HomeMy WebLinkAboutOCTOBER 12, 1987 MINUTES
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"WORLD'S LARGEST RESORT CITY"
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VIRGINIA BEACH CITY COUNCIL
AGENDA
OCTOBER 12, 1987
ITIM I. CrrY 'S BRIEFIW.S - omfererice Rom - 10:30 AM
A. BEST PRALTICES
FE. ]Louis Cullipher, Departinent of @iculture
W. Jack Vhitney, Departinent of Planning
B. INDIAN RIVER WAD PEPORT
Mr. lbriald Trueblood, City lhgineer
C. PMORTIZAT'ION OF SIGNS
Mr. Willico Yacali, Assistant City Pttorney
ITIM II. SESSION - Oonfererx3e 12: NOC)N
A. CITY IL
ITEM III. INFO@ SESSION - Oc)nfererice 12:30 PM
A. CRLL TO CRDER - Maycr Rcbert G. Jones
B. ROLL CAILL CP COUNCTT,
C. TO SESSION
ITEM IV. FO@ SESSION - @il 2:00 ipm
A. INVOCATION: Reverend J. Soz)ttie Griffin, DD
First Presbyterian Church
B. PLEDGE CF ALLDDGIANCE TO THE @G CF UE UNITED STARES CF @CA
C. ELER-TRONIC ROLL CALL OF CITY COUKUIL
D. ADOPRION CF ITE14S FOR 'IUE FO@ AGENDA
E.
1. INFO@ & FO@ SESSIUZ - October 5, 1987
F. PUBLIC
1. INC@ WATER RATE
(Vhter Purchased @cin the City of NDrfx)lk)
G. PIIRTTC HEARIM
1.
a. Application of tar Iube aenter of Hilltop for a
(brrlitional Use Pemit for an autancbile repair facilly
(Quicklube) on property located on the East side of First
Cblonial lbad beginning at a point 143.09 feet North of Laskin
lbad, containing 11,860 square feet (Lymhaven Borough).
Pec ation: AP
b. Ppplication of Nancy W. Weller for a Cbn-litional Use Perrnit for
a hotel/motel on property located 400 feet @st of Lymhaven
Park.ay beginning at a point 480 feet mcre or less NDrth of
Ncrth Mall Drive, containing 2.13 acres (Lymhaven Borough).
rec ation: APPRUVAL
c. Ppplication of Exxon Cbrporation for a Cbnditional Use Permit
for an autand:)ile service station with car wash and convenience
food store on property located at the BDutheast corner of
Virginia Beach lbulevard and lbrth Lirdneck lbad, containing
1.0852 acres (Lyrinhaven Borough).
Reccmmendation: AP
d. Applications of Great Neck niterpriwm:
Chmge of Zonincj fran R-5 Residential District tc) B-2
Ccnummity-Business District cn property locatp-d 950 feet mcr-e
cr less lbrtheast of tbrth Great @ck lbad beginning at a pdint
820 feet mcre or less SDuth of Mill Dm lbad, containing 5, 833
square feet mcre or less (Lynnhaven Bc>rough),
AND,
Cb@itional Use Permit for mini-warehouses md bulk storage on
property located on the @st side of NDrth Great @ck road,
648.89 feet North of First Colonial lbad (Lynnhaven Borough).
Pec ation:
H. ORD
1. crdinance declaring certain PROP= involving the sale of
Oceana Transfer Station tc) Southeastem Public Servim Authority of
V@ux3.a (SPSA,) and authorizing the aty Manager to dispose of
s@.
2. Crdinance to T ER flnds in the amolnt of $511,411 fran various
ompleted capital projects to SDutheastem Expre@y (Project
#2-089) f3or the advanced acquisition of Fbtter property-Oceana
Bouievazd.
3. Ordinance to TRANSFER an additional $125,000 frcrn Peserve for
Cbntingerr-ies to @-und the City's Fiftil Anniversary
aelebration.
