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Home My WebLink AboutAUGUST 10, 1987 MINUTES @f NTit-@i@ica "WORLD'S LARGEST RESORT CITY" ROBERT G. ION@L, .1 MEYE@ E D@E@W-, -171 -R, 281 CITY HALL BUILDING IIIOMIS I .-@-E- 1,1, MUNICIPAL CENTER VIRGINIA REACH, VIRGRNIA 23456-902 [8041427-4303 VIRGINIA BEACH CITY COUNCIL AGENDA AUGUST 10, 1987 ITIN I. CITY @'S BRIMM - Oonference Rocrn - 11:00 AM A. Juvenile Cburt ITIM ii. CC=IL CONFERENM SESSICN - CC)nfererr-e 12:00 PM A. CrrY COUNCIL ITEM III. @@ SESSION - Cbnference Fi= - 12:30 PM A. WL TO ORDER - Mayor Rcber-t G. Jories B. ROLL CUL OF COUNCIL C. @ TO EXBCUTJEVE - -@ION ITEM IV. FO@ SESSION - Cbuncil Chamber - 2:00 Pt4 A. IWOCATION: Rever@ Willicrn H. Perry Upper Ibcm Church On 'Ihe @ck Churr-h of God In Christ B. PLEDGE CF ALLE)GIANCE TD THE FLAG CE @ UNITED STATES OF AMERICA C. MMTFONIC @ CRLL OF CITY COUTEIL D. ADOPRION CF ITEMS FOR THE FO@ ACENDA E. 1. INFO@ & FO@ SESSIONS - August 3, 1987 F. PUBLIC 1. BY CONSENT a. Ppplication of ter Health Care, Incorporated for a Change of Zc)ning frcm R-4 Pesidential District to 0-1 office District on proper-ty located on the so side of Old Donation Parkvay, 1528.93 feet east of First Cblonial Foad, containing 38.6 acres (Lymhaven Borough). Rec@ndation: AP b. Tpplication of Jmes R. & Melody J. Priest for a Cbnditional Use Pemit for a hcme occupation (beauty shop) on Lot 7, Indian Riv Estates, located at 1009 Mineola Drive, adntaining 9975 square feet (Kempsville lbrough). Recorrmendation: APP@ c. Application of W. J. Moore, Jr. for a odnditional Use Permit for a single fanily dwelling in the AG-1 Pgricultural District on property located 600 feet northeast of Iniian River lbad beginning at a pc)int 2370 feet more or less rx)rth@st of Winston Avenue, odntaining 39.62 acres (Princess Borough). P,ecomniendation: AP d. Application of Hof f]Ler Devel y fc)r a Cbnditional Use Permit for two (2) satellite dishes on the south side of Gr wich lbad, 550 feet mare or less @st of Business Park Drive, located at 5555 Greenwich lbad, containing 4.167 acres (Bayside Borough). Pec@ndation: AP@ e. Crdinance for the discontinuance, closure and abando@nt of a portion of Harnpshire @y beginning at the eastern boundary of Harnpshire lane and extending in a southeasterly direction to the @stern bc)undary of kbwtown FDad, cc)ntaining 4530 square feet, in the petition of Baker Newtom Associates (Bayside Borough) . Pec@ndation: 2 a. IDERATION of the application of Turrier and Associates for a Cbnditional Use Pemit for a day care center (Children's World located at the southeast corner of Diamnd SpriMs Ebad and Virginia @ch Cburt, designated as Lot 13, Section 6, Wbsleyan Pines, amtaining 1.247 acres (Bayside Borough). Approved by City ODmcil June 8, 1987, and Reconsideration authorized by City (burr-il July 6, 1987. b. Application of Mitchell L. & T-inda S. Dunbar for a (bnditional Use Permit for autcmddile repair on I.Ots 33 thru 40, Block 60, IL Place, located at 4856 Clevel@ Street, cr)ntaining 21,780 square feet (Bayside Borough). Re@rdation: APP c. Ppplication of George for a Oz)nditional. Use t :br a bulk storage yard on proper-ty located on the east side of Davis Street, 535.60 feet north of Virginia Beach Boulevard, cc)ntai.ning 24,002 square feet (Bayside B=ugh). Pec ation: d. Ppplication of @T Associates, A Virginia General Partnership, for a Change of Zoning fran R-8 @sidential District to I-2 Heavy Iridustrial District on the south side of nney lbad, 1500 feet mcre or less east of Kenley lbad, located at 4883 Bonney lbad, containing 1.065 acres (Kernpsville Borough) . Rec ation: e. Ppplications of Dove n ation for Chmges of Zoning: Fran AG-1 Agricultural District to R-5 Re@dential District on property located 600 feet north of @ @ck fbad beginning at a point 3050 feet mcre or less east of General Booth Boulevard, containing 129.79 acres (Princess Pnn(- Borough); AND, Ftan AG-2 Agricultural District to R-5 Residential District cn F-rcperty located on the ndrth side of Dam @ck @ad beginning at a point 3170 feet mcre or less east of General Booth Boulevard, containing 66.8 acres (Princess Anne Bor@h). City Cbumil APPF4DVED the change to R-5 Pesidential ]District on those areas located abcve the five-foot contour line. City (buncil DEFERRED on July 13, 1987, those areas below the five-foot (mntour line. Recmm@ation: D@ f. Crdinance for the disr-ontinuance, closure md abandorrnent of a pcrti.on of Brian Avenue beginning at the northern boundary of Virginia Beach Boulevard and rlrming in a northerly direction to the southern bc)undary of Broad Street, parcel is 60 feet in width, contai-ning 16,828 square feet mcre or less, in the petition of Richard C. Flentress (Bayside Borough). Reccme@ation: DENIAL g. Application of the City of Virginia E3each to AMEM the Street and Highvay Plan regard@ the General Corridcr Cbncept Plan Yap Element and other elements: 1. Add Euclid Fbad fran Cleveland Street to I@ependerr-e Bc)ulevard as a 4-Lane Undividea najor collector. 2. Add Dorsett Aven@ frcrn Cleveland Street to Virginia Beach Boulevard as a 4-Lane Undivided major collector. 3. Change Indian River @ad frorn Ferrell Parkvay to Indian Lakes Boulevard fran a 4-Lam Divided with y ma3 or arterial to 4-Lam undivided major collectc)r- 4. Add the Hilltop loop as a 4-lem Undivided major collector as follow's: A. Village Drive fran Las),dn Poad to Donna Boulevard. B. Doma Boulevard fran First Colonial FDad to Laskin lbad. C. Hilltop Loop (currently Bc)nney Palace) frcrn Laskin PDad to First Colonial road. 5. hdd 19th Street frcrn Birdneck PDad to Baltic Avenue as a 4 Lane Undivided major collector. DEFERRED by City Cbuncil on Jun(, 15, 1987 &-id July 13, 1987 Reocnuendation: APP G. CRD 1. ordinance upon FIPST @IM authorizing the issuance of Recreaticnal Faci-lities of the City of Virginia Beach, Virginia, in the @imm @t of $32,850,000 subject to the apprcval of the qualified voters, 1987 @ferendm. 2. erdinance upon FIRST FEWING to accept and appropriate $165,000 fr,cm the U.S. Department of [busing an-d Urban Developnent for P--ntal ilitation. 3. Crainance upc>n FIRST READING to accept an entitlement grant frcrn the U.S. Department of lbusing and Urban Develo@t and to appropriate approximately $2,160,000 for the Virginia Beach ity Develo@t's Thirteenth Program Year. 4. Crdinance to authorize the City Manager to execute an agree!rnent with the Virgima Beach ty Dev Ccrporation to provide services to facilitate the overall revitalization of low and moderate inocme neigbbcrhoods, to encourage private inves@t for target areas and involve the ity in the revitalization. 5. Authorization for the City Manager to enter into an "@re@t for Disposal of Ash and Residue" with Sc)utheastern Public Service Authority of Virginia (SPSA,) on City owried property at Tardstowa. 6. erdinance upc)n FIRST FMING to appropriate $2,766,250 to Project #2-075 lbsemont Foad-Phase IV to fund the City's share of costs for .unprovEments to adjacent road%uys and facilities in oonnection with the Refuse Transfer Statim. 7. Crdinaice to transfer FY 86-.87 iations within various depar@ts to match appropriations ana expenditures. B. ordinance designating certain appointees and emplcyees to file a disclosure sta@t of their personal interests ana other info@tion specified on the form set forth in Section 2.1-639.15 of the Code of Virginia Local Gcve@t ict of Interests Act. H. All rmtters listed uaer the ODnsent Aigenda are considered in the ordinary course of busiriess by City ODurr-il and will be enacted by one motion in the form listed. If an item is remcived frcm the (bnaent Aigenda, it will be discussed and voted upon separately. 1. Resolution requesting the Virginia Departrnent of Ttansportation to include in the design and construction iinprovements for High Vehicle (H.O.V.) lanes along Interstate 64 fran the Ncrfolk-Virginia Beach Express@y (lbute 44)/Interstate 264 interchange to the Interstate 564 interchange. 2. Ordinance to AMEM and RBORCAIN Section 21-273 of the Code of the City of Virginia Beach, Virginia, pertaining to suspended/revoked IAcense. 3. Ordi-nmce upc)n @IX to accept and appropriate $3,090 in acUitional State aid funds into the Library Departmmtls FY 87-8B @ating Budget. 4. Ordinance to transfer $1,200,000 to Project #6-925 Atlantic AvenLie linprov@ts to allow acceleration of the cx)nstruction schedule in connection with the Atlantic Avenue ation Project. 5. ordinance to transfer $456,250 to Project #2-600 Vizginia Beach Bmlevard-Phase II frcm Project #2-936 Ferrell Par@ IB. 6. Ordiname to transfer $100,000 frcm various sources to replace the water and systems at the Parks md Pecreation office @lex. 7. Raffle Penikits: Plaza Pecreation @ue Seton Ebuse 8. ordinance aulhorizing license refunds in the anount of $8,708.79. I. UNFINISHED BUSINESS J. NEW BUSINESS 1. Fstablishuent of Public Hearings for Bond PeferendLim: Juveni-le F,-i I ity. 2. Charter Anendment: Section 2.02, additional powers to allow the establishuent by ordin@e of reasonable regulations and standards to proh-ibit the unneceb@ r@al of trees. (Cbuncil Reba S. @Clanan) K. AW M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 10, 1987 The CITY MANAGER'S BRIEFING, relative JUVENILE COURT, of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, August 10, 1987, at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Councilman John D. Moss (ENTERED: 11:30 A.M.) - 2 - C I T Y M A N A G E R IS B R I E F I N G JUVENILE COURT Item # 27790 The City Manager introduced David Grochmal, Director of General Services, who distributed a document relative the JUVENILE COURT PROJECT and the JUDICIAL CENTER PROJECT. (Said documentation is hereby made a part of the record). Barry Moss and Steve Loomis, Associates with WILLIAMS, TAZEWELL AND COOKE, ARCHITECTS, assisted David Grochmal in his response to City Council. BACKGROUND CIP Juvenile Court Project 1982-83 $220,000 Study of expansion needs of the District Courts and their support services and preliminary plans for a building addition based on results of the study. 1983-84 $5,300,000 Construction of a 48,600 square foot, two- story building for Juvenile Court and Juvenile Probation. Renovate existing building for General District Court. 1984-85 $5,671,000 Construction of an 80,000 square foot three-story building (with third floor shelled in) for Juvenile Court and Juvenile Probation Renovate existing building for General District Court. 1985-86 $7,082,000 Construction of an 80,000 square foot, three-story building for Juvenile Court and Juvenile Probation. Renovate existing building for General District Court. 1986-87 $ 498,195 Design of an 80,000 square foot, three-story building for Juvenile Court and Juvenile Probation and renovation design for existing building. After the 1982-83 CIP, the City entered into a Contract with DILLS, ANSCOY AND DUFF for the design of the project. Of the total contract amount $297,241, the amount PAID TO DATE is $215,821. The Plans have been completed but not site adapted for west end of the Municipal Center. Prior to the completion of the MITNICIPAL CENTER MASTER PLAN, the need was identified through the Consultant: Waller, Todd and Sadler, to create a separate Courts facility at the western end of the complex. Therefore in 1985- 1986, the CIP included proposal for the Lease/Back Financing of a 153,000 square foot Judicial Center. After the plan was included, the following CIP used an updated building size of 186,000 square feet. Funds were only requested for the feasiblity Study; however, in July 1987, the City Council appropriated $120,000 to proceed with a schematic design for a full building including all three (3) courts. - 3 - C I T Y M A N A G E R IS B R I E F I N G JUVENILE COURT ITFM # 27790 (Continued) David Grochmal reiterated the JUDICIAL CENTER SAVINGS with JUVENILE DOMESTIC RELATIONS ADDED: A. Can be built in phases with the Juvenile and Domestic Relations Court wing done first. However, the rest of the building should follow immediately so that Juvenile and Domestic Relations Court will not be remote from other courts for an extended time. B. Difference in space requirements. Plans for the Juvenile Court Building were designed prior to the development of office space standards. The original building design was not developed utilizing a court specialist and therefore is not as efficient in design as the program developed for the Juvenile Court by Walter Sobel & Associates, consultants on the Judicial Center Project. Total building area as presently designed (Dills) 85,670 sq. ft. Less non J & DR programs Law Library: 1,380 Social Services 748 3rd Floor Shell Space 24,353 26,481 Original J & DR Program: 59,189 sq- ft. Revised - J & DR Program within Judicial Center (Coke) 48,329 sq. ft. Space Savings 10,860 sq. ft. Major Savings 1. Large courtroom 3,332 square feet which is ceremonial and can be reduced to 1,200 square feet to handle 80-100 people. Ceremonial activities would then be held in the large courtroom in the Judicial Center. 2. The original sallyport/prisoner holding area is too large, the revised program reduced it from 3,791 square feet to 1,340 square feet. Other savings are in the judges' chambers and support offices which would be smaller in the Judicial Center using more restricted standards recommended by the Municipal Center Master Plan. Also, smaller hallways and public spaces are used in the Judicial Center Plan. Construction Cost Original program 59,189 sq. ft. @ $85-00 per sq. ft. $ 5,031,065 Revised program 48,329 sq. ft- @ $85-00 per sq. ft. 4,107,965 Cost Savings by including Juvenile program $ 923,100 within the Judicial Center Architectural fees paid to Dan Dills for original plans 215,821 Net Savings: $ 707,279 - 4 - C I T Y M A N A G E R IS B R I E F I N G JUVENILE COURT ITEM # 27790 (Continued) David Grochmal advised City Council, the TOTAL COST of the JUDICIAL CENTER with the Juvenile and Domestic Relations Building would be approximately $30- MILLION. It would entail approximately a $.0218 increase in real estate tax to fund the entire JUDICIAL GENTER. Mayor Robert Jones advised in discussion with Senator Canada, the Senator reiterated Fairfax had proposed utilizing User Fees to the State Legislators and was DENIED almost iremediately. Mayor Jones suggested conceiving of this JUDICIAL CENTER in two phases with the J & DR being proposed with the REFERENDUM funding and with the hope of returning to the Legislature for the second Phase of the Judicial Genter coming out of the increased user fees, which would be generated by the Courts utilizing them. If the City was not successful with the user fees, at least there would be a smaller problem next year, assuming the REFEREDUM passed. Mayor Jones further advised the Legislature is reluctant to have different court fees i-'l different jurisdictions. Councilman Moss advised he would prefer to pay for the cost of the Building out of the growth in Revenues vs REFERENDU-M, as the Contract cannot be awarded before July 1, 1988. Gerald Friedman, Chief Judge at Juvenile Court, advised Juvenile Court wished to be part of the Judicial Complex; however, by building a separate structure for Juvenile Court which could later be attached to the other structure in the future would be a way of alleviating their problem and that of the Domestic Relations Court. - 5 - ITEM # 27791 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, August 10, 1987, at 12:00 NOON. 