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SEPTEMBER 4, 1990 MINUTES "WORLD'S LARGEST RESORT CITY" CIT)(COUNCIL 'WI-@ LO'l.S R. J.1l.S, J. @ll I @Ill@, JR, i,, CITY COUNCIL AGENDA MI'L-I -IE@ SEPTEMBER 4, 1990 ITEM 1. CITY MANAGERIS BRIEFINGS - Conference Room - 12: NOON A. RECYCLING ACTIVITY UPDATE P. Wade Kyle, Administrator, Waste Management B. 1990 CENSUS RESULTS Robert J. Scott, Director, Planning C. CHESAPEAKE BAY PRESERVATION ACT UPDATE H. Clayton Bernick 111, Director, Environmental Management ITEM 11. COUNCIL CONFERENCE SESSION - Conference Roorn - 1:00 PM A. CITY COUNCIL CONCERNS ITEM Ill. L U N C H - Conference Room - 1.15 PM ITEM IV. INFORMAL SESSION - Conference Room - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Donald Staton Chapialn, Virginia Beach Police Department 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 - August 28, 1990 G. RESOLUTION 1. Resolution affirming the Master Street and Highway Plan designation of Princess Anne Road as a controlled access highway. H. CONSENT AGENDA Al I matters I lsted under the Consent Agenda are considered in the ordInary course of business by Cl ty Counci I and wi II b, 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, upon SECOND READING, to APPROPRIATE $12,892,316 for the FY 1990-91 School Cafeteria Enterprise Fund Budget. 2. LOW BID: a. ASPHALT ROADS & 1990-91 Bituminous $516,876.75 MATERIALS CO., INC. Concrete Schedule for Completed Utility Projects Contract 1 3. Ordlnances authorizing tax refunds In the amount of $27,544.72. 4. Ordinance authorizing special tax refund In the amount of $242.00. 5. Ordinances authorizing license refunds In the amount of $5,704.04. 1. PUBLIC HEARING 1. PLANNING a. Ordinance for the discontinuance, closure and abandonment of the following parce OF VIRGINIA BEACH: Parcel 1: Closure of an unimproved 30-foot road beginning 680 feet more or less Northwest of the Western Boundary of James Madison Boulevard and running In a Northwesterly direction f@a dis ance of 395 feet more or less. Parcel 2: Closure of the Western terminus of Courthouse Drive beginning at the Eastern boundary of Parcel I and rning In Southeasterly dlrection a distance of 200 feet more C>r less. Parcel 3: Closure of a portion of Courthouse Drive beginning at the Western boundary of James Ma son Boulevard and running In a Northwesterly direction a distance of 348 feet, more or less, Including an approximate 110 foot x 50-foot portion of Courthouse Drlve which ends at the Southeastern boundary of the property now or formerly owned by Continental Telephone Company. Parcel 4: Closure of a portion of Glebe Road beginning at the Southwestern boundary of Princess nn Road and running In a Southwesterly direction a distance of 638.48 feet more or less. Total: 2.295 Acres (PRINCESS ANNE BOROUGH). Deferred for compliance: April 23, 1990. Recommendation: Parcels 1 and 2 - 180 day extension. Recommendation: Parcels 3 and 4 - FINAL APPROVAL J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED SEPTEMBER 11, 1990 2:00 PM CANCELLED VIRGINIA MUNICIPAL LEAGUE DECEMBER 6, 1990 2:00 PM Reschedule of December 4 NATIONAL LEAGUE OF CITIES (All Sessions of City Council are now held weekly on Tuesday) 9/43/90 Igs M I N U T E S VIRGINIA BEACH CITY COUNCIL Vlrgltila Bencii, Vlrglnla September 4, 1990 The CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on Tuesday, September 4, 1990, at 12:00 NOON Council Members Present: John A. Baum, James W. Brazier, Jr. , Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None - 2 - C I T Y M A N A G E R B R I E F I N C S RECYCLING ACTTVITY UPDATE 12:00 NOON ITEM # 33395 P. Wade Kyle, Administrator - Waste Management, distributed information relative Recycling Activity Update and Recycling Drop-off Centers Implementation Plan. Relative the Drop-off Centers, Mr. Kyle advised three-fourths of the containers were delivered on Friday, August 31, 1990. The markets have been bid. Two firms were within the bid specifications. Sites have been selected that will minimize vandalism and scavenging problems: Recreation Center - Kempsville Recreation Center - Bow Creek (available Nov. 90) Chesapeake Beach Fire station Oceana Fire Station Municipal Complex - adjacent to newspaper bin Birdneck Fire Station Human Resources Building - Social Services 3rd Precinct - Police - Independence Boulevard Sandbridge Fire Station Stumpy Lake Fire Station Green Run Fire Station Mount Trashmore Park Pungo Library and Recreation Center Woodstock Park Pavilion Great Neck Park Blackwater