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Home My WebLink AboutOCTOBER 5, 1987 MINUTES "WORLD'S LARGEST RESORT CITY" R-@- G J.'@s, -- EYF- @. OB@-@-, @E@, W, 8"01 LI@@- --g@ 'ENTM-, VII@-i- -1@ --l@ $ -1@ K -EA A, 28i CITYHALL BUILDING MUNICIPAL CENTER C,,, VIRGINIA REACH, VIRGINIA 23456 9002 [8041427-4303 VIRGINIA BEACH CITY COUNCIL AGENDA @ 5, 1987 ITiM I. COUNCIL SESSION - amfererice Rocrn - 12:30 PM A. CITY COUNCIL ITEM ii. INFO@ SESSION - Cc)nference - 1:00 PM A. @ To OIRDEP - Yayor Pcber-t G. Jones .B. ROLL CALL CF COUWIL C. RBCESS TO SESSION ITEM III. EURKAL SESSION - Cbuncil Chamber - 2:00 PM A. INVOCATION: Reverend Falph A. Salter 9halia Lbited Yethodist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG CF 'niE UNITED STATES OF PMERICA C. MWTRONIC RJLL CALL CF CIIY COULCIL D. ADOPTION CP ITEMS FOR THE FORMKL AG@ E. S 1. @o@ & Fo@ SESSIOLZ - Septeinber 21, 1987 F. TIONS 1 - V-V- ipal Iie@ (VML) Ach3.evement 2. Crime Solvers Award G. PEMLIC HEAPJM 1. PIANNIM a. Application of Princess Anne I to establish an Historical and Cultural District on pmperty located North of North @ing lbad begiming at the North@st intersection of James Madi@n Ibulevard and George @sc)n Drive, containing 40.9 acres (Pri@ess Amm Borough). Rec ation: b. Ppplication of Betty C. Ghent for a variance to Section 4.4(b) of the Subdivision Ordinary,-e, which requires a minimlim lot width of 8C) f eet, lot width is measured aLt the rear of the required front yard, on proper-ty located at 8Do-804 Le Ccve Drive (Kernpsville Bc)rough) ReccRTnendation: APP c. Application of VixxJinia Beach PrOperties, Inc. for a varince to Section 4.4(c) of the Subdivision Ordinarr-e, which requires a minjinun lot width of 85 feet for corner lots in the R-6 residential District, the w-idth of the corner lot is measured frcm the front yard setback along the narro%est boundary fronting on a street, on property located at the sduth@st corner of Daniel Snith Fbad and Lawrerr-e Drive (Bayside B:)rough). Pec ation: d. Application of Inc. for a (briditional Use Pernit for a private school (addition) at the @utheast cDrner of Wood@use PDad ard Mill Dan@ad (1320 Mill Dan lbad), containing 29.5 ar-res (Lynnhaven lbrough). RecciTme@ation: APPROVAL e. Crdinance for the discontinu-ance, closure @ abandoment of a cul-dc-sac at the Northem teitninus of Baker @ed, cx)ntaining 9060 square feet mcre or less, in the petition of d E. Perry (Bayside BDro@h). DEFERRED 180 Days for 03mpliance of Cbnditions Ppri-I 20, 1987 Recarnnendation: F@ APP@ H. ON 1. @sc)lution referring an @FNT to Section 944.1 f th, @ehensive ZOning e Pertaining to sign regulaticns in the @5 Resort ]Distxict to the Plannuig @ssion. ORDINANCES 1. erdinwice desigriating certain appointees and employees to file a disclosure statewnt of their persc)nal interests and other info.rTnation specified on the form set forth in Section 2.1-639.15 of the Code of Virginia State and @al- Gcverrramt Oonflict of Interests Act. DEF@ by City (buncil on Aigust 10, 1987 2. Ordinance to PMEND and RECRE)AIN the Code of the City of Virginia Beach, Virginia, by repealing Section 6-123 pertaining to windsurfing devioes. 3. Crdinances upon SECOM @ING to accept and aprrorriate $10,228,271 frcxn EY '88 for the paynent of purchase orders brought fo@rd fran Fy 187. 4. Ordinances upc)n SBCOND @IM to accept and apr-ror-riate $19,268,929 fcr FY '87/88 School Grants and Enterprise a. @xtboc)k Pental Ebnd BLidget - $1, 348,8DI b. @hool Prograns furided by @ecial Categorical Grants $8, 211, 255 c. @hool Cafeteria fhterprise FLind Budget - $9, 708,873 J. CONSENT AGENDA All matters listed under the ODnsent @enda are oc)nsidered in the ordinary course of busimss by City Cburr-il ard will be enacted by one motion in the fonti listed. If an itkn is reneved frcrn the Cbnsent ,Venda, it will be d@ussed and voted upon separately. 1. Ordinance to AMEND and REORLIAIN @ction 10-1 of the Cbde of the City of Vircjinia Bearh, Virginia pertaining to establi t of electim custricts ana vatug places. 2. Ordinarr-e to TRANSFER $323, 344 frcrn Capital Projects to close out ccupleted Capital Projects fc)r FY '86/87. 3. Low @d to e icn tim in the anount of $1, 106, 300 for k revitalization and Oceanfront parks proj@. 4. LDw Bid to A&W OC)ntr@s, Inc. in the anomt of $127,1%.70 for water service to residents of ille Camy currently served by @lls, without CLty vater service, and %ho have ebtained 51% participation for requesting City vater service. 5. RAFFLE PEWITS: Pembroke Uiited Church of Christ Kiwanis CLub of Lymhaven 6. Crdinance authorizing tax refunds in the arnomt of $2,373.91. K. UNFINISHED BUSINESS L. NEW BUSINESS 1. ST F'OR RECCNSIDERATION of the application of Virginia Beach S.P.C.A., a Virginia Llbn-Stock Cc)rpc)ration, for a CbrOitional Use Pemit for an animal hDspital, ppund, shelter and kemel, on property located on the East side of Holland lbad, 650 feet SDuth of Landsto%n lbad, containing 2.5 acres (Princess Anne Borough) . 2. TWAM-F= AMIVERSARY C@RATION coM,4j= fundirig M. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 5, 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, October 5, 1987, at 12:50 P.M- Council Members Present: John A. Baum, 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 Absent: None - 2 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 28080 Mayor Jones advised the PLANNING ITEMS with the exception of the Street Closure (Ordinance for the discontinuance, closure and abandonment of a cul-de-sac at the Northern terminus of Baker Road, containing 9060 square feet more or less, in the petition of Donald E. Perry, Bayside Borough), are PLANNING BY CONSENT ITEMS. Mayor Jones inquired whether City Council would care to treat these items as such as all were passed unanimously in the Planning Commission. ITEM # 28081 Mayor Jones referenced the need to heighten awareness relative an aesthetics program for the City. Mayor Jones suggested the naming of a TASK FORCE on the City's appearance with their task be defined to initiate a PLAN whereby the City's appearance could be enhanced. Within three months, this group should come in with a proposal to establish an on-going committee or a recommendation of combining various beautification committees for a joint effort to insure the proper appearance of the City. Tourists have indicated Cleanliness of the RESORT AREA as one of the primary items of concern. Vice Mayor Oberndorf suggested for inclusion on this TASK FORCE Attorney J. M. Summs who corresponded with City Council relative concerns and extended appreciation when said matters were solved. The Mayor advised Jan was a developer of such impressive subdivisions as MIDDLE PLANTATION AND CHELSEA ITEM # 28082 Mayor Jones referenced the firm performing consultant services for Chesapeake. The City Manager had advised at the City Council Meeting of September 21, 1987, he was in a position to arrange a meeting with this firm regarding the cost for a second opinion concerning the COMPREHENSIVE ZONING ORDINANCE. The City Manager advised the consultant's initial impact was to investigate Noise Zone II and the impacts between Oceana and Fentress. As the concepts had not been presented to the Chesapeake City Council, the City Manager was not quite sure same would be public information. Their ideas, however, did not appear to be much different from Virginia Beach's ideas. However, around Fentress, the impact of development on that base is so insignificant it would allow for a different situation than Oceana. The Consultants advised they are reviewing alternatives relative the use of the property. Regarding the second opinion concerning the CZO, the Consultants advised they could peruse the document and reiterate whether same was on the leading edge of zoning and inquired, as a result of their experiences, as to whether they could make recommendations that were not included in our CZO Mayor Jones requested Councilman Moss review same with the City Manager. Councilman Moss advised of the methods to critique the document: (1) If said document is on the leading edge of what is being accomplished throughout the Country; (2) Is there some consensus on the value judgment relative the CZO; (3) Is the vision for Virginia Beach in conjunction with what can be afforded in the CAPITAL IMPROVEMENT PROGRAM. The CZO should be integrated with the affordability of the City. - 3 - C 0 N C E R N S 0 F T H E M A Y 0 R (Continued) ITEM # 28083 Councilman Heischober inquired as to whether this COMPREHENSIVE LAND USE PLAN included Conditional Zoning. Councilwoman Henley advised the Planning Commission had formed subcommittees to pursue the major areas. The Subcommittee on Conditional Zoning has an abundance of information to present to City Council. The benefit of this committee's research is needed outlining what was discarded as well as what was retained and the reasons justifying these actions. Councilman Moss advised relative the CZO, due to the time restraints the City Council might want to examine some of the issues that are not quite so controversial and act sooner on them; although, he would not advocate partial adoption. The