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HomeMy WebLinkAboutJUNE 1, 1987 MINUTES "VYORLD'S LARGEST RESORT CITY" @-.T G j-, -YOR ME- -E.T ROBERI -Y, 1, 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-YM @U- H- C- [8041 427-403 VIRGINIA BEACH CITY COUNCIL AGENDA JUNE 11 1987 ITIM I. BRIEFING - Cmference Rom - 10:00 AM A. HISTORICAL REVIEiq BOARD Design Guidel@s for Historlcal Cultural Districts ITEM II. (XXWIL CONFERENM SESSICt4 Conference Rocrn - 12:00 NOON A. CIIIY COUNCIL ITEM III. INFO@ SESSICN A. CALL TO ORDER - Mayor lbbert G. Jones B. ROLL @ OF C@IL C. MWION TO RB= INTO EXECLYRIVE SESSION I@ IV. FO@ SESSION Cbuncil ers - 2:00 Pm A. INVOCATIC)N: Peverend Joseph A. @len @w Cc)venant Presbyterian Churcb B. @ CP ALLEG TO THE ETAG CF THE UNITED STATES ()F AMERICA C. ELBcTRc)NIC ROLL @ oF city couw-IL D. ADOPRION OF ITEMS FOR INIE Fo@ AGENDA E. TICN: 1. ION IN TION Valinda SLie Carroll F. MINUTES 1. INFO@ & FO@ SESSIONS - May 18, 1987 G. PUBLIC HEARIM 1. PIANNIM a. Applications of old DDmtion Farm Partnership on property located on the southeastern terminus of Penbroke Boulevard (Bayside Borough): For a variance to Section 4.1(b) (1) of the @ivision ordi.nance; Ebr a variance to Section 4.4(b) of the @ivision ordinance,- Fbr a variance to Section 5.2 of the @ivision Crdinance,- Ebr a CDnditional Use Perrnit for open space prcmotion; AND, For a Cb@tional Use Permit for non- cial marina (dock). D May 18, 1987 Reccmnendation: APP@ b. Application of ty United Methodist Church for a Cbnditional Use Pemit for a church on the northeast side of Priricess Ame rDad begiming at a point 5,000 feet more or less riorthuest of Nc)rth Landing lbad, containing 7.02 acres (Pri@ess Anne Borough). DEFERRED May 11, 1987 Re@ndation: DENIAL c. Application of Lester 0. and Muriel A. Wood for a variance to Section 4.4(b) of the Subdivision Ordinance, which requires that all lots confom to the @prehensive Zoning ordinance at 1404 Carolyn Drive (Lyr)nhaven Borough). Reccnynendation: APP@ d. Application of Michael Paul Brickbichier fc)r a ODnditional Use Perrnit for a @ll e ine repair establis@t service and repair of lawn niowers-3)2 on the @st side of North Great Neck lbad, 240 feet more or less north of Nc)rth La@ide Drive (1357 Uxth Great Neck @ad), containing 32,234 square feet, (Lynnhaven Borough). Re@ndation: AP e. Application of First Hospital Develcpaent Corporaticn for a Cbnditional Use PenTLit for a hospital at the north@st corner of First Colonial lbad and Old Doriation Parkway, (1100 First (blonial Poad), containing 3.33 acres (Lynnhaven Borough) Re@ndation: APPROVAL f. Applications of E. S. G. En@ises for a Chanqe of Zoning @st of Holland lbad, south of North Landstown lb;i-, (Princess Anne Borough): FrarL AG-1 Agricultural District to R-8 Residential District, containing 31 acres. AND, Frcm AG-2 Agricultural District to R@ Residential District, cx:>ntaining 6.52 acres. Bec@ndation: APP g. Applications of David 1. and Gale M. Levine for Changes of Zoning, (Lynnhaven Borough). Fran A-1 Apartrnent District to A-4 Apartuent District, on the following parcels, containing 22.002 acres,- Parcel 1: 1000 feet mare or less south of Shore Drive beginning at a pc)int 1000 feet more or less east of Nc)rtli Great Neck lbad, Parcel 2: 1625 feet raore or less south of @re Drive beginning at a point 1000 feet more or less east of @rth Great Ne-ck lbad, AND, Fran A-1 Apartrnent District to B-2 @it -Business D@rict 3 acre on the following parcels, contai-ning 11.75 @s Parcel 1: 1075 feet mcre or less south of @ore Drive b@ning at a pc)int 400 feet east of North Great Neck FDad. Parcel 2: 1600 feet @e or less south of Shcre Drive beginning at a point 410 feet east of @rth Great @k Ibad. Parcel 3: 2375 feet mare or less south of Shore Drive begi.nning at a pc)int 1000 feet more or less east of tbrth Great Neck lbad. Parcel 4: 2600 feet mre or less south of Ehore Drive beginni.ng at a point 1950 feet more or less east of @rth Great Neck PDad. AND, Frcm B-2 @@Business District to A-4 Apartaent District 475 feet more or less south of alore Drive beginning at a pc)int 950 feetincre or less east of North Great Neck lbad, OC)ntain@ 8.329 acres. AND Etcm R-6 Residential District to B-2 @ity-Business District 2600 feet more or less south of Shore Drive, beginning at a point 2300 feet more or less east of North Great @k PDad, containing 1.228 acres, Raccmwridation: APPRDVAL h. ordinance for the disr-ontinuance, closure and aband@t of a ,@tion of Marshview Drive in the petition of Curtis and Nancy Mdte (Kempsville Borough). DEFERRED March 30, 1987 Reccmendation: D@ i. Ordinarice to AMEND and RED@ Article 2, Section 233(c) of the Cmiprehensive Zoning ordinance pertaining to Recreational @rounds. DEFERRED May 18, 1987 Rec@ndation: D@ H. OETDINANCES 1. Ordin&ice on S READING to appropriate $25,200 to operate a "Pilot" Day Cmp for Children of MLmicipal @oyees. 2. Ordinance to AMEM and REDRUAIN Section 2-41i, 2-412, and 2-413 of the Code of the City of Virginia Beach, pertaining to Energency Servioes Agericy. I. ON 1. Resolution directing the Planning ssion to consider a proposed amendment to Section 933 of the Ccmprehensive Zonincj Crdinance pertaining to sign regulations in the @ Re@ Cmmrcial. District. J. CONSENT AGENDA All watters listed under the (bnsent Agenda are considered in the ordinary adurse of business by City Cbuncil and will be enacted by one motion in the form listed. If an item is remcved frcm the Cbnsent Agerida, it will be discussed and voted upc)n separately. 1. RFSOLUTION IN @TICN Valinda Sue Carroll - Green @ High School 2. Ordinance to authorize and direct the City Manager to execute a cost participation agreement with Uthan Associates - Fomfire for Capital Project 6-316. 3. Ordinance to apply for rental rehabilitation fi@s in the @t of $165,000 frcrn the U. S. Departrnent of Housing and Urban DeveloFment 4. Ordinance to authorize a @rary e t into a portion of the City's rights-of@y of Atlantic Avenue, 16th Street and Ccean Avenue to James H. Capps t/a The Breakers Resort Inn, his heirs, assigns and successors in title (Virginia Beach Borough). 5. Ordinance to authorize a @rary encroa t into a portion of the City's Property as Lake Joyr-e and twent@foot (20) strip surrounding Lake Joyce to F. and Jeanette T. Hadrick, their heirs, assigns and successors in title (Bayside Borough). 6. RAFFLE @T: a. Aragona-Pembroke Little League b. Aragona Garden Club 7. CERTIFI= oF puBLic @ENCE AND @ITy a. @and Limousine Services, Inc. K. APPOINTMENTS 1. BOND @TTEE 2. FPCT FINDING COMITRE@L - Ocean Lakes 3. SOCIAL SERVICES BOARD 4. VI@INIA BEACH @ITY DEVELOPMWP OORPORATION L. UNFINISHED BUSINESS M. NEN BUSINESS 1. EDUCATING THE ELDERLY - Health Insurance Claims Sffn Houstc>n, Sr. Sponsc)red by (buncilnm Heischober N. ADJOU - 17 - Item III-F.l. MINUTES ITEM # 27486 Upon motion by Councilman Perry, seconded by Councilman Balko, City Council CORRECTED AND AMENDED the MINUTES of the INFORMAL & FOR14AL SESSIONS of June 1, 1987. ITEM # 27427, Page 6, CITY COUNCIL CONCERNS (CORRECTED) Councilman Balko advised relative the report concerning re-examining the PLANNING REVIEW PROCESS by the Committee composed of Councilman Balko, Planning Commissioner Reid and Richard Browner, same would be available within the next thirty to sixty days, NOT two weeks as stated in the MINUTES. ITEM # 27401, Page 18, APPLICATIONS OF OLD DONATION FARM PARTNERSHIP. Condition No. 13 shall be AMENDED to read: 13. The Developer shall budget $100,000 for the repair of the exterior of the Ferry Farm House and such repairs be made by the developer prior to the RR3A platting of the twentieth lot. 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 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia B R I E F I N G HISTORICAL REVIEW BOARD PROPOSED DESIGN GUIDELINES FOR HISTORICAL - CULTURAL DISTRICTS 10:00 A.M. June 1, 1987 ITEM # 27424 Mayor Robert G. Jones introduced Lillian B. Youell, Chairman, Historical Review Board, who presented the Members of the HISTORICAL REVIEW BOARD: James H. Agles, Barbara Ferguson, Howard S. (Sam) Myers, Michael B. Newbill and Robert A. Davis, Staff Secretary to the Board. Chairman Youell advised Vice Mayor Meyera Oberndorf was unable to be present as she was speaking at the NATURALIZATION CEREMONY at the Federal Building in Norfolk, Virginia. Chairman Youell advised heritage survives in three ways: the written form (documents), the oral tradition (music) , and material culture (architecture) . The City itself is an artifact and reflects our material culture. The City must take positive steps to assure a future for our past. President Reagan has PROCLAIMFD NATIONAL HISTORIC PRESERVATION WEEK in May stating "America's Greatness grows out of our Rich Past". The theme of this week was Landmarks of Democracy. In 1968, the Mayor APPOINTED a Historical Committee to work with the Planning Commission as an advisory body. On March 4, 1974, the City Council ADOPTED a Resolution officially establishing the HISTORICAL REVIEW BOARD. In 1975, the City decided to preserve the historic Francis Land House, purchasing the house and surrounding grounds of approximately thirty (30) acres. Chairman Youell read excerpts of a letter from H. Bryan Mitchell, State Historic Preservation Officer, relative the Historic District Ordinance. (Said letter is hereby made a part of the record.) The Consultants to the HISTORICAL REVIEW BOARD were out of the country; however the former Chairman and a licensed architect, Michael B. Newbill presented the Proposed Design Guidelines for Historical-Cultural Districts. Michael Newbill serves as the Southeastern Virginia representative for the National Alliance of Preservation Commissions. Michael Newbill advised Preservation Planning is a Municipal responsibility. A Comprehensive City Wide Preservation Plan does not exist at the present time. In the early 1970's, City Council and the Planning Commission created Eleven (11) Historical Districts: NIMMO CHURCH FRANCIS LAND HOUSE PEMBROKE MANOR U. WOLFSNARE OLD DONATION CARRAWAY HOUSE THROROUGHGOOD T. MURRAY HOUSE A. KEELING HOUSE PRINCESS ANNE COURTHOUSE LYNNHAVEN HOUSE - 2 - B R I E F I N G HISTORICAL RKVIEW BOARD PROPOSED DESIGN GUIDELINES FOR HISTORICAL - CULTURAL DISTRICTS ITEM # 27424 (Continued) The Cape Henry Lighthouse is not a Virginia Beach Historical and Cultural District despite the fact that it has the highest honorary designation of the National Historical Landmarks and possesses Virginia and National Register designations. The Lighthouse is the symbol of our City Seal. The Princess Anne Courthouse is not on the National Register. The Frank Lloyd Wright House on the Beach has been nominated for designation on the Virginia Landmarks Register and the National Register of Historic Places. Mr. Newbill displayed a map prepared by the Planning Department in 1980. This was an initial effort to identify Historical sites. The map lists 91 sites which go back to the early 1700's terminating in the early 180018. Approximately 1/3 of these sites no longer exist. When an area is in a Historic District, any construction project in that District is subject to review by the HISTORICAL REVIEW BOARD. A VIDEO prepared by the National Park Service was presented depicting what other communities are doing in the area of Preservation Planning and introduces the concept of CERTIFIED LOCAL GOVERNMENT (CLG). The National Preservation Act of 1966 created a National Program for Historic Preservation. The State Historic Preservation Offices administer this Program at the State Level and the National Park Service provides assistance at the Federal Level. An important element of the National Historic Preservation Program is the provision for certification or approval of Local Preservation Programs by State Historic Preservation Officers and the Secretary to the Interior. CERTIFIED LOCAL GOVERNMENTS are eligible to apply for grants from the State Historic Preservation Officers. Michael Newbill advised the HISTORICAL RYVIEW BOARD'S PROPOSALS: HISTORIC PRESERVATION ORDINANCE PARTICIPATION IN CERTIFIED LOCAL GOVERNMENT PROGRAM GUIDELINES FOR 11 EXISTING DISTRICTS COMPREHENSIVE CITY-WIDE SURVKY & PRESERVATION PLAN A DRAFT of the HISTORIC PRESERVATION ORDINANCE, prepared by Robert Davis, Planning Department, was distributed and is hereby made a part of the record. The HISTORIC PRESERVATION ORDINANCE would entail the following elements: 1. Statement of Public Purpose & Policy 2. Composition, Qualifications, Appointment of Review Board 3. Powers & Duties 4. Procedures for Creation of Historical Districts 5. Other applicable Regulations 6. Procedures for Granting/Denial of Certificate of Appropriateness. 