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FEBRUARY 22, 1994 MINUTES it >I- -i 1-@ if I ii I I "WORLD'S LARGEST RESORT CITY" "Ill I IIITIII;- 11,@,, CITY COUNCIL AGENDA FEBRUARY 22, 1994 CITY MANAGER'S BRIEFINGS - Council Chamber - 4:00 PM A. NEW REAL ESTATE ASSESSMENTS Jeraid D. Banagan, City Assessor B. VIRGINIA BEACH OUTDOOR PLAN Robert J. Scott, Director, Planning Susan D. Walston, Director, Parks and Recreation ii. INFORMAL SESSION - Council Chamber - 5:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF C@ COUNCIL C. RECESS TO EXECUTIVE SESSION ill. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Robin E. Wooddell Providence Presbyterian 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. MINUTES 1 . INFORMAL & FORMAL SESSIONS - February 8, 1994 G. MAYOR'S PRESENTATIONS: 1 RESOLUTIONS - NATIONAL FOOTBALL LEAGUE a. DALLAS COWBOYS, National Football Conference Champions and Super Bowl 1994 Champions Bernie Kosar, Quarterback (Dave Meeker) b. BUFFALO BILLS, American Football Conference Champions Maft Darby, Defensive Back Keith Goganious, Linebacker Bruce Smith, Defensive Lineman 2. PROCLAMATLONS - ASSOCIATION OF COURTHOUSE RECREATION CHEERLEADERS SQUAD a. TIGERS, Senior High Division b. WILDCATS, Junior High Division H. ORDINANCES/RESOLUTIONS 1. SCHOOL BONDS: OPTION A - $139,000,000 School Referendum Bonds - includes Tiers 11, Ill and IV. (Has the voters approve all of the additional School Board CIP request, including the Parity/Technology Initiative). OPTION B - $61,400,000 School Referendum Bonds - includes Tiers 11 and Ill. (Has the voters decide whether to fund the additional school CIP request without the Parity/Technology Initiative). This option would require either an additional 4.4 cents real estate tax increase if the tax increase is effective July 1, 1994, or 4.7 cents real estate tax increase if the tax increase is effective July 1 , 1 995. (Sponsored by Council Member John D. Moss) OPTION C - $77,600,000 School Referendum Bonds - Includes Tier [V only. (The Parity/Technology Initiative only). a. Ordinance to authorize issuance of General Obligation School Bonds of the City of Virginia Beach, Virginia, not to exceed $-___ subject to the approval of the qualified voters. b. Ordinance to request the Circuit Court to order an Election re the issuance of General Obligation School Bonds of the City of Virginia Beach, Virginia, not to exceed C. Resolution to approve The Question to be placed on the May 3, 1994, ballot re School Bond Referendum. (Sponsored by Council Member John D. Moss) 2. Resolution to approve issuance of Revenue Refunding Bonds by the Development Authority to Marian Manor, Inc. in an amount not to exceed $9,000,000 to REFUND bonds previously issued by the Authority in 1988 to finance the acquisition, construction and equipping of a residential facility for the aged at 5345 Marian Lane; and, finance certain improvements to the facility, pursuant to Section 15.1-1378.1 of the Code of Virginia of 1950, as amended, with respect to the issuance of the Bonds. 3. Resolution to recognize the U.S. Senate Productivity and Ouality Award for the Virginia Beach Site Visit on February 25, 1994, and affirming the City of Virginia Beach's commitment to quality and productivity. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1 . Ordinance to AMEND and REORDAIN Section 35-64 of the Code of the City of Virginia Beach, Virginia, re exemption, deferral or freeze of real estate tax for olderly and disabled persons. 2. Ordinance to ACCEPT and APPROPRIATE $1,000,000 from the United States Department of Housing and Urban Development (HUD) (Section 108 loan funds) to the Department of Housing and Neighborhood Preservation re housing improvement activities in Seatack, Atlantic Park and Queen City. 3. Ordinance to ACCEPT and APPROPRIATE $60,000 HOME program funds from the State Department of Housing and Community Development re local housing rehabilitation program ftinds. 4. Ordinance to TRANSFER $123,000 from CIP Project 2-134 Flanagan's Lane to Courthouse Loop-Phase I (CIP 2-078) re increased site acquisition, construction of a four-lane highway from Princess Anne Road (Ferrell Parkway) South (2000 feet) and utility relocation costs. 5. Ordinance to authorize a temporary encroachment into a portion of the rights-of-way of North Landing Road, Blackwater Road and Princess Anne Road to Virginia Dare Soil and Water Conservation District re erection of one single-sided and two double- sided identification signs. 6. Ordinance authorizing license refunds in the amount of $3,572.71. 7. Ordinance authorizing tax refunds in the amount of $2,210.37. J. PUBUC HEARING 1. PLANNING a. Application of GRAYSON M. WHITEHURST, JR. for a Conditional Use Permit for a t a fill on the East side of Oceana Boulevard, 1000 feet more or less South of Norfolk & Southern Railroad right-of-way, containing 45 acres (LYNNFiAVEN BOROUGH). Deferred: January 11. 1994 Recommendation: APPROVAL b. Application of ST. GREGORY THE GREAT CHURCH for a Conditoonal Use Permit for a on the South side of Virginia Beach Boulevard, West of Clearfield Avenue (5345 Virginia Beach Boulevard), containing 16.3 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL C. Application of CHESAPEAKE BAY ACADEMY for a Conditional Use Permit for a c on the West side of Baker Road, North of Lake Edward Drive (715 Baker Road), containing 4 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL d. Application of OLYMPIA DEVELOPMENT CORPORATION for a Conditional Use Permit for an eatina establ'shment (Deli) on the South side of Cleveland Street at its Eastern terminus (5701 Cleveland Street), containing 4.9046 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL e. Application of TIDEWATER IMPORTS INC., T/A HALL HONDA for a Condit'onal Use Permit for motor vehicle sales at the Northeast corner of Virginia Beach Boulevard and Malibu Drive (3516 Virginia Beach Boulevard), containing 7.371 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL f. Application of JAMES S. CONWAY for a Qbanae of Zonina District Class'fication from A-1 2 Apartment District to B-2 Community Business District 240 feet North of Virginia Beach Boulevard beginning at a point 496.34 feet West of North Witchduck Road, containing 1.1 13 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL 9. Applications of MARIAN MANOR, INC. 1460 feet more or less South of Virginia Beach Boulevard, 350 feet West of Clearfield Avenue (5345 Marian Lane), containing 28,511 square feet (BAYSIDE BOROUGH): (1) ChanQe of Zonina District Classification from 1-1 Liaht Industrial District to - Office istrict (2) Conditional Use Permit for a home for the aaed (eXDansion for an actiyo @ter Recommendation: APPROVE BOTH APPLICATIONS h. Application of SEVELLA WHITEHURST KING, WILLIE MASON, VERNON MASONandVOIGHTWHITEHURSTforaChanae of Zoning DistrictClassification from R-1 5 Residential Di@trict to R-1 0 Residential District at the Northeast corner of Reedtown Road and Mason Street, containing 2.42 acres (BAYSIDE BOROUGH) Recommendation: APPROVAL i. RECONSIDERATION OF PROFFERS in the May 12,1992, approved Application of PLEASANT ACRES, LTD, and recorded agreement for changes of zoning at 2653 Holland Road (PRINCESS ANNE BOROUGH) Recommendation: APPROVAL K. APPOINTMENTS AIRPORT AUTHORITY CHESAPEAKE ASAP POLICY BOARD HUMAN RIGHTS COMMISSION PLANNING COUNCIL RESORT AREA ADVISORY COMMISSION Resignation L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT SCHEDULE TO REVIEW PROPOSED FY 1994-1995 OPERATING BUDGET/CIP Presentation: March 31 Noon Special Formal Session Operating Thursday Budget & CIP City Council Chamber Workshop: Budget April 5 10AM-Noon CIP Tuesday 5PM-7PM Workshop: Budget April 12 10AM-Noon CIP Tuesday 5PM-7PM Public Hrng: Budget April 14 7PM-8PM Special Formal Session CIP Thursday 8PM-9PM Pavilion Theater Workshop: Budget April 19 9AM-11AM Special Workshop CIP Tuesday l1AM- IPM City Council Chamber Workshop: Budget April 26 Noon- 2PM CIP Tuesday 2PM- 4PM Public Hrng: Budget April 26 6PM- 7PM Regular Council Session CIP Tuesday 7PM- 8PM City Council Chamber Roconciliation May 5 Noon- 2PM City Council Chamber Workshop: Budget Thursday 2PM- 4PM & CIP Appropriation Ordncs: May 10 Budget & CIP Tuesday 2PM City Council Chamber COUNCILMANIC ELECTIONS TUESDAY MAY 3,1994 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 2-11 7/94cmd (TDD - Telephonic Device for the Deaf) AGENDA\2-11-94.PLN t-,1/2- -C @ -- -1 @ 1- -i @IILIIMD SESSO.S B. GR@EN@.@ @@:1 'ICE AYOR I'@GINI@ BE @rl "@G Febj-uary 22. 1994 Mrs. Ruth Hodges Sinith, ('M(@/AAE City Clerk's Office Municipal Center Virginia Beach, Virginia 23456 Re: Conflict ot'liiterests Act Dear Mrs. Smith: In accordance witli iiiy letter to you dated ALigUst 10, 1993, 1 have thoroughly reviewed the agenda for the February 22, 1994, iiieetin Of City COLincil for the purpose of identifying any matters in wliich I inight have aii actual or potential conflict under the Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, there are no inatters on the agenda iii which I have a "personal interest," as defined in the Act, either ijidividually or in iily capacity as an officer of Central Fidelity Bank. Accordingly, I respectflilly request that YOLT reCOFd tfiis letter in the official records of the Couiicil. Thank you for yotii- assistaiice and cooper@itioii iii t[iis iiiattei-. Very ti-tily yotii-s, 0,11 j i-. Vice Mayor WDS,Jr./dmc M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach Virgii)ia I,'ebruary 22, 1994 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS to the VIRGINL4 BF-4CH CITY COUNCIL in the Coullcil Chamber, City Hall Building, ()n Tuesday, February 22, 1994, at 4:00 P.M. Council Members Present.- Linwood 0 Branch, III, Robert W. Clyburn, Robert K Deatt, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K I'arker and rice Mayor William 1). Sessomv, Jr. Council Members Absent: John A. Baum JENTP@RFI): 4:40 11. M, James W. Brazier, Jr. [FN7FRI@,I) 4: 1 0 P M. Paul J. Lanteigne 4: 1 0 P, M. rice Mayor Sessoms, being a Corlvrate Officer of Central Fidelity Bank, disclosed there were no Matters on the agenda in which he has a '@ersonal interest", as defirted iti the Act, either individually or in his capacity as an officer of Central Fidelity Bank. The rice Mayor regularly files this Disclosure with the City Clerk as he may or may not know of the Bank's interest in atty application that may come before City CounciL Vice Mayor Sessoms' I(,tier of February 22, 1994, is hereby triade a part of the record. - 2 - CITY MANAGER'S BRIEFING NEW REAL ESTATE ASSESSMENTS 4:00 PM. ITEM # 37734 Jeraid D. Banagan, City Assessor, advised 1995 assessments are projected to be $16.9-MILLION representing a 1.3% increase over the current assessment. Each penny of the tax rate relates to $1,690,000 in revenue for a total of $192,700,000 at the curreni rate of $1.14. Mr. Banagan distributed copies of his report, which are hereby made a part of the record. A chart, on page 2, depicts the percent of increase in the tax base from 1985 to the present. New construction for the past year amounted to $215,800,000, which is an increase of 4.5% from the previous year. Ilage 4 illustrates Percent of Change in Assessments. 7he average assessment change for individual properties was approximately 0.52%. 7he overall median was 00/c, 'half of the properties did not receive an increase i.ii assessment. Overall Mean Change Overall Median Residentid 0.4001@ Residential 0% Apartment 2.66% Apartment 3.8% Commercial 0.49% Commerciall 0% Industrial Industrial Appro.ximately 23% of the properties decreased in assessment, with 39% not changing al all. 38% of properties had a slight increase. 90% of the properties had an iticrease of less than 49,0. A chart reflecting Residential Housing Stock was depicted on page 7. Townhouses dropped fi-om 16.2% to 16.1%. High rise condominiums dropped from a 1.5% to 1.4%. Low rise condominiums increased slightly fi-om 8.9% to 9.101.. Ihere are 116,850 residential units itt the City plus 25,260 apartment units. 7he mean assessment for single family homes is $118,300 which has increased by $1,600. The mean assessment on townhouses, high rise and low rise condontiniums dropped $700, $800 and $600 respectively. Overall, on all houses combined, the mean assessnietit rose $800 to $106,500. Last year 11% of the townhouses were assessed less than $50,000 and this has increased to 1401., which indicates a drop in value for that category. Relative low rise condonziniunis, last year 13% of them were assessed less than $50,000 and this has increaved to 23% this year. Pages 10, 11 and 12 of the report reflect various categories of prt)perty and the percent and dollar amount of change from the previous year. General commercial properties last year were 11.9clo of the tax base which dropped to 11. 