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JANUARY 8, 1991 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCII@ -Nl:l I 111-@R 11 .I'Nllltll 1,1@ll IR 141B@ll I -1 11, JR@, I., CITY COUNCIL AGENDA 11RIiIIII @11111. VI@lIN. l@l@ -11 JANUARY 8, 1991 ITEM 1. CITY MANAGER'S BRIEFING - Conference Room - 11:30 AM A. TRENDS AND ISSUES Mr. E. Dean Block, As si stant CIty Manager, Anal ysis and Eval uation ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 12:30 PM A. CITY COUNCIL CONCERNS ITEM 111. L U N C H - Conference Room - 1:00 PM ITEt4 IV. INFCRMAL SESSION - Conference Room - 1:30 PM A. CALL TO CRDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM V. FCRMAL SESSION - Council Chamber - 2:00 PM A. CALL TO CRDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Lewis H. Morgan Community United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. M I NLJTES 1. INFCRMAL & FCRMAL SESSIONS - December 18, 1990 G. FRESENTATIONS 1. REGIONAL JAIL Mr. Art CoIIin s, ExecutIve Di rector Hampton Roads Planning District Commission 2. REGIONAL SOLID WASTE DISPOSAL Mr. Durwood Curling, Executive Director South eastern Pub l ic service Author!ty of Virgin i a H. PUBLIC HEARING I .DIRECT ELECTION OF VIRGINIA BEACH SCHOOL BOARD AND PROVISIONS THEREOF. 1. RESOLUTIONS/CRDINANCES 1. Resolutlon requesting the General Assembly to enact an amendment to the Charter of the City of Virginia Beach to provide for direct election of the School Board. 2. Resolution requesting the General Assembly to initiate procedures for a Constitutional Amendment to authorize the direct election of School Boards with taxing authority. 3. Resolution approving the issuance of Industrial Development Refunding Revenue Bonds by the -@ity of Virginia Beach Development Authority: WIII-O-Vllsp Medical Building Associates $342,285.00 4. ordinance to AMEND and RECRDAIN Section 2-452.1 of the Code of the City of Virgiiiia Beach, Virginia, re Chesapeake Bay Preservation Area Board. 5. Ordinance re a proposed multi-family residential housing developraent at 854-872 Old Virginia Beach Road; and, directing the Clty Manager to certi fy approval to Virginia Housing Development Authority. J. CONSENT AGENDA Al I matters listed under the Consent Agenda are considered in the ordinary course of business by City Counci I and wi I I be enacted by one motion in the form listed. If an Item is removed from tlie Consent Agenda, it wil I be di scussed and voted upon separately. 1. Ordiiiance to AMEND and RECRDAIN Chapter 23 of the Code of the City of Virginia Beach by ADDING Section 23-46.1 re entry in or upon buildings or structures constituting a public nuisance. 2. Ordinance, upon SECOND READING, to APPROPRIATE $105,020 as proceeds from lease purchase re providing a new remittance processor for the City Treasurer. 3. LOW 8 I D: CCNIRACTCRS PAVING 1990-91 Bituminous $773,927.28 COMPANY INC. Concrete Resurfacing and Profile Schedule - Contract 11 K. PUBLIC HEARING 1. PLANNING a. Application of DELMAR PROPERTIES INC., for Change of Zonin Di str i ct C I assi f i cati on from @'-7.5 R.sidanti-li District to PD-HI Planned Unit Development District on the East side of Old Princess Anne Road, 910 feet more or less North of Providence Road (4544 Old Princess Anne Road) containing 1.110 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL b. Application of R. G. MOCRE BUILDING CCRPCRATION for a Conditional Zoning Classification from R-5D Residential Duplex District to 0-1 Office District on certain property located on the South side of Monet Drive beglnning at a point 400 feet East of North Landstown Road, containing 2.307 acres (PRINCESS ANNE BCROUGH). Recommendation: APFROVAL c. Application of STERLING W. AND BONN I E J. THACKBI for Conditional Zoning Classification from AG-2 Agricultural District to B-2 Community Business District on the Northeast side of Indian River Road, 7656 feet more or less Southeast of Elbow Road (3756 Indian River Road) containing 19 acres (KEMPSVILLE BCROUGH). Recommendation: APPROVAL d. Application of SUSAN CONSTANT REAL ESTATE TRUST for a Conditional Use Permit for a community boat dock on the South side of Susan Constant Drive on Parcel A, Section D, Princess Anne Hi I I s, contai n I ng 6, 527 square feet (LYNNHAVEN BCROUGH). Deferred Indefinitely: December 11, 1990 Recommendation: APPROVAL e. Application of CAVALIER GOLF AND YACHT CLUB for a Conditional Use Permit for a non-commercial marina (floating dock) at the Northern terminus of Cardinal Road (1052 Cardinal Road) containing 5.7 acres (LYNNHAVEN BCROUGH). Recommendation: APFROVAL Appl icatl-:)ns of INDIAN RIVER PLANTATION, INC. (PRINCESS ANNE BOROUGH): Change of Zoning District Classifications: AG-1 to R-10 Residential District. contai'ni6g 56.1 acres: PARCEL 1: 720 feet more or less North of Indian River Road beginning at a point 5600 feet more Or less West of West Neck Road. PARCEL 2: 700 feet more or l(@ss North of Indi an River I Road beginning at a point 4200 feet more or less West of West Neck Road. PARCEL 3: 640 feet more or less North of Indian River Road beginning at a point 3040 feet more or less West of West Neck Road. PARCEL 4: 640 feet more or I ess North of Indian River Road beginning at a point 640 feet more or less West of West Neck Road. AG-1 Aqricultural District to R-15 Residential District, containing 6/.i acres: PARCEL 1 660 feet more or less Nortli of Indian River Road beginning at a point 740 feet more or less West of West Neck Road. PARCEL 2-. 1360 feet more or less North of Indian River Road beginning at a point 3850 feet more or less West of West Neck Road. PARCEL 3: 1920 feet more or less North of Indian River Road beginiiing at a point 5540 feet more or less West of West Neck Road. AG- District to R-20 Residential District, con PARCEL 1: 700 feet more or less North of Indian River Road beginning at a point 1140 feet more or less West of West NeckRoad. PARCEL 2: 1200 feet more or less North of Indi an River Road beginning at a point 900 feet more or less West of West Neck Road. PARCEL 3: 4000 feet more or less North of Indian River Road beginning at a point 700 feet rnore or less West of West Neck Road. PARCEL 4-. 1900 feet more or less North of Indian River Road beginning at a point 4800 f eet more or less West of West Neck Road. PARCEL 5: 2300 feet more or less North of Indian River Road beginning at a point 3650 feet more or less West of West Neck Road. PARCEL 6: 1400 feet (nore or less North of Indian River Road beginning at a point 3700 feet more or less West of West Neck Road. AG- Aqr! c ul tura I D! str i ct to R-10 Residential District, con PARCEL 1: North side of lndlan River Road beginning at a point 5800 feet more or less West of West Neck Road. PARCEL 2: Nortli side of Indian River Road beginning at a point 5200 feet inore or less West of West Neck Road. PARCEL 3: North side of Indian River Road beginning at a point 2920 feet more or less West of West Neck Road. PARCEL 4: West side of @qest Neck Road beginning at a point 800 feet fnore or l(@ss North of Indian River Road. PARCEL 5: 2940 feet Northwest of the Intersection of Indian River Road and West Neck Road. AG-2 Agricultural District to R-15 Residential District, containing 22.8 acres: PARCEL 1: West side of West Neck Road beginning at a point 4440 feet more or less North of Indian River Road. PARCEL 2: 300 feet more or less Norti) of Indian River Road beginning at a point 640 feet more or less V4est of West NeckRoad. AG r'cu Itur@l DIFtri@t t. R-20 Residential District, A? 14 -2 co,,tainl,,g .6 acres: PARCEL 1: 700 feet more or less North of Indian River Road beginning at a point 1140 feet more or less West of West NeckRoad. PARCEL 2: 3340 feet more or less North of Indian River Road beginning at a point 1800 feet more or less West of West Neck Road. PARCEL 3: 3480 feet more or less North of Indian River Road beginning at a point 240 feet more or less West of West Neck Road. AND, Conditional Use Permit: For a recreational facility of an outdoor nature (golf course) at the Northwest intersection ot Indian Kiver Road and West Neck Road, containing 203.6 acres. Deferred Indefinitely and Refferred to Planning Commission: May 14, 1990 Recommendation: DENY ALL APPLICATIONS L. UNFINISHED BUSINESS M. NEW BUSINESS 1. INTERIM FINANCIAL STATEMENTS Giles G. Dodd, Assistant City Manager for Administration a. july 1, 1990 - October 31, 1990 b. July 1, 1990 - November 30, 1990 2. Leg!sl ation: "SHAR E-A-R I DE" (Council Lady McCianan to spon,,or John Langlois) N. ADJOLRNMENT 1/3/91 lgs m I N U T E S VIRGINIA BEACI-I CITY COUNCIL Virgitila Beacii, Virglnla January 8, 1991 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Tuesday, January 8, 1991, at 11:30 A.M. Council Members Present: James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: John A. Baum (ENTERED: 11:40 P.M.) Reba S. McClanan (ENTERED: 11:35 P.M.) - 2 - C IT Y MAN GE R ' S B R I E F IN G TRENDS AND ISSUES 11:30 A.M. ITEM # 33908 The City Manager introduced E. Dean Block, Assistant City Manager for Analysis and Evaluation, who provided information relative the Five Year Operating Budget - Background and Forecasts. Mr. Block expressed appreciation to Walter Kraemer, Director - Office of Budget and Evaluation, Catheryn Whitesell - Budget Analyst III and Steve Johnston - Budget Analyst III, for their endeavors. Mr. Block distributed "FY 1992-1996 OPPORTUNITIES, CONSTRAINTS AND THREATS". Section I entitled-. "WHERE WE ARE" reflects the historical perspective and depicts the current situation. From the adoption of the FY 1990-1991 Operating Budget last May, there have been shifts in the economy which at the time of adoption were unforeseen. Primary among them is the developing Middle East situation and the resulting impact on the local economy due to troop deployment and rising fuel costs. Also during the past five to six months there have been other significant changes in the local economy and in State and Federal support to Virginia Beach. Because of the impact of these factors on the City's current revenue stream the City's ability to maintain current levels of service has been directly affected. While service reductions are not currently viewed as critical, they are indications of developing trends within the government. Further state cuts in FY 1991-1992 will make the situation worse - At the same time as resources are static or declining, there is no relaxation in the public's expectation or demands. A basic measuring stick for this phenomena, is called the "Demand for Services" Index. As the "Demand for Services Index" chart illustrates on page 5 of said report, the Demand for City Services is approximately 25% higher per capita than it was in 1980. This chart attempts to measure the demand for services that citizens place on City government. This demand is measured through requests for and provision of select government services, using 1980 as the base year. If demand grew equally with population then the index