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Home My WebLink AboutDECEMBER 10, 1991 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR .@E- E. BEM@U, Al-@, Vi@E -- .BE.T E. I-ENT@, ViO. JOHN A. -U., M-. ]"a W. @@U. I... L,..@- WBERT W. @LY.UM. -@h -R.- -H@R. Al-@@, wuts R. IOFA ,- -@@ PAUL] @NTEIGNE, N- --@ A@- NAN@ Al-@, -WAM D. JR., A,.@, .1 C@ HA@ ..WING @UBMY V. WAM, JR.. Ci,, M..- CITY COUNCIL AGENDA MUNICIPAL @@ITER V)RGINIA @CH. VIRCIIIA .--5 @E L. U@y, Cil, A,-, I-) R@H H.-. -ITfl. CMCI-E, Ci,, DECEMBER 10, 1991 ITEM 1. CITY MANAGER'S BRIEFING - Council Chamber - 12: NOON A. TOTAL QUALITY MANAGEMENT PROGRAM Patricia Phillips, Director, kesearch and Strategic Analysis ITEM 11. INFORMAL SESSION - Council Chamber 1:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM 111. FORMAL SESSION - Council Chamber 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndort B. INVOCATION: Reverend T. E. Thieman, D.D. Chaplain C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. PUBLIC HEARING-School Board Appointment Candidates-December 2, 1991 2. INFORMAL & FORMAL SESSION -December 3, 1991 G. ORDINANCE/RESOLUTION 1. Ordinance to TRANSFER $23,488 from the Department of Natural Resources and Rural Services to the Department of Human Resources, EEO/AA Unit, to staff the Investigation Review Panel and Human Rights Cormnission. 2. Resolution establishing "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closure". (The Policy to be established is made a part ot this Agenda.) (Sponsored by Councilman John A. Baum) H. LOW BID A & W CONTRACTORS Old Dam Neck/Upton Estates $471,396.25 Sanitary Sewer Improvements (CIP 6-993) 1. PUBLIC HEARING 1. PLANNING a. Ordinance for the discontinuance, closure and abandonment of port i ons of Emb I em and She I I Roads, I ocated at the Northeast intersection of said streets, containing 2,495 square feet, in the petition of WILLIAM T. WINGFIELD (BAYSIDE BOROUGH). Deferred for Compliance: November 27, 1990 Additional Deferral: May 28, 1991 Recommendation: WITHDRAWAL b. Application of ST. STEPHENS CHURCH OF GOD-IN-CHRIST for a Conditional Use Permit for a church (addition) at the Northwest corner of South Birdneck Road and Beautiful Street (189 South Birdneck Road), containing 1.31 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL c. Application of HARTFORD DEVELOPMENT GROUP, INC. for a Chanqe of Zoning District Classification from PD-H2 (R-5D) Planned Unit Dev t to P-1 Preservation District, 1000 feet more or less East ot Holland Road beginning at a point 800 feet more or iess South of Monet Drive, containing 58.746 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL d. Application of FEMALE ENTERPRISES, INC. for a Conditional Use Permit for a borrow pit on the North and South sides of Flanagans Lane, beginning 1800 feet more or less East of Princess Anne Road, containing 110 acres more or less (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL e. Ordinance to AMEND and REORDAIN Article 2, Section 211, of the City Zoning Ordinance re temporary signs. Recommendation: APPROVAL J. APPOINTMENTS RESORT AREA ADVISORY COMMISSION SCHOOL BOARD SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. (STOP) K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED DECEMBER 17, 1991 Formal Session 2:00 PM 12/5/91 lbs M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Vlrginla December 10, 1991 Mayor Meyera E. Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL for the CITY MANAGER'S BRIEFING concerning the TOTAL QUALITY MANAGEMM PROGRAM j, the Counci.1 Chamber, City Hall Building, on December 10, 1991, at 12:00 NOON. Council Members Present: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: James W. Brazier, Jr (OUT OF THE CITY ON VACATION) 2 C I T Y M A N A G E R 'S B R I E F I N G TOTAL QUALITY MANAGEMENT PROGRAM 12:00 NOON ITEM # 35152 Mr. James K. Spore, City Manager, i ntroduced Patricia Phi I I 1 ps, Research and Strategic Analysis, who advised the Briefing is designed to explain an approach to transtorming the internal culture of an organization from traditional top down hierarchal structure to a more horizontal structure where all processes are seen as one of relationships, where suppliers interact with customers and employees ot all levels work together as a team. Continued Improvement is the motto and everyone participates. A quality philosophy will, over a period of years result in dramatic tangible improvement and savings in terms of teamwork and energized employees. Mrs. Phillips introduced the Management Leadership Team: C. Oral Lambert, Jr. City Manager's Office Patricia Phillips Research and Strategic Analysis Linda Champion City Manager's Office John Herzke Public Works Charlie Hassen Development Services Center Bill Tillman Budget and Evaluation Lee Hedberg Research