Mayor and Vice Mayor will consult with the City Manager and Director of Planning on Wednesday, October 7, 1987, to develop definitive ideas. - 4 - C 0 N C E R N S 0 F T H E V I C E M A Y 0 R ITEM # 28084 Vice Mayor Oberndorf referenced the ADOPT-A-SCHOOL PROGRAM, a joint effort between the Chamber of Commerce, the Public School Systems and Virginia Beach City Council. The suggestion was made to sponsor COURTHOUSE ELEMENTARY SCHOOL. Vice Mayor Oberndorf advised through the "ADOPT-A-SCHOOL" PROGRAM, local businesses, industries and organizations bring support in many forms to a district's schools from volunteer tutors and speakers to educational equipment and internships, from mentors and advisors to special projects and awards' assemblies. Vice Mayor Oberndorf distributed a packet summarizing this Program and also containing an A+ Pin. (Said packet is herby made a part of the record.) BY CONSENSUS, City Council agreed to sponsor COURTHOUSE ELEMENTARY SCHOOL in the "ADOPT-A-SCHOOL" PROGRAM. - 5 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 28085 Vice Mayor Oberndorf referenced an application of Cape Henry School, Inc. for a Conditional Use Permit for a private school (addition) at the Southeast corner of Woodhou3e Road and Mill Dam Road (1320 Mill Dam Road), containing 29.5 acres (Lynnhaven Borough). (See Item III-G.D of the PLANNING AGENDA). Vice Mayor Oberndorf advised the Cape Henry Collegiate School Bus wrecked her COUGAR and as she is in litigation. Should she vote on this particular item? The City Attorney advised it would be permissible Councilwoman Parker further referenced this application and reiterated her concern relative the abundance of curb cuts on Mill Dam Road. ITEM # 28086 Councilman Moss referenced an application of Betty C. Ghent for a variance to Section 4.4(b) of the Subdivision Ordinance, which requires a minimum lot width of 80 feet, lot width is measured at the rear of the required front yard, on property located at 800-804 Le Cove Drive (Kempsville Borough). (See Item III- G.b of the PLANNING ITEMS). Councilman Moss had questions relative this item. Councilwoman McClanan advised one of her concerns was relative the name change of the River Lake Water Agency, a private water company which serves the aforementioned area. Councilwoman McClanan further inquired relative the number of houses the applicant plans on building, as two houses already exist on the two lots. ITEM # 28087 Councilman Perry referenced an application of Virginia Beach Properties, Inc. for a variance to Section 4.4(c) of the Subdivision Ordinance, which requires a minimum lot width of 85 feet for corner lots in the R-6 Residential District, the width of the corner lot is measured from the front yard setback along the narrowest boundary fronting on a street, on property located at the Southwest corner of Daniel Smith Road and Lawrence Drive (Bayside Borough). (See Item III-G.c. of the PLANNING AGENDA). Councilman Perry received a call from the Civic League advising they were not in OPPOSITION to this as same was a corner lot. They do not wish variances of this type EXCEPT on corner lots. ITEM # 28088 Councilman Moss advised relative an Ordinance designating certain appointees and employees to file a disclosure statement of their personal interests and other information specified on the form set forth in Section 2.1-639-15 of the Code of Virginia State and Local Government Conflict of Interests Act. (See Item III-I.1 ORDINANCES). Councilman Moss told the City Attorney it was his intention to SCHEDULE this Ordinance for the City Council Meeting of October 26, 1987, to allow ample time to study and discuss the CONFLICT OF INTEREST ORDINANCE. Councilman Moss will motion for the DEFERRAL of this item during the FORMAL SESSION. - 6 - C I T Y C 0 U N C I L C 0 N C E R N S (Continued) ITEM # 28089 Councilman Perry referenced the TARGET AREAS that were zoned in 1920 (LAKE SMITH) as R-8. The law should apply equally to all people. There are two homes in Lake Smith, 16-foot wide - 35 feet long on a lot that is 30 x 120. These new homes have no windows on one side on Lynnhaven Boulevard. Councilman Perry advised the builder only bought two lots, side-by-side, approximately three months ago and is attempting to purchase more. Councilwoman Parker advised relative a similar situation in SliADOWLAWN zoned R-7, individuals who owned two lots or more were required to retain the combination and could not create a non-conforming lot. Councilwoman McClanan requested this similar application of the aforementioned R-7 be utilized for this R-8 and be SCHEDULED for the City Council Meeting of October 12, 1987 for referral to the PLANNING COMMISSION. The City Manager advised the R-8 Zoning allows a lot coverage of 40%. The Mayor requested a BRIEFING by City Staff be SCHEDULED for the City Council Meeting of October 12, 1987, relative options for solutions to this problem. ITEM # 28090 Councilman Balko referenced the BEACON article on Sunday, October 4, 1987, relative TRAVEL EXPENSES. Councilman Balko advised he was NOT going to LAS VEGAS and requested the newspaper check their source of information. - 7 - ITEM # 28091 The INFORMAL SFSSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, October 5, 1987, at 1:30 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jpnes, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 8 - ITEM # 28092 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 affect 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. Upon motion by Councilman Moss, seconded by Councilman Baum, 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 - 9 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL October 5, 1987 2:05 P.M. 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, October 5, 1987, at 2:05 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 Ralph A. Salter Thalia United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 10 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item III-D.1 ITEM # 28093 Councilman Moss requested an Item under UNFINISHED BUSINESS be ADDED relative a Resolution providing for a Referendum on the question of whether the General Assembly should be requested to AMEND the Charter of the City of Virginia Beach to provide for the direct election of the School Board and to grant the School Board limited taxing authority. Councilman Moss requested further discussion relative this matter. Item III-D.2 ITF14 # 28094 Councilwoman Henley requested an Item be ADDED under UNFINISHED BUSINESS relative TRAVEL EXPENSES. Item III-D-3 ITEM # 28095 The City Manager referenced an application of Betty C. Ghent for a variance to Section 4.4(b) of the Subdivision Ordinance, which requires a minimum lot width of 80 feet, lot width is measured at the rear of the required front yard, on property located at 800-804 Le Cove Drive (Kempsville Borough). (See Item III- G.l.b of the PLANNING AGENDA.) In response to an inquiry by Councilwoman McClanan,the correct name was Indian River Water Company, NOT River Lake Water Agency as printed in the Agenda. Item III-D-4 ITEM # 28096 Vice Mayor Oberndorf advised of an addition under NEW BUSINESS relative an announcement. The City Council had agreed to sponsor COURTHOUSE ELEMENTARY SCHOOL in the "ADOPT-A-SCHOOL" PROGRAM. Item III-D-5- ITEM # 28097 Councilman Perry requested an addition of an item under NEW BUSINESS relative an Ordinance upon application of WAYNE BEAGLE for a Change of Zoning District Classification from R-6 to A-2. (Said Ordinance was DENIED at the City Council Meeting of September 21, 1987.) Item III-D.6 ITEM # 28098 The City Clerk referenced the addition to the CONSENT AGENDA of two RESOLUTIONS IN RECOGNITION to Detective Michael Derwent and Detective James McKinney (Grime Solvers). 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. Item III-E.1 MINUTES ITEM 28099 Upon motion by Councilman Baum, seconded by Councilman Perry, City Council AMENDED the MINUTES of the INFOPd4AL & FORMAL SESSIONS of September 21, 1987. Page 26, ITEM # 28053 ORDINANCE UPON APPLICATION OF MARGARET A. DRUMMOND, JAMES R. & MARGUERITE D. JOHNSON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2 Z09871182 6. There shall be one major curb cut as exists for the shopping center on Holland Road (for ingress only), entr&,ic@-@--t-he @apartment pre"eet,- and only two other curb cuts will be allowed on Shipps Corner Road, one of which will correspond to the main entrance of the proposed apartment project across Ships Corner Road. 7. Impervious parking surface for shopping center shall be maintained. Landscaping shall be generously distributed throughout the parking lot to protect view of cars and from sun. This shall not be as shown on plan but as discussed in City Council Meeting of September 21, 1987, to be included in the center dividers for each parking area. 14. Recordation of a deed restriction committing the developer to the site plan titled "Shipps Corner Market-Concept Plan", as amended, drawn by Talbot and Associates, as Project 871224 dated June 25, 1987, and revised June 30, 1987. Except said deed restriction shall also encompass the amended conditions stated above and shall be filed within ten (10) days which shall take precedent over Market-Concept Plan. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Ilenley, Reba S. McClanan, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 12 - Item IV-F.l. PRESENTATIONS ITEM # 28100 Vice Mayor Oberndorf presented the EFFECTIVE GOVERNMENT ACHIEVEMENT AWARD which had been given at the Banquet of the VIRGINIA MUNICIPAL LEAGUE to: PUBLIC INFORMATION OFFICE The Award was in recognition of the "I AM A CITY" EDUCATIONAL PROGRAM, designed to introduce Elementary Students to City Government. The program includes a field trip to City Hall, a Video Production and a 17 page work book. All of the information was compiled by PIO. Vice Mayor Oberndorf commended the City staff for their outstanding work. Pamela M. Lingle, Director of Public Information, expressed appreciation and introduced the members of her staff: Linda Stephenson, who conducts the tours formulated the concept and scripting; Joan Brown, was the voice on the tape; Diane Roche, Assistant to the Director, responsible for the 17 page work book; and, Joe Dupuis, Municipal Cable Unit assisted on the script, as well as the editing and the video. PIO also received a Certificate of Merit for the Public Affairs Network Citizen's Awareness Program (a three part campaign). This campaign consisted of a package of Citizen Services, publications, a full color annual report and a video tape annual report. - 13 - Item III-F.l.b. PRESENTATIONS ITEM # 28101 Vice Mayor Oberndorf presented the ENVIRONMENTAL QUALITY ACHIEVEMENT AWARD given at the Banquet of the VIRGINIA MUNICIPAL LEAGUE to: OFFICE OF PUBLIC WORKS Oral Lambert, Director of Public Works and Wade Kyle, Solid Waste Administrator ACCEPTED this Award. This AWARD reflects the City's Solid Waste Management Division and its Yard Debris Trailer Program. This Program serves up to 200 residents per month and provides a valuable service to residents of Virginia Beach. The Citizens dispose of landscaping debris, too bulky for regular collection, in a trailer and its is delivered free-of-charge to their home and picked up the following day. - 14 - Item III-F.2. PRESENTATIONS ITEM # 28102 Mayor Jones presented RESOLUTIONS IN RECOGNITION to: DETECTIVE MICHAEL DERWENT DETECTIVE JAMES McKINNEY (VIRGINIA BFACH CRIME SOLVERS UNIT) Detectives Derwent and McKinney received the Greg MacAleese Founder's Award for 1987 (Coordinator of the Year). The VIRGINIA BFACH CRIME SOLVERS UNIT also received the 1987 Productivity Award for most cases cleared in cities with populations of 250,000 to 500,000 and the 1987 Productivity Award for greatest dollar recovery for stolen property/narcotics. Chief Wall advised that of the charges filed by this unit, 97% of the people are found guilty. Danny Michaels, Chairman of the Board of the VIRGINIA BEACH CRIME SOLVERS expressed appreciation for support. 1 5 Item III-F-3- PROCLAMATIONS ITEM 28103 ADD-ON Mayor Robert G. Jones PROCLAIMED the week of October 5-11, 1987: MARCH OF DIMES WEEK This PROCLAMATION acknowledged the efforts of the March of Dimes in helping to reduce birth defects in children throughout Virginia Beach and the Commonwealth of Virginia. Attorney R. J. Nutter introduced Kristina Hornback, the POSTER CHILD, celebrating her fourth Birthday, who was in attendance to ACCEPT the PROCLAMATION. Helen, Kristinals mother, Brian Winfield, Campaign Director, and Liz Silva, photographer, were also in attendance. 15a riart;am;ati fin WHEREAS, the March of Dimes is a non-profit foundation established to prevent birth defects; and WHEREAS, each year the Tidewater Chapter of the March of Dimes solicit funds from the Virginia Beach business community by asking prominent leader of the community to donate one hour of their time at a makeshift jail to solicit contributions in the form of bail; and WHEREAS, this event annually raises thousands of dollars used to reduc the threat of birth defects in children in Virginia Beach and throughout Virginia; and WHEREAS, this year's Jail and Bail event will take place on October 6 and 7, 1987 at Lynnhaven Mall. NOW, THEREFORE, 1, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim OCTOBI-:R 5 - 11, 1987 as MARCII OF DIMI-;S WEEK in Virginia Beach and acknowledge the efforts of the March of Dimes in helping to reduce bi.rth defects in children throughout Virginia Beach and the Commonwealt@L of Virginia. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virgi-nia Beach, Virginia, to be affixed this twenty-first day of September, ni-neteen hundred and eighty-seven. yc - 16 - Item III-G.l. PUBLIC HEARING PLANNING ITEM # 28104 PLANNING a. PRINCESS ANNE COMMONS I HISTORICAL AND CULTURAL DISTRICT b. BETTY C. GHENT VARIANCE/SUBDIVISION ORDINANCE c. VIRGINIA BEACH PROPERTIES, INC. VARIANCE/SUBDIVISION ORDINANCE d. CAPE HENRY SCHOOL, INC. CONDITIONAL USE PERMIT e. DONALD E. PERRY CUL-DE-SAC CLOSURE - 17 - Item III-G.l.a. PUBLIC HFARING PLANNING ITEM # 28105 The following registered in SUPPORT of the application but WAIVED their right to speak: Richard Browner, 207 81st Street, Phone: 463-6424, represented the applicant B. H. "Pat" Bridges, 713 Tilden Place, Phone: 340-1829, represented Bridges and Associates - Landscape Architects Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City Council ADOPTED an Ordinance upon application of PRINCESS ANNE COMMONS I: ORDINANCE UPON APPLICATION OF PRINCESS ANNE COMMONS I TO ESTABLISH AN HISTORICAL AND CULTURAL DISTRICT Z010871183 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Princess Anne Commons I to establish an Historical and Cultural District on certain property located north of North Landing Road beginning at the northwest intersection of James Madison Boulevard and George Mason Drive. Said parcel contains 40.9 acres. Plats with more detailed information are availabie in the Department of Planning. PRINCESS ANNE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of October 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 - 18 - Item III-G.l.b. PUBLIC HEARING PLANNING ITEM # 28106 Betty C. Ghent, the applicant, advised the application was a residual piece of property at the end of the road remaining from her Father's Will. One-half was left to Mrs. Ghent's brother and one-half to herself. Said property consisted of 2-1/2 acres in each parcel. Betty Ghent advised the Health Department had granted permission for an easement where the septic lines cross over. The Septic Tanks were tested and are in good working condition. The City Manager advised, as per the Director of Public Utilities, if a gravity sewer is available, there is a mandatory connection, but if, in fact, the septic system is in good operation, the City has not required a grinder pump to pump the sewage. The City does not require a mandatory connection. Clarence Warnstaff, Director of Public Utilities, advised the State Health Department must determine the septic tank system is in good operating order, and then the City does not require the installation of a grinder pump. Upon motion by Councilman Moss, seconded by Councilwoman McClanan, City Council APPROVED a Variance to Section 4.4(b) of the Subdivision Ordinance upon application of BETTY C. GHENT. Appeal from Decisions of Administative offices in regard to certain elements of the Subdivision Ordinance, Subdivision for Betty C. Ghent. Property is located at 800-804 Le Cove Drive. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Subject to the approval of the Septic Tank receiving State Health Department Certification. At such time as the Septic Tank would prove faulty, the applicant must connect with the City Sewer System. 2. In the event this property is improved and the existing structures are replaced, connection must be made to the existing City Sewer. - 19 - Item III-G.l.b. PUBLIC HEARING PLANNING ITF14 # 28lo6 (Continued) Voting: 10-0 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 and Nancy K. Parker Council Members Voting Nay: None Council Members Abstaining: John L. Perry* Council Members Absent: None *Councilman Perry ABSTAINED as he did not feel the conditions were fair to the owners of the land. Councilman Perry requested information relative mandatory sewer connections on Jack Frost Lane. - 20 - Item III-G.l.c. PUBLIC HEARING PLANNING ITEM # 28107 Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council APPROVED an application of VIRGINIA BEACH PROPERTIES, INC. for a Variance to Section 4.4(c) of the Subdivision Ordinance. Appeal from Decisions of Administrative Offices in regard to certain elements of the Subdivision Ordinance, Subdivision for Virginia Beach Properties, Inc. Property is located at the southwest corner of Daniel Smith Road and Lawrence Drive. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH Councilman Heischober advised the degree of variance would have to enter into a judgemental decision. The degree of variance was very minor on a corner lot. Vice Mayor Oberndorf advised the authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. The problem involved is not of so general or recurring a nature as to make this particular variance a precedent to agree to any other variances that might occur in the neighborhood. Councilwoman Henley advised the presence of excess right-of-way immediately adjacent to it may offset the possibility of a nonconforming lot. There shall be excess right-of-way from Daniel Smith Road available to be utilized with this property. 