4. Crdinance to TRANSFER funds in the anou-it of $38,649 fran within
the Juvenile Prcbation FY 1987-1988 @ating Budget ($34,58B) ani
fraa Peserve for oDntingery--ies ($4,061) for the acqui-sition of a
vertical filing s@.
5. Crdi-liance ucon FIRST READIM to AC)CEPR and APPROPRIATE $1,473,0()0
to the Department of Public Utilities for an @ease in the rate
of vater purchased fran the City of hbrfolk.
6. Ordinance upon FI@ READIM to AOCEPT and APPRDPRIATE $30,000 frcrn
the sale of property in @e lbsemont Ebr@ area to the
Forest Area Park site (Project #4-946).
7. Crdixiaice to authorize a tempc)rary enC t into a portion of
the right-of@y of 39th Street to ooeanview Virginia Beach Peal.
@te Associates its assigns and s@ces@rs in title.
AGENM
All matters listed @er the (bnsent ALgenda are considered in the
ordinary course of busimss by City ODurr-il ard will be enacted by om
moti.on in the fx)rm listed. If an it@ is rerncved frcm the CDnsent
Pgerda, it will be discussed and voted upc)n separately.
1. Crdinance authori@ the CLty Manager to execute an agreement with
V-V-a H-@ Dev Authority (VHDA,) fc)r U@
Prewxvation and Infill @tments with a reservati-on of
$2-Million for mcrtgage finaricing and purchase of single fanily
dwelling Lriits.
2. Crainance to @FER funds in the anount of $85,387 within the
tY DiverBijOn I ve Program to meet the progran needs.
3. Ordinance to TRANSFER fuids in the anount of $500 frcm the General
Fund's @serve fcr ODntingercies to the Police Chief's Division for
re sement of legal s incurred by City @oyees in the
perfolmance of thp-ir dLTties.
4. Crdinance to authori@ a temporary t into a portion of
CitY Property known as man-ukide canal to Ime Creek to DaLvid G.
Bermett, Sr. and Joan E. Bemett, their heirs, assigns
successors in title.
5. low bid to Vico @ration in the anomt of
$70,190.75 for rew and impraved vater service ard fire protection
to the residents of 'Whitehurst landing @, White Ar-re
Westlord Drive and Jack
6. BMO/ TS:
Filipino 'Abmen's Club of Tid@ter, Inc. Bingo/@ffle
(burt Stella Maris Raf fle
7. Crdinmce autborizing tax refunds in the anou-it of $466.16.
J. UNFINISHED BUSINESS
1. Direct ELection of VIFGINIA BFACH BOARD
Propc)sal A
Proposal B
K. NEW BUS
1. @ST FIOR IDERATION of the application of Wayne Beagle f]Dr
a Charige of Zz)ning fran R-6 Residential District to A-2 ApartTLent
District on proper-ty located on the %bst side of PleasLxe Ebuse
@ad, 75 feet SoLith of Machen Avenue, containing 1.38 acres
(]3ayside Bomugh) .
APPROXED by City Cbmcil on Septernber 21, 1987
L. ADLT
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 12, 1987
The CITY MANAGER'S BRIEFINGS relative BFST MANAGEMENT PRACTICES, INDIAN RIVER
ROAD REPORT and AMORTIZATION OF SIGNS to the VIRGINIA BEACH CITY COUNCIL was
called to order by Mayor Robert G. Jones in the Conference Room, City Hall
Building, on Monday, October 12, 1987 at 10:30 A. M.
Council Members Present:
John A. Baum, Albert W. Balko, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
Harold Heischober (ENTERED: 11:39 A.M.)
John L. Perry (ENTERED: 11:50 A.M.)
*Councilman Perry was filing a Police Report, as his car had been vandalized.
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C I T Y M A N A G E R IS B R I E F I N G
BEST MANAGEMENT PRACTICES
10:30 A.M.
