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HomeMy WebLinkAboutDECEMBER 18, 1989 "WORLD'S LARGEST RESORT CITY" Crn COUNCIL Ml- EYE- @ BEM-U, 11 @,@ 11- MAYO@ @-7'E. 1-U., &-l -ERT . -O, ]OH, -UM, -0- A@ -N@y, P.- J.HN -Y K P.-, 11 10- L L@RRI, ,,. @.@l A--l I --, JR, Ii,, CITY COUNCIL AGENDA @.E L .-I, Ci,l @O-E@ -- -I-E, C@, 1- DECEMBER 18, 1989 ITEM 1. COUNCIL COWERENCE SESSION Conference Room 11:00 AM A. CITY COUNCIL CONCERNS ITEN 11. L U N C H ITEM 111. INFORMAL SESSION Conference Room 11:30 AM A. CALL TO ORDER - @yor Meyera E. Oberndorf B. ROLL CALL OF CITY COLNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM IV. FORMAL SESSION Council Chamber - 2:00 PM A. INVOCATION: Rabbi David Abrams Temple Emanuel Synagogue 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 - December 11, 1989 F. PUBLIC HEARING 1. 1990 Legislative Proposals 2. Request for TAX EXEMPT status in behalf of VIRGINIA BEACH ECLIMENICAL HOUSING, INC. G. RESOLUTIONS 1. Resolution endorsing the City's official legislative requests and recommendations for the 1990 Session of the General Assembly. 2. Resolution supporting legislation which wi I I designate real and personal property owned by VIRGINIA BEACH ECL)MENICAL HOUSING, INC. as being exempt from state and local taxation. H. PUBLIC HEARING 1. PLANNING - RECONSIDERATFON a. Request of KATHLEEN B. GRIER for Reconsideration of Conditions In appl lcation for a chanqe of zonincl from R-6 Residential District (now R-7.@) 'to B-2 Cornm istrict at 5217 Indian River Road, con ain'@ng PSVILLE BOROUGH). APPROVED: May 14, 1984. Recommendation: APPROVAL 2. PLANNING a. Petitions for discontinuance, closure and abandonment: 1. VINTAGE INVESTMENT CORPORATION (VIRGINIA BEACH BOROUGH): A portion of Cypress Road beginning at the Southern boundary of 21st Street and run n i ng Southeasterl ya distance of 287.06 feet, containing 8371.84 square feet; AND, THE RLINNYMEDE CORPORATION (LYNNHAVEN BOROUGH): A portion of Race Street beginning at the Northern boundary of South Boulevard and running Northerly a distance of 940 feet more or less; AND, A portion of Fourth Street beginning at the Ea ste rn boundary of Poplar Stre(,-t and running Easterly a distance of 420 feet. Total: 1.86 acres. Deferred December 11, 1989. Recommendation: APPROVAL b Appl !cations of PRINCESS ANNE COLMY CLUB (VIRGINIA BEACH BOROUGH): on property at 3800 Pacific Avenue, containing 11.25 acres; AND, Conditional Use Permit for a recreational outdoor nature (tennis, qolf, golf maintenance) on Parcels E-3, E-4, E-5, E-6 F, Block 111, Linkhorn Park, containing 1.78 acres. Recommendation: APPROVAL c. Appl ication of RONALD M. KRAMER for a C)onditional Use Permit for a automotive repair estabi ishment (sale & instal lation of tires) on the North side of Providence Road, 233.07 feet West of MI I itary Highway, containing 30,492 square feet (KEMPSVILLE BCROUGH). Recommendation: APPROVAL d. Applications of SEACH FELLOWSHIP CHURCH: Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by a subdivision have direct access to a public street, on the West side of General Booth Boul evard , 350 feet more or I ess North of Gun Pa I I Dr ive (PRINCESS ANNE BOROUGH). AND Conditional Use Permit for a church on certain property at the Southern extremity of Rollins Court beginning at a point 250 feet more or less West of General Booth Boulevard, containing 3.3 acres (PRINCESS ANNE BOROUGH). Recommendation: DENIAL e. Appl !cation of BONNEY BRIGHT for a Conditional Use Permit for a borrow pit on certain property on the East side of Princess Anne Road, 2172 feet South of Pocahontas C[ ub Road, containing 29.67 acres (PUNGO BOROUGH). Recornmendation: APPROVAL f. Appl ication of JERRY V. TEPLITZ for a Conditional Use Permit for a home occupation (consultant) on Lot -A, Block 9, Chestnut ii a (4317 Ti I Iman Drive) , containing 5144.7 square feet (KEMPSVILLE BOROUGH). Recommendation: DENIAL 9. Appl ication of WORD OF LIFE CHRISTIAN CHLRCH for a Chanqe of Zoning D!5trict Classif lcation from R-5D Reside District to B-2 Community Business Di feet more or less Southwest of the intersection of Princess Anne Road and Lynnhaven Parkway (4101 Princess Anne Road) , containing 8.23 acres (KEMPSV I LLE BOROUGH). Recommendation: DENIAL h . Appl ication of ECONO LUBE N' TUNE for a Conditional Use Permit for an automobile repair garage on certain property on the East side of Independence Boulevard, 600 feet North of Honeygrove Road, containing 37,461.6 square feet (BAYSIDE BOROUGH) Recommendation: DENIAL i . Ordinance to AMEND and REORDAIN Sections 901(a) and 1001(a) of the City Zonlng Or-dinance re: use regulations for bingo halls. Recommendation: APPROVAL 1. CONSENT AGENDA Al I matters I isted under the Consent Agenda are considered in the ordinary course of business by City Counci I and wi I I be enacted by one mot I on i n the fo rm I i sted . If an item is removed from the Consent Agenda, It wil I be discussed and voted upon separately. 1. Ordinance alrthorizing an Increase frorn two (2) to four (4) in nLrnber of appointments that may be made to the Virginia Beach Community Corrections Resources Board by the Virginia Beach Circuit Court. 2. Resolution authorlzing the transfer release of two Life Pak V Defibrillator Car-dioscopes frorn Emergency Medical Servlces to "Operation Smile". 3. Ordinance authorizing acquisition of permanent ut i I ity and temporary construction easeinents for 88th/89th Streets Al ley Relocatlon CIP Project 2-837, either by agreement or condemnation. 4. Ordinance authorizing acquisition of permanent easernents for Stunpy La ke Hydraul lc Study and Drainage fmprovernents (CIP 2-815) (Chariestowne La kes South Canal), either by agreement or condemnation. 5 . Ordinance authorizing a temporary encroactment into the City's property known as Island Lake, to Dr. Connie Pozniak (2413 Broad Bay Road) (LYNNHAVEN BOROUGH). 6. Ord inance to TRANSFER $70,000 to Proj ect 5-304 small line improvements to replace deteriorated water lines serving the Diamond Springs Apartment C<>Mplex. 7. DAM NECK RQAD PHASE 1: a. Ordinance to TRANSFER $60,000 Dam Neck Road, Phase 1, to cover utillty bettertnent costs in awarding the construction contract to English Construction Company. b. LOW BID: ENGLISH Dam Neck Road Phase 1, $11,362,336.60 CONSTRUCTION CIP 2-039, 5-996, 6-963 COMPANY 8. LOW BIDS: a NORFOLK DREDGING Dredging Eastern Branch $2,128,000.00 COMPANY Lynnhaven River, CIP 2-712 b. WOODINGTON Lynnhaven Pump Station $1,311,483.00 CORPORATION Modifications, CIP 5-835 c. GEORGIA ELECTRIC Traffic Signalization/ $ 298,574.76 COMPANY Various Intersection Projects, CIP 2-816 9. CERTIFFCATE OF PL)BLIC CONVENIENCE AND NECESSITY ATLANTIC LIMOUSINE, INC. J. APPOINTMENTS 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 VOLUNTEER COUNCIL BOARD OF ZONING APPEALS K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOLlRN4ENT CITY COLt4CIL SESSIONS RESCHEDULED DECEMBER 25, 1989 2:00 PM CANCELLED "CHRISTMAS 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" HOLIDAY (Rescheduled to January 29, 1990 2:00 PM) 12/14/89 lbs M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 18, 1989 The CITY COUNCIL CONCERNS of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Council Chambers, City liall Building, on Monday, December 18, 1989, at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Harold Heischober (ABSENT DUE TO ILLNESS) Reba S. McClanan (ENTERED: 11:06 A.M.) John L. Perry (ENTERED: 11:10 A.M.) - 2 - C ON C E R N S OF T HE MAYOR 11:00 A.@l. ITEM # 32166 Mayor Oberndorf referenced contact from the attorney for Landmark Communications and the possible discussion in EXECUTIVE SESSION relative the CONFIDENTIAL Memorandum to Members of City Council from the City Manager. Events and trends occurred during the 1989 tourist season which impacted the competitiveness of Virginia Beach from a tourism, marketing and economic development perspective. An Ordinance was presented for the transfer of $300,000 fropi Public Works Dredge Operations Unit FY 1989-1990 Operating Budget for the purpose of providing Enhanced National Marketing Communications Support. Mayor Oberndorf advised this item would not be discussed in EXECUTIVE SESSION. '4ayor Oberndorf advised discussion of this issue will be under NEW BUSINESS during the Formal Session. Alex Marshall had written an artic'e concerning this item in the VIRGINIAN-PILOT/LEDGER-STAR, Sunday, December 17, 1989 The City Manager advised the presentation of his CONFIDENTIAL PACKAGE forwarded to Members of City Council does not signify all these items were to be discussed in EXECUTIVE SESSION. Some of the items provide information on the location ol@ zoning issues and details relative litigation provided by the City Attorney, et cetera. - 3 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 32167 Councilwoman McClanan referenced the applications of BEACH FELLOWSHIP CHURCH: Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by a subdivision have direct access to a public street, on the West side of General Booth Boulevard, 350 feet more or less North of Gun Hall Drive (PRINCESS ANNE BOROUGH); AND, Conditional Use Permit for a church on certain property at the Southern extremity of Rollins Court beginning at a point 250 feet more or less West of General Booth Boulevard, containing 3.3 acres (PRINCESS ANNE BOROUGH). (See ITEM V-H.2.d. of the PLANNTNG AGENDA) Councilwoman McClanan advised she must leave for a while during the Formal Session to attend the funeral of a dear friend. Councilwoman McClanan requested the aforementioned item be delayed until her return. ITEM # 32168 Councilworian McClanan also referenced the Petitions for discontinuance, closure and abandonment: THE RUNNYMEDE CORPORATION (LYNNHAVEN BOROUGH): A portion of Race Street beginning at the Northern boundary of South Boulevard and running Northerly a distance of 940 feet more or less; AND, a portion of Fourth Street beginning at the Eastern boundary of Poplar Street and running Easterly a distance of 420 feet. (See Item IV-fl.2.a.l. of the PLANNTNG AGENDA). Councilwoman McCianan advised she had spoken with Robert Scott, Director of Planning relative this item and there will be a speaker in the FORMAL SESSION. ITEM # 32169 Councilman Moss referenced tlie "TURN OF THE CENTURY STRATEGIC PLANNING COMMITTEE" on Education has not met while the staff was DRAFTING the Strategic Plan. A DRAFT copy of the EXECUTIVE SUMMARY was provided to Councilman Moss. Councilrian Moss has shared his concerns with members of City Council. In view of the sobering FIVE-YEAR FINANCIAL FORECAST BRIEFINC by E. Dean Block on December 11, 1989, and the pronouncements from Senator Hunter Andrews about the funding sources from Richmond, the City faces many difficult choices. Upon receipt of the Plan, copies will be forwarded to Members of Council. ITEM # 32170 Councilman Moss requested a progress report on the updating of the COMPRE M SIVE PLAN by the Planning Commission. ITEM # 32171 Councilman Moss had advised the City Clerk to add the appointment of the Chairman of the CENTRAL BUSINESS DISTRICT COMMISSION to the EXECUTIVE and FORMAL SESSIONS. ITFI,l # 32172 Councilman Balko advised Mr. Block's FIVE-YEAR FINANCIAL FORECAST BRIEFING will also be presented to the Virginia Beach School Administration. - 4 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 32173 Councilman Balko complimented the Traffic Division for placing lights on Princess Anne Road standing straight up from the ground rather than hanging down and would hope this procedure could be implemented throughout the City. ITEM # 32174 Councilman Baum referenced his recerit discussions relative the problems with land use tax and his discussions with Jerald Banagan, City Assessor. Councilman Baum wishes the Department of Agriculture to review rural assessments before the City Assessor presents his five-year average figures to City Council. ITFII # 32175 Councilman Perry expressed concern relative the building of homes by Community Development for the low income citizens. Community Development should enable the people themselves to get involved. Only five or six houses have been built and they are very poorly constructed, costing as much as $42,000, not including the cost of the land. The City Manager will investigate. Councilwoman Parker referenced the Community Reinvestment Act developed in 1979. Councilman Sessoms referenced discussions with Mary Kay Horoszewski, Executive Director, Virignia Beach Community Development Corporation, and wiil assist her with other banks as he has succeeded in having his bank participate in lending funds at a lower rate. Tlie Banks are audited to be sure the procedures are complied. Councilman Perry advised he has been trying for ten years to get sewer and water in Gracetown and there has always been "no funds available". D - 5 - C IT Y MANA GE R ' S IT EMS ITDI # 32176 The City Manager referenced information received from the State Department of Education relating to projections on School Funding issues. Copy of same is hereby made a part of the record. ITFII # 32177 The City Manager provided data concerning the Transportation Survey completed at the Regionai Level. - 6 - ITEM # 32178 The INFORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf i, th, Conference Room, City Hall Building, on Monday, December 18, 1989, at 11:26 A.@l. Council Members Present: Albert W. Balko, John A. Baum, Vic, Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. MOSS, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Harold Heischober - 7 - ITEM # 32179 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 ariended, for the following purposes: 1. PERSONNEL MA'ITERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, der.,iotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1- 344(A)(1). (1) Performance Evaluations: City Manager, 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 Vianagement Board, Planning Commission, Resort Area Advisory Commission, School Board, Virginia Beach Community Development Corporation, Volunteer Council, Chairman - Central Business District Commission, Board of Zoning Appeals and Community Correction Resource Board. 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) School Site Acquisition - Kemspville Borough. 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) Reynolds v. City of Virginia Beach - Status and relation to Planning Item H.I.a. (2) Dwight W. Cowell v. City of Virginia Beach Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 8 - VIRGINIA BEACH CITY COUNCIL December 18, 1989 2:00 P.M. Mayor Meyera E. Oberndorf called to order the MPMAL SESSION f the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, December 18, 1989, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baurq, Vice Mayor Robert E. Fentress, Barbara M. Ilenley, John D. Moss, Mayor Meyera E. Oberndorf, inancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Harold Heischober (ABSENT DUE TO ILLNESS) Reba S. McClanan (ATTENDING FUNERAL OF CLOSE FRIEND LEFT EXECUTIVE SESSION AT 1:00 P.M. RETURNED TO THE FORMAL CITY COUNCIL SESSION AT 3:20 P.M.) INVOCATION: Rabbi David Abrams Temple Emanuel Synagogue PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 9 Item IV-D.l. CERTIFICATION OF E)CECUTIVE SESSION TTEM 32180 Upon motion by Councilman Sessoms, seconded by Councilman Moss, 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, Vice Mayor Robert E. Fentress, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober and Reba S. McClanan AVICAOTI ill SASSOON 1-t WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. MOTION; Upon motion by Vice Mayor Fentress, seconded by 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, City Manager (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, Volunteer Council, Chairman - Central Business District Commission, Board of Zoning Appeals and Community Correction Resource Board. