ENTERED: 11:05 A.M.) - 2 - C IT Y MANA GE R ' S B R I E F IN G F I V E - Y E A R F I N A N C I A L F 0 R E C A S T I 1: 00 A. M. ITEM # 32136 E. Dean Block, Assistant City Manager for Analysis and Evaluation, advised the Five-Year Financial Forecast is entitled: FY 1991 - FY 1995 TIME OF CHALLENGE, ERA OF LIMITS. Information relative this was distributed to Members of City Council and is hereby made a part of the record. Graphics depicting the Commi,nity Profile were reflected on Pages 6 through ten. The January 1, 1990, estimate of population is 399,920. January 1, 1995, projection is 445,320 (based on 3,200 units/year). If housing units increase by 2,500 per year, the January 1, 1995, projection is 435,545. Current number of housing units is estimated at 139,865. At a projected increase of 3,200 units/year, total units would reach 155,864 by 1995. City housing stock is maturing with implications for housing demand, supply, values and cycles of use and replacement. It is expected by 1995, approximatley 40% of the housing stock may be over 20 years of age. Trend reflects generally that Virginia Beach rate of growth in per capita income has been somewhat slower than the region and state as a whole. This may reflect a complex set of factors involving population growth, population and employment mix, et cetera. No projections have been made. 1987 is the last year for which data are available at this time. The chart on Page 10 compares per capita income in Virginia Beach to per capita income in Hampton Roads and to Virginia on a whole. Virginia Beach continues to have higher per capita income than the region, but has fallen below the state-wide figure. Mr. Block advised the Staff's understanding of the Current Policy Framework: Maintain very good service levels in general government/meet mandates/increase services where possible. Significantly increase Capital Program/backlog reduction in priority areas Dedicated tax increases Maintain strong reserves against emergencies Retain relative position of lower real property tax rates in region Fully fund School requests/meet mandates Hold the green line/develop growth management plan Fairly compensate city/school employees/maintain competitiveness as an employer Pursue economic development Tmprove aesthetics and environmental management Protect and enhance neighborhoods Respond to other needs as they arise, as feasible and appropriate in Council's judgement. Current Fiscal Conditions Meeting policy framework Strong protective reserves Strong bond rating Significant educational improvements/reforms have been fiscally supported Numerous service improvements Tax Rate Comparison FY 86/87 FY 89/90 Virginia Beach .80 .977 Chesapeake 1.02 1.23 Portsmouth 1.30 1.32 Norfolk 1.25 1.35 Suffolk (City) 1.10 1.30 - 3 - C IT Y MANA GE R ' S B R I E F IN G F IV E - YEAR F IN AN C I A L F ORE CA ST ITEM # 32136 (Continued) Page 13 and 14 give an overall prospective of where the City is in relation to Demand for Services and the General trend in the Resources available to respond to those services. The Demand for Services has been indexed before; however, the Staff has attempted to examine indicators of service demand i.e., police calls, fire calls, circulation in libraries, et cetera and index those so demand can be examined without considering population growth. This becomes independent of population growth. The chart reflects the Demand for Services has increased more rapidly than population. If same is projected, the Demand for Services relative population is likely to continue to grow. Mr. Block advised in 1985 there was a large increase in library circulation as well as demand for health services and this caused a differential in the trend. The Resource Input Average Tndex is newly developed. It is intended to depict what overall resources were available to City departments to address needs and to compare those to population growth. It is developed from (1) per capita funding available (2) per capita employees available and (3) per capita building square footage available. It is subject to further development, refinement and change. However, to the extent that resource inputs trail service demand over the long run, then better efficiency must occur to avoid service degradation. There are three major components of the City's Budget: City Operations, the School System and the Expenditures for Debt Service and in support of the Capital Improvement Program. The Chart on Page 15 depicts the history of funding for City's general goverrunent operations. The chart reflects per capita funding, both in annual amounts and adjusted for inflation. In constant doliars, funding grew somewhat through FY 86 and has remained essentially level since then. As per request of Councilman Moss, the Chart on Page 9, "Income Per Capita", shall also be reflected in constant dollars. The chart on Page 16 "Constant Per Capita Appropriations for Selected Services", provides some examples of changes in per capita appropriations for services, in inflation- adjusted dollars. Per capita appropriations often illustrate the impact of priorition, operational changes and the CIP. In 1985, the City was expending approximately $20.00 per person for police patrol. Now the City is expending approximately $28.00 per person for police patrol. Waste Collection barely changes as choices were made during that period of time to move toward the automated collection system. The cost will rise when the City evolves into Recycling which involves an enormous cost to local government as it is labor intensive and the markets are not predictable and not always there. The City has gone from a 40,000 square foot library system to approximately a 140,000 square foot system. The City Manager will provide statistics relative response times of fire and police and allocations for resources. The Chart on page 17 illustrates per pupil school budgets for the past decade. The pattern of growth reflects fairly consistent increases in per pupil funding, adjusted for inflation. Thus real per pupil funding has increased more than 67% in the decade. Page 18 reflects "General Fund Debt Service Per Capita". This chart shows the history of the amount of debt service funded per person each year. The graph on Page 19 shows the total debt burden per person for the past decade and projections for the next five (5) years based on the approved CAPITAL IMPROVEMENT PROGRAM. This chart excludes debt which does not count against the City's constitutional limits; therefore, revenue bonds, lease-purchase and certificates of participation are excluded. The graph on page 20, "General Fund Expenditures by Category", tracks the trend in the percentage share of the General Fund allocated to each major category of expenditure shown. The trend reflects a gradual but fairly consistent shift from City operation (from approximately 60% of the General Fund in FY 80 to 51.5% in FY 90) to Schools and Debt Service/CTP. Page 21, "Historical Appropriations Growth Rates" illustrates historic percentage