701.. Hotels dropped from 2.9% to 2.4%. Office properties stayed the same at 2.6% of the base. Industrial properties dropped from 2.3% to 2.2%. Apartment properties increased slightly fi-om 4.701. to 4.801.. Residential property increased by .5% with townhouses declining slightly from 7.2% to 7.101c. Condominiums declined from 6.3% to 6.2%. Ihe Commercial tax base last year was 19.3% and declined to 18.9%. 7here was a total of $188,926,128 in Residential New Construction with only $26,920,468 in Commercial, Mr. Banagan advised the Change in Property Value by Classificatioll: General Commercial $ -5,286,702 Hotel -19,335,944 Office 2,185,54,i Industrial -21,081,374 Aparttnent 27,314,729 Residential 218,138,091 Townhouse -5,407,327 Condominiwn 72,008,288 Agriculture -7,728,982 February 22, 1994 - 3 - C]TY MANAG ER'S BRIE FIN G NEW RF-4L ESTATE ASSESSMENTS ITEM # 37734 (Continued) Information relative the Land Use Taxadon and Real Estate Tax ExemptionIDeferrallFreeze for Senior Citizens and Disabled Persons was also included. ne Program recipients for the Senior CitLens and Disabled Persons amount to a total of 1,550 with the Amount of Exemption being $1,173,418.69. 7he Perimeters for this exemption are 65 years or older or permanently disabled. 7-he income ceiling is $22,000 for senior citizens and $29,500 for disabled individuals. Assetv, or net worth other their home, must be less than $70,000. Applications must be filed prior to July Ihirlieth. February 22, 1994 - 4 - CITY MANAGER'S BRIEFING 1'7RGINL4 BEACH OUTDOOR PLAN 4.38 P.M. ITEM # 37735 Robert J. ScoU, Director of Planning, advised the rirginia Beach Outdoors Plan is &he first attempt by the City to define in one docwnent its philosophy regarding the plannirig, protection, design, development, financing, construction, management and maintenance of its natural and recreational resources of an outdoor nature. At least three of the initiatives recommerided iii the I'lan are currently underway. Clay Bernick - Environmental Management Coorditialor, aiid Ilarry Frankenfield -Parks Planner, reiterated the five basic networks which set the stage for the development of this Plan: BIKEWAYS AND TRAILS: Develop key litikages to complete a recreation and transportation network. l,irst priorities are: LandstownIPungo Trail. beginning of the eastlwest greenwayltrail corridor adjacent to the Resort Area aild Oceana ' and Shore DrivelLesner BridgeINc)rthamplan Boulevard gr('Cnwayltrail c@orridor. GP,EENWAYS AND SCENIC WATERWAYS: Develop a tiorthlsouth and eastlwest greenways and scenic waterways rietwork. Develop five canoe launchlaccess points during the prop()sed Cll' cycle (through 2000); two accevs points are planned with state alid federal agencies. HERITAGE RESOURCES: Include natura4 cultural and historic areas in the overall Outdoor Plan. Develop j(@int maiiagemeitt pr(@gram for natural areas with state and federal agt,nc-ic@s. PARKS AND GOLF COURSE: The platt outlines the existing inventory and standards for the City-wide park network. 7hiv analysis indicates a major success for the City in development of activ(, recreational amenities and recommends the f()Ilowing: Development of existing City property includirig I'Ublit Workslllighways and Nblic Utilities Continue foci" ()ti the high priority deficit area Joint partnerships with sch()Ols West Neck Creek District Park developmelit Owl Creek I)istri(,t Park development Recreation impr( ementv adjacent to ()cearia PUBLIC BEACH ACCESS: f,ocus on exl)atision and impr()'Vements to Little Island Park (property ()wnership and beac@h replenishment issues need to be resolved). 1roceed with planning and development of a beachlrecreation fa(ilily in the Lesner BridgelSh()re Drive area to include beach parking, restro()m.@, boat launch (I'leasure llouse Creek), trails and handicapped accessibl(- I)oat launch and swimmilig facilities. Mr. Bernick displayed a Map illustrated with gray lines to depict the present bikeways and trails. 7he City obtained approximately $500,000 in funding frotn a Federal grant and this will fund the trail system linking the Landstown Road Area (I'rincess Anne Park) down lo luiigo. Concertiing the Greenways and Scenic Waterways map, the dots itidi(ated different waterway access poitits with gray being existing and the red ones being priorities necessarv to be added in the future. Mr. Frankenfield advised as the population ages and the needs change, passive recreation @ becoming a very critical issue. Clearly one of the most underserved areas in the (,@ity as far as beach access is the Bay front area. February 22, 1994 - 5 - CITY MANAGER'S BRIEFING VIRGINL4 BEACH OUTDOOR PLAN ITEM # 37735 (Continued) Susan Walstor4 Director of Parks and Recreation, summarized the significant findings and recommendations setforth in the Plan: FUNDING PROGRAM FOR IMPLEMENTATION Parks and Recreation CIP Leverage offunds with grants, other rev,ellu(- sour(-es Optimum funding match 60% CII, 40% (,Iher Joint partnerships Current local funding adequate for development of the system ACTION PLAN DEMONSTR4TION PROJECTS Mount Trashmore sustainable improvements West Neck Creek canoe launchlinterpretive area Alton Creek and Carolanne Farms (atioe laun(h areas LandstownII1/2ngo Trail Pecan Cardens Linear Park Francis Land History Park ACQUISITION AND DEVELOPMENT POLICY Standards and guidelines for acquisition Revise subdivision ordinance, adjust reservatioti alternative Allow for administrative approval of dedication alternatives Design guidelines (sustainability, ADA) Acquisition team approach, Parks, and Recreation ifivolved in citywide acquisition and disposal ()f surplus pr()I@er ORGANIZ4TIONAL FRAMEWORK Interdepartmental approach, strong (()ordiriatioll between Planning and Parks, and Recreation Expanded role for Parks, and Recreation Comi?tissioit Allocation of existing staff resources at this ti,7i(!. AWNTAIN CURRENT MAINTENANCE CO's TS Redefined nwintenance requirements More natural and sustainable properties appearance Promote less itilensive maintenanct, materials a@id plantings Fxpand system usitig c-urrent staffziig and futidifig FUTUPE WOPK PROGRAM Integrated and consistent orielitatiorilsigri system Marketingladvertising plan for the Ouldoorv syste-in Update needs analysis Inventory and dispt)sal of existing City prop(,rty Ordinance / Regulation revisions 7he Outdoor Plan Steering Comnzittee consisted ()f.- Clay Bernick l@lanning Departme?il Ray Emerson Parks, and Recreati()n Department Barry Franketifiel(i Parks and Recreation Department Kay Fudala Parks and Recreation Department Calvin Jackson Planning Department Betty Jean Meyer Management and fludget Department Helen Spore Public Information Wice Carol William.1/2 Ilousing and Neighborhood Preservation Department February 22, 1994 - 0 - CONCERNS OF THE MAYOR ITEM # 37"6 Mayor Oberndorf extended appreciation to Sherrill Fvans, Reporter for the rzrginian -PilotILedger Star, relative her article on Emnw Williaim Hairston, a retired teacher, Superintendent of Seatack Seaboard and a great humanitarian, over 90 years young. This was a magnificent tribute to Emma and her accomplishments. 77ie Mayor advised this was one ()f the finest articles ever written. February 22, 1994 - 7 ITEM # 37737 Mayor Meyera E. Oberndorf called to order the INFO SESSION ,f h, 1,7RGINL4 BF-4CH CITY COUNCIL in the Council Chamber, City flall Building, on 7uesday, February 22, 1994, at 5:00 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, James W, Brazier, Jr., Robert W. Clyburn, Robert K Dean, Iouis R Jof)eS, Paul J. Lanteigne, John D. Moss, Mayor Meyera F. Oberndorf, Nancy K Iarker and Mayor William D. @essoms, Jr. Council Members Absent: Non e February 22, 1994 - 8 - ITEM # 3773S May-, Ateyea E. SESSION ob-dorf entertained a otion purs t to Se io to Pe-it C'tY Council to conduct ils EXECUTIV uan ct , 21-344, code of 1,@r@inl-a, - amended, for the following Purpose:E -sideration of or interviews gnm-t, appointinent, dsciplinirig, or resignation empl,,ye- Pursuant to sectin To-u'll: API-intments - Boards, and Co"lllillicn.@,- Airport Authority ChesaPeake Bay A,"P I'll"Y li,,ard Ilu-n Rights connissi,,, Planning Council l'Irginia Beach Crime Task f,orce CON-I alion wi h legal counse (r brie gs b m-b@,-s, C--Itants, or al t 1 ) fin y taff itorneys pertaitling 1() actual or probable "t'gat'on, - Oth- specific legal matter@v requ,s ti the Provisions Of legal advice bY counsel Pu-uant to @Ve, jo 2 Ii g n 1-344(A)(7). To- It- Sch-I @efe-ndum Issues into EXECUT@ SESS7I OC UPOn -tion by lice Mavor SessOms, eonded by Councilman (,'Iyburn, City Council voted to pr eed ON. Voting: 11-0 Council Members voting Aye: John A. Ba-, Linwood 0. Branci4 II,, Jan- W. Brazier. Jr., Robe,, w. ClYburn, Robert K Dean, Louis R. jones, paul J Iatiteigne, John D. MOss, May- Meye- E Oberndorf, Nany K Parker and Vice Mayor William D, Sessom', ir. Council Members Votig Ny: None Council Members Absent.- None Feb-ary 22, 1994 - 9 - FORMAL SESION VIRGINL4 BE4CH CITY COUNCIL February 22, 1994 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City Ilall Building, ori ],Uesday, February 22, 1994, al 6:00 PM. Council Members Present: John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. I'arker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION. Reverend Robin E. Wooddell Providen(@e 1resbyterian Church PLEDGE OF ALLEGIANCE TO February 22, 1994 - 10 - Item X-E.I. CERTIFICATION OF EXECUTIVE SESSION ITEM # 37739 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only publk business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed iti Executive 5ession to which this certi ication 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 (@ity CounciL Voting: 10-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, Robert W. Clyburn, Robert K Dear4 Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf, Nancy K Parker and rice Mayor William D. Scssotm, Jr. Council Members Voting Nay: None Council Members Absent: James W Brazier, Jr. February 22, 1994 CERTIFICA'nON 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 # 37738, Page No. 8, and in accordance with the provisions of T'he Virginia Freedom of Information Act; aDd, WHEREAS: Section 2.1-344. of the Code of VirgiDia requires a certirication by the goveming blody that sueh Executive Session was conducted in confonnity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hCTeby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virgiiiia 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 beard, discussed or considered by Virginia Beach City Council. h Hdgs @,th, CMCI@E City Clerk February 22, 1994 e- MINUTES ITEM 37740 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Ilarker, City Council APPROVED the Minutes of the INFO AND FO SESSIONS of February 8, 1994. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwo()d 0. Branck III, Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John 1). Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and rice Mayor William D. @essoms, Jr. Council Members Voting Nay: None Council Members Absent: James W Brazier, lr. February 2Z 1994 12 - AL4 YOR'S PRESENTATIONS ITEM # 37741 ADD-ON May- Ob-dorf PRESENTED: RESOL UTIONS - NA TIONAL FOO TBALL LF,4 G UE DALL4S COWBOYS National Football Conference Champions & Super Bowl 1994 Champions Bernie Kosar - Quarterback (represented by Dave Meeker) BUFFALO BILLS American Football Conferenc,! Champions Matt Darby - Defensive Back Keith Goganious - Linebacker Bruce Smith - Defensive Lineman February 22, 1994 IN-FAS: the Dallas cmboijf, .1 Ih, FO Otball league, @.n the National Football CO@ference ChamPionship f., th, s@cono c.nsecutive time@ earning th,@ , t'rip t- the 2Uper B,,I; the recent success DE the Ddllas Co.bo@s is du@, j, la -sar, who is a Quart,,b,,k f.r the tuwbousi drafted rGe Part, tc th@ eff,rt, f B,,ni, suPPlemental draft for Cl@v@iana, h, later in the first, ro.nd of the NFC i985 age.t, reuniting hi, it@h his fo,.er co si(ineo n @ith th@ Dallas coubag, as , fr,e 11@G@ codch, Ji@, J.h,,@n. aIds business.a,, owning PiGht ArbB', R,,taur,nt s 5-ccess -@ the gli6i,@n bates bach to his cs i@ the ca,l@ So, @@@ is highlighted bg being rang, B.wi, 110 ll,llin, lead the lfurricanes to a he as Z@am All-Ame,ica@ anO As a Dallas Cowboms, Quarte,ba,k he has contribut,O to t'he damination c th,-'Nati@,n,l F@othall C@nfere@r, [he Cit@ -f Virginia Be@,h i, @e,y p,,@6 t@ achievements and, 'Pt-g@i-C nl ppi,@o hi. f-' his 0-t@tan0i.g his Pe,forman,e in the 1994 $up@r Bo.1 C,,,. K-, U@ORE, BE tt that ti@' Citg C-uncil of L-he Cit@ f Vil,ini, Beacti recogniaes ano dPPlauds Bernle Kosar for his m@n@ -utstanding achie"menls in th, N,ti,,al To.tball league culminating, rrwst recentlj, in his significant cont,lbutic, -,- ath, D,I',as cowbogs' Na@ional Football Conference an6 th@ $.p,r B-1 '94 Chaspionship. Giv@n nbe, ur han0s a@O le,l, t@:, Ifi,nb,,6 @no Nin,t,- Four. John A. Baw lin.cod 0. Ja-e@ [u. R,,bert ID. Robert I(. Dean [.Uis R. i.n,, Paul J. ca@L-eig@e D. rr,,,Ss Nan@ K. Parker Mcge,a E. U). P. 3@,so.s, Magar )ic, Maqo, @he ftffalc Bills, of the National Football Ecague, wan the Anerican Football Conference Championship for an npr@c@0@nL,@0 f otirth cons@c.ti@, Lim,, car@i@g the. an equallu unprecedenteO fourth consecutiuc trip to the $t,per Of@: I)irginia Beach resi0ent, Mit-t Do,bg, ho i, B,,k [,, @he Bills, Orafteo bq thcm in the fifth rou@@@ of th, NTE 1992 )raft; IX@ A I)irginia Beach natiue, Matt DarbU's success @,n t-h@ @l,ioiran Oates back to his 6ags as a pla@er for Creen Run lfigh $ch,,ol anO, latcr, for UCIA, anO is highlighteo b,3 his receipt of Consesus Fi,st Zeam b8 U$A toda@, Pa,a0e, @.per Prep, anO $porting New,, as well as four-time $tat, Champi.n in the t,ipl, J -P, , KOO@C All-American l(onars Fir,t Zeam an@ AII-Pac 10 Pl@qe, i@ hi, %@nior yea, it UCCA As a Buffalo Bills' Del@@si@e @ck he has c.