ITEM # 28130
The City Manager introduced Jack Whitney, Chief of Comprehensive Planning, who
has been appointed ENVIRONMENTAL QUALITY CO-ORDinTOR. Jack Whitney advised
conditions associated with Conditional Use Permits and Zoning Changes will
contain language and often a condition related to the imposition of BEST
MANAGEMENT PRACTICES. These BMP's are being proferred by new developments in
an attempt to manage stormwater more effectively. The BMP's sometimes conflict
with the standard practices the City has utilized for managing Storm Water in
the past and calls upon both the City Council and the administrative staff,
primarily the City Engineers office, to develop new standards and criteria for
when a BMP may be more apropriate or less appropriate than a current practice
usually associated i.e., curb and gutter versus grass swales.
Jack Whitney distributed a synopsis of BFST MANAGEMENT PRACTICES for
preliminary information. (Said information is hereby made a part of the
record.) BMP's have been in existance since 1972. This was followed in 1977
by the Clean Water Act which emphasized the use of BMP's for the control of
non-point source pollution. Point source pollution is comparitively easy with
which to deal. All that is necessary is managing the water quality coming out
of a pipe. This could be accomplished with a variety of means. Non-point
pollution are those sources of runoff which do not enter receiving waterways
from a defined point of entry, such as outfall pipe. The addressing of water
quality running off of land is far more difficult than that which comes out of
a pipe. Virginia Beach is almost exclusively non-point pollution. BMP's are an
array of techniques that the City may utilize to address non-point source
pollution.
Jack Whitney outlined the six different categories of BMP'S:
(1) URBAN
(2) AGRICULTRUAL
(3) FORESTRY
(4) BMPIS ASSOCIATED WITH SURFACE MINING
(5) BMPIS ASSOCIATED WITH ACTIVITIES AFFECTING GROUNDWATER.
(6) BMPIS ASSOCIATED WITH HYDROLOGIC CHANGES
Normally, the City is addressing URBAN BMP'S. There are approximately 190
practices identified within the context of URBAN BMPIS, they are both
structural and non-structural. The BMP's vary considerably in effectiveness
based upon certain physical characterics. In Virginia Beach with flat
topography and the existing soils, the list of Management Practices in the
Structural Column are drastically reduced. Many non-structural BMP's have been
implemented; i.e., the Comprehensive Plan. On the structural side, are those
BMP's recommended through the rezoning and Conditional Use Permit process. The
Storm Water Mangement Ordinance tries to institutionlize BEST MANAGEMENT
PRACTICES, Urban and Structural, in new developments of certain types.
The Changes between the BACK BAY WATERSHED and THE LYNNHAVEN WATERSHED are
fairly dramatic. Many of the BMP's which work with the Lynnhaven would not
work very well with the BACK BAY WATERSHED.
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C I T Y M A N A G E R 'S B R I E F I N G
BEST MANAGEMENT PRACTICES
ITEM # 28130 (Continued)
Urban NonPoint Pollution control can be subdivided into at least three (3)
Categories:
1. Source Controls: These Nonstructural BMP's Control
Nonpoint Pollution at the Source by Reducing the
accumulation of Pollution loads on the Land
Surface; thereby controlling pollution before it
washes off the land. Examples are land use controls
which reduce development density and vacuum
sweeping of streets and parking lots.
2. Detention Controls: These Structural BMP's Achieve
Removal of Suspended Pollutants through
sedimentation Processes. There are two types of
Detention Basin BMP'S: "Dry" Basins and "Wetil
Basins.
3. Volume Controls: These Structural BMP's Divert
Stormwater runoff into the soil profile where
pollutant removal can occur as a result of natural
"Treatment" processes such as filtration,
absorption, and oxidation by soil microorganisms.
Examples inlcude: Seepage Basins, Infiltration
Trenches, Dry Wells, Porous Pavement and Grassed
Swales.