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 - 6 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 27792 Councilman Perry referenced the adult housing complex situated on Haygood Road and Ferry Plantation Road across from Haygood Methodist Church. On Saturday an elderly lady waited 15 minutes to attempt to cross the street. Councilman Perry blocked the street with his vehicle to enable her to cross. Councilman Perry requested a "WALK", "NO-WALK" signal be installed to enable safe passage. The City Manager advised the City Traffic Department would investigate same. ITEM # 27793 Councilman Perry also referenced the Ordinance to authorize the City Manager to execute an agreement with the Virginia Beach Community Development Corporation to provide services to facilitate the overall revitalization of low and moderate income neighborhoods, to encourage private investment for TARGET areas and involve the community in the revitalization. (See Item IV-G-4 of ORDINANCES). Councilman Perry believed the VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION should be removed from the auspices of the Community Development and Housing Authority. Councilman Perry believed said Corporation should be directly responsible to City Council. VBCDC should not have to utilize the Community Development and Housing Architectural plans. ITEM # 27794 Councilman Balko gave the City a "B" rating on their grass cutting this year and hoped same would continue. Last year same was a total failure. ITEM # 27795 With reference to a citizen complaint, Councilman Baum requested the Staff determine how close individuals's trees should be to the property line and what would occur if they are over the line. With further reference to the lady's complaints, Vice Mayor Oberndorf advised that in said neighborhoods when fences are not allowed, and neighbors grate on each others nerves, they are planting shrubs that will grow to a very great girth and height. Thus, this citizen has requested shrubs and trees be addressed in the fence ordinance. Councilman Baum requested a written response from the City Manager and City Attorney relative same. ITEM # 27796 Councilman Fentress referenced the Ordinance authorizing the City Manager to execute permits and agreements with oceanfront landowners at Sandbridge Beach in an attempt to have Sandbridge Beach declared by the Corps of Engineers as a disposal site for the deepening and dredging of the Norfolk Harbor and Channels, the Baltimore Harbor Project, and other Federal Navigation Projects. This Ordinance was ADOPTED by City Council on August 3, 1987. Councilman Fentress wondered whether there had been any consideration of the mortgage companies opinions. Assistant City Attorney David Hay advised he did not believe the companies would be concerned. If the sand replenishment program does come to fruition, the values of the property would be higher. The Mayor further inquired as to how the Staff was communicating the actions of the City Council to the Ocean Front residents of Sandbridge, so they will be aware of the ORDINANCE ADOPTED. They City Manager advised a Meeting would be SCHEDULED with the Sandbridge Leadership and a presentation would also given at a Sandbridge Civic League Meeting this month. - 7 - C I T Y C 0 U N 0 I L C 0 N C E R N S ITEM # 27797 Councilman Perry again referenced the cleaning out of the ditches behind Aberdeen Barn, the Econo Lodge, McDonalds, and Pizza Hut on Northhampton Boulevard. When it rains and the rain comes off of these establishments it drains right into the back ditch and the back ditch is cut down on the other side of the adjacent homes. One man has lost a whole fence. Councilman Perry requested the City pipe this ditch. The City Manager advised he would investigate and inquire as to whether this situation is to be corrected with the widening of Northampton Boulevard. ITEM # 27798 Councilwoman Parker referenced the AT-LARGE Members on the Planning Commission. Councilman Fentress advised the listing on the TALENT BANK has the boroughs next to each prospective member. This was instilled so in the future the City Council could determine more equal distribution of these AT-LARGE individuals. ITEM # 27799 Councilwoman Parker again referenced the advertising of the BOARDS AND COMMISSIONS vacancies in the newspaper. Councilwoman Parker inquired as to whether City Council would consider same. The City Clerk advised a survey relative this had been conducted 5-years ago. Several cities, Newport News, Hampton and Richmond, did not believe same proved fruitful. Newport News does advertise relative PLANNING COMMISSION and SCHOOL BOARD vacancies and Charlottesville advertises all vacancies. Virginia Beach does advertise appointments to the SCHOOL BOARD. The City Clerk further advised last year she wrote a personal letter to every member of the TALENT BANK and has not heard from two-thirds of the members even after a second letter and a telephone call. Councilwoman McClanan believed a statement should be incorporated on the CONFIDENTIAL RESUME form stating: "This is no longer on file after a certain period of time. Unless you reapply your name will be removed." This would make our records easier to handle. Vice Mayor Oberndorf advised one the advantages of advertising said positions would remind many individuals who had completed CONFIDENTIAL RESUMES of the vacancy of a position on said Board, so they might inform the Council Member they are still interested and have a RESUME on file and would like to compete with the other candidates. Councilman Fentress believed 3-years would be sufficient to hold the CONFIDENTIAL RESUME forms. The Committee reviewing the BOARDS and COMMISSIONS, composed of Councilman Ileischober and Councilwoman McClanan will report to City Council relative advertising of BOARDS and COMMISSIONS and date to terminate maintaining the particular individual's RESUME form on file. ITEM # 27800 Councilman Parker distributed a LAND USE AND TRAFFIC ANALYSIS of the First Colonial Road Corridor relative the application of Tidewater Health Care, Incorporated for a Change of Zoning from R-4 Residential District to 0-1 Office District on property located on the south side of Old Donation Parkway, 1528.93 feet east of First Colonial Road, containing 38.6 acres (Lynnhaven Borough). (See Item IV-F.l.a. of the PLANNING BY CONSENT AGENDA). Said LAND USE AND TRAFFIC ANALYSIS is hereby made a part of the record. - 8 - ITEM # 27801 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, August 10, 1987 at 12:30 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 - 9 - ITEM # 27802 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. Specific items of business on the City Council Agenda that were discussed in Executive Session: IV-G-5 and 8 Upon motion by Councilman Moss, seconded by Councilman Balko, 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 Johri L. Perry Council Members Voting Nay: None Council Members Absent: None - 10 - F ORM A L S E S S ION VIRGINIA BEACH CITY COUNCIL August 10, 1987 2:15 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, August 10, 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: Revered William H. Perry Upper Room Church On The Rock Church of God In Christ PLEDGE OF AIJEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 11 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item IV.D.l. ITEM # 27803 Councilwoman Parker referenced the Application of Tidewater Health Care, Incorporated for a Change of Zoning from R-4 Residential District to 0-1 Office District on property located on the south side of Old Donatio@Parkway, 1528-93 feet east of First Colonial Road, containing 38.6 acres (Lynnhaven Borough). (See Item IV-f.l.a of the PLANNING BY CONSENT AGENDA). This item will be pulled for a separate vote.) Item IV.D.2. ITEM # 27804 Councilman Moss referenced the Application of James R. & Melody J. Priest for a Conditional Use Permit for a home occupation (beauty shop) on Lot 7, Indian River Estates, located at 1009 Mineola Drive, containing 9975 square feet (Kempsville Borough). (See Item TV-F.l.b of the PLANNING BY CONSENT AGENDA). This item will be pulled for a separate vote. Councilman Moss also advised he wished to add an Item under NEW BUSINESS relative discussion of the Charter Amendment for Advisory Referendum on Elected School Boards. Item IV.D.3- ITEM # 27805 The City Clerk referenced the Application of W. J. Moore, Jr. for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District on property located 600 feet northeast of Indian River Road beginning at a point 2370 feet more or less northwest of Winston Avenue, containing 39.62 acres (Princess Anne Borough). (See Item IV-F.l. of the PLANNING BY CONSENT AGENDA). The City Clerk advised the applicant had questions relative one of the conditions. Item IV.D.4. ITEM # 27806 Councilman Balko referenced an Application of Armada/Hoffler Development Company for a Conditional Use Permit for two (2) satellite dishes on the south side of Greenwich Road, 550 feet more or less west of Business Park Drive, located at 5555 Greenwich Road, containing 4.167 acres (Bayside Borough). (See Item IV-F.d. of the PLANNING BY CONSENT AGENDA). This item will be pulled for a separate vote. Item IV-D-5 ITEM # 27807 Councilwoman Parker referenced an Ordinance to transfer $1,200,000 to Project #6-925 Atlantic Avenue Improvements to allow acceleration of the construction schedule in connection with the Atlantic Avenue Demonstration Project and an Ordinance to transfer $456,250 to Project #2-600 Virginia Beach Boulevard-Phase II from Project #2-936 Ferrell Parkway-Phase IB. (See IV-G-4 and 5 of the CONSENT AGENDA). Councilwoman Parker advised she had inquires concerning same. Councilwoman McClanan also had a question relative Item IV-G-5- - 12 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item IV-D.6 ITEM # 27808 Vice Mayor Oberndorf advised of an ADD-ON Item relative APPOINTMENTS to the CONSTITUTION'S CELEBRATION COMMISSION. 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. - 13 - Item IV-E.1 MINUTES ITEM # 27809 Upon motion by Councilman Balko, seconded by Councilman Moss, City Council APPROVED the MINUTES of INFORMAL & FORMAL SESSIONS of August 3, 1987. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 14 - Item IV-F.1/2. PUBLIC HEARING PLANNING ITEM # 27810 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT a. TIDEWATER HEALTH CARE, INCORPORATED CHANGE OF ZONING b. JAMES R. & MELODY J. PRIEST CONDITIONAL USE PERMIT c. W. J. MOORE, JR. CONDITIONAL USE PERMIT d. AR14ADA/HOFFLER DEVELOPMFNT COMPANY CONDITIONAL USE PERMIT e. BAKER NEWTOWN ASSOCIATES STREET CLOSURE PLANNING ITEMS a. RECONSIDERATION: TURNER AND ASSOCIATES CONDITIONAL USE PERMIT b. MITCHELL L. & LINDA S. DUNBAR CONDITIONAL USE PERMIT c. GEORGE McCADDEN CONDITIONAL USE PERMIT d. ALWAT ASSOCIATES CHANGE OF ZONING e. DOVE CONSTRUCTION CORPORATION CHANGES OF ZONING f. RICHARD C. FENTRESS STREET CLOSURE g. 14ASTER STREET AND HIGHWAY PLAN AMENDMENTS - 1 5 - Item IV-F.1 PUBLIC HEARING PLANNING By CONSENT ITEM # 27811 ALL ITEMS WERE VOTED UPON SEPARATELY - 16 - Item IV-F.l.a PUBLIC HEARING PLANNING ITEM # 27812 The City Clerk referenced a letter of July 24, 1987, from Attorney Grover C. Wright, Jr., requesting DEFERRAL. (Said letter is hereby made a part of the record) Kenneth J. Krakaur, 1080 First Colonial Road Phone: 496-6207, further advised he had met with Ron Makela, representative of the Great Neck Civic Association, as well as the surrounding neighborhoods adjacent to the property who all gave support to said application. A letter to this effect was presented at the Planning Commission. In response to Councilwoman Parker's inquiry, Kenneth Krakaur advised when the initial request for the rezoning was instituted on October 15, 1984, it was indicated to be R-4 Residential District with Use Permits for a Nursing Home and Retirement Housing. This property was owned by Dr. Levi Old. TIDEWATER HEALTH CARE, INCORPORATED, the parent corporation of Virginia Beach General Hospital has an option on this property and is requesting the rezoning so the nursing home can be established, as well as a physicians office park in the back and out-patient center for the purpose of conducting radiology tests. Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of TIDEWATER HEALTH CARE, INCORPORATED for a Change of Zoning: ORDINANCE UPON APPLICATION OF TIDEWATER HEALTH CARE, INCORPORATED FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-4 to 0-1 Z08871172 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIHGINIA BEACH, VIRGINIA Ordinance upon application of Tidewater Health Care, Inc. for a Change of Zoning District Classification from R-4 Residential District to 0-1 Office District on certain property located on the south side of Old Donation Parkway, 1528-93 feet east of First Colonial Road. Said parcel contains 38.6 acres. Plats with more detailed information are available in the Department of Planning. LYMTHAVEN BOROUGH. The following conditions shall be required: 1. A 50-foot landscape buffer and one-story building height limit within 200 feet along the southern boundary. 2. A 50-foot landscape buffer and 40-foot building height within 150 feet along the eastern and northern boundaries Prior to the changing of the official zoning maps, the following condition shall be required: 3. The recordation of a deed restriction limiting development as proferred. - 17 - Item IV-F.l.a PUBLIC HEARING PLANNING ITF14 # 27812 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of August, Nineteenth Hundred and Eighty-seven. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf, and John L. Perry Council Members Voting Nay: Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: None TIDEWATER HEALTH C@Rr, InC., a Virginia Corporation TO: (COVENANTS AND CONDITIONS CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 15th day of-June, 1987, by and between TIDEWATER HEALTH CARE, INC., a Virginia corporation, "Grantor", of the one part, and CITY OF VIRGINIA BEACH, a municipal Corporation of the Commonwealth of Virginia, Grantee, of the other part; @IITNESSETH TIIAT: @ql@EREAS, th. Grzntor has initiated amendnents to the Zoning Map of the City of Virginia Beach, Virginia, by oetitions of the Grantor addressed to the Grantee, so as to cliange the classification of tlie Grantor's property from R-4, Residential District, to 0-1, Office District, on certain property loc-ated at the eastern end of Old Cona'-@ion Park@vay extended east of First Colonial, containing 7@-O'.6 acres, more or less, in Lynnhaven Borough, in the City of Virginia Beach, Virginia; said property being referred to hereinafter as "the property," and being shoi,7n F.s Parcel A (NIF Virginia Beach General Hospital) (10 ac.), C (26 ac.) and D (2.6 ac.) on the plats attached hereto ent.itled "Subdivision of Property of Oak IIill Farm Associates", dated October 14, 1986, made by Gallup c-urvevors & Engineers, Ltd., recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2592, at page 96, et seq.; and ;qHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including residantial and office purposes, through zon@-ng and other land development legislation; and WliEREAS, the Grantor acknowledges thil-- comp,-ting and sometimes incompatible types of uses conflict and that f@0\1111@ C. I in rder to permit differing types of uses on and in tho area of the subject property an6 at the same time to recognize the effects of change, and the need for various types of uses, including residential and office uses, certain reasonable conditions governing the use of the property for the protection of the conlmunity that are not generally applicable to land similarly @oned 0-1 are neede6 to cope with the situation which the Grantor's rezoning applications give rise to; and WHEZEAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendrients to e @ded for the zoning map, in addition to the r gulations Provi the 0-1 zoning district 6r zone by the existing over-all zoning ordinances, the following reasonable conditions related to the physical development and operation of -.he property to be adopted as a part of said amendments to the new Zoning Map relative to the property desci7ibed above, which have a reasonable relation to the rezoriing and the need for which is generated by the rezoning; and WHEREAS, said conditions having be(2n proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequelit amendment changes the zoning on the property covered bv such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive iiiiplementation of a new or substantially revised zoning ordinance, unless, notw@-th- standing the foregoing, these conditions are amended or varied by written instrument recorded in the Clerlt's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the stibjccll- property at the time of recordation of such instrument; 2 provided, further, that said instru,,nt is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance cr a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantec advertised pursuant to the provisions of Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as coiiclusive evidence of such consent; NOW, THEREFORE, the Grantor, for itsel.f, its successors, assigns, grantees, and other success;ors in title or interest, voluntarily and i,7ithout any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restriction8 as to the physical development and operation of the-subject property and governing the use thereof and hereby covenai-its and agrees that thi@- declaration shall constitute covenants running with tlie said property, which shall be binding upon the property and upon all parties and persons claiming under or through the Grantor, his heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: The "Conceptual Landscape Plan of Virginia Beacil General Hospital" (Partial Plan and Partial Elevation), Scale 111 = 501, the "Conceptual Office Park Plan, Virginia Beach General @lospital" and the'tmaster Land Use Plan of Virginia Beach General lio@-pitall"includilig the landscIL)e buffers, the building height and setbacks shown thereon, exhibited to the grantee prepared by Talbot & Associates, Ltd., shal-1 be substantially adhered to. These include the 50' land--cape buffer a.nd the one story building height limit @@itliin 200' along the southern boundary adjacent to the Linkhorn Estates Subdivision and 3 the 501 landscape buffer and the forty foot building height limit within 150' along the eastern @oundary adjacent to the oak Hill Farm property and along the northern boundary adjacent to the Brighton on the Bay Subdivision. All references hereinabove to the R-4 and 0-1 districts and to the requirements and regulation!i applicable thereto refer to the Comprehensive Zoning Ordinalice of the City of Virginia Beach, Virginia, in force as of Junel5, 1987, which is by this reference incorporated he3-ein. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia,!shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing condi- tions, including (i) the ordering in writing of the remedying of any nohcompliance with such conditions, and (ii) tl,e bringing of legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appro- priate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions, the Grantor shall petition to the governing body for the review thereot prior to instituting proceedings in court; and (4) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zonilig of the subject property on the map and that the ordinance and the conditions may be made readily available and acce!3Sible for public inspection in the office of the Zoning Admi-nistrator and in the Planning Department and that they shall. be recorded in the Clerk's Office of the Circuit Court of the 4 I city of Virginia Beach, virginia, and indexed in the name of the Grantor and Grantee. ;qITNESS the following signatures. TIDEWATER HEALTH CARE, INC., a virginia 0 rpo ration By: Dougl Johnson Pre@i STATE OF VIRGINIA CITY OF to-wit: I re a Notary Public for the State .@ i@rginia at Large, co nefe-by certify that Douglas L. Johnson, whose name is signed on behalf of the Grantor to the foregoing instrument bearing date on the 15th dal, of June, 1987, has acknowledged the same before me in the city and state aforesaid. Given under my hand this @- day of June, 1987. Notary Publ:ic My commission expires: 5 STA OF @ APPL,ICAW: Tidevater Health Care, Inc. APPLICATION: Change of Zoning (R-4 to 0-1) DESCRIPTION: Property located on the south side of old Donation Parkvzy, 1528.93 feet east of First Colonial Poad, containing 38.6 acres (Lynnhaven Borough) CITY CO(JKLIL SESSION: August 10, 1987 THE UNDERSIGNED @ OR IIML REPRESENTATI\7E FOR TIM @R, (or Agent for the Owner), RkS REVIEWED THE CONDITIONS FOR APPFOVAL (REQUI@) RECCMMENDED BY THE VIF<GINIA B@l @ING CCMMISSION TO THE VIRGINIA BEAC-H CITY COUPEIL FOR AFFIRMATIVE ACTION ON THIS DATE AS @-Y APPLY TIO THE RE@IM APPLICATION FOR TO THE ZONING MkP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND @Y ACI=S AND AGREES TO: 1. A 50-foot landscape buffer and one story building height lixnit within 200 feet along the souther-n boundary. 2. Fifty- (50) foot landscape buffer and 40-fc>ot building height limit within 150 feet along the eastern and northern boundaries. 3. Prior to the changing of the official zoning maps, the following oo@ition will be required: The recordation of a deed reslriction lirniting develoEment as proffered. Owner @Cwner/Attp,tney/Agent Date: - 18 - Item IV-F.l.b. PUBLIC HEARING PLANNING ITEM # 27813 James R. Priest, 1009 Mineola Drive, Phone: 420-0602, the applicant, represented himself, and advised there would only be one person at a time being serviced. There would never be an onslaught of cars. Councilman Moss advised he had received several telephone calls from adjacent residents who were not in favor of establishing a precedent for a home operated business. The street in front of the home is very narrow with only a single driveway. Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council DENIED an Ordinance upon application of JAMES R. & MELODY J. PRIEST for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JAMES R. & MELODY J. PRIEST FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (BEAUTY SHOP) Ordinance upon application of James R. & Melody J. Priest for a Conditional Use Permit for a home occupation (beauty shop) on Lot 7, Indian River Estates. Said parcel is located at 1009 Mineola Drive and contains 9975 square feet. KEMPSVILLE BOROUGH. Voting: 9-2 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: John A. Baum and Barbara M. Henley Council Members Absent: None - 19 - Item IV-F.l.c PUBLIC HEARING PLANNING ITEM # 27814 Bruce W. Gallup, 315 First Colonial Road, Phone: 428-8132, represented the applicant and advised W. J. Moore had an extremely long driveway of approximately 1100 feet long. To pave same, would entail a cost of approximately $16,000, which is excessive for a single-family home. Therefore, Mr. Gallup requested Amendment of Condition No. 2. After discussions with Donald Trueblood, City Engineer, an agreement was suggested overlaying the existing driveway with additional gravel. Mr. Gallup also requested the width be just 9-feet wide rather than the 12-foot as stipulated in the Condition. Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City Council ADOPTED an Ordinance upon application of W. J. MOORE, JR., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF W. J. MOORE, JR., FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING IN THE AG-1 AGRICULTURAL DISTRICT R08871066 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of W. J. Moore, Jr., for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District on certain property located 600 feet northeast of Indian River Road beginning at a point 2370 feet more or less northwest of Winston Avenue. Said parcel contains 39.62 acres. Plats with more detailed information are available in the Department of Planning. PRINCESSS ANNE BOROUGH. The following conditions shall be required: 1. A variable width right-of-way dedication along Indian River Road in accordance with the preliminary alignment in the Public Works Drafting Room to establish a six-lane divided section as per the Master Street and Highway Plan. 2. A 9-foot wide gravel drive aisle with adequate stability from Indian River Road to the residence is required with a Standard Concrete Entrance (16- feet wide). The drive aisle must be approved by Public Works Engineering. 3. Dedication of an adequately sized drainage easement over the existing canal along the northern property line. 4. The application of Best Management Practices for the control of storm water runoff which are reasonably applicable to the development of this site. - 20 - Item IV-F.l.c. PUBLIC HEARING PLANNING ITIN # 27814 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of August, Nineteenth Hundred and Eighty-seven. Councilman Baum requested the City Staff review the width of these driveway entrances, especially with reference to the rural areas. 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 IV-F.l.d. PUBLIC HEARING PLANNING ITEM # 27815 Scott Minner, 860 Greenbrier Circle, Suite 600, Chesapeake, Virginia, represented the applicant, and advised aproximately two months ago they had applied for a Radio Tower. The Satellite Dishes were requested after the Radio Tower had already been initiated. Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of ARMADA/HOFFLER DEVELOPMENT COMPANY for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF ARMADA/HOFFLER DEVELOPMENT COMPANY FOR A CONDITIONAL USE PERMIT FOR TWO (2) SATELLITE DISHES R08871067 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Armada/Hofler Development Company for a Conditional Use Permit for two (2) satellite dishes on the south side of Greenwich Road, 550 feet more or less west of Business Park Drive. Said parcel is located at 5555 Greenwich Road and contains 4.167 acres. Plats with more detailed informtion are available in the Department of Planning. BAYSIDE BOROUGH. The following condition shall be required: 1. Approval by the FAA. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of Agusut, Nineteenth Hundred and Eighty-seven. City Council had held in abeyance an Ordinance relative Satellite Dishes and Antennas in general. Councilman Balko requested Director of Planning Robert J. Scott and City Attorney J. Dale Bimson to determine if the City should continue to consider said Ordinance relative Satellite Dishes and Antennas, as the Federal Government has indicated more of a stance. Councilwoman McClanan advised the Federal Government did not get involved with the landscaping and the location of said Satellite Dishes and Antennas. - 22 - Item IV-F.l.d PUBLIC HEARING ITEM # 27815 (Continued) PLANNING The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. 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 sr@ CF CONSEt?r APPLICANT: a/HDffler Developnent Canpany APPLICATION: Cbnditional Use Permit (t@ (2) satellite di she s) DESCRIPrION: South side of Greenwich lbad, 550 feet more or less @st of Busimss Park Drive, located at 5555 Gree@ch Fbad, containing 4.167 acres (Bayside Borough) CITY COUKEIL SESSION: August 10, 1987 THF UND@IGNED @ OR LBCAL REPRESENTATIVE FOR (cr @ent for tbe Ovner), HAS REVI@ THE CONDITIONS FOR APPIUVAL (REQUI@) @CMMENDFD BY THE VIRGINIA BEACH PLANNING C@SSION TC) THE VIRGINIA BEACH CITY C@IL FOR AFFIRMATIVE ACTION ON 'RHIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENEMENT TO THE ZONING MAP OF THE CITY C)F VIRGINIA BEACH, VIRGINIA, AND y ACCEPTS AND AGREES TO: 1. Pppropriate approval by the FAA. By: @er/Attorne Date: - 23 - Item IV-F.l.e. PUBLIC HEARING PLANNING ITEM # 27816 Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council DEFERRED for Compliance of Conditions until the City Council Meeting of February 15, 1988, an Ordinance upon application of BAKER NEWTOWN ASSOCIATES for the discontinuance, closure and abandonment of a portion of Hampshire Road. Application of Baker Newtown Associates, for the discontinuance, closure and abandonment of a portion of Hampshire Way beginning at the eastern boundary of Hampshire Lane and extending in a southeasterly direction to the western boundary of Newtown Road. Said parcel is variable in width and contains 4530 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. Resubdivision of the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels, as well as to insure that all lots have access to a public street. 2. Closure of the right-of-way shall be contingent upon compliance with the above stated condition wihtin 180 days of the approval by City Council. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. 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 STATEMELqT CF APPLICANT: Baker @wtowti Associates APPLICATION: Street Closure DESCRIPTION: Pcrtion of Hampshire @y begiming at the eastern boundary of Hampshire Lane and extending in a southeasterly direction to the @stern boundary of tbwtown FOad, parcel is variable in width, containing 4530 square feet (Bayside Borough) CITY COUNCIL SESSION: @ust 10, 1987 THE UNDERSIGNED UNNER OR LBCAL RFPRESERRATIVE FOR (cr Agent for the Owner), RNS WIVI@ THE CONDITIONS FOR APPIUVAL (REQUI@@) REr-Ct4MENDED BY THE VIFGINIA BEACH PLANNING CCMMISSION TO TtE VIRGINIA BEACH CITY COLMIL FOR AFFIRMAMVE ACTION ON 'AIIS CAT'E AS = APPLY TO THE REFERENCED APPLICATION FOR TO THE ZONING MkP OF THE CITY CP VIRGINIA B@H, VIRGINIA, AND HEREBY ACCEPrS AND A@S TO: 1. Pesubdivision of the property and vacation of internal lot lines to inccrporate the closed area into adjoining parcels, as @ll as to insure that all lots have access to a public street. 2. Closure of the right-of-way shall be contingent upc)n ccmpliance with the abcve stated oondition within 18D days of the approval by City (buncil. By: @/Attorney/@ Date: .ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS HAMPSHIRE WAY, LOCATED IN THE BAYSIDE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PORTION OF RA,MPSHIRE WAY TO BE VACATED, BAYSIDE BOROUGH - VIRGINIA BEACH, VIRGINIA; SCALE 1" = 40', APRIL, 1987, MADE BY BASGIER AND ASSOCIATES," WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN DEED TOOK AT PAGE WHEREAS, it appearing by Affidavit that proper notice has been given by Baker Newtown Associates that it would make application to the Council of the City of Virginia Beach, Virginia, on June 15, 1987, to have the hereinafter described portion of the street discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said portion of the street be discontirqed, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of virginia Beach, Virginia, that the hereinafter described portion of the street be discontinued, closed and vacated: Beginning at a point on the Southwestern side of Newtown Road at the intersection of Parcel 3 and a Portion of Hampshire Way To Be Vacated as shown on the plat as described below and from said point of SECTION III Adopted: This Ordinance shall be effective sixty (60) days from the date of its adoption. i beginning along a curve to the left having a radius of 1,641.88', an arc distance of 35.391 to a point; thence along a curve to the left, having a radius of 20.00', an arc distance of 34.70', to a point; thence North 63 degrees, 44', 17" west, 191.451 to a point; thence along a curve to the left, having a radius of 20.00', an arc distance of 33.501 to a point on the Eastern side of Hampshire Lane, as shown on said plat; thence along a curve to the right, having a radius of 20.00', an arc distance of 36.59', to a point; thence South 54 degrees, 261, 23' East, 187.42', to a point; thence along a curve to the right, having a radius of 20.00', an arc distance of 31.88', to the point or place of beginning. (Said parcel containing 0.104 acres.) Said parcel of land being a portion of Hampshire Way, as indicated on that certain plat of property to be vacated, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, virginia, in Deed Book , at Page and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. pops 500-00 LOCATION MAP -0 SCALE: 1"=2640' U) C'@ -u C) r m -4 N o 0 Co 0 R A =35.39, 4=91149@.3" T=20.47 Tz (VARIABLE WIDTH) NEWTOWN ROAD PLAT SHOWING PORTION OF HAMPSHIRE WAY TO BE VACATED E3AYSIDE BOROUGH-VIRGINIA 13EACH, VIRGINIA Scale: l" = 40' April , 1987 13ASGIER O,,dASSOCIATES- @IA EN6iNcERs - suave RORS - PLANNERS VIRG)NiA di:ACte, VIHGIN$A - NEWPOHT NL:WS, V)HRON)A - 24 - Item IV-F.l.i. PUBLIC HEARING PLANNING ITEM # 27817 Attorney Robert Cromwell, Pembroke One, Phone; 499-8971, represented the applicant, and advised if the owners of Lot 13 develop other than residential, they must come before City Council. The Day Care will be ready for occupancy in approximately two weeks. The application under RECONSIDERATION is simply a proferred method of ingess and egress to line up with a median break at Diamond Springs Road which had been recomended by the City Staff. Larry Turner, the applicant, also advised, they do not own Lot 13, in drafting the application heard by City Council on February 9, 1987, a technical legal description was inadvertently deleted for this thirty-foot access area. Anne Marino, 5400 Virginia Tech Court, Phone: 473-1069, spoke in OPIOSITION to the intended use of part of Lot 13 for a road on her street for use as the primary entrance and exit for the Children's World Day Care Center, located on Diamond Springs Road. The road is planned to run along the 25-foot wide strip, the distance of the rear property line of a valuable one-acre parcel of land. The representative of Children's World has stated his client only intends to Tqaintain the road and not the remaining land on the road. The Planning Commission determined approximately 300 extra cars and service vehicles a day would use this access road. This volume of traffic would create a hazardous situation for children living here. As there are no sidewalks, the children must walk in the street in the midst of the traffic. The one-acre lots on Virginia Tech Court are priced from $54,800 to $155,800 just for the land. Mrs. Marino distributed advertisments relative homes in this area. (Said advertisements are hereby made a part of the record.) John Herzke, Traffic Engineer, advised an additional access was encouraged when presented the initial site plan. There is no median opening across the frontage of this site on Diamond Springs Road and no opportunity for the City to approve one at this location since one exists at Virginia Tech Trail. The Staff felt by adding an access over to Virginia Tech Trail, movement would be provided for lefts into this site and lefts out of this site that otherwise would have to be accomplished by U-turns. Thus, by adding this access over to Virginia Tech, the City is eliminating U-turns for people that are entering or exiting this site and have to make a left turn. Mr. Herzke advised there would be quite a bit of traffic, however, same would be much safer taking place at an intesection with a median opening rather than where a U-turn would be necessary. Donald Trueblood, City Engineer, advised the first Conditional Use Permit was APPROVED on February 9, 1987, the first Site Plan was APPROVED on May 11, 1987, the second Conditional Use Permit was APPROVED on June 8, 1987, and on June 25, 1987, a revised site plan with the aforementioned existing road was received. Pending the RECONSIDERATION of tlie action of June 8, 1987, this REVISED site plan has NOT been APPROVED. A MOTION was made by Councilman Perry, seconded by Councilwoman McClanan to give permission for second curb cut on Diamond Springs Road and eliminate the use of the curb cut from Lot 13 as approved by City Council June 8, 1987. - 25 - Item IV-2.a. PUBLIC HEARING PLANNING ITEM # 27817 (Continued) Upon SUBSTITUTE MOTION by Councilman Fentress, seconded by Councilman Heischober, City Council DEFERRED one week until the City Council Meeting of August 17, 1987, RECONSIDERATION of an Ordinance upon application of TURNER AND ASSOCIATES for a Conditional Use Permit for a Day Center Center: ORDINANCE UPON APPLICATION OF TURNER AND ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER R06871048 Ordinance upon application for Turner and Associates for a Conditional Use Permit located on the southeast corner of Diamond Springs Road and Virginia Tech Court, designated as Lot 13, Section 6, Wesleyan Pines. Said parcel contains 1.247 acres. BAYSIDE BOROUGH. (This Ordinance was ADOPTED on June 8, 1987) This DEFERRAL will enable the City Staff to prepare additional information relative Lot 13, as well as legal ramifications concerning same. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 26 - Item IV-2.b. PUBLIC HEARING PLANNING ITEM # 27818 Coley Dunbar, 629 South Pine Grove Road, represented the applicant, his brother, Mitchell L. Dunbar. Upon motion by Councilman Perry, seconded by Councilman Balko, City Council ADOPTED an Ordinance upon application of MITCHELL L. & LINDA S. DUNBAR for a Conditonal Use Permit: ORDINANCE UPON APPLICATION OF MITCHELL L. & LINDA S. DUNBAR FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE REPAIR R08871068 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mitchell L. & Linda S. Dunbar for a Conditional Use Permit for automobile repair on Lots 33 thru 40, Block 60, Euclid Place. Said parcel is located at 4856 Cleveland Street and contains 21,780 square feet. BAYSIDE BOROUGH. The following conditons shall be required: 1. Approval is for a period of one (1) year. 2. A six-foot wooden fence, consisting of #1 Western Red Cedar of #I-SYP-04OCCA treated slats with #1- SYPP-0-40-CCA treated posts, set in concrete, must be provided along the western property line adjacent to the mobile home park. Category II screening is requested between the fence and the mobile home park. 3. All work must be performed inside of the building. No outside repair will be allowed. 4- Category II screening is to be provided along the front of this site. 5. No parking of customers' vehicles and no overnight parking outside the fenced area will be permitted. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth day of August, Nineteenth Hundred and Eighty-seven. - 27 - Item IV-F.2.b. PUBLIC HEARING PLANNING ITEM # 27818 (Continued) 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 *Verbal Aye Councilwoman Parker wished it noted for the record that the applicant would not encourage the same clutter that appears on the adjacent property and they would not lease to these adjacent residents. Councilwoman Parker requested the City Manager investigate same as to whether this adjacent property might be in violation and be cited by Permits and Inspections. Councilwoman Parker advised she had viewed the applicants property. - 28 - Item IV-F.2.c. PUBLIC HEARING PLANNING ITEM # 27819 Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council DEFERRED two weeks until the City Council Meeting of August 24, 1987, an Ordinance upon application of GFORGE McCADDEN for a Conditional Use Permit: ORDINANACE UPON APPLICATION OF GEORGE McCADDEN FOR A CONDTTIONAL USE PERMIT FOR A BULK STORAGE YARD Ordinance upon application of George McCadden for a Conditional Use Permit for a bulk storage yard on certain property located on the east side of Davis Street, 535.60 feet north of Virginia Beach Boulevard. Said parcel contains 24,002 square feet. Plats with more detailed informaiton are available in the Department of Planning. BAYSIDE BOROUGH. This application was DEFERRED as neither the applicant nor his representative were in attendance. The City Clerk will notify the applicant of the DEFERRAL. 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 - 29 - Item IV-F.2.d. PUBLIC HEARING PLANNING ITEM # 27820 George Darden, 305 30th Street, Phone: 428-5075, represented the applicant and distributed a letter from the adjacent resident at 4889 Bonney Road indicating no OPPOSITION to the proposed rezoning. Mr. Darden also distributed a comparison of Fxisting Zoning with APPROVED LAND USE PLAN. (Said letter and Plan are hereby made a part of the record). Mr. Darden advised no additional City services would be required. Upon motion by Councilman Moss, seconded by Councilman Perry, City Council DENIED an Ordinance upon application of ALWAT ASSOCIATES, a Virginia General Partnership, for a Change of Zoning: ORDINANCE UPON APPLICATION OF ALWAT ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE OF ZONING DISTRICT CLASSTFTCATION FROM R-8 TO I-2 Ordinance upon application of ALWAT Associates, A Virginia General Partnership, for a Change of Zoning District Classification from R-8 Residential District to I-2 Heavy Industrial District on the south side of Bonney Road, 1500 feet more or less east of Kenley Road. Said parcel is located at 4883 Bonney Road and contains 1.065 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 8-3 Council Members Voting Aye: Albert W. Balko, 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: John A. Baum, Robert E. Fentress, Harold Heischober Council Members Absent: None - 30 - Item IV-F.2.e. PUBLIC HEARING PLANNING ITEM # 27821 Attorney Barry Koch, 2508 Pacific Avenue, Phone: 428-4681, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City Council DEFERRED INDEFINITELY with the applicant's concurrance, an Ordinance upon application of DOVE CONSTRUCTION CORPOPATION for Changes of Zoning. City Council on July 13, 1987, had APPROVED the change to R-5 Residential District on those areas located above the five-foot contour line and had DEFERRED those areas below the five-foot contour. ORDINANCE UPON APPLICATION OF DOVE CONSTRUCTION CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION AG-1 TO R-5 Z07871166 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Dove Construction Corporation for a Change of Zoning District Classification AG-1 Agricultural District to R-5 Residential District on certain property located 600 feet north of Dam Neck Road beginning at a point 3050 feet more or less east of General Booth Boulevard. Said parcel contains 129.79 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF DOVE CONSTRUCTION CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-5 Z07871167 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Dove Construction Corporation for a Change of Zoning District Classification from AG-2 Agricultural District to R-5 Residential District on certain proeprty located on the north side of Dam Neck Road beginning at a point 3170 feet more or less east of General Booth Boulevard. Said parcel contains 66.8 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. - 31 - Item IV-F.2.e. PUBLIC HEARING PLANNING ITEM # 27821 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Pentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 32 - Item IV-F.2.f- PUBLIC HEARING PLANNING ITEM # 27822 Attorney Winston G. Snider, represented the applicant Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council DEFERRED for compliance of conditions until the City Council Meeting of February 15, 1988, an Ordinance upon applicaton of RICHARD C. FENTRESS for the discontinuance, closure and abandonment of a portion of Brian Avenue. Application of Richard C. Fentress for the dicontinuance, closure and abandonment of a portion of Brian Avenue beginning at the northern boundary of Virginia Beach Bouelvard and running in a northerly direction to the southern boundary of Broad Street. Said parcel is 60 feet in width and contains 16,828 square feet more or less. BAYSIDE BOROUGH. The following conditions shall be required: 1. Resubdivision of the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels, as well as to insure that all lots have access to a public street. 2. Dedication of a utility easement as determined by the Department of Public Utilities over the water line located within the area to be closed. 3. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan and John D. Moss Council Members Absent: None ORDINANCE NO.: IN THE I%/IATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS BRIAN AVENUE, LOCATED IN THE BAYSIDE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON PLAT OF BOUNDARY SURVEY OF A PORTION OF BRIAN AVENUE WHEREAS, it appearing by Affidavit that proper notice has been given by Richard C. Fentress, that he would make application to the City Council of the City of Virginia Beach, Virginia, on the day of , 1987, to have the hereinafter described street discontinued, closed, and vacated; and VVHERF-AS, it is the judgment of the Council that the said street be discontinued, closed, and vacated: NOW, THEREFORE, SECTION I BE IT ORDANINED by the Council of the City of Virginia Beach, Virignia, that the hereinafter described street be discontinued, closed, and vacated: Brian Avenue, begining at the northwest corner of Virginia Beach Boulevard and Brian Avenue; hence in a northerly direction along the western right-of-way of Brian Avenue N 00115124" W 273.51 feet to a pipe at the south ----- western corner of Brian Avenue and Broad Street; hence with the prolongation of the southern right-of-way of Broad Street N 89*44'36"E 60.00 feet to a point in the southern right-of-way of Broad Street thence along a curve to the left an arc link of 15.71 feet with a radius of 10.00 feet which is subtended by a delta angle of 9010010011 and whose entering the radial bearing is normal to the last aforementioned course; thence along the eastern right-of-way of Brian Avenue S 00'15'24" E 287.43 feet to a point of curvature in the northern right-of-way of Virginia Beach Boulevard; thence along a curve to the rigilt an arc link of 21.79 feet and a radius of 1829.86 feet which Is subtended by a delta angle of 00'40'56" to a point of tangency; thence still with the northern right-of-way of Virginia Beach Boulevard N 64@33'00" W 33.64 feet to the point of beginning. SECTION 11 A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, Virginia, and Indexed in the name of the City of Virginia Beach, as grantor. SECTION Ill Adopted: This Ordinance shall be effective sixty (60) days from the date of its adoption. < m BROAD STREET 60' rlw m 0 0 z CL u N 89144'36 35.00, m I m F-- z 00, p F > m m m > m 0 0 < M m 0z K > -u z z 0 m m M m X z :0 m z < m > 0 0 0 i5 :0 z m a: ?l M z o > 0 m2. >-1 z M 0 C), 0 < 0 0 Lyl N 0 0 W M m Z z n0o 0 0 m > c 0 m m 0) 0 0 ;mu m- m- C m Kz C > c- m z Z. Z > z -i mm r > -n < z z 0 rn m . a) Em o z r- 51) c fn , . M m m m Zz c 6 0. Z Z m z m > 0 z 0 0 m ZM Z. (D NM m ;u m :4 mm m z K <m 0 0 << U) m m < 0 r) 0:< 0 0 :0- -i > c ,-1 0 m -x0 z ;E) > m Z z 0 0M m mz m o 0 D N 0 -y m C) y m > m > m r - 33 - Item IV-F.2.g.(a) PUBLIC HEARING PLANNING ITEM # 26823 Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, represented himself and advised more comprehensive study and measures are needed instead of applying band aid measures. The following spoke in OPPOSITION to the widenting of Euclid Avenue: Leu Miles Pace, 1908 Hunts Neck Court, Phone: 468-0925 Billy Coons, 121 Narragansett Drive, Phone: 497-7345, represented the Neighborhod Civic League Dee Catlin, 4960 Narragansett Drive, Phoen: 497-2483 Diana Laing, 4893 Euclid Road, Phone: 497-1296 Kathryn Recine~ 208 Narragansett Drive, Phone: 497-3312 (WAIVED RIGHT TO SPEAK) Don Roberts, 120 Kaw Lane, Phone: 497-8687 Ralph L. Bilger, 4908 Conestoga Road, Phone: 499-3366 Dorothy K. Couchman, 4908 Euclid Road, Phone: 473-0656 The City Manager referenced Item No. 3.: Change Indian River Road from Ferrell Parkway to Indian Lakes Bouelvard from a 4 Lane Divided with Bikeway major arterial to 4 Lane Unidivided major collector. A Resolution Authorizing the City Manager to transfer the Unobligated appropriated balance of CIP Project 2-834 to a newly advanced acquisition fund earmarked for Indian River Road CIP Project 2-065 had been ADOPTED on July 13, 1987. The City Manger requested deferral of Item No. 3. in order for the City Staff to determine alternatives regarding more inexpensive methods of handling traffic. The Staff shall present at the City Council Meeting of August 17, 1987, the two proposed alternatives. Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council DEFERRED INDEFINITELY Item 1. and DEFERRED Item 3. until the City Council Meeting of September 21, 1987: Ordinance upon application of the City of Virginia Beach to AMEND the Master Street and Highway Plan regarding the General Corridor Concept Plan Map Element and other elements: Add Euclid Road from Cleveland Street to Independence Boulevard as a 4 Lane Undivided major collector. Change Indian River Road from Ferrell Parkway to Indian Lakes Boulevard from a 4 Lane Divided with Bikeway major arterial to 4 Lane Undivided major collector. As per request of Cuncilman Perry, sufficent PUBLIC NOTICE will be given to the residents of POCONONTAS VILLAGE before the widening of Euclid Road is again considered. August 10, 1987 - 34 - Item IV-F.2.g.(a) PUBLIC HEARING PLANNING ITEM # 27823 (Continued) Voting: 8-3 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. Baum, Mayor Robert G. Jones and John L. Perry Council Members Absent: None - 35 - Item IV-F.2.g.(b) PUBLIC HEARING PLANNING ITEM # 27823 (Continued) Upon motion by Councilwoman Parker, seconded by Councilman Fentress, City Council ADOPTED Items 2, 4 and 5:: Ordinance upon application of the City of Virginia Beach to AMEND the Master Street and Highway Plan regarding the General Corridor Concept Plan Map Element and other elements: 2. Add Dorsett Avenue from Cleveland Street to Virginia Beach Boulevard as a 4 Lane Undivided major collector. 4. Add the Hillltop loop as a 4 Lane Undivided major collector as follows. A. Village Drive from Laskin Road to Donna Boulevard. B. Donna Boulevard from First Colonial Road to Laskin Road. C. Hilltop Loop (currently Bonney Palace) from Laskin Road to First Colonial Road. 5. Add lgth Street from Birdneck Road to Baltic Avenue as a 4 Lane Undivided major collector. 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 AN ORDINANCE TO AMEND THE MASTER STREET AND HIGHWAY PLAN DATED DECEMBER 16, 1974 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the General Corridor Concept Plan Map Element of the Master Street And Highway Plan shall be amended as follows: 1. Add Euclid Road from Cleveland Street to Independence Boulevard as a 4 Lane Undivided major collector (See Attachment #1). 2. Add Dorsett Avenue from Cleveland Street to @lirginia Beach Boulevard as a 4 Lane Undivided major collector (See Attachment #I). 3. Change Indian River Road from Ferrell Parkway to Indian Lakes Bou@evard frorn a 4 Lane Divided with Bikeway major arterial to a 4 Lane Undiv ee Attachment #I). 4. Add the Hilltop Loop as a 4 Lane Undivi major collector as follows (See Attachment #2 . 'vided A. Village Drive from Laskin Road to Donna Boulevard. B. Donna Boulevard from First Colonial Road to Laskin Road. C. Hilltop Loop (cur,rently Bonney Palace) from Laskin Road to First Colonial Road. 5. Add 19th Street from Birdneck Road to Baltic Avenue as a 4 Lane Undivided major collector (See Attachment #2). 6. Add Buckner Boulevard from Independence Boulevard to Rosemont Road aS a 4 Lane Divided arterial, and from Rosemont Road to Holland Roid s a 4 Lane Undivided with Bikeway major collector (See Attachment # . 7. Add Estates Drive from Dam Neck Road Extended to London Bridge Roadas a4 LatieUndividedmajorcollector (SeeAttachment #4). 8. Add Culver Lane from General Booth Boulevard to Estates Drive as a 4 Ldne Undivided major collector (See Attachment #4). 22. Realign Princess Anne Road in the area of Seaboard Road north of Pungo (See Attachment #8). 23. Redlign Princess Anne Road in the ared south of Pungo Ferry Road (See Attachment #9). ?4. BE IT FURTHER ORDAINED: That Sections 111, IV and V of the Principles and llolicies Element of The Master Street and Highway Plan be amended to rea(i as follows: 111. Relationship to Capital Improvement Program The roads included in the Master Street and Highway Plan can be broken down into three categories: (1) those already constructed to their ultimate width; (2) those for which there is a need in the imediate future and; (3) those for which there is a need in the long range future. The Capital Improvement Program (CIP) prioritizes the roadways where the need is more imediate (within 10 yedrs) and describes when they will be improved, as well as when and how funds will be appropriated to finance the improvement. The Capital Improvement Program is directly related to the Master Street and Fiighway Plan in that the latter serves as the first step of eligibility for including projects in the former. More specifically, no road widening project will be programed in the Capital Improvement Program unless that widening is provided for in the Master Street and Highway Plan. The Capital Improvement Program is revised annually, and appropriate public hearings are conducted. Since the Master Street and Highway Plan does not address the timing of road improvements, the only source of information for projected improvement scheduling in the Capital Improvement ProgrdM. IV. Effect of Inclusion in the Master Street and Highway Plan The Master Street and Highway Plan identifies those road segments which will be improved to four or more lanes. Inclusion of any road segment in the Plan indicates the City's intention to acquire sufficient right- of-way for accommodating the planned improvement. Currently, the City has two methods for acquiring right-of-way: (1) through the development review process; and, (2) through a capital improvement @)roject. For right-of-way acquisition through the development review process, procedures follow the Major Right-of-Way Improvement Policy described below. It should be noted that, as stated earlier, the Master Street and Highway Plan addresses major road segments only. Residential local and collector street rights-of-way (50 and 60 feet wide respectively) are still acquired through development review, even though they are not on the Plan. When the first phase of development review involves an amendment to the Comprehensive Zoning Ordinance (rezoning), the rezoning may be approved subject to the acquisition of adequate rights-of-way for planned road improvements. Such acquisition shall include right-of-way widths as specified in the appropriate typical