and Strategic Analysis Gwen Cowart Joint Cable Center John Stewart Public Libraries Terry Jenkins Comprehensive Mental Health Bessie Bell @unl+y Corrections Curtis Fruit Clerk of the Circuit Court Fagen Stackhouse Human Resources Ron McLemore Human Resources The Briefing consists of three parts: What Is Quality Mangement? Why do we need Quality Management? How will be begin our Quality Journey? Mrs. Phillips quoted President George Bush: "The improvement of quality in products and the improvement of quality in services these are national priorities as never before". THE NAMES OF QUALITY MANAGEMENT Participative Management Employee Involvement Total Employee Involvement Total Quality Management "TQMII Total Quality Leadership IITQLII Continuous Improvement Continuous Quality Leadership "CQL" All have the same objective: To motivate people to "work smart", to be more productive, to do right things right. Mrs. Phillips reiterated the "ELEMENTS" of Quallty Management: Leadership -- management led Customer Focus -- citizens Continuous Improvement Employee Involvement Systematic Support Training 3 C I T Y M A N A G E R 'S B R I E F I N G TOTAL QUALITY MANAGWM PROGRAM ITEM # 35152 (Continued) Total Quality Management is continuous improvement. Unlike traditional management, where the focus is on the individual, continuous improvement quality management sees work as a process which is never-ending. Tt is important that employees be innovative. Another important concept to stress is customer focus. Citizens are seen as valued customers rather than anonymous taxpayers. Every organization will have internal and external customers and their needs must be considered. Partnerships must be developed and future needs anticipated. Systematic support (Performance Management, Employee Recognition, Strategic Planning) is also an important concept in Quality Management. MEASUREMENT Establish baseline measures with customers Ensure customer demands are met Evaluate processes and results achieved Fagan Stackhouse, Human Resources, advised, in order to achieve success with Quality Management and the continuous improvement process, there must be significant employee involvement, employees participating in the quality improvement process from the very beginning to the very end. The front line worker should be empowered with the authority to make decisions and to change the process and improve upon this process. Eighty-five percent (85%) of problems are due to the process, not the person. The questions must be asked: "Am I doing the right things right?". A clerk may fill out 1,000 forms perfectly, but if only 30% of the information is used, than 70% of the effort was wasted. Quality management philosophies are based on the works of: Deming, Crosby, Juran, Feigenbaum and Ishikawa. The City has chosen to utilize the Deming approach, focusing on his seven step method and fourteen points. Quality Management is the most significant change since the industrial revolution. John Herzke, Public Works, quoted Lester Thurow of the Harvard Business School, at a recent Conference of Xerox employees: "On the stroke of Midnight on December 31, 1992, the United States will become the second-largest economy in the world for the first time in this century". Mr. Herzke cited the following reasons for this occurrence: Failed to invest in people Failed to update its methods Lost touch with customers Underestimated its rivals From 1979 to 1989, one-half of the Fortune 500 companies were no longer in business, which is another startling revelation. The current pressures on local government may seem great, but are probably not much different than the wake-up call most American businesses are receiving. The American public now expects and demands quality products and services -- from government as much as business. The City cannot maintain the "status quo". The City must move ahead. Good enough is no longer good enough. In the 1960's, the rule of thumb for measuring productivity was errors in "parts per 1,000"; in the 1970's, it was "parts per 10,000; in the 1980's, with the introduction of quality firms, the measure was "parts per Million"; and in the 1990's, it is "parts per Ten Million" and beyond. Another measure of performance is 99% However, in terms of public services, this equates to: Unsafe drinking water 4 days per year No electricity, water or heat for 15 minutes each day Doctors would write 200,000 wrong prescriptions each year Your newspaper would not be delivered 4 times each year. - 4 - C I T Y M A N A G E R 'S B R I E F I N G TOTAL QUALITY MANAGWM PROGRAM ITEM # 35152 (Continued) Gwen Cowart, Joint Cable Center, cites the reasons for Quality Management: Pressure will continue on policy makers and public adminis- tration officials to reduce costs. State and local