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Home My WebLink AboutJANUARY 11, 1988 "I- 13@.Li@ll "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. JONES, A@ L.,g, VICE MAYOR MEYERA E. OBERNDORF, Al I.,g, A@ERT W. BAL.KO, L,@@h.... @.gh JOHN A BAUM, @.gh ROBERT E. FENTRESS, V@,gi@i. &.,h B,@@gh HAROLD HEISCHOBER, A@ L,,g, BARBARA M HENLEY, P.@g@ @@.gh REBA S. MCLANAN, P@-, A.., B-..gh JOHN D. MOSS, K,.,@ill, @-gh NANCY K. PARKER, A, L.,g, JOHN L- PERRY, B@,@d, B,.@gh 281 Cl@ HALL BUILDING MUNICIPAL CENTER CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456 9002 A- I -M, JR, CII, M.- (804) 427-4303 j@ - MU@N, C.., A-- R@H .@O WUH, CMCI@, C., C@ January 11, 1988 ITEM I. COUNCIL CONFERENCE SESSION - CDnference Rom - 11:00 AM A. CITY COUNCIL CONCERNS ITF-M II. INFORMAL SESSION - Conference Rom - 11:30 AM A. CALL TO ORDIER - Mayor Rcbert G. Jones B. ROLL CALL OF COUNCIL C. RBCESS TO IVE SESSION ITEM III. SESSION - Council Chamber - 2:00 PM A. INVOCATION: Father Joseph L. Clark St. mark's Catholic Chtirch B. PLEDGE OF ALLEG TO THE FLAG OF THE UNITE-D STATES CF AMERICA C. ELECTRONIC RDLL CALL OF CITY COL114CIL D. ADDPRION OF ITEMS FOR THE FO@ AGENDA E. MINOTES 1. msiEMORATIVE SESSION 'IWENRY-FIFTH ANNIVERSARY - January 1, 1988 2. INFOIMAL & FO@ SESSIOW, - January 4, 1988 F. PUBLIC 1. VIRGINIA TISSUE RANK - Tax oxempt status G. PUBLIC HEARING 1. PLANNING a. RECONSIDERATION of the Conditions in th(-, June 1, 1987, application of David I. and Gale M. @vine for a Change of ZoniM frcm A-1 Apartment District to A-4 Apartuent District, South of Shore Drive and East of North Great Neck Road, (Lynnhaven Borouqh). ADDPIED by City Council - June 1, 1987. Peccmendation: ALLOW VAL b. Application of G. Earl and louise B. Perry and Blanche J. Barnard for a Chanqe of Zoninq frc(n R-6 Residential District to 0-1 Office District on Lots 32, 33, 34, 35 and 87 at the Southeast interse,&t-ion of South Witchduck PDad and Bonney POad, containinq 10.494 acres (Kempsville Borouqh). R-ccm(,ndation: ALLOW WRMDRAWAL c. Application of Ryder Truck @ntal, Inc. for a Conditional Use Permit for motor vehicle sales and rental- (truck rental) at the Nc)rthwest corn(@r of General Booth Poul(@vard and London Bridge Road, containing 18.124 acr(,s ( Princess Anne Boro@h Reccmendation: ALLOW WITHD@ d. Ap .plication of Jirnmy B. and @linda G. Kicklighter for a Conditi.onal Use Pemi.t for a private school (preschool kindergarden) on LDt 3, Block 1, Tidewater Park (4837 Princess Anne Poad), containing 20,909 squarp- feet (Kempsvill.e Borough). Reccmendation: ALLCW WITHDRAWAL e. Application of Atlantic Shores Baptist Church for a Conditional Use Pennit for a Church on the North side of Kempsvill,- lbad, 1670 fe(,,t more or less East of Centerville Turnpike (1861 Kempsvil.le Ibad), containing 8.7204 acres, (Kempsville Borough). Reccmendation: APPROVAL f. Application of Shore Line Free Will Baptist Church for a Cc)nditional Use, Permit for a Church on Parcel. C-1, Ho]-land Terrace (485 Sc)uth IndE,,pendence Bc)LLI(,vard), containing 2.052 acres (Kempsville Llorouqh). Reccmmendation: APPROVAL g. Application of Bernie Vbller for a Conditional Use Perrnit for a single fanily residence in the AG-1 District on the East sid(,, of New Bridge lbad, 2059 feet South of Sandbridge Road (3022 New Bridqe Road), containing 16.71 acres (Princess Anne Borouqh). Reccnnendation: APP@ h. Application of Thcmas C. Kay for a Conditional Use @-rmit for a single farnily dwIliM in the. AG-1 Agricultural Di trict AND a mobile horne for fartn laborers on the @.st side of Princess Annc Road, 1260 feet more or less South of North Middy CrE,,ek fbad, (1660 Princess Ann(, Thad), containinq 71.31 acres (Punqo Borough). Reccmmendation- APP@ i. Application of Amoco oil Ccnpany for a Conditional -Use Permit for a gaso-line service station with car wash in conjuncti.on with a convenierice store at thc,, Southwst corner of Virginia Bk-ach Boulevard and North Birdneck Poad, containi.ng 28,166 square feet (Lynnhaven Boro@h). @,ccmendation: APP@ j. Application of KAH-Tidewater Holding Corporation for a Conditional Use Pemit for an autcinobile sales and service facility at the rtheast corner of Virqinia B(,,ach Boulevnrd and Malibu Drive, containing 7.423 acres (Lynnhaven Borough). Recamendation: APPROVAL k. Applications of Devon Holloway (309 south Birdneck Poad) (Lynnhaven BoroLigh): For a Variance to Section 4.4.(b) of the qubdivision ordinance I-rtai.ninq to lots created by the subdivision must meet all recruireme nts of thc@ zoniryj ordinanc(,,. AND, For a Change of Zoning from I-I Light Industrial District to R-5 Residential District 200 feet more or less Vbst of South Birdneck lbad beginninq at a pc)int 670 feet South of Beautiful Street, containing 32,670 square feet; DEFERRED Dec,@,r 21, 1987 Recomendation: APPROVAL for Both Applications H. ORDINANCES/RESOLURION 1. ordinance to transfer $25,000 frcin @.serve For Contingencies to Tax Exmption Program for the elderly. 2. Ordinance to establish four additional positions within the Juvenile Probation Court Services Unit; AND, transfer $29,347 for the salaries and associatp-d costs of the positions. 3. Ordinance to AMEND and RE)ORDAIN Divisi.on 2 of the Code of the City of Virginia Beach, Virginia, by ADDING thereto Section 2-43 pertaini.ng to decorm and order. 4. @solution requestirig the Governor of Virginia and the 1988 General Assembly study further thE, Joint legislative Audit @view ssion (JLARC) report regarding cmputing the forrnulas used to distribute State School Aid. 5. @.solution supporting Legislation which will designate property owned by Virginia Tissm Bank as bkim CXEMPT frcrn State and local Taxation. CONSENT AGENDA All matters 1-istpd under the Consent Aqenda are considered in the- ordinary course ot business by City (buncil and wil-1 be enacted by one motion in the form listed. If any item is r@moved from the Consent Pgenda, it will be discuss(,d and voted upon separately. 1. ordinance to AMEND and REORDAIN Section 10-1 of the Code of the City of Virginia Beach, Virqinia pertaining to Polling Places to establ.ish a precinct at St. Andrews United Methodist Church. 2. ordinance to AMEND and REORDAIN Section 5-31 ot the Code of th(-,. City of Virginia Beach, Virginia pertaining to bird sanctuaries to designate Ballylinn Shores (Keinpsvill@ Borough). 3. Crdinance authorizing and directing the City Manager to execute the Police Mutual Aid agreement between th@ Cities of Suffolk and Virginia Beach. 4. ordinance Lipon FIRST READING to ACCEPT and APPROPRIATE $13,735 frm the U. S. DLpartmnt of Housing and Urban Development for an R-rg-y Ho-ing prog-. 5. lbsolution authorizing the City @lanager to proceed with design and construction of the Indian River lbad, Phas(-, IV CIP 2-065 project: a. Fbur-lane undivided arterial frcm Ferrell Parkway to Indian Lakes BDulevard, b. A four-lane divided arterial from Indian Lakes Boulevard to Lynnhav- Park-y, c. Right-of-way for an ultitnate six-lane divided arterial be acquired frcm Iridian Lakes Boulevard to Lynnhaven Parkway. 6. LOW BID to Contractors Paving Campany, Inc. in the amomt of $124,748.62 for 1987-88 Bituminous Concrete Fesurfacing Schedule for Ccmpleted Utility Projects - Contract 1. 7. ordinance authorizing tax refunds in the @ount of $15,446.26 J. UNFINISHED BUSINESS 1. CANCEL or RESCBE@ CITY COUNCIL SESSION: Monday, February 15, 1988 (City Holiday) K. NEW BUSINESS 1. RECONSIDERAT]ION of conditions in the ap 'plication of Richard M. Mitzer, T/A Professional Center for a Change of Zoning frcin A-2 Apartnent District to 0-1 Off ice District at the northwst corne-r of First Colonial lbad and Old Donation Parkway, containing 1.584 acres, (Lynnhaven Borouqh). ADOPTED March 9, 1987 L. AW NT M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 11, 1988 The COUNCIL CONCERNS SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones, in the Conference Room, City Hall Building, on Monday, January 11, 1988 at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 2 - C I T Y C 0 U N C I L 0 0 N C E R N S ITEM # 28631 Councilwomen Henley and Parker had distributed a letter at the City Couicil Meeting of January 4, 1988, relative suggesting the third Monday ol- each month be designated entirely for PLANNING ITEMS with a six-month trial period to commence in February. Councilman Balko advised he had kept track of the time of the PLANNING ITEMS during the last City Council Meeting, the first, a ROAD CLOSURE , comprised all of one ininute. Two Planning Items compri3ed a total of 2 hours and forty minutes. Councilwoman Henley believed the length was not governed so much by Council Members discussion as the Public's concerns. There should be a determination as to how rquch discussion involved Council Members and how inuch involved non- Council Members. Councilman Moss advised last week Attorney Cromwell spoke almost 25 Llinutes. Attorney Grover 'Alright spoke for another 25 minutes. A system should be developed to signal time allocated. Councilman Perry advised the comrqents at the Planning Commission are repeated by the attorneys and citizens. Councilman Baum suggested perhaps the City Council take a one day trip to view the items on the Planning Agenda. The maps are not of good quality. Viewing the particular applicant's area might result in conserving time during the Ci-ty Council Meeting. In response to Councilmati Baum's inquiry, Councilwoman Henley advised the least controversial items would he placed at the first of the AGENDA with those most controversial at the end of the AGENDA. Councilwoman Parker referenced