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HomeMy WebLinkAboutNOVEMBER 9, 1987 MINUTES "f N7ir-g4ii-ii" "'NORLD'S LARGEST RESORT CITY" coull@, -y@@ OBER, G. )01., A, MAY.@ M@Y@. E ..EM-U. IENT-, IEN@L, P-1 --l' I-Cl IAM@@, 281 CITY HALL BUILDING I U@@LENB@1K. Ci@, MUNICIPAL CENTER @.so" @"' @-, VIRGINIA BEACH, VIRGINIA 23456-902 @U7 " @@-ES -11@, C." li@, @l,l 18041427 430$ VIRGINIA BEACH CITY COUNCIL AGENDA NovEmBER 9, 1987 ITIM I. COUNCIL CC) SESSION - 03nference Rom - 11:30 AM A. CIIY COUNCIL @S IM II. INFO@ SESSION - Cc)nfererice R= - 12: NOON A. @ To ORDER - Mayor @ert G. Jory-@s B. IULL CALL CP C(JJ@TT, C. RBCESS TO SESSION ITEM III. FO@ SESSION - Cc)unci.-I Ch@ - 2:00 PM A. INVOCATION: Rwerend T@thy Pipkin Calvary As@, bly of Ccd B. PLEDGE OF ALLBGIANCE 'PO THP- FLAG CF THE UNITED ';TATES OF PMERICA C. ELFICTMNIC ROLL CALL CP CIGY C(ii@IL D. ADC)PTTON CF ITEMS FOR T@IE FORM%L AGENDA E. MI=S 1. I@O@ & @@ SESSLONS - Novenber 2, 1987 PUBLIC 1. PLANt4I@ a. Appl3-cation of Jams E. Snyder for a Variance to Section 4.4(b) of the Subdivision Ordinary--e which requires I ts created by sLbdivision to met all the requircments of the Cbmprehensive zonir,g ordinarre on proper-ty located 4429 Slac@ter lbacl (BlackwatLr BDroLigh)- Reccnmer,dation: APPIUVAL b. Application of First @ist Church of: Virginia Beach for a OD@itional Use Pernit for a church on @?roperty located at the SDuth@st intersection of @wstead Drive an-i propos6d Ferrell Park,zy, containj-ng 5 acr(,s (Princess Pnne BDroUgh) . RecaTme@ation: APPIUVAL c. Application of New Coveriant Presbyterian Church fc)r a oDnditional Usp- Pennit for a parking lol-- on the SDutheast side 7f KEmpsville lba-J, 2UO feet more or less @th(,ast of: Stewart Erive (1552 I@mpsville lbad) , containing 5. 34 acres (Kempsville Boro@h) . Rec ation: APPROVAL d. Ppplication of Mr. and Mrs. rdchard L. @k fOr a Cbrditional Use Permit for a si@le-farnily d@lli@ in @ AG-1 Agricultural District on the East s-ide of Blackvater RDED, 2428. 39 feet SDuth of Vtst Gibbs lbad (6436 Blac@ter lbad) , conta in ing I 0. 01 acre s ( Bi ac@ter Borough) ibcommen-Jation: APPROVAL G. RESOWTION 1. @solution to accept land by DEED CP GIFT frcrn Breeaen Devel t @ration, a Virginia Corporation, to the City of Virginia Beach for recreation areas (ThaLia @ace S2ction 'Ihree and 9halia oaks S@tion One--KEmpsville Borough) H. ODNSENT AGENDA All matters listed und6x the (bnsent Pgerida are cc)nsidered in the ordinary adurse of busi@ss by City Cburcil and will be enacted by one niotion in the f-orm listed. If an itan is reincved frcm the (bnsent @enda, it will be discussed and voted upon se@ately. 1. Ordinance upon SECOND READING to @ an(i APPROPRIATE a $20,000 grant frcm the alth of Virginia, Department of Mines, Minerals, and Energy. 2. @quest of Princess Anne Hills residents foy sanitary @ service uFon verification of 51% participation. 3. Low Bid tc) A & W CC)ntractors, Incorpc)rated, in the amou-it of $327,090 fcr Sandbridge @ad @ter Line Capital Iniprovewnt Project (CIP 5-712). 4. ordinance authorizing license refunds in the anolnt of $14,753.18 I. UNFINISHED BUSINESS J. NIN BUSINESS K. ADJOURNM= "WORLD'S LARGEST RESORT CITY" -IOR RO@l G. 101., .@ U,@ -@ -I.R -@EM @. -EM--, -@RT @0, -1@HO.R, 1, N-11 . .@ER, 11 j@- L I.Rl, ,.@ -.,@ -...S H .1@HUNB@l@, Ii 281 Crry HALL BUILDING j - @,mw,, @i .-, MUNICIPAL CENTFR R- @O@.. -I-. C.@, Ii,, Cll VIRGINIA BEACH, VIRGINIA 23456-9m [8041 427-4303 VIRGINIA BEACH CITY COUNCIL AGENDA 9, 1987 IT'EM I. L CONFERENM SESSION - Omfererice R= - 11:30 Am A. CIIIY @IL CCNCEI;NS IT'EM II. INFO@ SESSION - @erence Wm - 12: NOON A. CML TK) ORDER - Myor Robert G. Jones B. ROLL CALL CP CCUkrIL C. RUMSS TO SESS10N ITEM III. FO@ SESSION - 2:00 pm A. INVOCATION: Rwererid Timothy Pi@ Calvary Assembly of Cod B. PLEDGE OF ALLE)GIANCE TO THE FLAG CP THE UNITED STATFS OF AMIERICA C. ELECTMNIC ROLL CAILL Cr Cjjy CCUtElL D. ADOPTION CF ITEMS FOR THE FORM%L AG@ E. MINUTES 1. INFO@ & FO@ SESSIOLZ - NovErnber 2, 1987 F. @C HEARIM a. Application of James E. Snyder for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision to meet all the requirements of the @rrehensive Zc)ning ordinance on property located 4429 Blac@ter lbad (Blackvater Borough) . Recannendation: APPRUVAL b. ppplication of First Baptist Church of Virginia Beach for a oDnditi,onal Use Pei2nit for a church on property located at the @uth@st intersection of @wstead Drive and propc)sed Ferrell Parkuey, containing 5 acres (Princess Pnne BDrough) . ReccrrmendatiDn: APPROVAL c. Ppplication of New Coveriant Pre ian Church for a aDnditional Use Pem- it for a parking lot on the SDutheast side of KEmpsville Foad, 200 feet more or less Northeast of Stewart Crive (i552 @mpsvj-lle Foad) , containing 5.34 acres (Kernpsville Borough). Re ation: APPROVAL d. Ppplication of Mr. and Mrs. ldchard L. f]Dr a Cbnditional Use Permit for a singl@fmay d@llirg in the AG-1 Agricultural Di ict on the East side of Blac@ter Ebad, 2428.39 feet SDuLh of @st Gibbs lbad (6436 Blac@ter Foad), contai.ning 10. 