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Home My WebLink AboutNOVEMBER 28, 1988 @iti@ C)'f N7ir-ggi@icA E3@ek@" "WORLD'S LARGEST RESORT Crry' CITY COUNCIL -YOR VICE -YOR RO@E.T E. 1-@.. I,,i.. HAROW HEI-@@, M. HEN@Y, P.- -1 .@ l@R. A, 281 C@ HALL BUILDING MUNICIPAL CEWER A-1 V --, ]R,, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23.56-WO2 j D@ BIMSON, C,, A,- f8N) 427-4303 R@H HO@@ SMffH, CMCI@. Ci@ C- NOVEMBER 28, 1988 ITEM 1. CITY MANAGER'S BRIEFING - Council Chamber - 2:00 PM A. TRAr4SFER OF DEVELOPMENT RIGHTS WORKSHOP B. CIP WORKSHOP - Conference Room ITEM 11. COUNCIL CONFERENCE SESSION - Conference Rooin - 5:30 PM A. CITY COUNCIL CONCERNS ITEM Ill. INFORMAL SESSION - Conference Room - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM IV. FORMAL SESSION - Council Chamber - 7:00 PM A. INVOCATION: Reverend Frederick Grosse Lynnhaven Colony Congregational Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. MINUTES 1. INFORMAL & FORMAL SESSIONS - November 21, 1988 E. CEREMONIAL PRESENTATIONS 1. VIRGINIA BEACH SAFETY COUNCIL LIFESAVER AWARD FRANCIS WELLS c. Ordinance for the discontinuance, closure and abandonment of a portion of Alabama Road, beginning at the Eastern boundary of Rosemont Road, running in an Easterly direction to the Western boundary of Lincoln Avenue, containing 9,417 square feet in the petition of METROVEST, INC. (LYNNHAVEN BOROUGH). Deferred July 5, 1988 Recommendation: FINAL APPROVAL d. Application of STELLA M. CHANDLER for a variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance (2773 Salem Road) (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL e. Application of MICHAEL MADDOX t/a MATTY'S AUTO WORKS for a Conditional Use Permit for an automobile repair and body work establishment on the East side of South Military Highway, 1,000 feet North of Alexandria Avenue (736 South Military Highway), containing 20,038 square feet (KEMPSVILLE BOROUGH). Deferred November 14, 1988 Recommendation: APPROVAL f. Application of J. M. BRIGGS for a Conditional Use Permit for a car wash and mini-warehouse on the North side of Virginia Beach @oulevard, 180 feet East of Louise Avenue (1612 Virginia Beach Boulevard), containing 27,442.8 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL g. Application of PETER SURPRENANT for a Conditional Use Permit for an automobile repair establishment (lubrication service center) on the South side of Providence Road, 600 feet West of Kempsville Road, containing 33,106 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL h. Application of ACE AUTO GLASS, a Virginia General Partnership, for a change in a Non-Conforming Use on property located at the Northeast corner of Virginia Bea h@Boulevard and Mediterranean Avenue on Lots 1-5, Block A, Virginia Beach Park Corporation, containing 31,850 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL i. Applications of J. L. CAFFREY re property located at the Southwest corner of North Birdneck Road and Carver Avenue, containing 1 acre (LYNNHAVEN BOROUGH). Change of Zoning District Classification from A-12 Apartment @istrict Classification to B-2 Communi+y Business District Classification AND, Conditional Use Permit for a car wash and office/storage facility. Recommendation: DENIAL 1. CONSENT AGENDA Al I matters I isted under the Consent Agenda are considered in the ord inary course of business by City Counci I and wi I I be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance upon SECOND READING to APPROPRIATE $94,445 to fund nine additional temporary positions in the Sheriff's Department. 2. Ordinance upon SECOND READING to APPROPRIATE a $10,000 grant from the Virginia Council on the Environment. 3. Ordinance upon SECOND READING to APPROPRIATE $10,000 to the Department of Mental Health/Mental Retardation and Substance Abuse for early intervention planning and to fund ful I time position increases for the Mental Health/Mental Retardation Educator 1. 4. Ordinance upon SECOND READING to APPROPRIATE $285,53 to the Department of Social Services. J. UNFINISHED BUSINESS K. NEW BUSINESS 1. Application of EDWARD and EDNA McPHERSON, 5349 Blackwater Loop (BLACKWATER BOROUGH), in accordance with Section 19-19 of the Code of the City of Virginia Beach, for a free-standing mobile home in an Agricultural District for a two-year period. Recommendation: APPROVAL 2. Ordinance to AMEND and REORDAIN Section 2-20 of the Code of the City of Virginia Beach re time and place of City Council Meetings. Requested by Vice Mayor Robert E. Fentress L. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED DECEMBER 26, 1988 2:00 PM CANCELLED ItCHRISTMAS DAY HOLIDAY" JANUARY 17, 1989 2:00 PM RESCHEDULE OF JANUARY 16 "LEE-JACKSON-KING DAYI, JANUARY 30, 1989 2:00 PM RESCFIEDULE OF JANUARY 2 "NEW YEAR'S DAY HOLIDAY" All other Sessions will be in accordance with the City Code M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 28, 1988 The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL relative TRANSFER OF DEVELOPMENT RIGHTS was called to order by Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on Monday, November 28, 1988, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Reba S. McClanan (Out of the City) John D. Moss (Out of the City on Business) John L. Perry (ENTERED: 3:40 P.M.) - 2 - C I T Y M A N A G E R ' S B R I E F I N G TRANSFER OF DEVELOPMENT RIGHTS 2:00 P.M. ITEM # 30405 Jack Whitney, Environmental Mangement Coordinator, introduced John Rogers and Bob Pearson - Consultants with Rogers, Golden & Halpern and Attorney Charles Siemon - Consultant with Siemon, Larson & Purdy who presented information relative the concept of TRANSFER OF DEVELOPMENT RIGHTS. John Rogers reiterated the Characteristics of Successful TDR Programs: There must be a demand for housing. There must be infrastruture available to accommodate TDR densities. There should be strict standards to ensure receiving area compatibility with nearby land uses. The method of transfer should be simple and grounded in existing procedures. There should be more opportunities to use TDRs than the number of TDRs allocated. TDRs allocated to sending areas should reflect reasonable investment-backed development expectations. Purchase of TDRS must be the only way to obtain densities higher than zoned. There should be a strong education program to acquaint the public with TDR. There must be a strong commitment by local officials to the goals and purposes of TDR. Bob Pearson described the three different Scenarios: Green Line Scenario Blue Line Scenario Village Scenario Each Scenario depicts a TDR Receiving Area, TDR Sending Area and Federal Land. Green Line Scenarios: This scenario uses the 1985 Green Line as the boundary between the TDR sending and receiving areas. It relies on undeveloped land north of the Green Line to receive development rights sent from south of the Green Line. Blue Line Scenarios: The Blue Line is a new urban service boundary to the south of the Green line. Tt increases the size of the TDR receiving area provided in the Green Line Scenario by allowing for more urban growth. The receiving area created by the Blue Line Scenario lies to the north of North Landing Road and Muddy Creek. It is divided into two parts: land draining to North Landing River and land draining to Back Bay. - 3 - C I T Y M A N A G E R ' S B R I E F I N G TRANSFER OF DEVELOPMENT RIGHTS ITEM # 30405 (Continued) Village Scenario: In this TDR scenario, receiving areas of two square miles each are created around each one of three crossroad villages south of the Green Line. In the Green Line Scenario, only non-flood plain land is evaluated; land in the 100 year flood plain is not considered as a source of receiving sites for TDR. Several assumptions are made in the Blue Line and Village Scenarios: Soil types I through 4 (USDA, Soil Survey of City of Virginia Beach, 1985; general soil map) are not in the flood plain. TDR development is considered only for these soils. Tn general, listing of acreage by zoning only considers these soil types, which are assumed to be developable. Residential uses occupy 80 percent of the land and commercial and industrial uses the remaining 20 percent. This ratio is consistent with the developed land area ratio of residential to commercial and industrial in 1985 (Comprehensive Plan). Four-fifths of the land reserved for residential uses is dedicated to residential building lots at 4 dwelling units per acre; the remaining fifth is reserved for land needed to serve the residential units (e.g., roads, schools, emergency services). In the Village Scenario, lower housing densities demanded by onsite septic systems are also examined. The goals of the Virginia Beach Comprehensive Plan were used as criteria to evaluate the three spatial scenarios for the application of TDR to Virginia Beach. Transition from Urban to Rural: The Green Line Fiscal Balance: The efficient Delivery of Urban Services Compatibility of Land Uses Environmental Protection: Farmland and Back Bay The Consultants derived the Blue Line Scenario with only the North Landing Subarea as a TDR Receiving Area to be the best of the three Scenarios. It is consistent with the goals of the Comprehensive Plan and increases the size of the Receiving Area to allow for significant future growth of the City. It minimizes the loss of farmland while allowing this growth. Traffic impacts are minimized since the Southeastern Expressway passes right through it and it protects Back Bay from water pollution by including an area which drains into Back Bay in the Sending Area. F. PUBLIC C"ENT 1. 