Fire Station Holland Road Office - Waste Management Division Landfill II Association for Research and Enlightment (ARE) 67th Street and Atlantic Avenue A "kick-off" ceremony will be planned at one of the sites in September with media coverage planned through the Public Information Office. Newspaper advertisements will be run on a regular basis and public announcements wili be made on Cable Channel 29. The Southeastern Public Service Authority will be on schedule for continued increase in their door-to-door recycling in the Pembroke Area of 2700 homes. This area commences at Pembroke Mall and then north through Thoroughgood. This system should be in place late this Fall. The mulching facility is on schedule and should be operational by the end of October 1990. Office Paper Recycling will be implemented September 10, 1990, in three buildings in the Municipal Center: Administration Building, Operations Building and the Social Services Building. Concerning a Recycling Coordinator, the City Manager has approved a reclassification of an existing position. Out of 141 applications, eleven (11) have been notified for interview. Hopefully the position will be in place by the end of this month. With regard to the future, markets are the key! Mr. Kyle is working with some major national companies which would like to coordinate with the City regarding recycling. The City of Hampton has contracted out 5,000 homes door-to-door at a price of 57cts per home per week, as compared to SPSA's overall cost of 70cts per home per week. As far as the budget process is concerned, Mr. Kyle is considering recommending in the Fiscal Year 1991-1992 Operating Budget a combination of the drop-off centers and further door-to-door pickup as well as investigating whether this can be performed by the private sector more economically than the City. The next Recycle Saturday will be October 20, 1990. This is a quarterly collection for recyclables sponsored by the Clean Community Commission. - 3 - C I T Y M A N A G E R ' S B R I E F I N G S 1990 CENSUS RESULTS 12:10 P.M. ITEM # 33396 Robert Scott, Director of Planning, advised receipt of preliminary housing unit counts (block by block, street by street) for the City of Virginia Beach and as well as an overall population estimate for the City. According to the aforementioned counts, the City has 146,378 dwelling units and a population of 388,737. The City has until September 17, 1990, to identify those areas for the Census Bureau where the Staff feels discrepancies or inaccuracies exist and to determine whether adjustments in those areas are in order. Mr. Scott believes the count was a bit lower than estimates prepared, but this was expected. Mr. Scott believes there are some areas which need further investigation: (1) Military - additional information pertaining to what was involved in the count; (2) Housing Units - Possibility of some not being counted and, (3) Definitional differences. The Census Bureau identifies the City as having 11,910 vacant housing units and Mr. Scott attributes this to a number of citizens not returning their census forms. The Staff's estimated number of vacant housing units was approximately 7,600. The City Staff will go forward between now and September Seventeenth and emphasize geographically any area of the City where discrepancies might occur, probably the Oceanfront. Mr. Scott has a list from USA TODAY which varies from the list in the NATION'S CITIES WEEKLY. In 1980, Virginia Beach was the Fifty-sixth largest City in the United States and evidently is now the Thirty-sixth. The City is by far the fastest growing City among the top fifty. Some of these cities grew by means other than individuals moving into the City, i.e, annexation and city boundary adjustments. The City has moved ahead and is now larger than a number of important American cities including Atlanta, Albequerque, Minneapolis, Sacramento, Tulsa, Pittsburg, Oakland, Cincinnati, Miami, Omaha, Toledo and Buffalo. The City's growth rate in the last two years has increased. The City will not know until most probably after the first of the year, the final population figure. Mayor Oberndorf advised the preliminary census figures can be challenged, based on utility connection records, property tax records or files maintained for other essential services. The Census Bureau is willing to send out additional field workers to check the areas the City identifies as possible discrepancies. The City relies heavily on utility connections to verify housing units. - 