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Home My WebLink AboutAUGUST 11, 1986 MINUTES "WORLD'S LARGEST RESORT CITY" :ITY (@OUNCIL IAYOR ROBERT G. ]ONES, At L.,, I(:F. MAYOR MEYERA E OBERN@RR, Al I-Bi-HI W BALKO, IIIN A BAUM, OBERT E FEN7 RESS, Vi,i@@@ B,@,h h ',Ikoi,f) liEl@S( liOBER. A, ,IRIIARI @W IIENI,P-V P-@, L'BA S M,(:IANAN P,,@.... A.@, @@,h )HN 11 MO,@ K,@,-@tt, AN(:Y K PARKFR. Al [,,, )IiN L PERRY B,,iA, &,@@,h 281 CITY HALL BUI@ING MUNICIPAL CENTER U7 H tiOI)GES SMITH, CMC. Cil, Cl-k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 (80@) 427-4303 August 11, 1986 VIRGINIA BEACH CITY COUNCIL ITEM 1. INFORMAL SESSION: VIRGINIA REACR CITY COUNCIL Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF CITY COUNCIL C. CONCERNS OF CITY COUNCIL D. CITY MANAGER'S INFORMAL BRIEFINGS 1. Computerization of Traffic Signals 2. 19th Street Parking DOME Landscape and Site Improvement Project E. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM II. FORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 PM A. INVOCATION: Reverend Eugene R. Woolri.dge, Jr. Virginia Beach United Methodist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUOCIL D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA E. MINUTES 1. Approval of City Council Minutes of August 4, 1986. F. PRESENTATIONS 1. AAA Pedestrian Safety Award For Excellence G. PUBLIC HEARING 1. PLANNING ITEMS - BY CONSENT a. Application of Avalon Church of Christ for a Conditional Use Permit for a church addition at 844 Toodstock Road, containing 5.3771 acres (Kempsville Borough). Recommendation: APPROVAL b. Application for Trustees Emmanuel Lutheran Church for a Conditional Use Permit for a pre-school at 301 Lynnshore Drive, containing 1.56 acres (kempsville Borough). Recommendation: APPROVAL c. Application of Acquisition, Inc. for a Conditional Use Permit for mini-warehouses on certain property located on the north side of Newtown Road, 500 feet west of Broad Meadows Boulevard, containing 2.954 acres (Bayside Borough). Recommendation: APPROVAL d. Application of Thelmond and Kay Hinson for a Conditional Use Permit for outside storage located 2,160 feet more o less west o@London Bridge Road, 950 feet more or less south of the interse-2tion of Bowland Parkway, Lot 6, London Bridge Industrial Park 11, containing 4.46 acres (Lynnhaven Borough). Recommendation: APPROVAL e. Application of J. Brock Nelson/Liberty Nissan, Ltd. for a Conditional Use Permit for new and used automobile sales and service at 3757 Bonney Road, containing 3.47 acres (Lynnhaven Borough). Recommendation: APPROVAL 2. PLANNING ITEMS a. Application of Dennis P. Murtland for a Conditional Use Permit for a Jiffy Lube located on the south side of Indian River Road, 300 feet, more or less, east of Kempsville Road, containing 23,914 square feet (Kempsville Borough). Deferred by City Council on July 14, 1986 Recommendation: DENIAL b . Application of Hubert L. and Mona H. Dail for a Change of Zoning from R-8 Residential District to 0-1 Office District at 2724 Ansol Lane on Lots 8 and 9, Block 10, Lynnhaven Village, containing 15,000 square feet (Lynnhaven Borough). Recommendation: DENIAL C. Application of Ellis G. and Ingeborg A. Holloway for a Change of Zoning from R-5 Rpsidential District to B-2 Community-Business District at 263 N. Lynnhaven Ro d@, containing 33,759 square feet (Lynnhaven Borough). Recommendation: DENIAL d. Application for Claudine S. Camper for a Conditional Use Permit for an automobile repair center at 1724 Laskin Road, containing 19,115 square feet (Lynnhaven Borough). Recommendation: DENIAL e. Application of Tidewater Westminster Homes, Inc. at 709 Aragona Boulevard, containing 1.43 acres, (Bayside Borough): Variance to Section 4.4(b) of the Subdivision Ordinance which requires that lot dimensions conform to the Comprehensive Zoning Ordinance; AND, Conditional Use Permit for apartments [or the elderly. Recommendation: DENIAL f. Ordinance to AMEND and REORDAIN the Comprehensive Zoning Ordinance pertaining to Article 1, Section 107(f) - amendments. Deferred by City Council on June 23, 1986. Recommendation: APPROVAL H. ORDINANCES 1. Ordinance to authorize the First Assembly of God Ghurch to hold 29.237 acres of land in the City of Virginia Beach. 2. Ordinance declaring certain property EXCESS on South Birdneck Road and authorizing the City Manager to dispose of same. 3. Ordinance to transfer $589,550 from CIP #3-950 (Juvenile Court Building) and #3-958 (Correction Center Study) to CIP#3-807 for two additional microwave dishes, RADIO TOWER. 4. Ordinance granting a franchise to Triton Towers Associates to operate an open air/boardwalk cafe and authorizing and directing the City Manager to execute a franchise agreement, subject to the conditions contained and/or referenced. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to AMEND and REORDAIN Section 2-120, of the Code of the City of Virginia Beach, pertaining to extended SICK LEAVE. 2. Ordinance upon SECOND READING to accept and appropriate from the Virginia Department of Mental Health and Mental Retardation to the Virginia Beach Department of Mental Health, Mental Retardation and Substance Abuse: a. $69,947 for a Day Treatment for Older Adults; b. $79,211 for continuation of Day Treatment Program for Emotionally Disturbed Children; C. $33,333 for enhanced Mental Health Case Management; d. $228,057 for enhanced Mental Retardatic3n Program. 3. Ordinance upon SECOND READING to accept and appropriate $10,122 from the Virginia Department of Social Services to the Virginia Beach Department of Social Se,rvices; AND, To transfer $2,530 from the General Reserve for Contingencies to the Social Services Budget Unit: For the pre-grant phase of the Aid to Families with Dependent Children (AFDC) Program. 4. Ordinance upon SECOND READING to accept and appropriate an entitlement grant of $1,785,000 plus program income of $50,000 from the Department of Housing and Urban Development to the Community Development Twelfth Program Year, ($1,835,000). 5. Resolution authorizing the City Manager to sign the right- of-way entry for survey and exploration to test for hazardous wastes on the former Nike site properties now owned by the City of Virginia Beach. 6. Ordinance to authorize a temporary encroachment into portions of the rights-of-way of Bay Drive, Cavalier Drive, Pinewood Road, and Ridge Road to Princess Anne Country Club, Inc. 7. Ordinance to authorize temporary encroachments into portions of the City's drainage easement and right-of-way known as Onondaga Road to Earnest L. Hudson and Phyllis Anne Hudson. 8. Ordinance authorizing tax refunds in the amount of $6,909.44. J. APPOINTMENTS 1. Citizen's Advisory Committee 2. Community Corrections Resource Board 3. Tidewater Regional Group Home 4. Virginia Beach Development Authority 5. Wetlands Board K. UNFINISHED BUSINESS L. NEW BUSINESS 1. Cancel/Reschedule Meeting of September 1, 1986 (City Holiday) LABOR DAY. 2. Cancel/Reschedule Meeting of September 22, 1986 (Virginia Municipal League Conference). M. ADJOURNMENT M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 11, 1986 The INFORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order by Mayor Robert Jones in the Conference Room, City Hall Building, on Monday, August 11, 1986, at 12:35 P.M- Council Members Present: John A. Baum, Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: Vice Mayor Meyera E. Oberndorf (ENTERED: 12:37 P.M.) - 2 - C 0 N C E R N S 0 F C I T Y C 0 U N C I L VIRGINIA HIGHWAY AND TRANSPORTATION CONk'EHENCE ITEM # 25797 Councilwoman Parker referenced the VIRGINIA HIGHWAY AND TRANSPORTATOIN CONFERENCE at Virginia Military Institute. Vice Mayor Oberndorf advised only one representative need attend. INDUSTRIAL DEVELOPMENT AUTHORITY BRIEFING ITEM # 25798 The City Manager referenced the BRIEFING scheduled by the VIRGINIA BFACH INDUSTRIAL DEVELOPMENT AUTHORITY for Tuesday, August 12, 1986, at 10:00 A.M. had been CANCELLED. WATER SITUTATION ITEM # 25799 Councilman Balko requested a weekly update concerning the City's Water situation. Councilman Balko expressed appreciation for the one dated July Twenty-fifth. The City Manager advised he would forward same to City Council. VIRGINIA OBESERVER ITEM # 25800 Mayor Jones advised his letter in response to the inflamatory article in the VIRGINIA OBSERVER concerning violation of grave sites would serve as an answer to all correspondence received by the various Members of City Council. Councilman Baum referenced the graves of "slaves'? and advised some portion of same might not be suitable for any kind of development. Councilman Perry referenced a telephone conversation with Mrs. Harrison and advised she has memory of not more than six individuals being buried in this particular site. - 3 - MAT T E R S BY T HE MAYOR CONFLICT OF INTEREST ITEM # 25801 Mayor Jones advised he had requested the City Clerk compile a list on the SYNTREX's WORD PROCESSER for each Council Member's campaign contributions as well as their various business connections derived from the CONFLICT OF INTERESTS Disclosure Forms. Said campaign filings were procured from the VOTER REGISTRAR. Each week, this list would search the AGENDA to determine if any Member of City Council may have a CONFLICT. TWO-SIDED AGENDA ITEM # 25802 BY CONSENSUS, Members of City Council will receive their Agenda printed on both sides (back/front) for future City Council Meetings. PENDLETON GOLF COURSE ITEM # 25803 Mayor Jones advised the City Manager and Councilman Fentress will be traveling to Richmond to plea on behalf of the City for utilization of the CAMP PENDLETON GOLF COURSE. CABLECASTING OF CITY- COUNCIL ITEM # 25804 Mayor Jones advised the CITY COUNCIL REPORTS PROGRAM will be initiated Wednesday evening, August 13, 1986. Councilman Baum advised he would not be able to participate and as he assumed same was voluntary. - 4 - INFORMAL SESSION PRESENTATION COMPUTERIZATION OF TRAFFIC SIGNALS August 11, 1986 12:48 P.M. The City Manager introduced C. Oral Lambert, Director of Public Works, who reiterated a report on COMPUTERIZATION OF TRAFFIC SIGNALS. The Utilization of Traffic signals is an important tool and can assist in providing orderly and safe movement of vehicular traffic on a highway, if the utilization of the signal is warranted. If not warranted, same can become a nuisance and a potential traffic hazard. The decision to utilize a traffic signal is not by requests, but by the standards established by the Federal manual on Uniform Traffic Control Devices, which is developed by the Federal Highway Administration. The Federal Highway Administration has devised 11 types of situations where if traffic volumes or conditions meet these standards, the utilization of a traffic signal would be an appropriate measure to deal with this situation. Currently in Virginia Beach, there are 22 Traffic Signals in service, 19 of those are "flashing" only and are iocated at Schools and Fire Stations. AproximatelY 44 are controlled by Computer. The majority of the traffic signals are in the northern portion of the City. The Computer is located in the City's Traffic Operations Facilities on Landstown Road. Present plans entail an expansion of the computerization for an additional 119 Signals. Two Design Efforts are required for this expansion: 1. Design of the Cable Installation - the routing which makes the connection with the Computer at Landstown possible (design of the hardware). 