1989 LEGISLATIVE PROPOSALS Alternates to Board of Zoning Appeals Assumption of Tourist Establishment Inspections Back Bay Restoration Civil Penalties for Violations of Zoning Ordinance Commission on Transportation in the 21st Century Direct Election of School Board Educational Appropriation Criteria Funding of Education Health and Related Insurance for City Employees Increase in Court Fees Indigent Health Care Merchants Capital Tax Non-Tidal Wetlands Pendleton Child Service Center Runaways and Secure Detention Tax Exemption for Water Works Equipment Tree Protection VSRS for Council Members AGRICULTURAL ISSUES Farmers Wholesale Markets State Registration for New Pesticides Cleanup of Back Bay and North Landing Watersheds Non-Tidal Wetlands Land Use Assessment G. PUBLIC HEARING 1. COMMUNITY DEVELOPMENT BLOCK GRANT NEEDS ASSESSMENT H. PUBLIC HEARING 1. PLANNING a. Ordinance directing the Planning Director to correct the City Zoning Map to reflect 0-2 Zoning District Classification on an 8437 Square foot parcel located on the Western side of First Colonial Road approximately 50 feet North of Camelot Drive (LYNNHAVEN BOROUGH). (RECONSIDERATION of Change of Zoniaa approved March 12, 1984, in the application of GRAYSON WHITEHURST, JR./SCOTT DEVELOPMENT COMPANY) Recommendation: APPROVAL b. Ordinance for the discontinuance, closure and abandonment of a portion of Newtown Road, 140 feet more or less South of Larry Avenue, running in a Southerly direction 250.8 feet more or less, containing 6,214 square feet, in the petition of KOGER PROPERTIES, INC. (BAYSIDE BOROUGH). Deferred March 14' 1988 and September 26, 1988 Recommendation: FINAL APPROVAL - 4 - C I T Y M A N A C E R ' S B R I E F I N G TRANSFER OF DEVELOPMENT RLGHTS ITEM # 30405 (Continued) Attorney Charles Siemon presented the GROWTH MANAGEMENT STUDY RECOMMENDATIONS: Transfer of development rights is the growth management tool for Virginia Beach to implement tlie goals of its Comprehensive Plan. The City should obtain the authority to proceed. Enabling legislative is imperative. TDR Sending Area The TDR sending area should be the land south of Tndian River Road west of Princess Anne Road, and south of the Green Line east of Princess Anne Road Development rights should be allocated to the sending area based on existing zoning. Development in the sending area should be limited to agriculturally-related uses. Development restrictions on a parcel in the sending area should be perpetual when TDRs from that parcel are transferred elsewhere. TDR Receiving Area The TDR receiving area should be the land north of the sending area. The densities allowed with the use of TDRs in the receiving area north of the Green Line should be based on the Comprehensive Plan. A standard of four dwelling units per acre should be used for TDR receiving areas south of the Green Line and north of Indian River Road. Provisions should be made to allow intensity bonuses with TDR uses for residential, commercial and industrial uses. Proposals to increase land use intensitities above those permitted by existing zoning should only be approved if TDRs are used. Approval of development using TDRs should not be tied to the proffer system. - 5 - ITEM # 30406 The CAPITAL IMPROVEMENT PROGRAM WORKSHOP to the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor @leyera E. Oberndorf in the Conference Room, City liall Building, on Monday, November 28, 1988 at 3:40 P.@l. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Reba S. McClanan (Out of the City) John D. Moss (Out of the City on business) - 6 - CAPITAL IMPROVEMENT PROGRAM WORKSHOP 3:40 P.M. ITEM # 30407 E. Dean Block, Assistant City Manager for Analysis and Evaluation, responded to City Council's inquires relative the Capital Improvement Program Fiscal Year 1988-89/1992-93. The Resort Area Program is essentially the same as reiterated on August 15, 1988, BRIEFTNG to City Council. The program is believed to be "self-contained" and financed through a combination of continuod and gradually enhanced general appropriations, a parking enterprise fund and, most significantly, a city-wide 1/2cts increase in the hotel tax and a 1/2cts increase in the restaurant meal tax. The completion of the entire Boardwalk program would be within the planning period. The program is all "pay-as-you-go". The ordinances presented in DRAFT FORM in August are now in the process of being refined and will be ready for City Council consideration. With reference to the Building section, the Correction Center addition remains at $10.3-MTLLTON. There are a couple of outstanding issues. The funding remains as it was rather than speculate what additional funding might be necessary until such time as the final decision is derived regarding how the consolidated booking and other factors would take place. The Judicial Center reflects an increase associated with site work costs not originally included in the estimate. Full funding is dependent upon the passage of the $6.00 user charge in the Legislative Package. The Juvenile Detention Facility is in need of expansion and reflects a two part project. The first part would entail the expansion of the existing Chesapeake facility. The second part would entail a study of whether it would be appropriate for the City to have a facility of their own at that time. $1-Million has been set aside to provide for the Pendleton Child Care Center relocation. Under Summary of Projects Requested But Not Funded, Page 28, Councilwoman Henley referenced the Site Improvements in connection with the Judicial Center and the Correction Center Addition. Councilwoman Henley advised this would have to be done before construction. Dean Block advised this was an error. All site improvements are in the Judicial Project and this item should have been deleted. With reference to improvement and expansion of the Pavilion, the City Manager advised the specifics of the Feasibility Study regarding competitiveness should be received prior to inclusion in the CIP. The City Manager will provide information relative the progress of the Pungo-Ferry Bridge. With reference to the Parks & Recreation section, page 1B, Park Reservation Acquisition and Development and Scenic Waterway Improvements. With regard to the Lynnhaven Municipal Marina, the City Staff will investigate the option of whether the City needs to be in the Marina business. Mayor Oberndorf advised James F. Willenbrink, Chairman - Buildings and Grounds - Civic League of Pembroke Meadows, Inc., presented a letter and petition requesting construction of sidewalks and bikeway on Pembroke Boulevard between Cardinal Drive and Lake Meadows Park. The Civic League requested favorable consideration either within the CIP or the Traffic Safety Management Project. The Water Utility section is dominated by the Lake Gaston Project. Other than Lake Gaston, the majority would be associated with road improvements or moving and relocating and expanding utilities in conjunction with the highway program or primarily in the 51% neighborhood projects. There are a significant number of neighborhoods meeting the 51% requirement. Dean Block referenced the Supplemental Road Bond Authority granted by the Public to the City Council in 1987, which amounts to approximatley $64-MILLION, $8-MILLION annually. Dean Block referenced a map depicting those projects in the regular CIP and those projects representing the City's suggested projects as it would relate to the $8-MILLION annually, should the City Council decide to use these funds and desire to add the projects. All of these projects are, in effect added in the last five years. Because it is $8-Million a year, existing projects move forward creating a "ripple" effect. The implementation of this program would require an increase in taxes. - 7 - CAPITAL IMPROVEMENT PROGRAM WORKSHOP ITEM # 30407 (Continued) Dean Block advised the tax consequences of the total Capital Improvement Program, without the supplement, if the City Council ADOPTS the Resort area plan. There is a 1/2cts increase in the hotel tax and a 1/2cts increase in the restaurant meal tax. The CIP included a 1989 School Referendum of $48-Million which would cost approximately 3.4cts effective July 1, 1990, assuming approval in November of 1989 by the public. Originally planned School Referendum in 1992 would have a tax implication of 2.3cts, effective July 1, 1993. With the supplements, the tax implication would be 2.8cts, effective July 1, 1989 (for Highways and the Parks and Recreation Program). This entails $64-Million in Roads and $10.7-Million in Parks and Recreation. There would be a total of 8.5cts by July 1, 1993. There are three (3) types of Parks: Neighborhood Parks (small) Community sized Parks (25-30 acres) District Parks (large major areas) All of these areas were investigated in developing standards and determining problems. The City should strive to obtain approximately 7 acres of park land per thousand citizens on a city-wide basis. The City has a large number of Neighborhood Parks that are on the books but have never been developed. The three major City assets which need to be developed: Mount Trashmore II area (50-acre District Park could be created) Commi,nity Parks (25-acre parcel obtained through the Ocean Lakes process would be suitable for a Community Park.) Scenic River area (acquired from the City of Norfolk in West Neck Creek area.) Dean Block reiterated the Components of the Strategy: 1. Provide a regular funding mechanism for the park reservations. 