section in the Department of Public Works Standards and Specifications, or as determined by the Department of Public Works. In the ared Of intersections, right-Of-WdY widths should be adequate for accomodating necessary turn lanes, as determined by the Traffic Engineering Division'of the Department of Public Works. Requests for relief from or waiver of conditions resulting from the development review process should be directed to the Office of the City Manager. For roads already improved to their ultimdte width, inclusion in the Master Street and Highway Plan confirms the extent of planned improvements and graphically illustrdtes the overall network of major streets and highways. Although additional improvements in the form of widenings are not planned, improvements involving turn lanes, median cuts, and overall intersection improvements may become necessary. Right-of-way for such improvements may be acquired during development review or through a project in the Capital Improvement Program. V. Major Right-of-Way Improvement Policy When the Capital Improvement Program describes the ('Ity's plan for improving roadways on a time schedule dictated by ilhe priority of public need, then the right-of-way shall be acquired arid improved with public funds. However, there are situations where private parties generate the need for right-of-way acquisition and roadiqay improvements immediately, as opposed to on the public's time schedule. For these cases, the City's Major Right of Way Improvement Policy applies. A. On site plans and subdivisions, the developer shall be required to make right-of-way dedications and improvements whicli, as determined by the Director of the Department of Public Works, are necessary to accommodate development. In the absence of any unusual circumstances, this shall include the following: 1. Dedication of right-of-way in accordance with the City's Master Street and Highway Plan, except where such dedication bears no reasonable relationship to the proposed project; 2 Installation by the developer of turn lanes, median cuts, traffic signals and other similar features, if the need for them is substantially generated by the proposed development; 3. Construction, improvement, or widening by the developer of any roddway for which the need is substantially generated by the proposed development. B. In any case where the City has plans for a partiCUldr improvement for which the need is substantially generated by the generdl public, and the proposed development substantially generates the immediate need for the same type of improvement but of a smaller scale, then the City may require the developer to design and install the greater improvement, provided that it reimburses the developer for the difference in cost between the two items. C. If the Director of Public Works deems it m6re suitable that the developer escrow the cost of improvements rather than install them, he shall require same in accordance with the City's Escrow Policy. D. For purposes of this policy, an improvement shall be deemed to be substantially generated by a development if without the development there would be no need for it, and with the development proposed or contemplated the need can be shown by trdffic projections or other means to stem directly from the development. E. This policy shall not supersede or have dny effect on any agreements or conditions previously applied to any development. BE IT FURTHER ORDAINED: ThatSect ionVI of theprinciples and Polic ies Element of themaster Street and Highwdy Plan be amended by the addition of the following: VI. Access In addition. access control shall be maintained along local streets for a aistdnce of 1200 fee from the Point at which any Southeis-tern Expressway interchanqe ramp with the local street. Adopted by the Council of the City of Virginla Beach, Virginia, on the 13 day of July, 1987. (PORTIONS)* August 10, 1987 (PORTIONS)** IV AND V OF THE ONLY AMENDMENTS 6, 7, 8, 22 and 23 AND SECTIONS III, PRINCIPALS AND POLICIES EL@NT OF THE MASTER STREET AND HIGHWAY PLAN (AMENDED) AS WELL AS SECTION VI ADDED RELATIVE ACCESS WERE ADOPTED ON JULY 13, 1987. AMENDMENTS 2, 4 and 5 OF THE MASTER STHEET AND HIGHWAY PLAN WERE ADOPTED ON AUGUST 10, 1987. - 36 - Item IV-G.1 ORDINANCES/AGREEMENT ITEM # 27824 The following spoke in favor of the RECRFATIONAL FACILITIES BONDS: Sam Houston, 946 Oriole Drive, Phone: 428-0340 L. Lee Banks, 1901 Jack Frost Road, Phone: 464-4023 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council APPROVED upon FIRST RF.ADING: Ordinance authorizing the issuance of Recreational Facilities Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $32,850,000 subject to the approval of the qualified voters, 1987 Referendum. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker" and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote Councilman Moss requested to be advised between now and the FINAL READING, relative the tax whether same would be a lump sum, one vote one tax increase or a phasing plan to pay for the RECREATIONAL FACILITIES. Vice Mayor Oberndorf also said this Proposal should not include the cost of the purchase of any land. This should be a separate issue dealt with at another time. I AN ORDINANCE AUTHORIZING THE ISSUANCE 2 OF RECREATIONAL FACILITIES BONDS OF THE CITY 3 OF VIRGINIA BEACH, VIRGINIA IN THE MAXIMUM 4 AMOUNT OF $32,850,000 SUBJECT TO THE 5 APPROVAL OF THE QUALIFIED VOTERS 6 7 8 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 1. It is hereby determined to be necessary and 13 expedientifor the City of Virginia Beach to expand its recrea- 14 tional facilities by acquiring, constructing, and equipping 15 community recreational facilities in each of the Lynnhaven, 16 Bayside, and Princess Anne boroughs and renovating and improving 17 the existing Bow Creek community recreational facility, which 18 will promote the public welfare of the City and its inhabitants, 19 and to finance costs thereof through the borrowing of $32,850,000 20 and issuing the City's general obligations bonds therefor. 21 2. Pursuant to the City Charter and the Public Finance 22 Act, there are hereby authorized to be issued recreational faci- 23 lities bonds of the City in an amount not to exceed $32,850,000. 24 The bonds may be issued as a separate issue or combined with 25 bonds authorized for other purposes and sold as part of a 26 combined issue of public improvement bonds. 27 3. The bonds shall bear such date or dates, mature at 28 such time or times not exceeding forth (40) years from their 29 dates, bear interest at such rate or rates not to exceed the 30 maximum rate authorized by law at the time the bonds are sold, be 31 in such denominations and form, be executed in such manner and be 32 sold at such time or times and in such manner as the Council may 33 hereafter provide by appropriate resolution or resolutions. 34 4. The bonds shall be general obligations of the City 35 for the payment of principal of and interest on which its full 36 faith and credit shall be irrevocably pledged. 37 5. The bonds shall not be issued until approved by a 38 majority of the qualified voters of the City voting on the 39 question of their issuance at an election to be held in the City. 40 6. The City Clerk is hereby authorized and directed to 41 cause a certified copy of this ordinance to be presented to the 42 Circuit Court of the City of Virginia Beach, Virginia, which is 43 hereby requested to order an election to submit to the qualified 44 voters of the City the question of the issuance of the bonds 45 provided for therein. 46 7. This Ordinance shall be in full force and effect 47 from its passage. 48 Adopted by the council of the City of Virginia Beach, 49 Virginia, on the day of August, 1987. 50 51 Approved: 52 53 54 55 Mayor, City of Virginia Beach, 56 Virginia 57 58 FIRST READING: 59 60 SECOND READING: NOTE: A two-thirds (2/3) vote of Council is required for adoption. 2 - 37 - Item IV-G.2 ORDINANCES/AGREEMENT ITEM # 27825 Sam Houston, 946 Oriole Drive, Phone: 428-0340, spoke in favor of the Ordinance Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council APPROVED upon FIRST READING: Ordinance to accept and appropriate $165,000 from the U.S. Department of Housing and Urban Development for Rental Rehabilitation. Vice Mayor Oberndorf extended appreciation on behalf of City Council to Sam Houston for receipt of the book on LFADERSHIP, "The Rapids of Change" by Robert Theobald. 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 Requested by: Department of Housing and Community Development AN ORDINANCE TO ACCEPT AND APPROPRIATE @165,000.00 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR RENTAL REHABILITATION WHEREAS, the U.S. Department of Housing and Urban Development (HUD) has awarded a grant of $165,000.00 for the funding of rental housing rehabilitation; and WHEREAS, the City of Virginia Beach has developed a Rental Rehabilitation Program and has structured the necessary mechanisms for implementation in compliance with federal and local directives; and WHEREAS, the use of these funds for rental housing rehabilitation will increase the supply of standard rental housing units affordable to lower income families. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funding in the amount of $165,000.00 from HUD be accepted and funds appropriated to continue Rental Rehabilitation Program activities. FIRST READING:- August 10, 1987 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1 9 8 7 . APPROVED AS TO CONTENT: APPROVED AS TO FORM: iFary Ustick, ec-tor City Atto4ney Department of Housing and Community Development - 38 - Item IV-G-3 ORDINANCES/AGREEMENT ITEM # 27826 Sam Houston, 946 Oriole Drive, Phone: 428-0340, spoke in favor of the Ordinance Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council APPROVED upon FIRST READING: Ordinance to accept an entitlement grant from the U.S. Department of Housing and Urban Development and to appropriate approximately $2,160,000 for the Virginia Beach Community Development's Thirteenth Program Year. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress,* Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye Requested by: The Department of Housing and Community Development AN ORDINANCE TO ACCEPT AN ENTITLEMENT GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO APPROPRIATE FUNDING FOR THE COMMUNITY DEVELOPMENT THIRTEENTH PROGRAM YEAR W HER EAS , the U . S. Department of Housing and Urban Development (HUD) has awarded a grant of $2,160,000 for the funding of the Community Development Thirteenth Program Year, and WHEREAS, the U.S. Department of Housing and Urban Development has approved the Community Development Thirteenth Program Year budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funding from HUD be accepted and funds appropriated for the following projects and purposes: PROJECT BUDGET PROJECT AMOUNT CAPITAL IMPROVEMENT PROJECTS ALLOCATED Queen City Right of Way Acquisition $200,000 Seatack IIB Right of Way Acquisition $238,405 Seatack IIB Construction $475,000 Subtotal $913,405 HOUSING PROGRAMS Housing Rehabilitation $191,356 Replacement Housing/Relocation $166,191 Last Resort Housing Loans $248,831 Code Enforcement - Demolition $ 35,000 Code Enforcement - Housing Inspectors $ 47,728 Housing Counseling/Homesharing $ 45,561 Housing Programs Administration $172,620 Rental Rehabilitation Program Administration $ 38,575 Subtotal $945,862 OTHER Black Heritage Awareness Program $ 3,500 General Management & Oversight $301,369 Section 8 Program Administration $ 22,706 Virginia Beach Community Dev. Corp. (VBCDC) $ 88,490 Contingencies $ 90,599 Subtotal $506,664 TOTAL EXPENSES $2,365,931 REVENUES: ANTICIPATED 13TH YEAR GRANT $2,160,000 PROGRAM INCOME THROUGH JUNE 1987 $ 146,027 PROGRAM INCOME JUNE 1987 THROUGH JUNE 1988 $ 59,904 TOTAL REVENUE $2,365,931 That the appropriations will be financed by $2,160,000 in federal funds from the U.S. Department of Housing and Urban Development, and that appropriations will be financed by an additional $205,931 in program income generated by the Department of Housing and Community Development. FIRST READING: August 10, 1987 SECOND READING: Adopted by the Council of the City of Virginia Beach on the - day of 1987. APPROVED AS TO CONTENT: APPROVED AS TO FORM: Mary@. Ustick, @ctor City Attornel DepartmLent of Housing and Community Development - 39 - Item IV-G-4- ORDINANCES/AGREEMENT ITEM # 27827 Flora Haynie, 210 59th Street, Member - Virginia Beach Community Development Corporation, distributed information relative "FUND RAISING FOR THE BOARD OF HOUSING AND COMMUNITY DEVELOPMENT". (Said information is hereby made a part of the record.) Maryanne Ustick, Director of Housing and Community Development, advised an Executive Director of the Virginia Beach Community Development Corporation was not hired until July 1, 1986. In November of 1985, when the Contract was first approved, approximatley $85,000 was approved for administration. This money was not spent as staff was not hired until July First. These funds basically rolled over. When another contract was negotiated for the Fiscal Year 186, the funds were then reappropriated. There was an additional $135,000 appropriated in February 23, 1987, for the new construction program and this is just now beginning to be spent for the new houses. Mary Kay Horoszewski, Executive Director, Virginia Beach Community Development Corporation, advised she and an administrative assistant only oversee the construction, processing of papers and all else involved with the Homes. A MOTION was made by Councilman Fentress, seconded by Councilman Balko to ADOPT an Ordinance to authorize the City Manager to execute an agreement with the Virginia Beach Community Development Corporation to provide services to facilitate the overall revitalization of low and moderate income neighborhoods, to encourage private investment for TARGET areas and involve the community in the revitalization. A SUBSTITUTE MOTION was made by Councilman Perry NOT TO ADOPT an Ordinance to authorize the City Manager to execute an agreement with the Virginia Beach Community Development Corporation to provide services to facilitate the overall revitalization of low and moderate income neighborhoods, to encourage private investment for TARGET areas and involve the community in the revitalization until further information was received from HUD relative the approximate $160,000 received last year. MOTION FAILED FOR LACK OF A SECOND. Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council ADOPTED: Ordinance to authorize the City Manager to execute an agreement with the Virginia Beach Community Development Corporation to provide services to facilitate the overall revitalization of low and moderate income neighborhoods, to encourage private investment for TARGET areas and involve the community in the revitalization. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Ileischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John L. Perry Council Members Absent: None Requested by the Department of Housing and Community Development AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WHEREAS, the City of Virginia Beach desires assistance to provide services to facilitate the overall revitalization of low and moderate inconie neighborhoods, to encourage private investment in these neighborhood plans for target areas, and to involve the community in the revitalization of these areas; and WHEREAS, the Virginia Beach Community Development Corporation (VBCDC) is a non-profit organization which may assist residents of Virginia Beach in the utilization of available resources to meet their needs; WHEREAS, the City wishes to enter into a contract with the VBCDC to provide this assistance to residents; and WHEREAS, the City shall monitor the VBCDC to ensure compliance with U. S. Department of Housing and Urban Development (HUD) fiscal and performance requirements for subrecipients of Community Development Block Grant (CDBG) funds; and WHEREAS, the VBCDC shall comply with the City's Grant Guidelines for Agencies Receiving Funds from the City of Virginia Beach to fund activities which benefit the citizens and the community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the attached Agreement is hereby approved and the City Manager is hereby authorized and directed to sign the agreement with VBCDC for the purposes referenced above and for the terms and conditions more fully specified in an agreement attached hereto and incorporated by reference. This ordinance shall be effective from the date of its adoption. Adopted by Council of the City of Virginia Beach, Virginia on the 10th day of August 1 987 - Attachment APPROVED AS TO CONTENT: APPROVED AS TO FORM: Mary@ . Ustick, @irector City Attor@y Departm@nt of Housing and Community Development 2 - 40 - Item IV-G.5. ORDINANCES/AGREEMENT ITEM # 27828 Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Authorization for the City Manager to enter into an "Agreement for Disposal of Ash and Residue" with Southeastern Public Service Authority of Virginia (SPSA) on City owned property at Landstown. 