Six items which affect the appropriateness of a particular Management Practice
and its ultimate effectiveness:
(1) Soils
(2) Slopes
(3) Density
(4) Local Custom
(5) Proper Installation
(6) Ongoing Maintenance
As these aforementioned items will change from site to site, there is no one
practice or list of practices that would be appropriate to be required in all
cases. Same must be examined on a case-by-ease basis and in combination with
other sites as they develop on a Watershed or Subwatershed basis. The City's
strategy for requiring and accepting proffered BMP's should be performed in
conjunction with the overall Comprehensive Stormwater Mangement Plan, currently
being prepared by CAMP, DRESSER & McKEE. The BMP's required during individual
site plan should be consistent with the Watershed and Subwatershed strategies
recommended by CAMP, DRESSER & McKEE for at least 25 WATERSHEDS within the
City. The BMP suggested for the Redwing Lake Study was Flood Plain Protection.
If the Stormwater Mangement Ordinance is ADOPTED by City Council then that will
need to be administered in a manner consistent with both the COMPREHENSIVE PLAN
and the CAMP, DRESSER & McKEE STORMWATER MANAGEMENT PLAN.
There is a relationship between URBAN BMP's and AGRICULTURAL BMP's when
agricultural land transitions into Urban Use. Louis Cullipher, Director of
Agricuture, presented slides illustrating this particular facet.
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C I T Y M A N A G E R IS B R I E F I N G
BEST MANAGEMENT PRACTICES
ITF14 # 28130 (Continued)
Louis Cullipher further referenced and illustrated by the use of slides the
various URBAN nonpoint source pollution controls, "WET DETENTION RESERVOIRS",
"STRAW BALE BARRIERS", INFILTRATION TRENCHES, (Water level should be two to
four feet below the bottom of Infiltation Trenches, which may be two to ten
feet deep). GRASS SWALES and the environmental benefits and problems
associated therewith, POROUS PAVEMEUT, INFILTRATION POND, TEMPORARY SEDIMENT
TRAP, RIP RAP and DIKE (all are designed following sound engineering principals
to accomodate a ten-year storm)
Jack Whitney advised the 1% grade requirement of the City allows the lot be
tilted towards the Street and the side lot lines and rear lot lines not serve
the swale.
Louis Cullipher further illustrated the AGRICNTURAL BMP'S. This is a non-
regulatory type program which has been in existance for approximately fifty-
years. The end product, of course, is water quality. Agriculturally well
drained soils consist of 10-15% (Pungo Ridge and Charity Neck Ridge). The other
80 % of soils consist of a natural season high water table approximately 1-foot
from the surface. Thus, the reason for many ditches in the rural area. Erosion
is one factor considered. Erosion phosphorous is tied chemically to run-off.
Herbicides are being used less frequently because of "pest management
practice". So many insects are required to reach the economic threshold.
Leaving crop residue on the surface can be beneficial. Drainage and Water
Quality needs to be TARGETED. This is accomplished by attacking groundwater.
Research has indiciated the optimum level of water for corn is 30" to 36". The
marshes are benficial from an evnvironmental standpoint. Animal Wastes can be
recycled through the plant soil system. We have taken regular soil and water
conservation practices that have been in place for fifty years and have changed
the name to BMP'S. It is a non-regulatory program.
Donald Trueblood, City Engineer, advised because of the topography one of the
most important BMP's has been required for years. These are retention ponds.
This may be a built-in maintenance problem for the City someday in the future,
but retention ponds are one of the BEST MANAGEMENT PRACTICES available.
The Consultant will provide City Council with a BRIEFING two or three weeks
prior to certain applications which are within the affected areas of the CAMP,
DRESSER, McKEE Studv.
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CITY MANAGER'S BRIEFINGS
INDIAN RIVER ROAD REPORT
11:37 A.M.
ITEM # 28131
The City Manager introduced Donald Trueblood, City Engineer, who presented a
CHRONOLOGY OF EVENTS relative Indian River Road.