would be 100, equal to the base year. It is clear there is an undeniable trend to increase in per capita service demand. This chart does not include the schools. It only addresses to the general government local services. This is a very important factor as this change in per capita demand conditions a response that the City must make in terms of revenues and expenditures. Page 6 illustrates the chart entitled: City Operations Per Capita. This chart breaks the information down into cost for City operations. Overall, the cost of City operations has increased from approximatley $269 per resident in FY 1980 to $552 per resident in FY 1991. When the impact of inflation is considered, the ten year increase is fairly level. FY 1991 is approximately $341 or only $72 dollars higher than in 1980 and is only $15 higher than it was five years ago in FY 1987. During that same period of time, there have been many improvements in levels of service, such as, fire, recreation, libraries, mental health and economic development. Examples include: the new library in Kempsville, the new recreation center; additional fire stations, equipment, and personnel; the Virignia Marine Science Museum; improvements at the resort area; and, 98 Police/Uniform Patrol Officers. The Chart on Page 7 illustrates the growth in the School Budget on a per pupil basis for the past decade. The figures are shown in both actual and in constant dollars (dollars controlled for inflation). In actual dollars the amount of money spent to educate each school child in Virginia Beach has grown by nearly $2,850 over the twelve-year period. Tn constant dollars, the growth has been just over $1,100, nearly doubling the amount of money spent per student. These figures do not include debt service. The trend in school debt service per pupil (shown in actual dollars): 1980 1990 School Debt Service Per Pupil $99.39 $218.49 The three aforementioned pages reflect three of the major components of the City's Budget. - 3 - C IT Y MAN GE R ' S B R I E F IN G TRENDS AND ISSUES ITEM # 33908 (Continued) The General Fund Debt Service Per Capita charge illustrates the history of per capita debt service in both actual dollars (shown as "per capita" on the chart) and adjusted for inflation (shown as "constant" on the chart) appropriations. Even though the debt service paid per resident in actual dollars has grown over the twelve year period, per capita debt service as expressed in inflation controlled dollars has been level since 1985. The chart on Page 9 illustrates the Percentage of Total Appropriation made by the general fund in the four major categories of General Debt (debt service), Capital Improvement Program, City Operations and Schools. In FY 1980, the distribution of funds among those categories was approximately 30% to Schools, 60% to City Operations, less than 0.5% to the CIP, and 9.% to debt service. Twelve years later these percentages have shifted so that Schools are receiving 34%, 51% to City Operations, 3.6% to the CIP, and 12% to debt service. This shifting reflects the shift to priorities of the City since 1980. The aggressive capital program and increased school funding requirements have come both from dedicated revenues and from, in relative terms, shifting resources away from City operations, programs and services. The chart on page 11 tracks the Trends in Major Sources of Revenues which support General Fund program expenditures. The major sources of revenue for City operations are real estate taxes and other local revenues (fines, fees, charges for service, etc.). Until 1984, these two revenue sources were approximately eq.ual in collections. From that year onward, however, real estate taxes began to become the predominate revenue source for the City. An alternative to further growth in the dependence on the real estate tax is to implement new or increased fees for service. These could be "phased" in over time. The chart on page 12 depicts the Major Funding Sources which support School Programs and Operations. The single largest revenue source is the transfer form the General Fund to the Schools. This revenue transfer comprises approximately 42.2% of the Schools Annual Operating Budget. In 1987, this local share of the School Budget only comprised 39%. The difficulty with this shifting of responsibilities to the locality is that a large part of the program offered by the Schools is based on State mandates. This City is being required to provide funding without the ability to dictate its use. The shift from 39% in FY 1987 to 42.2% in 1991 is a shift of $9.1- MILLION. Of this shift, almost 80% has occurred in the last three years. The Chart on page 13 illustrates Real Estate Assessments. As the chart illustrates, the majority of the assessed property in the City is residential in nature. Commercial/Industrial property has only increased its percentage form FY 1980 to FY 1991 by 2.47%. Agriculture's percentage is generally less than 1% and often fails to show up on the chart. The chart on page 14 depicts the Percentage Growth in Real Estate Assessed Values. This chart illustrates the problem with a reliance on real estate taxes to support City programs. General Fund Revenue Per Capita is reflected on the Chart on page 15. The chart shows approximately how much each resident contributes to the general government and schools to support programs and services. The chart reflects that from FY 1980 to 1991 the per capita revenues for the City increased from $444 to $1,120 and in constant per capita from $444 to $663. However, since FY 1986, the increase in constant dollars has been only form $592 to $663. These revenues are used to support City general government departments, debt service/CIP, the local share of Schools and grants. To show how these revenues are used, the table below compares uses by major category for FY 1980 and FY 1991 in constant dollars: 1980 1991 School Operations $ 35,225,970 $ 91,057,631 City Operations 70,085,831 135,248,329 Debt Service 10,973,783 32,020,002 Capital Improvement Program 200,000 9,691,724 $116,485,584 $268,107,686 - 4 - C I T Y M A N G E R ' S B R I E F I N G TRENDS AND ISSUES ITEM # 33908 (Continued) Until three years ago, the City received approximately $6-MILLION per year in General Revenue Sharing Funds. This $6-MILLION was not reflected in the General Fund but always, by City Council policy, has been put into the Capital Improvement Program. Revenue funds now must be replaced. The City did replace them. CURRENT FISCAL/SERVICE CONDITIONS (FY 1991) Meeting most elements of the policy framework. Services and service capacity under strain. Strong protective reserves. Strong bond rating Significant educational improvements/reforms have been fiscally supported. Numerous service improvements during the last several years. Tax Rate Comparison: FY 86/87 FY 90/91 Virginia Beach .80 1.032 Chesapeake 1.02 1.310* Portsmouth 1.30 1.320 Norfolk 1.25 1.380 Suffolk (City) 1.10 1.210 Adjusting to downturn in economy and state cuts through aggressive executive action, following defined priorities and principles. Some service impacts are expected. *This rate includes mosquito control districts. The rate outside of the district is $1.285. Section II is entitled FIVE YEAR FORECAST. There are three basic scenarios presented in this forecast. The first scenario (Scenario - One) combines the ,'most promising" set of revenue assumptions with a "managed" approach to expenditures. Scenario - Two takes economic drivers which produce a "slightly worse,, set of revenue assumptions and compares the projected revenues with expenditure projections based on trying to mitigate at least some impact of state and federal cutbacks. The last scenario (Scenario - Three) projects expenditures at near historic increase levels while revenues are showing an actual decline. ASSUMPTIONS FOR THE FIVE-YEAR FORECAST Scenario-One - Real Estate Assessments will grow by approximately an average of 4.5% annually over the forecast period - Economic development activity will cause increased commercial development in areas where infrastructure currently exists - Growth in population will cause a rise in the demand for housing and the construction of new housing - No increase in real estate or other tax rates is assumed - Population will increase by an average of 36 persons annually over the forecast period - Economic development activity will cause people to move into the City - Inflation will average approximately 3.5% to 4.5% annually over the forecast period - Fuel prices will level off or decline in conjunction with a decrease in Middle-East tensions - Consumer concerns with the economy will ease toward the middle of 1991. - 5 - C IT Y MAN GE R ' S B R I E F IN G TRENDS AND ISSUES ITEM # 33908 (Continued) - State will expand revenues to localities in FY 1991 in order to return to original FY 1991 revenue estimates. -Growth in Per Capita income will remain ahead of inflation -Employment levels will rise by 2cts to 3cts annually - Increased employment opportunities due to economic development activities - Strengthening regional and national economy - Local share of schools costs will increase by no more than 2.2% for - FY 1991 and will increase by half the average historical growth rate every year there after (average growth rate is 12.5%) ASSUMPTIONS FOR T'BE FIVE-YEAR F'ORECAST Scenario-Two - Real Estate Assessments will grow by approximately an average of 3.8cts in FY 1992 and growth will remain at that level for approximately 2 years then increase slightly - Economic development and residential development will remain at current levels -No Increase in real estate or other taxes is assumed - Population will increase by 1.5% annually on the average over the forecast period. - Inflation will average approximately 5% to 6% annually over the forecast period. - The potential for military action will remain at least in the short term. - Consumer concern will not decrease due to economic slow downs and federal deficit. - State will continue to have budget constraints which will impact local programming. -Growth in Per Capita income will remain at or slightly behind inflation Economic slow down. -Employment levels will rise by 1.5% annually over the forecast period. - Gains in employment will be made through attraction of additional commercial establishments - Local share of school costs will increase by 7.3%. This will continue the trend of shifting resources from City operations to schools. ASSUMPTIONS FOR THE FIVE-YEAR FORECAST Scenario-Three - Real Estate Assessments will remain at approximately FY 1991 levels through FY 1993 and then will begin growing at 1.5% annually through the end of the projection period. - Decreases in assessments will match increases through FY 1993 - Wetland regulations will limit development activities - Decline in the economy will devalue homes and commercial establishments. - No increase in real estate or other tax rates is assumed. - Population