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for pubiic 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) School Site Acquisition - Kempsville Borough. 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) Reynolds v. City of Virginia Beach - Status and relation to Planning Item H.I.a. (2) Dwight W. Cowell v. City of Virginia Beach VOTE: 10-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert None E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Sr. Council Members ABSTAINING: Council Members ABSENT for the Vote: None Harold Heischober Council Members ABSENT for the Meeting: Harold Heischober. Reba S. McClanan left the EXECUTIVE SESSION at 1:00 P.M. to attend the funeral of a dear friend. - 10 - Item IV-E.I. MINUTES ITEM # 32181 UpoD motion by Councilman I,*@oss, seconded by Councilman Sessoms, City Coiincil APPROVED the ilfinutes of the INFORMAL & FORMAL SESSIONS of December 11, 1989. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting inay: None Council Members Abstaining: Vice @layor Robert E. Fentress Council illembers Absent: Harold Heischober and Reba S. McClanan *Vice Mayor Fentress ABSTAINED as he was ABSENT from the IIIFORMAL AND FORMAL SESSIONS of December 11, 1989. Item IV-F.I. PUBLIC HEARING ITEM # 32182 Mayor Oberndorf DECLARED a PUBLIC HEARING: 1990 LEGISLATIVE PROPOSALS The following spoke relative the 1990 LEGISLATIVE PROPOSALS: R. Dean Lee, 4512 Virginia Beach Boulevard, Chairman of the Board, Virginia Beach Council, Hampton Roads Chamber of Commerce. Mr. Lee again emdhasized the support of the regional financing authority for roads and the primary reason for said support being economic development which translates into attracting industry and tourists. These activities require two roads: the Hampton Roads Tunnel for the tourists and the Southeastern Expressway for the commercial and industrial development in the southern portion of the City. Bert Dail, 2865 Seaboard Road, Phone: 721-2766, represented himself and spoke in OPPOSITION to TRANSFER/PURCHASE OF DEVELOPMENT RIGHTS as a Growth Mangement Technique. There being no further speakers, Mayor Oberndorf CLDSED the PUBLIC HEARING. - 12 - Item IV-F.2. PUBLTC HEARING ITFi4 # 32183 Mayor Oberndorf DECLARED a PUBLIC HEARING: TAX EXEMPT STATUS VIRGINIA BEACH ECUMENICAL HOUSING, INC. The following spoke in support of the Tax Exempt status - Virginia Beach Ecumenical Housing, Inc. Attorney William C. Bischoff, 1608 Ray Way, Phone: 490-6000, represented the Samaritan House Flora Haynie, 210 59th Street, Phone: 428-0971, Chairman/President - Virginia Beach Ecumenical Housing, Inc. There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC ]IEARING. - 13 - Item IV-G.I.a RESOLUTIONS ITFd',l # 32184 Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council ADOPTED: Resolution endorsing the City's official legislative requests and recommendations for the 1990 Session of the General Assembly. Mayor Oberndorf referenced the letters dated December 15, 1989, from W. Robert Jones, President, QED Systems, Inc., and Bill J. Center, Virginia Beach Neptune Festival, Inc./Ocean Occasions in support of a regional financing authority. Mayor Oberndorf also advised receipt of a letter dated December 18, 1989, from the Virginia Beach Hotel & Motel Association supporting the concept of a regional financing authority. Said letter is hereby made a part of the record. The City Clerk read into the record Councilman Heischober's support of the LEGISLATIVE PACKAGE for the 1990 General Assembly and specifically the tool for Transfer of Development Rights. The City Clerk advised Councilwoman McClanan is attending the funeral of a very dear friend and will return shortly. In her absence, Councilwoman McClanan wished her OPPOSITION to the Transfer of Development Rights be made a part of the record. Resolution requesting the General Assembly adopt enabling legislation to allow Virginia Beach and other localities to use Transfer/Purchase of Development Rights as a Growth Management Technique; and Resolution requesting the 1990 General Assembly to establish a Study Commission to examine transportation funding needs in hampton Roads and to request the Congressional Delegation from the Commonwealth to aggressively pursue the re-enactment and authorization of the Surface Transportation Act shall be voted upon separately. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Meribers Voting Nay: None Council Members Absent: Harold Heischober and Reba S. McClanan R E S 0 L U T I 0 N WHEREAS, the Council of the City of Virginia Beach, Virginia, has reviewed the presentation concerning certain legislative proposals; and WHEREAS, after due consideration, the Council is of the opinion that such proposals would be beneficial to the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA that the document attached and entitled "CITY OF VIRGINIA BEACH 1990 LEGISLATIVE PROPOSALS" is hereby endorsed by the Council as the City's official legislative requests and recommendations for the 1990 Session for other than changes to the City's Charter. The City Manager is hereby directed to forward a copy of this Resolution with the proposals to each member of the General Assembly representing the City of Virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach on the 18 day of December , 1989. 1990 L E G I S L A T I V E P R 0 P 0 S A L S PRESENTED FOR CONSIDERATION TO THE VIRGINIA GENERAL ASSEMBLY CITY OF VIRGINIA BEACH 1990 LEGISLATIVE PROPOSALS INDEX REGIONAL ISSUES 1. Real Estate Property Tax Issues 2. Funding of Education 3. Transportation Funding 4. Regional/Local Jails 5. Indigent Health Care FUNDING ISSUES 6. Funding for the Community Services Board Programs 7. Funding for the Virginia Marine Science Museum 8. Pendleton Child Service Center - Funding for Relocation 9. Purchase of Land for a Four Year State Supported University in Virginia Beach 10. State Aid to Libraries 11. State Reimbursement for Marine Patrol Activities OTHER ISSUES 12. Growth Management 13. Increase in Court Fees 14. Tax Exemption for Water Works Equipment AGRICULTURAL ISSUES R E G I 0 N A L I s s u E s I REAL ESTATE PROPERTY TAX ISSUES Mdny localities throughout the Commonwedlth hdve experienced double digit increases in their property tax assessments over the past several years. Although, Virginid Bedch, in partiCUldr, dnd Hampton Roads, in general, have had increases averaging 5%, many Northern Virginia localities have had extremely high increases which have created adverse reactions by the tax paying public. The General Assembly in its 1989 Session, established a special study committee to examine localities' dependence on real estate taxes and how relief might be given on what so(ne view as an inappropriate burden. The study cornmittee has held a number of public hearings across the Commonwealth and has mentioned severdl alternatives in providing relief. These include a simple change in the Code which would allow a business and commercial property be taxed at a different rate than residential property up to changes that would require an amendment to the Constitution of Virginid. Any of these changes would have the net effect of reducing property tax revenue available to localities. In Virginia Beach, dS iS the case in Hdmpton Roads, the property tax is relied on by the localities to supply the pred(xninant shdre of revenue dvailable for generdl goverrynent operations. Virginia Beach has had to increase its tax rate considerably in the last several years but most of the increase was done with the approval of the voters in referenda. This incredse is necessary to provide the infrastructure and other services to a rapidly growing population so that the quality of life in Virginia Beach can remain high. The real estate tax is the most important tax scurce for all Virginia localities including Virginia Beach. Finally, Virginia Beach like most localities in the Commonwealth provides tdx relief to elderly and disdbled persons meeting certain income limits. These tax relief efforts are becoming increasingly costly but nevertheless approved by Council because of the obvious need of these certain individuals for such tax relief. RECOMENDATIONS The General Assembly is requested to retain the localities' ability to use the real estate tax or any other tax. Localities dre increasingly being required to provide services, heretofore, paid for with federal or state funds, and at the save time, the cost of government in general is increasing. For example, Virginia Beach's tax rate and assessment increasing have increased the average tax bill by 50% in the last several years to meet the needs of our citizens. Further, the Gerieral Assembly is encouraged to allow localities greater flexibility in raising revenues by providing other methods of taxation that are equitable and less regressive. FUNDING OF EDUCATION The Constitution of Virginia states "The General Assembly shall provide for a system of free public elementary and secondary schools for all children of school age throughout the Commorrwealth and shall seek to ensure that an educational program of high quality is established and continually maintained." To meet this requirement, the Legislature has established the Standards of Quality which mandates the existence of educational programs throughout the state. Because the General Assembly is responsible for providing a system of free public education, it should also support financially those aspects of the educational program which it mandates by law. These mandates should be funded on the basis of realistic average costs and the Stdte should bear a fair share of the cost. It is the responsibility of the stdte to fund on a Stdtewide basis the BdSiC Education Program of a student in the Commonwealth. This should include the cost of capitdl facilities. Increasingly, the costs of providing CIdSsrooms and other structures for the educational process are becoining a very severe burden on local goverrvnents. The state does not participate at all in the funding of capital cost for education nor does it include those costs in the formula for estimating standdrd of quality participation by the Commonwealth. RECOMMENDATIONS The General Assembly should raise the per capita pupil allocation for 1990/91 to that amount recomwnded by the State Board of Education which reflects the actual cost of the Standards of Quality. This funding should not be at the expense of other aid to localities. It should also prohibit the enactment of any mandates requiring funding by the State Board of Education until the General Assembly also funds those mandates. Finally, the General Assembly should fully fund all newly mandated programs. It should, also prohibit the enactment of any mandates requiring funding by the State Board of Education until the General Assembly funds those mandates. TRANSPORTATION FUNDING This item will be completed based on Council's direction after reviewing the transportation financing strategies developed by the Planning District Commission. REGIONAL/LOCAL JAILS The city is appreciative of the legislation passed in the 1989 General Assembly Session that increased the state reimbursement for local jail construction to 50% with a maximum of 1.2 Million Dollars. This legislation also allowed regional facilities to receive up to 50% funding from the Commonwealth for capital construction. Many larger localities such as Virginia Beach are planning to build large additions to their local jails. Many of these local facilities will be as large as some of the regional jails envisioned. However, a local jail can only receive a maximum of 1.2 Million Dollars in reimbursement from the Commonwealth, whereas, regional facilities can receive up to 50% reimbursement. The city is also investigating with other localities in the region the feasibility of building a large regional jail. This jail would house as many as 1,500 prisoners and would meet the localities' needs through the year 2005. However, the legislation allowing for 50% reimbursement states up to 50% rather than designating the Commonwealth will participate for 50% of the cost of the regional jail construction. RECOMMENDATIONS We recommend that the 50% reiinbursement for local jails with a cap of 1.2 Million Dollars be modified to allow a 50% reimbursement without a cap for any facility housing more than 150 prisoners. This would also include additions that would house more than 150 prisoners. It is also recommended that the legislation allowing up to 50% reimbursement for regional jails be amended so there will be a guarantee of 50% reimbursement. On very large projects there should be incr@tal financing by the Commonwealth so as to reduce the locality's need to incur carrying costs while awaiting reimbursement. INDIGENT HEALTH CARE The problems of providing health care to indigent Virginid Beach residents continues to grow at dn aldrming rate. Many of these probleMS dre shared with other Virginia communities while others have unique aspects. A major shared concern is with Medicaid and state/local hospitalization. Although these programs are relatively equitably distributed throughout the state and cover a variety of medical care needs, they cover only a small percentage of those needing care who cannot afford it according to state eligibility standdrds. Virginia Beach is a prime example. Of the 40,000 persons below the poverty level in the city, only 6,000, or less than one out of six, is entitled to Medicaid. Because state/lOCdl hospitalization does not provide access to private physician care, and only this care is avail-hle in Virginia Beach, most of the 34,000 not covered by He.