individuals appearing before the Supreme Court being allocated a certain period of time. On controversial items, Councilwoman Parker advised usually she was approached by both sides with informat4-on relative these aforementioned items and was rather informed prior to the City Council Meeting. Mayor Jones advised his approach had always been rather liberal allocating time for the individuals to present their case. These are very important matters to members of the Public who liave come before City Council. The City Council should be open and responsive to public input. Councilwoman Parker suggested perhaps scheduling a fifth City Council Meeting to be assured other matters are handled that are not allocated sufficient time. Councilwoman Henley advised her concern was the City Council was not able to give the attention needed to matters other than Planning. The first part of the Meeting is expended on the planning items and they consume so much of the time. Every week the Ordinances and Resolutions are diminished in importance as by this time all members are quite tired due to the length of time expended. Councilwoinan Henley also was concerned about staff time being so consumed. The Public tends to see their involvement related to the Planning Items. Attention needs to be given to these Planning Items and that is why by separating the Planning items froni the other business of the City it would give the Council a better opportunity to more effectively address these other aforementioned matters. Councilwoman Henley said it bothered her that Staff members, i.e, Robert Scott, Donald Trueblood, and John Herzke must attend the City Council Meetings every Monday. Councilman Heischober advised it was sensitive for the presiding officer to cut off a Speaker at a Public Hearing. Councilman Heischober suggested a MODIFICATION of the proposal, SCHEDULING all the Planning items in two meetings rather than just one. The City Code would be AMENDED to DELETE the night meeting. - 3 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 28631 Mayor Jones requested the City Clerk advise the length of time expended on PLANNING ITEMS versus the other items on the AGENDA. Councilwoman McClanan suggested SCHEDULING a Itclean-up" Meeting for items related to Deferrals, Street Closures, et cetera. Councilman Fentress requested opinions from the City Staff concerning this proposal. Councilman Fentress suggested placing time limits on the Public as well as the City Council. A ME240RANDUM from Robert J. Scott, Director of Planning, relative his Comments on Proposal to Hold Council Meetings on Planning Items Once Per Month was distributed to City Council (Copy of said Memorandum is hereby made a part of the record). Councilwoman McClanan advised the element that differentiated local government from State and Federal Government was the local Government was closer to the Public and listened to them. Vice Mayor Oberndorf advised many years ago the Meetings of City Council were very short as the Meetings were not posted when there was going to be a rezoning and not as accessible to the Public. In the last twenty-five years, the Meetings have become a very open and very public process. Councilwoman Henley and Parker have instittited a proposal which can be considered on its own merits. Councilman Heischober did not believe it fair to impose upon the chair who is going to speak, who is not going to speak and the length of time. Mayor Jones will confer with the City Manager and Staff and refine the Proposal to be responsive to all the comments. - 4 - ITEM # 28632 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, January 11, 1988, at 11:40 P-M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 5 - ITEM # 28633 Mayor Robert G. Jones 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. 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 plans for the future of an institution which could effect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Specific items of business on the City Council Agenda that may be discussed in Executive Session: III-F.l. Upon motion by Councilman Ileischober, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 6 - F 0 R M A L S E S S I 0 N VTRGINIA BEACH CITY COUNCIL January 11, 1988 2:20 P.14. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, January 119 1988 at 2:20 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McCianan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Father Joseph L. Clark St. Mark's Cathoiic Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 7 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item III-D.1 ITEM # 28634 Councilwoman McClanan referenced the addition of an item under NEW BUSINESS relative the language on the Charter Change for Tree Conservation and/or Replacement. Councilwoman McClanan will distribute this information and same will be SCHEDULED for consideration at the City Council Meeting of January 19, 1988. Item III-D.2. ITE14 # 28635 Councilman Fentress referenced the addition of an item under NEW BUSINESS. Item III-D-3 ITEM # 28636 Mayor Jones referenced the applications of Devon Holloway (309 South Birdneck Road), (Lynnhaven Borough): For a Variance to Section 4.4.(b) of the Subdivision Ordinance pertaining to lots created by the subdivision must meet all requirements of the zoning ordinance; AND, for a Change of Zoning from I-1 Light Industrial District to R-5 Residential District 200 feet more or e@s West of South Birdneck Road beginning at a point 670 feet South of Beautiful Street, containing 32,670 square feet (See Item TIT-G.k. of the PLANNING AGENDA). This application will be DEFERRED INDEFINITELY to respond to City Council's inquiries. The staff will be discussing this matter with the applicant's representatives this week. Item IIT-D-3- ITEM # 28637 The City Clerk referenced the application of Shore Line Free Will Baptist Church for a Conditional Use Permit for a Church on Parcel C-1, Holland Terrace (485 South Tndependence Boulevard), containing 2.052 acres (Kempsville Borough). (See Item TII-G.l.f. of the PLANNING AGENDA). Reverend Richard O'Neal, Pastor of Shore Line Free Will Baptist Church, wished to speak relative the condition. BY CONSENSUS, with the exception of Councilwoman McClana.,ils VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. 8 Item III-E.1 MINUTES ITal 28638 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council APPROVED the MINUTES of the COMMEMORATIVE SESSION TWENTY-FIFTH ANNIVERSARY - January 1, 1988. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 9 Item III-E.2. MINUTES ITEM 28639 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council APPROVED of the INFORMAL & FORMAL SESSIONS of JanuarY 4, 1988, AS AMENDED: Councilman Fentress referenced ITEM # 28612, page 27: Resolution requesting the General Assembly to AMEMD the Charter of the City of Virginia Beach to empower the City to impose a tax on the transfer of real estate upon approval by referendum. Councilman Fentress requested page 2 of a PROPOSED AMENDMENT TO THE CITY CHARTER OF THE CITY OF VIRGINIA BFACH, VIRGINIA, BY ADDING TO SECTION 2.02 SUBSECTION (g) PERTAINING TO ADDITIONAL POWERS be further AMENDED. On Line 49 Subsection 2, after the words "thereunder to the treasury of the City of Virginia Beach..", the words "to be placed in the transportation fund for the specific purpose of this amendment." shall be ADDED. A copy of the aforementioned AMENDED Resolution is hereby made a part of the proceedings. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Ileischober, Barbara M. Henley, 14ayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1 A RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY TO AMEND THE CHARTER OF 3 THE CITY OF VIRGINIA BEACH TO 4 EMPOWER THE CITY TO IMPOSE A TAX ON 5 THE TRANSFER OF REAL ESTATE UPON 6 APPROVAL BY REFERENDUM 7 8 9 WHEREAS, on January 4, 1988, in accordance with Section 10 15.1-935 of the Code of Virginia, as amended, the City Council of 11 the City of Virginia Beach held a public hearing concerning a 12 proposed amendment to the City Charter pertaining to the 13 imposition of a tax on the transfer of real estate for a 14 specified period of time upon approval by referendum; and 15 WHEREAS, after due consideration, it is the sense of 16 the City Council that the proposed charter amendment should be 17 enacted; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 20 THE CITY OF VIRGINIA BEACH, VIRGINIA, that the General Assembly 21 is hereby requested to amend Section 2.02 of the Charter of the 22 City of Virginia Beach by enacting the amendment hereto attached 23 for financing on a cash basis new construction and 24 reconstruction of roads, highways, and bridges; 25 And the City Clerk is hereby directed to forward a 26 copy of the Resolution to each member of the General Assembly 27 representing the City of Virginia Beach. 28 2 9 30 Adopted by the Council of the City of Virginia Beach 31 this 4th day of January, 1988. 32 LLL/lmt 3 3 12/28/87 3 4 01/04/88 35 CA-02539 36 TAX.LLL 1 A PROPOSED AMENDMENT TO THE CITY CHARTER OF 2 THE CITY OF VIRGINIA BEACH, VIRGINIA, BY 3 ADDING TO SECTION 2.02 SUBSECTION (g) 4 PERTAINING TO ADDITIONAL POWERS. 5 6 7 Section 2.02. Additional powers. 8 9 (g) Imposition of tax on the transfer of real estate for a 10 specified period of time upon approval by referendum for 11 financing on a cash basis new construction and 12 reconstruction of roads, highways, and bridges. If approved 13 by the majority of the qualified voters voting in an 14 election conducted as provided in section 24.1-165 of the 15 Code of Virginia, the City Council of the City of Virginia 16 Beach shall have the authority to impose by ordinance: 17 18 .