expenditures, as a percentage of state personal income, have been declining. Service is expected to remain constant or, in fact, increase while costs are either maintained at current levels or reduced. Quality Management is important t6 City Council Members and citizens because only by systematically removing the causes of problems can improved productivity be gained. More can be accomplished by employees and their leaders working together than can be accomplished by individuals working at odds with one another or working alone. A structured problem-solving process in City government reduces better solutions than the unstructured processes often used in the past. Quality Management is important to City Council Members and Managers because TQM techniques let them know where they are, the reiative importance of problems to be solved and whether the changes made have had the desired impact. City employees want to be involved, do their jobs well and feel like valued contributors. TQM enables and encourages people to share their observations and suggestions. Improvement benefits us all. Economic survival is the reason for Quality Management. Ron McLemore, Human Resources, detailed the beginning of the quality journey. The change has already been set in motion: Administrative Leadership Steering Committee Planning Education and Training Creation of Teams The Steering Committee has embarked over the last six months to study, read and attend various education programs concerning the process. Executives, Middle Managers and Supervisors have in large part already attended a 2 1/2-day training program on quality leadership. Another training program has been scheduled in January. Mr. McLemore has also been conducting a one-day awareness program for City employees. Approximately 700 employees have completed this program. Twenty-five employees have been trained in week-long quality advisory programs to be in the position to lead teams, be advisors to teams and assist in training. The following Project Teams have been developed: Bond Reduction Contracting Process Grass Mowing Personnel Requisition Special Events Permitting Employee Injury The Steering Committee invited Members of City Council to attend the Process Improvement Projects Pilot Team Training Progress Reports at the Pavilion Room 101-107 from 8:00 A.M. to 1:00 P.M. on December 16, 1991. - 5 - C ON C E R N S OF T HE MAYOR 12:45 P.M. ITEM # 35153 Mayor Oberndorf advised the Ocean Occasions/Virginia Beach Events, Unlimited Christmas Parade was a beautiful occasion on the whole and contained a magnificent fireworks display. However, complaints have been received from eight (8) mothers concerning the type of participation in the parade by the Haunted Mansion. This display depicted baby dolls being smashed against the ground and blood running out of their heads, baby dolls being impaled on spears. Mayor Oberndorf requested the citizens contact Tracy Halman at Virginia Beach Events, Unlimited. ITEM # 35154 Mayor Oberndorf advised of a visit and letter by Robert W. Dedman, President - ORCHESTRA VIRGINIA BEACH. The Mayor distributed copies of same, which is hereby made a part of the record. For nine years, this Orchestra has survived with no personal or corporate donation larger than $5,000 and without borrowing money. At this time, ORCHESFRA VIRGINIA BEACH needs a commitment from the City. This year, due to the 80% state and 20% city cut, they are faced with a severe cash flow crises. ORCHESTRA VIRGINIA BEACH's 1991-1992 Budget is $400,000. ORCHESTRA VIRGINIA BEACH has appealed to City Council for a one-time gift of $40,000, to navigate this most difficult year and continue to be a valuable cultural resource for the City of Virginia Beach. Mr. Dedman attached a copy of their 1991-1992 Budget. Mayor Oberndorf also advised of ORCHESTRA VIRGINIA BEACH's request for ADOPTION of a Resolution expressing enthusiasm for and support of the Orchestra by the City Council. City Council will be provided a copy of ORCHESTRA VIRGINIA BEACH's operating expenses. The City Staff will review this request and advise City Council. - 6 - ITEM # 35155 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on Tuesday, December 10, 1991, at 12:55 P.M. Council Members Present: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: James W. Brazier, Jr. - 7 - ITEM # 35156 Mayor Meyera E. Oberndort entertained a motion to permit City Counci I 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 or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, discipi ining, or resignation of specif ic public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments: Community Development Citizens Advisory Committee Resort Area Advisory Commission School Board Southeastern Tidewater Opportunity Project, Inc. 2. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acqu sition 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 pursuant to Section 2.1-344(A) (3). TO-Wit: Advance right-of-way acquisition Princess Anne Road at Buzzard's Neck Road. Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent James W. Brazier, Jr. - 8 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL December 10, 1991 2:00 P.M. Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bui Iding, on Tuesday, December 10, 1991, at 2:00 P.M. Council Members Present: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: James W. Brazier, Jr. INVOCATION: Reverend T. E. Thleman, D.D. Chaplain PLEDGE AG OF T NITED STATES OF AMERICA 9 Item III-E.2. CERTIFICATION OF EXECUTIVE SESSION ITEM 35157 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were !dent! f led in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 35156, Page No. 7 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. I NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. _Wth Hodges Sitith, CMC/AAE City Clerk December 10, 1991 - 10 - Item 111-F.I. MfNUTES ITEM # 35158 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Counci I APPROVED the Minutes of the PUBLFC HEARING - School Board Appointment Candidates for December 2, 1991. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. Item Ill-F.I. MINUTES ITEM # 35159 Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of December 3, 1991. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. - 12 - Item Iii-F.3. ANNOUNCEMENT ITEM # 35160 Mayor Oberndorf recognized the fol lowing Boy Scout in attendance during the City Council Session to earn his badge in communications: TROOP 375 CHARITY NECK CHURCH PUNGO Sean McKim 1 3 Item Ill-G.l. ORDINANCE/RESOLUTION ITEM # 35161 Upon motion by Vice Mayor Fentress, seconded by Counci ]man Baum, City counci I ADOPTED: Ordinance to TRANSFER $23,488 from the Department of Natural Resources and Rural Services to the Department of Human Resources, EEO/AA Unit, to staff the Investigation Revlew Panel and Human Rights Commission. Voting: 8-2 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and Wi I I iam D. Sessoms, Jr. Council Members Voting Nay: Louis R. Jones and Nancy K. Parker Council Members Absent: James W. Brazier, Jr. 1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF 2 $23,488 TO THE HUMAN RESOURCES DEPARTMENT, EEO/AA UNIT TO STAFF THE 3 INVESTIGATION REVIEW PANEL AND THE HUMAN RIGHTS COMMISSION 4 5 WHEREAS, The City Council adpoted resolutions authorizing the City 6 Manager to establish and provide administrative support to an Investigation 7 Review Panel and a Human Rights Commission; 8 WHEREAS, the responsibility for administrative support of the Human 9 Rights Commission was placed with the EEO/AA Coordinator and with the Human 10 Resources Department for the Investigation Review Panel; 11 WHEREAS, the EEO/AA Coordinator, who is housed in the Human Resources 12 Department, is responsible for implementing the EEO Discrimination Complaint 13 Procedure, coordinating the EEO Employee Advisory committee, providing training 14 on equal employment and sexual harassment issues, providing workforce analysis 15 statistics for management, providing support to the Mayor's Committe for the 16 Disabled, providing the self-evaluation and transition plan for the Americans 17 with Disabilities Act; all of these duties are encompassed in the City's 18 Affirmative Action efforts; 19 WHEREAS, The EEO/AA Coordinator will additionally provide staff support 20 to the Panel and Commission; 21 WHEREAS, clerical support for the EEO/AA Coordinator is provided through 22 part-time temporary services personnel and the workload is ever increasing and 23 places additional duties on other Human Resources personnel; 24 WHEREAS, a clerical position and some additional equipment would be 25 required for tbe EEO/AA Coordinator to staff the Panel and the Commission; 26 WHEREAS, a clerical position exists in the Department of Natural 27 Resources and Rural Services which can be transferred to the EEO/AA 28 Coordinator's office and avoid the costs of adding an additional FTE to the 29 City's workforce; 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 That a position and funds in the amount of $16,123 are transferred from 33 the Department of Natural Resources and Rural Services to the Department of 34 Human Resources, EEO/AA Coordinator budget unit for the purpose of providing 35 clerical support needed for the Investigation Review Panel and the Human Rights 36 Commission; 1 BE IT FURTHER ORDAINED: 2 That funds in the amount of $7,365 are transferred from the Reserve for 3 Contingencies to the Department of Human Resources, EEO/AA Coordinator budget to 4 provide funding for support costs and equipment. 5 This ordinance shall be in effect from the date of its adoption. 