2. Design of Individual Unique Program required for each individual location (design of the software). Mr. Lambert further advised the three (3) Phases of the additional 119 SIGNALS: PHASE ONE: Construction of the cable will commence this coming Fall and will provide for connecting all the signals in the Beach Borough, out Laskin Road, down Virginia Beach Boulevard up to Great Neck Road. Same will be completed in the Spring of 1987. PHASE TWO: This entails completing connections to existing cables. This Phase will provide for a tie with most of the arterial highways throughout the City. This Design effort is expected by the end of this year with construction of the Cable to begin in the early part of 1987, subject to funding being made available in the proposed Capital Improvement Program. Construction of this cable will require approximatley 6 to 9 months. PHASE THREE: This represents a major design effort and will require appoximately a year and a 'half for completion. Implementation, bringing the signals on line, will occur as the design is complete. It will take another year and 'half to complete this entire package. All THREE PHASES should be completed by Mid-1988. Mr. Lambert advised the COMPUTER alone would not address CAPAGITY PROBLEMS. The future planned improvements for the City's roadways will begin to address these problems. - 5 - PRESENTATION 19th STREET PARKING DOME LANDSCAPE AND SITE IMPROVEMENT PROJECT August 11, 1986 1:03 P.M- The City Manager introduced Timothy E. Barrow, Chairman, Resort Area Advisory Commission, who reiterated information relative lgth STREET PARKING AND the DOME LANDSCAPE AND SITE IMPROVEMENT PROJECT. The RESORT CENTER STREETSCAPE IMPROVEMENT PROJECT is a component for the current Capital Improvement Program. Within this structure, the project has been identified as a high priority. In the course of the RESORT ADVISORY COMMMISSIONIS EVALUATION, the area surrounding the Dome site was noted as a problem. The RESORT ARFA ADVISORY COMMISSION is requesting $170,000 of the $865,000 funded be reallocated and utilized for aesthetic and functional commitment to upgrading sidewalk, parking lots, curbing, and treescape/landscape improvements. Essentially, it would involve the improvement of the entrance area in front of the DOME on Pacific Avenue along all frontages there,including the development of a Plaza Area at the entrance with additional landscaping, street tree planting being introduced at that point. Same would apply at the intersection of Twentieth Street and Pacific Avenue. These are areas where the greatest visibility is involved. As part of this improvement program, curb, gutter, and sidewalk extensions would be made along Twentieth Street as well as on Arctic. Currently, no sidewalks exist in those areas. This improvement would also entail the introduction of tree planting, as well as a low hedge planting along the perimeter of the Parking Lot to provide screening for the parking area. It would also involve an addition of street trees being planted in the parking lot of the DOME Facility itself, as well as an extension of that treatment along the Nineteenth Street Corridor. These improvements are entirely consistent with the new Landscape Ordinance Provision which the City has adopted and are now required on private projects. Another project involves the consolidation of a portion of the "free standing signs" around the DOME. The RACC is simply requesting the scope of the former STREET SCAPE PROJECT be considered to include the DOME SITE. This proposal i.9 consistent with the visions of the RAAC and recommendations made by the Urban Land Institute as part of the overall revitalization of the RESORT AREA. Councilwoman Henley requested the allocations be itemized for the current CAPITAL IMPROVEMENT PROGRAM. The Staff will review and make recommendations, scheduling same for a future City Council AGENDA. - 6 - ITEM # 25805 Mayor Jones entertained a motion to permit City Council to conduct its EXECUTIVE SESSION (1:19 P.M.) 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. PUBLICITY 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 Perry, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 7 - F ORM A L S E S S ION VIRGINIA BEACH CITY COUNCIL August 11, 1986 2:20 P.M. Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, August 11, 1986, at 2:20 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Reverend Eugene R. Woolridge, Jr. Virginia Beach United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 8 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA ITEM # 25806 BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. Item II-D.1 ITEM # 25807 Councilman Moss referenced an ADD-ON Item concerning assessments of rezonings. This item wil be addressed by the Real Estate Assessor and the Planning Department and will be added as Item L-3 under NEW BUSINFSS. Item II-D.2. ITEM # 25808 The City Manager advised of an ADD-ON Item concerning the status of the OCEAN LAKES project. This will be added as Item K.1 under UNFINISHED BUSINESS. Item II-D-3 ITEM # 25809 Councilwoman McClanan referenced an application of J. Brock Nelson/Liberty Nissan, Ltd. for a Conditional Use Permit for new and used automobile sales and service at 3757 Bonney Road, containing 3.47 acres (Lynnhaven Borough). (See Item II-G.l.e of the PLANNING ITEMS - BY CONSENT). Counciwoman McClanan requested this item be pulled for further discussion. Councilwoman McClanan also requested an explanation of the procedure concerning the MASTER STREET AND HIGHWAY PLAN. A PUBLIC HEARING will be SCHEDULED for the City Council AGENDA of August 18, 1986. This item will be added as Item L. 4 under NEW BUSINESS. Item II-D.4. ITEM # 25810 Councilman Balko referenced an Application of Thelmond and Kay Hinson for a Conditional Use Permit for outside storage located 2,160 feet more or less west of London Bridge Road, 950 feet more or less south of the intesection of Bowland Parkway, Lot 6, London Bridge Industrial Park II, containing 4.46 acres (Lynnhaven Borough) (See Item II-G.l.d of the PLANNING ITFMS - BY CONSENT). Councilman Balko will ABSTAIN on this particular item. 9 Item II-E.1 MINUTES ITEM 25811 Upon motion by Councilman Baum, seconded by Councilman Fentre8s, City Council APPROVED the Minutes of August 4, 1986, as AMENDED: ITFY, # 25771, PLANNING, Page 21 ORDINANCE UPON APPLICATION OF INTERSTATE TIRE COMPANY, INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTO REPAIR ESTABLISHMENT, SALE AND INSTALLATION OF TIRES R0886857 The Condtion shall correctly read as follows: 5. The impact wrench shall be URYU Model NO. UW 120E-2 with a silencer or a wrench of equivalent impact and equal or less noise level than 2 feet-LIV DB level of 78. ITEM # 25772, PLANNING, Page 23 ORDINANCE UPON APPLICATION OF INTERSTATE TIRE COMPANY, INCORPORATED FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT, SALE AND INSTALLATION FOR TIRES R0886857a The Condition shall correctly read as follows: 4. The only impact wrench which shall be operated upon the property shall be the URYU Model NO UW-120E-2 with silencer or an equivalent impact wrench of equal or less noise level rating than 2 feet DB level of 78. See Item 25843 under UNFINISHED BUSINESS delineating an Amendment to the MINUTES of August 4, 1986, confirming the correction of Councilman Moss's Vote to reflect his NAY vote on Item # 25773. (Issuance of an Industrial Development Revenue Bond to CBN UNIVERSITY in the amount of $5,000,000). An electronic malfunction in the Voting Computer incorrectly reflected Councilman Moss's vote as "AYE" rather than "NAY". 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 - 10 - Item II-F.1 PRESENTATION ITEM # 25812 E. W. Timmons, Director of Public Affairs, and Ivan D. Mapp, Vice President of the TIDEWATER AUTOMOBILE ASSOCIATION PRESENTED to the City of Virginia Beach: A,AA PEDESTRIAN SAFETY AWARD FOR EXCELLENCE Virginia Beach has earned the AAA's Award for Excellence for its achievement in the prevention of pedestrian fatalities and injuries and for its outstanding pedestrian safety program. The City of Virginia Beach has received this award four times. The only other City in Hampton Roads is Hampton which has received it twice. - 11 - Item II-F.2. PRESENTATIONS ADD-ON ITEM # 25813 Mayor Jones PRESENTED to Former Mayor Harold Heischober and Former Vice Mayor Reba McClanan PLAQUES in RECOGNITION of their service and tenure. Mayor Heischober and Vice Mayor McClanan served from July 2, 1984, to June 30, 1986. - 12 - Item II-G PUBLIC HEARING ITEM # 25814 Mayor Jones DECLARED A PUBLIC HEARING: PLANNING ITEMS BY CONSENT a. AVALON CHURCH CONDITIONAL USE PERMIT b. TRUSTEES L LUTHERAN CHURCH CONDITIONAL USE PERMIT c. ACQUISITION, INC. CONDITIONAL USE PERMIT d. THELMOND AND KAY HINSON CONDITIONAL USE PERMIT f. J. BROCK NELSON/LIBERTY NISSAN, LTD. CONDITIONAL USE PERMIT PLANNING ITEMS a. DENNIS P. MURTLAND CONDITIONAL USE PERMIT b. HUBERT L. AND MONA H. DAIL CHANGE OF ZONING c. ELLIS G. AND INGEBORG A. HOLLOWAY CHANGE OF ZONING d. CLAUDINE S. CAMPER CONDITIONAL USE PERMIT e. TIDEWATER WESTMINSTER HOMES, ING. VARIANCE/CONDITONAL USE PERMIT f. COMPREHENSIVE ZONING ORDINANCE AMEND Article 1, Section 107(f) - 13 - Item II-G.1 PUBLIC HEARING PLANNING BY CONSENT ITEt4 # 25815 Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council APPROVED in one MOTION Itesm II-G.l.a, b and d. Item II-G.l.c. and II-G.l.e were voted upon separately. 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 Council Members Abstaining: Council Albert W. Balko VERBALLY ABSTAINED on Item II-G.l.d. - 14 - Item II-G.l.a PUBLIC HEARING PLANNING BY CONSENT ITEM # 25816 Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of AVALON CHURCH OF CHRIST. ORDINANCE UPON APPLICATION OF AVALON CHURCH OF CHRIST FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION R0886858 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Avalon Church of Christ for a Conditional Use Permit for a church addition on certain property located at the northeast corner of Old Providence Road and Woodstock Road. Said parcel is located at 844 Woodstock Road and contains 5.3771 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. A variable width dedication is required on Woodstock Road for an ultimate 50-foot right-of- way. 2. One parking space per five seats in the church addition. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of August, Nineteen Hundred and Eighty-six. 