@icaid receive nuthing but einergency care dt 1OCdl hospitals and tertiary Cdre at Norfolk General Hospital. For low income residents the Stdte provides certdin categorical medical services through health departments: prenatdl, family planning, well baby care and immunization. Because no new positions and minimdl additional findncidl SUpport has been provided to the Health Department since 1975 (during which time the city's population hdS increased by 260,000), the number of citizens seeking the above services but unable to receive thefn continues to grow. Virginia Beach reinains the least funded health district in the Stdte. Some 250 low income pregnant women received no prendtdl Cdre In 1989 because clinics have been at capacity and those needing care continues to grow. Yet, the state continues to fund low income care in Virginid Beach dt half the rate (per person) such care is provided to the remainder of the state. The comprehensive outpatient and inpatient medical care for low income persons -- which is a state responsibility by statute-- has been carried out via medical education funds. These have been provided to the Medical College of Virginia and to the University of Virginia Medical School. A token amount of approximately seven percent of the total medical education funds has been given to the 14edical College of Hampton Roads. Because the area hospitals using these funds for patient care are not in Virginia Beach (and thus do not take the city's patients), even such limited funds offer no solution for low income residents seeking care. Such residents must travel to the Medical College of Virginia for basic medical care. In the area of low income obstetrical care the city maintains a contract for delivery and reldted care with local obstetricians. The acceptance of this state responsibility by the city credtes an increasing hardship on its residents as costs continue to rise for this service. RECOWENDATIONS This iS d complex and growing problem which the General Assembly can begin to effectively deal with by: 1. Requiring an equitable and adequate distribution of Health Department funds so that each Virginia resident requiring mandated Health Department services will have an equal opportunity to receive them statewide. Both poverty population and total population must be considered in accord with the program requiring funds. 2. Develop a regional grant program to provide for low income medical care. A regional program in Hampton Roads could address both medical care needs of low Income persons and uncompensated care expenses of area hospitals. F U N D I N G I S S U E S FUNDDIG FOR THE @ITY SERVICE BOARD PROGRAMS The General Assembly during the last biennium, at the request of advocacy organizations and municipal governments, funded a major mental health initiative based on a six year plan developed by the Virginia Department of Mental Health - Mental Retardation Substance Abuse Services. This plan resulted in "the first wave" effort that provided funding for Virginia Beach in access of over Three Million Dollars for the biennium. This allowed the Virginia Beach Community Services Board to significantly expand its service capacity and to increase the opportunities for collaborations with other community services programs. Although this is an important first step, persons with mental disabilities require a continuing combination of physical and personal resources. Such needs which continue to grow as the population of our city expands presents great challenges to the city and the Community Services Board. RE ATIONS The General Assembly is requested to fund a "second wave" of funding for Community Services Boards throughout the Comonwealth. This funding would build on the floor established during the "first wave" funding of the current biennium and would provide a quantum increase in services to the mentally disabled. The need to continue the momentum of mental disability funding is evident because of the long standing practice of the Commonwealth to under-fund these progr- and it is important to keep the current momentum building so that these progr-- and persons are not forced to recede into the shadows. FUNDING FOR THE VIRGINIA MARINE SCIENCE MUSEUM Since its opening in June 1986, the Virginia Marine Science Museum along Owls Creek has become Virginia's most highly attended museum. The museum's unique combination of interactive science exhibits, living habitats, and aquariums attracted 360,000 visitors in its first full year of operation and the facility welcomed its 1,000,000 visitor in April 1989. The museum's visitation has been meeting early planning projects and all indications point to continued strong attendance. However, with the facilities popularity has come increased demands on both the staff and the facilities which can no longer be met by the present institution. A master plan for the museum has recently been completed which envisions the following improvements over an area of approximately 30 acres. A 20,000 square foot building focusing on an estuarine marsh environment. Salt Marsh preserve with a series of passive interpretive trails. A 25,000 square foot building to include a 100 seat restaurant, classroom space, a changing exhibits gallery, and a marine mammal demonstration area. A 30,000 square foot building with a major ocean science exhibits and aquarium. The cost of these improvements is estimated at approximately $26,000,000. The museum has become a major tourist destination for persons coming to Virginia and its growth in the future will continue to help Virginia's tourism industry remain vibrant. REC ATIONS The Commonwealth should appropriate $3,000,000 for planning and engineering for the expansion of the Marine Science Musetm. Local and other sources would be responsible for the additional funding needed for construction and completion of the addition. PENDLEMN CHILD SERVICE C@ FUNDING FOR TION The Pendleton Child Service Center provides children five to twelve years old with treatment to alleviate behavioral and learning problems. The Pendleton Center accepts children with behavioral problems such as aggression, defiance, inadequate self-control, dishonesty, and social isolation and admits them on an outclient or residential basis. Pendleton's staff applies psychological diagnostic procedures to children, and trains parents and teachers to use intervention methods to prevent or reduce the necessity of contact with other human service organizations. The staff is involved in conununity training activities for parenting skills, teacher training, and social skills training for classroom children. Created as a preventive service through the joint efforts of the human services departments of the Commonwealth of Virginia, and the Cities of Chesapeake and Virginia Beach, Pendleton has maintained a 70 to 75 percent success rate during its 14 years of operation. It has repeatedly been cited by state licensure teams for the effectiveness of its treatment design. Indeed, one reviewer noted, "This is the best program of all those I review. It has a complete continuum of care, with all components in place and highly developed." This year, another commented, "The only criticism I would have is that it is the best kept secret. It should be replicated." The Cities of Chesapeake and Virginia Beach in an effort to provide an improved Pendleton Child Service Center are relocating the project from its current location on Camp Pendleton to an area that would better serve the needs of the two cities. RECOMNENDATIONS The Commonwealth is requested to participate in a 50% reimbursement for the relocation of the Pendleton Child Service Center. As a certified group home the Pendleton Child Service Center is eligible for this funding. The new Service Center will include 13,000 square feet and be adjacent to Kempsville District Park on Centerville Turnpike, close to the population centers of Virginia Beach and Chesapeake. Total estimated cost is approximately 1.1 Nillion Dollars. The Commonwealth is requested to participate in half of that or $550,000. The project is expected to be completed by April 1991. PURCRASE OF LAND FOR A FOUR YEAR STATE SUPPORTED UNIVERSITY IN VIRGINIA BEACH Virginia Beach is one of the, if not the only, major city in AmeriCd with a population of more than 200,000 to not have a four Yedr state supported University within its borders. Although, Virginia Beach is served by the state supported Old Dominion University and Norfolk State University, both of these facilities are 1OCdted as much as 35 miles away from some of our citizens. Also, the increased problems with our trdnsportdtion network make not only the distance a problem for those wishing to commute to a four year state supported University but the time involved is often much out of proportion to the distdnce one must travel. Further, the population of the city is expected to exceed 500,000 people shortly after the turn of the century. Much of this population growth will occur in the Southern portion of the city which is the greatest distance from Old Dominion and Norfolk State Universities. The city's need for a four yedr Stdte supported university are therefore obvious, however, the construction of such a facility will take Mdny years dnd MUch pldnning. The Stdte should take a proactive stance in the near term, however, by purchasing land for a future campus for a four year university in the city. This property would be preferably located in the central portion of the city adjacent to major highways such as the proposed Southeastern Expressway. This would serve not only as an area where the region's current Universities could expand their presence in the city such as the gradUdte center currently located in leased space in the Northern portion of the city but could start a master plan process for a four yedr Stdte supported University to be constructed Idter this century. RECOMMENDATIONS The Gerieral Assembly is requested to identify an appropriate site for the location of a state supported fotir yedr University in the central portion of the City. This study should be followed up with the purchase of the land necessary to acc ate dny placement of such University and any possible expansion through the yedr 2050. Area's served by good road networks such as ddjacent to the Southeastern Expressway should be looked at with special interest. STATE AID TO LIBRARIES The General Assembly in its 1989 Session adopted HJR NO. 441 requesting the State Library Board study local minimum expenditure requirements for eligibility to receive State Library Aid. The Board has recommended that the local eligibility requirements be changed to require the present minimum of $2.00 per capita local expenditure requirement be changed to an dmount equal to a percentage of the state median per capital expenditure and that state aid be increased fOr every local dolldr from 35 cents to 40 cents dnd that the Cdp on state grants be increased from $150,000 to $350,000. The revision to the State Aid to Libraries formula would result in Virginia Beach receiving $200,000 per year in more State Aid to Public Libraries. RECOM14ENDATIONS The City recomends that the General Assembly adopt the findings of the State Librdry Board Study requested by HJR No. 441. STATE REIMBURSEMENT FOR KARINE PATROL ACTIVITIES Section 28.1-464 of the Code provides for the establishment of a Marine Patrol Fund from which qualified localities may be reimbursed a portion of costs incurred from Marine Patrol activities. Virginia Beach has an active marine patrol function and is qualified for reimbursement since the program was started in 1979. For the past five fiscal years, the level of reimbursement was intended to be 75% of the total eligible cost or $20 for each boat registered within the locality whichever was less, however, during the same period of level of funding appropriated by the state for the Marine Pdtrol Fund has been insufficient to meet all the qualifying requests for reimbursements. In Virginia Beach for instance, the shortfall in funding has cost Virginia Beach approximately $270,000 over the ldst five years. RECOMMENDATIONS It is recamnded that the General Assembly appropriate sufficient funds to the Karine Patrol fund so that all localities can receive their full reimbursement to which they are statutorily intended. 0 T H E R I S S U E S GROWTH MANAGEMENT City Council has been increasingly concerned over the degradation of the environment in th. city, particularly around the Back Bay and North Landing watersheds. As part of their concern and in an effort to control growth, they downzoned over 2,000 acres of land, located south of the green line, to agricultural zoning in 1986. However, even with the downzoning to agricultural classifications, much of the land can be developed under the AG-2 zoning categories to densities as high as one unit per acre. Further, Council is concerned over the effect that development of one-acre lot subdivisions would have on the viability of farming within the city. In order to consider these threats to the environment, farming, and the city's ability to provide infrastructure, two consulting firms were contracted to examine the feasibility of transferable development rights. The Virginia Beach Growth Management Study produced by these consultants has recommended that the Citv seek authority from the General Assembly to have the ability to transfer development rights from one property to another and to be able to purchase development rights. Basically, this would mean that a sending zone would be designated within the city and a receiving zone would also be designated within the city. The rights to develop property in the sending zone would be severed from the property and transferred to the receiving area in an open market sale/purchase transaction. Therefore, property owners in the southern portion of the city would have the opportunity to sell in an open market their development rights to persons interested in developing a receiving area to be designated by City Council. We strongly believe that if the TDR concept is pursued, the city will be able to manage the infrastructure needs for a considerable portion of the city, protect the environment in the Back Bay and North Landing watersheds more comprehensively, and also give farming an opportunity to thrive without the conflicts caused by encroaching development of an unpredictable and piecemeal nature. Further through a PDR/TDR program the city could buy the development rights and hold on to them or resell them as appropriate. REC ATIONS: The General Assembly is requested to adopt enabling legislation to allow: (1) the transfer of development rights from one parcel of land to another; (2) restricting or prohibiting further development of the parcel from which such rights are transferred; and (3) increasing the density or intensity of development on the parcel to which such rights are transferred. This should further provide for the method of transfer of such rights and provide for the granting of easements and reasonable regulations to effect and control such transfers and assure compliance with the provisions of such ordinance. INCREASE IN COURT FEES Cities have been historically required to provide at their own expense court facilities. These are responsibilities mandated by the Coninonwealth, but the Comwnwealth does not allow any funding mechanism to be initiated to pay for these very expensive infrastructure improvements. Virginia Beach, for instance, is now faced with the construction of an over $30 Million court facility that would move all the court functions to one site and provide a physical joining with the jail for secure movement of prisoners. The design of this facility has been reached after much discussion with the judges and other individuals involved with the courts, and is also geared toward the growth the City should encounter within the next ten years. It is inappropriate, however, for the citizens to be required to pay for this facility when it should more rightfully be funded by the users of the courts. RECOMMENBATIONS The General Assembly should adopt legislation allowing localities to allow court cost, etc. to be increased by $6.00 per item as was recmwnded by the substitute Hexise Bill No. 245 submitted during the 1989 Session. The proceeds of these fees will be used for capital cost for court