(I) A tax on each deed admitted to record, except a deed 19 exempt from taxation by law, by which lands, tenements 20 or other realty sold is granted, assigned, or 21 transferred, or otherwise conveyed to, or vested in the 22 purchaser, or any other person, by such purchaser's 23 direction. The rate of the tax, when the 24 consideration or value of the interest exceeds one 25 hundred dollars ($100.00) shall not exceed one percent 26 (1%) of the consideration of the deed or the actual 27 value of the property conveyed whichever is greater. 28 29 Such ordinance may further provide that the tax 30 authorized by these provisions shall be paid by the 31 purchaser or any person to whom real property is being 32 transferred by any deed, instrument or writing subject 33 to state recordation and grantors taxes imposed by 34 Chapter 8 of Title 58.1 of the Code of Virginia. 3 5 36 Such ordinance may further provide that no such deed, 37 instrument or other writing shall be admitted to 38 record until the tax authorized by these provisions has 39 been paid to the clerk. 40 41 The tax imposed under authority of this section shall 42 be computed only with respect to property located in 43 this city. 44 45 -(2) Taxes imposed by such ordinance shall be collected as 46 provided in section 58.1-812 of the Code of Virginia 47 and the ordinance shall require the clerk to return all 48 taxes collected thereunder to the treasury of the City 49 of Virginia Beach to be placed in the transportation 50 fund for the specific purpose of this amendment. 51 52 Such ordinance shall also provide for reasonable 53 compensation for the clerk of court collecting such 54 taxes thereunder. 55 56 In the event a majority of the qualified voters voting 57 fail to approve the authority for such ordinance, no 58 subsequent election proposing said ordinance may be 59 held within a five (5) year period. 60 61 LLL/lmt 62 12/18/87 63 01/04/88 64 01/12/88 65 CA-02539 66 charter.pro 2 - 10 - Item III-F.l. PUBLIC HEARING ITEPI # 28640 Mayor Robert G. Jones DECLARED a PUBLIC HEARING: VIRGINIA TISSUE BANK - Tax exempt status The following spoke in support of the Resolution: Attorney Eric Hauser, 220 63rd Street, represented the Virginia Tissue Bank, and distributed a statement depicting the salaries of the Officers (said statement is hereby made a part of the record). Virginia Tissue Bank is a non-profit 501(c) (3) Corporation, organized for the facilitating of the transplanting of human tissue, processing the human tissue, developing new techiliques for processing and transplanting and conducting research and programs, assimilating this information to other tissue banks across the Country. Virginia Tissue Bank is probably the largest free-standing tissue bank in the Nation. The Tissue Bank is requesting a Resolution supporting the Tissue Bank's request for exemption from taxation, retroactively to the date ol- its initial conduct of business. The Tissue Bank is perform@-ng a vital function of a hospital. Under the State Law, it is against the law to buy and sell tissue. All tissiie received is by donation. The only charge is a processing fee. There is no sale to the receiving patient. Dr. Richard Hurwitz, 924 Downshire Chase, Phone: 498-3057, Medical Director of the Virginia Tissue Bank. Bill Anderson, 5809 Ward Court, Phone: 464-4761, Executive Director of the Virginia Tissue Bank, registered to speak but WAIVED his right to speak. There being no further speakers, Mayor Robert G. Jones CLOSED THE PUBLIC HEARING. Item III-F.l. PLANNING ITE14 28641 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING a. DAVID I. AND GALE M. LEVINE RECONSIDERATION OF CONDITIONS b. G. EARL AND LOUISE B. PERRY CHANGE OF ZONING AND BLANCHE J. BARNARD c. RYDER TRUCK RENTAL, INC. CONDITIONAL USE PERMIT d. JIMMY H. AND MELINDA G. KICKLIGHTER CONDITIONAL USE PERMIT e. ATLANTIC SHORES BAPTIST CHURCH CONDITIONAL USE PERMIT f. SHORE LINE FIREE WILL BAPTIST CHURCH CONDITIONAL USE PERMIT g. BERNIE WALKER CONDITIONAL USE PERMIT h. TH014AS C. KAY CONDITIONAL USE PERMIT i. AMOCO OIL COMPANY CONDITIONAL USE PERMIT j. KAH-TIDEWATER HOLDING CORPORATION CONDITIONAL USE PERMIT k. DEVON HOLLOWAY VARIANCE AND CHANGE OF ZONING - 12 - Item III-G.1 PUBLIC HEARING PLANNING ITEM # 28642 Upon motion by Councilman Perry, seconded by Councilman Balko, City Council ALLOWED WITHDRAWAL of Items III-G.l.a., III-G.l.b., III-G.l.c. and III-G.l.d. of the PLANNING AGENDA. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Pentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 13 - Item III-G.l.a. PUBLIC HFARING PLANNING ITEM # 28643 Upon motion by Councilman Perry, seconded by Councilman Balko, City Council ALLOWED WITHDRAWAL of the application of DAVID I. & GALE M. LEVINE for the RECONSIDERATION of CONDITIONS placed upon the Ordinances for a Change of Zoning from A-1 to A-4 ADOPTED by City Council on June 1, 1987. ORDINANCE UPON APPLICATION DAVID I. & GALE M. LEVINE FOR THE RECONSIDERATION OF CONDITIONS PLACED ON THE APPLICATION FOR A CHANGE OF ZONING FROM A-1 TO A-4 (ADOPTED BY CITY COUNCIL ON JUNE 1, 1987). Application of David I. & Gale M. Levine for the reconsideration of conditions placed on the application for a change of zoning from A-1 to A-4 on June 1, 1987. Property is located south of Shore Drive and east of North Great Neck Road. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 14 - Item III-F.l.b PUBLIC HFARING PLANNING ITEM # 28644 Upon motion by Councilman Perry, seconded by Councilman Balko, City Council AIJ,OWED WITHDRAWAL of an Ordinance upon application of G. EARL PERRY, LOUISE B. PERRY AND BLANCHE J. BARNARD for a Change of Zoning: ORDINANCE UPON APPLICATION OF G. EARL PERRY, LOUIS B. PERRY AND BLANCHE J. BARNARD FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO 0-1 Ordinance upon application of G. Earl Perry, Louise B. Perry and Blanche J. Barnard for a Change of Zoning District Classification from R-6 Residential District to 0-1 Office District on Lots 32, 33, 34, 35 and 87 located at the southeast intersection of South Witchduck Road and Bonney Road. Said parcel contains 10-494 acres. Plats with more detailed information are available in the Department of Planning KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1 5 Item III-G.l.c. PUBLIC HFARING PLANNING ITEM # 28645 Upon motion by Councilman Perry, seconded by Councilman Balko, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of RYDER TRUCK RENTAL, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RYDER TRUCK RENTAL, INC., FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND RENTAL (truck rental) Ordinance upon application of Ryder Truck Rental, Inc., for a Conditional Use Permit for motor vehicle sales and rental (truck rental) on certain property located at the northwest corner of General Booth Boulevard and London Bridge Road. Said parcel contains 18.124 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 16 - Item III-G.l.d. PUBLIC HEARING PLANNING ITEM # 28646 Upon motion by Councilman Perry, seconded by Councilman Balko, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of JIMKY H. & MELINDA G. KICKLIGHTER for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF JIMMY H. & MELINDA G. KICKLIGHTER FOR A CONDITIONAL USE PERIIIT FOR A PRIVATE SCHOOL (PRESCHOOL KINDERGARTEN) Ordinance upon application of Jimmy H. & Melinda G. Kicklighter for a Conditional Use Permit for a private school (pre c@hool kindergarten) on lot 3, Block 1, Tidewater Park. Said parcel is located at 4837 Princess Anne Road and contains 20,909 square feet. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 17 - Item III-G.l.e. PUBLIC HFARING PLANNING ITEM # 28647 Attorney Martin Boelens, Jr., responded to Councilwoman Parker's inquiry relative the utilization of a neighborhood street for ingress and egress. Attorney Boelens advised it was supplied with a barrier by the developer on Dillon Drive and a fence by the Church and part of the Category IV landscaping would be in front along the neighborhood. Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council- ADOPTED an Ordinance upon application of ATLANTIC SHORES BAPTIST CFTRCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ATLANTIC SHORES BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT R01881103 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Atlantic Shores Baptist Church for a Conditional Use Permit for a church on the north side of Kempsville Road, 160 feet more or less east of Centerville Turnpike. Said parcel is located at 1861 Kempsville Road and contains 8.7204 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. A variable width right-of-way dedication is required along the frontage of this site on Centerville Turnpike. 2. Category IV landscaping in accordance with the proposed landscaping, screening, and buffering specifications and standards shall be installed along the northeastern boundary where the subject site abuts residenti-al property 3. The existing curb cut on Centerville Turnpike nearest the intersection shall be eliminated. 4. The second curb cut on Centerville Turnpike shall be relocated to align with the main entrance to the proposed shopping center to the west and the median opening. 5. The northernmost curb cut on Centerville Turnpike is acceptable. 6. No additional curb cuts will be permitted on Kempsville Road. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. - 18 - Item III-G.l.e. ITE14 # 28647 (Continued) PUBLIC HEARING PLANNING This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of JanuarVNineteen Hundred and Eighty-eight. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None STA@ OF OCNSENT APPLICANT: Atlantic Shores Baptist Church APPLICATION: Conditional Use I)e-rmit DESCRIPTION: Church CITY COUNCIL SESSION: January 11, 1988 TITE UNDERSIGNED OVINER OR LEGAL REPRESETTFATIVE FOR THE CWNER, (or Anent for the Owner), [AS P=EWED THE CONDITIONS FIOR APPROVAL (REQ(JIREMENTS) RFCCt24ENrED BY THE VIRGINIA BFAU] PTN@ING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIPMATIVE ACTION ON THIS EATE AS THEY APPLY TO THE REFEREkrFD APPLICATION FOR N4ENITIE@Tf TO TEIE ZONING MAP OF THE CITY OF VIRGINIA BFACEI, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO, 1. A variable width right-of-way dodication is required alorig the frontage of this site on Centen7il-le Turnpik(,,. 2. Category IV landscaping in accordance with the proposed landscapinq, screening, and bufferinq specifications and standards shall be installed along the northeastern boundary where the subject site abuts residential property. 3. 'Ihe -xistinq curb cut on Genterville Turnpike nearest the intersection shall be eliminated. 4. The second curb cut on Genterville Ttirnpi.ke shall be relocated to align with the main entrance to the, proposed shoppinq center to the ,jest and the median opening. 5. The northerruftost curb cut on CentEn7ille mrnpike is acceptabl-c. 6. I\b additional curb cuts will be pennittod on Kempsville Poad. Owner By: Attorney Date: - 19 - Iter.i III-G.l.f. PUBLIC HEARING PLANNING ITEM # 28648 Reverend Richard O'Neal, 1212 Geranium Crescent, Phone: 472-0629, Pastor of Shoreline Freewill Baptist Church and requested the Conditional Use Permit be approved for two (2) years. The BZA on November 11, 1987, granted a variance of 2.96 acres of land area to .04 acres of land area instead of 3 acres of land areas as required for a church, with the condition that it would be for one year only. Katherine Clark, represented the owners and the management, and advised of the large burden of expense on such a small church Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorl-, City Council ADOPTED: ORDINANCE UPON APPLICATION OF SHORE LINE FREE WILL BAPTIST CHURCH FOR A CONDITTONAL USE PERMTT FOR A CHURCH R01881104 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Shore Line Free Will Baptist Church for a Conditional Use Permit for a church on Parcel C-1, liolland Terrace. Said parcel is located at 485 South Independence Boulevard and contains 2.052 acres. K&14PSVTLLE BOROUGH. The following condition shall be required: 1. Approval shall be for two (2) years with the understanding the applicant must apply for an additional one (l)-year VARIANCE from the Board of Zoning Appeals. (Granted November 11, 1987). This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of January Nineteen Hundred and Eighty-eight. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 20 - Item III-G.l.g. PLANNING ITEM # 28649 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council DEFERRED for two weeks, until the City Council Meeting of January 25, 1988, an Ordinance upon application of BERNIE WALKER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BERNIE WALKEI FOR A CONDITIONAL USE PERMIT FORA SINGLE FAMILY RESIDENCE Ordinance upon application of Bernie Walker for a Conditional Use Permit fora single family residence in the AG-1 District on the east side of New Bridge Road, 2059 feet south of Sandbridge Road. Said parcel is located at 3022 New Bridge Road and contains 16.71 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. This application was DEFERRED as neither the applicant nor his representative were in attendance at the City Council Meeting. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Ilenley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 21 - Item III-G.l.h. PUBLIC HFARING PI.ANNING ITF14 # 28650 Attorney Grover Wright represented the applicant Upon motion by Councilwoman Henley, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of THOMAS C. KAY for a Conditional Use Permit ORDINANCE UPON APPLICATION OF THOMAS C. KAY FOR A CONDITIONAL USE PEFU4IT FOR A SINGLE FAMILY DWELLING IN THE AG-1 AGRICULTURAL DISTRICT AND A MOBILE HOME FOR FARM LABORERS R01881105 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thomas C. Kay for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District and a mobile home for farm laborers on certain property located on the west side of Princess Anne Road, 1260 feet more or less south of North Muddy Creek Road. Said parcel is located at 1660 Princess Anne Road and contains 71.31 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. The following condition shall be required: 1. The mobile home shall be utilized as a shelter for a farm employee and shall conform with the time of the VARIANCE granted by the Board of Zoning Appeals (a period of three (3) years from October 7, 1987 to October 6, 1990). This does not apply to the Conditional Use Permit for the single-family dwelling. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of JanuaryNineteen Hundred and Eighty-eight. Councilwoman Henley advised this application is the relocation of a tree farm. The son of Thomas C. Kay will be residing in the mobile home to establish a tree farm and thus he is classified as a farm laborer. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 22 - Item III-G.l.i. PUBLIC HEARING PLANNING ITE14 # 28651 Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000, represented the applicant Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of AMOCO OIL COMPANY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF AMOCO OIL COMPANY FOR A CONDITIONAL USE PERMIT FOR A GASOLINE SERVICE STATION WITH CAR WASH IN CONJUNCTION WITH A CONVENIENCE STORE R01881106 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Amoco Oil Company for a Conditional Use Permit for a gasoline service station with car wash in conjunction with a convenience store on certain property located at the southwest corner of Virginia Beach Boulevard and North Birdneck Road. Said parcel contains 28,166 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH The following conditions shall be required: 1. Category VI landscaping, in accordance with the proposed landscaping, screening, and buffering specifications and standards is required along all property lines adjacent to residential uses. 2. A right-turn lane is required for vehicles turning right onto this site off North Birdneck Road. 3. Public restrooms shall be available. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of JanuaryNineteen Hundred and Eighty-eight. - 23 - Item III-G.l.i. PUBLIC HEARING PLANNING ITEM # 28651 (Continued) Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: John D. Moss and Nancy K. Parker Council Members Absent: None - 24 - Item III-G.l.j. PUBLIC HFARING PLANNING ITEM # 28652 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and advised approximately $4-MILLION shall be invested in land and buildings. The total sales estimate is approximately $15-MILLION and will employ about 50 people. This facility shall be a new Ilonda Facility and have a payroll of about $1-MILLION a year. Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of KAH-TIDEWATER HOLDING CORPORATTON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KAH-TIDEIIATER HOLDING CORPORATION FOR A CONDITIONAL USE PERMIT FOR Ali AUTOMOBILE SALES AND SERVICE FACILITY R01881107 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIIIIA BEACH, VIRGINIA Ordinance upon application of KAH-Tidewater Holding Corporation for a Conditional Use Perl,.it for an automobile sales a d@ervice facility on certain property located at the northeast corner of Virginia Beach Boulevard and Malibu Drive. Said parcel coitains 7.423 acres. Ilats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Category VI landscaping, in accordance with the proposed landscaping, screening and buffering specifications aiid standards is required along all property lines adjacent to the R-6 Residential District. Landscaping shall be in accordance with site plan presented at the City Council Meeting of January 11, 1988. 2. The Two curb cuts on Malibu Drive, as indicated on the submitted site plan, are acceptable subject to the southern curb cut being limited to ingress only and the northern curb cut being limited to egress only. 3. A right-of-way dedication is required for a right turn lane for vehicles turning right off Virginia Beach Boulevard onto Malibu Drive. 4. The curb cut on Virginia Beach Boulevard, as indicated on the submitted site plan, is acceptable. 5. The standard security lighting along the back adjacent to the Luther 14anor and the residences shall be directed inward with a height no higher than reasonable and far enough .'rom the property lines as feasible subject to site plan review. 6. Outside telephonic system shall be as low on the Doles as feasible and the speakers shall be @irected inward and no higiler above grade than the chain link fence. - 25 - Item III-G.l.j. PUBLIC HEARING PLANNING ITEM # 28652 (Continued) 7. There shall be a buffered fence (chain line fence with slats) around the property. 8. The location of the building shall be as shown on the site plan presented in City Council's Agenda of January 11, 1988. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of January Nineteen Hundred and Eighty-eight. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Ileischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Councilman Baum requested the Planning Staff have available slides depicting the various categories of landscaping. - 26 - Ite,.