2. Designate and program the development of existing city owned lands suitable for community and district parks (Mount Trashmore II and Ocean Lake sites). 3. Expedite improvement of already developed designated parks obtained through the subdivision. 4. Acquiring additional park land as feasible in already developed areas of the City with the greatest lack of adequate recreational open space (Holland and Bayside study area). 5. Develop as a major asset for passive recreation the Scenic Waterway System and the West Neck Creek properties. 6. The Subdivision Ordinance is a capable tool, but needs assistance particularly with relation to the Community Park. The City needs to acquire property more in line with development. 7. Seek City Council guidance regarding the development of "green belts" in those areas where highway projects exist and where feasible to acquire additional right-of-way even including the acquisition of existing properties. - 8 - CAPITAL IMPROVEMENT PROCRAM WORKSHOP ITEM # 30407 (Continued) This is estimated to cost approximately $10,700,000. A PUBLIC HEARING of the CIP is SCHEDULED at 7:00 P.M., November 30, 1988, at Princess Anne High School. An additional CIP WORKSHOP is SCHEDULED for December 5, 1988. - 9 - LEGISLATIVE PACKAGE UPDATE 5:50 P.M. ITEM # 30408 Robert Matthias, Intergovernmental Relations Coordinator, reiterated the 1989 LEGISLATIVE PROPOSALS and distributed a revised list: CHARTER CHANGES 1. Amortization of Non-Conforming Signs 2. Fire Prevention and Protection 3. Resort Area Retail Sales Tax OTHER ISSUES 4. Alternates to Board of Zoning Appeals 5. Assumption of Tourist Establishment Tnspections 6. Back Bay Restoration 7. Civil Penalties for Violations of Zoning Ordinances 8. Commission on Transportation in the 21st Century. 9. Direct Election of School Board 10. Educational Appropriation Criteria 11. Funding of Education 12. Health and Related Insurance for City Employees 13. Increase in Court Fees 14. Indigent Health Care 15. Merchants Capital Tax 16. Non-Tidal Wetlands 17. Pendleton Child Service Center 18. Runaways and Secure Detention 19. Tax Exemption for Water Works Equipment 20. Tree Protection 21. VSRS For Council Members AGRICULTURAL TSSUES 1. Farmers Wholesale Markets 2. State Registration for New Pesticides 3. Cleanup of Back Bay and North Landing Watersheds 4. Non-Tidal Wetlands 5. Land Use Assessment Robert Vaughan, Commissioner of Revenue, has drafted changes to the Merchants Capital Tax. The three Charter Changes must be advertised. If City Council should decide to proceed with Transfer of Development rights, this also must be advertised. - 10 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 30409 Councilman Baum referenced application of EDWARD and EDNA McPHERSON, 5349 Blackwater Loop (BLACKWATER BOROUGH), in accordance with Section 19-19 of the Code of the City of Virginia Beach, for a free-standing mobile home in an Agricultural District for a two-year period. Councilman Baum distributed a proposed Ordinance to Amend and Reordain Section 19-19 of the Code of the City of Virginia Beach, Virginia, pertaining to Free Standing mobile homes. This application will be DEFERRED until the City Council Meeting of December 12, 1988, with the Ordinance SCHEDULED for December 5, 1988. ITEM # 30410 Councilman Sessoms referenced the proposed resolution requesting the General Assembly to adopt legislation requiring recycling and requesting the federal government to more closely control offshore dumping of solid and other waste. The Resolution shall be AMENDED. The word "requiring" shall be substituted by a less ominous word. Concern was expressed as to whether there should be two resolutions addressing these subjects. The City Attorney shall define and prepare a new Ordinance. Councilman Sessoms believed this should be included within the Legislative Package. - 11 - ITEM # 30411 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, November 28, 1988,at 6:15 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Reba S. McClanan and John D. Moss - 12 - ITEM # 30412 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss - 13 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL November 28, 1988 7:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, November 28, 1988, at 7:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Reba S. McClanan and John D. Moss INVOCATION: Reverend Frederick Grosse Lynnhaven Colony Congregational Church PLEDGE OF ALLEGIANCE TO TIFE FLAG OF THE UNITED STATES OF AMERICA - 14 - Item IV-D.1 MINUTES ITEM # 30413 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of November 21, 1988: Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, ir. Council Members Voting Nay: Reba S. McClanan and John D. Moss Council Members Absent: None - 15 - Item IV-D.2. ANNOUNCEMENT ITEM # 30414 Mayor Oberndorf ANNOUNCED the presence of Boy Scout Troop 417. Scoutmaster Dewitt Davis was accompanied by Mike Bagley, Senior Patrol Leader. - 16 - Ttem TV-E. CEREMONIAL PRESENTATIONS TTEM # 30415 Mayor Oberndorf PRESENTED the VIRGTNIA BEACH LIFESAVER AWARD to: Airman Francis Wells On September 29, 1988, at approximately 2:00 P.M. Airman Francis Wells saved the life of a six month old baby by entering a smoke filled apartment. Commander Jim Bolcher, Attack Squadron 35, was also in attendance. SArA L-1-Y COUNCIL 6 ali(lv W;40M tJ.4e4eY4e4 en (4 O.- tv Ne, S -nl VIRGINIA BEAACH LIFESAVEIR On Septeitiber 29, 1988, about 2:00 p.m., Airiiiati Friiicis Wells was iii Iiis al)arttiieiit oli 'I'ollicat Court in Virginia Beach wileti two six year old twiiis b',Iliged oil Iiis door, i,cllijig for liciii - tlieir apartinent was on fire. Airiiiaii Wells callcd to a ticigl)lior to pliotic tlie fire clepartilielit. l te laii to tlic burnitig apartnient and learned froiii tlie boys tliat -,i baby was still iii tlie ,Ipartiiieiit, iipstlirs. Airman Wells entered tlie smoke filled apartnietit, weiit tipstairs, aii(I searclied two beclrootiis I)efore he found the baby iii I)er crib aiid brotiglit lier otit. Airman Wells entered tlie apartxiieiit a secoiid tiiiie to see if aiiyolic else was itisicle, I)tlt cltic to lieat and black snioke, had to return to tlie outside. Fireligliters said wlien tliey arrive(l, tliey fotitid Airiiikii Wells itt tlie froiit @,ar(l, Iiis I*,,ice iticl clotiiing sinoke stained, cougltiiig aiid cliokiiig oti tlie lictteci stiioke lie liad iiiiialecl. Airman Francis Wells endangered Iiis owti life wiiilc saviiig tlie life of a six illolitli of(I ,cn le,41,r@on m i Cl, ciia e ca,,,r4e Ilieje lellet6 /0 @e a c/r ,y lie e . "i @lenlaitd,(Iie Aeat/c///Ie "I@i ,yr@,r Weacli, ff)pl cf lo,Ke.4e4efinlo on O/- e@ Ilieuea2 clofi4 @d, cize llicfi4a2idne@e /i gid@edaizd .0 o - 17 - IV-F. 1. PUBLIC COMMENT ITEM # 30416 1989 LEGISLATIVE PROPOSALS Alternates to Board of Zoning Appeals Assumption of Tourist Establishment Inspections Back Bay Restoration Civil Penalties for Violations of Zoning Ordinance Commission on Transportation in the 21st Century Direct Election of School Board Educational Appropriation Criteria Funding of Education Health and Related Insurance for City Employees Increase in Court Fees Tndigent Health Care Merchants Capital Tax Non-Tidal Wetlands Pendleton Child Service Center Runaways and Secure Detention Tax Exemption for Water Works Equipment Tree Protection VSRS for Council Members AGRICULTURAL TSSUES Farmers Wholesale Markets State Registration for New Pesticides Cleanup of Back Bay and North Landing Watersheds Non-Tidal Wetlands Land Use Assessment The following spoke with reference to the 1989 LEGISLATIVE PROPOSALS: James Capps, 940 Cardinal Road, Phone: 428-1821, President of the Virginia Beach Hotel & Motel Association. James Capps spoke relative the Assumption of Tourist Establishment Tnspections. The burden of additional expense on the innkeeper should be borne by the City. William Holloran, 4512 Virginia Beach Boulevard, Phone: 490-1221, Executive Director - Hampton Roads Chamber of Commerce, distributed a position paper with reference to the legislative package. (Said information is hereby made a part of the record.) - 18 - IV-G. 1. PUBLIC HEARING ITEM # 30417 COMMIJNITY DEVELOPMENT BLOCK GRANT NEEDS ASSESSMENT Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: COMMUNITY DEVELOPMENT BLOCK GRANT NEEDS ASSESSMENT Father William J. Dale, 4853 Princess Anne Road, Phone: 495-1886, Pastor of Ascension Catholic Church and Chairman of the Virignia Beach Coalition for the Homeless. Father Dale expressed three areas of concern in need of policy provision. Father Dale's statement is hereby made a part of the record. There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC REARING. PUBLIC NOTICE CITYOFVIRGINIABEACH 1989-90 FIFTEENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PUBLIC HEARING MONDAY, NOVEMBER 28,1988,7:00 P.M. CITY COUNCIL CHAMBERS Under the provisions of the City's Citizen Participation Plan, there will be a public hearinq before City Council to receive comments and proposals for consideration for funding under the fifteenth yeir 1989-90 CDBG Program. ESTIMATED FUNDING Under the provisions of the Housing and Community Development Act of 1987, the City of Virginia Beach expects to receive approximately 12,1 00,000 from the U.S. Department of Housing and Urban Development for 1989-90 for community