01 acres (Mackvater Borough). ibc@nd ation: G. ON 1. Pesolution to accept land by nFm CP GIFR frcm Breeden Devel t tim, a Virginia Corporation, to the City of Vixginia Beach for recreation areas (Thalia @ar-e @ction @rLe and ihalia Caks Section one--Kenpsville Borough) H. CONSENT AGENDA All matters listed under the Cbnsent Pgenda are cc)nsidered in the ordi.nary course of business by City oduncil and will be enacted by one motion in the fk)rm listed. If an item is rern(wed frcrn the Cbnsent @er,da, it will be discussed and voted updn separately. 1. Ordinance upon SEOCND READING to @ and APPROPRIATE a $20,000 grant frcin the alth of V@inin, Department of @s, als, and 2. @quest of Primess Anne FAlls residents for sanitary sewx service upon verification of 51% participation. 3. Low Bid to A & W @acwrs, Incorpc)rated, in the amoLTit of $327,090 fcr Sandbridge @ Water Lirie Capital @ Project (CIP 5-712). 4. ordinance authorizing license refunds in the anomt of $14, 753. 18 I. UNFINISHED BUSINESS J. NEN BUSINESS K. ADJ - 20 - Item V-E.1 MINUTF,S ITEM # 28361 Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council APPROVED the MINUTES of the INFORMAL & FOR14AL SESSIONS of November 9, 1987, as CORRECTED. Page 14, ITEM # 28328 The word "not" should be inserted after the word liwerell and before the word "reasons". Councilwoman Henley advised there were not reasons discussed to establish a hardship which would satisfy her concerns on this application. 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: lione Council Members Absent: None M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 9, 1987 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, November 9, 1987, at 11:30 A.M. Council Members Present: Albert W. Balko, 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: John A. Baum (ENTERED: 12:46 P.M.) Robert E. Fentress (ENTERED: 12:13 P.M.) - 2 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 28314 The Mayor advised all items on the PLANNING AGENDA were CONSENT ITEMS. Councilwoman McClanan referenced the application of First Baptist Church of Virginia Beach for a Conditional Use Permit for a church on property located at the Southwest intersection of Newstead Drive and proposed Ferrell Parkway, containing 5 acres (Princess Anne Borough). (See Item ITI-F.l.b. of the PLANNING AGENDA). Councilwoman McClanan requested an additional condition relative landscaping standards be placed on this item. - 3 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 28315 Councilman Moss further reiterated his suggestions relative the CITY COUNCIL'S FISCAL POLICY for the FY 1988-1989 OPERATING BUDGET, dividing them into four (4) categories. (1) Policy in regards to Capital Investment Issues (Land Acquisition Special Project Account)- intimately tied to Economic Development and (Pay-As-You-Go) - a certain percentage of new revenue growth would be designated for "Pay-As- You-Go" Capital Improvements over and above the base in a prior year. (2) Revenue Expenditures - i.e., Services, Cost of Living increases. (3) City Council Support - i.e, Administative Assistant, associated equipment and three hundred square feet of office space (4) Information to be included within the Budget Document." *Councilman Moss advised he could obtain the information in the fourth category. The City Manager advised there have been significant contributions in the "Pay-As-You-Goll and there have been discussions of continuing or increasing this impact. The City Manager complimented Councilman Moss on his endeavors and advised the City Staff will prepare information relative the four categories reiterated and advise advantages and disadvantages of these proposals. ITEM # 28316 Councilwoman Parker shared further information relative the INTERNATIONAL TRADE CONFERENCE. Andrew Young, the "Opening Speaker" advised Atlanta was the home of "Coca-Cola". A Coke is