7. Violations and Penalties - same as Zoning Ordinance 8. Adoption of Design Standards - Local and Secretary of Interior Standards. 9. Name Change - Historical Review Commission The HISTORICAL REVIEW BOARD should become advisor in the overall Planning Process to the City Council and the Planning Commission rather than just advisor to the Planning Director. - 3 - B R I E F I N G HISTORIAL REVIEW BOARD PROPOSED DESIGN GUIDELINES FOR HISTORICAL - CULTURAL DISTRICTS ITEM # 27424 (Continued) With relation to CERTIFIED LOCAL GO S (CLG), Mr. Newbill advised 4 of 41 Virginia Boards are now certified (Prince William County, Lynchburg, Culpepper and Suffolk). The Virginia requirements include: 1. A Local Preservation Ordinance 2. A Review Board 3. Maintain System of Survey and Inventory of Cultural Resources. 4. Provisions for Adequate Public Participation in Local Program 5. Satisfactory Performance of Delegated responsibilities 6. Application or certification signed by local Chief Elected Official, copy of Ordinance, resumes of Board. 7. Upon acceptance, written agreement required between the State and the City to carry out program and procedures including demonstrating ongoing improvements. Mr. Newbill outlined the SUMMARY AND RECOMMENDATIONS of the HISTORIC REVIEW BOARD: Pass a Separate Preservation Ordinance (Increase Review Board Membership form 5 to 7) Apply for Certified Local Government Status Review and Amend Zoning for the 11 Existing Historical and Cultural Districts (After Public Hearing, et cetera by Planning Commission). Endorse Proposed Design Guidelines (including Secretary of Interior Standards) for the Existing 11 Districts Authorize a Comprehensive City Wide Preservation Survey, Inventory and Plan. Allocate Additional Resources to Planning and other departments as required for implementation Copies of the Study "HISTORIC PRESERVATION POSSIBILITIEStf for the CITY OF VIRGINIA BEACH were distributed. (Copy of same is hereby made a part of the record.) Chairman Youell advised the Consultants would be available after June 15, 1987, should City Council desire further information and request their presence. - 4 - June 1, 1987 The COUNCIL CONCERNS SESSION of the VIRGINIA BKACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, June 1, 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, Nancy K. Parker and John L. Perry Council Members Absent: Vice Mayor Meyera E. Oberndorf ENTERED: 12:55 P-M Vice Mayor Oberndorf was speaking at the NATURALIZATION CEREMONY at the Federal Building in Norfolk, Virginia - 5 - M A T T E R S B Y M A Y 0 R ITEM # 27425 Mayor Jones referenced his concern relative the SOUTHEASTERN EXPRESSWAY. A group similar to the Urban Land Institute could assist in providing at least tentative guidelines concerning the facility. Mayor Jones emphasized the examination of the critical issues involving same. The questions were placed in three categories: Impact on Land Use Technical Problems of the facility Aesthetic Opportunities regarding the facility. Councilwoman McClanan referenced the function of the URBAN LAND INSTITUTE was promoting various kinds of development. Having said firm perform an Environmental Impact could present a problem. Councilman Baum advised the most important element was the alignment of the SOUTHF.ASTERN EXPRFSSWAY. Councilman Baum inquired as to the importance of the environmental concerns. Councilman Baum believed the advice of the Corps of Engineers should be sought regarding the swamp lands. Councilwoman Henley referenced co-ordination between the cities of Chesapeake and Virginia Beach. Mayor Jones advised Chesapeake was waiting for Virginia Beach to assume the lead. Councilwoman Parker inquired whether the City could afford the SOUTHKASTERN EXPRESSWAY. If the City must wait two (2) years for the State to determine the alignment, how will the City handle the development pressures. The soil samples in the Southern part of the area: can they withstand the urbanization or industrial pressures. If an outside consultant is deemed necessary, an RFP should be developed. Councilman Fentress inquired as to the basic idea of the SOUTHEASTERN EXPRESSWAY, other than another exit from Virginia Beach. Mayor Jones advised development pressures should be recognized. There is only one major entrance and exit to Virginia Beach, the Toll Road with Indian River Road as a subsidiary south of the Toll Road. Councilman Heischober believed the first section of the semi-circle around Richmond has been done well. There has not been too much growth around this road. The State has advised the City will never have the funds to build the SOUTHEASTERN EXPRESSWAY without a toll. There may be a possibility that the growth in the Corridor can be purchased with "State up front money" to be returned from the Bond issue. This possibility should be explored with the Highway Department. Councilman Balko referenced development would come along one way or another. Instead of waiting two years for the Final Design, a Meeting should be arranged with the City, State and Army Corps of Engineers to solidify a 300-foot Corridor. Councilman Moss believed the opinion of more than one set of experts should be acquired. The competition is needed. Two or three individuals should arrive at a feasibility approach. Councilman Perry emphasized the need to repair the roads already in existence, with special emphasis on Princess Anne Road. The Toll Feasibility Study was not a part of the State consultant's mission which was corridor identification. Councilman Heischober referenced if a study area could be set a mile on each side of the final Corridor, this could be addressed in the Comprehensive Plan and thus guidelines could be devised. - 6 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 27426 Councilwoman Henley referenced numerous telephone calls relative the Ordinance authorizing the transfer of $1,300,000 from Princess Anne High School Renovation Project to Salem High School Project. Said Ordinance was ADOPTED on May 18, 1987. Councilwoman Henley advised she spoke with the Principal of Princess Anne High School. The specifics need to be itemized relative the Renovations. Councilman Moss advised as a result of these calls, he requested Carlton Bowyer and his assistants to accompany him on a tour of Princess Anne High School on Friday Afternoon. Councilman Moss believed a Public Hearing should be SCHEDULED at the School Site for enumeration of the project. One of the complaints reiterated was the windows and not window walls in the hall passages were being replaced. The Hallways running from the auditorium to the gym and the Hall that runs by the Cafeteria to the Shop have concrete ceilings and do not lend themselves to being air conditioned. This item will be ADDED under UNFINISHED BUSINESS. The Mayor has requested the City Manager to gather the documents concerning the Original Scope of the Work, the Projected Cost and the Bid relative the renovation to Princess Anne High School. Councilwoman McClanan advised she had informed the Vice President of the PTA of Princess Anne High School she would sponsor her on the AGENDA. Councilman Balko had contacted the City's Public Relations Department as well as the School's System Public Relations Director, Dorothy Barber. Mrs. Barber advised a notice would be issued to every student and teacher at Princess Anne High School explaining the situation. ITEM # 27427 Councilwoman Parker, referenced the Committee composed of Councilman Balko, Planning Commissioner Reid and Richard Browner examining the PLANNING REVIEW PROCESS. Councilman Balko advised a report would be available within the next two weeks. ITEM # 27428 Councilman Perry referenced misinformation relative the Old Donation Farm Partnership on Channel 10 on Saturday, May 31, 1987. ITEM # 27429 Councilman Perry further referenced the Resolution directing the Planning Commission to Consider and make its recommendation concerning a proposal to eliminate the usage of reduced required side yards (zero lot lines). This Resolution was ADOPTED on November 24, 1986, and the Planning Commission was requested to forward their recommendation within fifty (50) days of the date of ADOPTION. The City Staff will investigate same. - 7 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 27430 Councilwoman Parker distributed the DRAFT copy of an Ordinance to Amend and Reordain the Code of the City of Virginia Beach, Virginia, By adding a new Section 21-129 pertaining to Vehicle Equipment (Truck Covers). (Copy of same is hereby made a part of the record.) ITEM # 27431 Councilwoman McClanan referenced Applications of E. S. G. Enterprises for a Change of Zon@s west of Holland Road, south of North Landstown Road, (Princess Anne Borough): From AG-1 Agricultural District to R-8 Residential District, containing 31 acres. AND, from AG-2 Agricultural District to R-8 Residential District, containing 6.52 acres. As the AGREEMENT relative same had just been received and City Staff needed to review same, Councilwoman McClanan requested this item be brought forward to the beginning of the Planning Agenda for consideration of DEFERRAL. - 8 - ITEM # 27432 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, June 1, 1987, at 1:00 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 # 27433 Mayor Jones entertained a motion to permit City Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Moss, seconded by Councilman Perry, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 10 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL June 1, 1987 2:05 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, June 1, 1987, at 2:05 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John D. Perry Council Members Absent: None INVOCATION: Reverend Joseph A. Mullen New Convenant Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE U-NITED STATES OF AMERICA - 11 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item IV-D.1 ITEM # 27434 Vice Mayor Oberndorf referenced numerous telephone calls relative the Ordinance authorizing the transfer of $1,300,000 from Princess Anne High School Renovation Project to Salem High School Project. Said Ordinance was ADOPTED on May 18, 1987. Vice Mayor Oberndorf requested this item be ADDED under UNFINISHED BUSINESS in order that Students and Members of the PTA might address their concerns. Vice Mayor Oberndorf further referenced telephone calls from City Employees relative the Health Insurance Program. Vice Mayor Oberndorf requested the City Manager have his staff brief City Council relative same. This item will be added on under NEW BUSINESS Item IV-D.2 ITEM # 27435 Councilwoman McClanan referenced Applications of E. S. G. Enterprises for a Change of Zonings west of Holland Road, south of North Landstown Road, (Princess Anne Borough): From AG-1 Agricultural District to R-8 Residential District, containing 31 acres. AND, from AG-2 Agricultural District to R-8 Residential District, containing 6.52 acres. As the AGREEMENT relative same had just been received and City Staff needed to review same, Councilwoman McClanan requested this item be DEFERRED and perhaps brought forward to the beginning of the Planning Agenda. (See IV-G.l.f of the Planning Agenda) Item IV-D-3 ITEM # 27436 Councilwoman McClanan referenced an Ordinance to authorize and direct the City Manager to execute a cost participation agreement with Urban Associates - Foxfire for Capital Project 6-316. (See Item IV-J.2 of the CONSENT AGENDA). This item will be pulled for a separate vote. Item IV-D.4 ITEM # 27437 Councilman Perry referenced an Ordinance to apply for rental rehabilitation funds in the amount of $165,000 from the U. S. Department of Housing and Urban Development. (See Item IV-J-3 of the Consent Agenda.) This item will be pulled for a separate vote. Item IV-D-5 ITEM # 27438 Councilman Heischober referenced the item relative EDUCATING THE ELDERLY - Health Insurance Claims. This item is under NEW BUSINESS. Councilman Heischober requested this item be DEFERRED until next week as Sam Houston, Sr. had to leave the Meeting. 