@t,ib.t@e iq,ificantig t. @he BIII'@ rece,,t domination of the Footb,,Il conferc,,,V; l@0, Ehe titu of Uirgini@ B,ach is ,rU prouo t,, t,e abi, t@, claim Matb Darb@ as one of its o.n, and wishes t. a,,O appla.@) l,im (,,, @i, .@tstandi@c achieuement@ i@ P,afessional Football. NON, @olte, BE It R@: tl,at the Cit@ C.uncil ,f the fit@j f Uirginia Beach recognizes ano applauds ltatt Darbg for hi, .@@U @,@tsta@ding achieveme@ts in the Natio@al Football @ague @ulminating, most @-ntl,3, i. hi, @.ntrib,,ti.@ t-,, tl,, Bills' American Fo.tb@ll C.nference Championship. uno@r ou, han0s anO ii,i, ... nO Itundreo 'Ino Ninct@- Four. John A. Ba= finwoub 0. U). B,@,i,,, Jr R@bert [D. CI,3burn Robert K. Dean Couis B. J.@,, P@ul I. Cint,ign@ Jo@,, D. Muss Nancu K. Pa,ker Mc8era E. Obe,nOo,f iL. D. qe@@.ms, ]r. MaBo, mag., lttfiiattttilatt [he Suffala Bills, ot th, National football Ceag.e, won the A.@,ican Football Conference Championship [or a., .@p,ecebente@ fourth @o@se,uti@, arninki them @n equallu unprecedented f... th trip to tt,c '$.pe, B@.1; Uirginia Beach resiO@@t, Keith Cogania.s, is a Ein,ba,ke, f., the Bills, drafte6 bU the. i@ the thiro ru.nd of th, 1992 Or@ft; U@: A I)irginia Beach nalive, K,ith Caga@ious's s.c@ess n th@ Oates back to his dags as a foutbaII plager fa, rreen Run l(iqh Icbcal anO was highl[Ghted b@ his receipt af the All- A.merican ltaners recagnition (;ive@ bg UA Eo6al3 anO icholasti@ Coach; anO, he as han.@b as All-Am,ric@@ 11.@arable m,ntion hil, a @,ni.r @t Penn As a BuFfala Bills' Li@ebacker, he has cont,lbuteo significantl@ t. the Bill's ecent Oamination of the A.@,ican Football tonfe,,nce; an@ iOl@: Zhe CitU of I)irqinia Beach is uer,3 proub to b@ abl@ to claim Keitb Coganious as ane af its own, and wishes to recogni" a@0 applauo him for hi, ,utstanOing achievements in prefessi.nal football. NOR, @ME, BE It @: that tl,e Citg Coun,il of th, Cit@ of L)irl3inia fleach recogniats an6 applauds Keith Caganious for t,is @anq outstanaing achieveme@ts in th@ National Football feagu@, culminating, most recentl4, i,, hi, signif ica@t c,,nt,lbuti.@ lo 1-t,, B@ffalo Bills' American Football Conf@rence Championship. Giuen unber our h@nos an,) tt,is T.,ntj-@conO )@li @f C) Ninet,,n l(@n6r , ano F.U,. John A. Da- Ein.0.0 B.... I,, III j@,@, [D. J,. Rabe,t M. cluburn Rohert K. Dean Couis R. P@,@l J. Ca,,teign, John 0. Moss Nancli K. Parke, Me8era E. D- J,. ma,3., Llic, MaBo, [he Buffala Bills, of tile National Football E,,g,C, LIle @,,jlan football C,,r ...... ChamPignshiP fcl a@ @nplec'O,nt,O Fourth cons Lhtm u@precede.teb foulth t'lip ta th@ $.P,r Im@: Zhe recent su,cess of the Buffal, Bills is 0. native and I)irgini, Bea@h B@uce ;a lacul P@lt, to th, efforts of Norfolk greattst Defe.siuc Li mith, ho i' b4 man@ t. be th@ -eman h. has verg p,auea Ll@, ga.,; Bruce $mith', suc@ ess "I t@ll U)ashington Iii h chool @he OutlanO 'Er.ph@r Bi no kle9, z as the most ng -% d@@l is highlightea b@ hi . ...... t, @, utstanDing in OIIZge football @hil, plagi@g at I)i@ginia Cech, his selection, In 1985, as t,lle N,,. I NFE draf t pick a,10 AFE R@,okil @f th@ gear, a@0 his selection Lo the Pro B@-1, 'ix ti-cs, incluoi.q bei@g the Pr@, B.wl's Ma@t L)altiabl, PlaBer in 1987, an,) his s,l,,ti,n t. ttle Pro B0.1 in 1994@ As the Buffalo Bills, dll-ti@c $ack lea0er, Bru@c $@ith C.,tin@es L-. intimidate opposing Quarterbacks, thzreby O@tlibuting @ignifica.tl@ tu the BilIs rec@nt domination of th, American Football as well as his t@-Cm,rO.u, ffe,t i@ the $uper Bowl @ame@ ano, @he CitB af I)irginia B,a,t, is @e,@ pr.ud t. b@ abl@ t. @l@im B,uc@ 2.ith as one .[ it, own, a@b wishes to anO applauo f,,, hi, ,,@L,@tanding achiev@ments n P,ofessional F.abball. mom, t]@ORE, BE It @@: t t"! t I'@ C i LU C@l@,,c i ti,, Cit@j .1 L)ir@i,,ia B@a@t, applau0s B@e suibb co@ f,i@ L- t-a n 6 i n g achi,v@.e,t, i@, th@ Nati.n,l F..tball C@ag.,, culminating mdst recentlg, i, ,i, c.nt,lb@,ti.r to tl,,, Bill,' American F.otball Conference @hampionship. C;ive@ un0er . . .h a n 0 s a @0 s c @ I , t 1, q t q ),l f F I 1, N i @ c t, , c,, It. n @@ c 6 a n 6 N i @ e tit - F.Ur. Joh. A. Ba= Cii,wooo Ln. Br,@,@ l@, ill Ja@e, L,. R,,he,t, a). Cl@bu@ R.bert K. Dean fouis R. J,@n,s Pa@@l J. @nt,io@e P. M.'s N@ncU I(. Pa,k@r Mege,a E. [L,. $c,sc.s, J,. ma4., t)i,, MaU@, 13 - MAYOR'S PRESENTATIONS ITEM # 37742 .4DD-oN Mayor Oberndorf PROCLAIMED: FEBR UAR Y 22, 1994 TIGERS CHEERLEADING SOUAD DAY WI L D CA T S C H E E R L E,, D I N (; S Q U A D D A Y 7h-eProclamations recognized the Cheerleading Squadsfrotn theassociation of Courthouse Recreation Center, who attended the International Open Cheerleading Cotnpetition, in Nashville, Tennessee, on December 26-29, 1993. Ihe "Tigers" and the "Wildcats" consisting ofthirly-one girls, two coaches and their manager, were among 5,000 participating in this event. 7he "Tigers" competed in the Senior All- Star Division, placing Ninth out of twenty-one squads; and the "Wildcats" competed in the Junior All- Star Division, placing Seventh out of twenty squady. Coach Cathy Mead and the Cheerleaders ACCEPTED th, ilrocl,,,,,Iions February 22, 1994 .6 riartainatilitt q f ram the Assjciation if Courthouse Zwo Cheer,gading $ uads International Open theerleading Recreation atten6eb the in Nash@ille, TennessPel an December competition, known as LOCC, 26-29, 1993; tlie"TI Prs" anO the "E)il6cats,,, consisting of thirt;3-Line girls, 9 were ar(wng 5,ooo chilbren two ceaches anb their managpr, participating in this event, bringing tolzether talent from across the Natiian; the "tigers" compete6 in the senior All-star Division, plaring Ninth out af twent,2-One squa6s; an6, the "Wiiacats," climpeteb in the Junior All-,Star Division, placin!a quabs; ,%euentb out of twentg s tl3 ralse the =neg needgd for this Zhe girls iui3rked verg haro to provide them this chance trip, with the help of their parents, of a lifgtime, which allowed them the lipportunitg tia megt man,3 neu) frien6s an@ exchange Cheerleabing ibeas- Now, On, 11 MeiAera E. Obern6urf, Magar of the cit@ of Virginia Beach I)irginia, ao hereb@ PROCUM: f B R 11 A R 2 2 9 9 4 C R t E R f E A D I K 6 A D D A in recognition of their success and Hational stanbing as Cheerleaders, serving as Ambassabars for the CitA of I)irginia Beach. is imous , I have hereuntn set m)3 hanb and caused the Official $eal ,af thp Cit1/21/2 at I)irginia Bpach, I)irginia, tci be affi)ce6 this Ewenti;-secand da,2 of Februar,3,Nineteen liundrea anb Ninetg-four- d. orf MaBor ton Cheerlea@ing quad Recreation attendtd $ s Cram th, Assuciation of C,,,,thousc COMP2titiL'n, know, , the International Open Cheerleabing 26-29, 1993; 'OCCI 'n NashuiII8, Cennessee, an De,,,ber @he "@igers" and the "IDil6cats," cjlnsisting of thirtg-]3ne girls, two cflaches an6 th@ir manager, w aml'ng 5,000 chilbren participatinB in this event, er, the Nation; bringing together talent E,,m acrxiss The "Zigers" competed in thg nior All-.$tar Dil)isilin, placing ,$e , Ninth aut of twent@-ane squads; an6, Che "B)il@rats," campeteb ill the Junior All-$tar. Diuision, placing $eventh out or twent@ squads; Che girls workea verb hard to raise the m]3neU needeb for this trip, with the help af their parents, to proviae them this chance of a lifetime, which alluweb them tne a partunitb to meet manb new frienbs an@ exchange theerleading ideasp NON, OU, 1, Mg@era E. Oberndarf, Magor of the Citg of Virginia Beach I)irginia, ba hereb@ PitocCAIN: F E B R it A R 2 2 1 9 9 4 A 3 D C A t $ t ff E E R f; E A D I N 6 S 4 U A D D A in recagnition of their success anb Natianal standing as Cheerleaders, serving as Ambassadors for the CitB af L)irginia Beach. -tN Bl@$ F, I have hereantia set m@ hand anb caused the Offirial $eal of the CitB iif Pirctinia Beach, Virginia, til be affixe6 this Q:WentB-secund 6ag af FebruarB, Nineteen fiundreb and NinetU-Four. d2 M Obandart MaBlir 14 - 0,RDINANCESI,RESOLUTIONS ITEM # 37743 @e following egisteed ,, OPPOSITION.. Lisa Guthrie, esident _ tion A socia i( , 405 1 etr di t buted a Pr Pirginia Beach Educa @v I )ri I ' ell Court, Phone: 4222-6088, s ri copy of h- staletnet7i which is hereby made a p,rt (,f th, re,ord. Lou Pace, 1908 Hunts Neck Court, I'hf)n,. 468-0925 UP- -Otion by Councilman Moss, econded by Councilinati J(,nev, City Coutcit.. Returned the CaPital Improvement Program req,,st t,) the School Board to -vise, refine, reprioritize, include underground storage tanks, and return to City (,@ouncil for further COnSideration r,.: Ordinance to authorize issuatice of General Obli tion School Bonds of the (-'ity of rirgitia Be,ch, rrgi,,ial I'saubjeci to the aPProval of the qualified v()Iers. Ordinance to request the Circuit C()Urt to order an Election re the issuance of Ceneral Obligatio,, @,hool B,)nd., of the City of Virginia Beach, f-irginia. REMOVED FROM AGENDA: R-olution to approve 7he Questioll t,) be placed oii the May 3, 1994, ballOt - School Bo d R fr ndu-. (, portsored I)y (ouncil br John D. Moss) n e in Voting: 11-0 Council Members Voting Aye: John A. Baum, Linw(@od 0. Branch, III, James W. 13razier, Jr., Robert W. Clyburn, Robert K Deat', L-is R. Jollev, Iaul J Lanteigne, John I). Moss, May- Mey-a L. Oberndorf Nan(-y K Parker arid Vice Mayor William D. Sessoms, J,, Council Members Voting Nay: Non e Council Members Absent: Non e Councibn- MOss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of rirginia, his wife is currenIly e-ployed by the City of Virginia Beach School Board as a teacher earning an annual salary in excess of $10,000. Councilman Moss declared he -s able to participate i,, the transaction fairly, Objectively and in the best public interes,t (@ounciltnan Mos@ @ letler @f July 14, 1992, is hereby made a Part of the record. l,'(@bruary 22, 1994 15 - ORDINANCESIRESOLUTIONS ITEM # 37744 UPOn motion by Vice Mayor ;essoms, seconded by C(iuncil Ladv Parker, Ci@ Council ADOPTED: Resolution to recognize the U.S. Senate Productivity and Quality Award for the Virginia Beach Site Visit on February 25, 1994, and af)7rm the CitY of Pi-rginia Beach',y commitment to quality and productivity. Voting: 10-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W. Clyburn, Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K ilarker and rice Mayor William D. Sessoms, Jr. Council Members Voting Nay. None Council Members Absent: Louis R. Jones February 22, 1994 A RESOLUTION RECOGNIZING THE U.S. SENATE PRODUCTIVITY AND QUALITY AWARD FOR VIRGINIA SITE VISIT ON FEBRUARY 25, 1994 AND AFFIRMING THE CITY OF VIRGINIA BEACH'S COMMITMENT TO QUALITY AND PRODUCTIVITY. WHEREAS, the City Council is committed to the principles of quality management throughout the organization and the community; WHEREAS, the City Council recognizes a supportive environment in which excellence may thrive to provide continual improvement in services; WHEREAS, the City Council promotes quality customer service as the business as usual philosophy; WHEREAS, the City Council and top management endorse hundreds of rightsizing and productivity initiatives planned and completed since the forming of the Quality Management Steering Committee in July 1991; WHEREAS, the riqhtsizing and productivity initiatives have received wide local and state recognition when