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 - 14a - STATEMENT OF CONSENT APPLICANT: Avalon Church o'@- Christ APPLICATION; Conditional Use Permit DESCRIP'FION: Church Addition CITY COUNCIL SESSION: August 11, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOZ THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS .@IOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTIO14 ON I:HIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMEiqDMENT TO THE ZONING MAP OF 'ERE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. A variable width dedication is required on Woodstock Road for an ultimate 50-foot right-of-way. 2. One parking space per five seats in the church addition. Owner By: ^er7Attorney/Xg n@t Date: Au ust 11 1 5 Item II-G.l.b PUBLIC HEARING PLANNING BY CONSENT ITEM # 25817 Uon motion by Councilman Perry, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of TRUSTEES EMMANUEL LU CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TRUSTEES OF EMMANUEL LUTHERAN CHURCH FOR A CONDITIONAL USE PERMIT FOR A PRE-SCHOOL R0886859 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Trustees of Emmanuel Lutheran Church for a Conditional Use Permit for a pre-school at the northwest corner of Virginia Beach Boulevard and Lynnshore Drive. Said parcel is located at 301 Lynnshore Drive and contains 1.56 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of August, Nineteen Hundred and Eighty-six. 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 - i6 - Item II-G.l.c PUBLIC HEARING PLANNING BY CONSENT ITEM # 25818 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Perry, seconded by Councilman Fentress, City Coucil ADOPTED an Ordinance upon application of ACQUISITION, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ACQUISITION, INC. FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES ON CERTAIN PROPERTY R0886860 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Acquisition, Inc. for a Conditional Use Permit for mini-warehouses on certain property located on the north side of Newtown Road, 500 feet west of Broad Meadows Boulevard. Said parcel contains 2.954. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. A variable width right-of-way dedication is required along the frontage on Newtown Road, in accordance with alignment on file in the City Engineer's Office. 2. On-site retention of stormwater is required for this site, unless staff review indicates otherwise in conjunction with development for the adjoining parcel (the four-acre site). 3. Category II screening shall be provided along boundary lines abutting the existing reidential area. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT, as AMENDED. Said STATEMENT OF CONSENT is hereby made apart of the proceedings. - 17 - Item II-G.l.c. PUBLIC HEARING PLANNING BY CONSENT ITEM # 25818 (Continued) 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 - I 7a STATEMENT OF CONSENT APPLICANT: Acquisition, Inc. APPLICATION: Conditional Use Permit DESCRIPTION: Mini-Warehouses CITY COUNCIL SESSION: August 11, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), LLAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGLNIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRXATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONlNG MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. A variable width right-of-way dedication is required along the frontage on Newtown Road, in accordance with alignment on file in the City Engineer's Office. 2. On-site retention of stormwater is required for this site. 3. Category II screening be provided along bo@-indary lines abutting the existing residential area. Owner By: Owner/Attorney/Agent,,/ (AS AMENDED) Date: August 11, 1986 Item II-G.l.d. PUBLIC HEARING PLANNING BY CONSENT ITF14 # 25819 Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of THEIMOND AND KAY HINSON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THELMOND AND KAY HINSON FOR A CONDITIONAL USE PERMIT FOR OUTSIDE STORAGE R0886861 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thelmond and Kay Hinson for a Conditional Use Permit for outside storage on certain property located 2160 feet more or less west of London Bridge Road, 950 feet more or less south of the intersection with Bowland Parkway. Said parcel is Lot 6, London Bridge Industrial Park II and contains 4.46 acres. Plats with more detailed information are available in the Department of Planning. LYNNIIAVEN BOROUGH. The following conditions shall be required: 1. Approval is for a period of one (1) year. 2. Category II screening shall be provided along the southern part and eastern boundaries as shown on the preliminary site plan. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATF14ENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made apart of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of August, Nineteen Hundred and Eighty-six. Au ust 11 1986 - 19 - Item II-G.l.d PUBLIC HEARING ITEM # 25819 (Continued) PLANNING BY CONSENT Voting: 10-0 Council Members Voting Aye: 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 Abstaining: Albert W. Balko Council Members Absent: None - 19a - STATEMENT OF CONSENT APPLICANT: Thelmond and Kay Hinson APPLICATION: Conditional Use Permit DESCRIPTION: Outside Storage CITY COUNCIL SESSION: August 11, 1986 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGPEES TO: 1. Approval is for a period of one (1) year. 2. Category II screening be provided along the southern and eastern boundaries as shown on preliminary site plan. 0-wfi@r By: Owner/Attorney/Agent Date: August 11, 1986 - 20 - Item II-G.l.e. PUBLIC HEARING PLANNING BY CONSENT ITEM # 25820 Attorney Robert Cromwell represented the applicant J. Brock Nelson, the applicant, also represented himself Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of J. BROCK NELSON/LIBERTY NISSAN, LTD. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF J. BROCK NELSON/LIBERTY NISSAN, LTD., FOR A CONDITIONAL USE PERMIT R0886862 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of J. Brock Nelson/Liberty Nissan, Ltd. for a Conditional Use Permit for new and used automobile sales and service on the southeast and southwest corners of Bonney Road and Butternut Lane. Said parcels are lcoated at 3757 Boney Road and contain 3.47 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Improvements shall be made with regard to providing low landscaping along the frontage as reaffirmed by the applicant, J. Brock Nelson. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of August, Nineteen Hundred and Eighty-six. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 21 - Item II-G.2.a. PUBLIC HEARING PLANNING ITEM # 25821 Attorney Michael Inman represented the applicant and disributed a photograph of the proposed facility and referenced his letter of August 7, 1986, concerning said application. (Said letter is hereby made a part of the record). Dennis P. 14urtland, the applicant, also represented himself Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Coucnil DEFERRED until the City Council Meeting of September 15, 1986, an Ordinance upon application of DENNIS P. MURTLAND for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF DENNIS P. MURTLAND FOR A CONDITIONAL USE PERMIT FOR A JIFFY LUBE Ordinance upon application of Dennis P. Murtland for a Conditional Use Permit for a Jiffy Lube on certain property located on the south side of Indian River Road, 300 feet more or less east of Kempsville Road. Said parcel contains 23,914 square feet. Plats with more detailed information are available in the Department of Planning. KFMPSVILLE BOROUGH. 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 - 22 - Item II-G.2.b. PUBLIC HEARING PLANNING ITEM # 25822 Hubert L. Dail represented the applicant A MOTION was made by Councilman Balko, seconded by Councilman Baum to ADOPT an Ordinance upon application of HUBERT L. AND MONA H. DAIL for a Change of Zoning from R-8 Residential District to 0-1 Office District at 2724 Ansol Lane on Lots 8 and 9, Block 10, Lynnhaven Village, containing 15,000 square feet (Lynnhaven Borough). Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober and Mayor Robert G. Jones Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss," Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. - 23 - Item II-G.2.b. PUBLIC HEARING PLANNING ITEM # 25822 (Continued) Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council DENIED an Ordinance upon application of HUBERT L. AND MONA H. DAIL for a Change of Zoning: ORDINANCE UPON APPLICATION OF HUBERT L. AND MONA H. DAIL FOR A CHANGE OF ZONING FROM R-8 TO 0-1 Ordinance upon application of Hubert L. and Mona H. Dail for a Change of Zoning District Classification from R-8 Residential District to 0-1 Office District on Lots 8 and 9, Block 10, Lynnhaven Village. Said parcel is located at 2724 Ansol Lane and contains 15,000 square feet. LYNNHAVEN BOROUGH. Voting: 6-5 Council Members Voting Aye: 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,* John A. Baum, Robert E. Fentress, Harold Heischober and Mayor Robert G. Jones Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. - 24 - Item II-G.2.c. PUBLIC HEARING PLANNING ITEM # 25823 The City Clerk referenced a letter from the applicants dated July 15, 1986, requesting WITHDRAWAL James E. Morrissey, President of the Pinewood Gardens Civic League, spoke in OPPOSITION to the appliciation Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council DENIED an Ordinance upon application of ELLIS G. AND INGEBORG A. HOLLOWAY for a Change of Zoning: ORDINANCE UPON APPLICATION OF ELLIS G. AND INGEBORG A. HOLLOWAY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO B-2 Ordinanace upon application of Ellis G. and Ingeborg A. Holloway for a Change of Zoning District Classification from R-5 Residential District to B-2 Community-Business District on the west side of North Lynnhaven Road, 207 feet south of Virginia Beach Bouelvard. Said parcel is located at 263 North Lynnhaven Road and contains 33,759 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. 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 - 25 - Item II-G.2.d. PUBLIC HEARING PLANNING ITEM # 25824 The City Clerk referenced a letter of July 15, 1986, from Attorney Grover C. Wright, requested DEFERRAL Attorney Charles M. Lollar, represented the neighboring property owners, registered in OPPOSITON Petition and letters in OPPOSTION were presented to City Council and hereby made a part of the record Upon motion by Councilman Heischober, seconded by Councilman Balko, City Council DEFERRED until the City Council Meeting of August 18, 1986, an Ordinance upon application of CLAUDINE S. CAMPER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CLAUDINE S. CAMPER FOR A CONDITONAL USE PERMIT FOR AN AUTOMOBILE REPAIR CENTER Ordinance upon application of Claudine S. Camper for a Conditional Use Permit for an automobile repair center on the north side of Laskin Road, 152-54 feet west of First Colonial Road. Said parcel is located at 1724 Laskin Road and contains 19,115 square feet. Plats with more detailed information ar available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 9-2 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Nancy K. Parker and John L. Perry Council Members Voting Nay: John D. Moss* and Vice Mayor Meyera E. Oberndorf Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. 