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 - 21 - Item III-G.l.d. PUBLIC HF.ARING PLANNING ITEM # 28108 John Herzke, Traffic Engineer, referring to the site plan, advised the front parking lot is for both student and teacher parking. The driveway on the far right is for cars that pick up and drop off children (these consist of parents who are not using the School Bus Service), the center driveway is for the students who drive their vehicles and teachers, and the far left one is where the buses will ingress and egress W. E. Hudgins, Jr., 4536 Bonney Road, Phone: 499-4121, in response to Councilwoman Parker's inquiries, advised by utilizing the concept mentioned by John Herzke, will greatly increase the safety factor of the School's "pick- up" and "drop-off". At the present time, all three activities exit one driveway. The City Clerk referenced a letter dated September 24, 1987, from F. B. Wilhoit, land owner in the immediate vicinity of Cape Henry School in support of same. (Said letter is hereby made a part of the record). Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council ADOPTED an Ordinance upon application of CAPE HENRY SCHOOL, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CAPE HENRY SCHOOL INC. FOR A CONDITIONAL USE PERMIT FOR A PRIVATE SCHOOL (ADDITION) H010871083 BE IT HEREBY OHDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Cape Henry School for a Conditional Use Permit for a private school (addition) at the southeast corner of Woodhouse Road and Mill Dam Road. Said parcel is located at 1320 Mill Dam Road and contains 29.5 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fifth day of October Nineteen Hundred and Eighty-seven. - 22 - Item III-G.l.d. PUBLIC HEARING PLANNING ITEM # 28108 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, 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 Abstaining: Harold Heischober* Council Members Absent: None *In compliance with the new CONFLICT OF INTFREST ORDINANCE, Vice Mayor Oberndorf advised she would be in litigation with Cape Henry Collegiate, as her COUGAR had been smashed by one of their School Buses. "Councilman Heischober ABSTAINED as he was a Member of the Board of Trustees of CAPE HENRY SCHOOL. - 23 - Item III-G.l.e. PUBLIC HEARING PLANNING ITEM # 28109 Attorney R. J. Nutter, 2809 South Lynnhaven Road, Phone: 431-3100, represented the applicant and referenced a letter from William L. Rice, Realtor/Appraiser, to Members of City Council advising the value of the rededicated cul-de-sac and improvements was equal or greater than the value of the cul-de-sac in its present unimproved state, and therefore it would appear no further compensation to the City of Virginia Beach should be required from the applicant. (Said letter is hereby made a part of the record). Attorney Nutter therefore requested Condition No. 1 be WAIVED. The improvements were estimated at approximately $16,000, not including the cost of acquisition and legal and engineering engaged in thus far. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council AUTHORIZED FINAL APPROVAL for an Ordinance upon application of DONALD E. PERRY for the discontinuance, closure and abandonment of a cul-de-sac. Application of Donald E. Perry for the discontinuance, closure and abandonment of a cul- de-sac located at the northern terminus of Baker Road. Said parcel contains 9060 square feet more or less. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. Condition No. 1 shall be WAIVED: 1. Reserve the right of the City for the ultimate disposition for this right-of-way by purchase rather than direct conveyance, subject to determination by the City Attorney's Office. 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 - 23a - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF APPROXIlvIATELY 60 FEET, MORE OR LESS, IN WIDTH, KNOWN AS BAKER ROAD, AT THE NORTHERN TERMINUS OF SAID ROAD IN THE AIRPORT INDUSTRIAL PARK, IN THE BAYSIDE BOROUGH IN THE CITY OF VIRGINIA BEACH, VIRGINIA. WHEREAS, it appearing by Affidavit that proper notice has been given by Donald E. Perry that he would make application to the City Council of the City of Virginia Beach, Virginia, on the 9th day of Alarch, 1987, to have the hereinafter described street discontinued, closed and vacated in accordance with 15.1-364 of the 1950 Code of Virginia, as amended; and WHEREAS, it is the judgment of the City Council that said street be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the City Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated: ALL THAT certain piece or parcel of land, lying, situate and being in the Bayside Borough of ':he City of Virginia Beach, Virginia, and described as: The cul-de-sac at the northern terminus of Baker Road in the Airport Industrial Park as shown on ttlat cer- tain plat entitled "Street Dedication Plat of of Part of Parcel B Subdivision for Samuel G. Jones, Jr. MB 92 p. 5311 dated September 5, 1984 and recorded in the Circuit Court Clerk's Office in Deed Book 2374 at page 1824. It being located on the same property conveyed to -1- - 23b - Donald E. Perry, homme sole, by deed from Douglas Call, Jr. and Edwina V. Call dated December 30, 1986 and recorded in Deed Book 2583 at page 1863. SECTION II A certified copy of this Ordinance shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, indexed in the name of City of Virginia Beach and Donald E. Perry, homme sole, as if a deed to land. SECTION Ill This Ordinance shall be effective sixty (60) days from the date of its passage. RJN/7033.4.C Adopted; FINAL APPROVAL: October 5, 1987 -2- - 24 - Item III-I.l. RFSOLUTION ITEM # 28110 John Perros, 1628 Cutty Sark Road, Phone: 481-1935, represented the Virginia Beach Restaurant Association, advised of their support of the AMENDMENT sponsored by Councilman Fentress. However, he expressed concern relative the requirements of a legal sign. Pat Janezeck, Director of Zoning, advised letters have been forwarded to all property owners advising of the year's time limit on encroaching signs. The Ordinance describing what constitutes a legal sign has been adopted. Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED: Resolution referring an AMENDMENT to Section 944.1 of the Comprehensive Zoning Ordinance pertaining to sign regulations in the B-5 Resort Commercial District to the Planning Commission. The Ordinance to Amend and Reordain Section 944.1 of the Comprehensive Zoning Ordinance pertaining to sign regulations in the B-5 Resort Commercial District shall be EXPEDITED from the Planning Commission to City Council. Councilman Fentress advised this Ordinance eliminates the section relating to graphic or pictorial representations. 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, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent: None -24a - REQUESTED BY: COUNCILMAN ROBER-@ FENTRESS 1 A RESOLUTION REFERRING AN 1 AMENDMENT TO SECTION 944.1 OF THE 2 COMPREHENSIVE ZONING ORDINANCE TO 3 THE PLANNING COMMISSION. 4 5 6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That the attached proposed amendment to Section 944.1 9 of the Comprehensive Zoning Ordinance of the City of Virginia 10 Beach is hereby referred to the Planning Commission for 11 consideration and recommendation. 12 13 Adopted by the Council of the City of Virginia Beach, 14 Virginia, on this 5thday of October 1987. 15 WMM/epm 16 09/29/87 17 CA-02460 18 /Ordin/Proposed/944-l.res - 24b - AN ORDINANCE TO AMEND AND REORDAIN 1 SECTION 944.1 OF THE COMPREHENSIVE 2 ZONING ORDINANCE OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO SIGN REGULATIONS IN 5 THE B-5 RESORT COMMERCIAL DISTRICT 6 7 8 WHEREAS, the B-5 Resort Cornmercial District comprises a 9 substantial and central portion of the City's resort area; and 10 WHEREAS, the resort area is a unique and invaluable 11 asset to the City and to the City's residents as a place offering 12 a variety of recreational activities and as a center of tourism 13 generating substantial revenue to promote the general welfare of 14 the City and its residents; and 15 WHEREAS, the revitalization of the resort area and its 16 continued viability as a center of tourism and recreation will be 17 promoted by enhancing the aesthetic qualities of the resort area; 18 and 19 WHEREAS, the number, s i z e ,design and other 20 characteristics of signs in the B-5 Resort Commercial District 21 have a significant impact upon the attractiveness of the resort 22 area to tourists and residents of the City; 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 24 THE CITY OF VIRGINIA BEACH, VIRGINIA: 25 That Section 944.1 of the Comprehensive Zoning 26 Ordinance of the City of Virginia Beach, Virginia, pertaining to 27 sign regulations, is hereby added to read as follows: 28 29 Section 944.1. Sign regulations. 