4 - C I T Y M A N A G E R ' S B R I E F I N G S CHESAPEAKE BAY PRESERVATION PROGRAM 12:18 P.M. ITEM 33397 H. Clayton Bernick, III, Director Environmental Management, distributed information relative the CHESAPEAKE BAY PRESERVATION PROGRAM. REVISED LOCAL ADOPTION SCHEDULE May 23, 1990 Public Information Meeting June 12, 1990 Planning Commission Public Hearing - Options July 9, 1990 City Council Information Meeting - Options August 7, 1990 City Council Briefing - Local Program and Proposed Local Adoption Schedule August 8, 1990 Planning Commission Public Hearing - Ordinances (Deferred) August 21, 1990 City Council Public Hearing - Ordinances (City Recommendation for Deferral) August 29, 1990 Planning Commission Workshop - Ordinances September 4, 1990 City Council Briefing - Ordinances & Resource Needs September 12, 1990 Planning Commission Public Hearing - Ordinances and Maps September 18, 1990 City Council Briefing - Maps City Council Public Hearing - Ordinances, Maps and Resource Needs (First Reading) September 20, 1990 Local Program Effective Date September 25, 1990 City Council Public Hearing - Resource Needs (Second Reading) The Development Review/Compliance Process has been divided into four phases: PRE-APPLICATION PHASE OF'FICE OF ENVIRONMENTAL MANAGEMENT Environmental Information Coordinator Pre-Application Information or Conferences APPLICATION PHASE DEPARTMENT OF DEVELOPMENT SERVICES Plan Submittal and Coordination for review Bonding and fees PLAN REVIEW Office of Envirorimental Management Department of Agriculture Department of Permits & Inspections Department of Development Services Department of Public Works, Engineering Division Department of General Services, Landscape Services Division Department of Planning Department of Health Department of Public Utilities DEPARTMENT OF DEVELOPMENT SERVICES Synthesize comments of reviewers Forward to Review Committee Approval of plans CliESAPEAKE BAY PRESERVATION AREA REVIEW COMMITTEE* Approval of plans Grant variances to performance criteria Grant buffer reductions *Committee members consist of Directors or designees of the same departments and divisions involved with plan review. - 5 - C I T Y M A N A C E R ' S B R I E F I N G CHESAPEAKE BAY PRESERVATION PROGRAM 10:30 A.M. ITEM # 33397 (Continued) Development Review/Compliance Process (Continued): VARIANCE PHASE CHESAPEAKE BAY PRESERVATION AREA BOARD (new 5-member board) hear appeals of committee decisions grant variances to Chesapeake Bay Preservation Area ordinance Involves City Clerk's office staff time for transcribing minutes INSPECTIONS/ENF'ORCEMENT PHASE INSPECTIONS Department of Permits and Inspections Department of Public Works/Engineering and Highway Inspections Division Department of General Services, Landscape Services Division Department of Agriculture CIRCUIT COURT Hears appeals of Chesapeake Bay Preservation Area Board Involves City Attorney staff time May involve committee/staff time as witnesses Mr. Bernick advised the total RESOURCE NEEDS would entail $36,301 and itemized RESOURCE REVENUES: PRE-APPLICATION PHASE sale of maps $1.00/map APPLICATION PHASE Chesapeake Bay Local Assistance Department grant $25,000 BMP Manual grant $40,000 New single family site plan review fee $209.00 (1/2 of current duplex fee) Health Department septic tank application fee $50-$75 Sale of maps $1.00/map VARIANCE PHASE Board application fee $105 INSPECTIONS/ENFORCEMENT PHASE Field inspections $40.00/hour OTHER RESOURCES Coastal Grant $10,000; $7,066 City cash match (Chesapeake Bay Preservation Area Mapping) Stormwater utility (long-range) Resources allocation (short-range) Across the board fee review (short-range) - 6 - C I T Y M A N A G E R ' S B R I E F I N G CHESAPEAKE BAY PRESERVATION PROGRAM ITEM # 33397 (Continued) Mr. Bernick itemized possible additional costs of implementing the Chesapeake Bay Preservation Program on a City-wide basis. PRE-IMPLEMENTATION COSTS Additional mapping of Preservation Areas - $3,000 Additional ordinance work and coordination with affected Departments, Planning Commission, City Council and the public - three months time; input from Departments listed above on part-time basis POST-IMPLEMENTATION COSTS Pre-Application Phase - moderate increase over Bay water- shed work load Application Phase - significant increase in plan review for agricultural and forestal land uses; major increase in staff review for Agriculture Department, in particular Variance Phase - moderate increase over Bay watershed work load due to inaccessibility