development activities. The primary ob.jec- tives of the Program are to aid in the prevention and elimination of slums and blight, to provide for activities that benefit low and moderate income persons and to meet urgent community needs. ELIGIBLE ACTIVITIES Community Development funds may be used in accordance with program requirements for com- munity improvements and revitalization activities which include code enforcement, housing rehabilitation, street, water and sewer improvements, replacement housing, housing counseling, emergency shelter and community planning. All crizens of Virginia Beach are @elcome to attend and participate In the hearing to Identity housin and community development needs and priorities within our city and/or to submit p,oposais for utilization of 1989-90 CDIG funds. Written proposal The ci Depart ent of Housing and =un,@, ,vel'o n nt has prepared a g . s., p r funding under Citizen's linfor ationontheCDBGProgram ,e @,bl. fo this prog or for info@ation on this puble ha,,ng please contact Andy Friedman at (804) 463-9511 Road, 3300 Building, Suite 11 6, Virginia Beach, Virgi.ia 23452. - 19 - Item IV-H.l. PUBLIC HEARING ITEM # 30418 Mayor Meyera E. Oberndorf DECLARED a PUBLIC REARING on: PLANNING 1. PLANNING (a) GRAYSON WHTTEHURST, JR./SCOTT DEVELOPMENT ORDINANCE TO CORRECT CTTY COMPANY ZONING MAP (b) KOGER PROPERTIES, INC. STREET CLOSURE (c) METROVEST, INC. STREET CLOSURE (d) STELLA M. CHANDLER VARIANCE (e) MICHAEL MADDOX t/a MATTY'S AUTO WORKS CONDITIONAL USE PERMIT (f) J. M. BRIGGS CONDITIONAL USE PERMIT (g) PETER SURPRENANT CONDITIONAL USE PERMIT (h) ACE AUTO GLASS CHANGE IN NONCONFORMING USE (i) J. L. CAFFREY CHANGE OF ZONING AND CONDITIONAL USE PERMIT - 20 - Item IV-H.I.a. PUBLIC HEARING PLANNING ITEM # 30419 Upon motion by Councilman Balko, seconded by Councilman Heischober, City Council ADOPTED: Ordinance directing the Planning Director to correct the City Zoning Map to reflect 0-2 Zoning District Classification on an 8437 Square foot parcel located on the Western side of First Colonial Road approximately 50 feet North of Camelot Drive (LYNNHAVEN BOROUGH). On March 12, 1984, City Council ADOPTED the Ordinance upon application of GRAYSON WHITEHURST. JR./SCOTT DEVELOPMENT COMPANY for a Change of Zoning District Classification from R-4 to 0-1 on a 3.1 acre parcel (ZO284831). When this rezoning occurred, the area located between an existing twenty (20) foot drainage easement and the southeastern property line was not included. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss I AN ORDINANCE DIRECTING THE PLANNING DIRECTOR 2 TO CORRECT THE CITY ZONING MAP TO REFLECT 0-2 3 ZONING DISTRICT CLASSIFICATION ON AN 8437 4 SQUARE FOOT PARCEL LOCATED ON THE WESTERN 5 SIDE OF FIRST COLONIAL ROAD APPROXIMATELY 50 6 FEET NORTH OF CAMELOT DRIVE 7 8 WHEREAS, on March 12, 1984, the City Council approved the 9 rezoning application of Grayson Whitehurst, Jr./Scott Development 1-0 Co., to 0-1 on a 3.1+ acre parcel located on First Colonial Road, 11 and 12 WHEREAS, through inadvertence, the change in the City's 13 zoning map to reflect the rezoning of the property failed to 14 reflect the entire property which had been approved for rezoning, 15 and 16 WHEREAS, the City's zoning map currently reflects that a 17 portion of the property which was rezoned to 0-1, containing 18 approximately 8,437 square feet, is zoned A-18, and 19 WHEREAS, the City Council is of the opinion that the City's 20 zoning map should be corrected so as to accurately reflect the 21 action taken by the City Council on March 12, 1984, and 22 WHEREAS, a zoning map showing the property in question is on 23 file in the Department of Planning, and 24 WHEREAS, the said 0-1 zoning classification which was in 25 existence on March 121, 1984, is now called 0-2, and 26 WHEREAS, the zoning map should be changed to reflect that 27 the said 8,437 square foot parcel is zoned 0-2. 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA 30 That the City Planning Director is hereby authorized and 31 directed to correct the City zoning map so as to reflect that the 32 approximately 8,437 square foot parcel as described herein, and 33 as shown on maps and plans on file in the Department of Planning 34 is zoned 0-2. 35 Adopted by the Council of the City of virginia Beach, 3 6 Virginia, on the 28th day of November @988., 37 GLF/ds 38 Dated: November 11, 1988 39 CA-3026 40 ZONING ORDINANCE L cv CL 21 - Item IV-H.I.b. p[MLIC ffAING Da,id Stubbs, 3133 Merlin Drive North, Jacksonville, Florida, real estate manager of Koger Properties, Inc., represented the applicant. motion by Councilman Perry, seconded by Councilman Heischober, CitY Upon Ordinance for the discontinuance, closure Council AMORIZED FINAL APPROVAL an and abandonment of a portion of NEWTOWN ROAD In the petition of YOGER PROPERTIES, INC. Applicatio. of Koger Properties, Inc., for the discontinuance, closure and abandonment of a portion of Newtown Road beginning at a point 140 feet more or less south of Larry Avenue and running in a southerly directio,, a distance of 250.8 feet- more or less. Said parcel contains 6,214 square feet. BAYSIDE BOROUGH. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. C)berndorf, Nancy K. Parker, john L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: - 21 - Item IV-H.l.b. PUBLIC HEARING PLANNING ITEM # 30420 David Stubbs, 3133 Merlin Drive North, Jacksonville, Florida, real estate manager of Koger Properties, Inc., represented the applicant. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council AUTHORIZED FINAL APPROVAL an Ordinance for the discontinuance, closure and abandonment of a portion of NEWROWN ROAD In the petition of KOGER PROPERTIES, INC. Application of Koger Properties, Inc., for the discontinuance, closure and abandonment of a portion of Newtown Road beginning at a point 140 feet more or less south of Larry Avenue and running in a southerly direction a distance of 250.8 feet- more or less. Said parcel contains 6,214 square feet. BAYSIDE BOROUGH. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THE EXCESS STREET RIGHT-OF-WAY OF NEWTOWN ROAD, LOCATED iIN VIRGINIA BEACH, VIRGINIA, AS SliOWN ON THAT CERTAIN PLAT ENTITLED "PLAN OF PORTION OF NEWTOWN ROAD RIGHT-OF-WAY TO BE ACQUIRED BY KOGER PROPERTIES, INC. FROM VIRGINIA BEACH, VA., ],NORFOLK, VA., AND COMMONWEALTH OF VIRGINIA", WHICH PLAT IS @RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE @CITY OF VIRGINIA BEACH, VIRGINIA, IN DEED BOOK AT PAGE WHEREAS, it appearing by affidavit that proper notice has lbeen given by Koger Properties, Inc., that it would make ,,plication to the Council of the City of Virginia Beach, IVirginia, on October 19, 1987, to have the hereinafter described portion of the excess street right-of-way of Newtown Road idiscontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said portion of the excess street right-of-way of Newtown Road be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, iVirginia, that the hereinafter described portion of the excess street right-of-way of Newtown Road be discontinued, closed, and vacated: All that certain' lot, piece or parcel, or tract of land, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly described as follows: Commence at the intersection of the easterly right-of-way line of Newtown Road (variable R/W) with the southerly right-of-way line of Cleveland Street (variable R/W), as said rights-of@ways now exist and as shown on Subdivisior of The Koger Center, as recorded in Book 2608, pages 679 and 680, in the Clerk's Office of the Circuit Court, Virginia Beach, Virginia, said point being the northwest corner of Parcel A of said Subdivision and being on the common boundary line of the City of Virginia Beach, Virginia, and the City of Norfolk, Virginia; thbnce along the westerly property line of said Parcel A and said common boundary line of the City of Virginia Beach and the City of Norfolk South 21'3010011 West 7 4 . 5 9 feet to the POINT OF BEGit4liiliG; thence continue along said westerly property line of said Parcel A the following two (2) courses and distances: 1) South 20@43'00" West 124.93 feet, and 2) South 24'20'45" West 127.69 feet to the southwest corner of said Parcel A; thence north 64'53'55" West 20.41 feet to a point on the common boundary line of the City of Virginia Beach and the City of Norfolk; thence along said common boundary line of the City of Virginia Beach and the City of Norfolk the following two (2) courses and distances: 1) North 21'30100" East 250.80 feet, and 2) South 69@2l'OO" East 25.00 feet to the Point Of Beginning. Containing 6,214 square feet or 0.143 acre, more or less. Said parcel of land being a portion of the excess street @right-of-way of Newtown Road as indicated on that certain plat I lof property to be vacated along existing Newtown Road for Koger lProperties, Inc. which plat is recorded in the Clerk's office Iof the Circuit Court of the City of Virginia Beach, Virginia, 1@in Deed Book at Page and which is made a part hereof lby reference. The above described property is subject to all utility i I ilines and/or recorded easements currently existing, if any Ifor public or private utilities, including, but not limi+----d ,to, Chesapeake and Potomac Telephone Co. and Virginia Power Co. -2- SECTION II A certified copy of this Ordinance will be filed in the iOffice of the Circuit Court of the City of Virginia Beach, i ilindexed in the name of the City of Virginia Beach as grantor. SECTION III Adopted: FINAL APPROVAL: November 28, 1988 This Ordinance shall be -effective sixty (60) days from the ate of its adoption. AGREEMENT This Agreement made as of this day of N.