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. - 12 - Item IV-E.1 PRESENTATION ITEM # 27439 Mayor Robert G. Jones PRESENTED a RESOLUTION IN RECOGNITION to: VALINDA SUE CARROLL This Resolution recognized Valinda as a Semi-Finalist in the Negro Program of the NATIONAL MERIT SCHOLARSHIP. She received the President's Academic Fitness Award. She is a member of the National Honor Society, International Thespian Society, French Club (Reporter Historian), Art Club (Treasurer), Spirit Club, Historical Society, Yearbook Staff (Academics Editor) and the Roers Club. Valinda Sue Carroll has a Grade Point Average of 3.5476 and an SAT Score of 1350. - 13 - Item IV-F.1 MINUTES ITEM # 27440 Upon motion by Councilman Balko, seconded by Councilman Perry, City Council APPROVED the MINUTES of the RECONVENED SESSION of May 14, 1987 and the INFORMAL & FORMAL SESSIONS of May 18, 1987. Voting: 10-0 Council Members Voting Aye: John A. Baum, Albert W. Balko, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Robert E. Fentress* Council Members Absent: None *Councilman Fentress ABSTAINED as he was on vacation and did not attend the City Council Meetings of May 14, 1987 and May 18, 1987. - 14 - Item IV-G.l.a/g. PUBLIC HEARING PLANNING ITEM # 27441 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING ITEMS a. OLD DONATION FARM PARTNERSHIP VARIANCFS/CONDITIONAL USE PERMITS b. COURTHOUSE COMMUNITY UNITED METHODIST CONDITIONAL USE PERMIT CHURCH c. LESTER 0. AND MURIEL A. WOOD VARIANCE d. MICHAEL PAUL BRICKBICHLER CONDITIONAL USE PERMIT e. FIRST HOSPITAL DEVELOPMENT CORPORATION CONDITIONAL USE PERMIT f. E. S. G. ENTERPRISES CHANGES OF ZONING g. DAVID I. AND GALE M. LKVINE CHANGES OF ZONING h. CURTIS AND NANCY WHITE STREET CLOSURE i. RECRFATIONAL CAMPGROUNDS CZO AMENDMENT 1 5 Item IV-G.l.a. PUBLIC HEARING PLANNING ITEM # 27442 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant who will dedicate to the Virginia Beach Arts Center the Ferry Farm House accompanied by a gift of $100,000. The applicant agreed to build a foot bridge for the children to walk back and forth from their neighborhoods from the pool and park as a measure to insure safety. The applicant is willing to eliminate the Conditional Use Permit for the pier (dock). Attorney Cromwell advised his clients plan to convey 15 feet around the perimeter of the Ferry Farm House which should be more than adequate to permit access to the home. The parking lot will be encumbered with an easement. Edwin Kellam, representing the Virginia Beach Arts Center, advised they will accept the dedication of the Ferry Farm House accompanied by a gift of $100,000 identified for the restoration of the exterior of the Ferry Farm House. If the Arts Center finds they are unable to maintain the Ferry Farm House, they have agreed to transfer same to another organization with the understanding that the farm house shall be restored. Edwin Kellam had contacted Peter Coe, President of the Virginia Beach Arts Center and reiterated his statements. Edwin Kellam advised he was not aware of the amount of property which would be deeded to the Virginia Beach Arts Center; however, the agreement had advised it would be a sufficient amount of property around the Ferry Farm House for its use as a Museum. Roy Parks, Land Planner and Landscape Architect, exhibited a plat depicting the Ferry Farm House with the location of the easement and the Parking Lot. This property is not being taken out of the computations for the density credit. It is considered as a gross land. Donald Reid, the owner of the Property, responded to Council's inquires as this application had been EXPEDITED to the Planning Commission and the concerns related to said application had not been addressed in writing. Mr. Reid advised he had verbally assured the previous owner of the property, Mr. Howren, that he did not intend to demolish the Ferry Farm House as same would enhance the value of the property. OPPOSITION: Larry Gurioli, 620 VThitechapel Drive, Phone: 497-5887, reiterated the goals of preservation of the Ferry Farm House and sufficient property surrounding same. Mr. Gurioli also wished to maintain the integrity of the Recreation Area (pool, lake and park). Mr. Gurioli referenced his concern relative the private road across the dam. James Willenbrink, 605 Hudgins Court, Phone: 497-0700, advised of the historical and cultural significance of said property. Located somewhere on the Ferry Farm Plantation is the grave of William Walke who died in 1795. It is also likely a number of descendants are buried somewhere on this site. As archeological artifacts had been discovered on sites outside of the developer's open space, James Willenbrink believed the entire area should be designated as a Historic and Cultural District. Robert A. Finley, President Pembroke Meadows Civic League, 4449 Hudgins Drive, Phone 473-0118, reiterated his previous concerns, the opposition to the dam as Lake Meadows being used as an access point, the possible destruction of a historical and cultural site and the common used pier. Mr. Finley also requested the requisite City services be routed in a direction to minimize their environmental impact. Mr. Finley further advised upon meeting with Donald Reid and Associates a meaningful compromise was not derived. Pat Ingmire, 813 St. James Drive, Phone: 499-2896, spoke relative the safety concerns of Pembroke Boulevard as a thorough Street and the use of the Dam, especially for construction vehicles during the development of Old Donation Farm Subdivision. Mrs. Ingmire requested in writing that all contractors not use this route, if road is deemed safe. Two entrances into a subdivision would increase traffic as well as crime. Sherry Cooper, 648 Bishop Drive, Phone: 497-2986, distributed a packet of information relative Historic Preservation (Said data is hereby made a part of the record). Jo Haskett Howern, 4004 Oceanfront, Phone: 422-6961, former Trustee of Historic Richmond's Foundation. - 16 - Item IV-G.l.a PUBLIC HEARING PLANNING ITE24 # 27442 (Continued) Councilwoman Parker advised she had not recieved a written proposal from the Viginia Beach Arts Center concerning their utilization and funding of the Ferry Farm House, if they intend to take said property, as well as their method of renovation or restoration accompanied by some type of a deed plat. This had been reiterated in the Minutes of the City Council Meeting of May 18, 1987. Councilwoman McClanan advised her concern centered on saving as much of this house and the land surrounding same. The developer is receiving concessions as narrower roads have been requested and no curb and gutters. This will result in more expensive maintenance for the City as the State will not maintain these substandard width roads. Councilman Moss advised one of the essential issues was whether or not there was vehicular traffic having access from said Subdivision to Pembroke Boulevard. Jack Whitney, Chief of Comprehensive Plan, advised the question of access in and out of the street layout in the Subdivision would arise in the preliminary subdvivision plat review. Upon motion by Councilman Perry, seconded by Councilman Baum, and with Conditions AMENDED by Councilman Heischober, City Council APPROVED Applications of OLD DONATION FARM PARTNERSHIP for Variances to Section 4-1(b)(1), Section 4-4(b), Section 5.2, and a Conditional Use Permit for open space promotion and DENIED Ordinance upon application of OIJ) DONATION FARM PARTNERSHIP for a Conditional Use Permit for non-commecial marina (dock). Appeal from decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Old Donation Farm Partnership. Property is located at the southeastern terminus of Pembroke Boulevard. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. A N D, Appeal from decision of Administratitve Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Old Donation Farm Partnership. Property is located at the southeastern terminus of Pembroke Boulevard. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. A N D, - 17 - Item IV-G.l.a PUBLIC HEARING PLANNING ITEM # 27442 (Continued) Appeal from decision of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Old Donation Farm Partnership. Property is located 780 feet more or less northeast of the southeastern terminus of Pembroke Boulevard. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF OLD DONATION FARM PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION ON CERTAIN PROPERTY R06871042 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIGINIA BEACH, VIRGINIA Ordinance upon application of Old Donation Farm Partnership for a Conditional Use Permit for open space promotion on certain property located at the southeastern terminus of Pembroke Boulevard. Said parcel contains 32.829 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. A N D, DENIED ORDINANCE UPON APPLICATION OF OLD DONATION FARM PARTNERSHIP FOR A CONDITIONAL USE PERMIT Ordinance upon application of Old Donation Farm Partnership for a Conditional Use Permit for a non-commercial marina (dock) on certain property lcoated 1200 feet more or less northeast of the southeastern terminus of Pembroke Boulevard. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. - 18 - Item III-G.l.b. PUBLIC HEARING PLANNING ITEM # 27442 (Continued) The following conditions shall be required: 1. A long term use and maintenance plan, acceptable to appropriate City Staff, must be established for the Ferry Farm House. 2. Landscaping improvements in accordance with the submitted Landscape Plan dated February 24, 1987, except that all proposed roadside tree planting along Cheswick Lane must be located outside roadside swales. 3. Fences, if any, in the side grass swales are allowed providing they are a minimum of three feet off the centerline of said swales. 4. A twenty-two-foot (221) pavement section for Cheswick Lane. 5. Pembroke Boulevard shall be extended but not used until and unless the private road is declared structurally sound by the City Engineer. Cost of repair to be born by the developer. In addition, an adequate foot bridge shall be added to the private road for the safety and convenience of pedestrians and bicycies. 6. Establishment of a Historical and Cultural District over the 3.9 acre parcel on which the Ferry Farm House is located, with no development. 7. Utilization of proferred Best Management practices (BMPT's) which are reasonably applicable to the development of this project. 8. The pier (dock/marina) as shown on the plan which is an extension of the existing pier shall be ELIMINATED. 9. The applicant shall dedicate the 3.9 acres of Open Space as a scenic easement. 10. The Deed of Conveyance from developer to any future owner or owners of the Farm House and fifteen feet (15') around the home shall stipulate that it shall never be torn down or used as a dwelling. 11. The developer shall recommend to the future Homeowners' Association that the walkway in the open space be a public walkway and disclose the recommendation at the time of individual contract. 12. The Ferry Farm House shall be donated to the Arts Center of Virginia Beach and the parking places as shown on the site plan shall be to accommodate visitors to the Ferry Farm House. 