of much of shoreline in Southern Watersheds area Inspections/Enforcement Phase - significant increase in staff needs for performing inspections due to large extent of area affected; likewise, transportation costs significantly greater. Other needs - Health Department inventory City-wide of all septic tanks needed to ensure pump out compliance schedule is met with high initial costs; $5,000 to cover public information mailings/presentations; increased staff training for inspections purposes. Mr. Bernick estimated the additional annual costs would run in the neighborhood of $150,000. In response to Councilwoman Parker, Assistant City Attorney William Macali advised the members of the Wetlands Board could also serve on the Chesapeake Bay Preservation Area Board; however the CBPA Board would, of necessity, have to be a separate entity. The Members of the Wetlands Board could not serve in both capacities under the same name. Mr. Bernick advised Environmental Management is having a final WORKSHOP with the Planning Commission on September 5, 1990, and will be presenting the final recommended DRAF7 of the Chesapeake Bay Preservation Area Ordinances. Copies of same will be distributed to Members of City Council. - 7 - CON C E R N S OF T HE MAYOR ITEM # 33398 Mayor Oberndorf referenced correspondence from the City Manager relative the Homestead Borrow Pit. An Ordinance to amend and reordain Sections 6-151, 6-153 and 6-154 of the Code of the City of Virginia Beach, pertaining to permits for Certain Landfill Operations will be SCHEDULED for the City Council Session of September 18, 1990. This will minimize disturbances to adjacent neighborhoods. ITEM # 33399 Mayor Oberndorf referenced the correspondence from the Virginia Beach Pops requesting they be considered as a Budget "line item" as opposed to being under the Arts Commission. ITEM # 33400 Mayor Oberndorf also referenced the request of Richard H. Powell - President - Virginia Beach Christian Outreach Group, requesting funds in the amount of $50,000 to assist with the start up cost of the SHELTER. - 8 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 33401 Councilman Sessoms advised Indigent Health Care has been one of his many concerns. Councilman Sessoms suggested a Resolution be SCHEDULED requesting the City's General Assembly representatives work regionally to attempt to correct the problems associated with Indigent Health Care and a request made for other Councils in the area to consider similar Resolutions. Mayor Oberndorf advised Edward E. Brickell, President - Medical College of Hampton Roads, had forwarded correspondence relative the status regionally of Indigent Health Care. Hector Rivera, Assistant City Manager for Human Services, will present a BRIEFING to City Council relative Indigent Health Care. This item will be contained in the Legislative Package. ITEM # 33402 Councilman Brazier referenced correspondence from the City Manager relative the Cost Benefit Analysis of City-owned Fixed Wing Aircraft. Councilman Brazier requested the City Council provide direction. The State regulations advise reimbursement as long as it is below the Commercial airline rate, which is considerably more than the $50 per flight hour which is stated in the correspondence as the Henrico reimbursement rate. The City Manager advised the State would not commit to any definite dollar figures and it was therefore difficult to make an evaluation. Councilman Brazier advised when a prisoner is extremely dangerous, private planes have been chartered for transport. Councilman Lanteigne advised the major cost involving the City is manpower. Utilizing the City-owned Fixed Wing Aircraft, two officers involved in the extradition could come back on the same day thus saving the City two man days. This would entail a savings of approximately $400 to the City, which is not reimbursed by the State. Councilman Lanteigne requested a closer examination of the Cost Benefit Analysis. Councilman Brazier advised the Sheriff's Department performs approximately 40% of the extraditions with the Police Department performing 60%. The Police Department extradites in order to prosecute, while the Sheriff transports those individuals already convicted. A local businessman, Howard Webb, has offered to buy the plane from the City, but will still allow the City use of the plane. An additional $43,000 in drug confiscated funds from the Federal Government has been received Relative the insurance cost, the City Manager will provide information if same includes