published; WHEREAS, the maturity of quality effort is evident in top management by the current revisions to the Quality manaqement Strategic Plan and the Quality Principles by the Quality and Productivity Team; WHEREAS, as the result of these efforts, managers and employees alike have received training and education in quality management, team facilitation, teamwork, customer relations and service. WHEREAS, a continous process for customer surveys has been encouraged and developed; WHEREAS, citizen participation and involvement in numerous city teams is well documented in the quality initiatives; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach, Virginia: 1. That this council hereby officially endorses and recognizes the basic criteria for the U.S. Senate Productivity and Quality Award for Virginia; 2. That this council directs the City Manager to continue the work of the Quality and Productivity Team and support citywide and cross-departmental quality efforts; 3. That this council encourages a cultural change within the organization aimed at excellent customer service, continuous process improvement, cooperative alliances and the development of a proactive agenda for the community. Adopted by the Council of the City of Virginia Beach, Virginia at a meeting held February -- L994. item iii-L CONSEA7 AGENDA ITEM 37745 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROYED in ONE MOTION item 1, Z 3, 5, 6 and 7 of the CONSENT AGENDA. Item III-L4. way pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: John A. Bawn, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, louis R. Jones, Iaul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf, Nancy K. Parker* and P-tce Mayor William D. Nessoms, Jr. Council Members Voting Nay Non e Council Members Absent: None Council Lady Parker voted a VERBAL NAY on Item III-1.5 ()f the CON,51,,NT AGENDA. February 22, 1994 - 17 - Item Ill-Ll CONSENT AGENDA ITEM # 37746 Upon motion by Vice Mayor 5evsoms, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to AMFND and REORDAIN Section 35-64 of the Code of the City of Virginia Beacli, Virginia, re exemption, deferral or freeze of real estate tax for elderly and disabled pervons. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and rice Mayor William D. @essoms, Jr. Council Members Voting Nay: None Council Members Absent: None February 22, 1994 1 2 AN ORDINANCE TO AMEND AND REORDAIN 3 SECTION 35-64 OF THE CODE OF THE 4 CITY OF VIRGINIA BEACH, VIRGINIA, 5 PERTAINING TO EXEMPTION, DEFERPAL 6 OR FREEZE FOR ELDERLY ANE) DISABLED PERSONS, 7 BE IT ORDAINED By THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 35-64 of the Code of the CitY Of Virginia Beach, 10 Virginia, is hereby amended and reordained to read as follows: 11 Section 35-64. General prerequisites to grant; effect of 12 residency in ho,pital, nursing home, t,. 13 (a) Either the exemption, deferral or freeze, but n,t lore 14 than one, as providecl for in this clivision shall be granted to 15 persons subject to the following provisi()ns: 16 (1) The title t- the prop t f r which e e ptio 17 el: 0 x m n, deferr,ii 01' freez-- ;s is hei@-, or par@.;-,,I,, 18 1 19 held, on June thirtieth immediately preceding the 20 taxable year, by the perso,, c)r persons claiming 21 exemption, defelral or freeze and is Occupied as the sole dwelli,g of such person or persons. 22 (2) The head of th@ household Occupying the dwellinj 23 and owning titl, r partial title thereto or either 24 25 SPOuse in a dwelling joint-Y held by a husband and wife is either permanently and totally disabled or 26 27 -IS Sixty-five (65) years of age or older on June 28 thirtiet@) of the yeir immediately preceding the 9 taxable@ year; provided however, that a dwelling 0 jointly held by a husband and wife may qualify if 1 either spouse is over sixty-five (65) years of age on such date. 2 (3) The total combined income received from all sources 3 during the precedinci -@alend r' year L)y: (i) owner-, 4 Of the dwelling wh, ,, It as their principal 5 residen(-,e and (ii) OWnE,rs' relativ,S who live in 36 the dwelling, shall not exceed twenty-two thousand 37 dollars ($22,000.00); provided that the first five 38 thousand dollars ($5,000.00) of income of each 39 relative, other than l spouse of the owner, or 40 owners, who is living in the dwelling shall not be 41 included in such total and provided further that 42 the first seven thousand five hundred dollars 43 ($7,500.00) or any portion thereof of income 44 received by a permanently and totally disabled 45 owner shall not be included in such total. 46 (4) The net combined financial worth, including 47 equitable interests, as of December thirty-first of 48 the year i.mmediately preceding the taxable year, of 49 the owners, and of the spouse of any owner, 50 excluding the value of tyie dwelling and the land, 51 not exceeding one acre, upon which it is situated, 52 does not exceed seventy thousand dollars 53 ($70,000.00). 54 (5) 'I'he dwelling is occupied. 55 (b) Notwithstandinq subdivision (a) of this section, if a 56 person has air-eady qualified qualifies for an exemption or deferral 57 under this artic.Le, and if the person can prove by clear and 58 convincing evidence that after- se qualif-@,inej the person's physical 59 or mental health has deteriorated ti,'D the point that the only 60 alternative to perrnanently resi(ling iri a hospital, nursing home, 61 convalescent hoine or other facility for- physical or mental care is 62 to have a relative niove in and provide,. (,are for the person, and if 63 a relative does then move in for that purpose, then none of the 64 r-elativels income of the relative or of the relative's spouse shall 65 be counted towards the income limit_@@ovided that the owner of the 66 residence has not transferred assets in excess of $5,000 without 67 adeguate consideration within i three-year period prior to or 68 after the relative moves into such residence. 69 (c) The fact t.hat persons wh,D arE:- otherwise qualified for tax 70 exemption, deferriil or freeze IDursiiant to this division are 2 71 residing in hospitals, nursing homes, convalescent hom,S or other 72 facilities for physical or mental care for extended periods of time 73 shall not be construed to mean that the real estate for which tax 74 exemption, deferral or freeze is sought does not continue to be the 75 sole dwelling of such persons durang suc,h extended periods of other 76 residence, so long as such real estate is not used by or leased to 77 others for consideration. 78 Adopted by the Council of the City of Virginia Beach, Virginia 79 on the day of 1994. 80 CA-5330 81 \ORDIN\PROPOSED\35-064.ORD 82 R-2 83 DATE: OCTOBER 18, @L993 7-@ Ar .$Ui@i i(:1CY i,, CIT@Y 3 CONSENT AGENDA ITEM 37747 Upon motion by Vice Mayor ';ess()ms, seconded by Councilman Clyburn, City Council ADOPTED.- Ordinance toACCEPT andAPPROPRL4TE $1,000,000from the United States Departtnent of liousing and Urban Development (IIUI)) (Section 108 loan funds) to the Department of Housing and Neighborhood Preservation re housing improvement activities in Seatack, Atlantic Park and Queen City Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Obernd()rf, Nan(,y K I'arker and rzce Mayor William D. Sessoms, ir, Council Members Voting Nay: None Council Members Absent: None February 22, 1994 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $1,000,000 FROM THE U. S. DEPARTMENT OF 3 HOUSING AND URBAN DEVELOPMENT 4 WHEREAS, the Department of Housing and Urban Development 5 has approved the City's application for $2,000,000 of Section 108 6 loan funds; 7 WHEREAS, the City desires to use such funds to provide 8 housing rehabilitation funding in the Seatack, Atlantic Park, and 9 Queen City neighborhoods; 10 WHEREAS, on September 7, 1993, the City accepted and 11 appropriated $1,ooo,oOO in loan funds from the Department of 12 Housing and Urban Development and authorized execution f notes for 13 a Section lo8 loan in an amount of $1,000,000; and 14 WHEREAS, an additional $1,000,ooo in loan funds is 15 required in order to meet future needs of housing improvement 16 activities in Seatack, Atlantic Park, and Queen City. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That the additional $1,000,000 in loan funds be accepted 20 and appropriated to the Department of Housing and Neighborhood 21 Preservation; 22 That the City Manager is authorized to execute the 23 section 108 Loan Guarantee Promissory Note(s) totalling $2,000,000 24 and the Contract and related documents for this Section 108 loan; 25 and 26 BE IT FURTHER ORDAINED: 27 That revenues from the Federal government be increased by 28 $1,000,000. 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia, on the - L day of Febt-tiar@ 1994. 31 CA-5497 32 ORDIN\NONCODE\SEC108.ORD 33 R-1 34 PREPARED: 02/16/94 - 19 - Item III-L3 CONSENT AGENDA ITEM # 37748 Upon motion by Vice Mayor Sessoms, seconded by (,@ouncilman Clyburn, City Council ADOPTED: Ordinance to ACCEPT and APPROPRL4 TE $60, 000 HOME program funds from the 5tate Department of Ilousing and Community Development re local housing rehabilitation program funds. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and ric-e Mayor William D. Sessoms, Jr. Council Members Voting Nay. Non e Council Members Absent: None February 22, 1994 I ORDINANCE TO ACCEPR AND APPROPRIATE 2 $60,000 IN LOCAL HOUSING REliABILITATION PROGRAM S 3 WHEREAS the City wishes to expand the supply of decent, safe and affordable 4 rental housing for low income persons; and 5 ANEREAS the state has awarded a grant of $60,000 under the Local Rental 6 Rehabilitation Program for this purpose. 7 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 8 OF VIRGINIA BEACH that $60,000 in local rehabilitation funds be appropriated to the 9 Department of Housing and Neighborhood Preservation; and 10 BE IT FURTHER ORDAINED THAT revenue from the Commonwealth be I Iincreased by $60,000. 12 Adopted by Council of the City of Virginia Beach on the 22nd 1 3day of February 1994. 14 Approved as to Contents: Approved as to Legal Form: 15 16 Andrb@ rector 17 Housing and Neighborhood Preser-vation - 20 - e 4 CONSENT AGENDA ITEM # 37749 UPOn -t'on by P"ce May- @essoms, seconded by ('Ouncilman Lantelgne, CitY Council ADOPTED: Ordi-nce to TR,4NSFER $123,000from CIP 1r(,Ject 2-134 Flanagan's Lane tO Courthouse LOOP-Phase I (CIP 2-078) re increased site acquisition, construction of a four-Jan, highway from Princess Anne Road (Ferrell Parkway) SOuth (2000 fet) and utility relocati()n costs. Councilman Moss advised this proje,t is shown in the AIIPROV1,D (,II' as a completed project with - appropriation amount. Councilnan Moss was not aware of the I()Ial amount appropriated versus the --nt -pended 7he CitY Atto-eY will make a legal determination concerning the appropriation for this project, the legal expenditures to date and whether or o his $ 23 000 represen an a contractual obligation on the n I I I , ts lready part f the City and whether or iiot there was appropriation authority standing behind that obligati(,n whe, made. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W. Clybur?4 Rober' K Dean, L,uis R. Jones, Paul J. Lanteigne, John D. MOSs, MaYor MeY- E Oberndorf Nancy K I'arker and Vice Mayor William D. 5essoms, ir, Council Members Voting Nay: None Council Members Absent: None P'ebruary 22, 1994 AN ORDINANCE TO TRANSFER FUNDS OF $123,000 1 TO PROJECT #2-078 COURTHOUSE LOOP-PHASE 1 2 TO PAY FOR INCREASED SITE ACQUISITION, 3 CONSTRUCTION, AND UTILITY RELOCATION COSTS 4 5 WHEREAS, Project #2 078 Courthouse Loop North-Phase I is for the construction of a four- 6lane divided highway fro- Princess Anne Road (Ferrell Parkway@ south for a distance of approximately 72,000 feet; r.g road around the Municipal Center 8 WHEREAS, this Project is the first phase of an ultimate n 9and provides acc,ss to the new Judicial Center ; 10 WHEREAS, increased acquisition, landscaping, and Virginia Power relocation costs have 11 resulted in aproject shortfall of s 1 23,000; 12 WHEREAS, the additional amount n,eded may be transferred from substantially completed 13 project # 2-1 34 Flanagan's Lane 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 Thatfunds in the amount of $1 23,000 are hereby transferred from project #2-134 Flanagan's 17 Lane to project #2-078 Courthouse Loop-Phase I to pay tor increased acquisition, construction, and utility 18 relocations costs. 19 This ordinance shall be effective on the date of its adoption. 20 Adopted by the Council of the City of Virginia Beach, Virginia on the 22 day of February 1994. 