changes in annual appropriations growth in the General Fund. These figures include appropriations for general City operations, local share of school operations and debt service/CIP. They include appropriation of dedicated tax resources and any fund balance used for operations. Page 22, "General Fund Appropriation Projects", depicts three estimates of potential appropriation growth. The year-to-year percentage change is shown. Estimate I incorporates the current CTP and recognizes historic real pupil growth rates in school operation costs. Estimate 2 shows appropriation growth rates allowing only for population and inflation changes. Estimate 3 is based on an extrapolation of the FY 1989/90 Budget. - 4 - C I T Y M A N A G E R ' S B R I E F I N G F I V E - Y E A R F I N A N C I A L F 0 R E C A S T ITEM # 32136 (Continued) Councilman Balko requested copies of the FORECAST be forwarded to the City's representatives in the General Assembly. Councilman Moss requested statistics relative the minimum net revenue required to service the Staff projections. Page 23, "General Fund Revenues by Source", illustrates the trend in major sources of General Fund revenues over the decade. The data reveal that the City is increasingly dependent on its own resources. Further, the property tax, as a result of dedicated increases, represents a greater proportion of revenues than in the past. Revenue structure and growth are both important. The City's revenue structure was heavily dependent on residential growth. Page 24, "Revenues Supporting the School Budget", illustrates (1) the decline in federal funding (2) the decline in the appropriations of the school budget covered by the State in recent years and (3) the increase in local share. Page 25, "Real Estate Assessments", indicates the extensive long-term growth in the Tax Base over the past decade. Most of the growth was residential. The Tax Base now exceeds $15-BILLION; therefore, it requires very large dollar volumes of investment to generate a higher growth rate. Tt involves approximately $150-MILLION of new construction to move the index to one percentage point. Mr. Block advised in the last analysis residential growth does not pay for itself. The nature of the housing stock as the city matures changes. Page 26, "Percentage Growth in Real Estate Assessed Values", illustrates the percentage change in the tax base as a result of annual reassessments and new construction. Page 27, "General Fund Revenues Per Capita", tracks the trend in General Fund Revenues received per person in both actual and inflation adjusted dollars. This chart reflects the various tax increases and decreases which have occurred over the decade. General Fund Revenues are used to fund not only City departments and debt service/CIP, but also for the local share of school costs, grants and other non-city department appropriations. Page 28, "General Fund Revenue Growth Rates", reflects the growth rate (%) in general fund revenues over the decade and projected over the planning period. The chart factors out real estate tax increases and any fund balance used in order to show current base growth. Page 29, "Revenue Projections", shows three potential scenarios of General Fund revenue growth rates over the next several years. Revenue growth rates do not include the FY 90/91 dedicated tax rate increase already approved nor any further CIP related tax increases. Instead, it is intended to show possible/likely growth rates without tax increases. All scenarios being at 5.5%. Scenario I is the most optimistic. Scenario 2 is the moderate one reflecting some continuing decline over the next couple of years in the rate of growth in revenues available to the General Fund. FINDINGS AND ISSUES Present financial condition: Level of services is very good. Major policy decisions of 1985/1986 have addressed most infrastructure, if continued in a consistent manner. Trends in revenue and service demand growth are divergent and not good. No reasonable revenue scenario returns us to double-digit growth in the forecast period. This is not a function of local government policy but of external forces. - 5 - C IT Y MANA GE R ' S B R I E F IN G F I V E - Y E A R F I N A N C I A L F 0 R E C A S T ITEM # 32136 (Continued) Under present trends, schools and capital investment will continue to dominate budget decisions. Revenue structure tends to be dependent on "growth" (i.e., residential development, vs income or consumption, for example - utility tax.) Over the planning period, it is likely that revenue growth will fall short of sustaining the policy framework. The policy framework of apparent critical priorities is unlikely to be sustainable over the planning period within the existing revenue structure. More flexible and equitable revenue sources are needed and the state must address its fair share of school, indigent health and other programs. Dedicated CTP-related property tax resources have been and are expected to be adequate for supporting related costs, except in the low growth scenario. The greatest uncertainties lie in the area of school operation needs and funding. Not enough is known of customer attitudes toward service or characteristics of need. Need for investrnent in Economic Development. Need for intergovernmental action to protect area defense assets. Mr. Block advised he predicts the critical years will be FY 1991-92/1992-93. ISSUES Greater social issue demand/problerns Continued schools improvernent Growth-management financing Greater regulation Outstanding capital matters (e.g. Beach Protection, Mass Transit, VMSM) State Funding. RECOMMENDATIONS/GOALS FY 1990-1991 Hold the line on property taxes, with the cooperation of all agencies and the School Board. Pursue user fee charges where cost justified. Avoid new commitments unless offset by other reductions and adjustments Begin rnission-oriented focus, including potential resource shifting. Seek to develop long-term productivity improvement strategy. Continue emphasis on CIP and meet CIP operations commitments. Continue to avoid City pick-up of State responsibilities. Seek additional funding sources from State (e.g. Court Fees) Attempt to hold service levels and reduce services equitably, if necessary. Attempt to insure that maintenance and replacement investments are adequate. Develop customer feedback mechanisrns - Focus groups, other research approaches. Retain bond protective reserves within target range. Maintain reserve use policies. - 6 - C IT Y MANA GE R ' S B R I E F IN G F I V E - Y E A R F I N A N C I A L F 0 R E C A S T ITEM # 32136 (Continued) FY 1991-1992 - 1994-1995 Implement productivity improvement programs. Continue to improve mission statement implementation. Develop ways and means of financing growth - management planning decisions as needed. Monitor real estate tax rates in region. Recognize need for quality services. Develop studies and propose new user-based fees and charges. Continue customer-based feedback and utilize to improve service quality and focus. Manage