26 - Item II-G.l.e. PUBLIC HEARING PLANNING ITF14 # 25825 Attorney Edwin Kellam represented the applicant Sam W. Ray, Chairman - Tidewater Westminster Homes, Inc., represented the applicant and distributed a brochure outlining the proposal. Said brochure is hereby made a part of the record. Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council APPROVED a Variance and ADOPTED an Ordinance upon application of TIDEWATER WESTMINSTER HOMES, INC: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Tidewater Westminster Homes, Inc. Said parcel is located at 709 Aragona Boulevard. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF TIDEWATER WESTMINSTER HOMES, INC. FOR A CONDITIONAL USE PERMIT FOR APARTMENTS FOR THE ELDERLY R0886864 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Tidewater Westminister Homes, Inc. for a Conditional Use Permit for APARTMENTS FOR THE ELDERLY on Lot 20, Block R, Aragona Village. Said parcel is located at 709 Aragona Boulevard and contains 1.43 acres. BAYSIDE BOROUGH. The following condition shall be required: 1 . At Site-Plan review, give as much exposure on the right (east) side of the property to allow as much BUFFERING as possible between the single-family re3idences and the Home for the Elderly. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of August, Nineteen Hundred and Eighty-six. - 27 - Item II-G.2.e PUBLIC HFARING PL M ING ITEM # 25825 (Continued) Voting: 6-5 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones and Vice Mayor Meyera E. Oberndorf Council Members Voting Nay: Albert W. Balko," Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. - 28 - Item II-G.2.f PLANNING ITEM # 25826 Upon motion by Councilman Moss, seconded by Councilwoman McClanan, City Council ADOPTED, as AMENDED: ORDINANCE TO AMEND AND REORDIAN SUBSECTION 107 (f) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO THE VOTE NECESSARY TO AMEND THE ORDINANCE. City Council ADOPTED the first suggested amendment in paragraph 3, line 13: "An affirmative vote of a majority of ft4!1- the members of the City Council present and voting shall be required to amend an ordinance." Voting: 7-4 Council Members Voting Aye: Albert W. Balko,* Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, Nancy K. Parker and John L. Perry Council Members Voting Nay: John A. Baum, Barbara M. Henley, John D. Moss* and Vice Mayor Meyera E. Oberndorf Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. - 28a - AN ORDINANCE TO AMEND AND REORDAIN SUBSECTION 107 (F) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO THE VOTE NECESSARY TO AMEND THE ORDINANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Subsection 107(f) of the comprehensive Zoning ordinance is hereby amended and reordained to read as follows: Sec. 107. Amendments. (f) City council hearing; action following hearing. The hearing shall be held at the time and place announced. Following the hearing, council may make appropriate changes or corrections in the proposed amendments; provided, however, that no additional land may be zoned to a different classification than was contained in the public notice and no land may be rezoned to a less restrictive classification without new rlotice and hearing. Where such changes or corrections are of a s:ubstantial nature, the modifications shall be transmitted to the E'lanning commission for review and report prior to final passage by council. In connection with such actions, the planning commission may hold public hearings, if it deems such hearings appropriate, with notice suiting the circumstances of the case. An affirmative vote of a majority of all the members of the city council present and voting shail be required to amend ordinance. The Ordinance shall be effective from the date of its adoption. Adopted by the City Council of the City of Virginia Beach, Virginia on this day of August 1986. GLF/tap (08/11/86) (08/13/86) (sublO7f.pro) August 11, 1986 - 29 - Item II-G.2.f. PUBLIC HEARING PLANNING ITEM # 25826 (Continued) Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council DEFERRED until the City Council Meeting of August 18, 1986: ORDINANCE TO AMEND AND REORDIAN SUBSECTION 107 (f) OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO THE VOTE NECESSARY TO AMEND THE ORDINANCE. The second proposed amendment to said Ordinance in paragraph 3, line 15: "A tie vote shall be deemed a denial of the proposed amendment. This DEFERRAL wil enable the City Attorney to render an opinion. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. - 30 - Item II-H.1 ORDINANCES ITF14 # 25827 Request of Richard M. Epps, Esquire, representative of the applicant, requesting DEFERRAL is hereby made a part of the record. Upon motion by Councilman Baum, seconded by Councilman Moss, City Council DEFERRED until the City Council Meeting of September 8, 1986: Ordinance to authorize the First Assembly of God Church to hold 29.237 acres of land in the City of Virginia Beach. Voting: 11-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - 31 - Item II-H.2 ORDINANCES TTEM # 25828 Maryanne I. Ustick, Director of Housing and Community Development Upon motion by Councilman Balko, seconded by Councilman Baum, City Council ADOPTED: Ordinance declaring certain property EXCESS on South Birdneck Road and authorizing the City Manager to dispose of same. Voting: 11-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. 31a 7 z AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME E IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the City of Virginia Beach acquired ownership of property for the proposed Seatack Community Center by Deed recorded in Deed Book 1968, at Page 534, as shown and described in the attached plat (Exhibit "A"); and WHEREAS, the residents of Seatack community requested the community center be more centrally located; and WHEREAS, a second site was dedicated to the City for the Seatack Community Center and is centrally located and preferred by the residents of Seatack community; and WHEREAS, the City Council is of the opinion that the property as shown on said attached plat is no lop.ger a desirable site for the proposed Seatack Community Center and is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; That the property acquired for the proposed Seatack Community Center, as shown on the attached plat (Exhibit "A") is in excess of the needs of the City of Virginia Beach, and that the City Manager is hereby authorized to dispose of said excess property pursuant to law and in the manner he deems in the best interest of the City of Virginia Beach reserving therein any and August 11, 1986 -31 b - all easements pertaining thereto. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 1 day of Augilst, -1 1 9 8 6 . Note: Pursuant to V.C.A. 15.1-307, a recorded affirmative vote of three-fourths of all the meml,ers elected to Council is required when disposing of: property. CLL/rab 7 / 1 1 / 8 6 (MISC) 2 - August 11, 1986 PPROVED: DATE: V'#' 7- 'i" DIRECTOR OFPUBLICWORKS,CITYOFVIRGINIABEACH.VIRGINLA GNED' D., T@ SUPERINTENDENT OF SURVEYS and MAPPING,CITY OF VIII@L IA @AC VIIIGIII- LOCATION MAP Scolet"-320(Y OTE: PROPERTY LINE INFORMATION TAKEN FROM MAP BOOK 72 pag@40. VE TABLE TA -n 1LENOTH ITANGEN 511" 29.36@4.68'1 00 100'-06'-19"W 10.00' 1-0 ]DENOTES PROPERTY TO BE ACGUIRED-3.53A.C. PLAT SHOWING PROPERTY TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM D. MURRAY MALBON LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA Scale: II 00' JULY 10,1979 BUREAU OF SURVEYS and MAPPING ENGINEERING DIVISION - 32 - Item II-H.3. ORDINANCES ITEM # 25829 Chief Charles Wall responded to City Council's inquiries. Upon motion by Councilman Fentress, seconded by Councilwoman Henley, City Council ADOPTED: Ordinance to transfer $589,550 from CIP #3-950 (Juvenile Court Building) and #3-958 (Correction Center Study) to CIP#3-807 for two additional microwave dishes, RADIO TOWER. (for police, fire, emergency, public utilities) Voting: 10-1 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. 32a - o, 0 AN OPDINANCE To TRANSFER APPROPRIATIONS FoR PROJECT #3-807 RADIO IN THE AMOUNT OF $589,550 FROM PROJECT #3-950 AND PROJECT #3-958 WHEREAS, in the FY85-86/FY89-90 Capital improvemnt Prc)gr-, Council approved project #3-807 Radio Tcwer at an estimated c-t of $280,790, we in their original assessment of the project cost the company designirig the project had not included the cost of enviromnental controllirig devices necessary to protect the sensitive radio equipment and the cost of moving present antenms and installirig riew antennas, and , the design of the tcwer was changed from 100 miles per hour wind resistant to 135 miles per hour, and , based on recent bids for construction the total cost of the project includirig design and contingencies is estimated to be $870,340 or $589,550 over the amount appropriated, and , the additional funding necessary to canplete the project may be provided by transferring appropriations of $389,550 fran project #3-950 Juvenile Court Building and $200,000 fran project #3-958 CiDrrection Center Addition Study. NOW, THEREFORE, BE IT OIOAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that appropriatioris in the amount of $589,550 are hereby transferred to project #3-807 Radio Tower from project #3-950 Juvenile Court Building in the amount of $389,550 and frm project #3-958 Correction Center Addition Study in the amount of $200,000. This ordirklnce s@l be effective fran the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the Eleventh day of August 19B6. pwc/radio 3id Tabulation Sheet Total Bid 1. Swagger Communications, Incorporated $495,800 Coleman Construction Company $571,501 3. Bayport Construction Company $573,450 4. Woodington Corporation $606,000 5. McKenzie Construction Corporation $639,197 RADIO TOWER COST BREAKDOWN Construction Bid Price $495,800 Relocation work by Motorola $295,000 $790,800 5% Contingency $ 39,540 TOTAL $830,340 MMM Design Group Contract $ 40,000 TOTAL $870,340 CIP Appropriated Funds -$ 280,790 Requested Appropriation $589,550 Attachment 3 a I - I I -- I Attachment f z@ I - 33 - Item II-H.4 ORDINANCES ITEM # 25830 Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Ordinance granting a franchise to Triton Towers Associates to operate an open air/boardwalk cafe and authorizing and directing the City Manager to execute a franchise agreement, subject to the conditions contained and/or referenced. Voting: 10-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. 