21 APPROVED AO- T,'@) 22 Approved As To Content LEGAL S@FiClEili@ 23 24 t 25 - 21 - Item III-L5. CONSENT AGENDA ITEM # 37750 Julie Bright, District Manager - rlrginia Dare Soil and Water Coriservatioli District, advised they would comply with the City's sign ordinance. Upon motion by Vice Mayor @essona, seconded by Councilman (@lyburn, (@ity Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the rights-of-way of North Landing Road, Blackwater Road and Princess Anne Road to Virginia Dare Soil and Water Conservation District re erection of one single-sided and two double-sided identification signs. 7he following conditions shall be required: 1. 77ie owner agrees to remove the encroachmerit when riotifted by the City of Virginia Beach, al no expense to the City. 2. 77te owner agrees to keep and hold the ('ity free and harmless of any liability as a result of the encroachment. 3. Express written permission of the adjacent property owners shall be obtained by the applicant and include to what exient the sigris may partially encroach on said owners'property. 77iis written lermisviott Yhall be obtained prior to the erecti()n of any sign. 4. Ile applicant shall provide an approved traffic control plan and obtain a permit fi,om the Development ;ervices Center prior to ati-v construction within the City'v right-of-wav. 5. No maintenance or c-onstruction of any eric roachment other than specified and to that limited extent than agreed to by the applicatit. 6 7he owner agrees to maintain said encroa(hment so as not to become unsightly or a hazard. 7 Upon revocation of this Permit, the City may remove the encroachment and charge the cost thereof to the applicant; the City may require the applicant to remove the encroachment and charge part compensation for use of the City's right-of-way encroached upon equivalent to applicable real estate property tax upon the land and impose such penalty as applicable based upon $100 per day for every day the encroachment is allowed to continue. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera F. Oberndorf and Vice Mayor William D. Sessoms, ir. Council Members Voting Nay: Nancy K Parker Council Members Absent: None February 22, 1994 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF THE 4 RIGHTS-OF-WAY OF NORTH 5 LANDING ROAD, BLACKWATER 6 ROAD, AND PRINCESS ANNE 7 ROAD TO VIRGINIA DARE 8 SOIL AND WATER 9 CONSERVATION DISTRICT, 10 ITS HEIRS, ASSIGNS AND 11 SUCCESSORS IN TITLE 12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 That pursuant to the authority and to the extent thereof 15 contained in Section 15.1-893, Code of virginia, 1950, as amended, 16 Virginia Dare Soil and Water Conservation District, its heirs, 17 assigns and successors in title is authorized to construct and 18 maintain a temporary encroachment into the rights-of-way of North 19 Landing Road, Blackwater Road, and Princess Anne Road. 20 That the temporary encroachment herein authorized is for 21 the purpose of constructing and maintaining two double-sided and 22 one single-sided identification signs and that said encroachment 23 shall be constructed and maintained in accordance with the City of 24 Virginia Beach Public Works Department's specifications as to size, 25 alignment and location, and further that such temporary 26 encroachment is more particularly described as follows: 27 An area of encroachment into a 28 portion of the City's rights-of-way 29 known as North Landing Road, 30 Blackwater Road, and Princess Anne 31 Road, on the certain plats entitled: 32 I'VA. DARE SWCD LOCATION PLAT NOT TO 33 SCALE SHEET 1 OF 2 8/93,11 and I'VA. 34 DARE SWCD LOCATION - RENDERING SHEET 35 2 OF 2 NOT TO SCALE", copies of 36 which are on file in the Department 37 of Public@ Works and to which 38 reference is made for a more 39 particular description. 40 PROVIDED, HOWEVER, that the temporary encroachment herein 41 authorized shall terminate upon notice by the City of Virginia 42 Beach to any officer of Virginia Dare Soil and Water Conservation 43 District, its heirs, assiqns and successors in title and that 44 within thirty (30) days aftei- such notice is given, said 45 encroachment shall be removed from the city's rights-of-way of 46 North Landing Road, Blackwater Road, and Princess Anne Road and 4 7 that Virginia DarO 20il and Water Cc)ns(?rvation District, its heirs, 48 assigns and successors in title shall b,ar all costs and exp,ns,s 49 of such removal. 50 AND, PROVIDED FURTHER, that it is ,pressly understood 51 and agreed that Virginia Dare Soil and Water Conservation District, 52 its heirs, assigns and successors in title shall ind,,nify and hold 53 harmless the City of Virginia Beach, its agents and employees from 54 and against all claims, damages, losses and expenses including 55 reasc)nable attorney's fees in case it shall be necessary to file or 56 defend an action arising out Of the location or existence of such 57 encroachment. 58 AND, PROVIDED FURTHER, that the party of the second part 59 agrees to maintain said encroachment so as not to become unsightly 60 or a hazard. 61 AND, PROVIDED FURTHER, that this ordinance shall not be 62 in effect until such time that Virginia Dare Soil and Water 63 Conservation District executes an aqreement with the City of 64 Virginia Beach encompassing the aforementioned provisions. 65 Adopted by the council of the City of Virginia Beach, 66 Virginia, on the day of Febl LliirV 94 19 67 01/13/94 68 CBC/tga 69 VADARE.ORD 2 THIS AGREEMENT, made this day of i 9 A-7- by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the f irst part, and SOIL AND WATER CONSERVATION DISTRICT, a 10cali VIRGINIA DARE i government agency, ITS/HIS/THEIR/HER HEIRS, ASSIGNS AND 11 the second part, GRANTEE. SUCCESSORS IN TITLE, party Of w !L E-S 5--E T Ii: party Of the That, WHEREAS, it is proposed by the i second part to construct and maintain two double-sided and one single-sided identification signs in the CitY Of Virginia Beach; and constructing and maintaining such WHEREAS, in identification signs, it is necessary that the said party Of the f- to a portion of existing city rights-0 second part encroach in way known as North Landing Road, Blackwater Road, and Princess ty of the second part has requested thatI Anne Road; and said par part grant a temporary encroachment to the party Of the f irst ty,s rights-of- facilitate such signs within a portion of the Ci way known as North Landing Road, Blackwater Road, and Princess Anne Road. and in consideration of the NOW, THEREFORE, for nefits accruing or to accrue to the party premises and of the be 'deration of one of the Second part and for the further consi ty of the f irst Dollar ($1.00), in hand paid, to the said par i, hereby acknowledged, the party of the part, receipt of which to the party of the second part a temp<)rary first part doth cjrant NO GPIN - CITY RIGHT OF WAY encroachment to use a portion of the city's rights-of-way known as North Landing Road, Blackwater Road, and Princess Anne Road for the purpose of constructing and maintaininq such identification signs. it is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's rights-of-way known as North Landing Road Blackwater Road, and Princess Anne Road a@ shown on those certain plats entitled: I'VA. DARE SWCD LOCATION PLAT NOT TO SCALE SHEET I OF 2 8/93,11 and I'VA. DARE SWCD LOCATION - RENDERING SHEET 2 OF 2 NOT TO SCALE", copies of which are attached hereto as Exhibit "A", Exhibit "B", and Exhibit "C", and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's aforementioned rights-of-way by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the CitY Of Virginia Beach, its agents and employees, from and ding against all cllims, damages, losses and expenses inclu reasonable atto,ney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part shall obtain the express written permission of the adjacent property owners at the locations specified in the aforesaid exhibits. Said owners shall be informed that the proposed siqns may partially encroach upon their property in order to maintain the distances specified in the aforesaid exhibits. Copies of this permission shall be submitted to the party of the first part prior to any permits being issued for the erection of the proposed signs. 3 it is further expressly understood and agreed that the ic party of the second part must submit and have approved a traff control Plan before commencing work in the City's right-of-way- It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachinent and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, the said Virginia Dare Soil and Water Conservation District has caused this Agreement to be executed by Lyle Pugh, its District Chairman, with due authority of its elected body. Further, that the City of virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. -0 CONTENT CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Nanager (SEAL) ATTEST: City Cl VIRGINIA DARE SOIL AND WATER CONSERVATION DISTRICT, a local government agency By District ChairTnan STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I , a Notary Public in and for the City and State aforesaid, do hereby certify1 that CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement 5 bearing date on th, - day of I 19-, has acknowledged the ,,e before me in mY City and State aforesaid. GIVEN under my hand this day of 19-. 0 ary Public MY COmmission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the- day of 19 -, has acknowledged the same before me in mY City and State aforesaid. GIVEN under mY hand this day of 19 otary Public My COmmission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH. to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that Lyle Pugh, District Chairman, on behalf Of VIRGINIA DARE SOIL AND WATER CONSERVATION DISTRICT, whose name is signed to the 6 foregoing writing, bearing date the day of 199-@, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of lgq3 C(- Notary Public My Commission Expires: gq 7 14 @ov qAl M4 0 A LO Lj@ -i ui ui :r ci 1- 0 -J0 m Lc-) ul 0 -Z ui 14e < C) Jb C) ,b ui -Z uj 'A ui -cy) -cr ,b 7Z 00 ,b CL 1-0 cli Ui Lu + Z! VI) LL, ,d CL - 22 - Item Ill-L6. CONSENT AGENDA ITEM # 37751 Upon motion by Vice Mayor Sessoms, seconded by C()uncilman Lanteigne, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $3,572.71 upon application of certain persons and upon Certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert Y- Dean, Louis R. Jones, Paul J. Lanteigne, John D, Moss, Mayor Meyera I,. Oberndorf Nancy K Parker and flice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None February 22, 1994 .0 C'@ 8 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVEIGUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid A]-Del Enterprises Tnc. 19@) 3 Allii' )8 21,6. C)8 T/A Haircrafters/Edie Adim@ (li@ & -,Irl P.O. Box 8985 Virqinia Beach, VA 23450 Holt, Patti R., President Audi, .1@3 126. (I Holt @inderwriters Inc. 2445 Bayview Avenue I/irqinia Reach, VA 23455 Moody-Johnson, Veroni.ca 1 )-):,-9 Ajdii 11.7( 1142 Masters Row (-hesa@,eake, VA 23320 Cert tied as to Payment I Robert P Vaugha@ -omm,ss oner of We Revenue 4,;D;Droved as to form Lesise'L Lilley ty Attor,)ey This ordinance shall be effective from @ate of adoption. The above abatement(s) totaiing 3-')4 - 7 were approved by the Council Febi )4 of the City of Virginia Beach on the cay of 19 Ruth Hodges Smith City Clerk FOR. .0 C.@ 8 RE, AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVE*JE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Terry, Kathv A. I 93 Aud't T,/A High Shine Prf Hou-@e 3940 Indian River Road Virginia Beach, VA 23456 Thomas, Dorsey, Jr. Audit C) 7 O(, 2 7 . 00 T/A Dorseys Paintinq Coltr,,(-,,, 813 Shields Road NewQort News, VA 23602 Thorp Cons@er Discount CO. P.O. Box 9394 I'@)92 93 Audit '@21.84 921.84 Minneapolis, 14N 55440 Attn: Muriel Devries, Le al :ji@it. Virginia Beach Life Care (-orl. T/A Heritage Hall-virgini 2965 Colonnade Drive S-21)0 o@ Audit 1,928.Hc) Rc,anoke, VA 24018 Cert fied as to Payment Robert P I gla , @, ,f @ Comm ss , R,@e,,@ A@Droved as to form L:es ire L L @ey C tv Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaiing I 24 were api)roved bv the Council Febrii@irv 19 of the City of Virginia Beach on the day of Ruth Hodges Smith City Clerk - 23 - Item III-L 7. CONSENT AGENDA ITEM # 37752 UPon motion by ;-ice Mayor @Sesvoms, seconded by Councilman Lanteigne, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $2,210.37 upon application of certain persons and upon Certification of the City Treasurer. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0 Brancl4 III, James W Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf, Nancy K Parker and Vice Mayor William D. Sessomv, Jr. Council Members Voting Nay: None Council Members Absent: None February 22, 1994 21 1 i 94 EMC ORM N-. C.-. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket E.onera- Date Penalty I nt. Total Year of Tax Number tion No. Paid George W & Jennie Elliott 94 RE(1/2) 34316-:@) 121 3/ 93 28.50 Dimitries Papadopoulos et al 94 RE(1/2) 88964-6 12/5/93 168.01 Leslie I & Terezinha Richmond 94 RE(1/2) 097777-4 12/5/93 52.04 Aldo & Niki Sardot 94 RE(1/2) 102595-@ 12/5/93 14.25 Aldo & Niki Sardot 94 RE(1/2) 102596-' 121 5/ 93 28.50 Harrison E Gassagher 94 RE(1/2) 60017-2 12/5/93 14.25 Principal Mutual Life Ins Co 94 RE(1/2) 104612--@ 12 / 5/ 93 171.00 Edwin C Kellam Jr Trust 94 RE(1/2) 62100-6 11/24/93 14.25 Edwin C Kellam Jr Trust 94 RE(1/2) 62101-5 11/24/93 14.25 Edwin C Kellam Jr Trust 94 RE(1/2) 62 102 - 4 11/24/93 28.50 Edwin C Kellam Jr Trust ';4 RE(1/2) @,2103-3 11/24/93 57.00 Edwin C Kellam Jr Trust c,4 RE(1/2) 62109-7 11/24/93 28.50 Louvenia Wynn @4 RE(1/2) 128144-1 12/5/93 28. 50 Mohamad Yazdi '-4 RE(1/2) i3O791-@, 11/29/93 32 9 .46 Alvis M Oliver @4 RE(1/2) e'8473-6 12/5/93 111.65 Maude B Jones c. 3 RE(1/2) 5 67 2 - 4 12 /4/ 92 33. 49 Martin L & Trudy Waranch c@3 RE(1/2) 122012-6 Ii/12/93 48.93 Martin L & Trudy Waranch RE(2/2) 12"012-t 2 / 3/ 93 48 . 9 3 Steven B & Sydney Leichter RE(1/2) 676'13-5 12/5/92 408.75 Steven B & Sydney Leichter RE ( 21 2 ) e7j-13-5 5"30/93 408.75 E H Lawrence (41 RE(1/2) C,545'-6 L2/5/90 24.15 E H Lawrence (4 1 RE(2/2) 6 54 52- 6 6'5/91 24.15 E H Lawrence RE(1/2' 641@11-1 12/5/89 20 . 32 E H Lawrence RE(2/2) e4311-1 5 /90 20. 32 E H Lawrence 119 RE(1/2)j e3335-8 le'/5/88 5.48 E H Lawrence 14 RE(2/2) e3"3@-8 t@)/5/89 16 . 44 Anna M Hastings N" A Pkng 424307 12/13/93 50.00 Lucy Olheiser (44 Dog '12171 121 9/ 93 2.00 Lucy Olheiser 94 Dog 12172 121 9/ 93 2.00 Ronald Greenwell @4 Dog 9@,77 11111/94 8.00 Total 2,210.37 This ordinance shall be effective from date of adoption. The abo@@,@M!ggnt(s) totaling to payrrent@ were approved by the Council of the City of Virginia Beach on the 22-day of f"cl)llt@ir v 1994 inson, Treasurer to form: Ruth Hodges Smith City Clerk [,,,-,!,e L liev City@,-ney - 24 - Item 111-J. PUBLIC HEARING ITEM # 37753 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on. PLANNING (a) GP,4YSON M. WHITEHURST CONDITIONAL USE PERMIT (b) ST. GREGORY THE GRE4T CHURCH CONDITIONAL USE PERMIT (c) CHES,4PEAKE BAY ACADEMY CONDITIONAL USE PERMIT (d) OLYMPL4 DEVELOPMENT CORPORATION CONDITIONAL USE PERMIT (e) TIDEWATER IMPORTS INC, TIA IL4LL HONDA CONDITIONAL USE PERMIT (f) MARL4N MANOR, INC. CIL4NGE OF ZONING CONDITIONAL USE PERMIT (g) SEVELL4 WHITEHURST KING, WILLIE MASON, CIL4NGE OF ZONING VERNON AL4SON AND VOIGHT WHITEHURST (h) PLEASANT ACRES, LTD. RECONSIDERA77ON OF PROFFERS February 22, 1994 - 25 - Item III-.Ll.a. PUBLIC HFARING ITEM # 37754 PLANNING Attorney Richard K Stell, 219 66th Street, Phone: 428-5824, represetited the applicant John Baillio, 221 66th Street, Ihone: 428-3302 Upon motion by Councibnan Brazier, seconded by Vice Mayor Sessonw, City Council ADOPTED an Ordinance upon application of GR,4YSON M. WHITEHURST, JR., for a Conditional Use Permit: ORDINANCE UPONAPI'LICATION 01, GRAYSON M 9711TEIIURST, JR, FOR A CONDITIONAL USE Pi,,RMI7- ]"OR A BORROW lI7' (landfill) R012941876 BE IT HEREBY ORDAINF.D BY 7711.'COUNCIL OI,@ C17Y OF VIR(,INLI BF-4CH, VIRGINL4 Ordinance upon application of Grayson M. Whilehurst, Jr., for a Conditional Use Permit for a borrow pit (landfill) on certain property located on the east side of Oceana Boulevard, 1000 feet more or less south of Norfolk & Southern Railroad Right-of-way. ,;aid parcel contains 45 acres. LYAINIL4VFN BOI?OU(;IL 7he following conditions, as amended, shall be required: 1. ii pe?77:it fi m,, ihe ;'b-ghsia )jlafe; @t,ii o! A@at d ifi i equit ed t& aYschaige a,ty wafe; fici,. deopair,h,g e, 2. 2!f the iit7.e, of detailed site plai, ievic@v, vvf,iffers tIelifictItiolt fiant the !;j,ty Co;ps of b.gii,eei@ siati)tg tvhethei oi ,ot a pei7fAit is i equh ed, w;d rf so,, thaf ii has be@?t g? a),ted, @vill -bt 3. All conditions proffered by the applicant oii the subtnitted site plan and accompanying documeiits sliall I)e OI)plicable. 4. 7here will be no plan approval or landfill activity permitted on the subject site without the approval of City Inspections. It appears that information needed to perform a final inspection on the pit has not been submitted to the (,'ity. 5. Only inert, non -toxic materials, not to iriclude w(,Y)d or organic materials, shall be deposited on this sit,,. 6 If at any time, the disposal site presentv a potential hazard to aircraft operations, the owner shall take action to correct the situation or terminate operation of the fat ilit@, 7he Ordinance shall be effective in accordance with @ection 107 U) of the Zoning Ordinance. Adopted by the Council of the City of rzrginia Reach, flirgiriia, on the Tweniy-second of Februaa, Nineteen Hundred and Ninety-l,'our. February 22, 1994 - 26 - PUBLIC HEARING ITEM # 37754 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye.- John A. Bawn, Linwood 0. Branck III, James W I@razier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigrie, John D. Moss, Mayor Meyera E. Oberndorf, Ivancy K Iarker and rice Mayor William D. 5evsoms, Jr. Council Members Voting Nay: None Council Members Absent: Non e February 22, 1994 - 27 - Item III-.Ll.b. PUBLIC HFARING ITEM # 37755 PL,4NNING Tom McAndrews, member of the Parish, represented the applicant. Upon motion by Councibnan J()nes, seconded by Vice Mayor Sessoms, City Council ADOPTED the Ordinance upon application of ST. GPXGORY THE GREAT CHURCII for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF Sl-. GREGORY IIIE GRE.4T CHURCH FOR A CONDITIONAL USF Pl,,RMI7' FOR A CIIURCH ADDITION R02941877 BE [THEREBY ORDAINED BY TIIP,' COUNCIL OF 'FIIE CITY 01@' 117R(,INIA BEACII, VIRCINL4 Ordinance upon application of 5t. (;regory the (,reat Church for a Conditional Use Permit for a church addition on the south side of Virginia Beach Boulevard, west of Clearfield Avenue. @aid parcel is located at 5345 Virginia Beach Boulevard aitd (-ontaiiis 16.3 acres. BAYSIDE BOROIJ(I'IL Ihe Ordinance shall be effective in accordance with Section 107 Y) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Firginia, (@ri the Twenty-second of Februaa, Nineteen H14ndred and Ninety-Fc)u-r- Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Ilaul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Ilarker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None February 22, 1994 28 - PUBLIC HEARING ITEM # 37756 PL,4NNING Alan Rashkinc4 Secretary - Chesapeake Bay Academy, 401 Wolfs Neck Trail, represented the applicant Upon motion by Councilman Jones, seconded by Council Lady I'arker, City Couneil ADOPTED an Ordinance upon application of CHESAPEAKE BAY ACADEMY ff)r a (@oriditional Use Per),nit: ORDINANCE UPONAPPLICATION OF CIIESAPFAKE BAYACADEMY FOR A CONDITI(,)NAL USF PERMII' FOR A I'RTVATI,' ,;CHOOL R02941878 BE IT HEREBY ORDAINED BY TIIP COUNCII, OF TIII- CITY OF 117R(,'INIA BFACH, 1,7RCINL4 Ordinance upon applkation of Chesapeake Bay Academy for a Conditional Use Permit f()r a private school ori the west side of Baker Road, north of Lake Edward Drive. ;aid parcel is I()cated al 715 Baker Road and contains 4 acres. BAYSIDE BOROU(;IL 7he Ordinance shall be effective in accordance with 5ection 107 U) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, rzrginia, on the Twenty-second o a Nineteen Hundred and e -l"oui:. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, flaul J. Lanteigtie, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and @ice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None February 22, 1994 - 29 - e d PUBLIC HEARING ITEM # 37756 PLAAINING Patrick Gill Reflections I, Phone: 463-3600, represented the applicant Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of OLYMPL4 DEVELOPMENT CORPOR,4TION for a Conditional Use Permit: ORDINANCL UPON APPLICATION Of,' OLYMIIIA 1)], VELOPMENT CORPOR,4TION FOR A CONDITIONAL U,5E I'PRMII' FOR AN EATING ESTABLISHMENT (DELI) R02941879 BE IT HEREBY ORDAINFI) BY 7HE COUNCII OF TIII,, CIIY OI, VIRCINLI BEACII VIRGINLI Ordinance upon application of Olympia Development Corporation for a Conditional use Permit for an eating establishment (deli) on the south side of Cleveland @ireet at its eastern terminus. @id parcel is located al 5701 Cleveland,;treet and contains 4.9046 acres. I@,IY,';IDE BOROUGH. 77ie Ordinance shall be effective in accordance with Sectiort 707 (t) of the Z()nifig Ordinance. Adopted by the Council of the City of Virginia Bea(-h, lirginia, on the Nineteen Hundred a Nine -Four. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, James W Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Latiteigne, John D. Moss, Mayor Meyera F. Oberndorf, Naticy K. I)arker and Vice Mayor William D. @evsoms, Jr. Council Members Voting Nay: None Council Members Absent: None February 22, 1994 - 30 - e PUBLIC HFARING ITEM # 37757 PLANNING Billy Garrington, 471 Southside Road, represented the applicant Upon motion by Councibnan Brazier, seconded by Vice Mayor @essoms, City Council ADOPTED an Ordi-nce upon application of TIDEWATER IMPORTS INC., TIA HALL HONDA for a Con&tional Use Permit: ORDINANCL UPON APPLICATION OF YIDFWA7ER IMPORYS INC, TIA lblLL HONDA FOR A CONDITIONAL U,';I,, IIFRMI7'FOR MOTOR VEHICLE R02941880 BE IT HEREBY ORDAINFD BY I'IIF COUNCII, OF TII@' (@'I7y Of@@ VIR(,INIA BEACH, VIRGINL4 Ordinanace upon application of Tidewater Imports Itic, TIA ]fall Honda for a Conditional Use Permit for motor vehicle sales al the northeast corner of Virginia Beach Boulevard and Malibu Drive. Said parcel is located al 3516 rtrginia Beach Boulevard aild C-ontairis 7.371 acres. LYNNHAVEN BOROUGII. 7he following conditions shall be required: 1. No outdoor paging system will be allowed 2. Lighting shall be directed inward so as riot to spill over orito adjacent properties. 3. 77ie hours of operation will be frotn 9 AM to 9 IM. 4. No additional servicelrepair areas will I)e coiistructed as a result of this request. 7he Ordinance shall be effective in accordance with Secti()n 107 U) of the Zonifig Ordinance. Adopted by the Council of the City of Virginia Beach, rirginia, on the 7wenty-second of Februaa, Nineteen Hundred and in o@ur. February 22, 1994 - 31 - PUBLIC HEARING ITEM # 37757 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Paul J. Lanteigne, John 1). Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Price Mayor William D, Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Louis R. Jones, ./r. Council Members Absent.- Non e Councilman Jones ABSTAINED as he owns property diagorially across the street. February 22, 1994 32 - PUBLIC HEARING ITEM # 37758 PLANNING Atto-eY R. Edward Bourdon, pembroke One, Fifth 1,7o(,r, hoi,e: 499-8971, represented the applicant UPOn -tion by Councibnan Jones, seconded by rice MaYOr Sessoins, City Council ADOPTED an Ordinance upon application of JAMES S. CONWAY for a Change of Zoning District Classification: ORDINANCE UPON APPLICA 77ON OF JAME,@ @ COARWA Y F, OR A CHANGE OF ZONINC, DISTRICT CIA.@SIFI(,A l'ION FROM A - 12 to B-2 Z02941415 BE IT HEREBY ORDAINED BY THT, COUNCII, OF 7'IITL' CII Y OI,' VIR(,INIA BE11CH IIIRGINIA Ordinance upon application of James S Conway for a Change of Zoning District Classification fi-om A-12 Apartinent District to B-2 Community Business District on certain property located 240 feet north of Vrginia Beach Boulevard beginning al a point 496.34 feet west of North WitchduckRoad 7heproposedzoningclassification changetoB-2isfor commercial land use. 7he Comprehensive Plan recommends use of this parcel for retaillservice use in accordance with other Plan policien. Said parcel contains 1.113 acres. BAYSIDfi' BOI?OU(;Il 7he Ordinance shall be effective in accordance with @ection 107 (O of fhe Zoriing Ordinance. Adopted by the Council of the City of Virginia Beach, rirgiriia, oti the Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl4 III, James W. Brazier, Jr., Robert W Clyburn, Robert Y- Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera F. Oberndorf, Nancy K I'arkcr and Ilice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Non c February 22, 1994 33 - PUBLIC HEARING ITEM # 37759 PLANNING Phyllis Millette, 924 Cardinal Road, Phone: 428-2267, President ()f the Board of Directors of Marian Manor. Upon motion by Councibnan Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED Ordinances upon application of N MANOR, INC. for a (-'halige of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION 01, AL4RIAN 1,L4NOR, INC FOR A CHANGE OF ZONING D15TRICT CI-4,@.5[FICAI'ION FROM I-I 10 0-2 Z02941416 BE IT HEREBY ORDAINED BY TIIP@'COUNCIL OF TIII,,CIIY OF VIRCINIA BFACH, VIRGINLI Ordinance upon application of Marian Manor, Iilc. for a Change of Zoning District Classification from I-I l,ighl Iridustrial District to 0-2 Office District on properly located 1460 feet more or less south of Virginia Beach Boulevard, 350 feet west of Clearfield Avenue. 