non-dedicated debt service growth rate within 4-6% range. Retain bond protective reserves within target range. Maintain reserve use policies. Challenge the General Assembly to finance its Mandates and Responsibilities Carefully examine school requests in light of balanced allocations of funds - continue to build cooperative interaction. Reexamine and update five-year forecasts annually - continue presentation if desired. Mr. Block expressed appreciation to Walter Kraemer, Director of Budget and Evaluation, and Catheryn Whitesell, Budget Analyst, instrumental in the preparation of this report. - 7 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 32137 Councilwoman Henley referenced the Land Use Seminar "INNOVATIVE GROWTH MANAGEMENT TECHNiQuEs" held December 7 and 8, 1989 at the Cavalier Hotel. Councilwoman Henley believed these Seminars did coincide with the FIVE-YEAR FINANCIAL FORECAST and hoped this Seminar dispelled the myths relative Growth Management particularly same being a synonym for TRANSFER OF DEVELOPMENT RIGHTS. TDR'S is just one component of the Growth Management Plan. The relationship with Economic Development was most profoundly emphasized by the speakers. The Montgomery County, Maryland, model was very similar to the aforementioned Forecast presentation and perhaps something which the City could move toward. Councilwoman Henley requested a composite video be made of the speakers at the Land Use Seminar. Councilman Baum believed the California experience was irrelevant The speakers' comments were most impressive. Councilwoman Parker suggested this message be relayed to the City's representatives in the General Assembly who were unable to attend the Seminar. ITEM # 32138 Councilman Moss referenced the issue relative the HOMESTEAD BORROW PIT and would address same under NEW BUSINESS in the FORMAL SESSION. ITEM # 32139 Councilman Perry referenced Centerville Turnpike. Mayor Oberndorf advised there was an adjustment made to the newly relocated Centerville Turnpike to accommodate the concerns of the residents of the Lake James. Centerville Turnpike is included in the current CIP. - 8 - ITEM # 32140 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, December 11, 1989, at 12:50 P.M. Council Members Present: Albert W. Balko, John A. Baum, 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: Vice Mayor Robert E. Fentress and Harold Heischober - 9 - ITEM # 32141 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 Sectio. 2.1- 344(A)(1). (1) Performance Evaluations: City Clerk, City Assessor (2) Appointments: Boards and Commissions - Terms Expire 12/31/89 - Board of Building Code Appeals (New Construction Division), Community Services Board, Pendleton ProjeCt Management Board, Planning Commission, Resort Area Advisory Commission, School Board, Virginia Beach Com"u,ity Development Corporation and the Volunteer Council. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of the plans for the future of an institution which could affect the value of property owned or desir,ble for ownership by such institution pursuant to Section 2.1-344(A) (3). (1) Right-of-way acquisition - Hilltop Loop - Item J, Planning Agenda. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, ConSultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or probable litigation or other specific legal matters are the following: (1) Dwight W. Cowell v. City of Virginia Beach (2) TCM Associates and William Teachey v. City of Virginia Beach. Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Barbara M. fienley, 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: Vice Mayor Robert E. Fentress and Harold Heischober - 10 - VIRGINIA BEACH CITY COUNCIL December 11, 1989 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL i. the Council Chambers, City Hall Building, on Monday, December 11, 1989, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Wiliiam D. Sessoms, Jr. Council Members Absent: Vice Mayor Robert E. Fentress (ABSENT DUE TO TLLNESS) Ilarold Heischober (ABSENT DUE TO TLLNESS) INVOCATION: Reverend James N. Earley, II Tabernacle United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Item V-D. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 32142 Upon motion by Councilman Moss, seconded by Councilman Sessoms, 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: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, 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: Vice Mayor Robert E. Fentress and Harold Heischober CLPRTIFICATION 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 Moss, seconded by Councilwoman Parker, 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) Personnel Evaluations: City Clerk, City Assessor, (2) Appointments: Boards and Commissions - Terms Expire 12/31/89 - Board of Building Code Appeals (New Construction Division), Community Services Board, Pendleton Project Management Board, Planning Commission, Resort Area Advisory Commission, School Board, Virginia Beach Community Development Corporation and the Volunteer Council. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of the plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). (1) Right-of-way acquisiton - Hilltop Loop - Item J. Planning Agenda. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or probable litigation or other specific legal matters are the following: (1) Dwight W. Cowell v. City of Virginia Beach (2) TCM Associates and Teachey v. City of Virginia Beach. VOTE: 9-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Barbara M. fienley, None Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Sr. Council Members ABSTAINING: Council Members ABSENT for the Vote: None Vice Mayor Robert E. Fentress and Harold Ileischober Council Members ABSENT for the Meeting: Vice Mayor Robert E. Fentress and Harold Heischober ith, CMC/AAE - 12 - Item V-E. 1. MINUTES ITEM # 32143 Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City Council APPROVED the Minutes of the PUBLIC HEARING SCHOOL BOARD APPOIN of November 30, 1989. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Barbara M. He,,Iey, Reba S. McClanan Mayor Meyera E. Oberndorf, Nancy K. Parker*, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: John D. Moss* COUncil Members Absent: Vice Mayor Robert E. Fentress and Harold Heischober "Councilman Moss VERBALLY ABSTAINED as he was ABSENT fro. the PUBLIC HEARING of November 30, 1989. *Verbal Aye - 13 - Item V-E.2. MINUTES ITEM # 32144 Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of December 4, 1989. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, 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: Vice Mayor Robert E. Fentress and Harold Heischober - 14 - Item V-F. 1. PUBLIC HEARING PLANNING ITEM # 32145 Mayor Meyera E. Oberndorf DECLARED a PUBLIC REARING on: PLANNING (a) 1. VINTAGE INVESTMENT CORPORATION STREET CLOSLJRE 2. THE RUNNYMEDE CORPORATION STREET CLOSURE (b) EDWIN AND FRANCIS NELSON CONDITIONAL USE PERMIT (c) VIRGINIA BEACH ECUMENICAL HOUSING, TNC. CONDITIONAL USE PERMIT (d) THE VINEYARD CHRISTIAN FELLOWSHIP OF VIRGINIA CONDITIONAL USE PERMIT (e) TIDEWATER PARTNERS, LTD. PARTNERSHIP CONDITIONAL USE PERMIT (f) SUSAN L. AARON CONDITIONAL USE PERMIT (g) WILLIAM K. AND BETTY L. WIDGEON CONDITIONAL USE PERMIT (h) DALLAS NORMAN of WITCHDUCK LAKE CONDITIONAL ZONING ENTERPRISES CLASSIFICATION (i) VIRGINIA METRONET, INC. CONDITIONAL USE PERMIT VARIANCE (j) W. B. MEREDTTH, II VARIANCE Item V-F.I.a(l)/(2) PUBLIC HEARING PLANNING ITEM # 32146 The City Clerk referenced letters of November 28, and November 30, 1989, from Michael J. Barrett and Attorney Peter McBride requesting DEFERRAL of the Street Closures of Vintage Investment Corporation and the Runnymede Corporation until the City Council Meeting of December 18, 1989. Mr. Barrett is SCHEDULED for active duty with the United States Naval Reserve. Said letters are hereby made a part of the record. Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council DEFERRED until the City Council Meeting of December 18, 1989, Petitions for the discontinuance, closure and abandonment: VINTAGE INVESTMENT CORPORATION (VIRGINIA BEACH BOROUGH for a portion of Cypress Road; and, THE RUNNYMEDE CORPORATION (LYNNHAVEN BOROUGH) for a portion of Race Street and Fourth Street. Application of Vintage Investment Corporation for the discontinuance, closure and abandonment of a portion of Cypress Road beginning at the southern boundary of 21st Street and running southeasterly a distance of 287.06 feet. Said parcel contains 8371.84 square feet. VIRGINIA BEACH BOROUGH Application of The Runnymede Corporation for the discontinuance, closure and abandonment of the following streets: Race Street: Beginning at the northern boundary of South Boulevard and running northerly a distance of 940 feet more or less. Fourth Street: Beginning at the eastern boundary of Poplar Street and running easterly a distance of 420 feet. Said parcels contain 1.86 acres. LYNNHAVEN BOROUGH. Voting: 9-0i@ Council Members Voting Aye: Albert W. Balko, John A. Baum, 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: Vice Mayor Robert E. Fentress and ffarold Heischober "Verbal Vote - 16 - Item V-F.I.b. PUBLIC HEARING PLANNING ITEM # 32147 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council DENIED an Ordinance upon application of EDWIN and FRANCIS NELSON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EDWIN AND FRANCES NELSON FOR A CONDITIONAL USE PERMIT FOR A DUPLEX Ordinance upon application of Edwin and Frances Nelson for a Conditional Use Permit for a duplex on the south side of Indian River Road, 2800 feet east of Princess Anne Road. Said parcel is located at 1825 Indian River Road and contains 1.9 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, 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: Vice Mayor Robert E. Fentress and Harold Heischober 1 7 Item V-F.I.c. PUBLIC HEARING PLANNING ITEM 32148 Ellen Ferber, Executive Director, Virgini, B,,ch Ecumenical Housing, Inc., 1008 Birnam Woods Drive, Phone: 523-0512. Statement of Ellen Ferber is hereby made a part of the record, as well as a petition in support of the application. Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH ECUMENICAL HOUSING, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH ECUMENICAL HOUSING, INC. FOR A CONDITIONAL USE PERMIT FOR AN EMERGENCY SHELTER R0121891265 BE IT HEREBY ORDAINED BY TFIE COUNCLL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Beach Ecumenical Housing, Inc. for a Conditional Use Permit for an emergency shelter for families on Lot 49, Block 14, Aragona Village. Said parcel is located at 4774 North Witchduck Road and contains 10,571 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. The use permit for a group home shall be granted for a period of three (3) years. 2. There shall be a maximum of four adults and their children, not to exceed twelve (12) persons at any one time. 3. There shall be a fenced play area measuring a minimum of 600 square feet provided outdoors for the children. 4. There shall be a maximum of four automobiles at any given time. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of Dec red and Ei hty-nine. - 18 - Item V-F.I.c. PUBLIC REARING PLANNING ITEM # 32148 (Continued) Voting: 9-0 COuncil Members Voting Aye: Albert W. Balko, John A. Baum, Barbara M. Henley, Roba 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: Vice Mayor Robert E. Fentress and Harold Heischober - 19 - Ite V-F.Id. PUBLIC HEARING PLANNINC !TEM # 32149 Reverend Mark Foreman, 3388 Heron's Gate, Phone: 497-4687, Pastor of The Vineyard Christian Fellowship of Virginia. Upon motion by Councilman Balko, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of T E VINEYARD CHRISTIAN F p VIRGINIA BEACH for a Conditional H ELLOWSHI OF Use Permit: ORDINANCE UPON APPLICATION OF THE VINEYARD CHRISTIAN FELLOWSHIP OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT R0121891266 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNTA Ordinance upon application of The Vineyard Christian Fellowship of Virignia Beach for a Conditional Use Permit for a church on Parcel S-3, Birchwood Gardens. Said parcel is located at 329 Birchwood Park D,ive and contains 2.646 acres. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Approval is for a period of two (2) years and may be renewed administratively following a satisfactory review by the Planning Department. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of December, Nineteen Hundred and Eighty-nine. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, 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 Niembers Voting Nay: None Council Members Absent: Vice @layor Robert E. Fentress and Harold Heisch,ber - 20 - Item V-F.I.e. PUBLIC HEARING PLANNING ITEM # 32150 David Timberlake, Reflections II, Suite 100, Phone: 463-3600, represented the applicant and advised there would be no alcoholic beverages served. Upon motion by Councilman Balko, seconded by Councilwoman Parker, City Council ADOPTED an Ordinance upon application of TIDEWATER PARTNERS, LTD. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWATER PARTNERS, LTD. FOR A CONDITIONAL USE PERMIT FOR AN EATING AND DRINKING ESTABLISHMENT R0121891267 BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Tidewater Partners, Ltd. Partnership for a Conditional Use Permit for an eating and drinking establishment on Parcel A- 2A-1 of Subdivision of Parcel A-2A Reflections - The Corporate Park. The parcel is located at 200 Golden Oak Court and contains 5.1910 acres. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of December, Nineteen Hundred and Eighty@nine. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Barbara M. Henley, Reba S. McClanan, John D. @loss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Vice Mayor Robert E. Fentress and Harold Heischober - 21 - Item V-F.I.f. PUBLIC REARING PLANNING ITEM # 32151 Susan L. Aaron, 1613 Sandbridge Road, Phone: 721-3423, the applicant, represented herself Upon motion by Councilwoman McClanan, seconded by Councilwoman Henley, City Council ADOPTED an Ordinance upon application of SUSAN L. AARON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SUSAN L. AARON FOR A CONDITTONAL USE PERMTT FOR A HOME OCCUPATION (MATERNITY WEAR RENTAL SERVICE) R0121891268 BE TT HEREBY ORDAINED BY THE COUNCIL OF 'EHE CITY OF VTRGINIA BEACII, VIRGINIA Ordinance upon application Susan L. Aaron for a Conditional Use Permit for a home occupation (maternity wear rental service) on the west side of Sandbridge Road, 2620.95 feet north of Flanagans Lane. The parcel is located at 1613 Sandbridge Road and contains 3.0690 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. There shall be no signs. 2. Only one customer is to be served at a time. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of December, Nineteen Hu Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Barbara M. Henley, Reba S. McClanan, John D. Moss, tmayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Vice Mayor Robert E. Fentress and Harold Heischober - 22 - Item V-F.I.g. PUBLIC REARING PLANNING ITEM # 32152 William K. Widgeon, 2728 Holland Road, Phone: 426-0684, represented himself Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City Council REFERRED to the Planning Commission for further consideration, the Ordinance upon application of WILLIAM K. AND BETTY L. WII)GEON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WILLIAM K. AND BETTY L. WIDGEON FOR A CONDITIONAL USE PERMIT FOR A PLANT NURSERY Ordinance upon application of William K. and Betty L. Widgeon for a Conditional Use Permit for a plant nursery on the north side of tiolland Road, west of Princess Anne Road. The parcel is located at 2728 Holland Road and contains 3.149 aces more detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. Mayor Oberndorf requested City Staff advise William K. Widgeon relative the condition concerning the 11-foot right-of-way reservation. Councilwoman McClanan requested the applicant provide a sketch of the proposal. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, 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: Vice Mayor Robert E. Fentress and Harold Heischober De - 23 - Item V-F.l.h. PUBLIC HEARING PLANNING ITEM # 32153 Attorney R. J. Nutter represented the applicant Dallas Norman, President of Witchduck Lake Enterprises, identified the other Corporate Officers: Donald Liverman, Jr. and Ken Norman. Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council DEFERRED INDEFINITELY an Ordinance upon application of DALLAS NORMAN of WITCRDUCK LAKE ENTERPRISES for a Conditional Zoning Classification: ORDINANCE UPON APPLICATION OF DALLAS NORMAN OF WITCHDUCK LAKE ENTERPRISES FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-7.5 TO A-12 Ordinance upon application of Witchduck Lake Enterprises for a Conditional Zoning Classification from R-7.5 Residential District to A-12 Apartment District on certain property located at the western terminus of Witchduck Court. The parcel contains 15.6 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The applicant owns the entire PAVAB Borrow Pit and the land surrounding the pit. The rezoning is being requested on only 3.0 acres of high land. Arthur Shaw, City Engineer, advised a few years ago a study indicated the PAVAB Borrow Pit was exceeding its capacity. The Study indicated the outfall from Newsome Farms could not go into the lake without acquiring an easement to or making some extensive outfall improvements from the Lake. Thus, the decision was made to run the Newsome Farms outfall to Lake Smith. A more recent study indicated the capacity of the PAVAB Borrow Pit was larger than previous studies anticipated. When the applicant returns to City Council, a site plan and/or rendering shall be provided. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, 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: Vice Mayor Robert E. Fentress and Harold Heischober Decem - 24 - Item V-F.I.i. PUBLIC HEARING PLANNING ITEM # 32154 Attorney Glenn W. Hampton, World Trade Center, Norfolk, Virginia, Phone: 627- 7677, represented the applicant Captain Les K. Fenlon, Jr., 2224 Scallop Road, Chairman of the Great Neck Association of Civic Leagues, spoke in OPPOSITION. Letter in opposition is hereby made a part of the record. Upon motion by Councilman Balko, seconded by Councilwoman Parker, City Council DENIED an Ordinance upon application of VIRGINIA METRONET, INC. for a Conditional Use Permit for a communication tower and a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision to have direct access to a public street. ORDINANCE UPON APPLICATION OF VIRGINIA METRONET, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER Ordinance upon application of Virginia Metronet, Inc. for a Conditional Use Permit for a communication tower on certain property on the south side of Mill Dam Road, 800 feet east of North Great Neck Road. The parcel contains 21,780 square feet. More detailed information is available in he Department of Planning. LYNNHAVEN BOROUGH A N D, Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Virginia Metronet, Inc. Property is located 595.38 feet south of Mill Dam Road beginning at a point 800 feet more or less east of North Great Neck Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Barbara M. Henley, Reba S. P'cClanan, 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: Vice Mayor Robert E. Fentress and Harold Heischober Dec - 25 - Item l. . a PUBLIC REARING PLANNING TTFM # 32155 W. B. Meredith, II, P.O. Box 10128, Phone: 844-8067, represented the applica.t Bruce W. Gallup, 315 First Colonial Road, Phone: 428-8132, Surveyor and Engineer for the applicant Upon motion by Councilman Balko, seconded by Councilman Baum, City Council DENIED the application of W. B. MEREDITH, II for a Variance to Section 4.1(a) of the Subdivision Ordinance which requires that street arrangement, character, extent, width, grade and location conform to the Comprehensive Plan. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for W. B. Meredith, II. Property is located on the north side of Laskin Road, 50 feet east of Victor Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, 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: Vice Mayor Robert E. Fentress and flarold Heischober - 26 - Item l. . b PUBLIC HEARING PLANNING ITEM # 32156 Upon motion by Councilman Balko, seconded by Councilman Baum, City Council ADOPTED: Ordinance to Authorize Acquisition of property in fee simple for right-of-way for the Hilltop Loop System from W. B. Meredith, II, either by Agreement or Condemnation. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, 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: Vice @layor Robert E. Fentress and Harold fieischober 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR 3 THE HILLTOP LOOP SYSTEM FROM W. B. MEREDITH 4 II EITHER BY AGREEMENT OR CONDEMNATION 5 6 WHEREAS, in the opinion of the Council of the City of 7 Virginia Beach, Virginia, a public necessity exists for the 8 construction of this important roadway to provide transportation 9 and for other public purposes for the preservation of the safety, 10 health, peace, good order, comfort, convenience, and for the 11 welfare of the people in the City of Virginia Beach: 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 Section 1. That the City Attorney is hereby authorized and 15 directed to acquire by purchase or condemnation pursuant to 16 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1- 17 89, et seq., Code of Virginia of 1950, as amended, all that 18 certain real property in fee simple, as shown as a 601 right of 19 way (slash marked) on the plat entitled "PRELIMINARY SUBDIVISION 20 OF PROPERTY OF W. B. MEREDITH II, DATED 22 JULY 1988 REV," this 21 plat being on file in the Planning Department, City of Virginia 22 Beach, Virginia. 23 Section 2. That the City Attorney is hereby authorized to 24 make or caused to be made on behalf of the City of Virginia 25 Beach, to the extent that funds are available, a reasonable offer 26 to the owner or person having an interest in said land, if 27 refused, the City Attorney is hereby authorized to institute 28 proceedings to condemn said property. 29 That an emergency is hereby declared to exist and this 30 ordinance shall be in force and effect from the date of its 31 adoption. 33 Adopted by the council of the city of Virginia Beach, 3 4 Virginia, on the day of December 19 89 35 - 36 37 38 39 40 41 42 43 44 45 JAR/ih 46 CA-3573 47 \ordin\noncode\hilltop.ord CONTENTS 7 LEC,AL EY - 27 - Item V-G. CONSENT AGENDA ITEM # 32157 Upon motion by Councilman Balko, seconded by Councilman Moss, City Council APPROVED in ONE MOTION items I and 2a/b/c of the CONSENT AGENDA. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, 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: Vice Mayor Robert E. Fentress and Harold Heischober - 28 - Item V-G. 1 CONSENT AGENDA ITEM # 32158 Upon motion by Councilman Balko, seconded by Councilman Moss, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $9,526,922 for Fiscal Year 1990 for the payment of purchase orders brought forward from Fiscal Year 1989. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Barbara M. fienley, 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: Vice Mayor Robert E. Fentress and Harold Heischober AN ORDINANCE TO APPROPRIATE $9,526,922 FOR FISCAL YEAR 1990 FOR THE PAYMENT OF PURCHASE ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1989 WHERFAS, during the course of business in fiscal year 1989, purchase orders or contracts were issued committing the city to purchase of materials, supplies, equipment or services for use by several departments, divisions or bureaus, and WHEREAS, these purchase orders or contracts were charged to appropriations previously authorized for the fiscal year ended June 30, 1989 so as to reduce the unencumbered balance of those appropriations, and WHEREAS, on June 30, 1989, there were purchase orders or contracts totalling $9,526,922 for which materials, supplies, equipment or services had not been delivered or invoiced. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the funds totalling $9,526,922 unexpended and represented by purchase orders outstanding on June 30, 1989 be reappropriated as additions to fiscal 1990 appropriations to the respective departments, division, or bureaus of the city so that upon delivery of the materials, supplies, equipment or services, there shall be sufficient funds to make payment. These funds shall be appropriated from the following respective fund balances: General $6,614,962 School Operating 1,991,020 Water & Sewer 264,284 Golf Course 20,427 City Garage 37,349 Telecommunications 249,636 Print Shop 6,904 Pendleton Child Service Center 1,187 Risk Management 8,773 Marine Science Museum 32,702 Community Corrections 61,091 MH/MR/SA 100,018 Resort Parking 193 Microcomputer 138,376 Total Outstanding $9,526,922 This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 11 day of December 1989. PUBLIC HEARING: December 4 1989 FIRST READING: December 4. 1989 ,PPROVED LEGAL SU.-,'I, SECOND READING: December 11, 1989 - 29 - Item V-G.2.a/b/c CONSENT AGENDA ITEM # 32159 Upon motion by Councilman Balko, seconded by Councilman Moss, City Council ADOPTED upon SECOND READING: Ordinances to the Department of Mental Health/Mental Retardation and Substance Abuse: To APPROPRIATE $45,000 for purchase of treatment services for a Prader-Willi Syndrome Client. To APPROPRIATE $30,050 for consulting clinical services to the Child Day Treatment Program. To APPROPRIATE $10,000 for planning under Public Law 99-457. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, 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: Vice @Mayor Robert E. Fentress and Harold Heischober 1 AN ORDINANCE TO APPROPRIATE $45,000 2 TO THE DEPARTMENT OF MENTAL HEALTH/RETARDATION 3 AND SUBSTANCE ABUSE FOR PURCHASE OF TREATMENT 4 SERVICES FOR A PRADER-WILLI SYNDROME CLIENT 5 WHEREAS, the City of Virginia Beach Department of Mental Health, Mental 6 Retardation and Substance Abuse, (the Department), is sometimes confronted with 7 clients whose treatment require resources which are beyond the capacity of the 8 Department to provide; 9 WHEREAS, the Department has been confronted with such a situation in the 10 case of a client with Prader-Willi Syndrome and the family no longer has the 11 ability to provide care on their own; 12 WHEREAS, the Department recognizes the substantial support already given 13 by the City Council and the number of competing priorites for local revenues; 14 WHEREAS, the Department bas extensively explored viable options for 15 treatment and identified a professional agency to address this case; 16 WHEREAS, the state Department of Mental Health, Mental Retardation and 17 Substance Abuse has provided a $45,000 allocation for FY 89-90, which requires 18 no local matching funds, to the Department to specifically address the treatment 19 needs of this case. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That funds in the amount of $45,000 be appropriated to the Mental 23 Health, Mental Retardation and Substance Abuse Fund for FY 89-90 for specialized 24 treatment services for this case and that revenue from the Commonwealth be 25 increased by $45,000: 26 This ordinance shall be in effect from the date of its adoption. 27 Adopted by the Council of the City of Virginia Beach, Virginia on the 28 11 day of December 1 1989. 