nothing other than sugar colored water with no redeeming value whatsoever, but yet it is known worldwide. One of the key things the City needs to keep in mind is "advertising". Councilwoman Parker referenced a recent newspaper article concerning $514,000 raised in Portsmouth to assist in promoting their City in the Import-Export Market. Cities are eagerly and aggressively pursing the market relative international trade both importing and exporting. One of the key issues entails a survey of their particular City to determine what is available in their markets. In Illinois and Maryland a way of funding has been established at the State Level to assist the small market. The Commercial Banks have a ceiling that is much too high for them to be able to borrow money to travel oversees. This has been accomplished through bonding. The Lieutenant Governor of Illinois made the presentation at the INTERNATIONAL TRADE CONFERENCE. - 4 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 28316 (Continued) Vice Mayor Oberndorf inquired since the City was fortunate in having Stihl, Hermes, and a number of other companies that originate in other countries, how is the progress evolving relative the attempt of the City to become a Free Trade Zone. Economic Development had been attempting to create a Free Trade Zone as this would encourage more global interaction. The City Manager will prepare a report relative same. Vice Mayor Oberndorf inquired if Economic Development had conducted a survey relative the interest of the businesses and a profile of the type of businesses in the City and how these businesses that are not American based view their abilities to assist this City and encourage other people in their native countries. The City Manager advised this would be an integral part of the strategic plan being compiled for Economic Development. Mayor Jones advised he had been appointed to the Advisory Board of a Magazine entitled "MUNICIPAL FOREIGN POLICY" containing many interesting articles relative local governments across the nation developing specific plans. The City cannot rely on national government to be the exclusive agent of foreign policy. The City must have its own policy to a certain extent. ITEM # 28317 Councilwoman Henley advised she had been contacted by Roy Mann, the main firm who prepared the BACK BAY MANAGEMENT PLAN. Jason Cortell & Associates was the subsidiary firm in the preparation of this study. Roy Mann has been following the development issues in the WATERSHED and expressed interest in development in the southern part of the City. Roy Mann is interested in following up with City Council the proposals reiterated in the initial report relative the matter in which development would occur. Roy Mann is currently performing a contract for Myrtle Beach and will be in this area next week and indicated he would like to discuss some of the proposals and what may be investigated as alternatives in the manner in which this area is going to be developed. Roy Mann proposed some innovative means of developing that portion of the City. The WORKSHOP will be SCHEDULED for November 18, 1987, from 9:00 A.M. until 12:00 NOON in the City Council Conference Room for anyone interested in attending. Councilman Balko advised a decision must be made relative whether BACK BAY will be Salt Water or Fresh Water. Councilwoman Henley advised Roy Mann's area of expertise involves planning and development. Jason Cortell performed the water quality aspect of the BACK BAY MANAGEMENT PLAN. Roy Mann in the BACK BAY MANAGEMENT PLAN had proposed three (3) levels of strategy. The Staff, in discussion with Roy Mann, will explore various alternatives and from this discussion attempt to develop three possible options. Councilwoman Henley advised BACK BAY is only one facet in the manner in which the Southern part of the City develops. Capital Improvements acquired and the manner in which they are to be required has to be investigated as well. There is going to be increased pressure to develop the back lands, not just the road frontage. The Agriculture industry and the City's Comprehensive Plan will be other factors involved as well. - 5 - C I T Y C 0 U N C I L C 0 N C E R N S ITF14 # 28318 Councilman Moss referenced three items available on the BOARD OF ZONING APPFALS Agenda for November 18, 1987, i.e, variances for parking, set-backs. Depending upon his evaluation of same, Councilman Moss might schedule possible Resolutions for City