#w-,hel- 1 1988 by and between the City of Virginia Beach, V-irginia (hereinafter refer- red to as the "City") and Koger Properties, Inc., a Florida corpora- tion (hereinafter referred to as "Koger"). WITNESSETH: WHEREAS, contemporaneously with the execution of this Agree- ment, by Ordinance No. (hereinafter referred to as the "Ordinance") the City is iscontinuing, closing and vacating that portion of the excess street right-of-way of Newtown Road more parti-I. cularly described as: All that certain lot, piece or parcel, or tract of land, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly described as follows: Commence at the intersection of the easterly right-of- way line of Newtown Road (variable R/W) with the south- erly right-of-way line of Cleveland Street (variable R/W), as said rights-of-ways now exist and as shown on Subdivision of The Koger Center, as recorded in Book 2608, Pages 679 and 680, in the Clerk's Office of the Circuit Court, virginia Beach, Virginia, said point be- ing the northwest corner of Parcel A of Said Subdivi- sion and being on the common boundary line of the City of Virginia Beach, Virginia, and the City of Norfolk, Virginia; thence along the westerly property line of said Parcel A and said coinmon boundary line of the City of Virginia Beach and the City of Norfolk South 21'301 00" West 74.59 feet to the POINT OF BEGINNING; thence continue along said westerly property line of said Par- cel A the following two (2) courses and distances: 1) South 20'43,00" west 124.93 feet, and 2) South 24'20' 45,, West 127.69 feet to the southwest corner of said Parcel A; thence North 64'53'55'- West 20.41 feet to a point on the common boundary line of the City of Vir- ginia Beach and the City of Norfolk; thence along said common boundary line of the City of Virginia Beach and the City of Norfolk the following two (2) courses and distances: 1) North 21'30'00" East 250.80 feet, and 2) South 69'21'00" East 25.00 feet to the POINT OF BEGIN- NING. Containing 6,214 square feet or 0.143 acre, more or less. Said parcel of land being a portion of the excess street right-of-way of Newtown Road as indicated on that certain plat of property to be vacated along exist- ing Newtown Road for Koger which plat is recorded in a Deed Book in the Clerk's Office of the Circuit Court' of the City of Virginia Beach contemporaneously here- with and which is made a part hereof by reference (here- inafter referred to as the "Vacated Right-of-Way"); WHEREAS, contemporaneously with the execution of this Agree- ment the City is conveying title to the Vacated Right-of-Way to Koger by filing a certified copy of the Ordinance in the Office of the Cir- cuit Court of the City of Virginia Beach, upon terms and conditions and subject to reservations heretofore agreed upon by the City and Koger; and WHEREAS, the parties desire to make said tenns, conditions and reservations a matter of public record; NOW, THEREFORE, in consideration of the premises, the purchase price of the Vacated Right-of-Way, and other good and valuable consi- deration, the receipt and sufficiency of which are hereby acknowledg- ed, the parties hereto covenant and agree as follows: 1. Koger has paid the City the sum of Eight Thousand Seven Hundred and No/100 Dollars ($8,700.00) as the purchase price for the Vacated Right-of-Way, said price having been computed on the basis of One and 40/100 Dollars ($1.40) per square foot. 2. Until the expiration of the right to repurchase granted to the City in Paragraph 3 below, only landscaping and excess parking above the minimum zoning requirements, as in effect on the date of this Agreement, for an office development on the property owned by Koger adjacent to the Vacated Right-of-Way, shall be placed within the area of the Vacated Right-of-Way. The setback requirement for any structure erected on the adjacent property of Koger shall be es- tablished based upon any requirements of the City in effect when the site plan for any such structure is submitted to the City for approv- al. 3. The City is hereby granted the right to repurchase from Koger all or any portion of the Vacated Right-of-Way for the same price per square foot paid by Koger. The right to repurchase all or a portion of the vacated Right-of-Way shall expire at the end of twen- ty (20) years from the date of this Agreement. The City shall give written notice to Koger or its successor in title at least one hun- dred and twenty (120) days prior to the date on which the City in- tends to repurchase a portion of the Vacated Right-of-Way from Koger, designating the portion of the Vacated Right-of-Way that the City in- tends to repurchase from Koger. Upon tender of the repurchase price by the City for the portion of the Vacated Right-of-Way being repur- chased, Koger agrees to execute and deliver to the City a good and sufficient special warranty deed reconveying that portion of the Va- cated Right-of-Way designated by the City. 4. The exercise of any right, the giving of any notice, and the making of any request contempiated by this Agreement by either party shall be in writing and shall be delivered to the other party by Certified United States mail, return receipt requested, overnight delivery, or personal delivery addressed as follows: (a) If to the City: City of Virginia Beach Attention: City Manager Municipal Building Virginia Beach, Virginia 23456 (b) If to Koger; Koger Properties, Inc. Attention: Land Department P. 0. Box 4520 Jacksonville, Florida 32201 or to such other address as either party shail furnish to the other from time to time. 5. This Agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first above written. ATTEST: CITY OF VIRGINIA BEACH By: City Clerk City Manager KOGER PROPERTIES, INC. By: Attest: Secretary (Corporate Seal) COMMONWEALTH OF VIRGINIA COUNTY OF I, a Notary Public in and for the State and County aforesaid, do certify that - and I of the City of Virginia Beach, Virginia, whose names as City Manager and City Clerk of the City of Virginia Beach, respectively, are signed to the writing above, bearing date on the - day of , 1988 have acknowledged the same before me i.n my County aforesaid. Given under my hand and official seal this day of 1 1988. My commission expires on the day of 19-. Notary Public STATE OF FLORIDA COUNTY OF DUVAL The foregoing instrument was acknowledged before me this 8th day of Nov-ber , 1988 by W.F.E. Kienast and W. Lawrence Jen ins President and Secretary, respectively, of Koger Properties, Inc., a Florida corporation, on behalf of i3aid corporation. Notary P,iHlic, @tate of Florida at Larg NUTARY PUBLIC. SIATE OF FLORIDA My C.Mmission E@O,e, Flb. 7, 1992 My Commission Expires;g@.dedth,uLib@,tYmutuat (Notary Seal) - 22 - Item IV-H.l.c. PUBLIC HEARING PLANNING ITEM # 30421 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council AUTHORIZED FINAL APPROVAL of an Ordinance upon application of METROVEST, INC. for the discontinuance, closure and abandonment of a portion of Alabama Road. Application of Metrovest, Inc. for the discontinuance, closure and abandonment of a portion of Alabama Road beginning at the eastern boundary of Rosemont Road and running in an easterly direction to the western boundary of Lincoln Avenue. Said parcel contains 9417 square feet. Plats with more detailed information are available in the Department of Planning. tTfitlmft,ctsEfcts B8R@Sil. PRINCESS ANNE BOROUGH. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS ALABAMA ROAD, FORMERLY KNOWN AS 29TH STREET (UNIMPROVED) SHOWN UPON THAT CERTAIN SURVEY ENTITLED, "PHYSICAL SURVEY OF PART OF LOTS 1 & 2 LOTS 3, 4, 5, 6 & 7, BLOCK 6, PECAN GARDENS (M.B. 87, P. 10), PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA.,- WHEREAS, it appearing by affidavit that proper notice has been given by Metrovest, Inc., predecessor in interest to Ram L. Gowda, that they would make application to the Council of the City of virginia Beach, Virginia, on May 23, 19aa, to have a portion of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that the portion of said street be discont.inued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: THAT CERTAIN portion of ALABAMA ROAD, unimproved (formerly 29th Street), beginning at the point of intersection of the eastern right-of-way line of Rosemont Road (90- R/W) with the southern right-of-way line of Alabama Road (50' R/W), thence from said Point of Beginning, N 00' 58' 37" E, 53.55 feet along the eastern right-of-way line of Rosemont Road to a po4i.t; thence S 68@ 02' 53" E, 190.84 feet along the northern right-of-way line of Alabama Road, as platted, to a point; thence S 21- 57- 07" W, 50 feet to a point at the northeast corner of Lot 7, Block 6, Plat of Pecan Gardens; thence N 681 02- 53" W, 172.94 feet along the southern right-of-way line of Alabama Road to the Point of Beginning as shown on that certain "Physical Survey of Pa,rt of Lots 1 & 2 and Lots 3, 4, 5, 6 & 7, Block 6, PECAN GARDENS (M.B. 7, P. 70), Princess Anne Borough, Virginia Beach, GUY, CROMWELL. 