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 ITEM II (d) A OF LEASE THIS LEASE is made this day of 1987, bY and between the CITY OF VIRGINIA BEACH, VIRGINIA, a munic- ipal corporation, hereinafter called "Lessor,' and the SOUTH- EASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA, hereinafter called 'Lessee,' in which the CITY OF NORFOLX, VIRGINIA also joins for the purposes herein set forth. WITNESSETE- That for and in consideration of the premises and of the covenants hereinafter contained, and other valuable con- siderations, the parties hereto agree as follows: 1. Lessor hereby demises and leases unto the Lessee the premises situated in the City of Virginia Beach, Virginia described in Exhibit A attached hereto and made a part hereof (the *Premises'). 2. Said Premises shall be used for the construction and operation by Lessee of a za---use transfer station, includ- ing necessary appurtenances and improvements, and for no other purpose whatsoever without the written consent of Lessor being fir3t requested and obtained. Pursuant to the terms of that deed of conveyance by which the land of which the Premises are a part were conveyed from the City of Norfolk, Virginia, to Lessor, use of the Premises is limited and rest-icted for the ceztain municipal and other purposes therein set forth, and the City of Norfolk, Viz-!7inia, hereby joins in this Agree- ment solely as evidence of ;.@-3 agreement that the uses of 2 the Premises by Lessee which are herein contemplated and per- mitted are acceptable to the City of Norfolk, Virginia, and are deemed by it to be consistent with and p-ei-mitted by the terms of the restrictions imposed by said citir in its prior conveyance to Lessor. 3. The term of this lease shall commenc-e on 1987, and shall terminate on , 201.7. Lessor grants to Lessee, in addition, the right at Lessee's sole option to renew this lease for an additional term of thirty (30) years upon the giving by Lessee of written notice to Lessor of its intention to so renew. 4. Lessee covenants and agrees to pay to Lessor as rent for the Premises the sum of $10 per year for the initial term, and any renewal term, hereof. 5. Lessee may, at its sole cost ana expense, make such changes, alterations, or improvements (including the construc- tion of buildings) as Lessee may deem necessary or appropriate for use of the Premises for the purposes herein specified and permitted, and all buildings, fixtures and improvements of every kind and nature installed by Lessee shall remain the property of Lessee who may remove the same upon the ter- mination of this lease, provided that such removal shall be carried out in a manner so as to not injure or damage the demised Premises. Lessee agrees to submit construction plans for such improvements to Lessor for review and approval prior to the initiation of any construction of imprc.vements, and 1- 3 - Lessor agrees that its approval of such plitns Shall not be unreasonably withheld. 6. Lessee represents that it has intipected and examined the demised Premises and accepts them in their present condi- tion and agrees that Lessor shall not be required to make any improvements or repairs whatsoever upon the Premises or any part thereof. Lessor and Lessee acknowledge, however, that they have entered into or intend to enter into a separate agreement between them Providing for the provision and payment by them for certain design and construction services in con- nection with improvement of the Pre-mises and develop ent of adjacent areas. Lessee agrees to make any and all improvements and repairs on the Premises at its sole cost and expense and agrees to keep the Premises safe and ill good order and con- dition at all times during the term hereof. Cpon expiration of this lease or at any sooner termination thereof, the Les,ee will quit and surrender Possessi.on of the Premises quietly and peaceably and in as 900d order and condition as the same @ere at the co=encement hereof, reasonable wear, tear, and damage by the elements excepted. Lessee further agrees to leave the Premises free of all nuisance and dangerous and defective conditions. 7. Neither the demised Premises nor any portion thereof shall be sublet, nor shall this lease or any interest therein be assigned or mortgaged by Lessee without the prior written consent of the Lessor. 4 8. Lessee shall save Lessor harmless from any loss, cost or damage that may arise out of or in connection with the lease or the use of the demised Premises by the Lessee or its agents or by any other person using the Premises, ex- cepting loss, cost or damage arising as a result of any acts or failures to act of Lessor, its agent and employees, in the use of the Premises. 9. All notices required to be given to Lessor hereunder shall be given by certified or registered mail addressed to it at the office of the Virginia Beach City manager, at the mailing address set fort@ below. All notices required to be given to the Lessee hereunder shall be given by certified or registered mail addressed to it at the office of the Execu- tive Director, at the mailing address set forth below. Either party may change the address to be used for the giving of notice to it, by means of notice to the other. 10. This Agreement contains and represents the entire understanding and agreement of the parties with respect to the matters herein set forth, shall be go-7erned and construed in accordance with the laws of the Common,wealth of Virginia and may be modifi.ed or amended only by fu:rther written agree- ment executed by Lessor and Lessee. WITNESS the following signatures and seals: ATTEST: CITY OF VIRGINIA BF.ACH, VIRGIVIA By: City Clerk By. City Manager ADDRESS: ATTEST: SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA By: By: City Clerk Its: ADDRESS: ATTEST; CITY OF NORFOLK, VIRGINIA By: By: City Clerk Its: - 41 - Item IV-G.6 ORDINANCES/AGREEMENT ITEM # 27829 In response to Councilwoman McClanan's inquiry, the City Manager advised the City would be selling the TRASFER STATION at Virginia Beach Boulevard and also approximately 153 acres of property at the Landfill Site. These funds will be more than enough to cover this appropriation. Upon motion by Vice Mayor Oberndorf, seconded by Councilman Balko, City Council APPROVED upon FIRST READING: Ordinance to appropriate $2,766,250 to Project #2- 075 Rosemont Road-Phase IV to fund the City's share of costs for improvements to adjacent roadways and facilities in connection with the Landstown Refuse Transfer Station. Relative these Ordinances, Councilman Moss requested the funding source be clearly identified and the timetable by which the funds will be available. Voting; 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley,* Mayor Robert G. Jones,* Reba S. McClanan,* John D. Moss, Vice Mayor Meyera E. Oberndorf,* Nancy K. Parker and John L. Perry" Council Members Voting Nay: None Council Members Absent: None *Verbal Aye CA: AN ORDINANCE TO APPROPRIATE $2,766,250 TO PROJECT #2-075 ROSF14ONT ROAD-PHASE IV TO FUND THE CITY'S SHARE OF COSTS FOR IMPROVEMENTS TO ADJACENT ROADWAYS AND FACILITIES IN CONNECTION WITH THE REFUSE TRANSFER STATION WHEREAS, on February 3, 1986 Council approved the Landstown site as the location of the proposed Southeastern Public Service Authority (SPSA) refuse transfer station, and WHERF-AS, the SPSA Board of Directors subsequently approved the attached agreement for road improvements and a waste water pumping station and force main, to serve the transfer station and other property of the city in the transfer station vicinity, and WHEREAS, the City desires that SPSA undertake additional studies, improvements, and construction not required for the use and operation of the Transfer Station but for the use and well being of the citizens of the City, and WHERF-AS, the total project cost is estimated at $3,766,250 with SPSA responsible for a maximum amount of $1,000,000 and the City responsible for the remaining amount of $2,766,250 and WHEREAS, the City's share will be financed from revenues to be received from SPSA. NOW, THEREFORE, BE IT ORDAINED BY THE COTJNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that Project # 2-075 Rosemont Road - Phase IV is hereby estab- lished as a capital project and funds in the amount of $2,766,250 is hereby appropriated in the capital project account to provide for the City's share of costs in connection with the construction of the improvements for the transfer station, and BE IT FURTHER ORDAINED that the appropriations be offset by a corres- ponding increase in estimated revenues in the capital project fund to reflect expected revenues from SPSA. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1987. August 10, 1987 FIRST RFADING: SECOND READING: SPSAORD ITEM 11 (e) AGREEMENT FOR L7NGINEERING DESIGN AND CONSTRUCTION THIS AGREEMFNT is made the _ day of 1987, by and between the CITY OF VIRGINIA BF-ACE, VIRGINIA, a municipal corporation, hereinafter called @City", and the SOUTI]EASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA, herein- after called "SPSA'. WITNESSETH: WHEREAS, City and SPSA have agreed to a long-term lease by SPSA from City of certain property (the "Premises') lo- cated in the City of Virginia Beach, Virginia, for use by SPSA in the construction and operation of a refuse transfer station (the "Transfer Station'), and the parties hereto have executed or will execute an Agreement of Lease for that pur- pose; and WHEREAS, in connection with the construction of the im- provements on the Premises and its use for the Transfer @ta- tion certain improvements to adjacent roadways and facilities are necessary and desirable; and WIIERFAS, City desires that SPSA tindertake for City cer- tain additional studies, improvements, and construction not recuired for the use and operation of the Transfer Station but for the use and well being of the citizens of th@ City of Virginia Beach; and WHEREAS, C--'@-v desires that SPSA coordinate and undertake all such s-ludies, improvemrnts and construction so that they may be managed, designed, and carried out in an integrated, efficient, and economical manner; and 2 WHEREAS, the parties hereto desire by this agreement to set forth herein the work and services to be performed and the obligations of the respective parties for payment of the costs thereof. NOW, THrREr-ORF,, in consideration of the premises and the mutual benefits and obligations of the parties set forth herein, and other good and valuable consideration@ receipt of which is hereby acknowledged, the parties hereto do hereby agree as follows: 1. SPSA shall contract for all engineer,'-ng and other services necessary for the design and preparation of plans of construction of Rosemont Road in Virginia Beach, with such design inclusive of four vehicular lane8, from the point o-@ such road's point of ter-mination as of the date hereof in the Green Run area of Virginia Beach to an intersection with existing Landstown Road. in addition, SPSA shall contrac-I for the construction of the said Rosemont Road as designed, but containing onlv two lanes from such road's present ter- mination to the Landstown Road intersection. 2. SPSA shall contract for all engineeri-ng and other services necessary to evaluate the intersection of Landstowr. Road and Rosemont Roaci in Virginia Beach, as designed pur- suant to the terms of paragraph 1 above, wi-lh respect tc existing vehicular traffic and additional vehicular traffic at such intersection anticipited in connection with ingress_ and egress to the Transfer Station. T@ose items to be 3 reviewed and an,-lyzed sball include, but not be limited to, the potential need for- realignment of Landstown Road, intersection design, and signalization. Following completion of such engineering studies, SPSA shall furnish City with a written report and analysis, containing such recommendations as may be made for the redesign, construction, or improvement of sucb intersection. Following completion of such report, SPSA sliall contract for any improvements to such intersection,, including but not limited to redesign of existing roadways and signalization, requested by City on the basis of such repor or otherwise, siich work to be carried out at tbe sole expense of City. 3. SPSA sball contract for review and analysis of all drainage requirements in connection with the design and con- struction of Rosemont Road as described under paragraph 1 above, in connect;-on with the construction and use cf the Transfer Station, and in connection with City's ex'--;z--'.Ig public works/public utilities storage yard located on Landstown Road. Following completion of such study, SPSA shall present to City the analysis and recommendations of its engineers, shall contract for any improvements or modifications for such drainage ourposes recommended in connection with the constructi-on =-nd use of the Transfer Station, and shall also contract for any additional improvements for such drainage purposes reauested b-, City on the basis of such recommendations or otherwise, it heing 4 understood that SPSA shall have no responsibility for the cost of any such additional improvements or modifications except those associated with the Transfer station construction and use. Acquisition of all rights-of-way, easements, or title to property necessary for purposes of any improvements or modifications carried out under this par- agraph 3 shall be undertaken by City at its sole expense. However, SPSA agrees to contrac:t for the provis@@-@on to CitY of anv plats necessary for the ac,-TU,'-sition by c,.,@y of any such rights or interests. 4. SPSA shall contract for the design and construction of a wastewater pumping station and forcemain wi-th the desicjn capability of serving the Transfer S-lation and willh such ad- ditional design capability as City may reaues-@ for service to proper-@y of Ci--,-i in the Transfer Sta@--'-C:@ v;-c4-n4-ty. ci,y shall pro,.r-@(ie S-:-,. all 4-n-Formation c-- --oec---ica- @a- necessary @,@ enl- e-@--neer to des"c:7 suc- cil4-@-4-es w4-th tl,.@ c--cah4-'- des,'--@ed bv City, an@. uoon com- of -h des,'-gn, the specifica-lions ane. ca-@abili-ties pletion su as designe@ sha'----- be presented to C4-y for ;-s re,liew and I -- anc--o,i--!. aqrees to ccmo-,------- i-s re,;--ew w,-thi-n a per4Z:; submiss-'-on c-@ @.2s4-cn to it, a-(! 7-, S?S:% anv -4ur@@her @es-'-cr. @cci4-i-7,'-cations ocer"y and by i-- fc-- t-- ou-@,-D.3e cl: serv;-ng Ci-,,, or S- -.. z- - 'i e to be f es , whi-ch caus incorr)orated in final des;-gn of the pumr-;-n@ szation and forcemain. For the services and work to be performed hereunder, but subject to the limitation on SPSA's responsibilitY set forth in paragraph e. below, the parti-es shall be responsible for payment of costs and expenses as follows: a. For the services and construction with respect to Rosemont Road described under paragraph 1 of this Acree- ment, SPSA shall pay all cos"s associated with construct'-cn of two lanes of Rosemont Roa@ from tlie intersection of Lan@s- town Road to the northwestern intersection of Rosemon-I Rca@ with the Transfer Station site. In addition, SPSA shall pay the costs and e.,:nenses of the design of such portion of Rcse- mont Road as a ttio-lane roa@, with SPSA's share of such ccs-'s and expenses to be determine(2 in the proportion that the cost o@ design of such porticr,. c- the road bears to the tc--.,'- @-nd e.,cpenL--s of desi,7n Rosemont Road to be perfo-@.,.@-@- ac- e r p u:7 t o p r - , 1. City shall reimburse o- for all- other co5zs E;,-id expenses of the desic:;-. construction of Rosemont Rca@ as hereunder described. b. C4---,i shill rE!4-,nhurse SPSA or pay for the cost of all serviccs anci e:@T)e@-is@s associated wi@@h the evalua@@4-on and analys4-s c-@ the, Lin@-7t--w-n Road and Rosenont Road in---3r- s@c"-@cn, as naragraph 2 of this Agreemen-1. C. For t',-- r2-7-'-ew, analysis, and preparation and -@-@ntation of recommendations relating to drainage require- improvements, and modifications, and for the construc or any such improvemen"s and mcdifications as described 6 in paragraph 3 of this Agreement, SPSA shall pay those costs and expenses associated with the construction and use of the Transfer Station. City shall reimburse SPSA or pay for all other costs and expenses Incurred in connection with those services and work, including the cost of any plats prepared by SPSA for City. For purposes of apportioning the respec- tive costs and expenses of the parties, it is understood and agreed that any services cr work in connection with drainage require.ments of the desian, construc@@4-on or use of Rosemont Road or CitY facilities shall be deemed to be incremental to serv-@@ces or work assoc,*@ated with the Transfer Stat4@on so that if e,<isting drainage is found adequate for operation of the Transfer Station, any drainace modifications or im- provements required for operation of the Transfer Station when a:-.alyzed in conjuncticn wi-th imdrovements to Rosemont Road c:, the use or improvement of city's facilities shall be at-ributable to those imcrovements or fac@'-l-ities and the ccs-@s and e:cpenses of such mcdificat4-ons or i.,nDrove- ments shall be borne srlely by City. d. For design and constructi-on of the was-,ewater pUMr4 lg enain as described in paraaraph 4 slation and forc SPSA shall pa,7 a proportionate Larl- of C,- t-4.s Agreement, t'.ie --otal costs and ecpenses of such design and construction de-,e-@-'-ned on the basis of the ratio that the flow capacity of such facilities specified by SPSA and designed to serve the Transfer Station site bears to the total flow capacity 7 of the final design approved by the parties. City shall re- imburse SPSA or pay for all remaining costs and expenses as- sociated with such design and construction. e. Anything herein to the contrary notwithstand- ing, SPSA's liability for all costs and expenses as set forth under the preceding paragraphs a. through d. shall not exceed the aggregate amount of One Million Dollars ($1,000,000-00), and if the costs and expenses of those services and work for which SPSA is othe--wise liable shall e:cceed that amount, Ci--,-/ shall be solely resr)onsible for paymen-I cF- all aclditional amounts. 