Council's consideration at the City Council Meeting of November 16, 1987. Councilwoman Parker requested if a Meeting could be SCHEDULED with the Board of Zoning Appeals to communicate what the City Council is attempting to accomplish with the adoption of certain ordinances. The City Manager advised the addition of two items to the City Council AGENDA: An Ordinance to Accept and Appropriate $37,000 from the U.S. Department of Housing and Urban Development for an Emergency Shelter Program and recognition of the Virginia Beach Police Department realtive their NATIONWIDE ACCREDITATION. TTEM # 28319 Councilman Perry requested more efficient communication within the Planning Department. Councilman Perry reiterated a situation in Newsome Farms relative a permit. The City Manager will advise. - 6 - ITEM # 28320 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, November 9, 1987, at 12:05 P.M- Council Members Present: Albert W. Balko, 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: John A. Baum and Robert E. Fentress - 7 - ITEM # 28321 Mayor Robert G. Jones entertained a motion to permit City Council to conduct its EXECUTIVE SFSSION 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-G.l. Upon motion by Councilman Balko, seconded by Councilman Perry, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, 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: John A. Baum and Robert E. Fentress - 8 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL November 9, 1987 2:10 P.M. Vice 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 2, 1987, at 2:10 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 INVOCATION: Reverend Timothy Pipkin Calvary Assembly of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATFS OF AMERICA - 9 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item III-D.1 ITEM # 28322 Councilman Fentress advised the addition of an Ordinance to Transfer $1,800,000 for the City Portion of Total Funds Necessary to Acquire the 24th Street Open Space. Item III-D.2 ITEM # 28323 The City Manager referenced the addition of an Ordinance to Accept and Appropriate $37,000 from the U.S. Department of Housing and Urban Development for an Emergency Shelter Program. BY CONSENSUS, with the exception of Councilwoman McClanan's 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. - 10 - Item III-E.1 MINUTES ITEM # 28324 ADD-ON Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of November 2, 1987. 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 "Verbal Aye Item III-E.2 ANNOUNCEMENT ITEM # 28325 ADD-ON The City Manager advised this past weekend Aubrey Watts, Chief Wall, George Notel, Accreditation Manager, Officer Doug McGibbon, assigned to Planning and Analysis, and the City Manager had the opportunity to be in Rochester, New York, for the final review and granting of an ACCREDITATION for the Virginia Beach Police Department. This has been over 2 years in the making. Chief Wall advised this was a National Set of Standards. Virginia Beach is the fifty-fourth of approximately 17,000 police departments in the United States to receive accreditation. The Commonwealth of Virginia has the largest number of accreditations - 11 out of the 54. The work was done in conjunction with an update and review of all policies and procedures. A team of outside experts investigated prior to the official team to be assured all the Department was headed in the right direction. The official team spent approximately 4 days reviewing policies and procedures, investigating the operations, discussing same with citizens and employees. The official team made their recommendation to the Board on Saturday, November 7, 1987. On Sunday morning, November 8, 1987, the official RECOGNITION AND ACCREDITATION was granted to the City of Virginia Beach as the tenth City in Virginia to be accredited. Chief Wall expressed appreciation for the abundant support of the administration and especially the City Manager. 1 2 Item III-F.l. PLANNING ITEM # 28326 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT a. JAMES E. SNYDER VARIANCE b. FIRST BAPTIST CHURCH OF VIRGINIA BEACH CONDITIONAL USE PERMIT c. NEW COVENANT PRFSBYTERIAN CHURCH CONDITIONAL USE PERMIT d. MR. AND MRS. RICHARD L. COMSTOCK CONDITIONAL USE PERMIT - 13 - Item IV-F.1 PUBLIC HEARING PLANNING BY CONSENT ITEM # 28327 Upon motion by Councilman Moss, seconded by Councilman Balko, City Council APPROVED in ONE MOTION Items III-F.l.a., III-F.I.b.