will be at approximately zero growth through the planning period. - 6 - C I T Y M A N G E R ' S B R I E F I N G TRENDS AND ISSUES ITEM # 33908 (Continued) - Inflation will increase at approximately 7% to 8% annually at levels through FY 1993 and then will level off at approximatley 5% through the remainder of the forecast period. - Military actions in the Middle East will keep fuel prices high - Consumer concerns will increase over war, federal deficit and economic recession - State and Federal Governments will continue to have budget trouble leading to continual cutbacks in local program funding. - Growth in Per Capita income will lag behind inflation growths by several percentage points. - Economic recession will limit salary growth - Employment levels will decrease by 2.5% through FY 1993 and then level off. - Economic recession will force companies to lay-off workers. - Leveling off of tourist trade and military spending will impact retail sales, restaurant sales and hotel occupancy. - Local share of school costs will increase by 12.5% or 10% over the amount anticipated in Scenario-One. The Chart on page 32 depicts the Ability to Meet Projected Demand for Services. The chart is constructed by translating projected appropriations for selected services, by scenario, into a per capita index and comparing that index to the service demand index as projected over the forecast period. This provides a rough guide to the aggregate capacity of the City, under those defined circumstances, to meet per capita demand. The graph further demonstrates the likelihood that service level reductions will be occurring. The City Manager advised copies of this report will be transmitted to the School Board and a similar presentation will be presented to them. The City Council, because of budgetary constraints, requested the School Board provide a breakdown relative their attempts to cut expenditures. Section III is entitled GOALS / STRATEGIES / TACTICS. This section presents a brief review of findings, an interpretation of how the forecast scenarios could impact on the City's mission categories and places before City Council a series of potential issues and possible questions for policy consideration. Vice Mayor Fentress referenced the City Manager's letter of December 12, 1990, regarding the City's Real Estate Tax Relief Program which offers exemptions, tax deferral and tax freeze options to qualified elderly or disabled homeowners in the City. This program rose from a cost of $482,000 to $732,570. Vice Mayor Fentress requested action be DEFERRED on the program this year and reviewed in 1992. Mayor Oberndorf will be forwarding to Members of City Council a calendar of possible dates to SCHEDULE a Retreat for Strategic Planning. - 7 - C IT Y C 0 UN C I L C ON C E R N S 1:48 P.M. ITEM # 33909 Vice Mayor Fentress advised he wi 11 sponsor B! 11 Di [Ion, tormer President of the National Restaurant Association in Virginia Beach under NEW BUSINESS. Mr. Dillon wl 11 speak relative the rates for collection and disposal of solid waste trom commercial businesses. Mr. Dil Ion was unable to arrive in time for the City Counci I Session of December 18, 1990. ITEM # 33910 Vice Mayor Fentress wl 11 also Senator Moody Stal lings under NEW BUSINESS regarding a possible RECONSIDERATION of an Ordinance upon application of AMERICAN EAGLE C"UNICATIONS OF VIRIGNIA, INC, for a Conditional Use Permit (APPROVED by the City Council on December 11, 1990). ITEM # 33911 Councl Iman Jones referenced the Ordinance to AMEND and RECRDAIN Chapter 23 of the Code of the City of Virginia Beach by ADDING Section 23-46.1 re entry in or upon buildlngs or structures constituting a public nuisance (See Item J.1 of the CONSENT AGENDA). Councl Iman Jones distributed a revised copy of this ordinance reflecting this offense as a Class One misdemeanor rather than a Class Two misdomeanor. ITEM # 33912 Councilwoman Parker inquired whether the representatives of the City met with the METS representatives in New York on Thursday, December 20, 1990, relative the Staditn. Mayor Oberndorf advised this meeting will be on Wednesday, January 9, 1991. ITEM # 33913 Councilwoman Parker Inquired relative the City's Legislative Packet. Mayor Oberndorf advised Chesapeake and Hampton were formulating Legislative Packages and different cities have forwarded her copies. Mayor Oberndorf believed it was the general consensus of the City Counci I to have the Legislative Breakfast on November Sixteenth in which to engage In dialogue relative expectations for the 1991 General Assembly Session and continue to maintain this ongoing dialogue with the Legislators rather than have a Legislative Package. The City Manager had forwarded a Memorandum of December Tenth proposing various Items for review In preparation for the 1991 Session ot the Ge,eral Assembly and proposing the City Cunci I adopt a list of leglslative priorities, with which to guide Staff and to establish policy. ITEM # 33914 Vice Mayor Fentress requested a Resolution on the COPN (Cortlflcate of Public Need) be Scheduled tor the City Council Session of January 15, 1991, requesting the sunset provisions be removed frofn the Legislation. The majority of the business community has endorsed same. - 8 - C ON C E R N S OF T HE MAYOR ITEM # 33915 Mayor Oberndorf advised of correspondence from Troops In OPERATION DESERT SHIELD. A Lieutenant Commander In Field Hospital Number Five wrote expressing appreciation for the M & M's and salt water taffy, which not only increased their morale, but whlch were shared with visitors and patient5. The Lieutenant Coffnander wished to express her sincere thanks to the City Council, the Hotel/Motel Association, the Restaurant Association, the Retall Merchants and the Veterans. A young man aboard the KENNEDY and others also have expressed their appreciation. Letters have also been received from some of the families expressing appreciation for the support of this City. ITEM # 33916 Mayor Oberndorf referenced the telephone call from Georgette Constant-Davis concerning the The Crossroads report by the Committee studying land use in connection with Transfer of Development Rights. Mrs. Constant-Davis requested the Council Members be aware of this report and conslder same in decisions relating to the Cornprehonsive Plan. - 9 - ITEM # 33917 The INFCRMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Con f erence Room, CIty HAII Bui I dl ng, on Tuesday, January 8, 1991, at 1:05 P.M- Council Members Present: John A. Ba-, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wiiliam D. Sessoms, Jr. Council Members Absent: None - 10 - ITEM # 33918 mayor Meyera E. Oberndorf entertained a motion to permit C!tY Council to conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of or interviews of dates for employment, assignment, appointment, promotion, p performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: 1. Consideration of performances and salaries of appointed officials. 2. Appointment of representative to the Local Emergency Planning Committee (SARA). 2. PU PERTY: Discussion or consideration of the condition, f real property for public purpose, or of the disposition of publicly-held property pursuant to Section 2.1-344(A) (3). To-Wit: Acquisition of Right-ot-Way - Holland Road and Hartford Glen. 3. LEGAL MATTERS: Consultation with legal counsel or brietlngs by staff members, consultant5, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Specific lterns of business on the City Council agenda that may be discussed in executive session: Actual or probable litigation or other specific legal matters are the tollowing: 1. Virginia Land Investment Association No. I v City ot Virginia Beach. 2. TCM/Teachey v. City ot Virginia Beach. Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Councll Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 11 - F OR M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL January 8, 1991 2-.00 P.M. Mayor Meyera E. Oberndorf called to order the F(IRMAL SESSION of the VIRGINIA BEACH CITY COUNCIL In the Council Chambers, City Hall Bul Iding, on Tuesday, January 8, 1991, at 2:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Mernbers Absent: None INVOCATION: Reverend Lewis H. Morgan Community United Methodist Church PLEDGE OF ALLEGIANCE -fO THE FLAG OF THE UNITED STATES OF MERICA - 12 - item V-E. la CERTIFiCATION OF EXECUTIVE SESSION ITEM # 33919 Upon motion by Vice mayor Fentress, seconded by C)Ounci Iman Heischober, City Councl I CERTIFIED THE EIECUTIVE SESSION TO BE IN ACCCRDANCE WITH THE MOTION TO RECESS. only public business matters lawfully exempted from open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Loul s R. Jones, Paul J. Lanteigne, Reba S. McC]anan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 4b, ltt,oatution CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 33918 Page No. 10 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. th lldges Smith, CMCIAAE City Clerk January 8, 1991 13 - Item V-F. 1 MINUTES ITEM # 33920 Upon motion by Counci Iman Sessoms, seconded by Vice Mayor Fentress, City Council APFROVED the Minutes of the INFCRMAL AND FORMAL SESSIONS of December 18, 1990. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. oberndorf, Nancy K. Parker and William D. Sessoms, Jr. r,ouncil Members Voting Nay: None Council Members Absent: None - 14 - Item V-G. 1. PRESENTATIONS REGIONAL JAIL ITEM # 33921 Art Collins, Executive Director - Hampton Roads Planning District Commission, referenced he was advised in October, Virginia Beach City Council had decided not to participate in the concept of a Reglonal Jail. The Contract for a Consultant was renegotiated with the other three communities (Norfolk, Portsmouth and Chesapeake). Mr. Collins received informal communications requesting the Planning District Commission delay execution of the Contract until the City of Virginia Beach had the opportunity to review their decision. The Consultant has advised the Department of Corrections requires the preliminary planning and engineering work be accomplished in June to enable consideration by the appropriate committees of the General Assembly for inclusion In the Budget Session commencing January 1992. The maximum state reimbursement for a local jail Is $1.2-MILLION. Regional Jails have been funded up to 50% without a cap. The State Is golng to reimburse at the rate of $5,357 a bed for the recent jail additions In Virginia Beach. The Central Regional Jal I is being reimbursed at the rate of $22,000 a bed. Suffolk's Jai I is being reimbursed at the rate of $28,200 a bed. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council SCHEDULED for the City Council Session of January 15, 1990: A Resolution REAFFIRMING City Councl I's support of the concept of a Regional Jail and requesting the Hampton Roads Planning District Commission to pursue the st udy of such a f ac I I I ty. Voting: 7-4 Council Members Voting Aye-. John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, Mayor Meyera E. Oberndort and Nancy K. Parker Council Members Voting Nay: James W. Brazier, Jr., Louis R. Jones, Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Absent: None - 15 - Itern V-G.2. PRESENTATIONS REGIONAL SOLID WASTE DISPOSAL ITEM # 33922 Durwood Curling, Executive Director - Southeastern Public Service Authority of Virginia, introduced John Hatfield, Deputy Executive Director. The Southeastern Public Service Authority was created in 1973 as a political subdivision of Virginia by the eight local governments on the south shore of Hampton Roads. Those eight conimunities comprise: Chesapeake, Franklin, Isle of Wight, Norfolk, Portsmouth, Southampton, Suffolk and Virginia Beach. The agency is governed by a Board of Directors with one representative and one alternate from each municipality. Mayor Meyera E. Oberndorf is the City's representative and also the Vice Chairman of the Board of Directors. The Annual Attendance report was distributed to the City Clerk. Mayor Oberndorf had perfect attendance. Approximately I-MILLION citizens are served within the eight communities Approximately I-MLLLION tons of garbage per year are produced within these eight communities. The comprehensive system in place is a leader in the United States. In the northeastern portion of the United States, the tipping fee per ton of garbage are generally in excess of $100 a ton. In Florida and the Atlanta area, tipping fees are in the $75 to $100 a ton range. In Southeastern Virginia, the communities only pay $29 a ton. A standard land fill operation, an extensive recycling program and waste energy program are financed from this tipping fee. The source of revenues are the tipping fees paid by the communities and private haulers and the sale of energy to the Norfolk Naval Shipyard. The Southeastern Public Service Authority's Budget is approximately $45-MILLION. The State is requiring by December 31, 1991, local governments recycle 10% of their waste, by December 31, 1993 - 15% and by December 31, 1995 - 25%. The Authority is in the process of developing the recycling program. At the present time, the recycling program includes the extraction of ferrous metal from the waste stream at the Refuse Derived Fuel Plant in Portsmouth. Aluminum is also hand picked at the RDF plant. In 1990, approximately 1-MILLION pounds of aluminum was extracted. An extensive drop-off program is available to the homeowner at no cost. There is also an extensive Household Hazardous Waste program available. Three permanent facilities are open on Saturday morning for this purpose: Oceana Transfer Station, Chesapeake Transfer Station and Franklin Transfer Station. The Household Hazardous Wastes collected at these stations must be sent to Illinois for disposal. The curbside recycling program began in May 1989 and serves 25,000 homes. Seven products (two plastics, clear glass, aluminum, metal, tin cans and household batteries) are collected at the curb and each homeowner is provided with a container. The cost for the curbside program is approximately $100 to $125 per ton. A tire shredder is located at the Landfill in Suffolk. Approximately 40,000 tires per month are handled at this facility. The yard waste program is the most recent addition to the recycling program. A yard waste composting, mulching facility has been constructed at Mount Trashmore II. The City operates and owns the Virginia Beach landfill while the Authority pays the City the net Operating Costs of the landfill. The Authority purchased the Oceana Transfer Station. Thus far,the Authority has paid to Virginia Beach for these two facilities approximately $5.2-MILLION. The Authority is contributing to the construction of Rosemont Road extended to serve the Municipal Complex and the Landstown Transfer Station. It is anticipated a right-of-way will be acquired for the Landstown Station by June. Construction of Rosemont Road extended and the Transfer Station will commence with both facilities on line by early Fall 1992. The area adjacent to the landfill in Suffolk, in which the Authority wished to expand, is 100% tidal wetlands. Two sites have been identified as potential landfills, one in Chesapeake that has been farmed continuously prior to February 1985, and a site in Camden County, North Carolina, which the Corps has determined is not non-tidal wetlands. Out of 89 possible sites investigated, these are the Only two which appear to offer any reasonable possibility. Assuming 100,000 tons of waste per year is received from the surrounding North Carolina communities, the Camden County alternative is the least expensive alternative. It is 47 miles from the Oceana Transfer Station to the Isle of Wight Site and 49 from the Oceana Transfer Station to the Camden County site. If 100,000 tons of waste cannot be acquired from the North Carolina communities, then the Chesapeake site becomes the least expensive alternative. - 16 - item V-H- PUBLIC HEARING ITEM # 33923 Mayor Oberndorf DECLARED a PUBLIC HEARING: DIRECT ELECTION OF VIRGINIA BEACH SCHOOL BOARD AND PROVISIONS THEREOF. The following spoke In SUPPCRT of Direct Election of the Virginia Beach School Board: Maury Bailey, 2412 Ketch Court, Phone: 496-1934 Cl audette Thomure, 1220 Eag I e Way, Phone: 471 -4774, represented the V i rg i ni a Beach Education Association Steven E. Coents, 4811 Honey Grove Road, Phone: 497-0702 Joan Chebetar, 217 Greenwood Lane, Phone-. 486-1069 Lou Pace, 1908 Hunts Neck Court, Phone-. 468-0925 Frank Paimierl, 500 NorMan Lane, Phone: 340-6093 Maurice B. Jackson, 1125 Ditchley Road, Phone: 481-6300 The City Clerk referenced letter of tormer Councl I Member John D. Moss reflecting his opinions on Direct Election of the School Board. Said letter is hereby made a part of the record. There being no further speakers, Vice Mayor Fentress* CLOSED the PUBLIC HEARING. *Mayor Oberndorf had to leave mornentarily during the PUBLIC HEARING due to a 'phone call involving a family emergency. 17 - Item V-i. 1 RESOLUTIONS/CRDINANCES ITEM # 33924 A MOTION was made by CouncII -man McCl anan, seconded by Counc i Iman Braz!er to ADOPT a Resol ution requesting the General ASSembly to enact an amendment to the Charter of the City of Virginia Beach to provide for direct election of the School Board and the accompanying Exhibit A with adjustment to both the dates and the districting. Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman Baum, City Council ADOP'TED: A Re5Olution directing the City Attorney to prepare all necessary documents providing tor areferendtn on elected School Boards. Voting: 6-5 Council Members Voting Aye. John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones and William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr., Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker Council Members Absent: None A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE ALL NECESSARY DOCUMENTS PROVIDING FOR A REFERENDUM ON ELECTED SCHOOL BOARDS WHEREAS, pursuant to the existing Charter of the City of Virginia Beach, members of the School Board are appointed to their positions by the City Council; and WHEREAS, the City Council of the City of Virginia Beach is of the opinion that the voters of the City should be asked to decide whether the City Council should request the General Assembly to amend the City's Charter to provide for: (1) The direct election of the School Board by the voters; and (2) The grant of taxing authority to the elected school Board. NOW, THEREFORE, BE IT RESOLVED BY THE CTTY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Attorney is directed to prepare all necessary documents and take all necessary action to provide for the holding of an election in November, 1991, pursuant to Section 15.1-834 of the Code of Virginia of 1950, as amended, on the following questions: 1. Should the City Council request the General Assembly to amend the City's Charter so as to provide that members of the School Board shall be elected by the voters of the City? 2. Should an elected School Board be granted taxing authority? Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of January, 1991. - 18 - item V-1.2. RESOLUTIONS/CRDINANCES ITEM # 33925 City Council TOOK NO ACTION: Resolution requesting the General Assembly to Initiate procedures for a Constitutional Amendment to authorize the direct election of School Boards with taxing authority. - 19 - item V-1.3- RESOLUTIONS/CRDINANCES ITEM # 33926 Upon motlon by Vice Mayor Fentress, seconded by Councl lwoman Parker, City Council ADOPTED: Resolution approving the Issuance ot Industrial Development Refunding Revenue Bonds by the City ot Virginia Beach Development Authority: Will-O-Wisp Medical Building Associates $342,285.00 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Mernbers Absent: None SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY INDUSTRIAL DEVELOPMENT REVENUE BOND 1. Project Name: Will-o-Wisp Medical Building Associates, a virginia general partnership 2. ProjeCt Location: 1012 First Colonial Road Virginia Beach, Virginia 23454 3. Description of Project: An approximate 5400 square foot facility situate on an approximate 1/2 acre tract, for lease to physician practices 4. Amount of Bond Issue: $342,285.00 5. Principals: A. Russell Dunnington, Jr., M.D. Edward R. George, M.D. Robert L. Burger, M.D. Paul N. Krop, M.D. 6. Zoning Classification: (a) Present zoning classification of the property? 0-2 (b) Is rezoning proposed? Yes No x (c) If so, what zoning classification? N/A dnr/willowisp/summary RESOLUTION "PROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REFUNDING NUE BONDS WILL-O-WISP MIEDICAL BUILDING ASSOCIATES WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has considered the application and plan of financing of Will-O-Wisp Medical Building Associates, a virginia general partnership (the "Purchaser") for the issuance of the Authority's industrial development refunding revenue bonds in an amount not to exceed Three Hundred Forty-Two Thousand Two Hundred Eighty-Five Dollars ($342,285.00) (the "Bonds") to assist the Purchaser in the refunding of its $410,000.00 City of Virginia Beach Development Authority Industrial Development Refunding Revenue Bond, Will-o-Wisp Medical Building Associates Facility, Series 1983, the proceeds of which were used to refund a 1981 Virginia Beach Development Authority Industrial Development Revenue Bond, the proceeds of which were used to acquire, construct and equip a medical office building of approximately 5400 square feet located on an approximate 1/2 acre tract at 1012 First Colonial Road, Virginia Beach, Virginia 23454, and, after proper notice in a newspaper of general circulation, has held a public hearing thereon on Deceniber 18, 1990, pursuant to Section 15.1-1738.1 of the Code of Virginia, 1950, as amended; and WHEREAS, the Authority has requested the City Council (the "Council") of Virginia Beach, Virginia (the "City") to approve the issuance of the Bonds in compliance with Section 147(f) of the Internal Revenue code of 1986, as amended; and WHEREAS, pursuant to Section 15.1-1378.1 Code of Virginia, 1950, as amended, a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, and the Fiscal Impact Statement and the Economic Impact Statement, have been filed with the Council of the City of virginia Beach, virginia; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, approves the issuance of the Bonds by the City of virginia Beach Development Authority for the benefit of Will-o-wisp Medical Building Associates, a Virginia general partnership, to the extent of and as required by Section 147(f) of the Internal Revenue Code, to permit the Authority to assist in the financing of the Facility. 