6 Adopted by the Council of the City of Virginia Beach, Virginia on the 7 10 day of December 1991. 'AP ,PR,OVED AS TO CONI'Ei,4 i UFE DEPARTmENT APPROVED AS TO L,RGAL SUFFICIENCY A@i!) F',',RM CIT, - 14 - Item 111-G.2. ORDINANCE/RESOLUTION ITEM # 35162 Upon motion by Counci Iman Baum, seconded by Vice Mayor Fentress, C!tY Counci I ADOPTED: Resolution estab I i,hing "POI Icy Regarding Purchase Ot City's Interest in streets Pursuant to Street Closure". Voting: lo-o Council Members Voting Aye: John A. Baum ' Robert W. Clyburn, Vice Mayor Robert E. Lanteigne, I Fentress, Halold Heischobe'r, Louis R. Jones, Pa, J. Reba S- McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. Requested by Councilman John A. Baum 1 RESOLUTION ESTABLISHING A POLICY 2 REGARDING PURCHASE OF CITY'S 3 INTEREST IN STREETS PURSUANT TO 4 STREET CLOSURE 5 WHEREAS, Section 33-112 of the Code of the City of 6 Virginia Beach grants CitY Council the discretion to require the 7 street closure applicant as a condition to the vacation of any city 8 street, alley, easement or other public way, to purchase from the 9 city its interest for which the vacation iS required; and provided 10 the parties agree as to the value of such property or easement; and 11 WHEREAS, CitY Council wishes to promulgate a policy 12 regarding the determination of the purchase price to be paid to the 13 city by the street closure applicant where the Purchase is made a 14 condition to the vacation of any city street, alley, easement or 15 other public way. 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 That the attached "Policy Regarding Purchase of city's 19 Interest In Streets Pursuant To Street Closures" attached hereto 20 and incorporated by reference is hereby established as a policy 21 regarding the determination of the purchase price to be paid to the 22 city by a street closure applicant where purchase of the city's 23 interest is made a condition to the vacation of any city street, 24 alley, easement or other public way. 25 This Resolution shall have application to all street 26 closure applications filed after the effective date of this 27 Resolution. 28 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 29 VIRGINIA, on the -10 day of December 1991. 30 CA-4512 31 ORDIN\NONCODE\ST-CLOSE.RES 32 R-2 POLICY REGARDING PURCHASE OF CITY'S INTEREST IN STREETS PURSUANT TO STREET CLOSURES I. Appraisals - Prior to final closure, the property which is the subje t of a street closure application shall be appraised by a real estate appraiser who is licensed to perform appraisals in the Commonwealth of Virginia. The appraisal shall be for the purpose of determining the fair market value of the underlying fee in the street, easement or other property which the applicant seeks to have closed. Where the subject property is of such size or configuration that it does not constitute a building site in itself, the highest and best use nd the value of the property shall be determined with reference to the assemblage potential of the subject property with the adjacent property. The appraiser shall be selected by the City Real Estate Agent, and the cost of the appraisal shall be paid by the applicant. II. Determination of the Purchase Price to be paid to the City by a street icant. a. Where the City owns the fee in the. street. Where the City owns the nderlying fee t to be clos-ed, the City Real Estate Agent shall require the applicant to pay the fair market value of the underlying fee Such payment shall be satisfied in full prior to final closure. b. Where e underlvina fee. In instances ty owns an easement but own the underlying fee, the City Real Estate Agent shall negotiate with the applicant to reach a reasonable purchase price for the closure of the City's interest in the property that is the subject of the application. Provided, however, the purchase price shall not be less than 50% of the appraised value. III. als In the event the applicant and the City Real Estate Agent cannot agree as to the purchase price to be paid to the City, the applicant may appeal such determination to the City Manager, who shall make his recommendation as to purchase price to the City Council. - 15 - Item 111-H.I. ORDINANCE/RESOLUTION ITEM # 35163 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council APPROVED: LOW BID A & W CONTRACTORS Old Dam Neck/Upton Estates $471,396.25 Sanitary Sewer Improvements (CIP 6-993) Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. 