house detention homes and jail construction, renovation, maintenance. and to pay the staffing cost of personnel involved with those facilities. TAX EXE14PTION FOR WATER WORKS EQIJIPMENT Currently, the Code of Virginia allows exemptions from sales tax for various equipment including pollution control equipment and facilities. The extension of this exemption to water works facilities would lower the costs Of Wdter projects for municipalities. RECOMMENIIATIONS The General Assembly should amend the Code of Virginia to exempt certified water works equipment and facilities from retail sales and use tax. Certified water works equipment and facilities shall mean any real or personal property, equipment, facilities or devices used primarily for the production and distribution of water for human conslaption. A G R I C U L T U R A L I S S U E S AGRICULTURAL ISSUES The Council of the City of Virginia Beach presents these issues of local and state interest as adopted by the Virginia Beach Far,m Bureau. LOCAL We support techniques (such as Transfer of Development Rights, Purchase of Development Rights, or any other means) of preserving the industry of agriculture and the fair market values of rural lands. We oppose the inclusion of any lands in Virginia Beach as part of the Chesapeake Bay Preservation Act that do not drain into the Chesapeake Bay. STATE We support techniques (such as Transfer of Development Rights, Purchase of Development Rights, or any other means) of preserving the industry of agriculture and the fair market values of rural lands. Landowners need the freedom to convert their land to other uses. If a governmental agency wishes to severely restrict farmland use for whatever reason i.e., non-tidal wetlands preservation, buffer strips, endangered species, wildlife conservation, etc., the landowner should be justly compensated at the fair market value at the time of taking. - 14 - Item IV-G.I.b RESOLUTIONS ITEM # 32185 Upon motion by Councilwoman lienley seconded by Councilman Baum, City Council ADOPTED: Resolution requesting the General Assembly to adopt enabling legislation to allow Virginia Beach and other localities to use Transfer/Purchase of Development Rights as a Growth Management Technique. Councilwoman Henley referenced the very important link with good growth management and economic development. The Resolution does include Purchase of Development Rights. Enabling legislation would not be required for just Purchase of Development Rights. This can be accomplished without additional authority. There are issues which must be addressed and fine tuned. Differences of opinion are arising primarily from lack of information and misunderstanding. This instrument of planning was first recommended by the Virginia Beach Tomorrow proposal issued in 1976 and has since been mentioned in inany planing documents including the Back Bay Management Plan, recommended by the Chesapeake Back Bay 20/20 Panel as well as many state wide and local proposals. Education and commitment are important components. Councilwoman Parker advised of her items of concern: (1) Requirement of perpetuity (2) Assurance of standards of quality for upgrading of tax base (3) Formula should involve more than just transfer of residential for residential. Formula should involve transferring into industrial to increase the tax base (4) Care in selecting receiving areas. Many individuals are under the false impression extra density will be allowed in areas already impacted. Councilman Moss stressed the Transfer of Development Rights Ordinance should contain the requirement of perpetuity, not for just twenty-five years. Perpetuity would have to be a fundamental inclusion for its implementation in Virginia Beach. Councilman Baum advised perpetuity does not mean forever. The property owner at the end of twenty-five years does not gain any right back not chosen to be given back by the local government. Misconceptions by the news media have arisen that individuals would be able to sell the development rights twice. Localities are reluctant to give any rights back, if they have paid for them once. Councilman Balko advised Transfer of Development Rights were available in Maryland, 14ew Jersey, Florida and California, and inquired if these were DILLON rule states. Robert Scott advised California and @laryland were not, but could not respond specifically to the others. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober and Reba S. McClanan RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO ADOPT ENABLING LEGISLATION TO ALLOW VIRGINIA BEACH AND OTHER LOCALITIES TO USE TRANSFER/PURCHASE OF DEVELOPMENT RIGHTS AS A GROWTH MANAGEMENT TECHNIQUE. Whereas Virginia Beach has experienced explosive growth over the last ten years, and Whereas this growth has increased the population of the City by more than 100,000 persons, and Whereas this growth has created extreme pressures on the City's ability to provide infrastructure, and Whereas this growth has also created great demands on the environment of the City, and Whereas much of this growth is predicted to continue especially in the southern part of the City where there now exist conflicts between an agricultural economy and the pressures of growth, and Whereas the Council of the City of Virginia Beach has funded a two year study into the use of Transfer of Development Rights/Purchase of Development Rights as a way of managing the growth of the City, protecting the enviror2nent, and preserving agriculture. Now therefore be it resolved by the Council oF- the City of Virginia Beach that the General Assembly of Virginia is requested to, in its 1990 Session, adopt enabling legislation that would allow localities by ordinance to adopt a Transfer of Development Rights/Purchase of Development Rights program, and Whereas this enabling legislation would allow the Transfer of Development Rights for one parcel of land to anot.her restrict or prohibit further development of the parcel from which such rights are developed and increase the density or intensity of development on a parcel to which such rights are transferred, and Be it further resolved that the City should provide f@or the method of such transfer of such rights and for the gran,tlng of easements and reasonable regulations to affect and control such transfers and to ensure compliance with the provisions of such ordinance, and Be it further resolved that the Clerk of the Council of the City of Virginia Beach is directed to forward this resolution to the members of the General Assembly for Virginia Beach. Adopted by the Council of the City of Virginia Beach on 18 day of December 1989. - 15 - Item IV-G.I.c RESOLUTIONS ITEM # 32186 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED, AS REVISED: Resolution requesting the 1990 General Assembly to establish a Study Commission to examine transportation funding needs in Hampton Roads and to request the Congressional Delegation from the Commonwealth to a-gressively pursue the re- enactment and authorization of the Surface Transportation Act. This Resolution was requested to be AMENDED to include the verbiage that methods be developed to fund those needs caused by shortfall from both state and federal governments. The study should also address the level of service the citizens can expect from increased expenditures on transportation projects. There would be no funds to support a Sports Authority and the study should not include a taxing authority. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober This item was MOVED DOWN and voted upon, after revision, following the PLANNING AGENDA and prior to the CONSENT AGENDA. RESOLUTION REQUESTING THE 1990 G ASSEMLY TO ESTABLISH A STUDY COMISSION To NE TRANSPORTATION FUNDING NEEDS IN N ROADS AND TO REQUEST THE CONGRESSIONAL DELEGATION FROM THE COMMO TH TO AGGRESSIVELY PURSUE THE RE-ENACTMENT AND AUTHORIZATION OF THE SURFACE TRANSPORTATION ACT. Whereas the provision of a sound transportation network is vital to the economic well-being of all the localities in Hampton Roads; and Whereas this means the movement of not only people, but goods and services so that commerce can flourish; and Whereas there are many identified problems in the transportation network of Hampton Roads that when measured either subjectively or objectively put the area at a disadvantage in the realm of economic development and tourism; and Whereas even with anticipated improvements to the transportation networks such as Interstate 664, there continues to be unfunded needs of more than $150,000,ooo per year; and Whereas the Southeastern Planning District Commission working in cooperation with the Peninsula Planning District Commission have identified a strategy for a transportation financing; and Whereas many of the strategies suggested in the Planning District Commission's plan are fundamental departures In the policies of the Commonwealth; and Whereas the Federal Surface Transportation Act is due to expire in 1991 and if not reauthorized will end Federal funding for Interstate, urban, and primary roads. Now therefore be it resolved by the col,.ncil of the City of Virginia Beach that the General Assembli, of Virginia is requested to authorize and fund a study of tlne transportation needs, and develop methods to fund those needs only if the state and federal government refuse to carry cl,,it their moral and legal responsibilities to provide transportation syste,ms fundilng; and Be it further resolved that this st-udy resolut.ion be funded by the Commonwealth as a mini Coramission on Transpoi:tation in the 21st Century with representation from state, anti local elected officials, appointed officials, local business groiips, citizens and the Virginia Department of Transportation; and- whereas, this body should provide recommendations to the 1991 Session of the General Assembly; and Be it further resolved that this study commission should, as part of its work, also include in its consideration what level of service the citizens can expect from increased expenditures on transportation projects, how transportation decisions will be tied to land-use, how increased financing of transportation projects will affect the economic viability of the City including the tax burden of its citizens, and Be it further resolved that the study should include limitations to any financing authority or agency suggested to be created so as to not allow the authority or agency any taxing authority or any authority to carry out projects other than surface transporation related, and that revenue raised within the City of Virginia Beach should be used directly for the benefit of the City of Virginia Beach; and that the report of the study commission should be disse-iinated to local governments for review and comment before it is transmitted to the General Assemblm of Virginia; and Be it further resolved by the Council of Virginia Beach that the Congressional Delegation from Virginia is 17equested to aggressively pursue the re-authorizaticn of the Surface Transportation Act and that this pursuit include the examination of the possibility of tolling the existing interstate highways where it is appropriate; and Be it further resolved that the balance in the Federal Highway Trust Fund be drawn down and used for- the purposes for which it was originally intended. Adopted by the Council of the City of Virgini,.a Beach on 18 day of December 1 1989. - 16 - Item IV-G.2 RESOLUTIONS ITEM # 32187 Upon motion by Councilman Balko, seconded by Councilwoman Parker, City Council ADOPTED: Resolution supporting legislation which will designate real and personal property owned by VIRGINIA BEACH ECUMENICAL HOUSING, INC. as being exempt from state and local taxation. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober and Reba S. McClanan 1 A RESOLUTION SUPPORTING LEGISLATION 2 WHICH WILL DESIGNATE REAL AND PERSONAL 3 PROPERTY OWNED BY VIRGINIA BEACH ECUMENICAL HOUSING, INC. As 4 BEING EXEMPT FROM STATE AND LOCAL TAXATION 5 6 WHEREAS, property located in the City of Virginia Beach 7 and owned by Virginia Beach Ecumenical Housing, Inc. is currently 8 subject to ad valorem taxation; and 9 WHEREAS, Virginia Beach Ecumenical Housing, Inc. has requested 10 the Council of the City of Virginia Beach to adopt a resolution in 11 support of its request that the General Assembly act in accordance 12 with Article X, S 6 (a)(6) of the Consti-ti,-tion of Virginia to 13 designate the real and personal r)roperty of Virgini-a Beach 14 Ecumenical Housing, Inc. as being exempt from state and local 15 taxation; and 16 WHEREAS, pursuant to S 30-19.04 of the Code of Virginia, the 17 Council of the City of Virginia Beach has held a public hearing 18 prior to the adoption of this Resolution and has given all citizens 19 an opportunity to be heard; and 20 WHEREAS, the Council of the City of Virginia Beach has exami-ned 21 and considered the provisi-ons of subsection (B) of S 30- 19.04 22 of the Code of Virginia: and 23 WHEREAS, the Council of the City of Virginia Beach is of the 24 opinion that Virginia Beach Ecumenical Housing, Inc. should be 25 designated as a benevolent corporation wi-thin the context of S 6(a) 26 (6) of Article X of the Consti-tution of Virginia, and that real and 27 personal property located in the City of Virginia Beach owned by 28 Virginia Beach Ecumenical Housing, Inc. and used by it exclusively 29 for benevolent purposes on a nonprofit basis should be exempt from 30 the state and local taxation; 31 THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH: 33 That the Council of the City of Virginia Beach supports the 34 enactment of legislation involving the designation of Virginia Beach 35 Ecumenical Housing, Inc. as a belevolent corporation within the 36 context of S 6(a) (6) of Article X of the Constitution of Virginia, 37 and that real and personal property owned by Virginia Beach 38 Ecumenical Housing, Inc. which i-s located within the Ci-ty of 39 Virginia Beach and used exclusively for benevolent purposes on a 40 nonprofit basis, be declared exempt from state and local taxation. 41 Adopted by a majority of the Council of the City of Virgi-nia 42 Beach on this. 18 day of December 1989. 