30 (a) The B-5 Resort Commercial District is hereby 31 declared a special sign district, in which the following 32 regulations shall apply. The provisions of this section shall be 33 in addition to, and not in lieu of, any other ordinance or 34 regulation pertaining to signs, and to the extent that any 35 provision of this section conflicts with any other ordinance or 36 regulation, the provision of this section shall control. - 24c - 37 (b) Within the B-5 Resort Commercial District, no sign 38 shall: 39 (1) Contain any commercial matter other than the name 40 of the establishment and not more than two words 41 designating the type of establishment advertised 42 thereby; 43 (2) Contain, consist of, be illuminated by, or be 44 attached or connected to any moving, flashing, 45 blinking, alternating or pulsating lights or lights 46 changing in intensity, except lights indicating the 47 temperature or time of day in alternating cycles of not 48 less than five seconds; 49 (3) Be permitted to remain in a state of disrepair or 50 deterioration for any period of time longer than is 51 necessary to effect the repair or restoration of such 52 sign. For purposes of this section, the terms 53 "disrepair" and "deterioration" shall include, but not 54 be limited to, the chipping, cracking, peeling or 55 excessive fading of paint or other coloration, and 56 damage to the advertising face or other component of 57 any sign. 58 (c) No sign located on or in any window, or located 59 behind any window in such manner as to attract the attention of 60 persons outside of the establishment, shall have a surface area 61 greater than twenty percent (20%) of the surface area of such 62 window, not to exceed sixteen (16) square feet. 63 tdl--- 64 -1- ded r-however7 65 that--t-he- i-@d - @f-@- @@ed- -by - 66 p-icter ia I be- t-r-pereent 67 68 sqttare-feet7-whichever-is-iessT 69 tet(d) For each forty (40) feet of frontage, and for 70 each eighty (80) feet of lot line adjoining a street but not 71 constituting frontage, not more than one sign and not more than a 2 - 24d - 7 2 total of sixteen (16) square feet of surface area of signage 73 shall be permitted; provided, however, that no establishment 74 shall have more than two (2) signs of which one may be a free- 75 standing sign; and provided further, that no establishment having 76 a frontage of less than one hundred (100) feet shall have a free- 77 standing sign. No free-standing sign shall exceed two (2) faces, 78 neither of which shall exceed thirty-two (32) square feet of 79 surface area, and no sign of any other type shall exceed seventy- 80 five (75) square feet of surface area. Any establishment having 81 less frontage or lot line adjoining a street than is required 82 hereinabove may have one (1) sign not exceeding sixteen (16) 83 square feet of surface area. 84 fft(e) Sign regulations pertaining to multiple-family 85 dwellings shall be the same as those applying in the A-1 86 Apartment District. 87 fg-y(f) Where there is an established neighborhood 88 commercial center containing at least five (5) establishments and 89 at least forty thousand (40,000) square feet of land area, there 90 shall be not more than one (1) center identification sign for 91 each principal entrance. No such sign shall have more than two 92 (2) faces, neither of which shall exceed thirty-two (32) square 93 feet of surface area. Such center identification sign shall 94 contain only the name of the center. 95 fhl(g) Signs advertising property for sale, lease or 96 rent shall be permitted; provided, however, that no such sign 97 shall exceed sixteen (16) square feet in surface area. Not more 98 than two (2) signs shall be permitted for any property having 99 more than one hundred (100) feet of lot line at the street right- 100 of-way, and any property having less than one hundred feet of 101 such lot line shall have no more than one sign not exceeding 102 sixteen (16) feet of surface area. 103 fif(h) Beacon lights or search lights may be permitted 104 for purposes of advertisement of special events for a period not 105 in excess of forty-eight (48) hours. 3 - 24e - 106 f@t(i) To facilitate occupancy in a new neighborhood 107 commercial center containing at least forty thousand (40,000) 108 square feet of land area, there shall be not more than one (1) 109 temporary sign, which shall not exceed thirty-two (32) square 110 feet of surface area. Such sign shall be removed when seventy ill percent (70%) of the property is occupied or leased or after a 112 period of twenty-four (24) months, whichever event first occurs. 113 fkt(j) The provisions of this section shall not apply 114 to hotels and motels within the B-5 Resort Commercial District. 115 Sign regulations pertaining to hotels and motels shall be as 116 apply in the H-2 Resort Hotel District. 117 f+t(k) The provisions of this section shall be deemed 118 to be severable, and if any of the provisions hereof be adjudged 119 to be invalid or unenforceable, the remainder of this section 120 shall remain in full force and effect and its validity shall 121 remain unimpaired. 122 Adopted this day of 1987, by 123 the Council of the City of Virginia Beach, Virginia. 124 WMM/epm 125 09/29/87 126 CA-02460 127 /ordin/Proposed\0944-l.Pro 4 25 - Item III-I.l. ORDINANCES ITE14 # 28111 Councilman Moss advised in discussions with the Legal Staff, it would be permissible to add the School Board to the Ordinance designating certain appointees and employees to file a disclosure statement of their personal interests in accordance with the Conflict of Interests Act. Any Body appointed by the City Council can be included. The School Board accounts for approximatelY 42% of the City's Public Expenditure. Councilman Moss believed there should be discussion relative the objective served by disclosure and the best way to achieve same. Councilwoman Parker requested the City Attorney to send to the Chairman of each of the Boards and Commissions and the Department Heads listed in said Ordinance, the booklet entitled: "STATEMENT OF ECONOMIC INTERESTS" (Commonwealth of Virginia/Secretary of the Commonwealth). Councilman Fentress advised said Ordinance was not being very consistent as all Department Heads were not included. Vice Mayor Oberndorf suggested the City invite the Deputy Attorney General who appeared at the WORKSHOP in Alexandria for the VIRGINIA MUNICIPAL LEAGUE relative the CONFLICT OF INTEREST as he presented same in understandable terms. Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council DEFERRED until the City Council Meeting of October 26, 1987: Ordinance designating certain appointees and employees to file a disclosure statement of their personal interests and other information specified on the form set forth in Section 2.1-639-15 of the Code of Virginia State and Local Government Conflict of Interests Act. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. @IcClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, ITancy K. Parker and John L. Perry Council Members Voting Nay: Robert E. Fentress Council Members Absent: None - 26 - Item III-I.2 ORDINANCES ITEM # 28112 Attorney Glen Thompson, 1425 Goose Landing, Phone: 340-3100, spoke in support of the Ordinance. Robert McFeeters, 4524 Powells Point Road, Phone: 464-2587, offered services when Task Force was formulated to investigate the City's Waterways. Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by repealing Section 6-123 pertaining to windsurfing devices. 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 14embers Absent: None APPROVED AS TO CONTENTS - 26a - SIGNATURE -@IQUESTED BY: COUNCILMAN ROBERT PENTRESS DEPARTMENT APPROVED AS TO LEGAL ORDINANCE TO AMEND AND REORDAIN 2 THE CODE OF THE CITY OF VIRGINIA 3 BEACH, VIRGINIA, BY REPEALING 4 SECTION 6-123 PERTAINING TO 5 WINDSURFING DEVICES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That the Code of the City of Virginia Beach is hereby 10 amended and reordained by repealing Section 6-123: 11 12 13 14 15 f a 1/2 - I t - 16 any-peTI5,511--t@ 17 prope-l-led- --&L-vi7ee- -Pos-iti:on7 18 within-+.h@ 19 20 include--t@ 21 north-cf-the-Lynnhaven-Bridge-and-extending-thr6ugh-the-bynnhaven 22 - heng- 23 24 agenciest 25 f 26 27 28 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia, on the 5th day of October 1987. 31 32 WEB/epm 33 09/29/87 34 CA-02459 35 \ordin\proposed\06-123.pro 36 - 27 - Item III-I.3. ORDINANCES ITEM # 28113 Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council ADOPTED upon SECOND READING: Ordinances to accept and appropriate $10,228,271 from FY 188 for the payment of purchase orders brought forward from YY 187. 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 t John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Items III-I-3 and III-I.4. were voted upon together. 