*, III-F.l.c. and iii- F.l.d. of the PLANING BY CONSENT AGENDA. Item III-F.l.b. was AMENDED with the addition of a condition. 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: "Councilwoman Henley voted a VERBAL NAY on Item III-F.l.a. Council Members Absent: None - 14 - Item III-F.l.a. PUBLIC HEARING PLANNING BY CONSENT ITEM # 28328 Upon motion by Councilman Moss, seconded by Councilman Balko, City Council APPROVED the application of JAMES E. SNYDER for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision to meet all the requirements of the Comprehensive Zoning Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for James E. Snyder. Property located at 4429 Blackwater Road. Plats with more detailed information are available in the Department of Planning. BLACKWATER BOROUGH. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, 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: Barbara M. Henley" Council Members Absent: None *Verbal Nay Councilwoman Henley advised there were reasons discussed to establish a hardship which would satisfy her concerns on this application. Councilman Baum advised he had discussed with Donald Horsley the concerns of City Council relative THE PLANNING BY CONSENT AGENDA and there should be reasons reiterated relative hardships. Commissioner Horsley will bring this matter before the Commission. Councilwoman Parker requested the reasons for abstaining in the Planning Commission Minutes be stated as to why Commissioners did not vote. The City Council must always state their reason for ABSTENTION. 1 5 Item III-F.l.b PUBLIC HEARING PLANNING ITEM # 28329 Upon motion by Councilman Moss, seconded by Councilman Balko, City Council ADOPTED an Ordinance upon application of FIRST BAPTIST CHURCH OF VIRGINIA BEACH for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF FIRST BAPTIST CHURCH OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R011871092 BE IT HEHEBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of First Baptist Church of Virginia Beach for a Conditional Use Permit for a church on certain property located at the southwest intersection of Newstead Drive and Proposed Ferrell Parkway. Said parcel contains 5 acres. Plats with more detailed infomation are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. No curb cuts on Ferrell Parkway. 2. Category III Screening shall be utilized along Ferrell Parkway. 3. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of this site and in keeping with the recommendations for the proposed Back Bay/North Landing River Management District. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of November Nineteen Hundred and Eighty-seven. 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-F.l.c. PUBLIC HEARING PLANNING BY GONSENT TTEM # 28330 Upon motion by Councilman Moss, seconded by Councilman Balko, City Council ADOPTED an Ordinance upon application of NEW COVENANT PRESBYTERIAN CHURGH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF NEW COVENANT PRESBYTERIAN CHURCH FOR A CONDITIONAL USE PERMIT R011871093 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of New Covenant Presbyterian Church for a Conditional Use Permit for a parking lot on the southeast side of Kempsville Road, 200 feet more or less northeast of Stewart Drive. Said parcel is located at 1552 Kempsville Road and contains 5.34 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following condition shall be required: The internal lot line separating the two parcels shall be vacated. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of November Nineteen Hundred and Eighty-seven. 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 - 16a - SMTEMENT CF OONSENT APPLICANT: @w Ccvenarit Presbytericn Church APPLICATION: aDridit3-onal Lbe Permit DESCRIPT'ION: Parking Lot CI'IY CCULUIL SESSION: I\bvEM@ 9, 1987 THE UNDEE6IGNED (NNER OR LECAL IEPRESENTATIVE FOR THE @@R, (cr Agent for the Cwner) , aAS REVIEWED THE COMITIUZ FOR APPROVAL (RFQUIREMENTS) RIECMENDED BY THE VIRGINIA BEACH PLAMING CCn4ISSION TO THE VIRGINIA BEACH CITY CCUBC@ FOR AFFIRMATIVE ACTION CN ll'HlS DATE AS THC@ Y APPLY TO THE REFEREW-ED APPLICATION FOR AMENNEW TO THE ZONING MAP CP @ CIIIY CE VIRGINIA BF-ACK VIRGINIA, AND HEREBY AOMPTS AND AGREES TO: 1. @e internal lot line separating tlie t@ parcels shall be vacated. Owner amer/Pttorncy ent Date: - 17 - Item III-F.l.d. PUBLIC HMING PLANNING BY CONSENT ITEM # 28331 Upon motion by Councilman Moss, seconded by Councilman Balko, City Council ADOPTED an