43 44 45 46 47 48 49 - 17 - Item IV-H.1.2 PUBLIC HEARING PLANNING ITDI # 32188 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNIING 1. PLANNING - RECONSIDERATION (a) KATHLEEN R. GRIER RECONSIDERATION OF CONDITIONS CHANGE OF ZONING (5/14/84) 2. PLANNING (a) 1. VINTAGE INVESTMENT CORPORATION STREET CLOSURE 2. THE RUNNYMEDE CORPORATION STREET CLOSURE (b) PRINCESS ANNE COUNTRY CLUB NONCONFORMING USE (c) RONALD M. KRAMER CONDITIONAL USE PERMIT (d) BEACH FELLOWSHIP CHURCH VARIANCE CONDITIONAL USE PERMIT (e) BONNEY BRIGHT CONDITIONAL USE PERMIT (f) JERRY V. TEPLITZ CONDITIONAL USE PERMIT (g) WORD OF LIFE CHRISTIAN CHURCH CHANGE OF ZONING (h) ECONO LUBE N'TUNE CONDITIONAL USE PERNIT (i) AMENDMENT CITY ZONING ORDINANCE Sections 901 (a) and 1001 (a) bingo halls - 18 - Item IV-H.I.a PUBLIC HEARING PLANNING ITEM # 32189 Attorney Grover Wright, 3330 Pacific Avenue, Phone: 428-2741, represented the applicant. Attorney Wright requested RECONSIDERATION and WAIVER of the two conditions as same deprives Mrs. Grier of any use of her property. This parcel cannot be incorporated with the adjoining parcel, as same has been developed. Jerald Banagan, City Assessor, advised the B-2 parcels with Conditions pending adjacent to Mrs. Grier's property were being pulled by City Staff to determine whether these properties were assessed at the B-2 rate. However, his process would be the next subsequent July 1, and the properties would have been assessed as B-2. Gerald Banagan was fairly certain even though conditions were pending, the properties would have been assessed as B-2. Mr. Banagan advised Mrs. Grier's property has been reviewed and adjustments have been made on the tax based on the particular situation. Upon motion by Councilman Sessoms, seconded by Councilman Perry, City Council AUTHORIZED deletion of the two conditions in the Request of KATHLEEN B. GRIER for Reconsideration of Conditions in the Ordinance (ADOPTED May 14, 1984) for a Change of Zoning: ORDINANCE UPON APPLICATION OF MRS. KATHLEEN B. GRIER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-2 Z0584853 BE IT HEREBY ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGTNTA Ordinance upon application of Mrs. Kathleen B. Crier for a Change of Zoning District Classification from R-6 Residential District to B-2 Community-Business District on certain property on the south side of Indian River Road beginning at a point 609.53 feet east of Kempsville Road, running a distance of 156.02 feet along the south side of Indian River Road, running a distance of 213.42 feet along the eastern property line, running a distance of 165.40 feet along the southern property line and running a distance of 210.72 feet along the western property line. Said parcel is located at 5217 Indian River Road and contains 34,082 square feet. KEMPSVILLE BOROUGH. The following conditions shall be DELETED: 1. This parcel is to be incorporated with the adjoining parcel. 2. No additional curb cuts on Indian River Road. The following condition shall be REQUIRED: 1. One curb cut to this site is to be allowed. - 19 - Item IV-P,.l.a PUBLIC HEARING PLANNING ITEM # 32189 (Continued) Voting: 6-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Reba S. McClanan, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Barbara 11. Henley, John D. Moss, @layor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Harold Heischober - 20 - Item -H.2.al. a PUBLIC HEARING PLANNING ITEM # 32190 Michael J. Barrett, Chief Executive Officer, The Runnymede Corporation, 5101 Cleveland Street, Phone: 490-7373, represented the application Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council APPROVED, subject to Compliance by June 18, 1990, Petitions for the discontinuance, closure and abandonment: VINTAGE INVESTMENT CORPORATION (VIRGINIA BEACH BOROUGH) for a portion of Cypress Road; 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 The following conditions shall be required: 1. The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Office. 2. The applicant shall field locate the existing eight-inch sewer line, two-inch water line and water meter located within the right-of-way proposed for closure and forward the information to the Department of Public Utilities. A utility easement satisfactory to Public Utilities must be dedicated. 3. The applicant shall submit a revised ordinance closing the right-of-way to the City Attorney's Office. The redraft shall include a "save and except" clause for the utility easement referenced in condition #2. 4. A satisfactory easement must be provided to Virginia Natural Gas over the existing gas line located within the right-of-way proposed for closure. The applicant shall provide evidence to the Planning Departrient that this easement has been dedicated. 5. The applicant is responsible for making arrangements to accommodate any other non-municipal utilities which may exist in the right-of-way proposed for closure. 6. Resubdivision of the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels, as well as to ensure that all lots have access to a public street. 7. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council. (June 18, 1990) - 21 - Item IV-H.2.a.l.(a) PUBLIC HEARING PLANNING ITEM # 32190 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, 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: Harold Ileischober - 22 - Item -11.2...1. b PUBLIC HEARING PLANNING ITEM # 32191 Michael J. Barrett, Chief Executive Officer, The Runnymede Corporation, 5101 Cleveland Street, Phone: 490-7373, represented the application Buddy King, 200 Presidential Boulevard, Phone: 340-0748, spoke in OPPOSTTION. Mr. King expressed concern relative the possible rerouting of traffic through the Windsor Woods Co,,.imunity in order to gain access to the property Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council APPROVED subject to compliance by June 18, 1990, Petition for the discontinuance, closure and abandonment: THE RUNNYMEDE CORPORATION (LYNNHAVEN BOROUGH) for a portion of Race Street and Fourth Street. 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. The following conditions shall be required: 1. The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Office. 2. Resubdivision of the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels, as well as to ensure that all lots have access to a public street. 3. The applicant is responsible for making arrangements to accommodate any other non-municipal utilities which may exist in the right-of-way proposed for closure. 4. Access shall be from Rosemont Road in that portion of South Boulevard which is not cut through and extends from Rosemont Road West. 5. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council. (June 18, 1990) As per request of Councilman Moss, City Staff will research and determine the ownership of the portion of South Boulevard which is closed as same is not a public street. - 23 - Item IV-H.2.a.l.(b) PUBLIC HEARING PLANNING ITFII # 32191 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice @layor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 24 - Item IV-H.2.b. PUBLIC HEARING PLANNING ITEM # 32192 Robert Lawson, Post Office Box 627, Phone: 428-4141, represented the applicant and distributed a copy of the site plan (Said site plan is hereby made a part of the record.) Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED: Resolution authorizing the Conversion of a Nonconforming Use located at 38th Street and Pacific Avenue, property of Princess Anne Country Club, Borough of Virginia Beach. A N D, ORDINANCE UPON APPLICATION OF PRTNCESS ANNE COUNTRY CLUB FOR A CONDITIONAL USE PERMIT FOR A RECREATTONAL FACTLITY OF AN OUTDOOR NATURE (TENNIS, GOLF, GOLF MAINTENANCE) R012891269 BE TT HEREBY ORDATNED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACII, VIRIGNIA Ordinance upon application of Princess Anne Country Club for a Conditional Use Permit for a recreational facility of an outdoor nature (tennis, golf, golf maintenance) on parcels E-3, E-4, E-5, E-6 and F, Block 111, Linkhorn Park. Said parcel contains 1.78 acres. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. An approximate five- (5) foot reservation is required along Holly Road and Sea Pines Road to provide for a standard fifty-(50) foot right-of- way. 2. The lodging shall be limited to eighteen (18) units, for members only. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of December, Nineteen Hundred and Eighty-nine, - 25 - Item IV-H.2.b. PUBLIC HEARING PLANNING ITEtl # 32192 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. lfenley, Reba S. i@IcClanan, John D. @loss, @layor illeyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold fleischober Councilman Sessoms referenced his letter of November 29, 1989, which pursuant to Virginia Conflict of Interests Act, Section 2.1-639.14(G), of the Code of Virginia, DECLARED his membership in the Princess Anne Country Club. Although Councilman Sessoms is a Member, he is able to participate in the application fairly, objectively, and in the public interest. (Said letter is hereby made a part of the proceedings.) V,ILLIM 0. @S, JR. 809 GREENTREE ARCH COUNCILMAN-AT-LARGE VIRGINIA BEACH. @RGINIA 2USI 455-5732 November 29, 1989 Mrs. '.Rtith Hodges Smith, City Clerk City Clerk's office Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to S 2.1-639.14(G) of the Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, 2.1- 639.14(G) of the Code of Virginia, I make the following declaration: 1. The transaction for which I am executiiig this written di.sclosure i.s the application of the Princess Anne Country Club for a coriditional use permit. 2. The nature of my personal interest is that I am a member of the Princess Anne Country Club., 3. I am a meinber of the aforesaid club, as well as a member of the general public, which groups are affected by the transaction. 4. 1 am able to participate in the above-referenced transaction fairly, objectively, and in the public interest. ACcordingly, I respectfully request that you record this declaration in the official records of the City Council. I have also enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, soms, Jr. Enclosure APPROVED AS TO CONTENTS DEPAR'FIAENT 1 RESOLUTION AUTHORIZING THE CONVERSION APPROVED AS TO LEGAL 2 OF A NONCONFORMING USE SUFFICIENCY AND FPRM 3 LOCATED AT 38th STREET and PACIFIC AVENUE 4 PROPERTY OF PRINCESS ANNE COUNTRY CLUB, CITY ATTORNEY /.Z- 5 BOROUGH OF VIRGINIA BEACH 6 WHEREAS, the Princess Anne Country Club, hereinafter referred 7 to as the Applicant, desires to renovate and/or replace certain 8 country club facilities, including the clubhouse, pro shop and 9 other amenities currently located on the existing site; and 10 WHEREAS, the present use does not conform to the provisions 11 Of the City Zoning Ordinance because private club facilities are 12 not permitted uses in the R-7.5 Residential District; and 13 WHEREAS, pursuant to Section 105(e) of the City Zoning 14 Ordinance, City Council may authorize the conversion of a 15 nonconforming use to another nonconforming use if it finds that the 16 use as converted is equally appropriate or more appropriate to the 17 zoning district than is the existing nonconformity; 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That City Council hereby finds that the proposed country club 21 facilities located at 38th Street and Pacific Avenue, Virginia 22 Beach, Virginia, as shown on the attached Exhibit "A," are equally 23 appropriate or more appropriate to the zoning district in which it 24 is located than is the existing nonconformity; and the City Council 25 hereby authorizes the conversion of the nonconforming use in the 26 manner shown on the attached Exhibit "A,,' provided that the said 27 use complies with all building, site plan and other requirements 28 of the City of Virginia Beach. 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia, on December 18, 1989 - 26 - Item IV-H.2.c. PUBLIC HEARING PLANNING ITEM # 32193 Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000, represented the applicant Upon motion by Councilman Moss, seconded by Councilman Balko, City Council ADOPTED an Ordinance upon application of RONALD M. KRAMER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RONALD M. KRA2,IER FOR A CONDITIONAL USE PEIU4IT R012891270 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ronald M. Kramer for a Conditional Use Permit for an automotive repair establishment (sale & installation of tires) on the north side of Providence Road, 233.07 feet west of Military Highway. The parcel contains 30,492 square feet. More detailed information is available in the Department of Planning. KEMPSVTLLE BOROUGH The following conditions shall be required: 1. There shall be no outside storage of vehicles during non-business hours. 2. All repairs are to be made inside the building. No outside repairs or storage of tires or auto parts will be allowed. 3. This site is approved for light automobile repair uses only as permitted at automobile service stations and defined in Section Ill of the City Zoning Ordinance under the definition of "automobile service station". 4. Only one curb cut will be permitted from Providence Road. 5. Perimeter parking lot landscaping is required along the frontage of this site in accordance with Section 5A of the Site Plan Ordinance entitled "Parking Lot Landscaping". This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of December, Nineteen Hundred and Eighty-nine. - 27 - Item IV-H.2.c. PUBLIC HEARING PLANNING ITEM # 32193 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 28 - Item IV-H.2.d. PUBLIC HEARING PLANNING ITEM # 32194 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council DENIED the applications of BEACH FELLOWSHIP CHURCH for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by a subdivision to have direct access to a public street and aConditional Use Permit: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Beach Fellowship Church. Property is located on the west side of General Booth Boulevard, 350 feet more or less north of Gun Hall Drive. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF BEACH FELLOWSHIP CHURCH FOR A CONDITIONAL USE PERMTT FOR A CIIURCH Ordinance upon application of Beach Fellowship for a Conditional Use Permit for a church on certain property located at the southern extremity of Rollins Court beginning at a point 250 feet more or less west of General Booth Boulevard. Said parcel contains 3.3 acres. More detailed information is available in the Department of Planning. PRTNCESS ANNE BOROUGH. (Amendment to Conditional Use Permit 23, 1988 Voting: 9-1 Cotincil 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: Vice Mayor Robert E. Fentress" Council Members Absent: Harold Ileischober *Verbal Nay - 29 - Item IV-H.2.e. PUBLIC HEARING PLANNING ITFDNI # 32195 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and advised it is not anticipated to be an intensively used borrow pit. The first customer will most probably be the Pungo Ferry Bridge Project. Attorney Cromwell advised this is a "neighborhood" borrow pit Concerning the Conditional Use Permit, the City Manager distributed a copy of a Memorandum dated December 15, 1989, containing conditions agreed upon by the Staff and the applicant relating to protection of private wells in the immediate vicinity. Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPT'ED an Ordinance upon application of BONNEY BRIGHT for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BONNEY BRIGHT FOR A CONDITIONAL USE PERMIT FOR A BORROW PTT R012891271 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA Ordinance upon application of Bonney Bright for a Conditional Use Permit for a borrow pit on certain property located on the east side of Princess Anne Road, 2172 feet south of Pocahontas Club Road. Said parcel contains 29.67 acres. More detailed information is available in the Department of Planning. PUNGO BOROUGH. The following conditions shall be required: 1. Renewal of the conditional use permit is required after a five (5) year period. 2. The borrow pit will be operated in a dust-free manner. 3. Mitigation calculations will be required for filling of any floodplain prior to issuance of any permit. 4. No encroachments into any existing easements will be allowed. Access to drainage easements must be provided by the applicant over all outfall systems within the site. 5. An excavation permit is required. 