27a - AN ORDINANCE TO APPROPRIATE $10,228,271 FOR FISCAL YEAR 1988 FOR THE PAYMENT OF PURCHASE ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1987 WHEREAS, during the course of business in fiscal year 1987, purchase orders or contracts were issued committing the city 'to purchases of materials, supplies, equipment or services for use by several departments, divisions, or bureaus, and WHERF-AS, these purchase orders or contracts were charged to appropriations previously authorized for the fiscal year ended June 30, 1987 so as to reduce the unencumbered balance of those appropriations, and WHEREAS, on June 30, 1987 there were purcbase orders or contracts totalling $10,228,271 for which materials, supplies, equipment or services had not been delivered or invoiced. NOW, THEREFORE, BE IT ORDAINED BY TIIE COUNCIL 01- THE CITY OF VIRGINIA BF,ACH, that the funds totalling $10,228,271 unexpended and i-epresented by purchase orders outstanding on June 30, 1987 be reappropriated as additions to fiscal 1988 appropriations to the respective departments, divisions, or bureaus of the city so that upon delivery of the materials, supplies, equipment or services, there shall be sufficient funds to make payment. These funds shall b@a appropriated from the following respective fund balances: General $ 5,927,296 School Operating 2,765,558 Water and Sewer 982,535 E-911 Communication System 198,610 Golf Course 119,251 City Garage 111,007 Telecom 42,513 Print Shop 35,543 Pendleton Child Service Center 19,937 Automated Finger Print ID 14,767 Tidewater Virginia ASAP 6,217 Risk Management 4,074 Law Library 810 Marine Science Museum Gift Shop 153 Total Outstanding $10,228,271 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 5 October day of 1987. PUBLIC HEARING: --- September -21,- 1-987 FIRST READING: --- September -21,--1987 SECOND READING: --- OctQber-5,-1987 ----- - 28 - Item III-I-4a/b/c ORDINANCES ITEM # 28114 Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council ADOPTED upon SECOND RFADING: Ordinances to accept and appropriate $19,268,929 for YY 187/88 School Board Grants and Enterprise Funds: Textbook Rental Fund Budget - $1,348,801 School Programs funded by Special Categorical Grants - $8,211,255 School Cafeteria Enterprise Fund Budget - $9,708,873 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 Councilman Moss advised in compliance with the City's NEW CONFLICT OF INTEREST AND DISCLOSURE ORDINANCE, his wife is a School Teacher in the Virginia Beach School System, but said employment does not impair his judgement to evaluate said Ordinance in an impartial manner. Items III-I-3 and III-1-4. were voted upon together. 28a z z 0 o 7 AN ORDINANCE TO APPROPRIATE FUNDS OF $1,348,801 FOR THE FY 1987-88 SCHOOL TEXTBOOK RENTAL FUND BUDGET 0 rz WHERFAS, the Attorney General of Virginia has opined that School Board expenditures of funds generated by the rental of textbooks require an appropriation of the local governing body, and WHERFAS, the Virginia Beach School Board has a textbook rental plan whereby rental income is deposited in a textbook rental fund and purchases of textbooks and other related expenses are paid from this fund, and WHERFAS, the School Board has submitted a Textbook Rental Fund budget for YY 1987-88 in order to comply with the Attorney General's opinion, and WHEREAS, the Textbook Rental budget approved by the School Board included total revenues of $1,348,801 and total disbursements of $1,348,801 for fiscal year 1987-88. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF-ACH, VIRGINIA that funds of $1,348,801 be appropi7iated for a School Textbook Rental Fund budget in the manner approved by the Sc@hool Board. BE IT FURTM ORDAINED that this appropriatic)n be financed by Estimated Revenues of $1,348,801 in the School Textbook Rent:al Fund. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 5 day of October , 1987. FIRST READING: September 21, 1987 October 5, 1987 SECOND READING: PWC WP2/SCHLS117 28b - AN ORDINANCE TO APPROPRIATE FUNDS OF $8,211,255 FOR CITY OF VIRGINIA BF.ACH SCHOOL PROGRAMS FUNDED BY SPECIAL OOL YEAR 1987-@38 CATEGORICAL GRANTS FOR SCH WHEREAS, the Virginia Beach School Board has been notified that it will receive funds of $8,211,255 through special state and federal categorical grants for the school year 1987-88, and WHERF-AS, these funds were not included in the FY 1987-88 School Operating Budget approved by City Council. and WHERF.AS, the School Board approved this funding and requests that City Council appropriate these funds, and WHERF.AS, it is desirable and necessary for the City Council to appropriate these funds prior to the expenditure itself. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF-ACH, VIRGINIA that funds of $8,211,255 be appropriated for school purposes for FY 1987-88. BE IT FURTHER ORDAINED that this appropriation be financed by $311,000 estimated revenue from the Co=nonwealth and $7,900,255 estimated revenue from the Federal Government, and BE IT FURTHER ORDAINED that this appropriation is authorized subject to the expenditures being incurred with no local mat:ch. This ordinance shall be effective from the dzite of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the - 5 day of October , 1987. FIRST READING: September 21, 1987 SECOND READING: October 5, 1987 PWC WP2/SCHLS116 28c AN ORDINANCE TO APPROPRIATE FUNDS O'F $9,708,873 FOR THE FY 1987-88 SCHOOL CAFETERIA ENTERPRISE FUND BUDGET WHERF.AS, the Attorney General of Virginia has opined that School Board expenditures of funds generated by the sale of cafeteria meals require an appropriation of the local governing body, and , the Virginia Beach School Board has a cafeteria meal program whereby meal income is deposited in a cafeteria enterprise fund and purchases of food and other related expenses are paid from this fund, and WHEREAS, the School Board has submitted a Cafeteria Enterprise Fund budget for YY 1987-88 in order to comply with the Attorney General's opinion, and WHERF.AS, the Cafeteria Enterprise Fund budget approved by the School Board included total revenues of $9,708,873 and tota'L disbursements of $9,708,873 for fiscal year 1987-88. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds of $9,708,873 be appropriated for a School Cafeteria Enterprise Fund budget in the manner approved by the School Board. BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues of $9,708,873 in the School Cafeteria Enterprise Fund. This ordinance shall be effective from the diate of its adoption. Adopted by the Council of the City of Virgin:La Beach, Virginia on the 5 day of October . 1987. FIRST READING: September 21, 1987- October 5, 1987 SECOND READING: PWC WP2/SCHLS250 - 29 - Item III-J CONSENT AGENDA TTEM # 28115 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED in ONE NOTION, Items 1, 2, 3, 4, 5, 6 and the ADD-ON Resolutions. 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 Councilman Moss advised in compliance with the City's NEW CONFLICT OF INTEREST AND DISCLOSURE ORDINANCE, his wife is a School Teacher in the Virginia Beach School System, but said employment does not impair his judgement to evaluate said Ordinance (Item III-J.2 of the CONSENT AGENDA) in an impartial manner. - 30 - Item III-J.l.a/b. CONSENT AGENDA ITEM # 28116 ADD-ON Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council ADOPTED RESOLUTIONS IN RECOGNITION to: DETECTIVE MICHAEL DERWENT DETECTIVE JAMES McKINNEY (VIRGINIA BFACH CRIME SOLVERS UNIT) 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 Counci.1 Members Absent: None - 30a - RESOLUTION IN RECOGNITION WHEREAS: The Police Department of the City of Virginia Beach faithfully serves the communlty in the prevention of and protection from crime; and WHEREAS: The Virginia Beach Crime Solvers Unit of the Police Department works closely with the public to provide invaluable investigatlve information regarding criminal activity; and WHEREAS: Such program has in four consecutive years been recognized by Crime Stoppers International and presented the Productivity Award for mort cases cleared in cities of this population category; and WHEREAS: The success of such a valuable program is due to the dedication and commitment of. many fine people, especially those who lead it; Now, therefore, be it resolved that the Virginia Beach City Council, on behalf of the citizens of Virginia Beach, expresses deep gratitude and respect to DETECTIVE MICHAEL DERWENT who was awarded the 1987 Greg MacAleese Founder's Award fcr Coordinator of the Year by Crime Stoppers International. Detective Derwent was instrumental in the establishment of the Crime Solvers program in Virginia Beach in 1982, and has served 13 years with the Virginia Beach Police Department. Given under my hand and seal this fifth day of October, Nineteen Hundred Eighty-Seven Ro-bert G. Jones, Mayor - 30b - RESOLUTION IN RECOGNITION WHEREAS: The Police Department of the City of Virginia Beach faithfully serves the community in the prevention of and protection from crime; and WHEREAS: The Virginia Beach Crime Solvers Unit of the Police Department works closely vith the public to provide invaluable investigative information regardlng criminal activity; and WHEREAS: Such program has in four consecutive years been recognized by Crime Stoppers International and presented the Productivity Avard for most cases cleared in cities of this population category; and WHEREAS: The success of such a valuable program is due to the dedication and commitment of many fine people, especially those who lead it; Now, therefore, be it resolved that the Virginia Beach City Council, on behalf of the citizens of Virginia Beach, expresses deep gratltude Bnd respect to DETECTIVE JAMES McKINNEY vho vaB avarded the 1987 Greg MacAleese Founder's Avard for Coordinator of the Year by Crime Stoppei-a International. Detective McKinney vas instrumental in the esi,.ablishment of the Crime Solvers program in Virginia Beach in 1982 and has served 10 years with the Virginia Beach Police Department. Given under my hand and seal this fifth deiy of October, Nineteen Huncired Eighty-Seven Robert G. Jones, Mayor - 31 - ltem III-J.1 CONSENT AGENDA ITEIM # 28117 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 10-1 of the Code of the City of Virginia Beach, Virginia pertaining to establishment of election districts and voting places. 