Ordinance upon application of MR. & MRS. RICHARD L. COMSTOCK for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF MR. & MRS. RICHARD L. COMSTOCK FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING IN TIIE AG-1 AGRICULTURAL DISTRICT R011871094 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mr. & Mrs Richard L. Comstock for a Conditional Use Permit for a single famiy dwelling in the AG-1 Agricultural District on the east side of Blackwater Road, 2428-39 feet south of West Gibbs Road. Said parcel is located at 6436 Blackwater Road and contains 10.01 acres. Plats with more detailed information are available in the Department of Planning. BLACKWATER BOROUGH. The following condition shall be required: 1. A 10-foot dedication is required to provide for an ultimate 50-foot right-of-way along Blackwater Road. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth day of November Nineteen Hundred and Eighty-seven. - 18 - Item III-F.I.d. PUBLIC HEARING PLANNING BY CONSENT ITEM # 28331 (Continued) 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 8a CF APPLICANT: rlr. ard Mrs. R)-cha-rd L. Ccmstock APPLICATION: Cbriditional Lbe PerTnit DESCRIPTION: Single family dw-11-i@ in AG-1 District CI'IY CCUTUIL SESSION: tbvember 9, 1987 THE UNDE@IGNED CKNER OR LEC-AL PEP@SINTATIVE FOR THE @R, (or Pgent for the Owner) , HAS REVIEWED @@ CONDI'NONS FOR APPROVAL (ICQUIREMENTS) RE12CM14IMED BY UE VIRGINIA BEACH @I@ COt44ISSION TO THE VIRGINIA BEACH CITY C@W-IL FOR AFFIPMATIVE AC1'ICN ON THIS DATE AS TIMY APPLY TO THE REFE@ED APPLICATION FOR AMENIMENT TO THE ZONING MAP CF = CI'IY CE VIRGINIA BEACH, VIRGINIA, AND HEREBY A=P'IS AND AGPEES TO: 1. A 10-foot delication is required to frcvide for an ultimate 50-foc)t right-of@y along Blac@ter lbad. Ovmer Ey: Cwn@/@torney@ent L'ate: - 19 - Item III-G.l.a. RESOLUTIONS ITEM # 28332 Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Resolution to accept land by DEED OF GIFT from Breeden Development Corporation, a Virginia Corporation, to the City of Virginia Beach for recreation areas (Thalia Trace Section Three and Thalia Oaks Section One--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 - 19a - A RESOLUTION TO ACCEPT LAND BY DEED OF GIFT FROM BREEDEN DEVELOPMENT CORP., A VIRGINIA CORPORATION, TO THE CITY OF VIRGINIA BEACH FOR RECREATION AREAS. WHEREAS, Breeden Development Corp., a Virginia corporation, has executed a Deed of Gift dated December 4, 1986; and WHEREAS, the said deed of gift is conveys with general warranty 0.593 and 1.033 acres in the subdivision of Thalia Trace, Section Three, Kempsville Borough, Virginia Beach, Virginia and 0.249 acre in the subdivision of Thalia Oaks, Section One, Kempsville Borough, Virginia Beach, Virginia; and WHEREAS, the said deed of gift specifies that each of the parcels are for recreation; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby accepts the following: "PARCEL NO. 1 (RECREATION AREA) 0.593 ACRE" and PARCEL 2 (RECREATION AREA) 1.033 ACRES" as shown on that certain plat entitled: "SUBDIVISION OF THALIA TRACE SECTION THREE KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA and "PARCEL 2 (RECREATION AREA) 0.249 ACRE" as shown on that certain plat entitled: "SUBDIVISION OF THALIA OAKS SECTION ONE KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA SCALE: 1'1=401 MARCH 1981 JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS AND ENGINEERS VIRGINIA BEACH, VIRGINIA". Adopted by the Council of the City of Virginia Beach, Virginia this 9 day of November 1987. WCB/rab AP@ T CITY Ai i - 20 - Item III-G.l.b. ORDINANCES ADD-ON ITEM # 28333 Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED, AS AMENDED*: Ordinance to Transfer $1,800,000 for the City portion of the total funds necessary to acquire the 24th Street Open Space. *The words "Maritime Museum" shall be deleted from the caption after the words 1124th Street". The words "Maritime Museum" shall also be deleted in the fifth Paragraph, third line after the words "24th Street". Voting: 7-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: None - 20a - REQUESTED BY: COUNCILMAN HAROLD HEISCHOBER COUNCILMAN ROBERT FENTRESS AN ORDINANCE TO TRANSFER $1,800,000 FOR THE CITY PORTION OF TOTAL FUNDS NECESSARY TO ACQUIRE THE 24TH STREET OPEN SPACE WHEREAS, the citizens of the City of Virginia Beach have expressed their desire for additional open space at the oceanfront, and WHERF-AS, additional open space at 24th Street and Oceanfront adjacent to the