16 - Item PUBLIC HEARING ITEM # 35164 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) WILLIAM T. WINGFIELD STREET CLOSURE (b) ST. STEPHENS CHURCH OF GOD-IN CHRIST CONDITIONAL USE PERMIT (c) HARTFORD DEVELOPMENT GROUP, INC. CHANGE OF ZONING DISTRICT CLASSIFICATION (d) FEMALE ENTERPRISES, INC. CONDITIONAL USE PERMIT (e) CITY ZONING ORDINANCE Article 2, Section 211, re temporary signs - 17 - Item III-I.I.a. PUBLIC HEARING ITEM # 35165 PLANNING Upon motion by Councilman Jones, seconded by Councilman Heischober, City Cuncil ALLOWED WITHDRAWAL of the Ordinance upon application of Petition of WILLIAM T. WINGFIELD for the discontinuance. of portions of Emblem and Sheil Roads. Ordinance upon application of William T. Wingfield for the discontinuance, closure and abandonment of portions of Emblem Road and Shell Roads located at the northeast intersection of said streets. The parcels contain 2,495 square feet. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. - 18 - Item 111-I.i.b. PUBLIC HEARING ITEM # 35166 PLANNING Andre Banks, Architect for St. Stephens Church of God-in-Christ Church. Upon motion by Councilwoman Parker, seconded by Counci lman Sessoms, City Counci I ADOPTED an Ordinance upon 8pplication of ST. STEPHENS CHURCH OF GOD- IN-CHRIST for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ST. STEPHENS CHURCH OF GOD-IN-CHRIST FOR A CONDITONAL USE PERMIT FOR A CHURCH (ADDITION) R012911408 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRIGNIA Ordinance upon appi ication of St. Stephens Church of God-in-Christ for a Conditional Use Permit for a church (addition) at the northwest corner of South Birdneck Road and Beautiful Street. The parcel is located at 189 South Birdneck Road and contains 1.31 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. A Bozird of Zoning Appeals variance to setback requirements must be obtained. 2. Phase two additions must include construction of the parking area. 3. The proposed parking area must be redesigned to preserve as many existing mature trees as practical by incorporating them into required landscape areas. A tree preservation and protection plan shall be submitted for approval by the City Arborist. 4. The detailed site plan must address stormwater management in accordance with the provisions of the Stormwater Management Ordinance. 5. The internal lot line must be vacated by recorded plat. 6. An approximate 18-foot right-of-way reservation is required along South Birdneck Road. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of December, Nineteen Hundred and Ninetv-One. - 19 - Item III-I.I.b. PUBLIC B M ING ITEM # 35166 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. 20 - Item PUBLIC HEARING ITEM # 35167 PLANNING Richard K. Stell, 219 66th Street, Phone: 486-4910, represented the applicant Upon motion by Counci lwoman McClanan, seconded by Counci lwoman Parker, Citv Counci I ADOPTED an Ordinance upon appl ication of HARTFORD DEVELOPMENT GROUP', Inc. tor a Change of Zoning: ORDINANCE UPON APPLICATION OF HARTFORD DEVELOPMENT GROUP, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM PD-H2 (R-5D) TO P-1 Z012911336 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Harttord Development Group, Inc. for a Change of Zoning District Classification from PD-H2 (R-5D) Planned Unit Development District to P-1 Preservation Distri,t on property located 1000 feet more or less east of Holland Road beginning at a point 800 feet more or less south of Monet Drive. The proposed zoning classification change tO P-1 Preservation District is for the protection of critical areas of special environmental concern. The Comprehensive Plan recommends use of this parcel for conservation and suburban low density residential development at densities that are compatible with single family use in accordance with other Plan policies. The parcel contains 58.746 acres. PRINCESS ANNE BOROUGH. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Lenth of Decembe teen Hun d and Ninetv-One. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. - 21 - Item III-I.I.d. PUBLIC HEARING ITEM # 35168 PIANNING The following speakers registered in SUPPORT of the application: Attorney Charles Salle' , 192 Ballard Court, Phone: 490-3000, represented the applicant Richard K. Stell, 219 66th Street, Phone: 486-4910, represented the applicant Sandra McDaniel, 4738 Open Greens Drive, Phone: 464-0508, President of Female Enterprises, Inc. owrier of 50% of the Stock with Alice Womack owning the remaining 50%. The following speakers registered in OPPOSITION to the application: Attorney Mike Gardner, 900 One Columbus Center, Phone: 473-5359, represented adjacent residents, among them Louise Williamson, Larry and Kitty Herz. This proposed pit would be in Mrs. Williamson's back yard. The proposed egress road going out of the pit will run along the back yard of Larry and Kitty lierz. John H. Gray, 1501 Sandbridge Road, Pat Ingmire, 2933 Seaboard Road, Phone: 721-5549 Larry Herz, 1868 Princess Anne Road, Phone: 426-6827 Steven Berman, 1685 Flanagans Lane, Phone: 426-2077, presented petitions containing 1100 signatures and letters in OPPOSITION. Said