6. It is contemplated on the date hereof that all en- gineering services to be provided by SPSA under this Agree- ment shall be performed under con@lract b,i its engineerina consultant HDR Techserv, Inc. The ccs-'s and expenses tc borne by the par-@'---s hereto shall include a7-l- amounts under contract 11- engineeri-ng, cons--ruc--4-cn, a--id materials, labor, cr equipment required fo-- t'@e perforn----.--- of the work hereunder described, togethe-- all necessa:-v accounting, legal, s@,irveying, and other reci,--red services. SPSA agrees tha-- all contracts for the r@-r-@c---nance of work under thi.s Ac@-ree!n(-,nt shall prov4-(]e @@2- @@he wor', t7 performed in a r, e i-' f --'cient, e c c:,. -Cand wo--@c-nan 1 i manner; shall be administered in accordance with -7 -ie applicable provisions of the Virgin4-a Public Procure.,nen@@ and shall provide for all fees and cos-'s due thereund=-i 8 be itemized and calculatedin a manner which will enable the parties to readily determine their respective financial obligations under this Agreement. All statements or invoices for the work and services to be perfor-med shall initially be submitted to SPSA, and SPSA shall submit copies of such statements or invoices, with all. accompanying documentation, to City within five days of receipt thereof by SPSA. city agrees to make prompt payment of all amounts under such invoices and statements for which City is responsible wi-thin the t4-me required for payment under the governing contrac" (or if no time shall be specified, within 30 days following receipt of such invoice or statement), by pavment to SPSA or, if requested by SPSA, bv paytnent directly to the contractor entitled thereto. 7. City agrees "o provide all necessary engi-neeri-,-Ia staff- support and ser-@--i--es for rev4---@-i and ccordina-@'cn it o@- the work to be unde-- t.i-'-s Agree-.nen-1; pedite review and apuzfD,;--- of all roi:--es and locat@*@ci---- for d 4f4-cations to be cons-ructe@, includ- the improvements an mce ing site plan rev'-ew for the Transfer S"ation; and tn prolide such other ass4-s-lance as may be requ;---,--,-: to comr)le@-e the work and serv4ces her=,jr.@ =r describe@ a- e:c-@@-"-ous, and econcm--'----l manner. a@-:ees to the cos-'s and e.-cpens@-s of al-i recr=s@ary a7-,- prov.---- and pay appropriate monitoring o@ construc--;-ci --f improvements modif-@---@--.ions -to be per@@@rmed hereund2f on premises other than -lh=- Transfer Station s4-,,--. 9 SPSA agrees to devote its best efforts and the ser- vices of its staff to the performance of this Agreement in an expeditious, economical, and efficient manner. 9. Each party agrees that all contracts entered into by them for construction, alterations or improvements shall require the contractor and all subcontractors to furnish and rnaintain public liability, property damage, workmen's compen- sation, and other insurances in amounts and for-;n satisfactory to both parties hereto, and indemnifying and holdina the par- ties hereto harmless against any and all clai-.ms arising oul@ or in connection w@*-Ih the performance of wcrk or services by such contractors. 10. All notices required to be given to City hereunder shall be given by cer"ified or registered mail, or delivered in person, address@@ to it at the office c@ the Virgin-@a Beach City Manager, a-- the address shown be'-clq. All notice-@ recu@red to be c:'-.-@@ to SPSA hereunder @@e given b,' cer-@i-@ied or reg'-sz--red mail, or hand del4--7are@-, addressed to i-, at the office cf its Executive Director, a-- "he address sho@,rn below. Ei@-her party may, bv means c---- n--Ili-ce to the other, change the address to which notice --c i-- is to be given. 11. Th-*-:3 Ac::2ement contains the enti-@e unders-landi:,@,7 and agreement o@- the parties as to the mat'lers herein se- forth; shall be governed and construed in accordance w4-@', 10 the laws of the Commonwealth of Virginia; and may be modified or amended only by further written agreement executed by both parties hereto. WITNESS the following signatures and seals: ATTEST: CITY OF VIRGINIA BF-ACH, VIRGINIA By: By: City Clerk City Manager ADDRESS: ATTEST: SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA By: By: Its: ADDRESS: :p IcnI TO CITY F/ B E E3 U IL B Y iT@@p @L NDS FUTURE 2 LA@IE TO BE 13UILT Y--CIT OT T 0 C\@ L E'@ 0 VVN ROAD -qG, L S/To - 42 - Item IV-G.7. ORDINANCES/AG T ITEM # 27830 Walter C. Kraemer, Jr., Director of Budget and Evaluation, responded to City Council inquiries, advised the City has collected revenue form the State for these expenditures but chose this particular route as a more expedient method of appropriating the additional funds by transferring the surplus funds elsewhere in the budget. The other technique is to appropriate the increase in revenue received from the State for the 4-1/2; however, this entails two readings. John Herzke, Traffic Engineer, advised there was less expended on energy consumption than anticipated and thus the surplus of $100,000. Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to transfer FY 86-87 appropriations within various departments to match appropriations and expenditures. 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 AN ORDINANCE TO TRANSFER FISCAL YEAR 1986-1987 APPROPRIATIONS WITHIN VARIOUS DEPARTMENTS TO MATCH APPROPRIATIONS AND ITURES WHEREAS, unanticipated conditions caused the expenditures of various city budget units to exceed their appropriations, and WHEREAS, other budget units have excess appropriations in amounts greater than those budget units exceeding their appropriations, and WHERF-AS, the city desires to reallocate appropriations to alleviate the variance between expenditures and appropriations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that appropriations be transferred as follows: F.nd/Budget Unit/Department Amount GENERAL FUND: Transfers To: 05005 - Training (Personnel Department) $ 25,000 06034 - Corrections Operations (Sheriff's Department) 55,000 06210 - Management and Support (Juvenile Probation) 35,000 16020 - Management and Support (General Services) 120,000 Total Transfers To $ 235,000 Transfers From: 10250 - Traffic Design/Administration (Public Works) $ 100,000 10312 - Refuse Collection (Public Works) 135,000 Total Transfers From $ 235,000 This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of August 1987. APPROVED AS TO CONTENT SIGNATUIIE DEPARTMENT ITY AITOIZNEY CSR/5 CLOSOUT7 - 43 - Item IV-G.8 ORDINANCFS/AGREEMENT ITEM # 27831 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council DEFERRED this Ordinance until the City Council Meeting of October 5, 1987. This DEFERRAL will enable a BRIEFING by the Commonwealth Attorney. 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 Local Government Conflict of Interests Act. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress,* Harold Heischober,* Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 44 - Item IV-H CONSENT AGENDA ITEM # 27832 Upon motion by Councilman Fentress, seconded by Councilwoman Henley, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7 and 8 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 45 - Item IV-H.l. CONSENT AGENDA ITEM # 27833 Upon motion by Councilman Fentress, seconded by Councilwoman Henley, City Council ADOPTED: Resolution requesting the Virginia Department of Transportation to include in the design and construction improvements for High Occupancy Vehicle (H.O.V.) lanes along Interstate 64 from the Norfolk-Virginia Beach Expressway (Route 44)/Interstate 264 interchange to the Interstate 564 interchange. 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 - 46 - Item IV-H.2. CONSENT AGENDA ITEM # 27834 Upon motion by Councilman Fentress, seconded by Councilwoman Henley, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 21-273 of the Code of the City of Virginia Beach, Virginia, pertaining to suspended/revoked License. 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 APPROVED AS Tc, CONTEt4T DE F" C@ f't A@ iu.-(INEY 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 21-273 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO SUSPENDED/REVOKED 5 LICENSE 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 21-273 oE the Code oE the City of Virginia 10 Beach is hereby amended and reordained to read as follows: 11 12 13 Section 21-273. Driving while license, permit or privilege to 14 drive suspended or revoked. 15 16 (a) Except as otherwise provided in sections 46.1- 17 352.1 and 46.1-387.8 of the Code of Virginia, no person, resident 18 or nonresident, whose operator's or chauffeur's license or 19 instruction permit or privilege to drive a motor vehicle has been 20 suspended or revoked or who has been directed not to drive by any 21 court or by the commissioner or by operation of law pursuant to 22 the provisions of title 46.1 or section 18.2-271 of the Code of 23 virginia or this chapter, or who has been forbidden, as 24 prescribed by law, by the commissioner, the state corporation 25 commission, the state highway commissioner, any court or the 26 superintendent of state police, to operate a motor vehicle in 27 this state, shall thereafter drive any motor vehicle or any self- 28 propelled machinery or equipment on any highway in this city, 29 unless and until the period of such suspension or revocation 30 shall have terminated. 31 (b) Any person violating this section shall, for the 32 first offense, be confined in jail not less than ten (10) days 33 nor more than six (6) months, and may, in addition, be fined not 34 less than one hundred dollars ($100.00) nor more than two hundred 35 dollars ($200.00). For the second or subsequent offense, such 36 person shall be confined in jail not less than two (2) months nor 37 more than one year, and may, in addition, be fined not less than 38 two hundred dollars ($200.00) nor more than one thousand dollars 39 ($1,000.00). Except in a case where the violation of this 40 section arose out of a revocation of the defendant's license for 41 nonpayment of a fine or fines pursuant to section 46.1-423.3, of 42 the Code of Virginia, the court shall not suspend the entire jail 43 sentence in any case, but may, in its discretion suspend a 44 portion thereof. However, this section, in the discretion of the 45 court, shall not apply if the operation of the motor vehicle was 46 due to an emergency involving danger to the health or life of any 47 person or to property. The court may, in its discretion, 48 prescribe that the jail sentence shall be served at such time or 49 times as the court may direct after considering the circumstances 50 of the person convicted of violating this section. 51 (c) In addition to the provisions of subsection (b) 52 above, the court shall suspend or revoke such person's license, 53 permit or privilege to drive for the same period for which it had 54 been previously suspended or revoked when such person violated 55 this section. In the event such person has violated this section 56 by driving during a period of suspension or revocation which was 57 not for a definite period of time, the court shall suspend or 58 revoke such person's license, permit or privilege to drive for 59 an additional period not to exceed ninety (90) days. Any 60 additional suspension ordered under the provisions of this 61 section shall commence upon the expiration of the previous 62 suspension or revocation, unless such previous suspension or 63 revocation has expired prior to the ordering of an additional 64 suspension or revocation. 65 Adopted by the Council of the City of Virginia Beach, 66 Virginia, on the 10 day of August 1987. 67 68 WEB/epm 69 07/23/87 70 CA-02365 71 \ordin\proposed\21-273.PRO 72 73 2 - 47 - Item IV-H-3- CONSENT AGENDA ITEM # 27835 Upon motion by Councilman Fentress, seconded by Councilwoman Henley, City Council ADOPTED upon SECOND READING: Ordinance to accept and appropriate $3,090 in additional State aid funds into the Library Department's FY 87-88 Operating Budget. 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 AN ORDINANCE TO ACCEPT AND APPROPRIATE $3,090 IN ADDITIONAL STATE AID FUNDS INTO THE LIBRARY DEPARTMENT'S FY 87-88 OPERATING BUDGET WHEREAS, the Commonwealth provides annual funding assistance to public libraries for the purpose of acquiring books and related materials, and WHEREAS, during the preparation of the FY 87-88 operating budget, the anticipated amount of State Aid was estimated to be $245,290 and was appropriated into the Library Department's operating budget, and WHERF.AS, the Virginia State Library Department has notified the City the actual amount of State Aid available for FY 87-88 will be $248,380 which is $3,090 greater than estimated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $3,090 be added to the FY 87-88 operating budget of the Library Department with a corresponding increase in estimated revenues. This ordinance shall be in effect from the date of its adoption. Adopted this _ day of August, 1987, by the Council of the City of Virginia Beach, Virginia. FIRST READING: August 3, 1987 SECOND REKDING: August 10, 1987 T': "O FNT @T @y SWJ/LIBSTAID.ORD - 48 - Item IV-H.4. CONSENT AGENDA ITEM # 27836 Upon motion by Councilman Fentress, seconded by Councilwoman Henley, City Council ADOPTED Ordinance to transfer $1,200,000 to Project #6-925 Atlantic Avenue Improvements to allow acceleration of the construction schedule in connection with the Atlantic Avenue Demonstration Project. Clarence Warnstaff, Director of Public Utilities, advised Councilwoman Parker the City shall be starting at the deepest part of the system at 30th Street, and working back up. 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 APPROVED AS Tcl- CONTENT SIC,NATLIRE D E P A R TV, ", T TQFORM AN ORDINANCE TO TRANSFERS FUNDS OF $1,200,000 ,,E TO PROJECT #6-925 ATLANTIC AVENUE IMPROVEMENTS C!-,Y /,ITCr?,N!EY TO ALLOW ACCELERATION OF THE CONSTRUCTION SCHEDULE IN CONNECTION WITH THE ATLANTIC AVENUE DEMONSTRATION PROJECT WHEREAS, on January 5, 1987 Council approved a resolution to proceed with design and construction of the Atlantic Avenue Circulation/Demonstration Project referred to as "Superblocks", with construction scheduled to begin in October 1988, and WHEREAS, to facilitate installation of underground public utilities as part of the "Superblocks", it is necessary to accelerate design and begin construction of the sanitary sewer from 19th Street to 30th Street by October 1987, and WHEREAS, the sewer construction is incorporated in project #6-925 Atlantic Avenue Improvements but due to the acceleration of the schedule and increase in scope, project #6-925 will need an additional $1,200,000 to cover expected construction costs, and WHEREAS, the additional funds needed may be transferred from existing projects which are either on hold or are anticipated to have excess appropria- tions. NOW, THEREFORE, BE IT ORDAINED BY THE COIJNCIL OF THE CITY OF VIRGINIA BF-ACH, VIRGINIA that funds in the amount of $1,200,000 are hereby transferred between capital projects as shown below to allow the acceleration of the con- struction schedule of project #6-925 Atlantic Avenue Improvements. Transfer from: Amount Project #5-952 Providence Road Main-Phase V $ 909,000 Project #5-990 Virginia Beach Blvd.-Phase II 291,000 Transfer to: Project #6-925 Atlantic Avenue Improvements 0 000 This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of August 1987. - 49 - Item IV-H-5- CONSENT AGENDA ITEM # 27837 Upon motion by Councilman Fentress, seconded by Councilwoman Henley, City Council ADOPTED: Ordinance to transfer $456,250 to Project #2-6oo Virginia Beach Boulevard-Phase II from Project #2- 936 Ferrell Parkway-Phase IB. Walter Kraemer, Director of Budget and Evaluation, advised with the recent Law Suit from the National League of Cities, additional revenue sharing funds will be received of approximately $260,000, which will be used in conjunction with the ADOPTION of the City's current CIP to replace the funds for Ferrell Parkway 1B. This transfer will not slow down the development of Ferrell Parkway. 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 AN ORDINANCE TO TRANSFER $456,250 TO PROJECT #2-600 VIRG@ BEACH BOU1"ARD - PIIASE II FRCH PROJECT #2-936 FERRELL PAF"AY - PME IB WHEREAS, in the adopted FY 1986-87/FY 1990-91 Capital Improvements Program, City Council approved project #2-600 Virginia Beach Boulevard-Phase II at an estimated city cost of $1,633,750, and WHEREAS, based upon the cost estimates included in the City/State agreement prepared by the Virginia Department of Transportation, the estimated city cost of project has been revised to $1,800,000, and WHEREAS, appropriations in the amount of $1,343,750 have been provided to date with an additional $456,250 required to fully fund the project, and WHEREAS, the additional $456,250 may be provided by the transfer of appropriations from project #2-936 Ferrell Parkway-Phase IB with funding for that project to be reprogrammed in the next addition of the Capital Improvements Program. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that appropriations in the amount of $456,250 be transferred to project #2-600 Virginia Beach Boulevard-Phase II from project #2-936 Ferrell Parkway-Phase IB. BE IT FURTHER ORDAINED that the City Manager is hereby authorized to enter into a City/State participation agreement with the Virginia Department of Transportation for the construction of project #2-600 Virginia Beach Boulevard- Phase II. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of A,, g,, 1987. KAR/I ORD31 AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND VIRGINIA DEPARTMENT OF TRANSPORTATION The City of VIRGINIA BEACH, Commonwealth of Virginia, hereinafter referred to as VIRGINIA BEACH, and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT, hereby agree as follows: 1. The DEPARTMENT will prosecute a project for the improvement of 3.070 miles of Virginia Beach Boulevard within VIRGINIA BEACH from 0.017 Mi. E. North Rosemont Road, Station 261+01.73 to 0.270 Mi. E. North Great Neck Road, Station 423+00.00 and designated as Route 58, Project 0058-134-101, PE-101, RW-203, C-503, B-602. 2. VIRGINIA BEACH approves the plans as designed and requests the DEPARTMENT to submit the project with recommendation that it be approved by the Commonwealth Transportation Board and agrees that if such project is approved and constructed by the DEPARTMENT, VIRGINIA BEACH, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenanoe. 3. VIRGINIA BEACH agrees to comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this project with municipal forces or its agent at project expense. 4. VIRGINIA BEACH agrees to comply with Title VI of the Civil Rights Act of 1964 and the Virginia Fair Employment Contracting Act, Sections 2.1-374 through 2.1-376 of the Code Of Virginia (1950), as amended. 5. VIRGINIA BEACH agrees that prison labor will not be used for any purpose whatsoever on this project. 6. VIRGINIA BEACH agrees that the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or other agency, shall be subject to the approval of the DEPARTMENT. 7. VIRGINIA BEACH agrees that the location and installation of UtilitY Poles, lighting standards, traffic signal poles or any other facilities installed or placed within the right of way by any Public authority, or other agency, shall conform to VDOT Land Use Permit Manual or be subject to the approval of the DEPARTMENT. -2- 8. Parking will be prohibited at all times on both sides of this project. 9. Where parking is prohibited, appropriate NO PARKING signs shall be erected, The signs shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices. 10. VIRGINIA BEACH agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number of or width of traffic lanes, any additional median crossovers or enlargement of existing median crossovers, or any alternations to channelization islands, without the prior written approval of the DEPARTMENT. 11. VIRGINIA BEACH agrees to prohibit all motorized vehicles, exoept those for maintenance purposes and where snow conditions and regulations permit snowmobiles, from using the bikeways and walkways which are constructed as a part of this project. 12. VIRGINIA BEACH agrees to participate in the actual cost of this project which includes a special provision for price adjustment in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs: PROJECT COST VIRGINIA BEACH'S SHARE ITEM ESTIMATED COST % AMOUNT Preliminary Engineering $ 600,000.00 15 $ 90,000.00 RW-203 6,900,000.00 5 345,000.00 Utilities C&P Telephone 2310697.00 5 11,584.85 Virginia Power 288,101.00 5 14,405.05 Va. Beach Pump Sta. 307,111.00 5 15,355.55 Consultant for HRSD 41,719.00 5 2,085.95 Consultant for Va. Beach 89,010.00 5 41450.50 Roadway (C-503) 17,056,408.17 5 852,820.40 Storm Sewer (6011) 57,115.24 38 21,703.79 Communication Equipmeiit 12,738.00 5 636.90 Drainage, Traffic Signal & 22,371.57 100 22,371.57 Type II Field Office HRSD Sewer Force Main 93,693.06 5 4,684.65 VA. Beach Sanitary Sewer 293,464-97 38.63 113,365.52 t/ (35.4% Betterment) Va. Beach Water 1,485,177.92 44.04 654,072.36, (41.1% Betterment) Sanitary Sewer Materials & 4,955.00 5 247.75 Inc. Utility Engr. & Insp. R/W - Demolition 16.21 5 0.81 Trainees 8,000.00 5 400.00 I.D. Sign 5,790.00 5 289.50 Construction & Permanent 39,565.49 5 1,978.27 Signs B-602 1,926,445.06 5 96,322.25 Rip Rap (62% Betterment) 112,310.60 63.90 71,766.47 Removal of Piling 28,347.84 100 28,347.84 TOTAL $29, 0 037.13 $2,351,889.98 1211 Gasline supports (B 602) 5,905.80 0 -0- (100% Va. Gas Co.) Telephone Conduit System 29,529.00 0 -0- (100% C & P Telephone) IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of VIRGINIA BEACH on the day of 1987, and the DEPARTMENT on the day of 1987. ATTEST: CITY OF VIRGINIA BEACH BY BY CITY CLERK CITY MANAGER NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM CITY ATTORNEY COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY DEPUTY COMMISSIONER -5- - 50 - Item IV-H.6. CONSENT AGENDA ITF14 # 27838 Upon motion by Councilman Fentress, seconded by Councilwoman Henley, City Council ADOPTED: Ordinance to transfer $100,000 from various sources to replace the water and sewer systems at the Parks and Recreation Office complex. 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 AN ORDDIANCE TO MMSFER $100,000 FROM VARIOUS SOURCES TO REPIACE THE WATER AND SEWER SYSTEMS AT THE PARKS AND RECREATION OFFICE COMPLEX WHEREAS, on August 3, 1987 the Envirorunental Health Services unit of the Virginia Beach Health Department condemned the septic system servicing the office building which houses the Parks and Recreation Director's Staff and the Recreation Division, and the Juvenile Detention Home Unit 4, and WHEREAS, the condemnation order required the immediate shutdown of the pumping facility, the contract for emergency pump and haul of sewage, and the connection of the facility to the City's sewage system, and WHEREAS, the Parks Division Offices has a septic system of the same age as the one that failed making it desirable and efficient to connect them to public water and sewage at the same time, and WHEREAS, the Department of Public Works recormnends that all of the facilities be connected to public water, especially since they are currently having to buy bottled water due to the contamination of the well water at the site, and WHEREAS, the total estimated cost for the emergency pump and haul and the connection of these facilities to both water and sewer is $100,000, and NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BF-ACH, VIRGINIA, that funding in the amount of $100,000 be appropriated from various accounts in the Department of Parks and Recreation and the Reserve for Contingencies for the pump and haul of sewage and for the connection of the facilities to the public water and sewer systems. This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day of August -, 1987. - 51 - Item IV-H.7. CONSENT AGENDA ITEM # 27839 Upon motion by Councilman Fentress, seconded by Councilwoman Henley, City Council APPROVED: Raffle Permits: Plaza Recreation League Seton House 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 - 52 - Item IV-H.8. CONSENT AGENDA ITEM # 27840 Upon motion by Councilman Fentress, seconded by Councilwoman Henley, City Council ADOPTED: Ordinance Authorizing License Refunds in the amount of $8,708.79 upon application of certain persons and upon certification of the Commissioner of the Revenue. 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 FOAM NO. C.A. 8 liEV. WN AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid AcSel Corporation 2876 Guardian Lane #201 Va Beach, VA 23452 1986 Audit 405.86 405.86 Dominion Decor Ltd 3872 Libery Ridge Rd Va Beach, VA 23452 1985-86 Audit 182.90 182.90 Dominion Sheet Metal 3309 Croft St Norfolk, VA 23513 1985-86 Audit 117.44 117.44 Certified as to Payment: Ro@ert P. Vaughan 6i Commissioner of the Revenue Approved as to f q,ty Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $706-90 were approved by the Council of the City of Virginia Beach on the 10th day of August 87 '19 - Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid L D c of Virginia Inc 3406 Stratmore Ave Norfolk, VA 23504 1987 Letter 530.00 530.00 Oceana Ball Park Franks Inc 225 First Colonial Rd #C 51.00 Va Beach, VA 23454 1985-86 Aduit 51.00 Talbot & Associates Ltd 100 Landmark square Va Beach, VA 23452 1984-86 Audit 7,421.59 7,421.59 Certified as to Payment: R@bert P. Vaughan Commissioner of the Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $8002,59 were approved by the Council of the City of Virginia Beach on the day of Augttst5 19 q7 Ruth Hodges Smith City Clerk - 53 - Item IV-H.a. APPOINTMENTS ITEM # 27841 Upon NOMINATION by Vice Mayor Oberndorf, City Council APPOINTED to the CONSTITUTION'S CELEBRATION COMMISSION: Dr. James Melvin (Replace Dr. E. E. Brickell) Roderick Zano (Replace Carol Garrison) 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 - 54 - Item IV-J.1. NEW BUSINES ITEM # 27842 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED: Establishment of Public Hearings for Bond Referendum: Juvenile Court Facility: August 17, 1987, First Reading of Bond Authorization Ordinance. August 24, 1987, Public Hearing and Second Reading of Bond Authorization Ordinance. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1 2 3 Requested by: Reba McClanan 4 5 6 RESOLUTION PROVIDING FOR THE AMENDMENT OF THE 7 CHARTER OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, BY AMENDING SECTION 2.02 TO ADD A 9 NEW SUBPARAGRAPH (F), TO AUTHORIZE THE 10 PROTECTION AND REPLACEMENT OF TREES ON 11 PRIVATE PROPERTY 12 13 14 WHEREAS, the citizens of the City of Virginia Beach have 15 become increasingly aware and concerned about the loss of trees 16 and other green space in the City; and 17 WHEREAS, the continual development of real estate within the 18 City may endanger the remaining trees and other green space; and 19 WHEREAS, the city previously submitted a request to the 20 General Assembly for a Charter amendment in order to grant the 21 City of Virginia Beach the power to establish by ordinance 22 reasonable rules and regulations for the protection and 23 replanting of trees; and 24 WHEREAS, that request for Charter amendment was denied; and 25 WHEREAS, the City Council believes it is imperative that the 26 citizens of Virginia Beach have an opportunity to officially 27 express their opinion concerning this matter. 28 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 29 VIRGINIA THAT: 30 1. It is hereby determined to be in the best interest of 31 the City to request the General Assembly of Virginia to amend the 32 City's Charter to provide for the protection and replacement of 33 trees on private property by amending Section 2.02 to add a new 34 subparagraph (f) as follows: 35 (f) Tree Protection. To establish by ordinance reasonable 36 rules and regulations to prohibit the unnecessary removal of 37 trees during land subdivision and development activities in the 38 City of Virginia Beach, and to establish by ordinance reasonable 39 rules, regulations, and schedules for replacement of trees on 40 private property. 41 2. The Circuit Court of the City of Virginia Beach is 42 hereby requested to order an election pursuant to SS15.1-834 and 43 24.1-165 of the Code of Virginia, as amended, to determine if the 44 qualified voters of the City desire the Council to request the 45 General Assembly to amend the Charter as provided above. 46 3. If the qualified voters of the City vote in favor of 47 such a request, the City Manager shall provide for the 48 transmittal of two (2) certified copies of the results of such 49 election together with the publisher's affidavit and the proposed 50 amendments to the City's Charter to one or more of the members of 51 the General Assembly who represent the Ci@y with a request that 52 the General Assembly pass a bill amending the Charter of the City 53 of Virginia Beach in the manner provided in SS15.1-834 of the Code 54 of Virginia. 55 Adopted by the council of the City of Virginia Beach on the 56 24 day of August 1987. 57 58 DSH/awj 59 7/7/87 60 7/11/87 61 8/24/87 62 RES/Tree3.res 63 2 5 5 Item IV-J.2 NEW BUSINFSS ITEM # 27843 Attorney John Richardson, Office: 600 United Virginia Bank Building, Phone: 624-2600, Residence: 3824 Liberty Ridge, Phone; 340-9364, Chairman of the Tree Guidelines Committeep Virginia Beach Tommorrow Louis Miles Pace, 1908 Hunts Neck Court, Phone: 468-0925, represented self Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council ADOPTED: Resolution providing for the amendment of the Charter of the City of Virginia Beach, Virginia, by Amending Section 2.02 to ADD a new subparagraph (f), to authorize the protection and replacement of Trees on Private Property. A N D, POSED THE QUESTION FOR THE 1987 REFERENDUM: IISHOULD THE CITY OF VIRGINIA BEACH, PURSUANT TO ITS CHARTER, HAVE THE RIGHT TO PROVIDE FOR THE REASONABLE PROTECTION ANDIOR REPLACEMENT OF TREES?ff Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1 2 3 Requested by: Reba McClanan 4 5 6 RESOLUTION PROVIDING FOR THE AMENDMENT OF THE 7 CHARTER OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, BY AMENDING SECTION 2.02 TO ADD A 9 NEW SUBPARAGRAPH (F), TO AUTHORIZE THE 10 PROTECTION AND REPLACEMENT OF TREES ON 11 PRIVATE PROPERTY 12 13 14 WHEREAS, the citizens of the City of Virginia Beach have 15 become increasingly aware and concerned about the loss of trees 16 and other green space in the City; and 17 WHEREAS, the continual development of real estate within the 18 City may endanger the remaining trees and other green space; and 19 WHEREAS, the City previously submitted a request to the 20 General Assembly for a Charter amendrnent in order to grant the 21 City of Virginia Beach the power to establish by ordinance 22 reasonable rules and regulations for the protection and 23 replanting of trees; and 24 WHEREAS, that request for Charter amendment was denied; and 25 WHEREAS, the City Council believes it is imperative that the 26 citizens of Virginia Beach have an opportunity to officially 27 express their opinion concerning this matter. 28 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 29 VIRGINIA THAT: 30 1. It is hereby determined to be in the best interest of 31 the City to request the General Assembly of virginia to amend the 32 City's Charter to provide for the protection and replacement of 33 trees on private property by amending Section 2.02 to add a new 34 subparagraph (f) as follows: 35 (f) Tree Protection. To establish by ordinance reasonable 36 rules and regulations to prohibit the unnecessary removal of 37 trees in the City of Virginia Beach, and to establish by 38 ordinance reasonable rules, regulations, and schedules for 39 replacement of trees on private property, 40 2. The Circuit Court of the City of Virginia Beach is 41 hereby requested to order an election pursuant to SSSS15.1-834 and 42 24.1-165 of the Code of Virginia, as amended, to determine if the 43 qualified voters of the city desire the Council to request the 44 General Assembly to amend the Charter as provided above. 45 3. If the qualified voters of the City vote in favor of 46 such a request, the City Manager shall provide for the 47 transmittal of two (2) certified copies of the results of such 48 election together with the publisher's affidavit and the proposed 49 amendments to the City's Charter to one or more of the members of 50 the General Assembly who represent the City with a request that 51 the General Assembly pass a bill amending the Charter of the City 52 of Virginia Beach in the manner provided in SS15.1-834 of the Code 53 of Virginia. 54 Adopted by the Council of the City of Virginia Beach on the 55 10th day of August 1987. 56 57 DSH/awj 58 7/7/87 59 RES/Tree.res 60 2 - 56 - Item IV-J.3 NEW BUSINESS ITEM # 27844 ADD-ON Councilman Moss referenced the Charter Amendment to allow DIRECT ELECTION OF THE SCHOOL BOARD. Councilman Moss acknowledged Assistant City Attorney Gary Fentress's assistance on many Saturdays. Councilman Moss advised the Taxing Authority can only be created under General Law. A Charter Amendment is Special Legislation. Thus, before the Charter can be amended there must be a General Law change allowing for the option of a Directly Elected School Board with Taxing Authority. Assistant City Attorney Fentress apprised him a compound amendement could be put forth with said implication but the key is there must also be a specific proposal to the Charter Amendment for the voters to review. Councilman Moss was uncertain as to whether between now and August Twenty-fourth if the Council could put forth such a proposal. Councilman Moss believed the most appropriate measure would be to first co- operate with the other Cities and Counties in the State to first change the General Statute before a Charter Amendment was pursued. - 57 - Item IV-K.1 RECESS INTO EXECUTIVE SFSSION ITEM # 27845 In acccordance with Section 2.1-344, Code of Virginia as amended, and upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council RECESSED into EXECUTIVE SESSION for discussion of Personnel Matters, after which to adjourn (7:00 P.M.) i.PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. Voting: 11-01, Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - 58 - Item IV-K.2 ADJOURNMENT ITEM # 27846 Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the Meeting at 7:05 P.M- B.v. O@ Chief Deputy City Clerk @uth Hodg-es Smith, CMC City Clerk City of Virginia Beach Virginia