8ETZ Virginia," dated March 27, 1987 and prepared & LUSTIG. P C. by Stephen I. Boone and Associates, P.C. @@l T SAVE and EXCEPT a fifty (50) foot wide public utility easement dedicated to the City of Virginia Beach, Virginia, beginning GPIN #1486-64-1712 at the point of intersection of the eastern right-of-way line of Rosemont Road (90' R/W) with the northern right-of-way line of Alabama Road (hereby vacated); thence from said Point of Beginning S 00* 58' 37" W, 42.84 feet along the eastern right-of-way line of Rosemont Road to a point; thence S 68- 02- 53" E, 176.77 feet to a point; thence N 211 57' 07" E, 40.00 feet to a point; thence N 68* 02' 53" W, 190.84 feet to the point of beginning, as shown on that certain plat entitled "Resubdivision of Part of Lots 1 & 2 AND Lots 3, 4, 5, 6 & 7, Block 6 and Alabama Road, Princess Anne Borough, Virginia Beach, virginia," for Ram L. Gowda dated July 13, 1988, as revised September 15, 1988, prepared by Stephen I. Boone & Associates, P.C. Said parcel of land being a portion of Alabama Road as indicated on that certain plat of the property to be vacated, which plat is to be recorded in the Clerk's office of the Circuit Court of the City of virginia Beach, Virginia, upon adoption of this ordinance, and which is made a part hereof by reference. @BECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. SECTION III This ordinance shall be effective sixty (60) days from the date of its adoption. FINAL APPROVAL: November 28, 1988 GUY, CROMWELL, AETZ LUSTIG, P.C. 0402i -2- - 23 - Item IV-H.I.d. PUBLIC HEARING PLANNING ITEM # 30422 Paul D. and Stella M. Chandler, 2773 Salem Road, Phone: 427-1506, the applicants, represented themselves. Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council APPROVED an application of STELLA M. CHANDLER for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance. Appeal from Decisions of Administrative Offices in regard to certain elements of the Subdivision Ordinance, Subdivision for Stella M. Chandler. Property is located at 2773 Salem Road. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. Only one curb cut shall be allowed on Salem Road. Proposed lots "AA-l" and "AA-2" must share this entrance. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss - 24 - Item IV-H.I.e. PUBLIC HEARING PLANNING ITEM # 30423 Johnathan Guion, Coldwell Banker, 4000 World Trade Center East, Norfolk, Phone: 640-7515, represented the applicant The City Clerk referenced the letter of Councilman Moss relative this application. Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council DEFERRED until the City Council Meeting of January 9, 1989, an Ordinance upon application of MICHAEL MADDOX t/a MATRY'S AUTO WORKS f or a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MICHAEL MADDOX t/a MATTY'S AUTO WORKS FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR AND BODY WORK ESTABLISHMENT Ordinance upon application of Michael Maddox T/A Matty's Auto Works for a Conditional Use Permit for an automobile repair and body work establishment on the east side of South Military Highway, 1000 feet north of Alexandria Avenue. Said parcel is located at 736 South Military Highway and contains 20,038 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This DEFERRAL will enable presentation of a more professional architect's rendering depicting the Conditional Use Permit and a better description of the applicants intention. The applicant will confer with Councilman Moss. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: Reba S. McClanan and John D. Moss *Councilman Sessoms ABSTAINED as he does business with the owner of the property. - 25 - Item IV-H.I.f. PUBLIC HEARING PLANNING ITEM # 30424 The City Clerk referenced the letter of Attorney Grover Wright, of November 9, 1988, requesting DEFERRAL until the City Council Meeting of December 19, 1988. Upon motion by Councilman Balko, seconded by Councilman Heischober, City Council DEFERRED until the City Council lqeeting of December 19, 1988, an Ordinance upon application of J. M. BRIGGS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF J. M. BRIGGS FOR A CONDTTIONAL USE PERMIT FOR A CAR WASH Ordinance upon application of J. M. Briggs for a Conditional Use Permit for a car wash and mini- warehouses on the north side of Virginia Beach Boulevard, 180 feet east of Louise Avenue. Said parcel is located at 1612 Virginia Beach Boulevard and contains 27,442.8 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss - 26 - Item IV-H.I.g. PUBLIC HEARING PLANNING ITEM # 30425 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and requested WITHDRAWAL. The City Clerk referenced the letter from Councilman Moss in reference to this application. (Said letter is hereby made a part of the record.) Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City Council ALLDWED WITHDRAWAL of an Ordinance upon application of PETER SURPRENANT for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PETER SURPRENANT FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLIS@IMENT (LUBRICATTON SERVTCE CENTER) Ordinance upon application of Peter Surprenant for a Conditional Use Permit for an automobile repair establishment (lubrication service center) on certain property located on the south side of Providence Road, 600 feet west of Kempsville Road. Said parcel contains 33,106 square feet. More detailed information is available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M, Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss - 27 - Item IV-H.l.h. PUBLIC HEARING PLANNING ITEM # 30426 Attorney Tom Ammons, represented the applicant Thomas L. Wilkinson, General Partner, responded to City Council's inquiries Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPM: Resolution authorizing the enlargement of the nonconforming use and structure located at the northeast corner of Virginia Beach Boulevard and Mediterranean Avenue property of Jones & Wilkinson, a Virginia General Partnership. Application of Ace Auto Glass, a Virginia General Partnership for a change in a nonconfrming use at the northeast corner of Virignia Beach Boulevard and Mediterranean Avenue on Lots 1-5, Block A, Virginia Beach Park Corporation. Said parcel contains 31,850 square feet. VIRGINTA BEACH BOROUGH. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss 1 RESOLUTION AUTHORIZING THE ENLARGEMENT 2 OF THE NONCONFORMING USE AND STRUCTURE 3 LOCATED AT THE NORTHEAST CORNER OF VIRGINIA BEACH 4 BOULEVARD AND MEDITERRANEAN AVENUE 5 PROPERTY OF JONES & WILKINSON, 6 A VIRGINIA GENERAL PARTNERSHIP 7 8 WHEREAS, Jones & Wilkinson, a virginia general partnership, 9 is the current owner of Lots 1-5, Block A, Subdivision of 10 Virginia Beach Park Corporation, and located at the northeast 11 corner of Virginia Beach Boulevard and Mediterranean Avenue. 12 Said property is currently being used as a glass business, 13 including sales and installation of automobile glass by Ace Auto 14 Glass, a Virginia corporation; 15 WHEREAS, the existing structure occupies 2,956.4 square feet 16 of a one story building containing a total of approximately 17 29,302.5 feet; 18 WHEREAS, the applicant desires to construct an additional 19 2,720 square feet to the existing glass business which now 20 contains 2,956.4 square feet, as shown on the drawing attached 21 hereto as Exhibit "A;" 22 WHEREAS, the present use does not conform to the provisions 23 of the City Zoning Ordinance because glass installation is 24 allowed only as a conditional use and bulk storage is not 25 allowed in the RT-3, Resort Tourist District; and 26 WHEREAS, pursuant to Section 105(d) of the City Zoning 27 Ordinance, City Council may authorize the enlargement or 28 extension of a nonconforming use if Council finds that the use 29 as enlarged or extended is equally appropriate or more 30 appropriate to the zoning district than is the existing 31 nonconformity. 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 That City Council hereby finds the enlargement or extension 35 of the nonconforming use of the nonconforming automobile glass 36 installation facility located at the Northeast corner of Virginia 37 Beach Boulevard, Virginia Beach, Virginia, as shown on the 38 attached Exhibit "A", is equally appropriate or more appropriate 39 to the zoning district in which they are located than is the 40 existing nonconformity; and the City Council hereby authorizes 41 the enlargement or extension of the nonconforming use in the 42 manner shown on the attached Exhibit "A," provided extension of 43 the use complies with all building, site plan and other 44 requirements of the City of Virginia Beach. 45 46 Adopted by the Council of the City of Virginia Beach, 47 Virginia, on the 28th day of November 1988. 