infor,ati,, i, hereby made a part of the record. Jeff Utley, 2988 Seaboard Road, Harry Luman, 5629 Albright Jim Beckstedt, 349 E. Chickasaw Road, Phone: 499-1673, Chip McQuilkin, 1405 Drum Pont Road, Back Bay, Phone: 721-3625 Upon motion by Councilwoman McClanan, seconded by Councilman Lanteigne, City Council DENIED the Ordinance upon application of FE14ALE ENTERPRISES, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FEMALE ENTERPRISES, INC. FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT Ordinance upon application of Female Enterprises, Inc. for a Conditional Use Permit for a borrow pit on certain property located on the north and south sides of Flanagans Lane beginning 1800 feet more or less east of Princess Anne Road. The parcel contains 110 acres more or less. PRINCESS ANNE BOROUGH. - 22 - Item 111-I.I.d. PUBLIC HEARING ITEM # 35168 (Continued) PLANNING Voting: 7-3 Council Members Voting Aye: Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: John A. Baum, Vice Mayor Robert E. Fentress and Harold Heischober Council Members Absent: James W. Brazier, Jr. - 23 - Item II-I.Ie. PUBLIC HEARING ITEM # 35169 PLANNING Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED, AS AMENDED*: Ordinance to amend Section 211 of the City Zoning Ordinance, pertaining to temporary signs. *The word "square" shall be interested on line 41 after "(75)" and before "feet". Voting: 7-3 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McCianan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: James W. Brazier, Jr. I AN ORDINANCE TO AMEND SECTION 211 OF THE CITY 2 ZONING ORDINANCE, PERTAINING TO TEMPORARY 3 SIGNS 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 5 VIRGINIA BEACH, VIRGINIA: 6 That Section 211 of the City Zoning Ordinance, pertaining 7 to temporary signs, be, and hereby is, amended and reordained, and 8 shall read as follows: 9 Section 211. signs permitted in all districts. 10 The following types of signs are exempted from all of the 11 provisions of this ordinance, except for illumination, construction 12 and safety regulations and the following standards: 13 14 b) Temporary signs. 15 (1) Temporary signs announcing any public, charitable, 16 educational, religious or other noncommercial event or function, 17 located entirely upon the property on which such event or function 18 is held and set back no less than seven (7) feet from the property 19 line, and having a maximum sign area of thirty-two (32) square 20 feet. Such signs shall be allowed no more than thirty (30) days 21 prior to the event or function and must be removed within seven (7) 22 days after the event or function. Such signs may be illuminated in 23 accordance with the restrictions set forth @ in section 213 24 hereof. If building-mounted, such signs shall be flat wall signs 25 and shall not project above the roofline. If freestanding, the 26 height of any such sign shall be no more than twelve (12) feet 27 above ground level. 28 (2) Temporary signs of a commercial nature announcing grand 29 openings or other special events or promotions, subject to the 30 limitations as to size, height and location set forth in 31 subdivision (1) hereof - Such signs shall be displayed no inore than 32 three (3) times per year by any business or establishment, nor for 33 any period in excess of seven (7) days. 34 (3) Temporary signs la ed upon-r 35 balloons, subject to the requirements of subdivisions (1) and (2) 36 hereof; provided, however, that such signs may_ 37 project Lo more 38 above the roofline if 39 , have a height not exceeding 40 thirty (30) feet from ground level. 41 42 Adopted by the City Council of the City of Virginia 43 Beach, Virginia, on the 10th day of December, 1991. 44 CA-90-4030 45 \ordin\proposed\45-0211.pro 46 R-3 2 - 24 - Item III-J.1. APPOINTMENTS ITEM # 35170 BY CONSENSUS, City Council PESCHEDULED the following APPOINTMENTS: RESORT AREA ADVISORY COMMISSION - 25 - Item III-J.2. APPOINTMENTS ITEM # 35171 Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. (STOP) Delceno C. Miles Unexpired Term thru 6/30/95 Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. - 26 - Item III-J.3. APPOINTMENTS ITEM # 35172 The following spoke in SUPPORT of the reappointment of Gregory N. Stillman and Ulysss V. Spiva to the Virginia Beach School Board: William H. Carson, II, 921 Queen Elizabeth Drive, Phone: 463-7429, teacher Bess Mann, 1014 Hanson Way, Phone: 496-2833, high school teacher Jessica Wadkins, 5200 Mill Dam Road, student. Miss Wadkins presented 413 petitions in SUPPORT of Ulysses V. Spiva and Greg N. Stillman. Rena Mitchell, 2801 County Place, Phone: 426-0828, PTA Member, advocate for children. Susan Cofer, 1580 Lake Christopher Drive, Phone: 495-3431, teacher for 11 years. Aubin Hooker, 221 80th Street, Phone: 422-3741, Student at First Colonial High