The MASTER STREET AND HIGHWAY PLAN was first APPROVED by City Council in 1971
and over the years has undergone many alterations. At the time, the MSHP was
APPROVED in 1971 and until August 1986, Indian River Road, between Ferrell
Parkway and Indian Lakes Boulevard, showed as a standard City street. It had a
30-foot right-of-way and as various developments occured, the City required
additional right-of-way. Between 1971 and 1986, Lake Christopher and Indian
Lakes Apartments were APPROVED and by August of 1986, the developer had
constructed the right-of-way improvements consisting of a ten-foot dedication
for his development. In early August 1986, Indian River Condos, now known as
Cobblestone Trace, was submitted and reviewed specifying a ten-foot right-of-
way. Shortly thereafter, the City Council APPROVED an Amendment to the MASTER
STREET AND HIGHWAY on August 25, 1986, which designated Indian River Road as a
four-lane divided with a bikeway which required a 96-foot right-of-way which
then indicated a new requirement of 33 feet instead of ten. The developer of
Indian River Condos was informed of the amendment. The developer with his
consultant appealed that decision through the Staff. In view of the previous
APPROVALS, the City Staff approved their installing the right-of-way
improvements based on a 10-foot dedication and not a 33-foot dedication. As of
today, there are four (4) buildings which will be impacted by the increased
right-of-way. Four in the apartment complex and one in the condo complex.
Donald Trueblood depicted these affected areas outlined in red on the map.
Until late August 1986, Indian River Road was a 50-foot right-of-way.
The City Manager assured City Council if the City Staff was aware of any road
being examined as an amendment to the MASTER STREET AND HIGHWAY PLAN, all
planning items pending affected by said amendment will be inventoried and City
Council will be so informed.
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CITY MANAGER'S BRIEFINGS
AMORTIZATION OF SIGNS
11:52 A.M.
ITEM # 28132
The City Manager and City Attorney introduced William Macali, Assistant City
Attorney, who distributed a REPORT OF AMORTIZATION OF NON-CONFORMING SIGNS AND
BILLBOARDS. (Said report is hereby made a part of the record)
The study examines the historical reasons for the development of amortization
as a technique for the elimination of nonconforming uses and structures and its
theoretical groundings as a means of allowing owners of nonconformities to
recoup their investments without being compensated monetarily.
William Macali defined amortization as a legal requirement that non-conforming
structures or uses of any kind terminate after a certain given period of time.
The concept developed earlier in the Century basically gave recognition of the
fact that any other way of dealing with non-conforming use would be ineffective
coupled with the recognition that non-conformities were detrimental to the
scheme of development as the Country became more and more urbanized.
Amoritization is generally accepted throughout the United States. Virginia,
however, since 1962 is one of the States that does not. To insure amortization
provisions are upheld by the Courts, is to insure that the period of
amortization, periods within which a non-conforming must be terminated or must
conform, are of sufficient time to allow the owner of a non-conforming
infrastructure to recoup his investment. Obviously, the periods will be
different for the various kinds of uses.
The only locality the City Staff is aware that has enacted valied amortization
provisions is Falls Church. Falls Church has a charter provision which
antedates the 1962 Virginia Code amendment, but was left intact. The Town of
Ashland and County of Henrico also have enacted amortization provisions
recently. Because those provisions specify periods of eight years and twelve
years, however, they have not yet been challenged in the courts and are
unlikely to be upheld when challenged.
It is very evident that under present Virginia Law, amortization provisions
would not be upheld by the Court in the face of direct legal challenge. The
only real alternative is if City Council were to consider enacting some
amortization provision would be to request a charter amendment. Included in
William Macali's study is a proposed charter amendment and three proposed
ordinances. Two of the Ordinances concern amortization of nonconforming signs
and billboards, and a third pertains to amendments to Section 215 of the CZO,
which would be enacted under present law and which would have the effect of
eliminating such signs and billboards located along streets which are widened.
Councilwoman Parker had initated this request for a REPORT ON AMORTIZATION OF
NON-CONFORMING SIGNS AND BILLBOARDS.