13. The Developer shall budget $100,000 for the repair of the exterior of the Ferry Farm House and such repairs be made by the developer prior to the sale of the twentieth lot." - 19 - Item IV-G.l.a PUBLIC HFARING PLANNING ITEM # 27442 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the First day of June, Nineteenth Hundred and Eighty-seven. Voting: 7-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, and John L. Perry Council Members Voting Nay: Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker Council Members Absent: None Councilwoman Henley, after the vote of the Ordinance upon application for the discontinuance, closure and abandonment of a portion of Marshview Drive in the petition of Curtis and Nancy White, referred back to the OLD DONATION FARM PARTNERSHIP application. Councilwoman Henley advised it was her understanding that the conditions imposed would be met before the development would be allowed to commence. As these conditions can be imposed by City Council which was Councilwoman Heniey's intent and in order to insure the City Staff read the Council's intent in the aforementioned conditions, Councilwoman Henley requested a BRIEFING be scheduled for the INFORMAL SESSION, June 8, 1987, by City Staff. Councilwoman Henley advised it was her intent the bridge was to be constructed and the roadway on the dam secure for all traffic prior to development. - 20 - Item IV-G.l.b. PUBLIC HFARING PLANNING ITEM # 27443 The following spoke in support of the application: Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and advised said applicant felt relative secure as this site is on the perimeter of a proposed development by the Christopher Companies (former Buyrn Farm). The City has participated in the construction of a pump station. A lake is being excavated. Reverend Bruce D. Tuttle, 3205 Monet Drive, Phone: 427-3272, Pastor of Courthouse Community United Methodist Church, advised within 60 days of settlement of contract, the permits could be secured to begin some type of construction. Dr. M. Douglas Newman, 6 Koger Executive Center, Suite 211, Norfolk, Phone: 461-7793, District Superintendent Courthouse Community United Methodist Church Kenneth Hess, 2537 Enchanted Forest Road, Lay Leader and Administrative Board Chairman with the Courthouse Community United Methodist Church. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of COURTHOUSE COMMUNITY UNITED METHODIST CHURCH for a Conditional Use Permit for a church ORDINANCE UPON APPLICATION OF COURTHOUSE COMMUNITY UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R06871043 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Courthouse Community United Methodist Church for a Conditional Use Permit for a church on certain property located on the northeast side of Princess Anne Road beginning at a point 5000 feet more or less northwest of North Landing Road. Said parcel contains 7.02 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH The following conditions shall be required: 1. A variable width right-of-way dedication is required along Princess Anne Road in accordance with the Master Street and Highway Plan for an eight-lane divided arterial parkway. It appears that approximately 69 feet is required. 2. No curb cuts on Princess Anne Road (only temporary access will be allowed on Princess Anne Road). This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the First day of June, Nineteenth Hundred and Eighty-seven. - 21 - Item IV-G.l.b. PUBLIC HEARING PLANNING ITEM # 27443 (Continued) Voting: 9-2 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Albert W. Balko and Mayor Robert G. Jones Council Members Absent: None - 22 - Item IV-G.l.c PUBLIC HEARING PLANNING ITFM # 27444 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant, Olla Krueger, President of the Linlier Civic League reiterated the endorsement of the Civic League concerning approval of this Variance. Upon motion by Councilman Balko, seconded by Councilman Perry, City Council APPROVED the application of LESTER 0. AND MURIEL A. WOOD for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance Subdivision for Lester 0. and Muriel A. Wood. Property is located at 1404 Carolyn Drive. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Councilman Moss inquired as to which category of hardship this application relates. Perhaps the City should be more cognizant with the economic pressures and the impact of assessments on people's property holdings. Councilman Ballco believed the hardship would entail Section 9.3, Article B, "The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected". City Council requested a review of the hardship test criteria and with particular study involving waterfront areas. Road frontage and the loss of trees should also be a prime consideration. 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 - 23 - Item IV-G.l.d PUBLIC HEARING ITEM # 27445 PLANNING Ron Makela, President of Great Neck Association, advised all signs in front of the applicant's property had been removed, apparently the process was just too long. Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council DEFERRED for one week until the City Council Meeting of June 8, 1987, an Ordinance upon application of MICHAEL PAUL BIRCKBICHLER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MICHAEL PAn BIRCKBICHLER FOR A CONDITIONAL USE PERMIT FOR A SAMLL ENGINE REPAIR ESTABLISHMENT (SERVICE & REPAIR OF LAWN MOWERS) Ordinance upon application of Michael Paul Birckbichler for a Conditional Use Permit for a small engine repair s@tablishment (service & repair of lawn mowers) on the west side of N. Great Neck Road, 240 feet more or less north of North Lakeside Drive. Said parcel is located at 1357 North Great Neck Road and contains 32,234 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. This application was DEFERRED to enable the applicant to be present. The City Clerk is to advise Michael Paul Birckbichler 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 - 24 - Item IV-G.l.e. PUBLIC HEARING PLANNING ITEM # 27446 Attorney R. J. Nutter, 2809 South Lynnhaven Road, Phone: 431-3100, represented the applicant. Attorney Nutter referenced the condition related to the right- turn lane 80 feet in length with an 80-foot transition to be installed on First Colonial Road. The incorrect site plan had been reviewed in connection with same. As the building is no longer a five-story office building. Attorney Nutter requested this condition be removed, and consideration withheld of that issue pending site plan review. Attorney Nutter also requested Condition No. 6 be eliminated: "Approval of the Board of Zoning Appeals for 75 parking spaces." Wiley Cooke, the Architect, exhibited a model of the proposed application. The existing Medical Building is 3-story, support activities are to be added of administrative staff and multi-purpose activity as well as the dining kitchen facility. The applicant is proposing parking along Old Donation Parkway and employee and service parking to the North for a total of seventy-five (75) parking spaces. The current curb cut on First Colonial will not be retained. Access will be at the north end of the site. The entrance now is to the east. Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of FIRST HOSPITAL DEVELOPMENT CORPORATION ORDINANCE UPON APPLICATION OF FIRST HOSPITAL DEVELOPMENT CORPORATION FOR A CONDITIONAL USE PERMIT FOR A HOSPITAL R06871044 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of First Hospital Development Corporation for a Conditional Use Permit for a hospital at the northeast corner of First Colonial Road and Old Donation Parkway. Said parcel is located at 1100 First Colonial Road and contains 3.33 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions are required: 1. City Water and sewer 2. Automatic sprinkler system and an automatic fire alarm system meeting the approval of the Fire Department. 3. A right-turn lane eighty feet (801) in length with an eighty-foot (801) transition is to be installed on First Colonial Road at the entrance, (subject to Staff review at Site Plan approval). 4. No additional entrance will be allowed on First Colonial Road. 5. A one-foot (11) dedication of right-of-way is required along the frontage of First Colonial Road forty-six feet from the centerline of the existing ninety-foot (901) right-of-way to provide for an ultimate four lane divided ninety-two-foot (921) road as per the Master Street and Highway Plan. 6. Adequate parking shall be on site. 7. If parking becomes inadequate, the recreation area will be available for additional parking. - 25 - Item IV-G.l.e. PUBLIC HFARING PLANNING TTEM # 27446 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the First day of June, Nineteenth Hundred and Eighty-seven. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 26 - Item IV-G.l.f. PUBLIC HEARING PLANNING ITEM # 27447 Attorney R. J. Nutter, 2809 South Lynnhaven Road, Phone: 431-3100, represented the applicant The City Clerk referenced letter of May 27, 1987, from the City Manager and a letter from Attorney R. J. Nutter requesting the application of E.S.G. Enterprises requesting that the application for a change of zoning on a four- acre parcel on Holland Road be expedited as this parcel is adjacent to the applications to be considered on this date, June 1, 1987. The City Manager advised as these Changes of Zoning are being DEFERRED for a week, this consideration for Expedition could also be DEFERRED. Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council DEFERRED one week until the City Council Meeting of June 8, 1987, Ordinances upon application of E. S. G. ENTERPRISES for Changes of Zoning: ORDINANCE UPON APPLTCATION OF E. S. G. ENTERPRISES, INC. FOR A CIIANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-8 Ordinance upon application of E. S. G. Enterprises, Inc. for a Change of Zoning District Classification from AG-1 Agricultural District to R-8 Residential District on certain property located 60 feet west of Holland Road, 4715 feet more or less south of North Landstown Road. Said parcel contains 31 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF E. S. G. ENTERPRISES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-8 Ordinance upon application of E.S.G. Enterprises, Inc. for a Change of Zoning District Classification from AG-2 Agricultural District to R-8 Residential District on certain property located on the west side of Holland Road, 4965 feet south of North Landstown Road. Said parcel contains 6.52 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. This item was DEFERRED to enable staff review of the AGREEMENT, as same had just been received. Said Agreement would proffer in writing that all requirements of the Back Bay/North Landing River Management Plan are being adhered to as well as the Best Management Practices. - 27 - Item IV-G.l.f PLANNING PUBLIC HEARING Item # 27447 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Harold Heischober Council Members Absent: None *Councilman Heischober ABSTAINED as he received a contribution from E.S.G. Companies This item was brought forward on the Planning Agenda. - 28 - Item IV-G.l.g. PUBLIC HEARING PLANNING ITEM # 27448 The following spoke in favor of the application: Gale M. Levine, 127 S. Ridgeley Point, Norfolk,Phone: 489-2596, the applicant, represented herself and presented an agreement of conditions which will govern the development of approximately 59 acres. Gale Levine had advised since Thanksgiving Meetings had been held with Members of the Planing Staff, the City Engineering Department, the City Attorney's Office, and various Civic Legues within her area as well as any interested individual. Gale Levine advised she possessed the endorsements of the Planning Staff, the Planning Commission and the Cape Henry Shores, Cape Story by the Sea and Lynnhaven Colony Civic Leagues. This property shall be didvided into three sections. Along the southern side of the property along Long Creek, a marina oriented complex will be developed. Directly north of the Marina facility, a