33a - AN ORDINANCE GRANTING A FRANCHISE TO TRITON TOWERS ASSOCIATES TO 0 OPERATE AN OPEN AIR/BOARDWALK CAFE' AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FRANCHISE AGREEMENT, SUBJECT TO THE CONDITIONS CONTAINED AND/OR REFERENCED HEREIN REAS, the City has adopted regulations for the operation of open air cafe@s on public property along the boardwalk and on stub street parks; and WHEREAS, Triton Towers Associates (t/a Triton Towers) has submitted an application for the operation of aii open air/boardwalk cafe- and has paid the applicatioll fee; and WHEREAS, the representations made in the application comply with the afore-mentioned regulations; and WHEREAS, City Council has been advised by the Office of the City Manager that the proposed cafe- would have no detrimental effects on the public health, safety, welfare, or interest. NOW, THEREFORE, be it ordained by the Council of the City of Virginia Beach, Virginia: That a franchise is hereby granted to Triton Towers Associates to operate an open air/boardwalk cafe- at 2207 Atlantic Avenue, Virginia Beach, Virginia, 23451, from May 1, 1987, to April 30, 1988, and that the City Manager is heteby authorized and directed to execute a franchise agreement with the franchisee, conditioned on provision by the franchisee and acceptance by the City of an approved final site plan, liability insurance coverage, a surety bond, the applicable franchise fee, and on such other conditions as are required by the afore- mentioned regulations and the Franchise Agreement. This ordinance shall be effective upon the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on this 11 day of August 1986. RMB/dga triton.ord August 4, 1986 - 34 - Item II-I. CONSENT AGENDA ITEM # 25831 Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7 and 8. 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 Abstaining: Robert E. Fentress VERBALLY ABSTAINED on Item II-I.7 Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. - 35 - Item II-I.l. CONSENT AGENDA ITF14 # 25832 Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 2-120, of the Code of the City of Virginia Beach, pertaining to extended SICK LFAVE. Voting: 11-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay; None Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. 35a AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-120, OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAININ('@ TO EXTENDED SICK LEAVE BE IT ORDAINED BY THE CITY COUNCIL OF THE C:ETY OF VIRGINIA BEACH, VIRGINIA: That Section 2-120 of the Code of the City ()f Virginia Beach, Virginia, pertaining to extended sick lea@7e, is hereby amended and reordained to read as follows: Section 2-120. Extended sick leave. (a) There is hereby established an extended sick leave review board consisting of five (5) qualified voters appointed by the City Manager for a term of three (3) years each. Of those first appointed, one shall be appointed to serve for one (1) year, two for two (2) years and two for three (3) years. Thereafter, members shall be appointed for the full term of three (3) years. Two members shall be from management below the department-head level, two members shall be norunanagement employees and one member shall be selected from the community at-large. (b) A majority of the members of the extended sick leave review board shall constitute a quorum. The board shall meet on an as-needed basis, but no later than fifteen (15) days after an application has been received as provided for in the next subsection. (c) Applications for extended sick leave shall be submitted by the department head to, and shall be processed by, the personnel department. Any application for extended sick leave must fulfill all of the following criteria at the time of application: (1) The application must show that the employee is eligible to take sick leave as defined in section 2-119 of the City Code; ledve-earned-]Dy-the-empleyee-must-be-exhausted-at-the-time-of-the f3+ (2) The employee must be diagnosed by a physician as having an illness requiring absence from work for at least six (6) working weeks for any given illness. If the preceding criteria are fulfilled, an application for extended sick leave may be submitted twenty (20) working days prior to the predicted date of exhaustion of all sick leave, annual leave, and compensatory leave earned by the employee. However, an employee shall not be permitted to utilize extended sick leave until all sick leave, annual leave, and compensatory leave earned by the employee is exhausted.- The director of the department of personnel shall be required to call a meeting of the extended sick leave review board when an application has been received in the manner stated above. (d) The jurisdiction and authority of the extended sick leave review board shall be limited to authorizing the granting of additional paid sick leave to a qualified employee for a period of time not to exceed two hundred fc)rty (240) consecutive working hours at a time. This board may consider and award extended sick leave to an employee not more than twice in any consecutive twelve-month period. The second award, if granted, may or may not be consecutive with the first award. A decision to award extended sick leave to any employee shall be reached by majority vote of the members of the board present at the meeting. The employee shall be notified of the board's decisions within five (5) calendar days after the meeting of the board involving that employee. (e) The extended sick leave review hoard is hereby empowered to adopt rules and regulations pertaining to the board procedures 2 to be followed before the board. All such rules and regulations shall be adopted by the majority vote of all the members of the board, shall be signed by the chairman of the board and shall be lodged with the secretary of the board. Such rules and regulations shall be available in the office of the department of personnel during regular business hours. The extended sick leave review board is authorized to amend or rescind any previously adopted rule or regulation by a majority vote of all members of the board. (f) The director of personnel or a designated alternate staff member shall serve as secretary to the extended sick leave review board and shall attend all meetings with no voting rights. The city physician shall serve as medical advisor to the extended sick leave review board with no voting rights. (g) Upon the employee's return to work, one-half of all future sick leave accrued shall be used to repay any extended sick leave granted hereunder until full repayment. has been made after which time the employee shall accrue the fu.11 amount of sick leave to which he would otherwise be entitled. Employees may not be required to repay sick leave granted by the extended sick leave review board if they meet certain guidelines adopted by the board. Employees shall not have to repay their extended sick leave prior to requesting additional sick leave. (h) Upon termination from the City, the employee shall not have to repay their extended sick leave granted by the extended sick leave review board. Employees reinstated to the City of Virginia Beach shall be required to repay such leave until full repayment has been made. Adopted this 11 day of August 1986, by the Council of the City of Virginia Beach, Virginia. RMB/dga 7/31/86 3 - 36 - Item II-I.2 CONSENT AGENDA ITEM # 25833 Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED upon SECOND READING: Ordinance to accept and appropriate from the Virginia Department of Mental Health and Mental Retardation to the Virginia Beach Department of Mental Health, Mental Retardation and Substance Abuse: $69,947 for a Day Treatment for Older Adults; $79,211 for continuation of Day Treatment Program for Emotionally Disturbed Children; $33,333 for enhanced Mental Health Case Management; $228,057 for enhanced Mental Retardation Program. Voting: 11-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent; None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. 36a - AN ORDINANCE TO APPROPRIATE'$69,947 FOR A REATMEN FOR OLDER A-DULTS TO THE DAY T T PROGRA.M DEPARTMF.NT OF MFN -NTAL TAL HF-KLTH, MF D SUBSTANCE ABUSE RETARDATION AN ERFAS, the CommunitY Servkces Board, during FY 86-87 operating Budget development, received extensive p@blic testimony indicating a need for day treatment services for oldar adults, and WHEREA,S. the General Assembly; recognizing the need for additional as appropriated new funds in community based treatment of mentally ill citizens. h FY 86-87 for expanded services, and WHEREAS, the State Department of Mental Health and Mental Retardation has provided such funds in the amount of $69,947 to provide a day treatment program for older adults in Virginia Beach, employi ng three full time and one part time employee. and wHEREAS, this program is to be implemented and continued contingent fully upon funding from the State Department of Mental Health and Retardation. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BFACH.-VIRGINIA that funds frdm the State Department of Mental Health and Mental Retardation in the amount of $69,947 be appropriated to the Department of Mental Health, Mental Retardation and Substance Abuse fc,r operation of a Day Treatment Program for older adults with three full time and ons part time employees, and BE IT FURTRER ORDAINED that tha estimated Revenues from the Commonwealth for the FY 86-87 Operating Budget be increased by $69,947. Adopted by the Council of the City of Virginia Beach, Virginia on the Eleventh day of August 1986. This ordinance shall be effective from the date of its adoption. FIRST READING: _August August 11, 1986 SECOND RLUING. AN ORDINANCE To APPROPRIATE $79,211 FOR PROGRAM CONTINUATION OF DAY TREA FOR EMOTIONALLY DISTURBED CHILDW TO THE DFPARTMENT OF MENTAL HEALTH, MENTAL ABUSE RETARDATION AND SUBSTANCE the Depairtment of Mental Health, Retardation and Substance Abuse, in cooperatio n with the Virginia Beach Public Schools, initiated a day treatment program for ten -tionally disturbed children in February 1986, and WHERE&S, the State Department of Mental Health and Mental Retardation has provided continuation funding in the-amount of $79,211 to provide day treatment care for a total of twenty children for the Fiscal Year 86-87, -Ploying three full time Mental Health, Mental Re.tardation and Substance Abuse employees, and WREREAS. this program is to be implemented and continued contingent fully upon funding from the State Departmeni: of Mental Health and Retardatiori- NOW THEREFORF BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGI.NIA BEACH, VIRGINIA that funds from the State Department of Mental Health and Mental Retardation in the amount of $79,211 be appropriated to the Day Treatment Program Unit of the Department of Mental Health, Mental Retardation and Substance Abuse for operation of Day Treatment Program for -otionally disturbed children with three full time Mental Health, Mental Retardation and Substance Abuse employees, and BE IT FURTHER ORDAINED that the estimated revenues from the Commonwealth for the FY 86-87 Operating Budget be increased by $79,211. Adopted by the Council of the City of Virginia Beach, Virginia on the Eleventh day of us 1986. This ordinance shall be effective from the date of its adoption. FIRST READING: August4. 