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 31 a - 0 z,@ f7 8 y 7 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 ESTABLISHMENT OF 5 ELECTION DISTRICTS AND VOTING 6 PLACES. 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 10-1 of the Code of the City of Virginia 11 Beach is hereby amended and reordained to read as follows: 12 13 14 Section 10-1. Establishment of election districts and voting 15 places. 16 17 There are hereby established in the City of Virginia 18 Beach the following election districts and their respective 19 voting places, as set forth below: 20 21 22 23 ELECTION DISTRICT VOTING PLACES 24 25 26 27 Alanton Alanton Elementary School 28 Aragona Adult Learning Center 29 Arrowhead Arrowhead Elementary School 30 Bayside Bayside Elementary School 31 Bellamy Indian Lakes Elementary School 32 Blackwater Blackwater Fire Station 33 Bonney Center for Effective Learning 34 Brandon Brandon Junior High School 35 Cape Henry Research and Enlightenment 36 Building 37 Capps Shop Mosquito Control Building 38 Chesapeake Beach Chesapeake Beach Fire Station 39 College Park College Park Elementary School 40 Courthouse Courthouse Fire Station 41 Creeds Creeds Fire Station 42 Davis Corner Bettie F. Williams Elementary 43 School 44 Fairfield Fairfield Elementary School 45 Great Neck John B. Dey Elementary School 46 Green Run Green Run Elementary School 47 Holland Holland Elementary School 48 Homestead Providence Presbyterian Church 49 Kempsville Point of View Elementary School 50 Kings Grant Kings Grant Elementary School 51 Kingston Kingston Elementary School 52 Lake Christopher New Covenant Presbyterian Church 53 Lake Smith Shelton Park School 54 Larkspur Kempsville meadows Elementary 55 School 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 Stratford Chase ealvary-Assembly-of-God 80 Providence Elementary School 2 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 5th day of October 1987. 102 103 JDB/epm 104 09/28/87 105 CA-02458 106 \ordin\proposed\10-001.pro 107 3 - 32 - Item III-J.2 CONSENT AGENDA ITEM # 28118 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to TRANSFER $323,344 from Capital Projects to close out completed Capital Projects for FY 186/87. 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 Councilman Moss advised in compliance with the City's NEW CONFLICT OF INTEREST AND DISCLOSURE ORDINANCE, his wife is a School Teacher in the Virginia Beach School System, but said employment does not impair his judgement to evaluate said Ordinance (Item III-J.2 of the CONSENT AGENDA) in an impartial manner. -32a AN ORDINANCE To nzANSFER APPROPRIATIONS BETWEEN CAPITAL PROJECTS TO CIDSE-OUT COMPLETED CAPITAL PROJECTS FOR FISGAL YEAR 1986 - 1987 WHEREAS, various capital projects have been completed and it is necessary to close-out tbe financial records of these capital projects for FY 1986-1987, and WHEREAS, some completed projects have excess and some insufficient appropriations, and WHEREAS, the close-out requires appropriations and expenditures be equal for each completed project. NOW, THEREFORE, BE IT ORDAINED BY THE COLJNCIL OF THE CITY OF VIRGINIA BF-ACH that appropriations be transferred between capital projects as enumerated below to allow the close-out of completed capital projects. PROJECT CLASS/PROJECT: AMOUNT School Projects Transfer From: 1-971 Independence Junior High Tennis Courts 19,839 Transfer To: -1-954 Center for Effective Learning 19,839 NET TRANSFER 0 Engineering and Highway Projects Transfer From: 2-027 London Bridge Creek Drainage - 17,161 2-828 Independence Boulevard/Ferrell Parkway Intersection - 172,853 Transfer To: *2-401 Newtown Road + 64,546 *2-705 Bonney Road + 43,162 *2-827 Wayside Bridge + 10,233 *2-900 Providence Road-Phase IV + 72,073 NET TRANSFER 0 Buildings Tran,pfer From: *3-933 Landfill #2-Expansion 33,553 Transfer To: 3-940 Refuse Transfer Station + 33,553 NET TRANSFER 0 Parks and Recreation Projects Transfer From: 4-807 Great Neck Meadows Park 25,413 Transfer To: *4-919 Birchwood, Malibu, Carolanne Farms + 25,413 NET TRANSFER 0 Water and Sewer Projects Transfer From: 5-834 Mill Dam Road - 18,959 5-838 Lake Smith - 35,566 Transfer To: -2-947 Mill Dam Street/Water/Sewer + 54,525 NET TRANSFER 0 -Active Projects This ordinance shall be in effect from the date of its adoption. Adopted by tbe Council of the City of Virginia Beach, Virginia on the 5th day of Oct-,h@r 1 1987. CITY OF VIRGINIA BEACH, VIRGINIA LIST OF COMPLETED CAPITAL PROJECTS TO BE CIDSED-OUT JUNE 30, 1987 Total School Projects: Expenditures 1-911 Shelton Park Elementary Renovation $ 353,002.58 1-915 Princess Anne Junior High Tennis Courts 203,859.16 1-917 Birdneck Elementary 7,797,699.00 1-932 School Plant Maintenance 68,000.00 1-952 Rosemont Forest Elementary 4,920,000.00 1-956 Red Mill Farm Elementary Site Acquisition 250,000.00 1-971 Independence Junior High Tennis Courts 55,160.78 TOTAL $ 13,647,721.52 Engineering and Highway Projects 2-015 Seatack Site Development $ 39,023.35 2-026 Diedging-Rudee Inlet Entrance 837,000.11 2-027 London Bridge Creek Drainage 112,838.72 2-047 Sandbridge Bikeway 175,245.36 2-060 Sbore Drive In Site Drainage 50,803.00 2-501 Ferrell Parkway-Phase IIIA 72,387.00 2-813 Newlight Street 2,159.87 2-828 Independence Boulevard/Ferrell Parkway Intersection 130,600.00 2-904 Doyletown Street 5,081.31 2-908 North Lynnhaven Road 30,775.52 2-924 Cape Story/Henry Shore Drainage 1,450.00 2-942 Beechwood Streets 29,424.00 TOTAL $ 1,486,788.24 Building Projects 3-617 Rose Hall Site Improvements $ 1,021,735.66 3-928 Virginia Museum of Marine Science 6,274,342.66 3-931 Parks and Recreation Office Renovation 251,709.94 3-940 Refuse Transfer Station 1,133,553.36 3-961 Municipal Center Master Plan 17i,870.00 3-966 TCC Site Improvements-Phase II1 150,000.00 TOTAL $ 9,003,211.62 Parks and Recreation 4-802 Woodstock Park $ 953,928.50 4-807 Great Neck Meadows Park 21,732.88 4-810 Linkhorn Cove Park 106,146.00 4-915 Lynnhaven Park Racquetball 220,679.99 TOTAL $ 1,302,487.37 Water and Sewer Projects 5-834 Mill Dam Road $ 207,199.67 5-838 Lake Smith 137,433.71 6-830 Lynnhaven Acres 175,132.00 6-931 Sandbridge-Phase I 244,192.00 6-961 Bellwood Estates 138,387.50 6-966 Shore Drive-In Condo 63,500.00 6-967 Lago Mar Section 6 24,277.00 TOTAL $ 990,121.88 TOTAL ALL PROJECTS $ 26,430,330.63 CITY OF VIRGINIA BFACH, VIRGINIA PROJECTS TO RECEIVE EXCESS APPROPRIATIONS FROM CAPITAL PROJECT CLOSE-OUT FOR FISCAL YEAR 1986-1987 Project/Explanation Amount 1-954 Center for Effective Learning $ 19,839 - For revision in site plan to alleviate drainage problem 2-401 Newtown Road 64,546 - For city's share share of additional costs and utility relocations 2-705 Bonney Road 43,162 - For additional utility relocation costs 2-827 Wayside Bridge 10,233 - For city's share of additional costs due to increase in state contract 2-900 Providence Road-Phase IV 72,073 - For city's sbare of additional costs due to increase in state contract 2-947 Mill Dam Streets/Water/Sewer 54,525 - For additional construction costs. Community Development Project. 3-940 Refuse Transfer Station 33,553 - For additional equipment costs. Completed project. 4-919 Birchwood, Malibu, Carolanne Farms 25,413 - For additional site work and construction costs TOTAL 344 - 33 - Item III-J.3. CONSENT AGENDA ITEM # 28119 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED: Low Bid to McKenzie Construction Corporation in the amount of $1,106,300 for Boardwalk revitalization and Oceanfront connector parks projects. 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 - 34 - Item III-J.4. CONSENT AGENDA ITEM # 28120 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED: Low Bid to A&W Contractors, Inc. in the amount of $127,196.70 for water service to residents of Kempsville Colony currently served by wells, without City water service, and who have obtained 51% participation for requesting City water service. 