luxury apartment complex will be developed with a restriction of 24-units per acre. Along the western side of relocated Great Neck Road all of the property will be developed as a commercial complex. Captain Les Fenlon, 2224 Scallop Road, Phone: 481-2501, President of the Lynnhaven Colony Civic League Richard L. Brothers, 2214- B Sandalwood Road, Phone: 481-6155, President of the Cape Story by the Sea Civic Association Rocco J. Lassiter, 241 Southgate Avenue, Phone: 490-9221, represented the business community and have a financial interest in 28 individual residents. Mr. Lassiter recently purchased 2/3 of the waterfront for a new subdivision on Bay Island. Commander Art Hawley, 2800 Powciana Drive, Phone: 496-0296, resident in the southwest corner of Cape Story by the Sea. Ron Makela, 2225 Wake Forest, Phone: 481-3183, Past President of the Cape Story by the Civic Association, and was one of the individuals engaged in the initial discussions with the Levine's. Did not register in APPROVAL or OPPOSITION: Michael Combs, 2200 Beech Street, expressed concern relative the Southeast Quadrant as he believed this would be a retirement community only. Mr. Combs also reiterated concern relative the buffer, as he had anticipated same would be retained in its natural state OPPOSITION: Glenn A. Huff, 2133 Windward Shore Drive, Bay Island, Phone: 481-0589, Vice President of the Bay Island Civic League, expressed concern relative density and the number of ambiguities that exist in the plans. Mr. Huff expressed apprehension relative the already congested boat traffic. Edward E. Cunningham, 2016 Bay Road, Phone: 481-6834, represented the Broad Bay Civic League and presented a petition in OPPOSITION (Said petition is hereby made a part of the record). Richard Short, 2105 Windward Shore Drive, Phone: 481-3549, President of Broad Bay Civic League, advised the various votes of the Civic Leagues: Against: Alanton, Baycliff, Bay Island, Cheslea and Great Neck; Abstained: States, First Colonial, North Alanton and Woodhurst; For: Bay Shore, Cape Story and Lynnhaven Colony. Glenn M. Hicks, 2231 Beech Sreet, Phone: 481-3383, adjacent landowner expressed concern relative the useage of the Buffer Zone and the height of the buildings as there will be no parking underneath as previously stated. - 29 - Item IV-G.l.g.(a). PUBLIC HEARING PLANNING ITEM # 27448 (Continued) Upon motion by Cou-,icilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of DAVID I. AND GALE M. LEVINE f or a Change of Zoning: ORDINANCE UPON APPLICATION OF DAVID I. & GALE M. LEVINE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO A-4 Z06871154 Ordinance upon application of David I. & Gale M. Levine for a Change of Zoning District Classification from A-1 Apartment District to A-4 Apartment District on the following parcels: Parcel 1: Located 1000 feet more or less south of Shore Drive beginning at a point 1000 feet more or less east of North Great Neck Road. Parcel 2: Located 1625 feet more or less south of Shore Drive beginning at a point 1000 feet more or less east of North Great Neck Road. Said parcels contain 22.002 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Recordation of deed restrictions limiting density to twenty-four units per acre and limiting building heights to sixty-five feet (65') on the A-4 zoned parcels. 2. Retention ol- the seventy-five-foot (751) wide buffer zone adjacent to the existing residential neighborhood along the eastern portion of the site. 3. Deed to the City of Virginia Beach all the twelve acres, more or less, of Chesapeake Bayfront property as shown on Exhibit B. 4. The applicant agrees to have rezoned by the City the area labeled as Parcel 1 (referenced Exhibit A) to P-1 Preservation District. 5. Utilization of BMP's that are reasonably applicable to this development. BMP's to be determined during detailed development review. 6. "Fitness centers" shall be rephrased to "individual fitness stations not to exceed three exercises per station" in the Agreement dated May 28, 1987, (Page 5, Paragraph 4). 7. In the event the property shall be used for a Marina, there shall be no access to the Marina by the City's haul road. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the First day of June, Niiieteenth Hundred and Eighty-seven. - 30 - Item IV-G.l.g.(a) PUBLIC HEARING PLANNING ITEM # 27448 (Continued) Voting: 7-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones and John L. Perry Council Members Voting Nay: Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None - 31 Item IV-G.l.g.(b). PUBLIC HEARING PLANNING ITF14 # 27448 (Continued) Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of DAVID I. AND GALE M. LEVINE for a Change of Zoning: ORDINANCE UPON APPLICATION OF DAVID I. & GALE M. LEVINE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO B-2 Z06871155 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of David I. & Gale M. Levine for a Change of Zoning District Classification froin A-1 Apartment District to B-2 Community-Business District on the following parcels: Parcel 1: Located 1075 feet more or less south of 7 Shore drive beginning at a point 400 feet east of North Great Neck Road. Parcel 2: Located 1600 feet more or less south of Shore Drive beginning at a point 410 feet east of North Great Neck Road. Parcel 3: Located 2375 feet more or less south of Shore Drive beginning at a point 1000 feet more or less east of North Great Neck Road. Parcel 4: Located 2600 feet more or less South of Shore Drive beginning at a point 1950 feet more or less east of North Great Neck Road. Said parcels contain 11.753 acres. Plats with more detailed information are available in the Department of Planning. LYNNIIAVEN BOROUGH The following conditions shall be required: 1. Recordation of deed restrictions limiting density to twenty-four units per acre and limiting building heights to sixty-five feet (65') on the A-4 zoned parcels. 2. Retention of the seventy-five-foot (75') wide buffer zone adjacent to the existing residential neighborliood along the eastern portion of the site. 3. Deed to the City of Virginia Beach all the twelve acres, more or less, of Chesapeake Bayfront property as shown on Exhibit B. 4. The applicant agrees to have rezoned by the City the area labeled as Parcel 1 (referenced Exhibit A) to P-1 Preservation District. 5. Utilization of BMP's that are reasonably applicable to this development. BMP's to be determined during detailed development review. 6. "Fitness centers" shall be rephrased to "individual fitness stations not to exceed three exercises per station" in the Agreement dated May 28, 1987, (Page 5, Paragraph 4). 7. In the event the property shall be used for a Marina, there shall be no access to the Marina by the City's haul road. - 32 - Item IV-G.l.g (b) PLANNING PUBLIC HEARING ITEM # 27448 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the First da,y of June, Nineteenth Hundred and Eighty-seven. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy X. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent; None - 33 - Item IV-G.l.g.(c) PUBLIC HEARING PLANNING Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of DAVID I. AND GALE M. LEVINE for a Change of Zoning: ORDINANCE UPON APPLICATION OF DAVID I. & GALE M. LEVINE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO A-4 zo6871156 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of David I. & Gale M. Levine for a Change of Zoning District Classification from B-2 Community-Business District to A-4 Apartment District on certain property located 475 feet more or less south of Shore Drive beginning at a point 950 feet more or less east of North Great Neck Road. Said parcel contains 8.329 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Recordation of deed restrictions limiting density to twenty-four units per acre and limiting building heights to sixty-five feet (65') on the A-4 zoned parcels. 2. Retention of the seventy-five-foot (75') wide buffer zone adjacent to the existing residential neighborhood along the eastern portion of the site. 3. Deed to the City of Virginia Beach all the twelve acres, more or less, of Chesapeake Bayfront property as shown on Exhibit B. 4. The applicant agrees to have rezoned by the City the area labeled as Parcel 1 (referenced Exhibit A) to P-1 Preservation District. 5. Utilization of BMP's that are reasonably applicable to this development. BMP's to be determined during detailed development review. 6. "Fitness centers" shall be rephrased to "individual fitness stations not to exceed three exercises per station" in the Agreement dated May 28, 1987, (Page 5, Paragraph 4). 7. In the event the property shall be used for a Marina, there shall be no access to the Marina by the City's haul road. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the First day of June, Nineteenth Hundred and Eighty-seven. - 34 - Item IV-G.l.g (e) PUBLIC HEARING PLANNING ITEM # 27448 (Continued) Voting: 7-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones and John L. Perry Council Members Voting Nay: Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None - 35 - Item IV-G.l.g.(d) PUBLIC HEARING PLANNING ITFM # 27448 (Continued) Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of D"ID I. AND GALE M. LEVINE f or a Change of Zoning: ORDINANCE UPON APPLICATION OF DAVID I. & GALE M. LEVINE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 to B-2 Z06871157 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACHY VIRGINTA Ordinance upon application of David I. & Gale M. Levine for a Change of Zoning District Classification from R-6 Residential District to B-2 Community-Business District on certain property located 2600 feet more or less south of Shore Drive beginning at a point 2300 feet more or less east of North Great Neck Road. Said parcel contains 1.228 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Recordation of deed restrictions limiting density to twenty-four units per acre and limiting building heights to sixty-five feet (65') on the A-4 zoned parcels. 2. Retention of the seventy-five-foot (75') wide buffer zone adjacent to the existing residential neighborhood along the eastern portion of the site. 3. Deed to the City of Virginia Beach all the twelve acres, more or less, of Chesapeake Bayfront property as shown on Exhibit B. 4. The applicant agrees to have rezoned by the City the area labeled as Parcel 1 (referenced Exhibit A) to P-1 Preservation District. 5. Utilization of BMP's that are reasonably applicable to this development. BMP's to be determined during detailed development review. 6. "Fitness centers" shall be rephrased to "individual fitness stations not to exceed three exercises per station" in the Agreement dated May 28, 1987, (Page 5, Paragraph 4). 7. In the event the property shall be used for a Marina, there shall be no access to the Marina by the City's haul road. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the First day of June, Nineteenth Hundred and Eighty-seven. - 36 - Item IV-G.l.g.(d) PUBLIC HEARING PLANNING ITEM # 27448 (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 - 37 - Item IV-G.l.h. PUBLIC HEARING PLANNING ITEM # 27449 Curtis White, the applicant represented himself, and advised the Navy has withdrawn its OPPOSITION Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council APPROVED for Compliance of Conditions in 180 days (City Council Meeting of December 7, 1987), an Ordinance upon application of CURTIS E. & NANCY C. WHITE for the discontinuance, closure and abandonment of a portion of Marshview Drive. Application of Curtis E. & Nancy C. White for the discontinuance, closure and abandonment of a portion of Marshview Drive beginning at the southern boundary of Preserve Drive and running in a southerly direction a distance of 100 feet. Said parcel is 50 feet in width and contains 5000 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Office. 2. 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. 