@ III-G.l.k. PLANIiING ITE14 # 28653 Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council DEFERRED INDEFINITELY applications of DEVON HOLLOWAY for a Variance to Section 4.4 (d) of the Subdivisions Ordinance pertaining to lots created by the subdivision must meet all requirements of the zoning ordinance and for a Change of Zoning: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Devon Holloway. Property is located at 309 South Birdneck Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEI@ BOROUGH. A N D ORDINANCE UPON APPLICATION OF DEVON HOLLOVIAY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO R-5 Ordinance upon application of Devon Holioway for a Change of Zoning District Classification from I-1 Light Industrial District to R-5 Residential District 200 feet more or less west of South Birdneck Road beginning at a point 670 feet south of Beautiful Street. Said parcel is located at 309 South Birdneck Road and contains 32,670 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVE!I BOROUGH. This DEFERRAL will enable the City Staff to respond to City Council's inquiries. The staff will be discussing this matter with the applicant's representatives this week. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, liobert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Johia I). Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 27 - Item III-H.1 ORDINANCES/RESOLUTIONS ITE14 # 28654 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED: Ordinance to transfer $25,000 from Reserve For Contingencies to Tax Exemption Program for the elderly. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Item III-H.1, H.2, H-3- and H-4- were voted upon in ONE MOTION. AN ORDINANCE TO TRANSFER $25,000 FROM RESERVE FOR CONTINGENCIES TO TAX EXEMPTION PROCRAM FOR THE ELDERLY WHEREAS, the City of Virginia Beach continues to assist elderly citizens of the City by providing real estate tax relief to eligible populations, and WHEREAS, changes in the eligibility criteria enacted in April 1987 have led to increases in both the number of eligible citizens and the amount of payment to eligible citizens, and WHEREAS, these increases have led to approval of applications for amounts in excess of the funds appropriated for this purpose in the FY 87-88 Operating Budget, NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH, VIRGINIA, that funds in the amount of $25,000 be transferred from the Reserve for Contingency to the Non-Departmental account for the Tax Exemption Program. This ordinance shall be in effect from the date of its adoption. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRCINIA, this llth day January, 1988. APP,,,-IVED AS TC) CONTENT 'op .E - 28 - Item III-H.2 ORDINANCES/RESOLUTIONS ITEM # 28655 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Councl ADOPTED: Ordinance to establish four additional positions within the Juvenile Probation Court Services Unit; AND, transfer $29,347 for the salaries and associated costs of the positions. Councilwoman Henley CORRECTED Paragraph 6, line four in the aformentioned Ordinance. The word "four" after the word "last" and before the word Itmonthstl sliould be replaced by the word "three" thus reading: "WHEREAS, the city rlay delay the hiring of personnel until the last fuui three months of the fiscal year resulting in city costs of $29,347 from April 1 to June 30, 1988.11 Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay; None Council Members Absent: None Item III-H.1, H.2, H-3- and H-4- were voted upon in ONE MOTION. 0 7- AN ORDINANCE TO ESTABLISH FOUR ADDITIONAL POSITIONS WITHIN THE JUVENILE PROBATION COURT SEMCES UNIT AND TO TRANSFER $29,347 OF FUNDS FOR THE SALARIES AND ASSOCIATED COSTS OF THE POSITIONS WHEREAS, there have been large increases in the number of juvenile cases reviewed by the Juvenile Probation Court Services Unit since 1985, with the current average caseload of 60 cases per counselor well above the 40 per counselor ratio recommended by the State Department of Corrections, and WHEREAS, two additional Counselor I positions will bring the average caseload within state guidelines and will allow the department to continue to address the need for innovative new programs, and WHEREAS, the additional counselors will result in the need of an additional Counselor Supervisor to bring the ratio of supervisors within state standards, and WHEREAS, an additional Secretary I is needed to respond to not only the increase workload, but also to address the recommendations made in the report presented to Council, "A STUDY OF THE POTENTIAL IMPACT OF STATE ASSUMPTTON ON THE JUVENILE PROBATION COURT SERVICES UNIT" which recommended that the clerical staff pick up more of the routine workload ' and WHEREAS, in order for the state to assume the cost of the additional positions at the start of the next fiscal year, it will be necessary for the city to establish the positions by January 11, 1988, and WHERFAS, the city may delay the hiring of personnel until the last three months of the fiscal year resulting in city costs of $29,347 from April 1 to June 30, 1988. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BF-ACH, VIRGINIA THAT, four additional positions: 2 - Probation Counselor I's; 1 - Counselor Supervisor; 1 - Secretary I be established in the Juvenile Probation Court Services Unit effective January 11, 1988. BE IT FTJRTHER ORDAINED, that funds in the amount of $29,347 be transferred from Reserve for Contingencies for the salaries and associated costs of the additional positions for the period April 1, to June 30, 1988. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 day of January , 1988. - 29 - Item III-H-3 ORDINANCES/RESOLUTION ITEM # 28656 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED, AS AMMDED: Ordinance to AMEND and REORDAIN Division 2 of the Code of the City of Virginia Beach, Virginia, by ADDING thereto Section 2-43 pertaining to decorum and order. The words "and order" shall be deleted on Line 14 and 15 after the word "decorum". The word "public" shall be inserted before the word "order" on Line 15. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Item III-H.1, 11.2, H-3. and H-4- were voted upon in ONE MOTION. 1 AN ORDINANCE TO AMEND AND REORDAIN 2 DIVISION 2 OF THE CODE OF THE CITY 3 OF VIRGINIA BEACH, VIRGINIA, BY 4 ADDING THERETO SECTION 2-43 5 PERTAINING TO DECORUM AND ORDER 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That the Code of the City of Virginia Beach is hereby 11 amended and reordained by adding Sections 2-43 to re., as 12 follows: 13 Section 2-43. Decorum and order. 14 (a) The presiding officer shall preserve decorum and 15 shall decide all questions of public order, subject to appeal to 16 the council. 17 (b) Any person addressing the council shall confine 18 himself to comments germane to the action under debate, avoid 19 reference to personalities, and refrain from vulgarity or other 20 breach of respect. For any failure to so conform, he shall be 21 declared out of order by the presiding officer and shall 22 forthwith yield the floor. 23 (c) The chief of police or a line officer of the 24 police division designated by him shall act as sergeant-at-arms 25 at all city council meetings. He shall, under the direction of 26 the presiding officer, have charge of the council chamber and 27 shall prevent disorder or interruption of the business of the 28 council. 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia, on the llth day of Jai@uary 1988. 31 32 JDB/lmt 33 12/02/87 34 01/06/88 35 01/11/88 36 CA-87-02520 37 (ordin\proposed\02-043.pro) - 30 - Item III-H.4. ORDINANCES/RESOLUTION ITEM # 28657 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council DEFERRED: Resolution requesting the Governor of Virginia and the 1988 General Assembly study further the Joint Legislative Audit Review Commission (JLARC) report regarding computing the formulas used to distribute State School Aid. Councilwoman McClanan referenced No. 1 item in the aforementioned Resolution and inquried whether the intent was an increase in the funding, not just the number of full time teaching positions. Councilwoman Henley referenced part No. 5 and believed more emphasis should be placed on this item and it be moved forward to a higher priortiy on the list. Councilman Perry advised he would prefer all the "shoulds" changed to "shall". Councilman Heischober suggested a physical restructuring of the Resolution with the seven items placed at the beginning of the resolution and each of the items begin with the word "WIIEREAS". This DEPERRAL will enable the REDRAFTING of the Resolution to respond to City Council's Concerns. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: l@one Council Members Absent: None Item TTI-H.1, H.2, H-3. and H-4- were voted upon in ONE MOTION. - 31 - Item III-H-5- ORDINANCES/RESOLUTION ITE14 # 28658 Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council DEFERRED: Resolution supporting Legislation which will designate property owned by Virginia Tissue Bank as bei,ig EXE14PT from State and Local Taxation. This DEFERRAL will enable additional financial data to be received from the applicant and processed for a recommendation by the City Manager. Councilman Heischober referenced the AFFIDAVIT. Technically a non-profit organization does not have anir net earnings. Councilman Heischober expresed concern over the fact the City Council would be rendering a Sales and Use Tax Exemption which has not been done before and requested @@he City Attorney to address same. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 32 - Item III-I. CONSENT AGENDA ITF14 # 28659 Upon motion by Counciiwoman Parker, seconded by Councilman Balko, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6 and 7 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor @leyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 33 - Item III-I.l. CONSENT AGENDA ITEM # 28660 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 10-1 of the Code of the City of Virginia Beach, Virginia pertaining to Polling Places to establish a precinct at St. Andrews United Methodist Church. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parl:er and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1- z 0 0 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 10-1 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA 4 PERTAINING TO POLLING PLACES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 10-1 of the Code of the City of Virginia 9 Beach is hereby amended and reordained to read as follows: 10 11 12 Section 10-1. Establishment of election districts and voting 13 places. 14 15 There are hereby established in the City of Virginia 16 Beach the following election districts and their respective 17 voting places, as set forth below: 18 19 20 21 ELECTION DISTRICT VOTING PLACES 22 23 24 25 Alanton Alanton Elementary School 26 Aragona Adult Learning Center 27 Arrowhead Arrowhead Elementary School 28 Bayside Bayside Elementary School 29 Bellamy Indian Lakes Elementary School 30 Blackwater Blackwater Fire Station 31 Bonney Center for Effective Learning 32 Brandon Brandon Junior High School 33 Cape Henry Research and Enlightenment 34 Building 35 Capps Shop Mosquito Control Building 36 Chesapeake Beach Chesapeake Beach Fire Station 37 College Park College Park Elementary School 38 Courthouse Courthouse Fire Station 39 Creeds Creeds Fire Station 40 Davis Corner Bettie F. Williams Elementary 41 School 42 Fairfield Fairfield Elementary School 43 Great Neck John B. Dey Elementary School 44 Green Run Green Run Elementary School 45 Holland Holland Elementary School 46 Homestead Providence Presbyterian Church 47 Kempsville Point of View Elementary School 48 Kings Grant Kings Grant Elementary School 49 Kingston Kingston Elementary School 50 Lake Christopher New Covenant Presbyterian Church 51 Lake Smith Shelton Park School 52 Larkspur Kempaville-Meadows-Blementary 53 schoo3: 54 St. Andrews United Methodist 55 Church 56 Linkhorn The Evangelical Lutheran Church 57 of the Good Shepherd 58 Little Neck St. Aidan's Episcopal Church 59 London Bridge London Bridge Baptist Church 60 Lynnhaven Lynnhaven Colony United Church of 61 Christ 62 Magic Hollow Roma Lodge No. 254 63 64 Malibu Malibu Elementary School 65 Mt. Trashmore Windsor Woods Elementary School 66 Oceana Scott Memorial United Methodist 67 Church 68 Ocean Park Bayside Christian Church 69 Old Donation Old Donation Center for Gifted 70 Pembroke Pembroke Meadows Elementary 71 School 72 Plaza Lynnhaven Elementary School 73 Providence Kempsville Recreation Center 74 Red Wing Fire Training Center 75 Salem Word of Life Christian Center 76 Seatack Seatack Elementary School 77 Shannon Kempsville Elementary School 78 Sigma Sandbridge Fire Station 79 2 80 Stratford Chase Providence Elementary School 81 Thalia Thalia Elementary School 82 Thoroughgood Independence Junior High School 83 Timberlake White Oaks Elementary School 84 Trantwood Trantwood Elementary School 85 Virginia Beach - A Galilee Episcopal Church 86 Virginia Beach - B Virginia Beach Junior High School 87 Virginia Beach - C Cooke Elementary School 88 Windsor Oaks Windsor Oaks Elementary School 89 Witchduck Luxford Elementary School 90 Wolfsnare Eastern Shore Chapel 91 Woodstock Avalon Church of Christ 92 Central Absentee Voter 93 Election District Agriculture/Voter Registrar 94 Building 95 96 Pursuant to the Voting Rights Act, this ordinance 97 shall not be effective until approved by the United States 98 Department of Justice. 99 100 Adopted by the Council of the City of Virginia Beach, 101 Virginia, on the Ilth day of Jaituary 1988. 102 103 JDB/epm 104 12/28/87 105 CA-02540 106 \ordin\proposed\10-001.pro 107 3 - 34 - Item III-I.2. CONSENT AGENDA ITDI # 28661 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 5-31 of the Code of the City of Virginia Beach, Virginia pertaining to bird sanctuaries to designate Ballylinp.. Shores (Kempsville Borougli). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice 14ayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Meribers Absent: None Requested by Councilman John Moss 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 5-31 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA 4 PERTAINING TO BIRD SANCTUARIES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 5-31 of the Code of the City of Virginia 9 Beach is hereby amended and reordained to read as follows: 10 11 12 Section 5-31. Established; purpose. 13 14 The following described areas in the city are hereby 15 declared to be bird sanctuaries for the protection of all birds: 16 (1) North Thalia in Kempsville Borough: 17 Beginning at a point in the center 18 of Thalia Creek on the north side 19 of U.S. Route 58 (Virginia Beach 20 Boulevard); thence in a northerly 21 direction following the center of 22 Thalia Creek to the merger of 23 Thalia Creek, the western branch of 24 Lynnhaven River and Buchannan 25 Creek; thence in an easterly 26 direction along the center of 27 Buchanan Creek (Lynnhaven and 28 Kempsville Borough line) to the 29 northeast boundary of Thalia 30 Shores; thence in a southerly 31 direction along the Lynnhaven and 32 Kempsville Borough line to a point; 33 thence along the borough line in a 34 westerly direction approximately 35 twelve hundred (1200) feet, more or 36 less, to a point; thence along the 37 borough line in a southerly 38 direction to the north side of 39 U . S . R o u t e58 (Virginia Beach 4 0 Boulevard) and Route 1192 (West 41 Brook Road); thence in a westerly 42 direction along U.S. Route 58 to 43 the point of beginning. 44 (2) Chesopian Colony in Lynnhaven 45 Borough: Beginning at a point in 46 the center of Pine Tree Branch on 47 the north side of U.S. Route 58 48 (Virginia Beach Boulevard); thence 49 in a northerly direction following 50 the center of Pine Tree Branch to 51 the merger of Pine Tree Branch, the 52 eastern branch of Lynnhaven River 53 and London Bridge Creek; thence in 54 a southeasterly direction along the 55 center of London Bridge Creek to 56 U.S. Route 58 (Virginia Beach 57 Boulevard); thence along the north 58 side of U.S. Route 58 in a westerly 59 d i r e c t i o nto the p o i n t of 60 beginning. 61 (3) The subdivisions known as Kings 62 Grant, Alanton, Kings Forest, 63 M a 1 i b u ,Birchwood Gardens, 64 Lynnhaven Acres, Cape-Story-By-The- 65 Sea, Bay Island and Trantwood 66 Shores in the Borough of Lynnhaven 67 and Nottingham Estates, Laurel Cove 68 and Aragona Village in Bayside 69 Borough. 70 (4) All that certain area located in 71 Lynnhaven Borough, including, but 72 not limited to those subdivisions 73 known as Wolfsnare Plantation, 74 Southern Points, Robin Hood Forest 75 and Great Neck Estates, and being 2 7 6 more particularly described as 77 follows: Beginning at a point in 78 the center of Wolfsnare Creek on 79 the western side of Great Neck 80 Road; thence in a westerly 81 direction following the center line 82 of Wolfsnare Creek to the merger of 83 Wolfsnare Creek and the eastern 84 branch of the Lynnhaven River; 85 thence in a northerly direction 86 along the center line of the 87 eastern branch of the Lynnhaven 88 River to the merger of the center 89 line of the eastern branch with 90 Inlynnview Road extended; thence, 91 in an easterly direction and 92 running parallel to Robin Hood 93 Road, down the center of Inlynnview 94 Road to the intersection of 95 Inlynnview Road and Five Points 96 Road; thence in a northerly 97 direction, down the center of Five 98 Points Road to the point of 99 intersection of Five Points Road 100 and Rose Hall Drive; thence in an 101 easterly direction, down the center 102 of Rose Hall D r i v eto the 103 intersection of Rose Hall Drive 104 with Great Neck Road; thence in a 105 southerly direction and traveling 106 along the western right-of-way line 107 of Great Neck Road to the point of 108 merger of the center line of 109 Wolfsnare Creek with the western 110 right-of-way line of Great Neck 3 ill Road, said point being the point of 112 beginning. 113 (5) All that certain area bounded on 114 the north by Shore Drive, on the 115 south by Long Creek, on the west 116 by Great Neck Road and on the east 117 by the subdivision known as Cape- 118 Story-By-The-Sea. 119 (6) The subdivisions known as Lakeview 120 Shores, Lake Smith Terrace, Lake 121 Smith Terrace-West, Thoroughgood, 122 Thoroughgood Estates, Lake Shores, 1 2 3 Bayville Park, Baylake Pines and 124 Baylake Beach in Bayside Borough. 125 (7) All that certain area located in 126 Princess Anne Borough being 127 described as follows: From the 128 intersection of the center line of 129 Hell Point Creek and Tabernacle 130 Creek to its intersection with the 131 center line of Muddy Creek to its 132 termination at North Bay, then 133 northwardly along the center line 134 of Hell Point Creek to the point of 135 origin. 