2. The approval of the issuance of the Bonds, as required by Section 147(f), does not constitute an endorsement of the Bonds or the creditworthiness of the Purchaser, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefore, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the AUthority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ADOPTED by a majority of a quorum of the Council of the City of Virginia Beach, Virginia onxr e=xxx*XA*@ January 8, 1991 dnr/willowisp/resolution -2- E :Ij i L A A meeting of the Council of the City of Virgiiii,i Beacii, Virgini,,i, was hol(I in th(, Cotincit Chiiiiil),@rs, in the Adrninistratiori Building, on the '.6th day or S,@pt(3inber, 1983. On motion by and seconded by -1 th,, following liesolution was adopted. RESOLUTION OF CITY COUNCIL APPROVING Ttil' ISSUANCE OF INDUSTRIAL DEVELOPMENT RFVENUE BOND TO WILL-O-WISP MEDICAL BUILDING ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP WliEltEAS, the City of Virginia Beach Development Autliority of Virginia Beach, Vir,inia (the "Authority"), has considered the reqiiest of Will-O-Wisp Medical Building Associates, a Virginia general part- nersliip (tli(@ "Coiill)any") for the isstiance of the Atithority's in(iiistri@ll devilopineiit reventie bonds iii ;in :iinotint estimated at Foilr Ifundre(i Firte(,'n Thotis.,ind Dollars ($415,000.00) (the "Bond") to assist the Company in financing its medical office building located at 1012 First Coloniql Ro,id, Vir,@inia BLach, Virginia 23452 (the "Facility"), which Facilty wal3 initially financed with a $400,000.00 Industriul Development Reveliue Bond (Will-O-Wisp Medical Building Associates Facility) Series 1931, and, after proper notice in a newspaper of general circulation, has held a public hearing thereon on September 13, 1983; and WHEREAS, the Authority has request,-,d the City Council (the "Council") of Virginia Beach, Vir,@inia (the "City"), to approve the issuance of the Bond to comply with Section 103(k) of the Intern@ll Reveiiiie Code of 1954, as amended; and WHEREAS, a copy of the Authority's resolution approving the plan of financing and the issuance of the bond, subject to the terms to be agreed upon and a ree6rd of the public hearing has been filed with the Clerk of the Council; BE IT REsbLVED BY THE CITY COUNCIL OF THE cl,ry OF VIRGINIA BEACH, VIRGINIA: 1. The Council of the City of Virginia Beach, Virginia, appro- ves the i:3suance of the Bond by the City of Virgillia Beacti Developinent Authority of Virginia Beach, Virginia, for the benefit of Will-O-Wisp Me(iical Buildiiig Associat(,s, a Virginiii gen(,ral 1)artnership, to the ext(,.nt rp(Iiiir(@(i I)y Soctioii 10:1(k) of the Iiit(-rriiil Reventie Code, to ppr- mit the Autliority to a.,3@ist in th(-, fin@incing of tlie Facility. -1- 2. The approval of the issuance of the Bond, as required by Section 103(k), does not constitute an endorsement of the Bond or the creditworthiness of the Company, but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond shall provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and monies pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on September 26, 1983. 8.5.4l.C -2- FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING DATE: NOVEMBER 14, 1990 TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA PROJECT NAME: WILL-O-WISP MEDICAL BUILDING ASSOCIATES, a virginia general partnership TYPE OF FACILITY: MEDICAL OFFICE BUIIJ)ING 1. Maximum amount of financing sought $342,285.00 2. Estimated taxable value of the facility's real property in the municipality 600,000.00 3. Estimated real property tax per year using present tax rates 4,000.00 4. Estimated personal property tax per year using present tax rates 1,300.00 5. Estimated raerchants' capital (business license) tax per year using present tax rates 8,000.00 6. Estimated dollar value per year of goods and services that will be purchased locally 93,000.00 7. Estimated number of regular employees on year round basis 20-25 8. Average annual salary per employee 14,000.00 The information contained in this statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. City of virginia Beach Development Authority By Chairm n dnr/forms/impactstmt @@@-FARM B,.ad B.y Pm@t G,.,@@ SEASif(IRE STATE Mui@a ORTH @@LANTON Tlre Ferebee SAY CLIFF B.a@h C, T El ALANTON LINKHORN 7n COVE He '71@. 4T ...... ri HS C', NORTH L@ 8"d Neck Pt LIT7LE C@,aii,, GC t IN,. Y.cht Cl@b tikho,, Po,,t POi"4T @L-ALJR EL p i lt.p Project Name: WILL-O-WISP MEDICAL BUILDING ASSOCIATES, a Virginia general partnership Project Address: 1012 First Colonial Road Virginia Beach, Virginia 23454 TYpe of Project: Medical Office Building - 20 - Item V-1.4. RESOLUTIONS/CRDINANCES ITEM # 33927 Maurice B. Jackson, 425 Ditchley Road, Phone: 428-1470, represented the Virginia Beach Council of Civic Organizations. Mr. Jackson adv I sed the Councl I of Civic Organizations believes Environmentali5t should be members of the Chesapeake Bay Preservation Area Board. Upon motion by Vice Mayor Fentress, seconded by Councl lwornan Parker, City Council ADOPTED-. Ordinance to MEND and REORDAIN Section 2-452.1 of the Code of the City of Virginia Beach, Virginia, re Chesapeake Bay Preservation Area Board. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Loul s R. Jones, Paul J. Lanteigne, Reba S. McC]anan, Mayor Meyera E. Oberndorf, Nancy K. Parker* and William D. Sessoms, Jr. Counci I Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 2-452.1 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, PERTAINING 4 TO THE CHESAPEAKE BAY PRESERVATION 5 AREA BOARD 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 That Section 2-452.1 of the Code of the City of Virginia 9 Beach, pertaining to the Chesapeake Bay Preservation Area Board, 10 is hereby amended and reordained, and shall read as follows: 11 Sec. 2-452.1. Chesapeake Bay Preservation Area Board. 12 (a) There is hereby created the Chesapeake Bay 13 Preservation Area Board, which shall have such authority as is 14 conferred upon it by the provisions of the Chesapeake Bay 15 Preservation Area Ordinance. Such Board shall consist of seven 16 members, who shall be appointed by the city council for terms of 17 three years; provided, however, that original appointments shall 18 be raade as follows: three members shall be appointed for a term 19 of three years, two members for a term of two years, and two 20 members for a term of one year. Members may serve for no more than 21 three consecutive three-year terms in addition to an initial term, 22 if such initial term is less than three years, but a member whose 23 term expires shall continue to serve until his successor is 24 appointed and qualifies. Appointments to fill vacancies shall be 25 for the unexpired portion of the term. Members of the board shall 26 be compensated in the amount of Fifty Dollars ($50.00) per 27 regularly-scheduled meeting attended and shall be reimbursed for 28 their necessary expenses in discharging their duties. 29 (b) The board shall elect from its membership a chair 30 and a vice-chair. The chair shall preside at all meetings of the 31 board, except that the vice-chair shall preside in the absence of 32 the chair. MeTnbers of the Board shall o take an oath 33 o-f office prior to assuming their Positions. The board may make, 3 4 alter and rescind rules and forms for its procedures, consistent 35 with the ordinances of the city, including, without limitation, 36 Sections 114 and 115 of the Chesapeake Bay Preservation Area 37 Ordinance, and the general laws of the CoTftmonwealth. 38 (c) Pursuant to the Provisions of 4 2.1-639.14A of the 39 Co a. the members of the Chesaueake Bav Preservation 40 Ar s a condition of assuming office, 41 disclosure statements of their Personal interests and other 42 information speci.fied on the forms set forth in SS 2.1-639.15 of 43 th irginia and, thereafter, file such tatements 44 annually on or v 15. 45 Adopted by the City Council of the City of Virginia Beach, 46 virginia, on the 8 day of January 1991. 47 CA-4054 48 \ordin\proposed\02-452-i.pro 49 R-1 2 - 21 - Item V-1.5. RESOLUTIONS/CRDINANCES ITEM # 33928 Upon motion by Counci Iman Heischober, seconded by Counci lman BaLyn, City Cunci I ADOPTED: Ordinance re a proposed multi-family residential housing development for the mentally retarded at 854-872 Old Virginia Beach Road; and, directing the City Manager to certify approval to Virginia Housing Development Authority. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORDINANCE TO CERTIFY APPROVAL OF A PROPOSED MULTI-FAMILY DEVELOPMENT FOR THE MENTALLY RETARDED WHEREAS, the City of Virginia Beach supports the development of supportive housing for special populations, and WHEREAS, the Virginia Housing Development Authority (VHDA) proposes to provide financing for ten units of housing for the mentally retarded to be operated by the Volunteers of America, and WHEREAS, the Council wishes to certify its approval of this project to VHDA NOW THEREFORE BE IT ORDAINED that the Council of the City of Virginia Beach, Virginia certifies its approval of the proposed multi-family residential housing development at 854-872 Old Virginia Beach Road, and Be it further ordained that the City Manager is directed to certify this approval upon the necessary forms to VHDA Approved by the Council of the City of Virginia Beach, Virginia, this day of January, 1991. Approved as to Contents: Mar stick, Di or Dept. of Housing & Ne: od Pr@ser@tion Approved as to Legal Sufficiency and Form ci Attorney C,t In accordance With Virginia Code Section 36-55.39(B), the y Council Of , Virginia, hereby certifies to the Virginia Housing Development Authority its approval of the proposed multi-family residential housing development called Beach Park Apartments as expressed in its resolution duly adopted on 19-1 a certified copy of which is attached hereto. City Council oE Virginia By: Its Mayor Cr-RTII@'ICA'rION Or APPROVAL In accordance with Virginia Code Section 36-55.39(B), the City Council of -1 Virginia, hereby certifies to the Virginia liousing Development Authority its approval of the proposed multi-family residential housing development called Beach Park Apartments as expressed in its resolution duly adopted on 19 a certified copy of wlich is attached hereto. CitY Council of Virginia By: Its Mayor - 22 - Item V-J. CONSENT AGENDA ITEM # 33929 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED in ONE MOTION Items 1, 2 and 3 of the CONSENT AGENDA. Item I was ADOPTED, as REVISED. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 23 - Item V-J. I CONSENT AGENDA ITEM # 33930 Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City Council ADOPTED, as REVISED. Ordinance to AMEND and RE(RDAIN Chapter 23 of the Code of the City of Virginia Beach by ADDING Section 23-46.1 re entry in or upon buildings or structures constituting a public nuisance. *This offense shall be a Class One misdemeanor rather than a Class Two misdomeanor. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 23 2 OF THE CODE OF THE CITY OF VIRGINIA BEACH BY 3 THE ADDITION OF A NEW SECTION 23-46.1, 4 PERTAINING TO ENTRY IN OR UPON BUILDINGS OR 5 STRUCTURES CONSTITUTING A PUBLIC NUISANCS 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 That Chapter 23 o@- the Code of the City of Virginia 9 Beach, is hereby amended and reordained by the addition f a new 10 section, which shall be numbered Section 23-46.1, and which shall 11 read as follows: 12 Sec. 23-46.1. Nuisance structures. (a) re 13 wh -and unsecur 14 windows, or wh r 15 to e unsafe, unsanitarv not __prov 16 facilities, or to constitute a fL e hazar Or a hazard to health 17 or j-nt 18 aba to lack eguired ve lat,-cn 111-iation 19 san ting facili -unfit for 20 occ e administr 21 det he housin2 cde adninistrator shall cas@ t. b-e 22 es a placard 23 stating "THIS S 24 USE ANCY or words tO substantially the same 25 eff ch building or structure 26 constitute a public nuisance. 27 Lb) or 28 structure which con has been 29 30 One 31 for vin2 written authorizatic 32 administrator to 3 3 portion -,hereof. fn-r nurposes of making required repairs, 34 demolition or inspection. 3 5 Adopted by the City Council of the City of Virginia 36 Beach, Virginia, on the 8 day of January , 1991. 37 CA-90-3958 38 \ordin\proposed\23-46-l.pro 39 R-2 2 - 24 - Item V-J. 2 CONSENT AGENDA ITEM # 33931 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPRED, upon SECOND READING: Ordinance to APPROPRIATE $105,020 as proceeds from lease purchase re providing a new remittance processor for the City Treasurer. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Williarn D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I AN ORDINANCE TO APPROPRIATE $105,020 AS 2 PROCEEDS FROM LEASE PURCHASE IN ORDER TO PROVIDE 3 A NEW REMITTANCE PROCESSOR FOR THE CITY TREASURER 4 VHEREAS, the City Treasurer uses automated remittance processing to process 5 funds collected through his office; 6 WHEREAS, the present remittance processing system operates at 1,350 7 transactions per hour with a 20% dovntime, and a new remittance processor will 8 operate at 2,050 transactions per hour with no anticipated downtime. 9 WHEREAS, the present remittance processing system costs the city $30,720 10 in maintenance per year and requires an additional $14,000 of manpower assistance 11 per year during peak operation, totalling $44,720 in annual operating costs; 12 VHEREAS, a new remittance processor can be lease purchased over a five year 13 period for $105,020 plus interest payments, with maintenance costs of $1,744 14 for the first year, and $7,676 per year thereafter, and would not require the 15 additional staffing for peak operations; 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH, 17 VIRGINIA, that funds in the amount of $105,020 be appropriated to the FY1990- 18 91 operating budget of the Treasurer for a new remittance processor; 19 BE IT FURTHER ORDAINED that the appropriation be offset by an increase in 20 estimated revenues as proceeds from lease purchase; 21 BE IT FURTHER ORDAINED that the increase in debt service costs for this 22 equipment shall be offset by annual savings in reduced maintenance and manpower 23 costs in the Treasurer's operating budget for the next five fiscal years. 24 THIS ORDINANCE SHALL BE IN EFFECT FROM THE DATE OF ITS ADOPTION. 8 January 1991 25 ADOPTED THE - DAY OF XXM , BY THE CITY COUNCIL 26 OF VIRGINIA BEACH, VIRGINIA. 27 First Reading: December 18, 1990 28 Second Reading: January 8, 1991 - 25 - Item V-J.3 CONSENT AGENDA ITEM # 33932 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED: LOW BID: CONTRACTORS PAVING 1990-91 Bituminous $773,927.28 COMPANY INC. Concrete Resurfacing and Profile Schedule - Contract II Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 26 - item V-K. 1. PUBLIC HEARING ITEM # 33933 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) DELM PROPERTIES, INC. CHANGE OF ZONING (b) R. G. MOCRE BUILDING CCRPCRATION CONDITIONAL ZONING CLASSIFICATION (c) STERLING W. AND BONNIE J. TRACKER CONDITIONAL ZONING CLASSIFICATION (d) SUSAN CONSTANT REAL ESTATE TRUST CONDITIONAL USE PERMIT (e) CA"LIER GOLF AND YACHT CLUB CONDITIONAL USE PERMIT (f) INDIAN RIVER PLANTATION, INC. CHANGES OF ZONING AND CONDITIONAL USE PERMIT - 27 - Item V.K.I.a. PUBLIC HEARING PLANNING ITEM # 33934 Thomas J. Hansen, 4538 Bonney Road, Phone-. 490-0161, represented the applicant Upon motion by Counc II man Cl yburn, seconded by Counc i I man Sessoms, City Counc i I ADOFITED an Ordinance upon application of DELMAR FROPERTIES, INC. for a Change of Zoning: ORDINANCE UPON APPLICATION OF DELMAR PROPERTIES, INC. FCR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO PD-HL Z01911294 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Delmar Properties, Inc. for a Change of Zoning District Classification from R-7.5 Residential District to PD-HL Planned Unit Development District on the east side of Old Princess Anne Road, 910 feet more or less north of Providence Road. The proposed zoning classification change Is for multiple family residential land use. The Comprehensive Plan recommends use of this parcel for residential development compatible with existing zoning. The parcel is located at 4544 Old Princess Anne Road and contains 1.110 acres. KEMPSVILLE BCROUGH. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of January, Nineteen Hundred and Ninety-One. Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None - 28 - Item V.K.I.b. PLIBL I C HEAR I NG PLANNING ITEM # 33935 Joe Wharton, 469 South Independence Boulevard, Phone: 499-8024, represented the applicant Upon motion by Councilwoman McCianan, seconded by Councilman Heischober, City Council ADOFITED an Ordlnance upon application ot R. G. MOORE BUILDING CGRPORATION tor a Conditional Zoning Classification: ORDINANCE UPON APPLICATION OF R. G. MOCRE BUILDING CCRPORATION FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-5D to @ A-12 (AS MODIFIED) Z01911295 BE IT HEREBY CRDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application ot R. G. Moore Building Corporation for a Conditional Zoning Classification from R-5D Residential Duplex District to DtS*F'G*- A-12 Apartment District (AS MODIFIED) on certain propert@ located on the south side of Monet Drive beginning at a point 400 teet east of North Landstown Road. The Comprehensive Plan recommends use of this parcel for residential development at a density no greater than 3 dwelling units per acre. The parcel contains 2.307 acres. PRINCESS ANNE BCROUGH. The following condition shall be required: 1. Agreement encornpassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceeding5. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of January, Nineteen Hundred and Ninety-One. - 29 - Item V-K.I.b. PUBLIC HEARING PLANNING ITEM # 33935 (Continued) Voting: 8-2 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan and William 0. Sessoms, Jr. Councl I Members Voting Nay: Mayor Meyera E. Oberndorf and Nancy K. Parker Council Mernbers Abstaining-. Louis R. Jones Council Members Absent: None Councl Iman Jones ABSTAINED as he might have owned thi s property THIS AGREEMENT, made this 7 7A day of November, 1990, by and between R.G. MOORE BUILDING CORP., a Virginia Corporation, (hereinafter Grantor), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as Grantee). W I T N E S S E T H : WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of virginia Beach, Virginia, by peti- tion of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's property from R-5D (Residential) to A-12 (Multi-family/Residential), on certain property containing a total of 2.307 acres, more or less, in the Princess Anne Borough, of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A (hereinafter the Property). WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including multi-family residential purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various uses conflict and that in order to permit differing uses on and in the area of the subject property and at the same time to recognize the effects of the changes, and the need for various types of uses, including those listed above, certain reasonable condi tions governing the use of the Property for the protection of -1- the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writ- ing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the zoning MaP, in addition to the regulations provided for in the existing A-12 zoning district by the existing Comprehensive zoning ordinance, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subseguent amend- ment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Of- fice of the Circuit Court of the City of Virginia Beach, -2- virgihia, and executed by the record owner of the subject property at the time of recordation of sudh instrument; provided, further, that said instrument is consented to by the Glrantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantor, for themselves, their suc- cessors, assi gns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exac- tion from the Grantee or its governing body and without any element of compulsion of cuid Dro cruo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restric- tions as to the physical development, operation and use of the Property and hereby tenders the following covenants run- ning with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their successors, personal representa- tives, assigns, grantees and other successors in interest or title, namely: 1. The Property shall be used exclusively for child care center; -3- 2. All exterior walls of the day care center shall be brick. 3. The Property shall be developed in general conformity with the site-plan depicted as 'Schematic Plan, Child Care Center, Parcel 1, Landstown Lakes, prepared by Land Use, Inc., September 27, 1990", and attached hereto as Exhibit B. The Grantor covenants and agrees that (1) the zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, virginia to administer and enforce the foregoing conditions and restric- tions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunc- tion, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shown by an appropriate symbol -4- on the map the existence of conditions attaching to the zon- ing of the subject property, and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning bepartment, and that they 8hall be recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals: R.G. MOORE BUILDING CORP. By: R.G. Moore, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: .