After the original sign ordinance had been initiated, Councilwoman Parker had
wondered the length of time a sign could be allowed to be grandfathered and to
be non-conforming. How would same compare to the overall development of the
City?
Councilwoman Parker requested this item be ADDED to the Legislative Package.
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C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 28133
Mayor Jones inquired whether City Council had any inquiries relative the
CONSENT AGENDA.
ITEM # 28134
Mayor Jones referenced the Scheduling of BUDGET WORKSHOPS.
BY CONSENSUS, City Council SCHEDULFD a presentation of the CITY's FY'88-89
OPERATING BUDGET TRENDS AND ISSUES for the City Council Meeting of October 19,
1987, at 10:00 A.M. in the Conference Room. The City Staff will respond to
further direction by City Council.
Councilman Moss referenced his letter of September Fourteenth to City Council
regarding his suggestions for the City Council's Fiscal Policy for the FY'88-89
OPERATING BUDGET. Councilwoman McClanan complimented Counclman Moss but advised
she was not in agreement with all portions of said letter. Councilwoman
McClanan requested discussion of same.
There will NOT be A WORKSHOP on October 14, 1987, from 10:00 A.M. to 12:00
NOON.
ITEM # 28135
Mayor Jones referenced the date of October 16, 1987 for Congressman Pickett's
Breakfast conflicted with other engagements. Congressman Pickett's office
proposed substitute dates of Friday, October 30, 1987, or Friday, November 6,
1987.
BY CONSENSUS, City Council SCHEDULED Congressman Pickett's Breakfast for
Friday, October 30, 1987, to be held at the PAVILION TOWER at 7:30 A.M.
ITEM # 28136
Mayor Jones advised the PUBLIC INFORMATION OFFICE has requested SCHEDULING the
dates for the CITY COUNCIL REPORTS:
Councilman Baum and Heischober DECLINED to participate.
November 4, 1987 Henley/Fentress
December 9, 1987 Henley/McClanan
February 3, 1988 Moss/Perry
March 9, 1988 Fentress/McClanan
April 6, 1988 Balko/Parker
May 4, 1988 Moss/Perry
June 8, 1988 Bal-ko/Parker
- 8 -
C 0 N C E R N S 0 F T H E M A Y 0 R
(Continued)
ITEM # 28137
BY CONSENSUS, City Council APPOINTED Vice Mayor Meyera Oberndorf as the VOTING
DELEGATE for the NATIONAL LFAGUE OF CITIFS Meeting in Las Vegas on December
Tenth.
The VOTING ALTERNATE shall be whoever is in attendance at the aforementioned
meeting.
ITEM # 28138
Mayor Jones advised the CITY SEAL COASTERS he had placed by each City Council
Member may be presented as mementoes. Supplies can be replenished in the
Mayor's Office and given to individuals when City Council Members are attending
various functions.
ITEM # 28139
Mayor Jones advised the COMPREHENSIVE ZONING ORDINANCE will be available in
published form on October Fourteenth or Fifteenth. The Mayor, Vice Mayor, City
Manager and Director of Planning will then discuss and prepare suggestions for
City Council relative same.
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C 0 N C E R N S 0 F T R E V I C E M A Y 0 R
ITEM # 28140
Vice Mayor Oberndorf distributed a letter and petition from the residents of
Thalia Manor concerning the death of Meri-Spencer Broocks. (Said letter and
petition is hereby made a part of the record.) This petition requested the
City's posting in prominent places the speed limit signs in addition to
"Children At Play".
It also requested the reduction of the neighborhood speed limit from 25 mph to
15 mph on Rundel Lane.
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C I T Y C 0 U N 0 I L C 0 N C E R N S
ITEM # 28141
Councilwoman McClanan referenced an Ordinance to authorize a temporary
encroachment into a portion of City property known as man-made canal to Long
Creek to David G. Bennett, Sr. and Joan E. Bennett, their heirs, assigns and
successors in title. (See Item III-I.4 of the CONSENT AGENDA).