136 (8) The subdivisions known as Lake 137 James, Kempsville Heights, Point- 138 of -View, Arrowhead, Carolanne 139 Farms , Huntington, Fai rf ield , 1 40 Kempsville Manor, Kempsville 141 Gardens, Lark Downs, Larkspur, 1 4 2 Kempsville Colony, Bellamy Manor, 143 Acredale, Reverton, Lakeville 144 Estates, Timberlake and Stratford 145 Chase in Kempsville Borough and 146 Pawn Village at Indian Lake. 4 147 (9) All that certain area located in 148 Princess Anne Borough being 149 described as follows: From the 150 center line of North Landing Road 151 easterly five hundred (500) feet 152 and westerly five hundred (500) 153 feet and running parallel to North 154 Landing Road from the south line of 155 Indian River Road to the Chesapeake 156 C i t y boundary 1 i n e on the 157 Intercoastal Waterway. 158 (10) The subdivision known as Lago-Mar 159 in Princess Anne Borough. 160 (11) The subdivision known as Green Run 161 in Princess Anne Borough. 162 (12) The subdivisions known as Pembroke 163 Meadows, Pembroke Manor, Witchduck 164 Point and Witchduck Bay in Bayside 165 Borough. 166 (13) The subdivision known as Lynnhaven 167 Colony. 168 (14) All that certain area known as 169 Beach Garden Park in the Lynnhaven 170 Borough of the city; said area is 171 located directly south of Laskin 172 Road, bounded on the west by 173 Barberton Drive and on the east by 174 Holly Road running to 26th Street. 175 (15) All that certain area known as 176 Chesapeake Beach in the Bayside 177 Borough of the city; said area is 178 bounded on the south by Shore 179 Drive, bounded on the north by 180 Chesapeake Bay, bounded on the west 181 by Little Creek Amphibious Base, 5 18 2 and bounded on the east by the 183 subdivision known as Baylake Pines. 184 (16) All that certain area known as 185 Princess Anne Plaza in the 186 Lynnhaven and Princess Anne 187 Boroughs of the city; said area is 188 bounded on the north by the 189 Virginia Beach toll road, bounded 19 0 on the west by Rosemont Road, 191 bounded on the south by Holland 19 2 Road and Lynnhaven Parkway, and 193 bounded on the east by Lynnhaven 194 Parkway. 195 (17) All that certain area known as 196 Wolfsnare in the Lynnhaven Borough 197 of the city; said area is bounded 198 on the east by First Colonial Road, 199 on the north by the Northern Branch 200 of Wolfsnare Creek, on the west by 201 Great Neck Road, and on the south 202 by the southern branch of Wolfsnare 203 Creek, Regency Apartments, and 204 Laskin Road; to include the 205 subdivision of First Colonial 206 Estates, Camden Estates, Glouster 207 Village, Hilltop Manor, Wolfsnare 208 Acres, Washington Square and Woods 209 of Washington Square. 210 (18) All that certain area known as Lake 211 Placid in the Princess Anne 212 Borough. 213 (19) The subdivision known as Great Neck 214 Point in the Lynnhaven Borough. 215 (20) The subdivision known as Ballylinn 216 Shores in the Kempsville Borough. 217 6 218 Adopted by the Council of the City of Virginia Beach, 219 Virginia, on the I I th day of Jai@uary 1 1988. 220 221 JDB/epm 222 12/30/87 223 CA-02528 224 \ordin\proposed\05-031.pro 225 7 - 35 - Item III-I-3- CONSENT AGENDA ITF14 # 28662 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council ADOPTED: Ordinance authorizing and directing the City Manager to execute the Police Mutual Aid agreement between the Cities of Suffolk and Virginia Beach. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None ORDINANCE AUTHORIZING AND DIRECTING APPPO',,'@',D AS T,-) l@7-,@iAL THE CITY MANAGER TO EXECUTE THE SUFFICIE CYRN ORM -OLICE MUTUAL AID AGREEMENT BETWEEN TH@-CITIES OF SUFFOLK AND VIRGINIA BEACH op@VMEREAS, Virginia law authorizes local goverriments to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of police services; and WHEREAS, it is deemed mutually beneficial to the Cities of Suffolk and Virginia Beach to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement, increasing the ability of the Cities to promote the safety and welfare of both areas; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the accompanying Police Mutual Aid Agreement is approved and that the City Manager be directed to execute said Agreement on behalf of the City of Virginia Beach. Adopted this _,aay of January 198 8 by the Council of the City of Virginia Beach, virginia. WEB/dga MUTAID/ORD 12/11/87 POLICE MUTUAL AID AGREEMENT THIS AGREEMENT, made this day of 1987, by and between the Cities of Virginia Beach and Suffolk, each a municipal corporation of the Commonwealth of Virginia. WHEREAS, Virginia law authorizes local goveriunents to enter into reciprocal agreements for mutual aid and for cooperation in the furnishing of police services; and WHEREAS, the two local governments have determined that the provision of police aid across jurisdictional lines will increase their ability to preserve the safety and welfare of the entire area; and WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter into an agreement concerning mutual aid and cooperation with regard to law enforcement; and WHEREAS, the parties desire that the terms and conditions of any such Police Mutual Aid Agreement be established; NOW THEREFORE WITNESSETH That for and in consideration of the mutual benefits to be derived from a Police Mutual Aid Agreement, the parties hereto covenant and agree as follows: 1. Each party will endeavor to provide police support to the jurisdictions which are parties to this Agreement within the capabilities available at the time the request for such support is made and within the terms of this agreement. 2 . Request for assistance pursuant to the terms and conditions of this Agreement shall be made by the requesting jurisdiction's City Manager or his designee to the City Manager or his designee of the requested jurisdiction. 3. The requesting jurisdiction shall be responsible for designating a radio coimnunications system for use by the requested jurisdiction. Use of the Tidewater Emergency Communications Association of Police (TECAP) system as a link channel through the dispatch center of each jurisdiction shall constitute fulfillment of this requirement. 4. The personnel of the requested jurisdiction shall render such assistance under the direction of the Chief of Police of the requesting jurisdiction. 5. Law enforcement support provided pursuant to this Agreement shall include, but not be limited to, the following resources: uniformed officers, canine officers, aerial support when maintained, forensic support, plainclothes officers, special operations personnel and related equipment. 6. Subject to the terms of this Agreement, and without limiting in any way the other circumstances or conditions in which mutual aid may be requested and provided under this Agreement, the parties hereto agree to provide assistance to the requesting jurisdiction in situations requiring the mass processing of arrestees, and transportation of arrestees. The parties to this Agreement further agree to assist the -2- requesting jurisdiction with security and operation of temporary detention faciiities. 7. Nothing contained in this Agreement should in any manner be construed to compel any of the parties hereto to respond to a request for police support when the police personnel of the jurisdiction to whom the request is made are, in the opinion of the requested jurisdiction, needed or are being used within the boundaries of that jurisdiction, nor shall any such request compel the requested jurisdiction to continue to provide police support to another jurisdiction when its police personnel or equipment, in the opinion of the requested jurisdiction, are needed for other duties within the boundaries of its own jurisdiction. 8. In addition to providing mutual aid upon request, police officers, agents and other employees of any city may also enter any other jurisdiction in futherance of law enforcement purposes, concerning any offense in which the entering police department may have a valid interest; provided, that the entering personnel shall, as soon as practical, make such presence known to the Chief of Police of the entered jurisdiction, or his authorized representative. 9. The responsibility for investigation and subsequent actions concerning any criminal offense shall remain with the police agency of the city whose court exercises venue over the offense. Entering police personnel shall promptly notify the -3- police agency of the entered city upon discovery of a crime over which the court of the entered city exercises venue. 10. Officers acting pursuant to this Agreement shall be granted authority to enforce the laws of the Commonwealth of Virginia and to perform the other duties of a law enforcement officer; such authority shall be in conformance with Virginia Code Sections 15.1-131; 15.1-131.3 and 15.1-131.5, as may be applicable. 11. All police officers, agents, and other employees of the parties to this Agreement shall have the same powers, rights, benefits, privileges, and immunities in each jurisdiction subscribing to this Agreement, including the authority to make arrests in each such jurisdiction subscribing to this Agreement. 12. The services performed and expenditures made under this Agreement shall be deemed to be for public and governmental purposes and all irmnunities from liability enjoyed by the local goverriment within its boundaries shall extend to its participation in rendering assistance outside its boundaries. It is understood that for the purposes of this Agreement, the responding party is rendering aid once it has entered the jurisdiction boundaries of the party receiving assistance. -4- 13. All pension, relief, disability, workman's compensation, life and health insurance, and other benefits enjoyed by said employees shall extend to the services they perform under this Agreement outside their respective jurisdictions. 