29 First Reading December 4, 1989 APPPOVED AS T(i - LEGAL SUFFICIENCY 30 Second Reading December 11, 1989 1 AN ORDINANCE TO APPROPRIATE $30,050 2 TO THE DEPARTMENT OF MENTAL HEALTH/RETARDATION 3 AND SUBSTANCE ABUSE FOR CONSULTING CLINICAL SERVICES 4 TO THE CHILD DAY TREATMENT PROGRAM 5 WHEREAS, the City of Virginia Beach Department of Mental Health, Mental 6 Retardation and Substance Abuse (the Department) is sometimes confronted with 7 clients whose treatment require resources which are not currently within the 8 capacity of the Department to provide; 9 WHEREAS, the Department has been confronted with such a situation as the 10 result of increased referrals to the Child Day Treatment Program operated in the 11 Virginia Beach Public School System; 12 WHEREAS, the Department has applied for grant funds in the amount of 13 $30,050 through June 30, 1990 from the State Department of Children, Consortium 14 on Child Mental Health to serve these referrals in a more cost effective day 15 treatment program; 16 WHEREAS, the State Department of Children, Consortium on Child Mental 17 Health has approved an award for $30,050, which requires no local matching 18 funds, to increase provision of day treatment services through June 30, 1990, 19 through the Department to specifically address the treatment needs of seriously 20 emotionally disturbed youth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That funds in the amount of $30,050 be appropriated to the Mental 24 Health, Mental Retardation and Substance Abuse Fund for FY 89-90 for hiring a 25 consulting clinical staff person to increase the provision of child day 26 treatment services, and that revenue from the Commonwealth be increased by 27 $30,050. 28 This ordinance shall be in effect from the date of its adoption. 29 Adopted by the Council of the City of Virginia Beach, Virginia on the 30 11 day of December 1989. 31 First Readiniz December 4, 1989 32 Second Readin December 11, 1989 1 AN ORDINANCE TO APPROPRIATE $10,000 2 TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL 3 RETARDATION AND SUBSTANCE ABUSE FOR 4 PLANNING UNDER PUBLIC LAW 99-457 5 WHEREAS, Part H of Public Law 99-457, (the 1986 Amendment to the 6 Education of All Handicapped Children's Act), is to support the development of a 7 system to provide services to very young children with developmental needs, with 8 full services available by the fifth year of participation, 1991; 9 WHEREAS, Virginia has received funding to plan, develop and implement a 10 statewide, coordinated, comprehensive, multidisciplinary interagency system of 11 services for the birth through two-year age group and the State Department of 12 Mental Health, Mental Retardation and Substance Abuse has allocated $10,000 to 13 each of the forty Community Services Boards to conduct this planning process; 14 WHEREAS, City Council appropriated the first year planning allocation on 15 November 21, 1988, the allocation requires no local match and implementation of 16 the plan is contingent upon the availablity of additional resources provided 17 under Public Law 99-45 18 WHEREAS, the planning allocation will finanace additional professional 19 staff hours devoted to this planning process as well as necessary supportive 20 costs for report preparation. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That funds in the amount of $10,000 be appropriated to the Mental 24 Health, Mental Retardation and Substance Abuse Fund for FY 89-90 for continuing 25 the development of an implementation plan for Public Law 99-457 and that revenue 26 from the Commonwealth be increased by $10,000: 27 This ordinance shall be in effect from the date of its adoption. 28 Adopted by the Council of the City of Virginia Beach, Virginia on the 29 11 day of Dacember 1989. 30 First Reading December 4, 1989 APPPOVED ,,S TCi 31 Second Reading December 11, 1989 IIGAI IUIIICII@ACY - 30 - Item V-H. I APPOINTMENTS ITEM # 32159 BY CONSENSUS, City Council RESCHEDULED the following APPOINTH M S: BOARD OF BUILDING CODE APPEALS (New Construction Division) CO@ITY SERVICES BOARD PENDLETON PROJECT MANAGEMENT BOARD PLANNING COMMISSION RESORT AREA ADVISORY COMMISSION SCHOOL BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VOLUNTEER COUNCIL December - 31 - Item V-I. 1. UNFINISHED BUSINESS ITEM # 32160 Copies of the PROPOSED 1990 LEGISLATIVE PROPOSALS were distributed to City Council and are hereby made a part of te record. William J. Holloran, Jr., Executive Director, Hampton Roads Chamber of Commerce, 4512 Virginia Beach Boulevard, Phone: 490-1221. The Statement of Position of the Virginia Beach Council, Hampton Roads Chamber of Commerce is hereby made a part of the record. The Board of Directors of the Chamber voted on November 15, 1989, to endorse the City's position on real estate property tax issues, the funding of education, indigent helath care, regional and local jails, funding for the Virginia Marine Science Museum as well as the Pendleton Child Service Center, State aid to libraries, State reimbursement for Marine Patrol Activities, and in increase in court fees. The Chamber supports a regional financing authority. The Chamber was concerned with the the City's purchase of land for a four year state- supported university in determining the best use of the City's resources. Mayor Oberndorf emphasized the City needs to compete in the World Market, not just the Hampton Roads Market. Being able to add a 4-year prestigious University within the actual boundaries of the City would enhance the program for the students. Virginia Beach will merely be a City that is the largest in the Commonwealth in name only and not in the significance of being able to offer the educationai foundation sought for the City's children. Councilman Moss advised it is a documented fact in the year 2000 there is going to be a shortage of spaces versus students who wish to go to in-state four-year Universities. Councilwoman McClanan believed decisions would be made in the iramediate future by the General Assembly with regard to State funding of all types of higher education. The City has a tremendous school population. Councilman Balko stressed the necessity for a four-year state-supported university. Mayor Oberndorf referenced the Transporation Funding included in the Legislative Package. The Mayor, Council Members Balko and McClanan as well as City Manager Aubrey Watts have received a letter from the SOUTHEASTERN PLANNING DISTRICT COMMISSION requesting the position of the City regarding regional proposals for Financing Options for Highways as the method of subsidizing due to the lack of support by Federal and State Funding. Said position will be related to SVPDC at its meeting on December 20, 1989. The Mayor's and Manager's Meeting is December 15, 1989. Mayor Oberndorf advised on Channel 15, Wednesday, December 13, 1989, at 8:00 P.M., a panel composed of Bill Maher - Employee of the Future of Hampton Roads, John Keeling - President of Hampton Roads Chamber of Commerce, The Honorable Joe Leafe - Mayor of Norfolk, and Senator Hunter Andrews of Hampton will discuss regionalism. Councilman Moss believed Transportation is a State issue. A State-wide funding approach should be devised for State Highways. Councilman Moss concurred with Governor-Elect Wilder's opinion relative Pledge Bonds and State Financing with regards to funding State Highways. Governor-Elect Wilder was not predisposed to Regional Governing bodies dealing with transportation issues. The appropriate answer would be to examine the cost of infrastructure for the Interstate Highway System and levy the appropriate gas tax. Councilman Moss has not seen a toll facility that improved traffic flow. Councilman Sessoms believed other options