6. No encroachment into natural drainage channels will be allowed. 7. In accordance with the City's current Master Street and Highway Plan and the road alignment on file in the City Engineer's Office, a right-of-way dedication will be required along Princess Anne Road to provide for an ultimate four lane undivided highway. Approximately eight feet of right-of-way dedication will be required. - 30 - Item TV-H.2.e. PUBLIC HEARING PLANNING ITEM # 32195 (Continued) 8. Dewatering of the pit will be allowed and the following are required: a. A dewatering settlement basin shall be constructed to capture suspended sediment before discharge is released into the North Landing River. b. A permit from the Virginia Water Control Board is required to discharge any water from dewatering into a State waterway. c. Pumps for dewatering shall operate only between the hours of 7:00 a.m. until 7:00 p.m., Monday through Saturday. No pumps shall operate on Sundays. d. The operator of the borrow pit shall be responsible for continuous water service for the private wells up to 1,000 feet and those within 2,500 feet if proved to be affected by this operation. e. The applicant will arrange with a water quality testing laboratory to sample and provide reports of water quality from the approximate seven private wells in the immediate vicinity. These water quality reports will be maintained as base line data, and water quality may be further examined in the future in response to any complaints or as part of a periodic sampling and testing program. f. The applicant will divert waters pumped from the borrow pit to peripheral lands in such manner that groundwater recharge will result. Existing ditches and weirs will be used to control water pumped from the pit for most effective recharge. 9. A double row of pine trees is required along the Northern, Western and Southern borders of the borrow pit operation which are visible from Princess Anne Road. 10. Operating hours shall be 7:00 a.m. until 7:00 p.m., @londay through Saturday. No Sunday operating shall be permitted. 11. Undrained pockets and stagnant pools resulting from surface drainage shall be sprayed in accordance with requirements of the State Board of Health to eliminate breeding places for mosquitoes and other insects. - 31 - Item IV-H.2.e. PUBLIC HEARING PLANNING TTEM # 32195 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighteenth of December, Nineteen Hundred and Eighty-nine. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Ilenley, 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: Harold Heischober and John L. Perry - 32 - Item IV-11.2.f. PUBLIC HEARING PLANNING ITEIM # 32196 Jerry V. Teplitz, 4317 Tillman Drive, the applicant represented himself and requested WITHDRAWAL. The City Clerk referenced letter of Jerry V. Teplitz of December 12, 1989, requesting WITHDRAWAL. Mr. Teplitz has acquired office space with the lease commencing January 2, 1990. Said letter is hereby made a part of the record. Ben Brackins, 4314 Tillman Drive, Phone: 463-6287, represented the neighbors and was not in OPPOSITION to the WITHDRAWAL but requested the existing "cease and decease" order be enforced immediately. Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of JERRY V. TEPLITZ for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JERRY V. TEPLITZ FOR A CONDITIONAL USE PERMIT FOR A HOVIE OCCUPATION (CONSULTANT) Ordinance upon application of Jerry V. Teplitz for a Conditional Use Permit for a home occupation (consultant) on Lot 5-A, Block 9, Chestnut Villa. Said parcel is located at 4317 Tillman Drive and contains 5144.7 square feet. KEMPSVILLE BOROUGli. The applicant advised he will move from his residence to a business address effective January 2, 1990. Attorney William MaCali advised when a notice to cease a violation of a zoning ordinance is given, there is no particular period of grace t.'lat is legally binding. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 33 - Item IV-H.2.f. PUBLIC HEARING PLANNING ITEM # 32197 Walter Alan Horton, 4579 Intervale Court, Phone: 467-7555, requested DEFERRAL for additional research to enable documentation of information more concisely relative to the application. Their attorney was also not able to be present. Alan Horton would like to confer with Councilman Moss concerning this application. Upon motion by Councilwoman Moss, seconded by Councilman Balko, City Cuncil DEFERRED until the City Council Meeting of January 22, 1990, an Ordinance upon application of the WORD OF LIFE CHRISTIAN CENTER for a Change of Zoning: ORDINANCE UPON APPLICATION OF WORD OF LIFE CHRISTIAN CENTER FOR A CHANGE OF ZONING DTSTRICT CLASSIFICATION FROM R-5D TO B-2 BE IT liEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Word of Life Christian Center for a Change of Zoning District Classification from R-5D Residential Duplex District to B-2 Community Business District 520 feet more or less southwest of the intersection of Princess Anne Road and Lynnhaven Parkway. Said parcel is located at 4101 Princess Anne Road and contains 8.23 acres. @lore detailed information is available in the Department of Planning. KEMSPVILLE BOROUGH. Voting: 10-0 Council @lembers Voting Aye: Albert W. Balko, John A. Baum, Vice Nlayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 34 - Item IV-H.2.g. PUBLIC HEARING PLANNING ITEM # 32198 The City Clerk advised Attorney Buster O'Brien had telephoned requesting WITHDRAWAL, but representation was not in attendance. Lee A. Gifford, 4661 Haygood Road, Phone: 464-9317, registered in OPPOSITION, but did not speak. Upon motion by Councilman Perry, seconded by Councilman Baum, City Council DENIED an Ordinance upon application of ECONO LUBE N'TUNE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ECONO LUBE N' TUNE FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR GARAGE ON CERTAIN PROPERTY Ordinance upon application of Econo Lube N'Tune for a Conditional Use Permit for an automobile repair garage on certain property located on the east side of Independence Boulevard, 600 feet north of floneygrove Road. Said parcel contains 37,461.6 square feet. more detailed information is available in the Department of Planning. BAYSIDE BOROUGH. Voting: 10-0 Council infembers Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober This item was MOVED FORWARD prior to PLANNING ITEM H.2.a.l.(VINTAGE INVESTMENT CORPORATION/THE RUNNYMEDE CORPORATION). - 35 - Item IV-H.2.h. PUBLIC HEARING PLANNING ITEM # 32199 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to Amend and Reordain Sections 901 and 1001 of the City Zoning Ordinance pertaining to Use Regulations for Bingo Halls. Voting: 7-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Mayor Meyera E. Oberndorf, John L. Perry* and William D. Sessoms, Jr. Council Members Voting Nay; Reba S. McCianan, John D. Moss and Nancy K. Parker Council Members Absent: Harold Heischober "Verbal Aye AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 901 AND 1001 OF THE CITY ZONING ORDINANCE PERTAINING TO USE REGULATIONS FOR BINGO HALLS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 9, Section 901 of the City Zoning Ordinance pertaining to use regulations for bingo halls is hereby amended and reordained as follows: Sec. 901. Use Regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4 Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicted by a P or as conditional uses indicated by a C. Uses and structures indicated by an X shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use B-1 B-lA B-2 B-3 B-4 Animal hospitals, pounds, shelters, commercial kennels, provided that all animals shall be kept in soundproofed air conditioned buildings p p p p p Attached dwellings x x x x p Auditoriums, assembly halls and union halls x c p p p ------------------------------------------------------------------------------- Autobile repair garages and small engine repair establishments, provided that all repair work shall be performed within a building x x c x c Use B-1 B-lA B-2 B-3 B-4 Automobile repair establishments dealing exclusively in minor repairs of the type provided at automobile service stations x x c c c Automobile service stations; provided that, where there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty- five (25) feet in width and where lots separated by a district boundary have adjacent front yards, Cdegory VI screening shall separate the dutomobile service Stdtion use fromthe ddjdcent residential distric and no ground sign shall be withi fifty (50) feet of the residenti or apdrtment district x x c c c ------------------------------------------------------------------------------- Bakeries, confectioneries and delicatessens, provided that products prepdred or processed on the premises shall be sold only dt retail and only on the premises p p p p p Bicycle dnd moped rental establishments x x x x c Bingo Halls x x c x cx That Section 1001 of the City Zoning Ordinance pertaining to use reguldtions reguldtions for bingo halls is hereby amended and reordained as follows: Sec. 1001. Use reguldtions. (a) Principal dnd conditional uses. The following chdrt lists those uses permitted within the I-1 and I-2 Industridl Districts. Those uses and structures in the respective industrial districts shall be permitted as either principal uses indicted bY d P or as conditional uses indicated bY d C. USES dnd structures indicated bY dn X shdll be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use 1-1 I-2 Airports, heliports and helistops; p p Automobile service stations, provided that where there is an adjoining residential or dpartment district without an intervening street, alley or permdnent open space over twenty-five (25) feet in width dnd where lots separated by the district boundary have ddjacent front yards, a six (6) foot solid fence with Category VI screening shall separate the automobile service Stdtion use from the adjacent residential district and no ground sign shall be within fifty (50) feet of the residential or apartment district; c c Automotive rental, Pdrts and supply stores; provided thdt no outside stordge is included (excluding operative equipment); p p Use 1-2 Automotive repair garages; c p Automobile service establishments dealing exclusively in service dnd minor repairs of the type provided at automobile service stations; p p halls c c Adopted by the Council of the City of Virginia Bedch, Virginia, on the 18 day of December 1,yg - 36 - Item IV-I. CONSENT AGENDA ITDI # 32200 UpoD motion by Councilman Balko, seconded by Councilman Perry, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara @l. 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: Harold Heischober - 37 - Item IV-I.1 CONSENT AGENDA ITEM # 32201 Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED: Ordinance authorizing an increase from two (2) to four (4) in number of appointments that may be made to the Virginia Beach Community Corrections Resource Board by the Virginia Beach Circuit Court. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober 1 ORDINANCE AUTHORIZING AN INCREASE FROM TWO (2) TO FOUR (4) 2 IN THE NUMBER OF APPOINTMENTS THAT MAY BE MADE 3 TO THE VIRGINIA BEACH COMMUNITY CORRECTIONS RESOURCES BOARD 4 BY THE VIRGINIA BEACH CIRCUIT COURT 5 WHEREAS, by Ordinance adopted on August 10, 1981, City 6 Council, in accordance with the provisions of SS53.1-183 of the Code 7 of Virginia, established a Community Corrections Resources Board; 8 WHEREAS, as of October 31, 1989, the Board served the 9 cities of Virginia Beach and Norfolk; 10 WHEREAS, as of October 31, 1989, the Board was comprised 11 of nine (9) members -- two (2) members appointed by the Mayor of 12 the City of Virginia Beach, two (2) members appointed by the City 13 Council of the City of Virginia Beach, two (2) members appointed 14 by the Virginia Beach Circuit Court, two (2) members appointed by 15 the Norfolk Circuit Court, and one (1) member appointed by the 16 Department of Corrections; 17 WHEREAS, effective November 1, 1989, Norfolk established 18 its own Cormnunity Corrections Resources Board, thereby creating 19 two (2) vacancies on the Virginia Beach Board as a result of the 20 loss of the two appointments from the Norfolk Circuit Court; 21 WHEREAS, the City desires to maintain a complement of 22 nine (9) members on the Board; 23 WHEREAS, SS53.1-183 of the Code of Virginia provides that 24 the court serving the jurisdiction participating on the board may 25 appoint to the board an equal number of persons as are appointed 26 by the governing body of the jurisdiction. 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 That the number of members of the Virginia Beach 30 Community Corrections Resources Board that may be appointed by the 31 Virginia Beach Circuit Court is hereby increased from two (2) to 32 four (4). 33 Adopted by the Council of the City of Virginia Beach, 34 Virginia, on the 18 day of lq89 tAi 15U SIGNA--U;@E 35 RMB/sam 36 12/14/89 37 CA-89-3574 38 APPROVE@' , A; (ordin\noncode\board.ord) su - 38 - Item IV-I.2 CONSENT AGENDA ITEM # 32202 Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED: Resolution authorizing the transfer release of three Life Pak V Defibrillator Cardioscopes from Emergency Medical Services to "Operation Smile". Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. @IcClanan, 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: Harold Heischober 1 RESOLUTION AUTHORIZING THE RELEASE 2 OF THREE LIFE PAK V DEFIBRILLATOR 3 CARDIOSCOPES FROM EMERGENCY MEDICAL 4 SERVICES TO OPERATION SMILE 5 WHEREAS, the City of Virginia Beach Division of 6 Emergency Medical Services has in its inventory three Life Pak V 7 defibrillator cardioscopes, which, while no longer suitable for 8 intense continuous day-to-day operation, are nonetheless operable 9 and suitable for occasional emergency use; and 10 WHEREAS, the medical personnel of operation Smile, a 11 volunteer humanitarian medical assistance organization, has need 12 of these defibrillators, and would find them of great value, to 13 be used under conditions of operation compatible with the 14 capabilities of said equipment, 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 16 CITY OF VIRGINIA BEACH, VIRGINIA: 17 That the Director of Emergency Medical Services is 18 authorized and directed to transfer custody of said defibrillator 19 cardioscopes to operation Smile as a gesture of good will by the 20 City of Virginia Beach. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the 18 day of December 1989. 23 WEB/dga 24 LIFEPAK.RES 25 12/11/89 12/18/89 - 39 - Item IV-I.3 CONSENT AGENDA ITFII # 32203 The City Clerk referenced telephone request of Mr. Calabrese and Mrs. Cornelius, owners of the property at 100 89th Street. These property owners feel the northern end of the alley needs to be altered slightly so the City does not have to return property to them and so their garage access is not affected. Mr. Calabrese and Mrs. Cornelius requested this item be DEFERRED to enable consideration of this change. Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED: Ordinance authorizing acquisition of permanent utility and temporary construction easements for 88th/89th Streets Alley Relocation CIP Project 2- 837, either by agreement or condemnation. Councilman Balko advised the majority of those affected have signed all the necessary agreements and wish same constructed immediately. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, illayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PERMANENT UTILITY AND TEMPORARY CONSTRUCTION 3 EASEMENTS FOR 88TH/89TH STREETS ALLEY 4 RELOCATION PROJECT, EITHER BY AGREEMENT OR 5 CONDEMNATION 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 project for public purposes for 10 the preservation of the safety, health, peace, good order, 11 comfort, convenience, and for the welfare of the people in the 12 City of Virginia Beach: 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 section 1. That the City Attorney is hereby authorized and 16 directed to acquire by purchase or condemnation pursuant to 17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1- 18 89, et seq., Code of Virginia of 1950, as amended, all that 19 certain real property for permanent utility and temporary 20 construction easements as shown on the plans entitled 21 "RECONSTRUCTION OF ALLEY BETWEEN 88TH STREET AND 89TH STREET," 22 these plans being on file in the office of Real Estate Department 23 of Public Works, Virginia Beach, Virginia. 24 Section 2. That the City Attorney is hereby authorized to 25 make or caused to be made on behalf of the City of Virginia 26 Beach, to the extent that funds are available, a reasonable offer 27 to the owners or persons having an interest in said lands, if 28 refused, the City Attorney is hereby authorized to institute 29 proceedings to condemn said property. 30 That an emergency is hereby declared to exist and this 31 ordinance shall be in force and effect from the date of its 32 adoption. 33 Adopted by the council of the City of Virginia Beach, 3 4 Virginia, on the 18 day of December 19 89 35 36 37 38 39 40 41 42 43 44 45 JAR/ih 46 CA-3568 47 \ordin\noncode\stumpy.ord FORM RNEY FORT STORY (US,4RMY) ATLANTIC JE OCEAN SEASHORE_ TATE PARK RECONSTRUCTION OF ALLEY BET 88TH STREET AND 89TH STRE - 40 - Item IV-I.4 CONSENT AGENDA ITEM # 32204 Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED: Ordinance authorizing acquisition of permanent easements for Stumpy Lake Hydraulic Study and Drainage Improvements (CIP 2-815) (Charlestowne Lakes South Canal), either by agreement or condemnation. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor @leyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PERMANENT EASEMENTS FOR STUMPY LAKE HYDRAULIC 3 STUDY AND DRAINAGE IMPROVEMENTS (CHARLESTOWNE 4 LAKES SOUTH CANAL), EITHER BY AGREEMENT OR 5 CONDEMNATION 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 project for public purposes for 10 the preservation of the safety, health, peace, good order, 11 comfort, convenience, and for the welfare of the people in the 12 City of Virginia Beach: 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 Section 1. That the City Attorney is hereby authorized and 16 directed to acquire by purchase or condemnation pursuant to 17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1- 18 89, et seq., Code of Virginia of 1950, as amended, all that 19 certain real property for permanent easements as shown on the 20 plans entitled "CHARLESTOWNE LAKES SOUTH CANAL C.I.P. #2-815 21 (STUMPY LAKE HYDRAULIC STUDY AND DRAINAGE IMPROVEMENTS)," these 22 plans being on file in the Office of Real Estate Department of 23 Public Works, Virginia Beach, Virginia. 24 Section 2. That the City Attorney is hereby auth6rized to 25 make or caused to be made on behalf of the City of Virginia 26 Beach, to the extent that funds are available, a reasonable offer 27 to the owners or persons having an interest in said lands, if 28 refused, the City Attorney is hereby authorized to institute 29 proceedings to condemn said property. 30 That an emergency is hereby declared to exist and this 31 ordinance shall be in force and effect from the date of its 32 adoption. 33 Adopted by the council of the City of Virginia Beach, 34 Virginia, on the 18 day of December 1 9 89 35 36 37 38 39 40 41 42 43 44 45 JAR/ih 46 CA-3567 TENTS 47 \ordin\noncode\stumpy.ord 'O LE-@AL FORM 61TY ATTORNEY c, ~; Shlmp¥ Lake GC enlervilh: : ~: cl City of No Ik ~ ~ City C? STUMPY LAKE SOUTH CANAL ~ C.I.P. -#2-815 (STUMPY LAKE HYDRAULIC STUDY AND DRAINAGE IMPROVEMENTS) SCALE 1" = 1,600' - 41 - Item IV-I.5 CONSENT AGENDA ITEM # 32205 Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED: Ordinance authorizing a temporary encroachment into the City's property known as Island Lake, to Dr. Connie Pozniak (2413 Broad Bay Road) (LYNNHAVEN BOROUGH). The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must submit, and have approved a traffic control plan before commencing work within the City's right-of-way. 5. The owner must obtain an approved waterfront permit. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober 1 Reqtiested by Department of Public Works Aiq ORDTNANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT 4 INTO THE CITY'S PROPERTY KNOWN AS ISLAND LAKE, TO DR. CONNIE POZNIAK, HER 7 HEIRS, ASSIGNS AND 8 SUCCESSORS IN TITLE 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 'O BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof i2 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 13 Dr. Connia Pozniak, her heirs, assigns and successors in title, is 14 authorized to construct and maintain a temporary encroachment into 15 the City's property known as Island Lake. 16 That the temporary encroachment herein authorized is for 17 the purpose of installing a bulkhead and allowing two existing 18 piers to remain in place, and that said encroachment shall be 1-9 constructed and maintained in accordance with the City of Virginia @O Beach Public Works Department's specifications as to size, 1 21 alignment and location, and further that such temporary 22 encroachment is more particularly described as follows: 23 An area of encroachment on the City's property 24 known as Island Lake, as shown on that certain 25 plat entitled: "PROPOSED BULKHEAD & FILL IN ,)6 ISLAND LAKE AT VA BCH. COUNTY OF -------- STATE 1 27 VA. APPLICATION BY C. POZNIAK SHEET 2 OF 3 DATE 28 6-21-89 SCALE Ill = 401 , " a copy of which is on 29 file in the Department of Public Works and to 30 which reference is made for a more particular 31 description. 32 PROVIDED, IIOWEVER, that the temporary encroachment herein 33 authorized shall terminate upon notice by the City of Virginia 34 Beach to Dr. Connie Pozniak, her heirs, assigns and successors in 35 title, and that within thirty (30) days after such notice is given, 36 said encroachment shall be removed from the City's property known 37 as Island Lake, and that Dr. Connie Pozniak, her heirs, assigns and 38 successors in title, shall bear all costs and expenses of such 39 removal. ,10 NND, PROVIDED FURTHER, that it is expressly understood 41 and agreed that Dr. Connie Pozniak, her heirs, assigns and 42 successors in title, shall indemnify and hold harmless the City of 43 Virginia Beach, its agents and employees from and against all 44 cl.aims, damages, losses and expenses including reasonable 45 attorney's fees in case it shall be necessary to file or defend an 46 action arising out of the location or existence of such 47 encroachment. 48 AND, PROVIDED FURTHER, that this ordinance shall not be 49 in effect until such time that Dr. Connie Pozniak executes an 50 agreement with the City of Virginia Beach encompassing the 51 aforementioned provisions. 52 Adopted by the Council of the City of Virginia Beach, 53 Virginia, on the 18 day of December 19 89 54 JAS/jls 55 11/30/89 56 CA-89-3563 57 (ordin\noncode\pozniak.ord) @PROVED AS TO CC) S 'A 2 7F.Tf7, 7\1-@,RET,..DIENT, @(d@ty of th@.@ CTTY ')F V.ERI-L7NTA @@El,@CT-1. VTRC@INTA, 'Jratl-on, PdLty o-F thc part, -I,,id DR. CONNTE Corl) 2OZ@TIAK, @IER HEIRS, A@-"@@IC,@S @%Ni) SUCCE'l-SC)RS IN TITLE, r@arl-y of the o i i d p a r t W T -1, @cT E S --, E T E: '-Oh,t, "VIIERFAS, it j-- proposed by th-- party C)f the .-,econd pa-.t to install, @A b@ilkhead and '.eave two existi.ng piers -Ln p@-&.tco iii @-lie -lity of Vi-Lgi-nia Beach; and "'71ir.TZE,.AS, in al.lo@,,,ing -.lie i-nstallation of @,uch bul.khead :.@nd .illo,,@,-"Lng ich piers to r,@mc,,in @.n p'-ace,, it is nece--sary t-hat -.Ii- said party of the second part enc-,o-ach ;n@L-,o the City's Droperty kriawii as -Isialid La.ke; and sa.@d party c)f the second part has reques,-ed -Lhat the party ot the first part grant a temporary @@ici,c)acliinont to fa--iiitatc, tho irist@-liat:ion of such bulkhcad and siich p',-crs to rcinai-n @@n pl.ace c)n "he @-ity's property nowri as Islaiid Lake. 3.4')W, TFIEREFORE, for and in consideraL;@On of the 1-@l:(21TIises aiid of tlio bcriefils accrllil@g c)i to accrue to th(' party o@E the secc)iid part and fDr thr-_ @urther consideration of One Dollar ($1.00), in liai-id paid, tc) the said party o@' the. first ('@PTN pai't, reccipt o,f whicii is hc,.ioby a@c,,knowledged, Llic, party of the first part dc)th g:cant to tlic party of -,.he sccond part a temporary elicroachmeiit to iise the city'F, pLopc,.-ty knc)wn as Islaild Lake fc)r the piirpose of allowing the installation of- such bulkhead and for allowing such p'lers to remaiii in place. -It is expressly understood and agreed that such t.emporary encroaci-iment will be cc)nstructed and maintained i.@l accordarice with the la@is of l-.hc Conutionwealth of V',-rginia and the City of Virginia Beach, and in acco@@-darlcr_, with the City cif Virgin-@@a -Bcach Pliblic-, Works Dc-,,partment's sp-cifications and approvai as to sizc,, aligniiient aiid location and is inore particularly described as fc)llows, to wit: Aii ared of ciicroachnicii'l- @n thc, C;-Lyls property known as Island Lake, as shown on that certain plat entitled: "PROPOSED BIJL@HEAD & FILL IN !SLAND LAKE AT VA BCH. C,'OUNTY OF S'L@ATE VA. APPLICATION BY C. POZNIAK SIIEET 2 OF 3 DATE 6-21-89 SCALE 1" = 401 , " a copy of which is attachcd hereto a.s Exliibit "A" and to which r(,,ference is made fo.t a niorc,, particular doscripLion. It is furthor expressly understood and agreed that the t(,fnporary cncroachincnt herein authorized shall tern)inate upon iic)tice by the -lit-v of Virgini-a Beacli to the IDarty of the Second part, and that within thirty (30) days after such notice is given, such temporary encroachmcnt shall bc-, reinoved frorn thc City's property known as Island Lake by the party of the second part; and that -@he party of the sc,,cond part shall bear all costs and expenses of such removal, 2 expic-,ssly undcrstood and agreed that the pa@ty c-,f Lhe S(-'cond part Shall i,ndem,ify and hold harmless the Ci,l,y -if Virginia B(-@ach, its agc-,,nts and erriployees, from and -agaiiist all claims, damages, lo-,ses and (-'xpenses j-ncluding ceasonable attortle,,,F@ fees in case it shall be necessary to file @).i: t-l(-'fend an actic)n arl.sj-ng out o, thc c tion r eyistence of such tcaiporary encroachment. j_ Sfiirther expressly undcrstood and agreed that Yiotliing herein c()ntai,,Ied @hall be construed to enlarge such I)errnission and authority to perinit the maintenance or ,@,c)nstrljctic)n c)f any encroach.Inerlt other than that specified herein ,-tnd to the ld.mited extent sPeci.fi-ed hc-,.re4n, nor to permit the niadnteiiance and construction c)f a-ny encroacliment by anyone other 'l-lhan the party of the second part. It '-s further expressly understood and agreed that the party of the second part agrees to maintain said encroachmen" so as not to become i-insightly or a hazard. Tt is flirthor cxpress"y understood and agreed that the party of -@he secorid p@irt inust subinit aiid have approved a traffic co.,,itrol plan before ccitimcric-ing viork on th(-' CitY's property. Til-. is flirther oxpressly unde@cstood and agreed that the ,,)arty cf 'he ,.@,ecorid p@irt shall obtain an approved waterfront periiij-t: bofore co,7ffporicing viork on -,he City's property. -it is -Lurther expressly @inders@ood and agreed that the party of the first part, upon revocation of such authority and perm:Ls@-ion so grantE-,,d, m-ay reinove any sucli encroachment and 3 Ilic-, cc),@L -o tlic, party of ulic secoi-id part, and 'che -(:)st @@l jlrjy itiarincr prc)vided by law fot the cc)lloctiorl C)I: s'cate taxos; inay requirc- thc, party of the second part Lo reffiove such temporary encroacliine,it; and pending such removal, "@-he paity of thL, firsl. parl- may charge the party of the second part coinpensation @lor the use of @3uch portion of the City's .Cight-of-way encroached upon tlie eq,,Iivalent of what would be thc roal property tax upoii the land so occupied if it were owned by @he part@@, of the second part; and if such removal shall not be inade withi.i-i the timc, ordered hc-,reiiiabovo by this Agre-oment, tlie Ci-@y stiall @@mpose a p--n@ilty iii the siii,,t of Orie Hundred Dollars ($100.00) per day for each and every day that such encroachment is allc)wcd to coiitinue tlicrcaftei-, and shall collect such compeiisal-ioi-i and penalties in any mannc7 provided by law for the cc)ll.c,,ction of local or state taxes. TN WITNESS WHEREOF, Dr. Connie Pozniak, the said party I of 'l-hc -,:3c,,c,,oiid Ijart, has -@aused this Agreement to bo exccuted by @ier sigiiature and seal duly affixed. Further, that the City of Virgiiiia Beacii has caused this Agreemciit to be cxe--uted in its iiariic aiid c)n @its bc.,half by its City Manager and its seal be ,i(-,reun'-o affixed and attested by its Citv Clerk. CT'i'Y OF VIRGINIA BEACII By 1-ity Manager ATTEST: City ','lc-,rk 4 (SF.AL) ,'@,TATE -OF VTTGIN!7i CITY OF V-P,-@TNTA BEACH, to-wit: 1, I a Notary 'Pi-iblic in and for the City and State aforesaid, do heroby certify -,hat AUDREY ',7. WATTS, JR., Citv Manager for the CTTY OF VTRGINIA BEACH, whose name is signed to the foregoing Agreement bearing ,.Jate on the day of acknowledged 19 haF- .he same bc,,fore me in my Citv and State afc)resaid. GTVEN under my hand this _ day of My --oitgni.ssion Expires: Notary Public F@-IATE C)F VIRGINTK "'--'I'Y OF VIRGINI-A BEAC!I, to-wi-t: I, , Ei 14c)tary Public in aiid for 'h-- City aiid Stal-I aforesaid, do hereby certify that @RUTH HODGES SMTTII, 0-ity '@'lerk fc)r the CITY OF VTRGINIA BEACH, @,7h@z)sc iiame i.s signc!d to the fc)rcgoing Agr(leme-nt bearing d@ate on Lho Lav of 1 @9 I _, has acknowledged the samc before i,,Ic in my -,iLy and -'.tat(,. aforesaid. G-IVEN under iiiy harid thd-s day of 19 otary Piibl c illy @-oTffnissi-on Expi.res: 5 @TA7E OF VIRGINIA C'rTY (jF VIRGI@IIA to'-wil.: -1 NoLary Pu-blic T tho City dnd tale aforesaid, do heieby certify that .,)r. -lonilic Pc)zniak, whose nanc ].s signed tc) the foregoing 'ting, bearing datc, tlie day ,Df wr@ @.-@as acknowledgcd the samo 'Dc,,forc nc- in my City and State af c)i,-2said. n kirider my liand '.his day cf 1.9 ,@IY --Olnmis-licii Expires@ a t c, 11//30/39 ,,A-89.-3563 1. ((@"cru@acii\pozriiak. agr) S]Gr@ATL!:Z@ EXFIIBIT "A" AY HU@irli@l@C KIJL.-H@j Yll',Ai,li,OX 120 NI) F 12 RE-, (D@l I-INE @IOTF-S: C)N FACL OF [-.XIST, PLf<. HD, 2) NO F)I@-CERNA13LE DIAII. HAI-@I FILL. PIFF@' TO PE RFt,@.,@l@Fv', AS @IEED B@ ... 5) AVC@, VVATER BFPTI@ AT M LV@ = 2,0 C-) \IAX E@,CR, 2.0' '13AY ROAD vrJT- r@cs,@ vi GL\I\L y- AT CUUNIY OF STATE 2 @ATI , V THIS IS NOT A SUBDIVISION PLAT 56 13AY h"IYPIIII@ El LOCATION MAP r DEIARI.