School. Lance Lewis, 200 80th Street, Phone: 491-4189, Student. George Minns, President - NAACP, Post Office Box 4548, Norfolk, Va. Cara Posise, 3704 North Queens Grove, Phone: 498-8433, Student at First Colonial High School. F. Terry Elliot, 924 Fernridge Road, Phone: 468-2182, "activitist for children". Mr. Elliot also spoke in OPPOSITION to the sand for Sandbridge. Cheryll Tokac, 1904 Eastborn Drive, Phone: 486-0202, President of the Virginia Beach Education Association. Mrs. Tokac presented petitions bearing 6,681 signatures in SUPPORT of the reappointment of Samuel W. Meekins, Ulyses V. Spiva and Greg N. Stillman. Said petitions are hereby made a part of the record. Rita Burkhardt, 1408 Fairbank Court, Phone: 467-6751, PTA President and former teacher. Norman Fuller, 5408 Peggy Circle, Phone: 479-4642, high school teacher. Carol Shraeder read into the record a letter of Joyce Davis, 4153 Edinburgh Drive, Phone: 463-0283. Debbie Eid, read into the record a letter of Diane McCabe, 737 Pinetree Drive, Phone: 463-4595 into the record. Jack Freeman, 1721 Dancers Court, Phone: 479-4906 Cliff Kratt, 5396 Dalrymple Street, Phone: 479-0059, Tutor at Tallwood Elementary School. Rae LeSesne, 5325 Thornburg Lane, Phone: 497-8008, President of Citizens Action Coalition. Jim Beckstedt, 349 East Chickasaw Road, Phone: 499-1673 Debbie Atkins, 3562 Brigita Court, Phone: 468-8072, teacher for six years. Mrs. D. Kennedy Small, 3409 Stancil Street, Phone: 486-9757 Richard Good, 5667 Barkwood Court, Phone: 420-7873 Phyllis Butler, 1809 Roves Lane, Phone: 479-4414, Kellam High School Teacher Mike Jenkins, 5308 Thornburg Lane, Phone: 499-8185 Jan Kitchin, 315 26th Street, Phone: 425-1842, Librarian at Thoroughgood Elementary School Kathryn Arn, 936 Stockbridge Drive, Phone: 495-0096, Fairfield Elementary School Teacher. Robert Dean, 1204 Shawn Drive, Phone: 427-6606 Jennifer Carter, 1337 Mill Dam Road, Phone: 481-6087, student. The following spoke in SUPPORT of the reappointment of Ulysses V. Spiva and he appointment of Louisa M. Strayhorn to the SCHOOL BOARD: Rhonda Mealy, 2008 Livingston Oak Drive, Phone: 479-0564, represented CAT (Citizens Advancing Together). CAT is a local association comprised of African Americans. The following spoke in SUPPORT of Edgward G. Kreyling, Jr. for appointment to the SCHOOL BOARD: Cindy Robinson, 876 Bishopsgate Lane, Phone: 463-3047/441-7652 (w) Robert W. Coffey, 4320 Delray Drive, Phone: 464-0019 Deborah Noxon, 767 Suffolk Lane, Phone: 629-2715 Ray Chenosky, 1422 Seabreeze Trail, 23452, Phone: 498-4890 The following spoke in SUPPORT of Edgward G. Kreyling, Jr. and Louisa M. Strayhorn for appointment to the SCHOOL BOARD: Maxine Graham, 3057 Sandpiper Road, Phone: 721-3000. Mrs. Graham also reiterated the need for sand for Sandbridge The following diverted from the subject of the SCHOOL BOARD and spoke on other matters: Colonel Robert Engesser, 5290 Vestry Drive, Phone: 399-3157 - 27 - Item III-J.3. APPOINTMENTS ITEM # 35172 (Continued) Upon NOMINATION by Councilman Lanteigne, City Council APPOINTED: SCHOOL BOARD June Turner Kernutt (Pungo Borough) Three-Year Term 1/1/91 - 12/31/94 Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. - 28 - Item III-J.3. APPOINTMENTS ITEM # 35172 (Continued) Upon NOMINATION by Councilman Clyburn, City Council REAPPOINTED: SCHOOOL BOARD Samuel W. Meekins (Kempsville Borough) Three-Year Term 1/1/91 - 12/31/94 Voting: 10-0 Council @lembers Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. - 29 - Item III-J.3. APPOINTMENTS ITEM # 35172 (Continued) A NOMINATION was made by Vice Mayor Fentress, to REAPPOINT: SCHOOL BOARD Ulysses V. Spiva At Large Greg N. Stillman At Large Three-Year Term 1/1/91 - 12/31/94 Voting: 5-5 (NOMINATIONS FAILED FOR LACK OF A MAJORITY VOTE) Council Members Voting Aye: Robert W. Clyburn, Vice Mayor Robert E. Fentress, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: John A. Baum, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, and Reba S. McClanan Council Members Absent: James W. Brazier, Jr. - 30 - Item III-J.3. APPOINTMENTS ITEM # 35172 (Continued) Councilman Jones NOMINATED: Louisa M. Strayhorn for an At Large Seat Councilman Heischober NOMINATED: Edward G. Kreyling, Jr. for an At Large Seat Upon these NOMINATIONS, City Council APPOINTED: SCHOOL BOARD Edward G. Kreyling, Jr. At Large Louisa M. Strayhorn At Large Three-Year Term 1/1/91 - 12/31/94 Voting: 6-0 Council Members Voting Aye: John A. Baum, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Robert W. Clyburn, Vice Mayor Robert E. Fentress, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: James W. Brazier, Jr. 31 - Item ADJOURNMENT ITEM # 35173 Mayor Oberndorf DER-LARED the CitY Council Meeting ADJOURNED at 9:08 P-M- Bev Chi lerk Mcycra R4- Mayor Ci- city of Virginia 13each virginia