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 - 35 - Item III-J.5 CONSENT AGENDA ITEM # 28121 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED: RAF'FLE PERMITS: Pembroke United Church of Christ Kiwanis Club of Lynnhaven 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 - 36 - Item III-J.6. CONSENT AGENDA ITF14 # 28122 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED: Ordinance Authorizing Tax Refunds in the amount of $2,373-91 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 - 36a - FORM NO. C.A. 7 9/10/87 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- Date Penalty lnt. Total Year of Tax Number tion No. Paid Clark & Stant P C 86 RE(6mo) 112105-5 411811-16 211.90 Clark & Stant P C 86 RE(2/2) 68565-1 4/18/36 40.00 Arthur M & Margaret Luken 87 RE(1/2) 62020-2 6/25/87,@ 52.38 Justin Investments 87 RE(1/2) 53384-1 6/30/87 29.20 First Union Mortgage 86 RE(1/2) 95474-4 12/5/85 40.07 First Union Mortgage 86 RE(2/2) 95474-4 5/16/86 40.07 Harold L & Suzy Johnson 87 RE(2/2) 51826-1 8/25/87 24.12 Thomas W & Doris Hopkins 87 RE(2/2) 47852-6 8/28/87 24.67 Contel Credit Cor.0 Leasing 87 pp 35081-3 62707 6/5/87 609.03 Providence Square Auto Parts 86 pp 219539-1 62379 12/5/86 521.88 Harry T Hickson 87 pp 78936-0 62553 5/27/87 302.10 Milton L Josephine Miles 87 pp 117056-0 61690 5/12/87 52.44 Rubin Hamilton & Karesh 87 pp 147066-5 62387 6/5/87 401.05 Kathryn Lewis N/A Pkng 157088 7/13/87 10.00 Lia Jimenez N/A Pkng 162371 7/30/87 15.00 Total 2,373.91 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Ce were approved by the Council of the City of Virginia Beach on the t@ day of ctober, j987 Jo Approved as t@orm: Ruth Hodges Smith City Clerk rney - 37 - Item III-K.l. UNFINISHED BUSINESS ITEM # 28123 ADD-ON Councilwoman Henley referenced the article in THE BFACON on October 4, 1987, concerning TRAVEL EXPENSES. The amounts reiterated were somewhat misleading as the amount bore no explanation. Councilwoman Henley advised the amount was too low. Councilwoman Henley's room and travel expense were not reflected as she shared facilities; therefore, the expenses incurred by her are actually attributed to other Council Members. At the VIRGINIA MUNICIPAL LEAGUE Conference in Alexandria, Councilwoman Henley shared a room with Vice Mayor Oberndorf. The funds were all in the Vice Mayor's account as she stayed longer than Councilwoman Henley. Council Members attending the VIRGINIA MUNICIPAL LKAGUE Legislative Conference in Richmond and the NATIONAL LEAGUE CITIES in Washington all rode together in Councilwoman Parker's van; therefore, the travel expenses for those two trips were most probably reflected in Councilwoman Parker's account. Part of the Parking would be reflected in Councilman Fentress's account as he paid for this expenditure. Counclwoman Henley requested a method be devised by the City Finance Department assure all expenses are attibuted to the proper individual. - 38 - Item III-K.2. UNFINISHED BUSINESS ITEM # 28124 ADD-ON Councilman Moss distibuted the amended version of CHAPTER 16. DEPARTMENT OF EDUCATION to City Council Members which will accompany Resolution providing for a Referendum on the question of whether the General Assembly should be requested to AMEND the Charter of the City of Virginia Beach to provide for the direct election of the School Board and to grant the School Board limited taxing authority. The proposal eliminates the limitation on taxing authority; however, the School Board is limited to real estate as their source of income in terms of locality and their access to 5% of the overall revenues of the City from other sources has been eliminated. Councilwoman Henley requested the City Clerk to prepare a Verbatim relative City Council's discussion on the ADOPTION of the Resolution at the City Council Meeting of August 24, 1987. Mayor Jones and Councilwoman McClanan mentioned the critical discussion was held during EXECUTIVE SFSSION. This item will be SCHEDULED for the the City Council Meeting of October 12, 1987. Councilman Moss will return with his initial proposal. - 39 - Item III-L.1 NEW BUSINESS ITEM # 28125 Attorney Charles Salle', 192 Ballard Court, Phone; 490-3000, represented the applicant and advised the reason for request for reconsideration is the size of the building. Previously a 10,000 square foot building was requested. Now 11,730 square feet is required. Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City Council SCHEDULED RECONSIDERATION for the City Council Meeting of October 26, 1987, of an ORDINANCE upon application of VIRGINIA BEACH S.P.C.A., a Virginia Non-Stock Corporation, for a Conditonal Use Permit: ORDINANCE UPON APPLICATION OF THE VIRGINIA BEACH S.P.C.A., A VIRGINIA NON-STOCK CORPORATION, FOR A CONDITIONAL USE PERMIT FOR AN ANIMAL HOSPITAL POUND, SHELTER AND KENNEL R012861002 Ordinance upon application of Virginia Beach S.P.C.A., a Virginia Non-Stock Corporation for a Conditonal Use Permit for an animal hospital, pound, shelter and kennel on certain property located on the east side of Holland Road, 650 feet south of Landstown Road. Said parcel contains 2.5 acres. Plats with more detailed information are avialable in the Department of Planning. PRINCESS ANNE BOROUGH. This Oridnance was ADOPTED by City Council on December 22, 1986. 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 - 40 - Item III-L.2 NEW BUSINESS ITEM # 28126 Michael Barrett, representing the TWENTY-FIFTH ANNIVERSARY COMMITTEE, acknowledged the presence of various members of tthe Committee: Giles Dodd, Bruce Damm, Jim Dobbins, Jim Ricketts and Helen Crist. Michael Barrett advised the entire BUDGET would entail approximately $215,000. The TWENTY-FIRST ANNIVERSARY COMMITTEE is requesting $150,000. The Balance would be raised from private sources which is estimated to be $65,000. Between $70,000 and $80,000 would be expended on the OPENING CELEBRATION DINNER at The Pavilion highlighting THE CITY'S 25th BIRTHDAY, possibly commencing on January 8, 1988. Councilwoman McClanan suggested utilizing a TWENTY-FIFTH ANNIVERSARY CELEBRATION booklet in which advertising could be sold, thus raising considerable funds. Councilman Moss requested a fiscal staff impact statement from City Staff concerning where the additional $125,000 funds can be derived and the items which would have to be eliminated in the City's Operating Budget. Councilwoman Parker requested a copy of the TWENTY-FIFTH ANNIVERSARY COMMITTEE BUDGET. Councilwoman McClanan requested more details concerning the OPENING CELEBRATION DINNER, as same could be refined with a more specific cost figure. More citizens should be involved in this Dinner. Councilwoman McClanan also requested the costs involved in the CHESAPEAKE JUBILEE. Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council SCHEDULED an appropriation Ordinance in the amount of $150,000 (TWENTY-FIFTH ANNIVERSARY COMMITTEE) for the City Council Agenda of October 12, 1987. Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, Nancy K. Parker and John L. Perry Council Members Voting Nay: Barbara M. Henley, John D. Moss and Vice Mayor Meyera E. Oberndorf Council Members Absent: None - 41 - Item III-L-3- UNFINISHED BUSINESS ITEM # 28127 ADD-ON Vice Mayor Oberndorf ANNOUNCED BY CONSENSUS, City Council agreed to sponsor COURTHOUSE ELEMENTARY SCHOOL in the "ADOPT-A-SCHOOL" PROGRAM. Vice Mayor Oberndorf advised the ADOPT-A-SCHOOL PROGRAM is a joint effort between the Chamber of Commerce, the Public School Systems and Virginia Beach City Council. The suggestion was made to sponsor COURTHOUSE ELEMENTARY SCHOOL. Vice Mayor Oberndorf had advised through the "ADOPT-A-SCHOOL" PROGRAM, local businesses, industries and organizations bring support in many forms to a district's schools from volunteer tutors and speakers to educational equipment and internships, from mentors and advisors to special projects and awards' assemblies. Vice Mayor Oberndorf had distributed a packet in the INFORMAL SESSION summarizing this Program and containing an A+ Pin. - 42 - Item III-L.4. UNFINISHED BUSINESS ITEM # 28128 ADD-ON Councilman Perry referenced an Ordinance upon application of WAYNE BFAGLE for a Change of Zoning District Classification from R-6 to A-2. Said Ordinance had been DENIED by City Council on September 21, 1987. Councilman Perry advised he had received a letter from Mrs. O'Connor who is in the hospital in Florida, as well as two 'phone calls from her son requesting RECONSIDERATION of the application of WAYNE BFAGLE. She wishes only to sell her property. Councilman Perry will deliberate with Attorney Cromwell, and the individuals involved and bring letters to City Council reflecting their desires for a lesser or different zoning category. BY CONSENSUS, City Council SCHEDULED for the City Council Agenda of October 12, 1987) the decision to or not to RECONSIDER an Ordinance upon application of WAYNE BEAGLE for a Change of Zoning District Classification from R-6 to A-2. ORDINANCE UPON APPLICATION OF WAYNE BEAGLE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO A-2 Ordinance upon application of Wayne Beagle for a Change of Zoning District Classification from R-6 Residential District to A-2 Apartment District on certain property located on the west side of Pleasure House Road, 75 feet south of Machen Avenue. Said parcel contains 1.38 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. - 43 - Item III-M.l. ADJOURNMENT ITEM # 28129 Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED the Meeting at 5:25 P.M- Chief Deputy City Clerk -,Auth Hodgd's Smith, CMC City Clerk City of Virginia Beach Virginia