relative funding of transportation need to be discussed. The congestion of the Hampton Roads Bridge Tunnel is a negative impact which will ultimately affect tourism. Councilman Sessoms does not wish to completely disregard the option of tolls. - 32 - Item V-1.1. UNFINISHED BUSINESS ITEM # 32160 (Continued) Councilman Balko hoped the Channel 15 Program of panel discussions relative regionalism mentioned by the Mayor could be taped, as he would be unable to view same. Councilman Balko advised the Interstate was being widened all the way from Williamsburg into Hampton and then ceases. A bridge going from Hampton to Suffolk will be completed in approximately a year and will have a positive impact on the Hampton Roads Bridge Tunnel. Councilman Balko reiterated the concerns of Councilman Sessoms. Councilman Balko advised in West Virginia, if one does not have a passing grade in school at the age of sixteen, one's driver's license is revoked. Councilman Balko requested the City Staff investigate same. Councilman Perry believed advertising promotion for the City gives the impression of Virginia Beach being the richest city on the East Coast. Councilwoman Henley referenced concerns relative State funding. Growth was not properly managed in the past. Councilwoman Henley needs to be advised of proper growth management in the future. Only pieces of the puzzle and not the whole picture seem to be examined. Councilwoman Henley believed a better overall view was necessary in order to determine the future. A Study Resolution might be the best option rather than a comtnitment. Councilman Baum advised the user fee relative gas taxes has not been kept current. During the Growth Management Seminars, the participants were advised if the gas tax concurred with inflation it would be 84cts rather than 21cts. Gas taxes have been proven to be unpopular as well as tolls. Councilwoman Parker advised one of the Recommendations/Goals of the FIVE - YEAR FINANCIAL FORECAST was to continue to avoid City pick-up of State responsibilities. The Analysis on the Transportation Funding contained in the Chamber's Position Statement did not have the same indepth analysis, cause and effect as on the Chesapeake Bay Preservation question. The LEGISLATIVE PACKAGE shall be SCHEDULED for the City Council Agenda of December 18, 1989. - 33 - Item V-1.2. UNFINISHED BUSINESS ITEM # 32161 Upon motion by Councilwoman Henley, seconded by Councilwoman Parker, City Council ADOPTED: Resolution Directing the City Attorney to appeal the Decision of the Circuit Court of the City of Virginia Beach in the case styled TCM Associates and William S. Teachey v City of Virginia Beach Voting: 8-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Barbara M. Flenley, 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: Vice Mayor Robert E. Fentress and Harold Heischober 1 A RESOLUTION DIRECTING THE CITY ATTORNEY 2 TO APPEAL THE DECISION OF THE CIRCUIT 3 COURT OF THE CITY OF VIRGINIA BEACH IN 4 THE CASE STYLED TCM ASSOCIATES AND WILLIAM 5 S. TEACHEY V. -@ITY OF VIRGINIA BEACH 6 7 WHEREAS, the Circuit Court of the City of Virginia Beach 8 has ruled that the City's ordinance rezoning certain property owned 9 by TCM Associates and William S. Teachey is void; 10 WHEREAS, consideration has been given whether to appeal 11 or not to appeal this decision of the Court; 12 WHEREAS, the City Council has been advised that the 13 previous downzoning cases have been consolidated by the Virginia 14 Supreme Court for appeal and that a resolution of those cases is 15 expected by Spring 1990; and 16 WHEREAS, the City Council has been advised by legal 17 counsel that an appeal of this case can be accomplished at 18 insignificant expense to both the City and the landowner involved; 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 That the office of the City Attorney is hereby directed 22 to appeal the decision of the Circuit Court in the case styled TCM 23 Associates and William S. Teachey v. City of Virginia Beach. 24 Adopted by the Council of the City of Virginia Beach, 25 Virginia, on this 11 day of December 1989. 26 27 28 LLL/clb 29 12/ 06/ 89 30 12/12/89 31 CA-3569 3,) TCM. RES - 34 - Item V-I.3. UNFINISHED BUSINESS ITEM # 32162 Mayor Oberndorf reminded all mernbers of City Council of the Fifteenth Annual Christmas Tree Lighting at Mount Trashmore, 7:00 P.M., tonight (December 11, 1989). This is a joint venture of the Cape Henry Women's Club and the Department of Parks and Recreation. - 35 - Item V-J. 1. NEW BUSINESS ITFIL # 32163 Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council ADOPTED: Resolution opposing the installation and/or operation of a Wastewater Treatment Facility to serve Surfside at Sandbridge. Voting: 7-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John L. Perry Council Members Absent: Vice Mayor Robert E. Fentress, Harold Heischober and William D. Sessoms, Jr. December 11 1989 A RESOLUTION OPPOSING THE INSTALLATION AND/OR OPERATION OF A WASTEWATER TREATMENT FACILITY TO SERVE SURFSIDE AT SANDBRIDGE WHEREAS, the State Water Control Board has received an application for the issuance of a VPDES Permit for a proposed sewage treatment works to serve Surfside at Sandbridge; WHEREAS, the proposed treatment facility will consist of an aeration plant with chlorine disinfection designed for a flow of 40,000 gallons per day to discharge either into Shipp's Bay of Back Bay or the Atlantic Ocean; WHEREAS, the City Council of the City of Virginia Beach adopted a resolution on February 13, 1989, opposing the installation and/or operation of private sewage treatment facilities that discharge wastewater into City waterways. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City of Virginia Beach opposes the installation and/or operation of a sewage treatment facility to serve Surfside at Sandbridge Campground based upon the following reasons: a. Back Bay and the Atlantic ocean, both being considered as potential receiving waters for the treated effluent from the treatment plant, are primary contact recreational waters for the citizens and visitors to Sandbridge; b. The discharge of raw sewage or improperly treated sewage into either Back Bay or the Atlantic ocean, would pose a negative impact upon the already sensitive environment of Sandbridge. Adopted this day of December, 1989, by the Council of the City of Virginia Beach, Virginia. clr @6 Item V-J.2. NEW BUSINESS ITEM 32164 ADD-ON Councilman Moss referenced the Homestead Borrow Pit/Lakeside Construction Corporation. The City Manager shall schedule Briefings and Councilman Moss will sponsor the Citizens in their concerns The City Clerk shall furnish all Verbatim Transcripts relative the Homestead Borrow Pit/Lakeside Construction Corporation to the, City Manager and City Attorney. - 37 - Item V-K. 1. ADJOURNMENT ITFM # 32165 Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the Meeting at 4:35 P.M. Beverry'O. Hooks Chief Deputy City Clerk Ruth Hodges Smith, CTIC M. yer. ObernJorf City Clerk Mayr City of Virginia Beach Virginia