48 GLF/rcp 49 11/16/88 50 CA-3038 51 ACEAUTO.RES 52 APPROVED AS TO CONTENTS NATURE L)TPARTENT APPROVED AS TO FORM @y 2 ACE AUTO NONOONFORMING USE EXHIBIT "A" 'O o@ IO/ E9( or v 7 IR I -koll@ zt 'C3 er or cz t3 41 OF "t :t Q: IR t 4 3t It It ta OL f4 jp,7d 00 09 00 0 P. 91 ZO N 07314 , 96 0; I 06 0 O,/ '3AV NV3NVYM311973iy Nunconforming Use Resolution # Receipt #@/@ CITY OF VIRGINIA BEACH APPLICATION FOR THE ENLARGEMENT, EXTENSION. RELOCATION OR CONVERSION OF A NONCONFORMING USE To the Honorable Council City of Virginia Beach. Virginia I. We, Ace Auto Glass, A Virginia General Partnership the lessee of the property Relocation, or Conversion ensive Zoning Ordinance of 1. Legal Description of Property A. Location Virginia Beach Blvd. and Mediteranean Avenue, Virginia Beach, Virginia Virg SS) Subdivision Park Corp 1-5 A Lot Numbers Block Map Book 8 5 Virginia Beach Page Number Acreage 3 1, ti@B,'rouqh B. Boundary Description N/A Note: A physical survey to scale showing bearings and distance is required to accompany this application. All plats must indicate intersecting rights-of-way. (i copy) 2. A statement, signed by the applicant, must be attached describing the existing nonconforming use and the proposed change. This description should contain any information that the applicant wishes considered by the staff during review. Information should be provided that helps I describe how many, where, when and what. Please indicate the date on which the existing nonconforming use was establistied. Also, describe how the proposed change to the nonconforming use is equally appropriate or more appropriate to the district than the existing nonconformity. , 3. The application shall be accompanied by a preliminary plan showing the actual dimensions and shape of the lot, the exact sizes and locations on the lot of existing and proposed structures, If any. and the existing and proposed uses of structures and open areas; and by such additional information relating to topography, access, and surrounding land uses as necessary. (7 copies) 4. $125.00 is paid herewith. (Check or money order must be made payable to Treasurer, City of Virginia Beach. Virginia.) 5. Does an official or employee' of the City of Virginia have an Interest in the subject land? Yes Nox If the answer is yes, name tiie official or the employee a d@nature of Interest 6. If applicant is other than owner, the owner is roquired to participate as necessary in fulfilling any condition or requirements approved by City Council. I certify the information contained herein is true and accurate. Wilkinson 1705 Ilediteranean Avenue Signed BC,)j Virginia Beacb, VA 23451 425-5614 Concurrence by Owner (Addre (Telephone) ass 1705 Velditeranean Avenue Signed BCl @.U Virginia Beach, VA 23451 425-5614 Applicant (Address) (Telephone) Do not fill in below this line -------------------------------------- 7 --------------------------------------- Commission Recommendation: Approved Denied Modified Date Action of Council: Approved Denied-Modified-I)ate DISCLOSURE STATEMENT DATE HAME(S) OF APPLICANT(S) Ace Auto Glass, A Virginia General Partnership NAME(S) OF ALL OWNERS.(if different from applicant) Jones & Wilkinson, A Virginia General Partnership TYPE OF APPLICATION: Rezoning from to Conditional Use Permit for Street Closure Subdivisiork,Vartance Enlargement of Nonconforming Use TO BE COMPLETED BY OR FOR THE APPLICANT: 1. If the applicant is a corporation, list the officers of the corporation: 2. If the applicant is a partnership, firm or other unincorporated organization, list all members or partners in the organization: Thomas L. Wilkinson and Richard Bokun, General Partners TO BE COMPLETED BY OR FOR THE OWNER (if different from applicant) 1. If the owner is a corporation, list the officers of the corporation: 2. If the owner is a pactnership, firm or other unincorporated organization, list all members or partners in the organization: Percy Lee Jones, Jr. And Thomas L. Wilkinson, General Partners Signature General Partner Title A. DESCRIPTION An Ordinance upon Application of Ace Auto Glass, d Virginid Generdl Partnership for a change In a nonconforming use at the northeast corner of Virginia Beach Boulevard and Mediterranean Avenue on Lots 1-5, Block A, Virginia Beach Park Corporation. Said parcel contains 31,850 square feet. VIRGINIA BEACH BOROUGH B. ADMINISTRATIVE COMMENTS Description of Request The applicant is requesting an expansion of a nonconforming use in the RT-3 Resort Tourist District. The applicant proposes to expand a glass business to include an additional 2,720 square feet of floor area. The business currently occupies 2,956.4 square feet of a one story building which totals approximately 29,302.5 square feet. The total floor area of the glass business after the increase would be 5,676.4 square feet. Zoning and Land Use Surrounding property to the north, south, east and west of the request is zoned RT-3 Resort Tourist District. Land uses within the area include commercial uses to the north, south and west and a vacant parcel edst Of the request. The zoning history map indicates that land use activities granted have included multi-family residential uses and commercial uses. Water and Sewer Th-ere is an eight (8) inch water line along Mediterranean Avenue and an eight (8) inch sanitary sewer line along Virginia Beach Boulevard. C. COMPREHENSIVE PLAN The Land Use Plan recommends that this area is suitable for future tourist and convention related development, including commercial, apartments, and medium density hotels. D. EVALUATION The proposed expansion is acceptable. It is equally appropriate to the district as the existing nonconformity dnd would not require expansion of the existing building. The request is in keeping with the existing uses in the surrounding area. C-) 0 1 00 rD CL CL CD m 00 o o, c 11 c 00 c co 4 - 28 - Item IV-H.l.i. PUBLIC REARING PLANNING ITEM # 30427 Craig Allen, represented the applicant and requested WITHDRAWAL. The following registered in OPPOSITION but were not opposed to the WITHDRAWAL: Reverend Jerome C. Ross, 310 North Birdneck Road, Phone: 422-5048 Susie Whitehurst, rrepresented the Seatack Civic League Upon motion by Councilman Perry, seconded by Councilman Balko, City Council ALLOWED WITHDRAWAL of Ordinances upon application of J. L. CAFFREY for a Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF J. L. CAFFREY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 to B-2 Ordinance upon application of J. L. Caffrey for a Change of Zoning District Classification from A-12 to B-2 Business District on certain property located at the southwest corner of North Birdneck Road and Carver Avenue. Said parcel contains I acre. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. A N D, ORDINANCE UPON APPLICATION OF J. L. CAFFREY FOR A CONDITIONAL USE PERMIT FOR A CAR WASH AND OFFICE/STORAGE FACILTTY Ordinance upon application of J. L. Caffrey for a Conditional Use Permit for a car wash and office/storage facility on certain property located at the southwest corner of North Birdneck Road and Carver Avenue. Said parcel contains 1 acre. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss - 29 - Item IV-I.I. CONSENT AGENDA ITEM # 30428 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council APPROVED Items 1, 2, 3 and 4 of the CONSENT AGENDA in ONE MOTION. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss - 30 - Item IV-I.I. CONSENT AGENDA ITF24 # 30429 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $94,445; and, TRANSFER $7,299 from Reserves to fund nine additional temporary positions in the Sheriff's Department. Voting: 9-0 Council 14embers Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss AN CRDIMWE TO APPROPRIATE $94,445, AND MMSFER $7,299 ERCM RESERVES TO FUND NINE ADDITIO @ Y POSITIONS IN TIBE SHERIFF'S DEPAR@ WHEREAS, the Corrpensation Bc)ard of the Common@alth is aware of security staffing shortages presently be@ experienced in the Virginia Beach Courts, and has notified the Sheriff that it has approved nine (9) additional temporary Bailiff positions whose salaries and fringe benefits are 100% re@rsed frorn the Cor=nwealth, and WHEREAS, the additional total operating costs of the nine (9) temporary positions, effective December 1, 1988, is estirmted at $101,744, and will be funded by $94,445 in reimbursenents frcrn the CaiviK)fiwea]Lh for salaries aivj fringt- benefits, and $7,299 from the city for operaling SLipplies. NOW, , BE IT ORDAINED BY THE CAMIL OF THE CIIN Or VLRGINI.A BMM, VIRGINIA, that funds in the amount of $94,445 are hereby appropriated and $7,299 transferred from General Fund Reserves to finance the operating costs for nine (9) additiorial temporary Bailiff positions. BE IT FURTHER ORDAINED that estimated Revenues Frcm the Ccwmnwealth in the form of reimbursements be increased by $94,445. Adopted by the Council of the City of Virginia Beach, Virginia, this 28th day of November , 1988. This ordinance shall be in effect from the date of its adoption. First Reading November 21, 1988 Second Reading: November 28, 1988 - 31 - Ttem IV-1.2. CONSENT AGENDA ITEM # 30430 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE a $10,000 grant from the Virginia Council on the Environment to evaluate the Erosion and Sediment Control program. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss 0 u AN TO A $10,000 GRMR FIM THE ON TM AND TO TRAMFER $3,000 FROM ME FY 1988-89 0 BUD= the City Council of Virginia Beach, Virginia has expressed status of the enviroment, specifically over the erosion problems in various areas of the City, and WBEREAS, the city has applied for and received a grant in the amomt of $10,000 fr(xn the Vircjinia Council on the Envirormient to retain a co@tant to evaluate the effectiveness of the City's existing Erosion and Sediment Control p and WHEREAS, a transfer of $3,000 will be needed fran sources within the FY 1988-89 Cperating Budget to provide the local mtch which is required by the grant. NOW @RE BE IT OPDA= BY THE C= OOUNCIL OF THE CIIY OF @INIA BEACH, that the $10,000 grant fran the Virginia Council on the Envir,oment be accepted and appropriated to the Office of Envirormiental Management and that the required $3,000 mtch be transferred frctn sources within the FY 1988-89 Cperating Budget of the office of Enviromental Management. BE IT ORDAINED, that this appropriation be offset by a $10,000 increase in the estimted revenue as a result of the gr-ant fr(in the Virginia Council on the Envimment, and BE IT OPM=, that the City Manager be authorized to enter into a contract with a oonsult@ firm for the purposes of ccnpleting a study of the City's existing Erosion and Sed@t Control program. MUS CRDINANCE SHALL BE IN AFTECR FROM nE EATE OF ITS ADOFRION. Adopted on 28th of November 1988. First Reading November 21, 1988 S@rid Readirig November 28, 1988 - 32 - Item IV-I.3. CONSENT AGENDA ITEM # 30431 Upon motion by Councilman Ileischober, seconded by Vice Mayor Fentress, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $10,000 to the Department of Mental Health/Mental Retardation and Substance Abuse for early intervention planning and to fund full time position increases for the Mental Health/Mental Retardation Educator I. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss AN ORDINANCE TO APPROPRIA'IE IN UE OF $10,000 TO nE DEP OF MUAL I AL RETMMTION AND SUBSTANCE ABUSE F'OR EARLY ION PLANNING WBEREAS, the federal gavernment, in response to Public I-aw 99-457 dealing with education for harxiicapped children, has mandated that services be provided to very young children with @ial devel t needs, and WHEREAS, the federal government has made available to the CcmnorTwealth of Vircjim'a furxls to plan, develop, and inpl@t a statewide, interagency service system to address these special devel t needs, and WHEREAS, the V@ini'a Department of Mental Health/ Mental Retardation and Substance Abuse Services, has provided a portion of these funds in the ammt of $10,000 to the City of Virgim'a Beach for plannincj of such services, and WHEREAS, such plaming will be a lished by the adclition of work hours to a current part time City position in the Departrnent of Mental Health/ mental Retardation and Substance Abuse for the rerminder of FY 88-89, NOW RE BE rr 0 BY IM COMCIL OF IM CITY OF VIM@ BEACH, @INTA that funds in the amount of $10,000 be appropriated by the City of Virg@a Beach for plaming of an Early Intervention Interagency Project, and that revenue frcm the Federal gav@ t be by $10,000. BE IT 0 that fall time equivalents for the position of Educator I be by 0.2 in the Department c)f Mental Health/ Mental Retardation ancl substance Abuse for Fy 88-89. 'Ihis ordinance @hall be effective fran the date of its adoption. Adcpted by the Council of the City of Virginia Beach, virginia on the 28th @y of November 1988. First ReadiM NoVember 21, 1988 Sewrid Rp-ading November 28, 1988 - 33 - Item IV-I.4. CONSENT AGENDA ITEM # 30432 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $285,539 to the Department of Social Services from reserve for contingencies to increase Day Care provisions for children of low income families. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss AN ORDD4ANCE 'M APPRO@'IE FUNDS IN THE AMAM OF $285,539 TO @ DEP OF SOCIAL SBMCES AND TO TRANSFER $31,727 FROM RESERVE FIC)R = TO DE DEP OF SOCIAL SERVICES , the General Asseirbly of Virginia, respondir)g to the critical needs for child services for low families, appropriated $13 million in the FY 88-90 bimdum, and WHEREAS, the City of Virginia Beach was allocated $375,539 of these furxls for FY 88-89, of which $90,000 was included in the Approved FY 88-89 Cperating Budget, leavirxg a balance of $285,539 available for appropriation and use, and WHEREAS, these funds require a inatch of local funds in the amount of $31,727 for the balance to be appropriated, and , the use of such funds will increase the number of children provided day care by 263, thus requiring additional staff support for caseload management, NOW BE IT 0 BY THE CCUNCIL OF UIE CRIY OF VIWINIA BEACH, WM@ that funds in the amomt of $285,539 be appropriated to the Depart;nent of Social Servioes for child day care for low incom families and that revenue fran the C=mnwealth be by $285,539. BE rr 0 that funds in the @t of $31,727 be transferred from the Reserve for Contingencies to the Department of Social Services to provide the required Patch for the state funds. BE IT ORDAMM that one full time permanent Social Worker I position be added to the Department of social services to process applications, monitor day care paymnts, and ccuplete other day care case work. s ordinance shall be effective frcm the date of its adoption. Adopted by the Cm=il of the City of Virginia Beach, Virginia on the daY of November 1988. First Reading 21, 1998 Second Reading ovember 28, 1988 - 34 - Item IV-K.I. NEW BUSINESS ITEM # 30433 Edward and Edna McPherson, 5349 Blackwater Loop, Phone: 421-9722 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council SCHEDULED for the City Council Meeting of December 5, 1988: Ordinance to amend and reordain Section 19-19 of the Code of the City of Virginia Beach, Virginia pertaining to Free Standing Mobile Homes. AND, DEFERRED until the City Council Meeting of December 12, 1988, application of EDWARD AND EDNA McPHERSON, 5349 Blackwater Loop (BLACKWATER BOROUGH), in accordance with Section 19-19 of the Code of the City of Virginia Beach, for a free-standing mobile home in a Agricultural District for a two-year period. Voting: 9-0 Council Meribers Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. NicClanan and John D. Moss - 35 - Item IV-K.2. NEW BUSINESS ITEM # 30434 Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 2-20 of the Code of the City of Virginia Beach re time and place of City Council Meetings. This Ordinance shall be effective January 1, 1989. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss *Verbal Aye Requested by Vice Mayor Fentress 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 2-20 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO TIME AND PLACE OF 5 CITY COUNCIL MEETINGS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 2-20 the Code of the City of Virginia 10 Beach is hereby amended and reordained to read as follows: 11 12 13 Section 2-20. Time and place of regular meetings. 14 15 Regular meetings of the council shall be held in the 16 Administrations City Hall Building, Municipal Center, Virginia 17 Beach, Virginia, on the first, second and third Moiidays at 1:00 18 p.m. and on the fourth Monday of each month at 6too 5:00 p.m., 19 unless such date shall fall upon a legal holiday, in which case 20 the meeting will be held on the next succeeding day which is not 21 a holiday and at the same hour, except as otherwise provided by 22 special resolution of the council. However, in July of each year 23 there shall be regular meetings only on the first two (2) Mondays 24 of the month. 25 To accommodate citizen participation in public 26 hearings, the council may by resolution convene any couiicil 27 meeting at such public facility in the city that will in the 28 judgment of city council accommodate the citizetis; provided, 29 however, that notice shall be provided to the press by the city 30 manager. 31 Adopted by the Council of the City of Virginia 32 Beach, Virginia, on the 28th day of November 19 88. 33 34 JDB/epm 35 11/21/88 36 CA-03042 37 \ordin\proposed\02-020.pro 38 - 36 - Item IV-K.3. NEW BUSTNESS ITEM # 30435 ADD-ON Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance relating to the Contract of the City Manager of the City of Virginia Beach and Authorizing the Transfer of Necessary Funds. The Ordinance increases the City Manager's Annual Salary to $93,750.00, grants him a $5,000 one-time performance payment and increases his present car allowance from $400 to $450 per month with a five-(5) year contract effective 1 December 1988. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and John D. Moss 1 AN ORDINANCE RELATING TO THE 2 CONTRACT OF THE CITY MANAGER OF THE 3 CITY OF VIRGINIA BEACH AND AUTHORIZING 4 THE TRANSFER OF NECESSARY FUNDS 5 6 7 8 WHEREAS, the City Council has reviewed the performance 9 of the City Manager of the City of Virginia Beach; 10 WHEREAS, the City Council desires to provide an agree- 11 ment for the services of the City Manager from December 1, 1988, 12 to November 30, 1993; 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 1. That a FIVE THOUSAND DOLLAR ($5,000.00) one-time 16 performance payment to the City Manager is hereby authorized, 17 payable December 1, 1988. 18 2. That the ASsistant City Manager for Analysis and 19 Evaluation is hereby authorized to transfer the necessary funds 20 to meet the one-time performance payment and the terms of the 21 Agreement between the City Council and the City Manager's con- 22 tractual arrangement between December 1, 1988, and November 30, 23 1993 . 24 3. That the Mayor is hereby authorized to execute the 25 attached Agreement between the City of Virginia Beach, Virginia, 26 and Aubrey V. Watts, Jr., City Manager, dated the 28th day of 27 November 1988. 28 29 This ordinance shall become effective December 1, 1988. 30 31 Adopted by the Council of the City of Virginia Beach, 3 2 Virginia, this 28th day of November 1988. 33 34 JDB/cb 35 11/08/88 36 11/15/88 37 11/28/88 38 CA-3024 39 Manager.ord - 37 - Item IV-K.4. NEW BUSINESS ITEM # 30436 ADD-ON BY CONSENSUS, City Council AUFHORIZED Advertising of Charter Amendments and Transfer of Development Rights Authority for 1989 Legislative Package. Public Hearing shall be SCHEDULED for the City Council Meeting of December 12, 1988. Item IV-L.1 ADJOURNMENT ITEM # 30437 Upon motion by Councilman Heischober and BY ACCLAMATION, City Council ADJOURNED the Meeting at 8:10 P.M. Beverly,<O. Hooks Chief Deputy City Clerlc -Ruth Hodges Smith, CMC M y r. Obr.@orf M, City Clerk 'Y"r City of Virginia Beach Virginia