1986 August 11, 1986 SECOND READING: 36c ul 0 AN ORDINANCE TO APPROPRIATE $33,333 FOR CASE MANAGEMENT TO ENHKNCED MENTAL HEALTH TRE DEPARTMENT OF MENTAL HEALTH, MENTKL LJ UBSTANCE ABUSE > RETARDATION AND S 0 the Virginia General Assembly Commissions on Mental Health have supported the call for enhanced community based services for psychiatrically disabled persons, and wHEREAS, the Goneral Assembly, recognizing t@he need for such services. has appropriated now funds in Fy 86-87 for expanded services, and WHEREAS, the State Department of Mental Health and Mental Retardation has provided such funds in the amount of $33,3:33 to provide case management both to disabled residents currently in the coimnunity and to multiply- impaired residents being released from state institutions through the employment of two full time case managers, and WHEREAS, this program is to be implelmented and continued contingent fully upon funding from the State Department. of Mental Health and Mental Retardation. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the funds from the State Department of Mental Health and Mental Retardation in the amount of $33,333 be appropriated to the Community Rehabilitation Unit of the Department of Mental Health, Mental Retardation and Substance Abuse for employment of two case managers, and BE IT FURTHER ORDAINED that estimated revenues from the Comonvealth for the FY 86-87 Operating Budget be increased by $33,333. Adopted by the Council of the City of Virginia Beach, Virginia on the Eleventh day of ust 1986. This ordinance shall be effective from the date of its adoption. FIRST READING: August 4, 1986 August 11, 1986 SECOND READING: 36d - AN ORDINANCE TO APPROPRIATE $228.057 FOR 0 ENHANCED MENTAL RETARDATION PROGRAM TO THE v .1 0 DEPKRTMENT OF MENTAL HEALTH. MENTAL RETARDATION AND SUBSTANCE ABUSE 0 C". g FY 86-87 Operating WHEREAS, the Community Services Board, durin Budget development, identified 175 mentally retarded individuals over the age of fourteen who were in need of co=unity based residential placemerlt and support, and WHEREAS, the General Assembly, recognizing the need for additional community based treatment of -ntally disabled citizens, has appropriated new funds in FY 86-87 for expanded services, and WHEREAS, the State Department of Mental Health and Mental Retardation has provided such funds for FY 86-87 in the amount of $135,427 for development of residential placements for severe to profoundly retarded Virginia Beach residents and $92,630 for development of residential placement and day support for dually diagnosed Virginia Beach residents, and WHEREAS, this program is to be implemented and continued contingent fully upon funding from the State Department of Mental Health and Mental Retardation. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF TRE CITY OF VIRGINIA BEACH, VIRGINIA that funds frbm the State Department of Mental Health and Mental Retardation in the amount of $228,057 be appropriated to the Department of Mental Health, Mental Retardation and Substance Abuse for contractual development of residential placements and day support for mentally retarded citizens, and BE IT FURTHER ORDAINED that estimated revenues from the Commonwealth for FY 86-87 Operating Budget be increased by $228,057. Adopted by the Council of the City of Virginia Beach, Virginia on the Eleventh day of , 1986. This ordinance shall be effective from the date of its adoption. FIRST RWING: August 4, 1986 Agust 11, 1986 SECOND RE)LDING: - 37 - Item II-I.3 CONSENT AGENDA ITEM # 25834 Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED upon SECOND READING: Ordinance to accept and appropriate $10,122 from the Virginia Department of Social Services to the Virginia Beach Department of Social Services; AND, To transfer $2,530 from the General Reserve for Contingencies to the Social Services Budget Unit: For the pre-grant phase of the Aid to Families with Dependent Children (AFDG) Program. Voting: 11-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. 37a AN ORDINANCE TO APPROPRIATE $10,122 AND TO TRANSFER $2,530 FOR THE PRE-GRANT PHASE OF A COMPETENCY BASED AID TO FAMILIES WITH DEPFNDENT CHILDREN PROGRAM TO THE DEPARTMENT OF SOCIKL SERVICES WHEREAS, the current national eligibility process in the Aid to Families with Dependent Children (AFDC) program inhibits client pursuance of alternatives to welfare dependency, and WHEREAS, the federal Social Security Administration has solicited grant proposals for modal progr--- for improved eligibility processes to address this issue, and the Virginia Beach Department of Social Services, through the Virginia Department of Social Services, has submitted such a grant proposal, and WHFAMS, the Stais Department, appearing confident of grant acceptance, has approved $10,122 (80%) towards the total $12,652 cost of a ninety day pre-grant phase of the proposed program in Virginia Beach, with Virginia Beach to provide a match of $2,530 (20%), NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds from Virginia Department of Social Services in the amount of $10,122 be appropriated and $2,530 be transferred from General Reserve for Contingencies to the Director of-Social Services Unit for purchase of equipment and employment of two additional temporary eligibility workers for the pre-grant phase of the AFDC model eligibility program. BE IT FURTHER ORDAINED that the estimated Revenue from the Commonwealth for the FY 1986-87 Operating Budget be increstsed by the amount of $10, 122. Adopted by the Council of the City of Virginia Beach, Virginia on the Eleventh day of August 1986. This ordinance shall be effective from the date of its adoption. First Reading; August 4, 1986 Second Reading; Augsut 11, 1986 AS CONTENT CAC/I ORD4.BJM 37b 0 0 co OD m 0 0 0 0 0 tn 0 ti -o tn n0 .3 tr al m m 0 0 m :1x u ni .3 to m Lq 0 n 0 :r co K:) 01 rt 0.0 p- p- o 0 0 etn 00 10 0 al 0 0 En 0 rt co 0 10 0 'DW al u, 0 al 0 Lq w @O Pi !j :0 0 C) 0 0 0 0 0 0 0 1- al 0 pi ti tA co C, 0 0 0 :j LA ti co w 0 Ln al 0 M. 0 - 38 - Item II-I.4 CONSENT AGENDA ITEM # 25835 Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED upon SECOND READING: Ordinance to accept and appropriate an entitlement grant of $1,785,000 plus program income of $50,000 from the Department of Housing and Urban Development to the Community Development Twelfth Program Year, ($1,835,000). Voting: 11-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. 38a Requested by: The Department of HouSSlng and Commu@ity Development AN ORDINANCE TO ACCEPT AN ENTITLEMENT GRANT FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO APPROPRIATE FUNDING FOR THE C " UNITY DEVELOPMENT TWELFTH PROGRAM YEAR WHEREAS, The Departrrient of Housing and Urban Development (HUD) has awarded a grant of $1,785,000 fo.r the funding of the Conimunity Development Twelfth Program Year, and WHEREAS , the Department of Housing and Urban Development has approved the Community Development Twelf@h Prograir, Year'budget. NOI-1, THEREFORE, BE IT ORDAIMED BY THE COUNCIL -OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funding from HUD be accepted and funds appropriated for the following projects and purposes: PROJECT BUDGET Capital Improvement Projects Gracetown Street and Drainage Improvement Project/Construction $172,000 Queen City Water and Sewer Improverlient Project/Ebgineering 10,000 R6edtown Water, Sewer, Street and Drainage Improvement Project/Construction 265,000 Seatack IIB Street and Drainage lniprovement Project/Right-of-Way Acquisition 175,000 Subtotal: $622,000 Housing Programs Code Enforcement/Demolition/Clearance $ 37,544 Homesharing Program 26,079 Housing Rehabilitation 216,400 Last Resort Housing Loans 170,000 Replacement Housing/Relocation 255,000 Housing Programs Administration 151,856 Subtotal: $856,879 Other Black Heritage Awareness Cultural Activities $ 2,147 General Management and Oversight 292,700 Section 8 Prograrn Administration 7,593 Rental Rehabilitation Program Administration 43,681 Contingencies 10,000 Subtotal: $356,121 Total: $1,835,000 12th Progr&n Year CDBG Entitlement Amount $1,785.000 Estiniated Program Income 50,000 Total: $1,835,000 38b That the appropria*ions wi I I be f inanced by $1,785,000 in federal funds from the Department of Housing and Urban Development, and that appropriations will be financed by an additional $50,000 in program Income geherated by the Department of Housing and Community Development. Amounts approprtated above amend any 1986 - 1987 fiscal year Community Development Block Grant funded allocations previously authorized In the fiscal year 1986 - 1987 bud.get ordinance adopted by City Council on May 19, 1986. FIRST READING: Aiigunt 1, i@ SECOND READING: August 11, 1986 Adopted by the Council of the City of Virginia Beach on the 11 day of August , 1986. APPROVED AS TO CONTENT: APPROVED AS TO FORM: Mary nn Usticl ity Attorney .Departmifnt of Housing and Community Development - 39 - Item II-I.5 CONSENT AGENDA ITFII # 25836 Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED: Resolution authorizing the City Manager to sign the right-of-way entry for survey and exploration to test for hazardous wastes on the former Nike site properties now owned by the City of Virginia Beach. Voting: 11-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. 39a a RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN THE RIGHT-OF- ENTRY FOR SURVEY AND EXPLORATION TO TEST FOR HAZARDOUS WASTES ON THE FORMER NIKE SITE PROPERTIES NOW OWNED BY THE CITY OF VIRGINIA BEACH WHEREAS, in 1967 the City of Virginia Beach acquired the property known as former Nike Battery N-36 from the United States of America; and WHEREAS, the City now uses said property for the Department of Recreation's offices, maintenance shop and ceramic shop; and WHEREAS, the Department of the Army has a program to survey, test and explore the property for the presence of hazardous substances which may be buried on those properties; and WHEREAS, the Department of Parks and Recreation has expressed that it would be in the best interests of the City to have the areas tested; and WHEREAS, it is necessary for the City Manager to execute a right-of-entry form (a copy of which is attached hereto and made a part hereof) prior to the Department of the Army being able to conduct such tests. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA; That the City Manager is authorized to execute such forms as are required to permit the Department of the Army to enter onto the premises owned by the City of Virginia Beach and used by the Department of Parks and Recreation, formerly known as Nike Battery N-36, for the purpose c)f investigating said premises for potential hazardous substances. Adopted this " day of August 1986, by the Council of the City of Virginia Bea.ch, Virginia. NEW/awj DEPARTMENT OF THE ARMY RIGHT-OF-ENTRY FOR SURVEY AND EXPLORATION VIEGIVIA BEACH PARKS AND RECREATION DEPAR-114ENT PROJECT NO. C03VA013100 FORMER NIKE BATTERY N-36 VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA A cti,,ity) ITa,t N.