'Ihe proposed zoning classification change to office is for office land use. Ihe Comprehensive Plan recommends use of this parcel for BusinessIResearch Center al densities that are compatible with single-family use in accordance with other Plan policies. Said parcel is located at 8345 Marian lane and contains 28,511 square feet. IIAYSIDE BOROU(;Il- AND, ORDINANCL UPON APPLICATION Op M41?IAN AMNOR, INC. FOR A CONDITIONAL USE PERMI7' IOR A HOMP FOR IHI, ACED (EXPANSION FOR AN ACTIVI7Y CPNI'FR) R02941881 BE fr HEREBY ORDAINED BYflIE COUNCIL 01,' IHF Cl'fY OF l,7R(,INIA BEACH, VIRGINL4 Ordinance upori application of Marian Manor, Ific- for a Conditional Use Permit for a home for the aged (expansion for an activity center) on property located 1460 feet more or less south of rtrginia Beach Boulevard, 350 feet west of Clearfield Avenue. @aid parcel is located at 5345 Marian Lane and contaiti.@ 28,511 v(luare feet IIAYSIDE BOROUC,H 7-he following conditions shall be required: 1. Interior lot lines will be vacated to ensure that the proposed activity center and the adult home are located ori one parcel. 2. A Stormwater Management Plan will bc required during site plan revit,w. 3. 7he applicant will work with staff during detailed site plait review to identify frees that can be preserved and to outline methods, to protect these trees. February 22, 1994 - 34 - te PUBLIC HEARING ITEM # 37759 (Continued) PLANNING ihese Ordinances shall be effective in accordance with ,;ecti,,,, 107 U) (@f the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, lirginia, on the w n - b a e n EO-u r Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None February 22, 1994 35 - ORDINANCESIRESOLUTIONS ITEM # 37760 phyllis millette, 924 Cardinal Road, Phone: 428-2267, Ilresiderit of tlie Board of Directors of Marian Manor. Upon motion by Councilman Jones, seconded by Vice Mayor 5essom, City Council ADOPTED: Resolution to approve issuance of Revenue Refunding Bonds by the Development Authority to Marian Manor, Iiic. in an amount not to exceed $9,000,000 to REFUND bondv previously i,@su(!d I)y the Authority in 1988 to finance the acquisition, construction and equipping of a residential facility for the aged al 5345 Marian i,aite; and, finance certain improvements to the facility, pursuant to Sectiott 15.1-1378.1 of the Code of Virginia of 1950, as amended, wilh respect to the issuance of the Bonds. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancli, III, James W. lirazier, Jr., I?obert W. Clyburn, Robert K Dean, Louis R. Jones, Iaul J. f,attleigne, John D. Moss, Mayor Meyera E. Oberndorf, Naiicy K. Iarker and @ice Mayor William D. Sessoms, Jr. Council Members Voting Nay None Council Members Absent: None February 22, 1994 1 2 A RESOLUTION APPROVING ISSUANCE OF THE DEVELOPMENT AUTHORITY'S REVENUE 3 MANOR, 4 REFUNDING BONDS FOR MARIAN 5 INC. 6 WHEREAS, the City of Virginia Beach Development Authority 7 (the "Authority") has considered the application of Marian Manor, 8 Inc. ("Marian Manor") requesting the issuance of the AUthority's 9 revenue refunding bonds in an amount estimated at not to exceed 10 $9,00o,ooo (the "Bonds-') to (1) refund bonds previously issued by 11 the Authority in 1988 to finance the acquisition, construction, and 12 equipping of a residential facility for the aged (the "FacilitY") 13 located at 5345 Marian Lane in the City of Virginia Beach, 14 virginia, and (2) finance certain irnprovements to the Facility, and 15 has held a public hearing thereon on February 15, 1994; 16 WHEREAS, the Authority has requested that the city Council 17 (the "Council") of Virginia Beach, Virginia (the "City") approve 18 the issuance of the Bonds to comply with Section 147(b) of the 19 Internal Revenue Code of 1986, as amended (the "Code"); and 20 WHEREAS, a copy of the Authority's resolution approving 21 the issuance of the Bonds, and a reasonably detailed summary Of the 22 comments expressed at the public hearinq, if any, have been filed 23 with the Council; 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 1. The council approves the issuance of the Bonds by 27 the Authority for the benefit of Marian Manor, to the extent of and 28 as required by Section 147(b) of the Code, to permit the Authority 29 to issue bonds for the purposes set forth above. 30 2. The approval of the issuance of the Bonds, as 31 required by Section 147(b) of the Code, does not constitute an 32 endorsement of the Bonds or the creditworthiness of Marian Manor. 33 Pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as 34 amended, the Bonds shall provide that neither the City nor the 3 5 Authc)rity shall be obligated to pay the Bonds or the interest 36 thereon or other costs incident thereto except from the revenues 37 and moneys pledged therefore, and neither the faith or credit nor 38 the taxing power of the commonwealth of Virginia, the city, nor the 39 Authority shall be pledged thereto. 40 3. This Resolution shall take effect immediately upon 41 its adoption. 42 Adopted by the council of the City of virginia Beach, 43 Virginia, on the 21 day of FebiuLirv 1994. 44 CA-5499 45 ORDIN\NONCODE\MARIAN.RES 46 R-1 VE[) AS TO 4 7 PREPARED: 02/16/94 @L S 2 36 - t pUBLJC HEARING ITEM # 37761 PL4NNING Attorney Bill BischOff, 1608 Ray Way, phone: 426-7147, represented the applicant Upon motion by Councilman Jones, seconded by rice Mayor Sessoms, City Council ADOPTED an Ordinance upon application Of SEVELLA WHITEHURST KING, WILLIE MASON, YERNON AFASON AND voIGHT WHITEHURST for a Change of Zotiing District ('Iassification@ ORDINANCE UPON APPIICATION OF 5EVL',IA WHITEIIURS" K[NG, g7LLIE MASON & VOIGHT WHITEIIURSI' FOR A CHANGE OF ZONING I)I@STR[CT Cl-4SSIFICATION L@-ROM R-15 to R-10 Z02941417 I Ty V l L4 BE,4 1,7 L4 BE IT HEREBY ORDAINED BY TI F COUNCIL OF THF CI OF IR(N CH, RGIN Ordinance upon application of Sevella Whitehurst King, Willie Mason, Vernon Mason & Voight taitehurst for a (,hatige of Zoning District Classification from R-15 Residential District to R- 10 Residential District on certain property located at the northeast cor)t(@r of Reedtown Road and Mason Street. ihe proposed zoning classification chatige t() R-10 is for single family residential land use at a density no greater than 3 dwelling units per acre. 7he Co-prehensive Plan recommends use of this parcel for Suburban Low Density Residential at densities that are compatible with single-family use irt accordance with other Plan policies. Said parcel contains 2,42 acres. BAYSII)E BOROU(;H 7his Ordinance shall be effective in accordance with Sectiori 107 (O of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, rirgiiiia, on the fesec nd o Feb-a Nin te n ndre and N@ne @our Voting: 9-2 Council Members Voting Aye: John A. Baum, l,inwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Latiteigne, Joht, D. Moss, Mayor Meyera E. Oberndolf and Vzce Mayor William 1). Sessoms, Jr. Council Members Voting Nay: Robert IC I)ean and Nancy K Parker council Members Absent: None February 22, 1994 37 - PUBLIC HE4RING ITEM # 37762 PLANNING Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the applicant Upon motion by Councibnan Dean, seconded by Vice Mayor @essolm, City Council MODIFIED the PROFFERS in the May 12, 1992, approved Application of PLEASANT ACPES, LTD, and recorded agreement for changes of zoning at 2653 Holland Road (PRIN(.'P,'SS ANNE BOROUGH) ORDINANCE UPON APPLICATION OF I'LEASANI@ ACRE5, LTD., A VIRGINLI CORPORATION AND RIVER WALK DE VEIOPMEN7" INC, A DEI-4WARE CORPORATION, FOR A CONDI7IONAL ZONING CLASSIFICATION FROM AG- I to R- 7 5 Z05921349 Ordinance upon application of Pleasant Acres, Lid., a rlrginia Corporation, and River Walk Development, Inc., a Delaware Corporation, for a Conditiortal Zoning Classification fr(im AG-1 Agricultural District to R-7.5 Resideniial District ()n certairi properly located 600 feet south of IIolland Road beginnitig at a poirit 550 feet more or less west of Christopher Fartns I)rive. ]he proposed zoning classification change is for residential land use. The Coinprehensive Plan recommends use of this parcel for residential development at a density no greater than 3 dwelling units per acre. @id par@,el c ontairis 46.59 acres. PRINCESS ANNI,,BOROUCII A N D, ORDINANCE UPON AI'PLICATION ()I,'],LEA,"NT ACRE@@, LTD., A 117RGINLI CORI'ORA TION AND RIVER WALK DE@LOPML@ N]', INC., A DELAWARE CORPORATION, FOR A CONDITIONAL ZONING CLAS@5IFICATION FROM AG-1 to R- 75 Z05921349 Ordinance upon application of Pleasant Acres, Lid., a Virginia Corporation, and River Walk Development, Inc., a Delaware Corporation, for a Conditional Zoning Classification from AG-1 Agricultural District tf) R-75 Residential District on c'ertain property located 600 feet south of Ilolland Road beginning a point 2200 feet more or less west of Christopher Farms Drive. Ihe proposed zoning classification change is for residential land use. Ihe Comprehensive Plan recommends use of this parcel for residential develol)men t al a density no greater than 3 dwelling units per acre. .5aid parcel contains 3.34 acres. PRINCESS ANNP, BOROU(,H. 77ie proffers shall be modified as follows: 1. 7he total number of dwelling units on the property shall he decreased from 153 to 736 2. Minimum lot size shall be increased from 1-,500 square feet to 10,000 square feet. 3. Property shall be dedicated for the widening of Iloiland Road and the extension of London Bridge Road, as shown on the Preliminary Plan. Appropriate landscaping will be planted adjacent to the above-identified roadways. 4. Tennis courts and passive open space areas shall be substituted in lieu of a community clubhouse. 5. Alnended Proffer agreement shall be recorded with the Clerk of the Circuit (ourt and is hereby made a part of the record. February 22, 1994 - 38 - PUBLIC HEARING ITEM # 37762 ((@otitinued) PL,4NNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl4 III, James W Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Ilaul J. Latiteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None February 22, 1994 CITY OF N'IRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To our File No. CA-3867 DATE: February 15, 1994 TO: Leslie L. Lilley DEPT: City Attorney FROM: Gary L. Fentress@ DEPT: City Attorney RE: Pleasant Acres, Ltd. - Amendment of Proffer Agreement The enclosed Amendment of Proffer Agreement is acceptable as to legal form. In proffer number 2, the applicant has agreed to certain dedications for road improvements. Pursuant to State law, the City cannot accept such dedications unless the proposed improvements have been programmed in the City's 5-year C.I.P. The Agreement provides that if the improvements are not in the 5-year C.I.P. at the time of subdivision recordation, the applicant will enter into an agreement, acceptable to the City Attorney, to assure the dedication of the property at such time as the improvements are included in the 5-year C.I.P. Such provision provides the City with the means to compel dedication at such time as the property is needed. GLF/lmt Enclosure AMENDMENT OF COVENKNTS, RESTRICTIONS AND CONDITIONS PROFFERED TO THE CITY OF VIRGINIA BEACH THIS AMENDMENT OF PROFFER AGREEMENT, made this 3rd day of December, 1993 by and between PLEASANT ACRES, LTD., a Virginia corporation, ("Pleasant Acres") owner of the Property described in the agreement hereinafter mentioned, Grantor and Clark Whitehill Company, a Virginia general par-tnership, ("Clark Whitehill") which has contracted to purchase the Property, Grantor and the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia (the "City"), Grantee. WITNESSETH: That, Whereas, Pleasant Acres and the City have heretofore entered into a certain Proffer Agreement, dated March 23, 1992, and recorded in the City Office of the Clerk of the Circuit Court of the City of virginia Beach, Virginia, in Deed Book 3088, at page 418 (the "Agreement"); and Whereas, Pleasant Acres owns the Property described in said Agreement, except that it has sold a portion thereof to the School Board of the City of Virginia Beach, virginia; -and Whereas, Pleasant Acres has contracted to sell the balance of said Property to Clark Whitehill; and Whereas, both of the Grantors desire that the Agreement be amended in certain respects as hereinafter