damage to the plane and liability as well as a list of the equipment provided on the plane to ensure safety. ITEM # 33403 Vice Mayor Fentress referenced correspondence and telephone calls relative the private well regulations. Vice Mayor Fentress requested a resolution requesting the State Board of Health to delay implementation and enforcement of its private well regulations be SCHEDULED for the City Council Session. The business community may be severely impacted by these private well regulations. The residents can also be severely impacted by replacing their wells. These regulations became effective on September 1, 1990. Councilman Jones concurred and advised attendance at the "well diggers" Meeting on Wednesday, August 29, 1990, 7:30 P.M. at the Lake Wright Motel. Approximately 200 businessmen were present. The "water to air" heat pumps are adversely affected. If the heat pump fails, the entire system must be replaced based upon these regulations. The City will offer to the State the ability to utilize the Municipal Cable Channel 29 as a mechanism to communicate with the public relative these well regulations. Mayor Oberndorf referenced the possibility of requesting the State to defray the costs as the City will assist in disseminating the information relative the private well regulations. BY CONSENSUS, said Resolution will be SCHEDULED under NEW BUSINESS during the Formal Session today, September 4, 1990. - 9 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 33404 Councilman Heischober referenced CIP Project # 2-831 Independence Boulevard PHASE III. Construction was to commence in July, which was in coordination with the toll road off-ramps (cloverleafs). The Cloverleafs are a Virginia Department of Transportation Project. The road is a City project. The City Manager advised the City is in a position to prepare to advertise for bid of Phase III; however, there are some costs associated with the project that are not fully reflected in this year's current Capital Improvement Program. Steps have been taken to correct same in the upcoming Capital Improvement Program. Independence Boulevard Phase ITI entails a major construction process. Councilwoman McClanan advised because of the high cost of property acquisition, this project was delayed. BY CONSENSUS, the City Council AUTHORIZED the City Manager to advertise for bid CIP Project # 2-831 Independence Boulevard PHASE III. ITEM # 33405 Councilman Jones referenced his interest in expanding the Latch Key Program and whether the expansion would have CIP implications. The City Manager will advise. ITEM # 33406 Councilman Clyburn suggested utilizing Channel 29 to educate the public relative the CHESAPEAKE BAY PRESERVATION ACT. The City Manager advised the PUBLIC HEARING will be televised. ITEM # 33407 Councilwoman Parker advised the little known capability within the City Zoning Ordinance that allow the Board of Zoning Appeals to extend the district regulations fifty feet into an adjoining lot if that lot is under the same ownership. Assistant City Attorney William Macali advised this has been utilized twice fairly recently with the Levine property off Shore Drive. In this particular case, Mr. Macali did not believe there would be adverse effects but there might be some concerns about the application of this provision in other instances. The City Attorney's office will discuss this matter with the Director of Planning and will prepare a recommendation for the City Council Agenda of September 18, 1990. - 10 - ITEM # 33408 The INFORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, On Tuesday, September 4, 1990, at 1:40 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None - 11 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL September 4, 1990 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, September 4, 1990, at 2:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Donald Staton Chaplain, Virginia Beach Police Department PLEDGE OF ALLEGIANCE TO TF4F FT.AR n]T TV OF AMICA - 12 - Item V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 33409 CF,RTIFICATION was not necessary as no EXECUTIVE SESSION was held. - 13 - Item V-F. 1. MINUTES ITEM # 33410 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 28, 1990. Councilwoman Parker referenced ITEM # 33386, Page 33 ORDINANCE UPON APPLICATION OF BP OIL CO., DIVISION OF SOHIO OIL COMPANY FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION AND A CAR WASH IN CONJUNCTTON WITH A CONVENIENCE STORE R08901330 With reference to Condition 5: The applicant shall comply with the architectural rendering displayed during the City Council Session of August 28, 1990. Councilwoman Parker advised although the rendering was made a part of the proceedings, she wished clarification as this was the second rendering displayed by the applicant. A color photograph has been made a part of the record. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 14 - Item V-F.2 LABOR DAY COMMLJNITY COORDINATION COMMISSION ITEM # 33411 Andrew S. Fine Co-Chair of the LABOR DAY COMMUNITY COORDINATION COMMITTEE, presented to the Mayor as a symbol of success and a token of esteem, a water gun. Mayor Oberndorf expressed appreciation for the dedicated leadership of Mr. Fine and Dr. Wilson, Co-Chairs of the LABOR DAY COMMUNITY COORDINATION COMMITTFY, and their seventy-three valiant members, who have built a legacy for the City of Virginia Beach. The City is grateful for the unselfish commitment of the City Manager, his magnificent staff, and his wisdom in choosing Oral Lambert and Daniel Stone as Directors of the Labor Day Task Force. Chief Wall and his Police Department, the Office of Public Information, the Chaplains, Gold Patrol, Members of the Mayor's Committee on the Handicapped, City Employees, the Justice Department with their Community Relations Department, State Police, the sister cities and all who participated in this successful event, are to be lauded for their professionalism and dedication. The communications, trust and respect built this LABOR DAY weekend will be a first step to a very strong staircase that will continue to hold this City together. Councilwoman Parker acknowledged former Council Members Albert W. Balko, Barbara M. Henley, John D. Moss and John L. Perry for their commitment. Mr. Fine received a standing ovation. - 15 - Item V-G. 1. RESOLUTION ITEM # 33412 Upon MOtion by Councilwoman McClanan, seconded by Councilman Sessoms, City Council ADOPTED: Resolution affirming the Master Street and Highway Plan designation of Princess Anne Road as a controlled access highway. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parke, and William D. Sessoms, Jr. Council Members Voting Nay; None Council Members Abstaining: Louis R. Jones Council Members Absent: None "Councilman Louis Jones ABSTAINED and declared pursuant to Section 2.1- 639.14(E) of the Code of Virginia, he owns land ith a ,Iu, in excess of $10,000-00, which is located along the Princess A,ne Road Eastern Phase. Therefore, this interest meets the criteria of a personal interest in the transaction under the Conflict of Interest Act. Councilman Louis Jones' letter of July 9, 1990, is hereby made a part of the record. 1 A RESOLUTION AFFIRMING DESIGNATION OF PRINCESS 2 ANNE ROAD AS A CONTROLLED ACCESS HIGHWAY 3 Whereas Princess Anne Road Phase III is designated in 4 the City's Master Street and Highway Plan as a controlled access 5 highway; and 6 Whereas a controlled access highway is defined as tia 7 highway to which access is provided wherever feasible only by 8 grade separated interchange and where at-grade intersections with 9 local streets and private driveways are not prohibited, but are 10 allowed only as a last resort to provide access to an otherwise 11 land locked parcel where no other means of access is available, 12 or wherever unusual public benefit, as opposed to private benefit 13 will result;" and 14 Whereas the planned redesign and construction of 15 Princess Anne Road Phase III was accepted by the Commonwealth of 16 Virginia as a Virginia Department of Transportation (VDOT) 17 project and designated by the State as a limited access arterial 18 highway project; and 19 Whereas a limited access highway is defined by Virginia 20 Code Section 33.1-57 as "a highway especially designed for 21 through traffic, over which abutters have no easement or right of 22 light, air or access to by reason of the fact that their property 23 abuts upon such limited access highway;" and 24 Whereas on July 9, 1990, upon recommendation of VDOT 25 due to the projected high cost of right-of-way acquisition, City 26 Council concurred in a deletion of the State's limited access 27 designation for Princess Anne Road Phase III but retained 28 designation of Princess Anne Road as a controlled access highway; 29 and 30 Whereas the Virginia Beach Public School System has 31 requested it be granted an access point to Princess Anne Road for 32 its planned Landstown Elementary and Middle school project; and 33 Whereas the City Council does not find this request in 