14. Each party agrees that, in activities involving the rendering of assistance to a requesting jurisdiction pursuant to Section 15.1-131, Code of Virginia, 1950, as amended, each party shall (1) waive any and all claims against all other parties thereto which may arise out of their activities outside their respective jurisdictions; and (2) indemnify. and save harmless the other parties from all claims by third parties for property damage or personal injury which may arise out of the activities of the other parties outside their respective jurisdictions. 15. The parties shall not be liable to each other for reimbursement for injuries to personnel or damage to equipment incurred when going to or returning from another jurisdiction. Neither shall the parties be liable to each other for any other costs associated with, or arising out of, the rendering of assistance pursuant to this Agreement. 16. This Agreement repeals and supersedes all previous written agreements or oral understandings relating to the provision of mutual police services. -5- 17. Either party may withdraw from this Agreement by giving thirty (30) days written notice to that effect to the other parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective city managers and the official seal of each city affixed hereto and attested by their respective city clerks indicating thereafter the ordinance or resolution authorizing the execution. Approved as to form: CITY OF VIRGINIA BEACH By: City Attorney City Manager SEAL ATTEST: City Clerk Resolution/Ordinance No. Effective Date: -6- Approved as t CITY OF SUFFOLK ii - City Attorn City Manager SEAL ATTEST: City Clerk Resolution/Ordinance No. Effective Date: -7- I - 36 - Item TIT-I.4. CONSENT AGENDA ITEM # 28663 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council APPROVED upon FIRST READING: Ordinance to ACCEPT and APPROPRIATE $13,735 from the U. S. Department of Housing and Urban Development for an Emergency Housing program. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None ORDINANCE TO ACCEPT AND APPROPRIATE $13,735 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR AN EMERGENCY HOUSING PROGRAM WHEREAS, the McKinney Homeless Assistance Act recently enacted by the Congress provides $50 Million for emergency shelter grants program; and WHEREAS, this program provides grants to localities to support homeless shelter programs within their boundaries; and WHEREAS, there is a problem in providing shelter for the homeless in Virginia Beach; and WHEREAS, the U.S. Department of HOUSing and Urban Development through the State of Virginia has informed the City that $13,735.00 has been allocated to the City of Virginia Beach for such homeless assistance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that a grant of $13,735.00 from the Department of Housing and Urban Development for emergency shelter is accepted. BE IT FURTHER ORDAINED that funds in the amount of $13,735 are appropriated to the office of Housing and Community Development for a pass-through to Samaritan House, a private non- profit agency, who will provide services to the homeless. BE IT FURTHER ORDAINED that the City of Virginia Beach will comply with the requirements of this program of the Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach on day of 1988. Ja@iuary 11, 1988 First Reading: Second Reading: - 37 - Item III-I-5- CONSENT AGENDA ITF14 # 28664 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council ADOPTED: Resolution authorizing the City Manager to proceed with design and construction of the Indian River Road, Phase IV CIP 2-065 project: a. Four-lane undivided arterial from Ferrell Parkway to Indian Lakes Boulevard, b. A four-lane divided arterial from Indian Lakes Boulevard to Lynnhaven Parkway, c. Right-of-way for an ultimate six-lane divided arterial be acquired from Indian Lakes Boulevard to Lynnhaven Parkway. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Ilarold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None RESOLUTION WHEREAS, the Council of the City of Virginia Beach, Virginia, on September 21, 1987, @onsidered various alternatives for design and construction oE Indian River Road, Phase IV, CIP 2-065, and tqHEREAS, the Council of the City oE Virginia Beach, Virginia, on September 21, 1987 approved the design and construction of Indian River Road Phase IV, CIP 2-065 as a four- lane undivided arterial from Ferrell Parkway to Indian Lakes F3oulevard and a four-lane divided arterial from Indian Lakes Boulevard to Lynnhaveii Parkway and that right-of-way for ari ultimate six-lane iivided arterial be acquired from Indian Lakes Boulevard to Lynnhaven Parkway. NOW, THEREFORE, be it resolved by the Council of the City of Virginia Beach, Virgiiiia: The City Manager is (lirecte(i to oroce(-d with design and construction of the ln(iian Riv(,r Road Phase Iv, CIP 2-065, project as a four-lane @individed arterial from Ferrell Parkway to Indian LakEs Boulevard and a four-lane divided arterial from Indian Lakes Boulevard to Lynnhaven Parkway and that right-of-way for an ultimate six-lane divided arterial 'oe acquired from Indian Lakes Boulevard to Lynnhaven Parkway. Adopted by the Council of Virginia Beach, Virginia on the 11 day of -January 19 88. s u - 38 - Item Iii-I.6. CONSENT AGENDA ITEM @r 28665 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council APPROVED: LOW BID to Contractors Paving Company, Inc. in the amount of $124,748.62 for 1987-88 Bituminous Concrete Resurfacing Schedule for Completed Utility Projects - Co--qtract I. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 39 - Item ITT-I.7. CONSENT AGENDA ITEM # 28666 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $15,446.26 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None RM NO. C.A. 7 12/7/87 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Datde Penalty lnt. Total Year of Tax Number tion No. pai Mutual Federal S& L 87 RE(2/2) 54903-1 6/30/87 7,204.92 Pembroke Square Associates 85 RE(1/2) 71423-8 12/3/84 20.00 Pembroke Square Associates 85 RE(2/2) 71423-8 6/5/85 20.00 Pembroke Square Associates 86 RE(1/2) 77201-2 12/5/85 20.00 Pembroke Square Associates 86 RE(2/2) 77201-2 6/5/86 20.00 Pembroke Square Associdtes 87 RE(1/2) 82052-1 12/5/86 20.00 Pembroke Square Associates 87 RE(2/2) 82052-1 6/5/87 20.00 Kempsville Lake #1 86 RE(1/2) 52876-9 12/5/85 1,392.48 Kempsville Lake "@'I 86 RE(2/2) 52876-9 6/5/86 1,392.48 Kempsville Lake #1 86 RE(2/2) 52876-9 6/5/86 5,244.38 Rodney S Williamson 87 pp 186104-7 11/4/87 60.00 John Pitts N/A Pkng 144405 10/28/87 15.00 Rosalino B Aratan N/A Pkng 166797 11120187 12.00 R A Concepcion 88 Dog V07216 11/24/87 5.00 Total 15,446.26 This ordinance shall be effective from date of adoption. The$above abatement(s) totaling Cer as to p 15,446.26 were approved by the Council of the City of Virginia Beach on the 1 1 day of January . 1 988 joh' Ruth Hodges Smith City Clerk , City Attorney - 40 - Item III-J.1 UNFINISHED BUSINESS ITEM # 28667 Upon motion by Councilman Moss, seconded by Councilman Balko, City Council RESCHEDULED the City Council Session of Monday, February 15, 1988 (City Holiday) to February 29, 1988 at 2:00 P.M. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John Perry Council Members Voting Nay: None Council Members Absent: None - 41 - Item III-J.2. UNFINISHED BUSINESS ITFAM # 28668 ADD-ON Councilwoman McClanan distributed language relative the Charter Change for Tree Conservation and/or Replacement. (Said copy is hereby made a part of the record). Same will be SCHEDULED for consideration at the City Council 14eeting of January 19, 1988. Vice Mayor Oberndorf referenced a letter from Blacksburg advising their first item of business to the General Assembly shall be Tree Preservation - 42 - Item III-K.l. NEW BUSINESS ITE@L # 28669 Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council SCHEDULED RECONSIDERATION of conditions in the application of RICHARD M. WAITZER, T/A PROFESSIONAL CENTER for a Change of Zoning (ADOPTED: March 9, 1987). This RECONSIDERATION shall be ADVERTISED and SCHEDULED for the City Council Meeting of February 1, 1988. ORDINANCE UPON APPLICATION OF RICHARD M. WAITZER, T/A PROFESSIONAL CENTER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-2 TO 0-1 Z03871143 Ordinance upon application of Richard M. Waitzer, T/A Professional Center, for a Change of Zoning District Classification from A-2 Apartment District to 0-1 Office District on certain property located at the northwest corner of First Colonial Road and Old Donation Parkway. Said parcel contains 1.584 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and John L. Perry Council !4embers Voting Nay: Nancy K. Parker Council Members Absent: None - 43 - Item III-L.l. RECESS INTO EXECUTIVE SESSION ITEM # 28670 In accordance with Section 2.1-344, Code of Virginia as amended, and upon motion by Councilman Fentress, seconded by Councilman Baum, City Council RECESSED into EXECUTIVE SESSION for discussion of Personnel Matters, Publicly Held Property and Legal Matters after which to ADJOURN (4:37 P.M.) 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publi-cly held property, or of plans for the future of an institution which could effect the value of property owned or desirable for ownership by such institution. 3. LEGAL 14ATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Nlayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 44 - Item III-L.2. ADJOURNMENT ITEYI 28671 Upon motion by Councilman Baum, aiid BY ACCLAMATION, City Council ADJOURNED the Meeting at 5:13 P.M- Chief Deputy City Clerk ttuth Hodg4-s Smith, CMC bert City Clerk @.yor City of Virginia Beach Virginia