Maritime Historical Museum has become available at a total cost of $2,400,000, and WHEREAS, the City Council has agreed to enter into a contract to acquire the parcel subject to contributions of $600,000 to be raised before December 1, 1987, from private sources I and WHEREAS, the remaining $1,800,000 may be provided by the transfer from the following FY 1987-88 Capital Projects: #3-979 Municipal Facilities Site Acquisition $1,600,000 #4-940 Lynnhaven Municipal Marina Renovation 200,000 0 000 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $1,800,000 be transferred from Capital Improvement Projects #3-979 and #4-940 to acquire the 24th Street Open Space, and BE IT FURTHER ORDAINED that these funds shall be matched by $600,000 of private contributions. This ordinance shall be in affect from the date of adoption. Adopted this 9th day of November 1987, by the Council of the City of Virginia Beach, Virginia. - 21 - Item III-G.l.c. ORDINANCE ITEM # 28334 ADD-ON Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City Council APPROVED UPON FIRST RFADING: Ordinance to Accept and Appropriate $37,000 from the U.S. Department of Housing and Urban Development for an Emergency Shelter 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 - 21a - ORDINANCE TO ACCEPT AND APPROPRIATE $37,000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR AN EMERGENCY SHELTER PROGRAM WHEREAS, the Stewart B. McKinney Homeless Assistance Act, enacted by the Congress on July 22, 1987, provides $50 million nationwide for an emergency shelter grants program; and WHEREAS, this program provides grants to localities to support homeless shelter programs and support services within their boundaries; and WHEREAS, there is a problem in providing shelter and support services for the homeless in Virginia Beach; and WHEREAS, the U.S. Department of Housing and Urban Development has informed the City that $37,000 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 $37,000 from the U.S. Department of Housing and Urban Development for emergency shelter programs is accepted. BE IT FURTHER ORDAINED that the City Manager is authorized to execute a Grant Agreement with the U.S. Department of Housing and Urban Development accepting the grant of $37,000. BE IT FURTHER ORDAINED that funds in the amount of $37,000 are appropriated to the Department of Housing and Community Development for a pass-through to private, non-profit agencies who will provide housing and services to the homeless. BE IT FURTHER ORDAINED that the City of Virginia Beach will comply with all requirements of this program of the U.S. Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach on day of , 1987. First Reading: November 9, 1987 APPRE EiNi@ Second Reading: DEPARTMENT APPROVED AS TO LERAL SUFFICIENCY AN,' - 22 - Item III-H. CONSENT AGENDA ITF24 // 28335 Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council APPROVED in ONE MOTION, Items 1, 3 and 4 of the CONSENT AGENDA. Item 2 was voted upon separately. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, 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. ?erry Council Members Voting Nay: None Council Members Absent: John A. Baum - 23 - Item III-H.l. CONSENT AGENDA ITEM # 28336 Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council ADOPTED upon SECOND RFADING: Ordinance to ACCEPT and APPROPRIATE a $20,000 grant from the Commonwealth of Virginia, Department of Mines, Minerals, and Energy. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, 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: John A. Baum - 23a - AN ORDINANCE TO APPROPRIATF A $20,000 GRANT FROM THE COMMONWEALTH OY V-FRGINIA, DEPARTMENT OF MINFS, MTNERALS, AND ENERGY AND TO TRANSFER $35,000 THE G SERVICRS BUDGET FOR THE MATCH WHERFAS, the City of Virginia Beach has applied for and received a grant from the Commonwealth of Virginia, Department of Mine, Minerals, and Energy, to investigate energy conservation options in relation to long range planning at the Municipal Center, and WHEREAS, there is currently 390,000 square feet of offlce space at the Municipal Center, excluding the School Administration Building, and WHEREAS, office space at the Complex is anticipated to be 829,000 square feet by 2010, and WHEREAS, heating and cooling the existing office space in FY 1986-87 cost the city over $2,560,574, and WHEREAS, the grant would be used to develop a master plan for retention/expansion of the central plant system or the creation of zones, or decentralized systems and to explore appropriate energy conservation opportunities and development of cogeneration energy facilities, and WHEREAS, the grant amount is $20,000 from the Department of Mines, Minerals, and Energy with a $35,000 match from the City of Virginia Beach, and WHEREAS, the funds for the match will be transferred from within the Department of General Services or provided as "in-kind" services. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF TIE CITY OF VIRGINIA BEACH, that the $20,000 grant from the Commonwealth of Virginia, Department of Mines, Minerals, and Energy be accepted and appropriated, and FIRST READING: November 2, 1987 SECOND READING: November 9, 1987 ADOPTED: November 9, 1987 BE IT FURTHER ORDAINED, that the $35,000 local match be provided by the transfer of funds from within the Department of General Services Operating Budget. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Second -- day of November 1 1987. - 24 - Item III-H.2. CONSENT AGENDA ITEM # 28337 Judge H. Calvin Spain, 704 55th Street Phone: 425-5772 represented Princess Anne Hills and urged acceleration of this particular project Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council APPROVED: Request of Princess Anne Hills residents for sanitary sewer service upon verification of 51% participation. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, 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: John A. Baum - 25 - Item III-H-3- CONSENT AGENDA ITEM # 28338 Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council APPROVED: Low Bid to A & W Contractors, Incorporated, in the amount of $327,090 for Sandbridge Road Water Line Capital Improvement Project (CIP 5-712). Voting: 10-0 Council Members Voting Aye: Albert W. Balko, 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: John A. Baum - 26 - Item III-H-4- CONSENT AGENDA ITEM # 28339 Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council ADOPTED: Ordinance Authorizing License Refunds in the amount of $14,753-18 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, 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: John A. Baum FORM NO. C A 6 REV. @b6 - 26a - AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid D M R Inc. T/A wooden Nickel 894 Wedgeon Road Norfolk, VA 23513 1986-87 Audit 11.90 11.90 Safeway Stores Inc. T/A Safeway Stores #369, #372 1301 West Hundred Road Chester, VA 23831 1986-87 Audit 14,081.28 14,081.28 Select Temporary Service 770 Lynnhaven Pkwy, Suite 125 Va. Beach, VA 23452 1985-86 Audit 660.00 660.00 Certified as to Payment: R'o6ert P. Vaughan Commissioner of the Revenue Approved as to bi',/Da@e iii@-so@n' ity Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $14 , 7 53 . 18 were approved by the Council 9 November 87 of the City of Virginia Beach on the- day of 19 - Ruth Hodges Smith City Clerk - 27 - Item III-J.1 NEW BUSINESS TTEM # 28340 BY CONCENSUS, a JOINT MEETING with the City Council and the School Board of the City of Virginia Beach will be SCHEDULED for November 30, 1987 at 3:00 P.M., prior to the PUBLIC HEARING of Appointments for the School Board. Councilwoman Henley requested an AGENDA depicting certain guidelines of discussion. Councilman Moss requested information relative the fiscal target of the School Board as the City Council would wish the School Board to work within the framework of the expenditure of the tax policy the City Council is considering adopting. The School Board's ability to live within this target should be addressed and the items identified that cannot be placed within this target. - 28 - Item III-K.l. RECESS TO EXECUTIVE SESSION ITEM # 28341 In accordance with Section 2.1-344, Code of Virginia as amended, and upon motion by Councilman Moss, seconded by Councilman Balko, City Council RECESSED into EXECUTIVE SESSION for discussion of PERSONNEL MATTERS, PUBLICLY HELD PROPERTY and LEGAL MATTERS, after which to RECONVENE and then ADJOURN (2:55 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 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. Voting: 10-0* Council Members Voting Aye: Albert W. Balko, 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: John A. Baum *Verbal Aye - 29 - Item V-N. ADJOURNMENT ITEM # 28342 Upon motion by Councilman Fentress, City Council ADJOURNED the Meeting at 4:48 P.M. B., rly . 2k@ Meferad'- Oberndorf Chief Deputy City Clerk Vice Mayor @uth Hodges bert City Clerk @yor City of Virginia Beach Virginia