Counclwoman McClanan inquired if the adjacent properties had been notified
relative said encroachment. The City Manager will advise.
ITEM # 28142
Councilman Balko referenced an Ordinance to TRANSFER funds in the amount of
$85,387 within the Community Diversion Incentive Program to meet the program
needs. (See Item III-I.2 of the CONSENT AGENDA).
In response to Councilman Balkols inquiry, the City Manager advised the program
is 100 percent funded by the Department of Corrections and requires no local
expenditure of funds. This is a State Program. The decision to Transfer the
funds is entirely the City Council's, not the decision of the Sheriff.
ITEM # 28143
Councilman Balko inquired relative HOV LANES and advised it was his desire to
have these HOV LANES dispensed with for two years until an alternate solution
is devised. Councilman Balko requested this be an item on the Legislative
Agenda.
Councilwoman Parker advised the State was not backing down, an entire system is
to be installed and the City must try same. This is a federal requirement.
ITEM # 28144
Councilman Balko referenced an Oridnance to TRANSFER funds in the amount of
$511,411 from various completed capital projects to Southeastern Expressway
(#2-089) for the advanced acquisition of Potter Property-Oceana Boulevard. The
City Council should continue actions of this nature. With the escalating land
prices even if the City purchases property they will not need in the future,
there will be no problem in selling same.
ITEM # 28145
Councilman Perry referenced his visit to the City Jail and witnessed 11
prisoners sleeping on the floor (mostly work-release prisoners). Councilman
Perry requested, since the land is available, the City Staff investigate
installing portables to prevent same from occuring.
Mayor Jones cited an example of an individual arrested twice for a DRIVING
UNDER THE INFLUENCE is categorized as a habitual offender and requires a
penalty of one year minimum in the City jail.
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C I T Y C 0 U N C I L C 0 N C E R N S
(Continued)
TTEM # 28146
Councilman Perry referenced a petition from the residents of Lake Smith in
OPPOSITION to the construction underway in the 5300 Block off Bayside Road. A
1909 plat was also presented to Councilman Perry by the residents. This was the
first recorded plat of Lake Smith. Councilman Perry also has one from
Gracetown. (Said petition is hereby made a part of the record).
Councilman Perry advised one of the aforementioned houses under construction is
occupying 55% of the area while the other is occupying 49%.
Councilman Heishchober advised the discussion was relative R-8 non-conforming
lots. On the non-conforming lots, the Planning Department advised the 40% lot
coverage and the setbacks do not apply. The Staff attempts to approve the
building permit and site plan within reasonable judgment. Councilman
Heischober has requested the Planning Department present an explanation to City
Council relative this matter. The Planning Department informed Councilman
Heischober relative a non-conforming lot, a building permit can not be DENIFD
under the City's exisiting Code. There are no rules and regulations that apply
specifically to a non-conforming lot.
The City Manager will review these matters with Councilman Perry.
ITEM # 28147
Councilman Perry refenced Knotts Island and his shock at the number of
outhouses. Because of only an acre of land, they cannot install a septic tank.
To install a septic tank same must be three acres.
Councilmen Baum and Perry also mentioned Land Management required a ditch be
installed around the land.
ITEM # 28148
Councilman Moss acknowledged a letter form the City Manager dated Ocober 6,
1987, regarding administrative regulations for TRAINING CONFERENCES. Councilman
Moss complimented the City Manager and his staff for an excellent effort.
ITF14 # 28149
Councilman Perry referenced a plat dated 1963 by Gallop surveyors. The plat is
upside down and the street is spelled wrong; therefore, the individual cannot
sell his land.
ITEM # 28150
Councilman Moss further referenced a letter of September 24, 1987 from Robert
Scott to Aubrey Watts related to the zero lot lines - Guidelines for
Administrating Change. Councilman Moss quoted Paragraph 2: "Those properties
where it can clearly be shown by the property owner that significant expense or
effort has been put forth prior to September 14, 1987, toward development of
the property using reduced side yard setbacks, are grandfathered and the
platting of the property using reduced side yard setbacks may proceed."