@, 01 "U.L C @O@KS OIFICE 01 REIL EST@TE MUNIC PIL CENTER (B.) ", @16, 'IRG @'A BEAC@ VIRG NIA 23@56 90,@ OCT 9 1989 MEMO TO: Kevin J. Cosg,o,,) Acting City Attorney FROM: C. Oral Lambert, Jr. Public Works Department SUBJECT: Encr.achment Request 2413 Broad Bay Road Proposed Bulkhe@,d and Existing Wooden Piers Dr. Connie Pozniak has requested permission to n,r,ach into the City's property known as Island Lake. The purpose of the request is to all,w th, installati-on of a proposed bulkhead and two exis"in., Diers to r ... in. After a thorough @nvestigation of this encroachment, @t is my recommendation tha@@ the applicant agree to the folloiiing conditior-s:' 1. The owner a,rees to remove the encroachment @,@hen notified by the CitY ol@ Virginia Beach, at no expense @lo the City. 2. The owner agrees to keep and hold the C@-ty @rce and har,l... any liability as a result of the encroa,hmen@. 3. The owner agrees to maintain said enc,oa,hm,,@@ so as not to become ur@ightly or a hazard. 4. The owner must oubmit, and have approved, a traffic control plan before commencing worlc within the City's r@@ght of way. 5. The owner must obtain an approved wate-front permit. Mr. Kevin J. "osgrove Pa e 2 Pleaso have an agreement prepared and @orward same t, 'he Office of Real Estate. The attached plat showin,. the location of th, ,c,,achment is suitable a,- an exhibit to record with the agreement. Should you have any questions, please advise. co At@@achment - 42 - Item IV-1.6 CONSENT AGENDA ITEM # 32206 UPon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED: Ordinance to TRANSFER $70,000 to Project 5-304 small line improvements to replace deteriorated water lines serving the Diamond Springs Apartment Complex. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober 1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF 2 $70,000 TO PROJECT 5-304 SMALL LINE IMPROVEMENTS 3 TO REPLACE DETERIORATED WATER LINES SERVING 4 THE DIAMOND SPRINGS APARTMENT COMPLEX 5 WHEREAS, the Capital Improvement Program includes project 5-304 Small 6 Line Improvements which allows for the replacement of existing undersized 7 and/or deteriorated water mains throughout the city; 8 WHEREAS, approximately 1500 feet of water lines throughout the Diamond 9 Springs Apartment Complex have severely deteriorated due to corrosive soils 10 resulting in the need for frequent repairs of leaks; 11 WHEREAS, failure to replace the deteriorated water lines will result in 12 substantial maintenance costs in tbe future and will result in interruptions of 13 water service for area residents; 14 WHEREAS, due to the unanticipated repair costs, an additional $70,000 15 is needed in project 5-304 with the funds to be transferred from project 5-306 16 Water Request and Agreement Projects since individual projects have been 17 identified and funded in the CIP and remaining funds in project 5-306 are 18 adequate to handle anticipated costs in the current year. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That funds in the amount of $70,000 are bereby transferred from project 22 5-306 Water Requests and Agreement Projects to project 5-304 Small Line 23 Improvements to replace deteriorated water lines in the Diamond Springs 24 Apartment Complex. 25 This ordinance sball be in effect from the date of its adoption. 26 Adopted by the Council of the City of Virginia Beach, Virginia on the 27 18 day of December 1989. API?ROVED AS TO COiNTr-61'@IT-) SIGI@A-I.J:!E DEPAf@,t,'.@NT AF@,7CVED /,S T:D LE,-,AL .';UFFIQWNCY UD FOIIM CITY ATTOR',4EY - 43 - Item IV-I. 7 CONSENT AGENDA ITEM # 32207 Upon motion by Councilman Balko, Seco,,d,d bY Councilman Perry, City Council ADOPTED: Ordinance to TRANSFER $60,000 Dam Neck Road, Phase I, to cover utility betterment costs in awarding the construction contract to English Construction Company. AND, APPROVED: LOW BID: ENGLISH Dam Neck Road Phase I, $11,362,336.60 CONSTRUCTION CIP 2-039, 5-996, 6-963 COMPANY Voting: 10-0 Council 14embers Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober I AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF 2 $60,000 TO PROJECT 6-963 DAM NECK ROAD-PHASE I 3 TO COVER UTILITY BETTERMENT COSTS AND 4 TO AWARD THE CONSTRUCTION CONTRACT 5 WHEREAS, the city has recently received bids for construction of Project 6 2-039 Dam Neck Road-Phase I with the low bid of $11,362,336.60 received from 7 English Construction Company; 8 WHEREAS, the construction of the above road includes water and Sewer 9 utility betterments which will be charged to projects 5-996 Dam Neck Road- 10 Phase IWater and 6-963 Dam Neck Road-Phase I Sewer; 11 WHEREAS, to cover the cost of utility betterments including 12 contingencies, additional funding will need to be transferred into project 13 6-963 in the amount of $60,000; 14 WHEREAS, the $60,000 needed may be transferred from project 15 5-996 Dam Neck Road-Phase I since bid prices were lower than anticipated thus 16 allowing the transfer of funds to other utility projects as needed; 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That funds in the amount of $60,000 are hereby transferred from project 20 5-996 Dam Neck Road-Pbase I Water to project 6-963 Dam Neck Road-Phase I Sewer 21 to provide for sewer utility betterment costs. 22 BE IT FURTHER ORDAINED: 23 That the construction contract in the amount of $11,362,336.60 is hereby 24 awarded to English Construction Company. 25 This ordinance shall be in effect from the date of its adoption. 26 Adopted by the Council of the City of Virginia Beach, Virginia on the 27 18 day of December 1989. APPROVED AS TO COi'4)'r-i,; la APPRO%VED AS TO LE%IJAU- - 44 - Item IV-I.8 CONSENT AGENDA ITEM # 32208 Upon motion by Councilman Balko, seconded by Councilman Perry, City Council APPROVED: LOW BIDS: NORFOLK DREDGING Dredging Eastern Branch $2,128,000.00 COMPANY Lynnhaven R4-ver, CIP 2-712 WOODINGTON Lynnhaven Pump Station $1,311,483.00 CORPORATION Modifications, CIP 5-835 GEORGIA ELECTRIC Traffic Signalization/ $ 298,574.76 COMPANY Various Intersection Projects, CIP 2-816 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, lqayor 14eyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 45 - Item IV-I.9 CONSENT AGENDA ITEDI # 32209 Upon motion by Councilman Balko, seconded by Councilman Perry, City Council APPROVED: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY ATLANTIC LIMOUSINE, INC. Voting: 10-0 Council Members Votin.- Aye: Albert W. Balko, John A. Baum, Vice k@'ayor Robert E. Fentress, Barbara 1,1. 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: Harold Heischober - 46 - Item IV-J.1. APPOINTMENTS ITEM # 32210 UPon NOMINATION by Councilman Ball@o, City Council REAPPOINTED: BOARD OF BUILDING CODE APPEALS New Construction Division Robert L. Yoder Two year term from 1/1/90 - 12/30/91 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice @layor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, imayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry a,,d William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 47 - Item TV-J.2. APPOINTMENTS ITEM # 32211 Upon NOMINATION by Councilman Moss, City Council APPOINTED: CENTRAL BUSINESS DISTRICT COMMISSION W. Robert Jones Chairman (effective immediately) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice @layor Robert E. Fentress, Barbara M. Henley, Reba S. @'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: Harold Heischober - 48 - Item IV-J.3. APPOINTMENTS ITEM # 32212 BY CONSENSUS, City Council CONFIRMED Virginia Beach Circuit Court recorded APPOINTMENT: COMMUNITY CORRECTIONS RESOURCE BOARD Esther T. Ricks Joseph J. Basgier Two Year terms 1/1/90-12/31/91 These appointments are in compliance with new legislation and increases the Circuit Court representation from two to four (See Item No. 32201) - 49 - Item IV-J.4. APPOINTMENTS ITFY1 # 32213 Upon NOMINATION by Councilwoman Parker, City Council REAPPOINTED: COMMUNITY SERVICES BOARD Priscilla M. Beede Robert B. McKenna Three Year terms 1/1/90 - 12/31/92 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M@. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 50 - Item IV-J.5. APPOINTMENTS ITEM # 32214 Upon NOMINATION by Councilwoman Henley, City Council REAPPOINTED: PENDLETON PROJECT MANAGEMFNT BOARD Mary Sue Bright Three Year term 1/1/90 - 12/31/92 Voting: 10-0 COuncil Members Voting Aye: Albert W. Balko, Joh, A. Baum, Vice @layor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor @leyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 51 - Item TV-J.6. APPOIN S ITEM # 32215 UPOn NOMINATION by Councilman Baum, City Council REAPPOINTED: PLANNING COMMISSION E. R. Cockrell, Jr. - At Large Barbara J. Ferguson Princess Anne Donald H. Horsley Black,,ter Barnett Thoroughgood At Large 4-year terms 1/1/90 12/31/93 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor I'leyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council @lembers Voting Nay: None Council @lembers Absent: Harold Heischober - 52 - Item IV-J.7. APPOI ITEM # 32216 Upon NOMINATION by Councilman Sessoms, City Council REAPPOINTFD: RESORT AREA ADVISORY COMMISSION William G. Dillon Patrick R. Gomez Lawrence R. Siegel Three Year terms 1/1/90 - 12/31/92 AND, APPOINTED: Joseph W. Hood Rabiah Levinson Three Year terms 1/1/90 - 12/31/92 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice @layor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, @layor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 53 - Item IV-J.8. APPOINTMENTS IT24 # 32217 Upon NOMINATION bY Councilman Perry, CitY COuncil REAPPOINTED: SCHOOL BOARD M. Boyd Jones Bayside Borough Three Year term I/i/go - 12/31/92 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. @McClanan, John D. Mioss, Mayor Meyera E. Obernd.rf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: @Iarold Heischober - 54 - Item IV-J.g. APPOINTNMS ITEM # 32218 Upon NWINATION by Councilwoman McClanan, City Council REAPPOINTED: SCHOOL BOARD Robert W. Hall Princess Anne Borough Three Year term 1/1/90 - 12/31/92 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. I'loss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 55 - Item IV-J.10. APPOINTMENTS ITEM # 32219 Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTFJ): SCHOOL BOARD Gerald G. Gibbs Virginia Beach Borough Three Year term 1/1/90 - 12/31/92 Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Mer@qbers Abstaining: John D. Moss Council Members Absent: flarold Heischober Councilman Moss VERBALLY ABSTAINED in order to reflect the feelings of his constituents in the Kemspville Borough concerning Mr. Gibbs' behavior relative the redistricting issue. The City Clerk referenced Councilman Moss's letter of @larch 30, 1989, which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED although his wife is a teacher with ttie Virginia Beach School System, he is able to review and approve or deny APPOINTMENTS regarding the School Board fairly, objectively and in the public interest. (Said letter is hereby made a part of the proceedings.) JOHN D. MOSS 4021 GLEN ROAD COUNCILMAN VIAGINIA BEACH. VIRGINIA 23452 KEMPSVILLE BOROUGH (804) 490-0318 March 30, 1988 Mrs. Ruth Hodges Smith, CMC City Clerk Municipal Center Virginia Beach, VA 23456 Re: School Board Budget Dear Mrs. Smith: Pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., I make the following declaration: 1. As a member of the City Council of the city of Virginia Beach, I have a duty and responsibility to the citizens of Virginia Beach to review, make recommendations and approve or deny the School Board budget, and I intend to carry out said duties as fairly and faithfully as I can; and 2. Pursuant to the State Conflict of Interests Act prior to taking any action on the School Board budget, I am disclosing that my wife is a teacher in the Virginia Beach school system; and 3. My wife, as a teacher in a profession, occupation and group along with several hundred other teachers, could possibly be affected by City Council's vote on the School Board budget; and 4. I am able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest even though my wife; is one of many teachers within the school system. Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance and cooperation in this matter. y t5uly yours, @9D @@ ncilmember JDM/CJS/awj cc: Paul A. Sciortino, Commonwealth Attorney - 56 - Item IV-J.11. APPOINTMENTS ITEM # 32220 BY CONSENSUS, City Council RESCHF;DULED APPOINTMENTS: VIRINIA BF-ACH COMMUNITY DEVELOPMENT CORPORATION VOLUNTEER COUNCIL - 57 - Item IV-J.12. APPOINTMF.NTS ITEM # 32221 BY CONSENSUS, City Council CONFIRMED Virginia Beach Circuit Court recorded REAPPOINTMENT: BOARD OF ZONING APPFALS John S. Waller Five Year Term 1/1/90 - 12/31/94 - 58 - Item IV-L.I. NEW BUSINESS ITEM # 32222 John 0. Parmele, 1316 Yawl Point, Phone: 481-1259, spoke in OPPOSITION. The City Clerk advised Colonel Robert Engesser, 5290 Vestry Drive, Phone: 499- 3157, registered but left early. Kenneth Watson, Phone: 498-8615, registered his OPPOSITION by telephone call to the City Clerk. The City Manager advised events and trends occurred during the 1989 tourist season which impacted the competitiveness of Virginia Beach from a tourism, marketing and economic development perspective. The development and implementation of a National Marketing Communications Program will be a step towards accomplishing the City's goals. Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to Transfer $300,000 from Public Works Dredge Operations Unit FY 1989-1990 Operating Budget for the Purpose of Providing Enhanced National Marketing Communications Support. Voting: 8-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, John D. Moss, Ilayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and John L. Perry Council Members Absent: Harold Heischober I AN ORDINANCE TO TRANSFER $300,000 FROM PUBLIC WORKS DREDGE 2 OPERATIONS UNIT FY 1989-1990 OPERATING BUDGET FOR THE 3 PURPOSE OF PROVIDING ENHANCED NATIONAL 4 MARKETING COMMUNICATIONS SUPPORT 5 WHEREAS, events and trends occurred during the 1989 tourist season 6 which impacted the competitiveness of Virginia Beach from a tourism, marketing 7 and economic development perspective; 8 WHEREAS, it is necessary to address these trends and events through 9 improved outreach to all our constituencies and markets; 10 WHEREAS, it is in the city's interest to maintain the tourist 11 industry and be able to reflect the true Virginia Beach to all potential 12 visitors; 13 WHEREAS, the development and implementation of a National Marketing 14 Communications Program at a cost of $300,000 will be a step towards accomplishing 15 these goals; 16 WHEREAS, the transfer of $300,000 is available from within tbe FY 17 1989-90 Operating Budget of the Public Works Dredge Operations unit. 18 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA that $300,000 be transferred from Public Works Dredge 20 Operations for the purpose of establishing a Marketing Communications Support 21 Program; 22 AND BE IT FURTHER ORDAINED, that the City Manager is authorized to 23 enter into contracts to establish and implement such a program. 24 Adopted on this day December 18, 1 1989. 25 This ordinance shall be effective from the day of its adoption. - 59 - Item IV-@1.1. ADJOURNMENT ITw_m # 32223 Upon motion by Councilman @loss and BY CONSENSUS, City Council ADJOURNED the Meeting at 6:30 P.M. Beverly-0. liooks Chief Deputy City Clerk @ll -- @ i @ @uth liodg@ Smith, CMC My@e@. %. Obern City Clerk Mayor City of Virginia Beach Virginia