@LL Subscribed and sworn to before me th day of November, 1990 by R.G. Moore, President of R.G. MOORE BUILDING CORP. Notary Public My Commission Expires: sll/du-.zslllr.g.m.prof -5- fn - 30 - item V-K.I.c- PUBLIC HEARING PLANNING ITEM # 33936 Attorney BIII Bi shof f, 1608 Ray Way, Phone: 490-6000, represented the appt icant and advised the application Is for only three acres. Letters and petitions in support of the applicatlon are hereby made a part of the record. Upon motion by Councilman Clyburn, seconded by Councilman Heischober, City Oouncil ADOPTED an Ordinance upon application of STERLING W. AND BONNIE J. THACKER for a Conditional Zonlng Classification: CRDINANCE UPON APPLICATION OF STERLING W. AND BONNIE J. THACKER FCR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO B-2 Z01911296 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sterling W. and Bonnie J. Thacker for a Conditional Zoning Classification from AG-2 Agricultural District to B-2 Community Business District on the northeast side of Indian River Road, 7656 feet more or less southeast of Elbow Road. The proposed zoning classification change is for commerical land use. The Comprehensive Plan designates this site for single family residential development with a density no greater than 3 dwelling units per acre. The parcel is located at 3756 Indian River Road and contains 3 acres. KEMPSVILLE BCROUGH. The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth day of January, Nineteen Hundred and Ninety-One. Voting: 9-2 C)ouncil Members Voting Aye; John A. BaLn, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan and William D. Sessoms, Jr. Council Members Voting Nay: Mayor Meyera E. Oberndorf and Nancy K. Parker oouncil Members Absent: None Sterling W. Thacker and Bonnie J. Thacker TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this day of 1990, by and between Sterling W. Thacker and Bonnie J. Thacker (Grantors), parties of the first part, and City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia (Grantee), party of the second part, W I T N E S S E T H WHEREAS, Grantors are the owners of a certain parcel of property located in the Kempsville Borough of the City of Virginia Beach containing nineteen (19) acres, more or less, located at 3756 Indian River Road (formerly on Indian River Turnpike Road) and west of the property now or formerly owned by Richard Downing and being more particularly described according to a plat recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 59, at page 19; and WHEREAS, the Grantors wish to change the zoning classification for a portion of the above-referenced parcel from AG-2 district to B-2 Conditional district, as more particularly described on Exhibit A attached hereto and incorporated herein, hereinafter referred to as the "Property"; and WHEREAS, the Grantors have initiated a conditional ;.endment to the zoning map of the City of Virginia Beach, virginia, by petition addressed to the Grantee so as to chanoe the zoning classification of the Property from AG-2 District to B-2 District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the rezoning map with respect to the Property, the following reasonable conditions relating to the physical development, operation and use of thle Property to be adopted as a part of said amendment to the zoning map relative and applicable to the -2- Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or auid I)ro auo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees and other successors in interest or title: 1. The uses for the Property shall be limited to those granted pursuant to the conditional use permits granted by the Virginia Beach City Council on July 2, 1984 and March 3, 1986 and for the sale of animal consumables, animal care products, and horse trailers. 2. The sale of animal consumables, animal care products and horse trailers shall be conducted only between the hours of 7:30 a.m. t6 6:00 p.m- Monday through Saturday, and 12:00 p.m. to 6:00 p.m- on Sunday. -3- 3. No more than four (4) horse trailers shall be displayed for sale upon the Property at any one time. 4. A sign no larger than 4 feet by 8 feet advertising the uses set forth above shall be permitted on the Property. 5. Ingress and egress to the Property shall be limited to the 30.04 ft. by 392.00 ft. stem of the Property connecting same to Indian River Road. 6. The total area utilized for retail sales involving the uses set forth in paragraph 1 herein shall be limited to a maximum of 8000 square feet of floor area. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the zoning ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the zoning ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance until specifically repealed. The conditions, however, may be repealed, amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, virginia, and executed by the record owner of the property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an -4- ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee Which wa5 to the provisions of S15,1-431 of the Code advertised pursuant of Virginia (1950), as amended. Said ordinance or resolution shall be recorded along ith said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. All references hereinabove to AG-2 and B-2 Districts and to the requirements and regulations applicable thereto refer to the comprehensive zoning ordinance and subdivision ordinance of inia Beach, Virginia, in force as of the .7@ the city of Virg - day of C,,,,il , 1990, hich are by this reference incorporated herein. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, virginia, to administer and enforce the foregoing provisions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to ensure compliance with such conditions, including mandatory and prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; -5- (2) The failure to rneet all conditions and restrictions shall conStitUte cause to deny the issuance of ahy of the required building or occl'pancy Permits as may 13e appropriate; (3) if aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. WITNESS the following signatures and seals: Ster AL) -6- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregging instrument was acknowledged before me this day of 1990, by Sterling W. Thacker. My commission expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foreg ent was acknowledged before me this day of 1990, by Bonnie J. Thacker. My commission expires: -7- LEGAL DESCRIPTION FOR PROPERTY TO BE REZONED To reach the point of beginning commence at the southeast intersection of Indian River Road and Elbow Road in the City of Virginia Beach, Virginia, and from said point proceed in a southerly direction along the eastern right of way line of Indian River Road 1.45 miles to a pin, which pin is located in the southwestern corner of property now or formerly belonging to William W. Walke thence turn and run north 40'52'27.1 east a distance of 40.05 feet to a pin; thence turning and running south 46'121011, east a distance of 318 feet to a point which point is the Point of beginnina of the property hereinafter described; and from said point turning and running north 40'5212711 east a distance of 430 feet to a point; thence turning and running north 15'40'361, west a distance of 171.39 feet to a point; thence turning and running north 40@52-27'- east a distance of 127 feet to a point; thence turning and running south 49'07'33" east a distance of 118 feet to a point; thence turning and running north 40'52,271, east a distance of 22 feet to a point; thence turning and running south 49'07'33-- east a distance of 352.50 feet to a point; thence turning and running south 41'47'07" west a distance of 283.04 feet to a point; thence turning and running north 49'07'33" west a distance of 293.00 feet to a point; thence turning and running south 40'52'27" west a distance of 392 feet to a point; thence turning and running north 46'12'01" west a distance of 30.04 feet to the point of beginning. - 31 - item V-K.I.d. PLIBLIC HEARING PLANNING ITEM # 33937 James Ainery Thurman, 3330 Pacific Avenue #200, Phone: 422-0060, represented the applicant Upon motion by Councilman Brazier, seconded by Vice Mayor Fentess, City Council DEFERRED INDEFINITELY an Ordinance upon application ot SUSAN CONSTANT REAL ESTATE TRUST for a Conditional Use Permit: CRDINANCE UPON APPLICATION OF SUSAN CONSTANT REAL ESTATE TRUST FCR A CONDITIONAL USE PERMIT FCR A COMMUNITY BOAT DOCK Ordinance upon application of Susan Constant Real Estate Trust for a Conditional Use Permlt for a community boat dock on the south side of Susan Constant Drive on Parcel A, Section D, Princess Anne Hills, Said parcel contains 6,527 square feet. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. BaLn, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None This item was brought forward to the beginning of the PLANNING AGENDA. - 32 - Item V-K.I.e PUBLIC HEARING PLANNING ITEM # 33938 Joe Andrew, Harbormaster, 1052 Cardinal Road, Phone: 428-3131, represented the applicant Upon motion by Councilman Brazier, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CAVALIER YACHT CLUB FOR A CONDITIONAL USE PERMIT FOR A NON-COMMERCIAL MARINA (FLOATING DOCK) R01911353 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Cavalier Golf and Yacht Club for a Conditional Use Permit for a non- commercial marina (floating dock) at the northern terminus of Cardinal Road. The parcel is located at 1052 Cardinal Road and contains 5.7 acres. LYNNHAVEN BOROUGH. The following condition shall be required: 1. The dock is not to be used after 11:00 P.M. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth Januar , Nineteen Hundred and Ninety-One. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Fentress Council Members Absent: None Vice Mayor Fentress ABSTAINED as his brother is President of Cavalier Golf and Yacht Club - 33 - Item V-K.I.f PUBLIC HEARING PLANNING ITEM # 33939 Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the appl lcant Upon motion by Counci I woman Parker, seconded by Councl I man Sessoms, City Council DEFERRED INDEFINITELY, in accordance with City Council policy and until ADOPTION of the COMPREHENSIVE PLAN, Ordinances upon application of INDIAN RIVER PLANTATION, INC. for Conditlonal Zoning Classifications and a Conditional Use Permit: CRDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CHANGE OF ZONING DISIRICT CLASSIFICATION FROM AG-1 TO R-10 Ordinance upon application of Indian River Plantation, Inc. for a Conditional Zoning Classification froin AG-1 Agricultural Di strict to R-10 Residential District on the following parcels: Parcel 1: Located 720 feet more or less north of indi;n-River Road beginning at a point 5600 feet more or less west of West Nerk Road. Parcel 2: Located 700 feet more or less north of Indian R.lver Road beginning at a point 4200 feet more or less west of West Neck Road. Parcel 3: Located 640 feet more or less north of Indian Viver Road beginning at a point 3040 feet more or less west of West Neck Road. Parcel 4: Located 840 feet more or less north of Indian River Koaa Deginning at a point 640 feet more or less west of West Neck Road. Said parcels contain 56.1 acres. More detailed Information is available in the Department of Planning. PRINCESS ANNE BCROUGH. A N D, CRDINANCE UPON APPLICATION OF INDIAN R I VER PLANTATION, INC. FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-1 TO R-15 Ordinance upon applicatlon of Indian River Plantation, Inc. for a Conditional Zoning Classification from AG-1 Agricultural District to R-15 Residential District on the following parcels-. Parcel 1: Located 660 feet more or less north of Indian River Koaa Deginning at a point 740 feet more or less west of West Neck Road. Parcel 2: Located 1360 feet more or less north of Indian River Koaa Deginning at a point 3850 feet more or less west of West Neck Road. Parcel 3-. Located 1920 feet more or less north of Indian River Koaa oeginning at a point 5540 feet more or less west of West Neck Road. Said parcels contains 82.1 acres. More detailed Information Is available in the Department of Planning. PRINCESS ANNE BCROUGH. A N D, - 34 - Item V-K.l.f. PUBLIC HEARING PLANNING ITEM # 33939 (Continued) ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CONDITIONAL ZONING CLASSIFICATION FROM AC-1 TO R-20 Ordinance upon application of Indian River Plantation, Inc. for a Change of Zoning District Classification from AG-1 Agricultural District to R-20 Residential District on the following parcels: Parcel 1: Located 700 feet more or less north of Indian River Road beginning at a point 1140 feet more or less west of West Neck Road. Parcel 2: Located 1200 feet more or less north of Indian River Road beginning at a point 9900 feet more or less west of West Neck Road. Parcel 3: Located 4000 feet more or less north of Indian River Road beginning at a point 700 feet more or less west of West Neck Road. Parcel 4: Located 1900 feet more or less north of Indian River Road beginning at a point 4800 feet more or less west of West Neck Road. Parcel 5: Located 2300 feet more or less north of Indian River Road beginning at a point 3650 feet more or less west of West Neck Road. Parcel 6: Located 1400 feet more or less north of Indian River Road beginning at a point 3700 feet more or less west of West Neck Road. Said parcel contains 101.9 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDTNANCE UPON APPLTCATTON OF INDIAN RIVER PLANTATION, INC. FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 TO R-10 Ordinance upon application of Indian River Plantation, Inc. for a Change of Zoning District Classification from AG-2 Agricultural District to R-10 Residential District on the following parcels: Parcel 1: Located on the north side of Indian River Road beginning at a point 5800 feet more or less west of West Neck Road. Parcel 2: Located on the north side of Indian River Road beginning at a point 5200 feet more or less west of West Neck Road. Parcel 3: Located on the north side of Indian River Road beginning at a point 2920 feet more or less west of West Neck Road. Parcel 4: Located on the west side of West Neck Road beginning at a point 800 feet more or less north of Indian River Road. Parcel 5: Located 2940 feet northwest of the interse t@ion of Indian River Road and West Neck Road. Said parcels contains 52.9 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. - 35 - Item V-K.l.f. PUBLIC HEARING PLANNING ITEM # 33939 (Continued) A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CONDTTIONAL ZONING CLASSIFICATION FROM AG-2 TO R-15 Ordinance upon application of Indian River Plantation, Inc. for a Conditional Zoning Classification from AG-2 Agricultural District to R-15 Residential District on the following parcels. Parcel 1: Located on the west side of West Neck Road beginning at a point 4440 feet more or less north of Indian River Road. Parcel 2: Located 300 feet more or less north of Indian River Road beginning at a point 640 feet more or less west of West Neck Road. Said parcels contains 22.8 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CONDTTIONAL ZONING CLASSIFICATION FROM AG-2 TO R-20 Ordinance upon application of Indian River Plantation, Inc., for a Conditional Zoning Classification from AG-2 Agricultural District to R-20 Residential District on the following parcels: Parcel 1: Located 700 feet more or less north of Indian Kiver Road beginning at a point 1140 feet more or less west of West Neck Road. Parcel 2: Located 3340 feet more or less north of Indian River Road beginning at a point 1800 feet more or less west of West Neck Road. Parcel 3: Located 3480 feet more or less north of Indian River Road beginning at a point 240 feet more or less west of West Neck Road. Said parcels contain 14.6 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY FOR AN OUTDOOR NATURE (GOLF COURSE) Ordinance upon application of Indian River Plantation, Inc. for a Conditional Use Permit for a recreational facility of an outdoor nature (golf course) on certain parcels located at the northwest intersection of Indian River Road and West Neck Road. Said parcels contain 203.6 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. - 36 - Item V-K.l.t. PUBLIC HEARING PLANNING ITEM # 33939 (Continued) Voting: 11-0 Councl I Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Councl I Mernbers Absent-. None Councilwoman McClanan DISCLOSED ownership of adjacent property. - 37 - Item V-L. 1. APPOINTMENTS ITEM # 33940 Mayor Oberndorf APPOINTED: Councilman Robert W. Clyburn LOCAL E14ERGENCY PLANNING C" ITTEE (Sara Representation Legislation) - 38 - Item V-M. 1. NEW BUSINESS ITEM # 33941 The following spoke in SUPPORT of "SHARE-A-RIDE" legislation: John Langlois, spoke relative the merits of "Share-A-Ride" which is permissive legislation which would permit non-public educational facilities to contract transportaion on public school buses. Information describing this concept was distributed to City Council and is hereby made a part of the record. The Hispanic Commuity is supportive of this measure. Attorney Martin Thomas, Decker and Thomas Law Firm Sister Mirian Cotton, Principal St. Gregory Dr. S. John Davis, Interim Superintendent of Virginia Beach Schools, advised the School Board is OPPOSED in principle but not in practice. The School Board will be able to cost-out the exact cost for the buses, including insurance, depreciation, et cetera. Dr. Fred Benham advised if the cost of vehicles is to be recovered, the buses would be contracted on pro-rated costs. The Honorable Senator Moody (Sonny) Stallings spoke relative this legislation. Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City Council ADOPTED: A citizen's Resolution endorsing permissive "SHARE-A-RIDE" legislation (Senate Bill 444, to be amended) to be introduced in the 1991 Virginia General Assembly. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Councilman Sessoms DISCIDSED his children attend Norfolk Academy. A copy of this Disclosure is made a part of the record. RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that: The Virginia Beach City Council endorses the permissive "Share the Ride" legislation to be introduced in the upcoming 1991 Virginia General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of January 1991. Ruth Hodges Smith, /AAE City Clerk - 39 -- Item V-M.2. NEW BUSINESS ITEM # 33942 Upon motion by Councl lwoman McC]anan, seconded by Councl ]man Heischober, City Councl I SCHEDULED RECONSIDMATION tor the City Councl I Session of February 12, 1990, of Condition 5 In the application of TIDEWATER VENTLIRES tor a Conditional Use Permit (JIFFY LUBE) (APPROVED by City Councl I on December 11, 1990.) CRDINANCE UPON APPLICATION OF TIDEWATER LUBE VENTLRES, INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT (JIFFY LL)BE) R012901351 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Tidewater Lube Ventures, Inc., for a Conditional Use Permit for an automobile repair establishment (Jiffy Lube) on the west side of General Booth Boulevard, 350 feet north of Dan Neck Road. The parcel is located at 1557 General Booth Boulevard and contains 18,120.96 square feet. PRINCESS ANNE BCROUGH. 5. The applicant has agreed to negotiate with the adjoining shopping center and attempt to develop a cross access easement. If there Is an access point on General Booth Bo I ane, Session ot uecemder ii, relying on ]nternai acc center, this Is a MUTE Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 40 - item V-M.3- NEW BUSINESS ITEM # 33943 ADD-M Vice Mayor Fentress sponsored Bill Dillon, 1991 Government Relations Chairman Virginia Restaurant Associatlon, P.O. Box 68456, who spoke in OPPOSITION to rates for collection and disposal of solid waste from commercial businesses. Mr. Dillon expressed concern relative the proposed use of a third of this fee. Memorandum ot November 16, 1990, from Linwood Branch to Dean Block, correspondence of Carter M. Turpin, Jr. - President - Virignia Beach Chapter of the VRA, dated January 5, 1991 and letter of Bi I I Di I Ion - 1991 Government Relations Chairman - Virginia Beach Chapter of the VRA, dated January 3, 1991, are herby made a part of the record. - 41 - Item V-M.4. NEW BUSINESS ITEM # 33944 ADD-ON Senator Moody Stallings represented Captain Melvin Eaton, Dr. Bob Danner and his wife, Marilyn and Mrs. Stannis and her son, residents of the West Landing Road Area. Senator Stallings requested RECONSIDERATION of the application of AMERICAN EAGLE COMMUNICATIONS, INC. BY CONSENSUS, City Council took NO ACTION, on SCHEDULING any RECONSIDERATION of the application of AMERICAN EAGLE COMMUNICATIONS, INC. for a Conditional Use Permit for a communications tower. ORDINANCE UPON APPLICATTON OF AMERICAN EAGLE COMMUNICATIONS OF VIRGINIA, INC., FOR A CONDITIONAL USE PERMIT R012901352 Ordinance upon application of American Eagle Communications of Virginia, Inc., a Virginia Corporation, for a Conditional Use Permit for a communications tower 1200 feet south of West Landing Road beginning at a point 1876 feet west of West Neck Road. The parcel is located at 1265 West Landing Road and contains 4 acres. PUNGO BOROUGH. - 42 - Item V-M. 5. NEW BUSINESS ITEM # 33945 Giles Dodd, Assistant City Manager for Administration referenced the INTERIM FINANCIAL STATEMENTS for July 1, 1990 - October 31, 1990 and July 1, 1990 - November 30, 1990, which are hereby made a part of the record. anuar 8 1991 43 - Item V-N. I ADJOLRWENT ITEM # 33946 Upon ffiotion by Counci iman Ba-, and By CONSENSUS, CitY Councl I ADJOLRNED the Meeting at 6:55 P-M- B. e'l 0 Chi.f l)-;@y k c m orf #itthy" Clerk m City of Virginia Beach Virginia