set forth; and Whereas, the City is in agreement that the Agreement be so amended; Now, Therefore, for and in consideration of the mutual covenants herein set forth, the receipt and sufficiency of which are-hereby acknowledged by the parties, the parties hereto do hereby covenant and agree, and amend the Agreement as follows: 1. Paragraph numbered 2 of the Agreement is changed to read as follows: Development of the Property shall be substantially in accordance with the accompanying preliminary plan entitled "Preliminary subdivision Plan for Christopher Farms Phase III", dated December 1, 1992, and made by Talbot Group, hereinafter the Preliminary Plan. 2. Paragraph numbered 3 of the Agreement is changed to read as follows: Pleasant Acres, at the time of the recording of the approved Subdivision plat, shall dedicate to the Grantee property for the widening of Holland Road and for the extension of London Bridge Road, generally as shown on the Preliminary Plan, to facilitate Grantee's contemplated future improvement of those roads, and, to minimize the effect of the roads upon the remaining residential property, Pleasant Acres shall construct landscaping (category VI) improvements along the lines of the residential lots adjacent to @ndon Bridge Road, and landscaping along the residential lot lines adjacent to Holland Road identical with the landscaping currently in place in Christopher Farms, Phases I and II, along the line of residential lot lines adjacent to Holland Road. As part of these landscaping measures, the existing stand of trees along Holland Road will be preserved and protected to the maximum practical extent, except where crossed by street, canal or other improvements. -2- In the event that the improvements to Holland Road and/ or London Bridge Road are not included in the City's 5 year Capital Improvement Program (CIP) at the time of subdivision recordation, the Grantor will enter into an agreement, in form acceptable to the City Attorney, to assure that the dedications will be made at such time as either or both projects are included in the CIP. Nothing herein shall be construed as preventing the City from accepting these dedications for road widening if, at the time of subdivision approval, the City determines that the need for such dedications is substantially generated by the proposed development. 3. Subparagraphs a and b under paragraph 4 of the Agreement are changed to read as follows: a. Two hard-surfaced, fenced, recjulation tennis courts. b. Three landscaped passive open space areas as shown on the Preliminary Plan. 4. Subparagraph numbered 5b is changed to provide minimum square footage of houses as follows: - 1800 square feet for one-story homes - 2000 square feet for two-story homes - 2100 square feet for single story homes having a finished and heated room over the garage Subparagraphs numbered 5c, 5d and 5e are hereby deleted. 5. A new paragraph numbered 6 is hereby added, providing as follows: i' tion A homeowners assoc a with mandatory membership and assessments for maintenance of common areas, will be formed by the developer of the property, and the association will maintain the common areas. 6. All of the other provisions of the Agreement shall remain in full force and effect other than as mc>dified hereby. -3- WITNESS the following signatures: PLEASANT ACRES, LTD. B Y:' @ 9,/,,rj , @ - @BERT T. TAYLOR,/.PREsIDE T CLARK WHITEHILL COMPANY, a virginia general partnership BY: STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: oregoing instrument was acknowledged before me this i 6Tt;,fay f January, 1994, by Robert T. Taylor, President of Pf@asant icres, Ltd. NOT.kRY PUBLIC My term of office expires: STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this .V.57,V day of January, 1994 by Nancy L. Clark, President of Barry D. Clark, Inc. , general partner of Clark Whitehill Company, a Virginia general partnership. NOTARY PUBLIC My term of office expires: rdg/docs/pleasant -4- 39 - APPOINTMEATS ITEM # 37764 Mayor Oberndorf will submit letter offering three (3) names of choice to. AIRPORT AUTHORITY 77ie lhree (3) names proposed by City Council are: Robert Low Roger Oberndorf Betsy Duke February 22, 1994 - 40 - APPOINTMENTS ITEM # 37765 BY CONSENSUS, City Council RESCHEDULED the followirig APPOINTMENT.- RESORT AREA ADVISORY COMMISSION Febr,uary 22, 1994 - 41 - I- 3 APPOINTMENTS ITEM # 37766 UPOn NOMINATION by Vice Mayor,5essoms, City Council APPOINTED: CHESAPEAKE BAY ASAP POLICY BOARD Paul J. Lanteigne Voting: 11-0 COuncil Members Voting Aye: John A. Baum, Linwood 0 Branck 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf, Nancy K Parker and rice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Non e February 22, 1994 42 - APPOINTMENTS ITEM # 37767 UPon NOMINATION by Vlce Mayor Sessoms, City Council APPOINTED: HUAf 4N RIGHTS COMMISSION Betsy 0. Karotkin Unexpired thru 1131197 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker aitd lli(-e Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None February 22, 1994 43 - APPOINTMENTS ITEM # 37768 UP- NOMINATION by Vice May- Sessoms, City Council REAPPOINTED: PLANNING COUNCIL Robert W. Clyburti One year term 411194-3131195 Voting: 11-0 Council Members Votzng Aye: John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W. Clybur@ Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D, Moss, Mayor Meyera F,. Oberndorf Nancy K I'arker and Vice Mayor William D. Sessotm, Jr. Council Members Voting Nay: Non e Council Members Absent: Non e February 22, 1994 44 - APPOINTMENTS ITEM # 37769 UP- NOMINATION by rlce Mayor,@essolm, ctY Co,,,cil APPOINTED: 1,7RGINL4 BEACH CRIME TASK FORCE Lockett Garnett Representing - Chanther of Commerce Dr. MarceHa F. Whitson Representing PTA Unexpired thru 2128196 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branel4 III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dear4 Louis R. Jones, Paul J Lanteigne, John D. Moss, Mayor Meyera E ()berndorf Nancy K I'arker and rice Mayor William D. .5essomv, Jr Council Members Voting Nay: Non e Council Members Absent: Non e February 22, 1994 45 - APPOINTMEATS ITEM # 37770 UNFINISHED BUSINESS Councibnan Branch read into the record correspondence of February 11. 1994 from Beverly A. Woodhouse, and Rosa Lee Norman, Spokespersons for the Seatack Community Center. 7he Seatack Community requested the City Council postpone the inclusion of a Bond Referendum for the expansion of the @ting Seatack Community Center on the ballot for the May 3, 1994 election. UPon motion by Councilman Brancl?, seconded by Vice Mayor.@ess()mS, City Council: REMOVED from the May 3, 1994, Ball(,t: Seatack Recreation Center Voting: 11-0 Council Members Voting Aye: John A. Bawn, Linwood 0. Brancl4 III, James W. Ilrazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Joncs, I'aul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K I'arker and Vice Mayor William D. Sesvoms, Jr. Council Members Voting Nay: Non e Council Members Absent.- Non e February 22, 1994 - 46 - Item 111-M.I. NEW BUSINESS ITEM # 37771 Mayor Oberndorf referenced a phone call from Lyle Ba of WAVY requesting approval of City Council concerning trading "Goods for Guns". BY CONSENSUS, City Council directed the City Manager to proceed, investigating details eoncerning weapons that are fully automatic or used in an offense, with the plan by lyle Banks and Arch Crittenden under the guidance of Captain Buzzy re "Goods for Guns". February 2Z 1994 - 47 -- Item III-M.2. NEW BUSINESS ITEM # 37772 Councibnan Baum referenced citizens concerns relative circulation of the Council of Civic Organization's petition for reapportionment in the Public Library. (,ouncilman Baum requested clarification relative legality of circulating petitions in public buildings. 7he City Attorney advised there are two areas: traditional pubuc forum and non-traditional pubfic forum. Traditional public forums are streets and sidewalks. Generally those individuals wishing to petition or protest may do so on streets and sidewalks. As to the public buildings, it is almost a case -by- case analysis as to whether the building is a public forum. ]he City Attorney's Office has been able to determine in Virginia Beaci4 that libraries, recreation centers and museums, the buildings theimelves are not traditional public forums for protest or for solicitation of petitions. liowever, each of those buildings can establish an area, in which they do permit petitiotting and protest. lhe libraries have a policy statement as to that issue as do most of the other City buildi)igs. The City Attorney's office is in 4he process now of discussing those various regulations with the martagers of each of the buildings. The CCO has also spoken with the City Attorney's office re their concern of this situation. Marcy Sims, Director of Libraries, spoke with Maury Jacks@on, Council of Civic Organizations, and there was mutual satisfaction that there is an appropriate place al the Library sites for their petition. February 2Z 7994 - 48 - Item III-M.3. NEW BUSINESS ITEM # 377" Councibnan Moss referenced the Billboards al Vista Circle on Shore Drive. Councilman Moss has been approached by citizens and requested the City Attorney reexamine this situation conceming the legality of removing these Billboards. Councibnan Moss will be scheduling a Resolution conceming this situation for a future City Council agenda. February 22, 1994 - 49 - Item III-M.4. NEW BUSINESS ITEM # 37774 Council Lady Parker referenced the Legislative Package and expressed concern relative Delegate Purkey's Bill re change in special district code sections allowing provisions for more timely services and its lir"ge with increment tax financing. Council Lady Parker also referenced the Bill restoring NorfoLk's groundwater rights and the effect on Virginia BeaciL 77te City Manager advised this has a beneficial effect on the City giving Norfolk the ability to pump from their emergency wells on a stoic average basis as opposed to a very artificial imposed basis included in the legislation adopted last year. 77tis iv a corrected measure to allow them to fully utille their emergency wells. Council Lady Parker also expressed concern relative the flashing speed limit sign in front of Princess Anne High SchooL 77ie City Manager advised he will provide copies of the Bills. February 22, 1994 - 50 - Item III-M.5. NEW BUSINESS ITEM # 37775 Council Lady Parker and Mayor Oberndorf referenced Senate Bill No. 449 offered by Senator Stolle. 7he City Manager advised this Bill specifies conditions on the land purchase at Camp Pendieton, i. e., and how the land will be appraised. 7he section on Sandbridge states that if the City agrees to be the local sponsor, $2.8-Million paid for the land at Camp Pendleton by the City would be applied toward the initial nourishment at Sandbridge. Mayor Obemdorf advisedshe and Councilman Clyburn met with Senator,@tolle concerning an explanation of this Senate Bill No. 449 Amendment in the Nature of a Substitute. Ae fundirig for the Marine Science Museum was an entirely separate issue and could not be funded from these funds. Senate Stolle advised on lines 43, 44 and 45 of said Bill he will insert the language thal the improvements be appraised at the municipal use restrictions as opposed to having it appraised al the highest and best use. The City shall create a Specid Service District at Sandbridge to fund the continuing nourishment cost. A 5% transient occupancy tax and 10% surcharge on real estate in Sandbridge was discussed Copies of this Bill will be provided to Members of City CounciL February 22, 1994 - 51 - Item III-M.6, NEW BUSINESS ITEM # 37776 Councilman Branch referenced Bills submitted without City Couricil's knowledge and requested this issue ba addressed relative communication between the City Council and Legislators. February 22, 1994 - 52 - item iii-M. 7 NEW BUSINESS ITEM # 37777 Mayor Oberndorf referenced copy of a letter from Mrs. (;race Paul, which she forwarded to aU Members of City CounciL Mrs. Paul advised disabled veterans are absolved from the requiremerit of purchasing a City DecaL Mrs. Paul advised she was a widow of a naval pilot killed in action and requested that consideration be given to exempting widows who have lost their loved ones to their (-'(,utilry. February 22, 1994 - 53 - Item III-N.I. ADJOURNMENT ITEM # 37778 Mayor Oberndorf DECLA-RED the Meeting ADJOURNED al 8:48 P.M @," @ A@ ------------ ---- Beverly 0. Hooks, CMC Chief Deputy City Clerk - - - - - - - - - - - - - - - - - - - - - - - - - - - - @d@gf@h C Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Irirginia February 22, 1994