Councilman Moss requested further information regarding the properties which
would fall within this category and the criteria for "significant expense and
effort".
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ITEM # 28151
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,
October 12, 1987, at 12:50 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
- 13 -
ITEM # 28152
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 Heischober, seconded by Councilman Perry, 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
- 14 -
F OR MA L S E S S ION
VIRGINIA BEACH CITY COUNCIL
October 12, 1987
2:15 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
12, 1987, at 2:15 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 J. Scottie Griffin, DD
First Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITFD STATES OF AMERICA
- 1 5 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item IV-D.1 ITEM # 28153
Councilman Moss requested an Item be ADDED under NEW BUSINESS.
Item TV-D.2 ITEM # 28154
Councilman Balko requested an item to be ADDED under NEW BUSINESS.
Councilman Balko referenced an Ordinance upon application of MICHAEL S. MALBON
for a Conditional Use Permit for a day care center which had been DENIED by
City Council on September 21, 1987.
Item IV-D-3 ITEM # 28155
The City Clerk referenced a correction to the AGENDA under NEW BUSINESS. City
Council DENIED, not APPROVED the application of WAYNE BEAGI;E for a Change of
Zoning on September 21, 1987.
Item IV-D-4 ITEM # 28156
The City Manager referenced an Ordinance to authorize a temporary encroachment
into a portion of City property known as man-made canal to Long Creek to David
G. Bennett, Sr. and Joan E. Bennett, their heirs, assigns and successors in
title. (See Item III-I-4 under the CONSENT AGENDA).
As the adjacent property owners had not been NOTIFIED, the City Manager
requested City Council DEFER until the property owners had been contacted.
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.
- 16 -
Item IV-E.1
MINUTES ITEM # 28099
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of October 5,
1987.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, 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
Item III-F.l.
- 17 -
Item IV-F.1
PUBLIC HEARING ITEM # 28158
The Mayor DECLARED A PUBLIC HEARING:
INCREASED WATER RATE
(Water Purchased from the City of Norfolk)
There being no speakers, the Mayor CLOSED THE PUBLIC HEARING.
1 8
Item III-G.l.
PUBLIC HKARING
PLANNING ITEM # 28159
PLANNING
a. TIDEWATER LUBE CENTER OF HILLTOP CONDITIONAL USE PERMIT
b. NANCY W. WELLER CONDITIONAL USE PERMIT
c. EXXON CORPORATION CONDITIONAL USE PERMIT
d. GREAT NECK ENTERPRISES CHANGE OF ZONING &
CONDITIONAL USE PERMIT
- 19 -
Item IV-G.l.a.
PUBLIC HEARING
PLANNING ITEM # 28160
Mac Ferguson, represented Tidewater Lube Centers of Tidewater, 145 Alanton
Drive, Phone: 481-1502, advised City Council the applicant will have waste oil
pans as well as as drip pans underneath the catwalks. There are no floor
drains in the floor. Mac Ferguson further advised of underground storage
tanks.
Robert Engesser, registered to speak but did not speak relative the
application.
Upon motion by Councilman Balko seconded by Councilman Heischober, City Council
ADOPTED an Ordinnace upon application of TIDEWATER LUBE CENTER OF HILLTOP:
ORDINANCE UPON APPLICATION OF TIDEWATER LUBE CENTER
OF HILLTOP FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE REPAIR FACILTIY (QUICKLUBE) R010871084
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Tidewater Lube Center
of Hilltop for a Conditional Use Permit for an
automobile repair facility (Qucklube) on certain
property located on the east side of First Colonial
Road beginning at a point 143-09 feet north of
Laskin Road. Said parcel contains 11,860 square
feet. Plats with more detailed information are
avialable 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 Twelfth
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