@br., Oth,, Prp,,t)- id,.Iifi,.ti.@) The tindersigiied, hereinafter called the "Owizer", hereby grants to tlie UNITED STATES OF AMERICA, hereinafter called the "Goveriimetit", a pertnit orright-of-entry tipon thef@)llolvilig terins and c-oriditiotts: 1. Tlie Ow?zer hereb.@- grants to tlie Goi,erninent an irrei,ocable right to enter upon the lands liereinajter described at an.v tinic vt,ithiii a period of@ twelve 12 ) months frotn the date oj' tiiiv iiistrittiietit, iii order tu stirve),, make test borings, and carry olit st4c]l otlier exploratory t@,ork as itz(j.t- be iie(-evsary to c-ottiplete tlie itivestigdtioti being made o]@said leinds b.v the Government. 2 Tile peri@iit iii(-Iiides the right of' ingress and egress oti otlier lands oj the Ovvner not dot-ribed belovt,. I)roi-ided sitc-li ingress atid egress is necessary and not otherivise conveniently (ii-ailable to tiie Goi,eritinelit. ,?, All toolv. eqiiiptyietit. and ot4ier propert.v taken upon or pla(@ed zipon the land by the Goi-erizityeiii sliall rettiai)i tlie property oj@ the Goi,erizmetit and ma.v be remoi,ed b-v tlie Govertilnent at ail@t, til@le it,itliiii a reasooiable period ci]@ter tile expiration of this pertnit or riglit-of-elitry. 4. Tlte Go),ertitnetit agrees to be respotisible for damages arisitig fiotti tlie activit@- of tlie Ut)t,ertiiiietit, its officers, etnployees, or represetitatives on said land. iii the e.,cerc i.@e of@ rights under tliis perittit or right-oj@etitry. either bv repairing such damage or at the optioit oj tlie Gover?zinent by inakitig ati appropriate settlement with tlie Otvner in lieu thereof. 5. if.airt-rait j7ights over said lands, or entry upon the land by ineatis of helicopter or other type airc,raft. are liecessary, the Govertiment shall injbrm the Owner, in advati(,e. oj'each such j7ight or eiitrv,. 6. Tl:e land afpt-ted by this pertnit or right-of'entry- is lot-ated iii tlie State ol@ VIRGITTIA, CITYaUiO 01* VIRGINIA BFACH , and is described as follows: All those certain parcels of land containing approximately 21.46 acres as shown outlined in RED on the attached plat EXHIBIT "A" and made a part hereof. WITNESS MY HAND AND SEAL this day of .19 CITY OF VIRGINIA BEACH (SEA L) WPPROVED AS TO (SEAL) Th@ H. Mue'llenbeck LEGAL SUFFICIENCY City Minager UNITED ST,4 T@.S 01'21111ERI('A L.E. R-ICE, JR. B.1- Chief, Real Estat@e Division U.S. Army EngineE!r District, Norfolk FORM ENG APR 74 1258 (ER 405-1-625) EDITION OF I DEC 62 15 OBSOLETE. KHIBIT -75 4 7'3 47'30" -72 -7, -71 70 EXHIBIT ""A' - 40 - Item II-I.6. CONSENT AGENDA ITEM # 25837 Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to authorize a temporary encroachment into portions of the rights-of-way of Bay Drive, Cavalier Drive, Pinewood Road, and Ridge Road to Princess Anne Country Club, Inc. This Encroachment shall be subject to the following conditions: 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 owner agrees to maintain said encroachment so as not to be unsightly or a hazard. 4. The owner must submit, and have approved, a traffic control plan before commencing work within the City's right-of-way. 5. A highway permit must be obtained and a bond posted prior to commencing work within the City's right-of-way. 6. No open cut of a public roadway shall be allowed except under extreme circumstances, such exceptions shall be submitted to the Highway Division for final approval. Voting: 11-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. - 40a - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO PORTIONS OF THE RIGHTS-OF-WAY OF BAY DRIVE, CAVALIER DRIVE, PINEWOOD ROAD, AND RIDGE ROAD TO PRINCESS ANNE COUNTRY CLUB, INC. ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, the Princess Anne Country Club, Inc., its assigns and successors in title are authorized to replace and maintain a temporary encroachment into portions of the City's rights-of-way of Bay Drive, Cavalier Drive, Pinewood Road, and Ridge Road. That the temporary encroachment herein authorized is for the purpose of replacing existing water lines and that said encroachment shall be constructed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into portions of the City's rights-of-way known as Bay Drive, Cavalier Drive, Pinewood Rc)ad, and Ridge Road, as shown on those cert:ain plats, Sheet 1 and Sheet 2 and ent:itled: "MAP SHOWING LOCATION OF PIPE CROCIISINGS IN LINKHORN PARK LYNNHAVEN BOROUGFI VIRGINIA BEACH, VIRGINIA (M.B.5, P. 151) FOR PRINCESS ANNE COUNTRY CLUB SC;TLE: 1"=100' APRIL 20, 1986," and prepELred by Baldwin & Gregg, Ltd., copies Of ;.7hich are on file in the Virginia Beach Department of Public Works and to which references are made for more particular descriptions. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Princess Anne Country Club, Inc., its assigns and successors in title and within thirty (30) days after such notice is given, said encroachment shall be removed from the City's rights-of-way of Bay Drive, Cavalier Drive, Pinewood Road and Ridge Road by the Princess Anne Country Club, Inc. , and that the Princess Anne Country Club, Inc., its assigns and successors shall bear all costs and expenses of such removal. And PROVIDED FURTHER, that it is expressly understood and agreed that the Princess Anne Country Club, Inc., its assigns and successors in title shall indemnify, hold harmless, and defend the City of Virginia Beach, its agents and employees from and 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 encroachment; and PROVIDED FURTHER, this ordinance shall not be in effect until such tirne that the Princess Anne Country Club, Inc., executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of August 19- 86. CLL/rab 5/3 0/8 6 (29D) @:@PPRO.Vz-:D @,@NEY -2- k) /Ob.00 LOT 36 LOT 4 GREEN #12 0 GREEN -*12 PIPE CROSSINGS TO CAVALIER DR.--- Pi 8.7' PIN (F) BAY@- DRIVE (30 R/W) LOT 10 5 LOT 4 4 GREEN-#13 LOT 34 LOT 35 GREEN #11 R = 1026.7 2 PIPE CROSS R = 1056.72' IN (F) LOT 103 SAY DRIVE (30 R/W LOT 104 GREEN -# 11 MAP Jr cil SHOWING LOCATION OF PIPE CROSSINGS IN LINKHORN PARK LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA -, o. 15 1) FOR PRINCESS ANNE COUNTRY CLUB SCALE 100 APRIL 20, 1986 B G, UTG @G, NORFOLK, VIRGINIA 0 3. 793, P. 46-48 SHEET I OF 2 @M/REC LOT 115 GREEN -*15 205' 7 7.6' PIPE CROSSING-4 TO HOLLY RD. PI NEWOOD ROAD (30'R/W) LOT 11 6 GREEN iO15 LOT 120 GREEN # 16 OSSING TO PINIEWOOD :)R.- E (30'R/W) GREEN#16 LOT 119 LOT 110 GREEN9*14 PIN(F) 0 FZ t9- TO PINEWOOD DR. R CAVALIER DRIVE (30' R/W) LOT Ill GREEN-*14 MAP SHOWING LOCATIL)N OF PIPE CROSSINGS IN LINKHORN PARK LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA (M.B.5, P. 151) FOR PRINCESS ANNE COUNTRY ("LUB SCA L E ; I 100' APRIL 20, 1986 B MN t--D r- - - (D 0 NORFO@K, VIRGINIA :B. 793, F,. 46-48 SHEET 2 OF 2 - 41 - Item II-I.7 CONSENT AGENDA ITEM # 25838 Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to authorize temporary encroachments into portions of the City's drainage easement and right-of-way known as Onondaga Road to Earnest L. Hudson and Phyllis Anne Hudson. This Encroachment shall be subject to the following conditions: 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 owner agrees to maintain said encroachment so as not to be unsightly or a hazard. 4. The owner must submit, and have approved, a traffic control plan before commencing work within the City's right-of-way. 5. A highway permit must be obtained and a bond posted prior to commencing work within the City's right-of-way. 6. No open cut of a public roadway shall be allowed except under extreme circumstances, such exceptions shall be submitted to the Highway Division for final approval. Voting: 10-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, 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 *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console - 41a - Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO PORTIONS OF THE CITY'S DRAINAGE EASEMENT AND RIGHT-OF-WAY KNOWN AS ONONDAGA ROAD TO EARNEST L. HUDSON AND PHYLLIS ANNE HUDSON, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of V:Lrginia, 1950, as amended, Earnest L. Hudson and Phyllis Anne Hudson, husband and wife, their heirs, assigns and successors in title are authorized to install a 6 inch sewer line and temporary encroachments into the City's 10 ft. drainage easement and right-of-way known as Onondaga Road. That the temporary encroachments herein authorized are for the purpose of installing a sewer line and that said encroachments shall be installed in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachments are more particularly described as follows: An area of encroachments into portions of the City's drainage easement and right-of-way known as Onondaga Road, on the certain plat entitled: "DEDICATION PLAT OF 10' DRAINAGE EASEMENT ON PART OF LOT SHOWN AS "MELVIN RIDDICK.- ON PLAT RECORDED IN D.B. 339 PG. 187 KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA SCALE: 1"=40 DATE: DECEMBER 10, 1985," prepared by James C. Hickman, Certified Land Surveyor, and a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachments herein authorized shall terminate upon notice by the City of Virginia Beach to Ernest L. Hudson and Phyllis Anne Hudson, their heirs, assigns and successors in title and that within thirty 30 days after such notice is given, said encroachments shall be removed from the City's drainage easement and right-of-way known as Onondaga Road and that Ernest L. Hudson and Phyllis Anne Hudson, husband and wife, their heirs, assigns and successors in title shall bear all costs and expenses of such re!moval. AND, PROVIDED FURTHER, that it is expref;sly understood and agreed that Ernest L. Hudson and Phyllis Anne Hudson, husband and wife, their heirs, assigns and successors in I:itle shall indemnify, hold harmless, and defend the City of virginia Beach, its agents and employees from and 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 encroachments. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Ernest L. Hudson and Phyllis Anne iludson, husband and wife, execute an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of August 1 986 CLL/rab 7 / 2 3 / 8 6 CLL. 1 2 - IVDAeA ROAD c/" o., vlfiwii/A &"- AM Df PRopeRrv or HUDSON to NM OR MRAIFRLV 0.649 Acres DOD50N Z?S.256 *.Ft. vzu M., C,& Al. DEDICATION PLAT of /0' DRAINAGE EASEMENT ON PART OF LOT SHOWNAS "MELVIN RIDDICE ON PLAT REC'ORDED IN D. B. 339 Pig. 187 'YEMPSVILLE ROR04vom VifteliVIA REACV, VIRSINIA ICALE, i"-40' DARE,DECEMBER /0,/98$ jAME5 C. HICKMAV LAAV $M - 42 - Item II-I.8 CONSENT AGENDA ITFM # 25839 Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED: Ordinance Authorizing Tax Refunds in the amount of $6,909-44*, upon application of certain persons and upon certification of the City Treasurer for Payment. *Two requested refunds were deleted upon presentation from City Council's authorized approval August 11, 1986: $ 198-04 Virginia Beach Ecumenical Housing 55.44 Addie S. White $ 253-48 $ 6,909.44 (253.48) Balance Authorized $ 6,655.96 Tax Refunds -Uth Hodges/Smith, CMC City Clerk Voting: 11-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. - 42a - 7/14/86 EMC 0. C. A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty lnt. Total Year of Tax Number tion No. Paid d Dinsmore Evans Bryant 80 RE(1/2) 11154-4 4/25/80 146.64 d Dinsmore Evans Bryant 80 RE(2/2) 11154-4 4/25/80 142.40 -- -I.,L @ @ RE(! 