3. Dedication of a utility easement as determined by the Department of Public Utilities over the water line located along Marshview Drive. 4. Closure of this right-of-way shall be contingent upon compliance with the above conditions within 180 days of the approval by City Council. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober ORDINANCE IqO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS MARSHVIEW DRIVE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "STREET CLOSURE PLAT 50' x 100, PORTION OF MARSHVIEW DRIVE ADJOINING AND ADJACENT TO LOT 1, BLOCK 15, AND LOT 24, BLOCK 14 LAKEVIEW MB 7 P 131, NOW KNOWN AS SALT MARSH POINT, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA." WHEREAS, it appearing by affidavit that proper notice has been given by CURTIS E. WHITE and NANCY C. WHITE, that they would make application to the Council of the City of Virginia Beach, Virginia, on J@-ary- 26 1 1987, to have a portion of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that the portion of said street be discontinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: TIiAT CERTAIN portion of MARSHVIEW DRIVE a 50' right-of-way (formerly Charleston Avenue) lying south of Preserve Drive (formerly Tenth Street), beginning at a point located at the intersection of the Western right-of-way line of Marshview Drive and the Southern right-of-way line of Preserve Drive, which point is the Northeast corner of Lot 24, Block 14, Lakeview (M.B. 7, P. 131), now known as Salt Marsh Point, thence from said point of beginning S 831 24' 21" E. a distance of 50.00 feet to a point on the eastern right-of-way line of Marshview Drive; thence S 061 351 39" W a distance of 100.00 feet along the eastern right-of-way line of Marshview Drive to a point, thence N 831 24' 21" W a distance of 50.00 feet to a pin at the southeast corner of Lot 24, Block 14, Lakeview; thence N 061 35' 39" E a distance of 100.00 feet along the western right-of-way line of Marshview Drive to the Point of Beginning as shown on that certain plat entitled "STREET CLOSURE PLAT, 50' x 100' PORTION OF MARSHVIEW DRIVE ADJOINING AND ADJACENT TO LOT 1, BLOCK 15 and LOT 24, BLOCK 14 LAKEVIEW," dated October 15, 1986, and prepared by Gallup Surveyors & Engineers, Ltd. -1- Said parcel of land being a portion of Marshview Drive as indicated on that certain street closure plat of property to be vacated adjoining and adjacent to Lot 1, Block 15 and Lot 24, Block 14 Lakeview, Lynnhaven Borough, Virginia Beach, Virginia, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, 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, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. SECTION III This Ordinance shall be effective sixty (60 ) days from the date of its adoption. 0014i -2- - 38 - Item IV-G.l.i. PUBLIC HEARING PLANNING ITEM # 27450 Bernice Marr Atkins, 1705 Maycraft Road, Phone: 464-9433, Recreational Vehicle Owner spoke in OPPOSITION to the proposed Ordinance. Upon motion by Councilwoma,@i McClanan, seconded by Councilman Fentress, City Council DEFERRED until the City Council Meeting of June 22, 1987: Ordinance to AMEND and REORDAIN Article 2, Section 233(c) of the Comprehensive Zoning Ordinance' pertaining to Recreational Campgrounds. Councilman Fentress advised this Ordinance resulted from a complaint by Ron Earley of KOA. The only change in said Ordinance which used to state "short term" is the substituted verbiage "for continuous periods not in excess of twenty-eight (28) days." This Ordinance is strictly defining "short term". The DEFERRAL will allow the Staff to review the entire Ordinance and determine if the City should be involved in regulating the length of time transportable recreational housing might stay at a Recreational Campground. Councilwoman McClanan referenced the possible substitution of the words "for continuous period not in excess of twenty-eight (28) days" for the words "in periods to be determined by the individual campground owner." Councilwoman McClanan requested the Zoning Administrator not enforce said Ordinance until City Council has resolved the situation. Councilman Moss requested a report relative the application of revenue laws to individuals who stay protracted periods of time. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Ileischober - 39 - Item IV-H.1 ORDINANCES ITEM # 27451 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council ADOPTED, upon SECOND RFADING: Ordinance to appropriate $25,200 to operate a t'Pilot" Day Camp for Children of Municipal Employees. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Ileyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum and Harold Heischober AN ORDINANCE TO APPROPRIATIK $25,200 TO OPERATED A "PILOT" DAY CAMP FOR CHIIJ)REN OF MUNICIPAL EMPLOYEES WHEREAS, the completion of the Child DeveloDment Study illustrated the need for programs which address the "latc -key' childr.. issue, and WHEREAS, the Department of Personnel surveyed the employee population to determine the need for a school-age child care program near the municipal complex, and WHERF-AS, the response was positive, with 65% needing 7 - 10 weeks of child care for the summer, and WHEREAS, the time constraints in developing a program for the summer of 1987, precluded contracting with a private vendor, and WHERF-AS, the Department of Parks and Recreation in conjunction with the Department of Social Services, could as an extension of its regular day camp programs offer a quality recreational based child care program, and WHEREAS, this program is a pilot program which will be evaluated upon completion as to the success and potential for continuance as a year round program, and WHEREAS, the projected expenditures of the program will not exceed the $25,200 in anticipated fee revenues. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that a pilot child care program open only to municipal employees be established by the Department of Parks and Recreation and that funds in the amount of $25,200 be appropriated to support the operation of the program for the summer of 1987, BE IT FURTHER ORDAINED, that this program will be totally self-supporting. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the First day of June 1987. First Reading: Mav 18- lgA7 Second Reading: June 1, 1987 APPftOVED AS TO CONTENT 5IGNA@URE DEPARTMENT CSR/4 DCAREORD - 40 - Item IV-H.2 ORDINANCES ITEM # 27451 Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 2-411, 2- 412, and 2-413 of the Code of the City of Virginia Beach, pertaining to Emergency Services Agency. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober APPROVED AS TO CONTENTS SIGNAliJREt DifARTMENT APPROVED AS TO LEGAL SUFFICIEti,@Y AND FORM Cl@ATTOOtNEY 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 2-411, 2-412, and 2-413 OF 3 THE CODE OF THE CITY OF VIRGINIA 4 BEACH, PERTAINING TO EMERGENCY 5 SERVICES AGENCY 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Sections 2-411, 2-412, and 2-413 of the Code of 11 the City of Virginia Beach are hereby amended and reordained to 12 read as follows: 13 14 ARTICLE XVIII. EMERGENCY 15 SERVIeBs-AGENey MANAGEMENT OFFICE 16 17 18 19 Section 2-411. Created; director; coordinator. 20 21 In accordance with section 44-146.19 of the Code of 22 Virginia, an agency office of emergency sery-ices management is 23 hereby created for and within the city. The city manager is 24 hereby appointed as director of emergency services management. A 25 coordinator shall be appointed by the director, with the consent 26 of council. 27 28 Section 2-412. General powers and duties of director. 29 (a) In collaboration with other public and private 30 agencies within the state, the director of emergency servieea 31 management shall develop or cause to be developed mutual aid 32 arrangements for reciprocal assistance in case of a disaster too 33 great to be dealt with unassisted. 34 (b) The director of emergency servi:ees management 35 shall prepare and keep current a local or interjurisdictional 36 emergency plan for the area. This shall include, but not be 37 limited to, responsibilities of all local agencies and shall 38 establish a chain of command. 39 40 Section 2-413. Declaration of emergencies. 41 A local emergency may be declared by the director of 42 emergency services management, with the consent of the council. 43 In the event the council cannot convene due to the disaster, the 44 director or any member of the council, in the absence of the 45 director, may declare the existence of a local disaster subject 46 to confirmation by the council at a special meeting within five 47 (5) days of the declaration. The council, when in its judgment 48 all emergency actions have been taken, shall take appropriate 49 action to end the declared emergency. 50 Adopted by the Council of the City of Virginia Beach, 51 Virginia, on the 1st day of June 1987. 52 53 WEB/epm 54 05/19/87 55 CA-02278 56 \ordin\proposed\02-41letc.pro 2 - 41 - Item IV-I.l. RESOLUTION ITEM # 27452 Upon motion by Councilwoman McClanan, seconded by Councilman Fentress, City Council ADOPTED, AS AMENDED: Resolution directing the Planning Commission to consider a proposed amendment to Section 933 of the Comprehensive Zoning Ordinance pertaining to sign regulations in the B-4 Resort Commercial District. Said Resolution shall be amended to " ... expedite the Planning Commission's transmittal of its recomendation to the City Council as soon as legally possible". Said Motion shall also instruct the City Attorney's Office to investigate the possiblity of DEFERRING applications relative the sign regulations in the B-4 Resort Commercial District until more definitive information is available. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober 1 A RESOLUTION REFERRING A PROPOSED AMENDMENT 2 TO SECTION 933 OF THE COMPREHENSIVE ZONING 3 ORDINANCE, PERTAINING TO SIGN REGULATIONS 4 IN THE B-4 RESORT COMMERCIAL DISTRICT, TO 5 THE PLANNING COMMISSION FOR RECONSIDERATION 6 7 8 WHEREAS, on May 12, 1987, the Planning Commission 9 deferred indefinitely consideration of and recommendation 10 concerning a proposed amendment to Section 933 of the 11 Comprehensive Zoning Ordinance, pertaining to sign regulations in 12 the B-4 Resort Commercial District; and 13 WHEREAS, on April 20, 1987, the City Council enacted 14 certain sign regulations pertaining to the other zoning districts 15 comprising the Resort Area, to-wit: the B-5 Resort Cormnercial 16 District, the H-2 Resort Hotel District and the C-1 Arts and 17 Conference District; and 18 WHEREAS, at the present time there exists a great 19 disparity between the sign regulations in the B-4 Resort 20 Commercial District and those of the other aforesaid Resort Area 21 zoning districts; and 22 WHEREAS, it is in the best interests of the City of 23 Virginia Beach that the City Council act upon the proposed B-4 24 sign regulations as soon as is lawful and feasible; 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 That the Planning Commission is hereby directed to 28 consider, at its next regular public hearing, the proposed 29 amendment to Section 933 of the Comprehensive Zoning ordinance 30 previously considered by it on May 12, 1987; and be it further 31 resolved, 32 That the Planning Commission is requested to take final 33 action upon said ordinance in lieu of further deferring the same, 3 4 35 and to expedite its transmittal of its recommendation to the City 36 Council as soon as legally possible. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, this 1st day of June 1987 - 3 9 40 WMM/dhh 41 05/18/87 42 06/01/87 43 44 2 - 42 - Item IV-J. CONSENT AGENDA ITEM # 27453 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council APPROVED in One Motion Items 1, 4, 5, 6, and 7 of the CONSENT AGENDA. Items IV-J.2 and 3 were voted upon separately. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober - 43 - Item IV-J.1. CONSENT AGENDA ITEM # 27454 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council ADOPTED: RESOLUTION IN RECOGNITION Valinda Sue Carroll - Green Run High School Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent; Harold Heischober ION IN TION TO SUE CARROLL Bducation is the basis upon .hich individuals shape their lives, and perhaps the mst valuable of all education is the ability to oneself do the thing that must be done when it olight to be done, regardless of tinie or reason. The best and most lxnportant part of education is that which one gives oneself. As @ acqliire more knowledge, things do nDt beccme mare ccmprehensible, but more mysterious,- Virginia Beach ranks with the nation's best and abcve niost educational systems. Citizens and their youth are better prepared to nieet tcmorrow's challenges with 42.22% of the City's operating budget allocated to education. The highest fumtion of teaching is in st:Lmulating the pupil into the pursul-t of Rmwledge, belief in the present and in opportunities, in the future and its prcrdses, as well as in the divine joy of living; and, : @ SLIE CARROLL, Green km Higb School, has a Grade Point Average of 3.5476 and an SAT Score of 1350. Valinda also has an Advanced PlacEment in Studio Art. Valirida is a Semi-Finalist in the Negro Program of the Naticnal Merit Scholarship. She received the President's Acaderftic Fitness @d. @e is a of the National 1-bnor Society, International @spian Society, @err-h Club (Reporter and Historian), Art Club (Treasurer), Spirit Club, Historical Society, Year.boc)k Staff (Academices EUitor) and the Poers Club. Valinda hopes to study @cial Art at Pbrth@stern University. Her Guidance Cbunsellor stated: is a very talented artist". NC7A, @RE, BE IT RESOLVED: 'Ihe Virginia Beach City (buncil, which is very proud of the City's school system that has contributed much to the @ity of life ve prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: Given under my hand and seal, tbis First Day of June, Nineteen Hundred and Eighty-Seven Mayor Item IV-J.2. CONSENT AGENDA ITEM # 27455 Gary Jones, Assistant Director of Public Utilities, responded to Ciy Council inquiries and advised the Force Main design was in accordance with the Comprehnesive Zoning Ordinance. The Force Main and the Pump Station are sized for Foxfire, the two schools and the City Garage facility at Leroy Drive. Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council DEFERRED for one week until the City Council Meeting of June 8, 1987: Ordinance to authorize and direct the City Manager to execute a cost participation agreement with Urban Associates - Foxfire for Capital Project 6- 316. This DEFERRAL will enable the Attorney representing the City on the downzoning issue to determine if there is any potential liability or disadvantage that this improvement may pose to pending litigation on September 30, 1987. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober Requested by: Department of Hou5ing and Community Development ORDINANCE TO APPLY FOR RENTAL REHABILITATION FUNDS FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, Section 17 of the United States Housing Acf of 1937 established the Rental Rehabilitation Program providing for rental rehabilitation assistance; and WHEREAS, this program provides grants to States and units of general local government to help support the rehabilitation of privately owned real property to be used for residential rental purposes; and WHEREAS, this program is designed to Increase the supply of standard housing units affordable to lower Income families; 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 City of Virginia Beach has received a total Rental Rehabilitatlon Grant of $309,100 for fiscal years 1984-85, 1985-86 and 1986-87 and Is in the process of Implementing this program; and WHEREAS, the City of Vlrginia Beach desires to Initiate an application for Rental Rehabflitation Program funds In the amount of $165,000, which have been allocated to the City to continue Rental Rehabilitation Program activities. NOW, THERERORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to cause such Information or materials, as may be necessary, to be provided to the U. S. Department of Housing and Urban Development to permit the review, approval and funding of the City's Rental Rehabilitation Grant Application. AND BE IT FURTHER ORDAINED, that the Council of the City of Virginia Beach gives Its assurance that the Intent of the Act will be complied with In full. AND BE IT FURTHER ORDAINED, that the Department of Housing and Urban Development Is respectfully requested to assist In the prompt approval and funding of the subject program In order that the public Interest of this City may be best protected. Adopted by the Council of the City of Virginia Beach, Virginia on this 1st day of June 1987. APPROVED AS TO CONTENT: APPROVED AS TO FORM: Mary @. Ustick, Director City Attorney Department of Housing and Community Development - 46 - Item IV-J-4- CONSENT AGENDA ITEM # 27457 Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's rights-of-way of Atlantic Avenue, 16th Street and Ocean Avenue to James H. Capps t/a The Breakers Resort Inn, his heirs, assigns and successors in title (Virginia Beach Borough). The following conditions shall be required: 1. The owner agrees to remove the encroahcment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4- Prior to any construction within the existing public right-of-way, the owner or his agent shall obtain a permit from the Highway Inspections Bureau. 5. Prior to issunace of a Highway permit, the owner or his agent must post a Performance Bond and show proof of public liability (minimum $300,000). Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 A TEMPORARY ENCROACHMENT 5 INTO A PORTION OF THE 6 CITY'S RIGHTS-OF-WAY OF 7 ATLANTIC AVENUE, 16TH 8 STREET AND OCEAN AVENUE 9 TO JAMES H. CAPPS T/A THE 10 BREAKERS RESORT INN, HIS 11 HEIRS, ASSIGNS AND 12 SUCCESSORS IN TITLE 13 14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 That pursuant to the authority and to the extent 17 thereof contained in Section 15.1-893, Code of Virginia, 1950, as 18 amended, James H. Capps t/a The Breakers Resort Inn, his heirs, 19 assigns and successors in title are authorized to construct and 20 maintain a temporary encroachment into the rights-of-way of 21 AtlantiC Avenue, 16th Street and Ocean Avenue. 22 That the temporary encroachment herein authorized is 23 for the purpose of constructing and maintaining a private 24 irrigation system and that said encroachment shall be constructed 25 and maintained in accordance with the City of Virginia Beach 26 Public WorkS Department's specifications as to size, alignment 27 and location, and further that such temporary encroachment is 28 more particularly described as follows: 29 30 An area of encroachment into a 31 portion of the City's rights-of-way 32 known as Atlantic Avenue, 16th 33 Street and Ocean Avenue as shown on 34 that certain plat entitled: 35 "PROPOSED IRRIGATION PLAN FOR THE 36 BREAKERS," a copy of which is on 37 file in the Department of Public 38 Works and to which reference is 39 made for a more particular 40 description. 41 42 PROVIDED, HOWEVER, that the temporary encroachment 43 herein authorized shall terminate upon notice by the City of 44 Virginia Beach to James H. Capps t/a The Breakers Resort Inn, his 45 heirs, assigns and successors in title and that within thirty 46 (30) days after such notice is given, said encroachment shall be 47 removed from the City's rights-of-way of Atlantic Avenue, 16th 48 Street and Ocean Avenue and that James H. Capps t/a The Breakers 49 Resort Inn, his heirs, assigns and successors in title shall bear 50 all costs and expenses of such removal. 51 AND, PROVIDED FURTHER, that it is expressly understood 52 and agreed that James H. Capps, t/a The Breakers Resort Inn, his 53 heirs, assigns and successors in title shall indemnify and hold 54 harmless the City of Virginia Beach, its agents and employees 55 from and against all claims, damages, losses and expenses 56 including reasonable attorney's fees in case it shall be 57 necessary to file or defend an action arising out of the location 58 or existence of such encroachment. 59 AND, PROVIDED FURTHER, that this ordinance shall not be 60 in effect until such time that James H. Capps t/a The Breakers 61 Resort Inn executes an agreement with the City of Virginia Beach 62 encompassing the afore-mentioned provisions. 63 Adopted by the Council of the City of Virginia Beach, 64 Virginia, on the 1st day of June 1 9 87 65 66 67 JAS/ih 68 04/24/87 69 04/28/87 70 CA-87-02251 71 (encroach\breakers.ord) -A'PPROVED AS TO CONTENT SIGNAfURE DEPARTMINT 2 THIS AGREEMENT, made this day of 19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and JAMES H. CAPPS T/A THE BREAKERS RESORT INN, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W I T N E S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a private irrigation system to serve the lawn around The Breakers Resort Inn in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such a private irrigation system, it is necessary that the said party of the second part encroach into a portion of existing City rights-of-way known as Atlantic Avenue, 16th Street and Ocean Avenue; an@ said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such a private irrigation system within a portion of the City's rights-of-way known as Atlantic Avenue, 16th Street and Ocean Avenue. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the city's rights-of-way known as Atlantic Avenue, 16th Street and Ocean Avenue for the purpose of constructing and maintaining such a private irrigation system. it is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's rights-of-way known as Atlantic Avenue, 16th Street and ocean Avenue as shown on that certain plat entitled: "PROPOSED IRRIGATION PLAN FOR THE BREAKERS," a copy of which is attached hereto and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's rights-of-way known as Atlantic Avenue, 16th Street and ocean Avenue by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. it is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's 2 fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Highway Inspections Bureau prior to commencing any construction within the City's rights-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for 3 the use of such portion of the City's rights-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the city shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. CITY OF VIRGINIA BEACH By City Manager (SEAL) ATTEST: City Clerk JAMES H. CAPPS T/A THE BREAKERS RESORT INN @,ROVED AS TO CONTEit ii GN T Ri By J46es H. Capps DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND ,@, i@, , S) c@@, - --- @ CITY AT' 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that THOMAS H. MUEHLENBECK, City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of 1 19 has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby,certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the _ day of , 19 _, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 Notary Public My commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that James H. Capps T/A The Breakers Resort Inn, whose name is signed to the foregoing writing, bearing date the day of 19 has acknowledged the same before me in my City and State aforesaid. Given under my hand this :7- day of i 9@. -Nb@a@ @i.@l,c My Commission Expires:@ JAS/ih 04/24/87 04/28/87 CA-87-2251 (encroach\Breakers.agr) 6 - 47 - Item IV-J-5- CONSENT AGENDA ITEM # 27458 Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's Property known as Lake Joyce and twenty-foot (20) strip surrounding Lake Joyce to Robert F. and Jeanette T. Hedrick, their heirs, assigns and successors in title (Bayside Borough). The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owmer agrees to maintain said encroachment so as not to be come unsightly or a hazard. 4. The owner must obtain a Waterfront Construction Permit and a Building Permit. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober .4PPROVED AS TO CONTENT SIGt4ATLJP,E DEPARTMENT; API JVEI) A's TO@FORM V I SIGNATk'P;- Cl FY @,.ITC@NEY 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 A TEMPORARY ENCROACHMENT 5 INTO A PORTION OF THE 6 CITY'S PROPERTY KNOWN AS 7 LAKE JOYCE AND 20 FOOT 8 STRIP SURROUNDING LAKE 9 JOYCE TO ROBERT F. 10 HEDRICK AND JEANETTE T. 11 HEDRICK, THEIR HEIRS, 12 ASSIGNS AND SUCCESSORS IN 13 TITLE 14 15 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 That pursuant to the authority and to the extent 18 thereof contained in Section 15.1-893, Code of Virginia, 1950, as 19 amended, Robert F. Hedrick and Jeanette T. Hedrick, husband and 20 wife, their heirs, assigns and successors in title are authorized 21 to construct and maintain a temporary encroachment into the 22 City's property known as Lake Joyce and 20 foot strip surrounding 23 Lake Joyce. 24 That the temporary encroachment herein authorized is 25 for the purpose of constructing and maintaining an existing 26 replacement bulkhead to remain in place and that said 27 encroachment shall be constructed and maintained in accordance 28 with the City of Virginia Beach Public Works Department's 29 specifications as to size, alignment and location, and further 30 that such temporary encroachment is more particularly described 31 as follows: 32 33 An area of encroachment into the 34 City's property known as Lake Joyce 35 and 20 foot strip surrounding Lake 36 Joyce as shown on that certain plat 37 entitled: "LOT 24A RESUBDIVISION 38 OF LOTS 24 & 25, POWELLS POINT 39 BAYSIDE BOROUGH VA. BEACH, VA,I' a 40 copy of which is on file in the 41 Department of Public Works and to 42 which reference is made for a more 43 particular description. 44 45 PROVIDED, HOWEVER, that the temporary encroachment 46 herein authorized shall terminate upon notice by the City of 47 Virginia Beach to Robert F. Hedrick and Jeanette T. Hedrick, 48 husband and wife, their heirs, assigns and successors in title 49 and that within thirty (30) days after such notice is given, said 50 encroachment shall be removed from the City's property known as 51 Lake Joyce and 20 foot strip surrounding Lake Joyce and that 52 Robert F. Hedrick and Jeanette T. Hedrick, husband and wife, 53 their heirs, assigns and successors in title shall bear all costs 54 and expenses of such removal. 55 AND, PROVIDED FURTHER, that it is expressly understood 56 and agreed that Robert F. Hedrick and Jeanette T. Hedrick, 57 husband and wife, their heirs, assigns and successors in title 58 shall indemnify and hold harmless the City of Virginia Beach, its 59 agents and employees from and against all claims, damages, losses 60 and expenses including reasonable attorney's fees in case it 61 shall be necessary to file or defend an action arising out of the 62 location or existence of such encroachment. 63 AND, PROVIDED FURTHER, that this ordinance shall not be 64 in effect until such time that Robert F. Hedrick and Jeanette T. 65 Hedrick, husband and wife, execute an agreement with the City of 66 Virginia Beach encompassing the afore-mentioned provisions. 67 Adopted by the Council of the City of Virginia Beach, 68 Virginia, on the 1st day of June 1987 69 70 71 JAS/ih 72 04/23/87 73 CA-87-02237 74 (encroach\Hedrick.ord) 2 THIS AGREEMENT, made this day of 19@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and ROBERT F. HEDRICK AND JEANETTE T. HEDRICK, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W I T N E S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain an existing replacement bulkhead to remain in place in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such existing replacement bulkhead, it is necessary that the said party of the second part encroach into the City's property known as Lake Joyce and 20 foot strip surrounding Lake Joyce; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such existing replacement bulkhead within the City's property known as Lake Joyce and 20 foot strip surrounding Lake Joyce. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use the City's property known as Lake oyce and 20 foot strip surrounding Lake Joyce for the purpose J of constructing and maintaining such an existing replacement bulkhead. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and @the City of Virginia Beach, and in accordance with the City of IVirginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more iparticularly described as follows, to wit: An area of encroachment into the City's property known as Lake Joyce and 20 foot strip surrounding Lake Joyce as shown on that certain plat entitled: "LOT 24A RESUBDIVISION OF LOTS 24 & 25, POWELLS POINT BAYSIDE BOROUGH VA. BEACH, VA," a copy of which is attached hereto and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's property known as Lake Joyce and 20 foot strip surrounding Lake Joyce by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and 2 @against all claims, damages, losses and expenses including !reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such lpermission and authority to permit the maintenance or construction of any encroachment other than that specified @herein and to the limited extent specified herein, nor to ipermit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part must obtain a Waterfront Construction Permit and a Building Permit. it is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge Ithe party of the second part compensation for the use of such portion of the City's property encroached upon the equivalent of what wo.ld be the real property tax upon the land so occupied if it were owned by the party of the second part; and 3 !if such removal shall not be made within the time ordered @hereinabove by this Agreement, the city shall impose a penalty @in the sum of One Hundred Dollars ($100.00) per day for each iand every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties 1in any manner provided by law for the collection of local or state taxes. CITY OF VIRGINIA BEACH By City Manager (SEAL) ATTEST: City Clerk Atbert F. Hddri@k Teine@-@'-./H drick STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereb y certify that THOMAS H. MUEHLENBECK, City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of 19 4 has acknowledged the same before me in my City and State laforesaid. GIVEN under my hand this _ day of 19 Notary 15ublilz My Commission Expires: 'STATE OF VIRGINIA I ICITY OF VIRGINIA BEACH, to-wit: I, a Notary iPublic in and for the City and State aforesaid, do hereby icertify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of 19 has acknowledge d the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 Notary Public My commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: /,,Z) a Notary Public in and for the City and State aforesaid, do hereby certify that Robert F. Hedrick and Jeanette T. Hedrick, husband and wife, whose names are signed to the foregoing writing, bearing date the 12 day of 19 5 @have acknowledged the same before me in my City and State aforesaid. Given under my hand this i day of 19 Notary Public My Commission Expires: 57 JAS/ih 04/21/87 @PROVED AS TO CONTEI'4 f s CA-2237 (encroach\Hedrick.agr) DEPARTMENT APPROVED AS TC) LEGAL SU,'FICIENCY AND FORM c", "TTC..,@!E. 6 - 48 - Item IV-J.6. CONSENT kGENDk ITF14 # 27459 Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council KPPROVED: RAFFLE PERMIT: Aragona-Pembroke Little League Aragona Garden Club Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober - 49 - Item IV-J.7. CONSENT AGENDA ITIDI # 27460 Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council APPROVED: CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Grand Limousine Services, Inc. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Harold Heischober - 50 - Item IV-K.1/2/3/4 APPOINTMENTS ITEM # 27461 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS: BOND REFERENDA COM14ITTEE FACT FINDING COMMITTEE - Ocean Lakes SOCIAL SERVICFS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION - 51 - Item IV-L.1 UNFINISHED BUSINESS ITEM # 27462 Vice Mayor Oberndorf referenced numerous telephone calls relative the Ordinance authorizing the transfer of $1,300,000 from the Princess Anne High School Renovation Project to Salem High School Project. Said Ordinance was ADOPTED on May 18, 1987. Vice Mayor Oberndorf sponsored the various speakers representing the concerns of Princess Anne High School. Carlton Bowyer, Assistant Superintendent of Schools, presented a CHRONOLOGY OF the PRINCESS ANNE HIGH SCHOOL PROJECT emphasizing the breakdown of costs, the SCOPE OF THE WORK, and REVISED SCOPE OF WORK. (Copy of same is hereby made a part of the record). Nothing has been removed from the SCOPE OF WORK. The following delineated their concerns: Wayne F. Lesperance, 584 Old Post Road, Phone: 463-7597, Student at Princess Anne High School Paul D. Merullo, 508 Presidential Boulevard, Phone: 486-2479, Princess Anne High School Student Robert Alan Givens, 4424 Hisndale Steeet, Phone: 499-6019, Student at Princess Anne High School William W. Cox, iv, 4516 North Hessian Road, Phone: 497-2684, Studnet at Princess Anne High School Sarah Lowman, 800 St. Martin, First Vice President of the Princess Anne P.T.A. Joan Scholefield, 605 Severn Drive, Phone: 499-6251 Robert A. Finley, 4449 Hudgins Drive, Phone: 473-0118, represented the lembroke Meadows Civic League The Community would benefit from a Public Meeting, probably at the High School, outlining the Scope of Work with all concerns addressed. Councilwoman Henley requested the RENOVATIONS relative BAYSIDE and KELLAM HIGH SCHOOLS not be included in a REFERENDIbi. Mr. Boywer was requested to ask that the Virignia Beach School Board hold a PUBLIC HEARING on this subject as soon as possible and to advise City Council of the date, time and place. - 52 - Item IV-M.l. NEW BUSINESS ITEM # 27463 BY CONSENSUS, City Council RESCHEDULED for the City Council Meeting of June 8, 1987: EDUCATING THE ELDERLY - Health Insurance Claim Sam Houston, Sr. Sponsored by Councilman Heischober - 53 - Item IV-M.2 NEW BUSINESS ADD-ON ITEM # 27464 0. Eugene LeJeune, Payroll Administrator, and Member of the Health Insurance Committee, presented information relative the City's Health Insurance and complications involved. Rick Barry, Assistant Purchasing Agent assisted in a presentation concerning the City's Health Insurance. In 1982, the City hired a consultant who recommended the program be put to bid. As a result, PRUDENTIAL was awarded the contract with a moral committment to adhere to the Prudential Plan for at least three years. In 1985, the HMO's entered the market area and new problems arose. The major problem being Federal Law requires one of each type of Health Maintenance Organization. Health Maintenance Organizations are composed of two types: (a) group model and (b) open panel. The City rebid the Program and selected one of each type of Health Maintenance Organizations and an Indemnity plan. Again, Blue Cross won the Indemnity plan contact. In 1986 at the end of the first contract, Blue Cross advised the rates which were extemely Iiigh were contingent on their maintaining their 450 employee base. As only 177 employees selected this traditional insurance plan, Blue Cross dropped same. The City was able to join with the League of Cities' Contract, New Century Life. When the renewals came out this year, the HMO's increased about 6%, so the Health Insurance Task Force recommended that we not bid HMO'S. Because of the Rate Increases for the Indemnity Plan ($200 for a single employee, $586 for a Family Plan), the Health Insurance Task Force recommended that the Dental Plan and the Indemnity Plan be bid and RFP's were submitted for both. Satisfactory Bids were received on the Dental Plan but there were no Bids on the Indemnity. The City employees basically do not have an Indemnity Plan because no one would bid on same. - 54 - Item III-M.1 ADJOURNMENT ITEM # 27465 Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED the Formal Session at 9:33 P.M- Beverl@'O. Hooks Chief Deputy City Clerk -guth Hodg@s Smith, CMC City Clerk bert d. @ayor City of Virginia Beach Virginia