95.02 @. I e nk A&Elizabeth Jagger 83 RE(1/2) 41307-4 12/5/82 nk A&Elizabeth Jagger 83 RE(2/2) 41307-4 6/5/83 95.02 4 RE(1/2) 43495-1 12/5/83 112.35 nk A&Elizabeth Jagger 112.35 nk A&Elizabeth Jagger 84 RE(2/2) 43495-1 6/5/84 nk A&Elizabeth Jagger 85 RE(1/2) 45697-1 12/4/84 112.35 nk A&Elizabeth Jagger 85 RE(2/2) 45697-1 6/5/85 112.35 nk A&Elizabeth Jagger 86 RE(1/2) A8420-8 12/5/85 115.24 nk A&Elizabeth Jagger 86 RE(2/2) 48420-8 5/22/86 115.24 ;pus East CorrFnuni tY Assoc 86 RE(1/2) 15276-2 12/5/85 678.00 ,ds of Green Run Inc 86 D 191.92 ,,E 1/2) 107861-8 11/14/85 iuel L&JoyNHakim 83 RE@1/2) 33296-4 11/26/82 59.23 iuel L&JoyNHakim 83 RE(2/2) 33296-4 6/5/83 59.23 iuel L&JoyNHakim 84 RE(1/2) 35042-5 12/5/83 71.23 iuel L&JoyNHakim 84 RE(2/2) 35042-5 6/5/84 71.23 iuel L&joyNHakim 85 RE@1/2) 37624-6 12/5/84 71.23 iuel L&JoyNHakim 85 RE 2/2i 37624-6 6/5/85 71.23 L&JoyMHakim 86 RE 112 39785-6 12/5/85 71.23 iuel 13.56 ,de H&Elizabeth Vick 83 RE(1/2 83683-0 12/5/82 tde H&Elizabeth Vick 83 RE(2/2) 83683-0 6/5/83 13.56 ide H&Elizabeth Vick 84 RE(1/2) 88672-1 12/5/83 13.56 ide H&Elizabeth Vick 84 RE(2/2) 88672-1 6/5/84 13.56 ide H&Elizabeth Vick 85 RE(1/2) 94000-1 12/5/84 13.56 ide H&Elizabeth Vick 85 RE(2/2) 94000-1 6/5/85 13.56 Iliam R&Joyce Henry 83 RE(1/2) 36166-4 11/4/82 16.00 Iliam R&Joyce Henry 83 RE(2/2) 36166-4 5/12/83 16.00 Iliam R&Joyce Henry 84 RE(1/2) 38079-5 10/19/83 16.00 [liam R&Joyce Henry 84 RE(2/2) 38079-5 5/21/84 16.00 Iliam R&Joyce Henry 85 RE(1/2) 40869-4 11/7/84 16.00 lliam R&Joyce Henry 85 RE(2/2 40869-4 5/17/85 16.00 lliam R&Joyce Henry 86 RE(1/2@ 43188-1 10/29/85 16.00 Iliam R&Joyce Henry 86 RE(2/2) 43188-1 5/14/86 16.00 vid ADailey 82 pp 30328-3 7/7/86 22.52 vid ADailey 82 pp 30329-2 7/7/86 22.04 Iliam F Reed 86 pp 134064-6 48780 6/5/86 148.50 seann Celi 86 pp 27736-0 48587 6/5/86 88.50 xon Corporation 86 pp 51154-3 48762 6/5/86 195.00 Tiett H & Margaret Allen 86 pp 2220-6 48742 6/5/86 81.78 dith L Rex 86 pp 134955-8 48660 6/5/86 48.84 4c 86 pp 63019-3 48662 5/29/86 126.00 E Bauer 86 Dog V22031 6/17/86 5.00 Total This ordinance shall be effective from date of adoption. 4@i.e5-5 T ho3 ment(s) totaling Certified as to payment; were approved by the Council of the City of irginia Beach on the /@day-of John T. Atkinson, Treasurer Apprgved as to Ruth Hodges Smith. City Clerk al;-BI-M-S;h,-CityAttorn. C.A. 7 6/24/86 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D:!e Penalty Int. Total Y ear of Tax Number tion No. P id on R Jones 83 RE(1/2) 31531-3 11/30/82 24.00 on R Jones 83 RE(2/2) 31531-3 6/5/83 24.00 Company 84 RE(1/2) 64360-9 12/19/84 90.61 Company 84 RE(2/2) 64360-9 12/19/84 86.59 ufacturers Hanover Mort 85 RE(2/2) 9845-8 6/5/85 34.78 Beteh Eetipen4--l .m q.-- @ RE(l,'2) 199229@ -41,/26@85 dings Homeowners A-s@o@ 86 RE(1/2) 73243-1 11/26/85 216.00 dings Homeowners Assoc 86 RE(1/2) 73244-0 11/26/85 216.00 is W Kershner 86 RE(1/2) 60747-9 5/6/86 207.09 el R Kesler 86 RE(1/2) 53202-2 11/27/85 40.00 de H & Elizabeth Vick 86 RE(1/2) 101136-0 12/5/85 13.56 de H & Elizabeth Vick 86 RE(2/2) 101136-0 5/30/86 13.56 side Associates 86 RE(2/2) 72660-7 5/14/86 273.76 finkel & Becker 86 RE(2/2) 31236-8 3/31/86 12.54 finkel & Becker 86 RE(2/2) 31237-7 3/28/86 12.54 @ual Federal S &L Assoc 86 RE(1/2) 78918-4 12/5/85 12.00 .ual Federal S &L Assoc 86 RE@2/2) 78918-4 6/!3/86 12.00 hard S & Landa Glasser 86 RE 2/2) 71324-7 5/13/86 120.00 ,in B Lindsley Jr 86 RE(2/2) 60102-8 5/'19/86 58.78 University 83 pp 24553-0 48615 6/!5/83 87.78 University 84 pp 177154-7 48616 11/16/84 246.72 University 85 pp 185080-8 48617 11/18/85 294.78 ,n Place Inc 84 pp 171543-1 48328 6/5/84 244.50 .n C Mason 85 pp 203158-6 48643 11/2/85 80.76 -othy C Morris 85 pp 112107-2 48623 6/4/85 30.00 ineth A & Susan Roberson 86 pp 137062-1 48674 6/5/86 251.04 inan R & Sandra Campbell 86 pp 24876-6 48611 5/16/86 10.80 ,dy N Rose 86 pp 138784-6 48527 6/2/86 178.32 ies S Loturco 86 pp 100399-3 48604 5/20/86 90.00 ice E Carper 86 pp 26119-9 48548 6/5/86 72.42 ,k A & Joyce Frazier 86 pp 56914-3 48454 5/28/86 84.00 ,k W Mazzeo 86 pp 106193-8 48457 5/13/86 66.00 Total 8,4e2.9-7" This ordinance shall be effective from date of adoption. batement(s) total ng Certified as to payment; lo,vly:e@O were approved by the Council of the City of Wrgi'ni'a Beach on the@day of John T. Atkinson, Treasurer Approved as to form: Ruth Hodges Smith, City Clerk ori, 6ity Attorney - 43 - Item II-J-1/4/5 APPOINTMENTS ITEM # 25840 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: CITIZENSIS ADVISORY COMMITTEE VIRGINIA BEACH DEVELOPMENT AUTHORITY WETLANDS BOARD - 44 - Item II-J.2 APPOINTMENTS ITEM # 25841 Upon Motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City Council CONFIRMED APPOINTMENTS to the COMKOITY CORRECTIONS RESOURCE BOARD representing the NORFOLK DISTRICT COURT: Jerrauld C. Jones Mrs. Minor McNamara (For a Two Year Term Ending August 31, 1988) Voting: 11-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. - 45 - Item II-J.2 APPOINTMENTS ITEM # 25842 Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City Council REAFFIRMED APPOINTMENTS to the TIDEWATER REGIONAL GROUP HOME: Judge Davis Reed, II - Ex-Officio Bruce Bright - Alernate Voting: 11-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. - 46 - Item II-K.1 MINUTES ITEM # 25843 ADD-ON Upon MOTION by Councilman Baum, seconded by Councilwoman McClanan, City Council AFFIRMED an amendment to the MINUTES of August 4, 1986, confirming the correction of Councilman Moss's Vote to reflect his NAY vote on Item # 25773. (Issuance of an Industrial Development Revenue Bond to CBN UNIVERSITY in the amount of $5,000,000). An Electronic Malfunction in the Voting Computer incorrectly reflected Councilman Moss' vote as "AYE" rather than "NAY". Voting: 11-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilman Balko and Moss's Voting Console. - 47 - Item II-K.2. UNFINISHED BUSINESS ITF14 # 25844 ADD-ON OCEAN LAKES Robert Scott, Director of Planning, advised City Council concerning the status of the School Sites in OCEAN LAKES. On November 14, 1983, City Council ADOPTED an Ordinance for Changes of Zoning upon application of R. G. MOORE in the Princess Anne Borough. This Rezoning included two sites shown on the Land Use Plan, one of approximately 25 acres, and the other 43 acres. Between the time of the Land Use Plan approval by the City Council and Preliminary Subdivision Plat approval, there was adjustment concerning the layout of streets in the area. This was at the time when the MASTER STREET AND HIGHWAY PLAN was changing. R. G. MOORE was able to make adjustments in the PLAN to accommodate the MASTER STREET and HIGHWAY PLAN. However, these changes did not affect the schol sites. On April 24, 1984, R. G. MOORE was granted Preliminary Subdivison Plat Approval. R. G. MOORE has proceeded with construction since that time. 176 multi-family units have been APPROVED. 424 multi-family units have not yet been APPROVED. 824 Single-family units have been APPROVED. 589 single-family units have not yet been APPROVED. The 648 Townhouse units have all been APPROVED. Approximately 62% of the Project is now completed with regard to the platting. A plat depicting the School Sites has been presented to the City for recordation. This plat has been APPROVED by the Planning Department, but not by all the City agencies, because a BOND must be posted before the plat is recorded. R. G. MOORE will not be able to record any other plats in the area until the BOND is posted. - 48 - Item II-L.l./2. NEW BUSINESS ITEM # 25845 A MOTION was made by Councilman Heischober, seconded by Councilman Fentress, to CANCEL the City Coucil Meeting of September 1, 1986, (City Holliday - LABOR DAY) AND, SCHEDULE City Council Meetings for September 8, 15, and 29, 1986. Councilman Heischober WITHDREW this Motion. Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council CANCELLED the City Council Meeting of September 1, 1986, (City Holiday) LABOR DAY, and SCHFDULED the City Council Meetings for September 8, 15, 22, and 29, 1986. The City Council Meeting of September 22, 1986 shall be at 7:00 P.M. and Meetings on September 8, 15 and 29, 1986, shall commence at 2:00 P.M. Voting: 11-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. - 49 - Item II-L.3 NEW BUSINESS ITEM # 25846 ADD-ON Larry Thurston, Assistant Real Estate Assessor, advised City Council of procedures concering TAX ASSESSMENTS pertaining to rezonings. If City Council APPROVED a Change of Zoning on a particular parcel prior to January First of this tax year, same would be reflected in the 1986-1987 Assessment. If same were after July First, it would be reflected in the subsequent year. The property is being appraised at its MARYET VALUE. The fact the rezoning had been granted by the City Council does not affect the Market Value of that particular property. Land Use relates to the official zoning. A problem has arisen when a rezoning is granted but conditions have not been met. A roll-back tax could not be instituted until development has actually occurred, but same may not be removed from the program until the zoning is official. Mr. Thurston advised the Planning Department forwarded the Revised Zoning Map to the Assessor's Office after the conditions had been met on the aforementioned rezonings. The date the property has been REZONED triggers the reassessment. From the time the assessment is derived until the effective assessment date, July First, there can be a time lapse of as much as eighteen (18) months. - 50 - Item I-L-4 NEW BUSINESs ITEM # 25846 ADD-ON The recommendation from the Planning Commission concerning the MASTER STREET AND HIGHWAY PLAN will be SCHEDULFD PUBLIC HEARING for the City council Meeting of August 18, 1986. Mayor Jones advised he did not foresee this as being the o ly PUBLIC ING, -1 to formulate an informed as it would be inappropriate to expect th, Pub ic n na response so quickiy. The MASTER STREET AND HIGHWAY PLAN will be ADOPTED only after full opportunity by the Public to address the City Council. - 51 - Item II-M.1 ADJOURNMENT ITEM # 25847 Upon motion by Councilman Moss, City Council ADJOURNED the Meeting at 6:00 P.M. Voting: 11-0 Council Members Voting Aye: Albert W. Balko,* John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss,* Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None "Verbal Vote - Electronic Malfunction of Councilmen Balko and Moss's Voting Console. Be y @HoZ@ Chief Deputy City Clerk @th I City Clerk City of Virginia Beach Virginia