3 4 keeping with its policy and designation of Princess Anne Road as 35 a controlled access facility; 36 NOW, THEREFORE, BE IT RESOLVED BY TliE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 That Princess Anne Road is designated a controlled access 39 highway and the City Manager is directed to aggressively enforce 40 this policy bringing any exceptions to the City Council for 41 consideration and review, and further directs the City Manager to 42 work with VDOT to ensure a design that will provide the most 43 restrictive access standards attainable under this Policy; and 44 BE IT FURTHER RESOLVED BY THE COUNCIL OF TliE CITY OF 45 VIRGINIA BEACH, VIRGINIA: 46 That the Virginia Beach Public School's request for an 47 access point to Princess Anne Road near its intersection with 48 Landstown Road is denied and the School system is encouraged to 49 pursue a coordinated access point tO its planned facility via 50 Landstown Road. 51 Adopted by the Council of the City of Virginia Beach, 52 Virginia, on the 4 day of September 1990. 53 CA-3918 54 Noncode\Princess.res 55 R-1 2 - 16 - Item V-H. CONSENT AGENDA ITEM # 33413 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 17 - Item V-H. 1 CONSENT AGENDA ITEM # 33414 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED upon SECOND RF-ADING: Ordinance to APPROPRIATE $12,892,316 for the FY 1990-91 School Cafeteria Enterprise Fund Budget. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO APPROPRIATE FLJNDS OF 2 $12,892,316 FOR THE FY 1990-91 SCHOOL 3 CAFETERIA ENTERPRISE FUND BUDGET 4 WHEREAS, the Attorney General of Virginia has opined that School Board 5 expenditures of funds generated by the sale of cafeteria meals require an 6 appropriation of the local governing body; 7 WHEREAS, the Virginia Beach School Board has a cafeteria meal program 8 whereby meal income is deposited in a cafeteria enterprise fund and purchases 9 of food and other related expenses are paid from this fund; 10 11 WHEREAS, the School Board has submitted a Cafeteria Enterprise Eund budge@t 12 for FY 1990-91 in order to comply with the Attorney General's opinioln; 13 WHEREAS, the Cafeteria Enterprise Fund budget approved by the School Board 14 included total revenues of $12,892,316 and total disbursements of $12,892,316 15 for fiscal year 1990-91. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA that funds in the amount of $12,892,316 be appropriated for a 18 School Cafeteria Enterprise Fund budget in the manner approved by the School 19 Board. 20 BE IT FURTHER ORDAINED that this appropriation be financed by Estimated 21 Revenues of $12,892,316 in the School Cafeteria Enterprise 1,@und. 22 This ordinance shall be effective from the date of its adoption. 23 Adopted by the Council of the City of Virginia Beach, Virginia on tbe 24 4 day of September 1990. 25 FIRST READING: August 28, 1990 26 SECOND READING: September 4, 1990 27 PWC WP1/ORD250 - 18 - Item V-H. 2 CONSENT AGENDA ITEM # 33415 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED: LOW BID: ASPHALT ROADS & 1990-91 Bituminous $516,876.75 MATERIALS CO., INC. Concrete Schedule for Completed Utility Projects Contract I Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 19 - Item V-H.3 CONSENT AGENDA ITEM # 33416 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $27,544.72 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None NO. C. A. 7 6/11/90 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty I nt. Total Year of Tax Number tion NO. Paid 99 RE( !,/2) P4929 1- 12@5/84 A5 p@E(2@2) pgqpg 1 6/6,186 rAAGPq P P4P'(Pi-6819 86- RE(!,12) 25401 6 12,15/86 9.69 r;n,,z D' R6 RE(2@2) P44IA4 9 6@5@96 9.60 rances D. Dickerson 87 RE(1/2) 26700-4 12/5/86 14.40 rances D. Dickerson 87 RE(2/2) 26700-4 6/5/87 14.40 rances D. Dickerson 88 RE(1/2) 27519-2 12/5/87 10.51 rances D. Dickerson 88 RE(2/2) 27519-2 6/2/88 10.51 rances D. Dickerson 89 RE(1/2) 28611-6 12/5/88 27.45 rances D. Dickerson 89 RE(2/2) 28611-6 6/5/89 27.45 ollins Square Associates 89 RE(1/2) 22123-0 11/10/88 730.80 ollins Square Associates 89 RE(2/2) 22123-0 5/25/89 730.80 ollins Square Associates 90 RE(1/2) 22367-2 11/14/89 1,043.32 ollins Square Associates 90 RE(2/2) 22367-2 5/16/90 1,043.32 erican Home Funding 89 RE(2/2) 126567-2 5/31/89 36.04 erican Home Funding 90 RE(1/2) 29179-5 12/5/89 51.31 MAC of Iowa 90 RE(1/2) 10333-8 11/28/89 63.48 onnie R. & Cecilia Cason 90 RE(1/2) 18757-8 12/5/89 341.19 arroll S. & Cora Giles 90 RE(1/2) 41386-9 12/5/89 271.86 Ovran Mortgage Corp. 90 RE(1/2) 70249-5 12/5/89 145.28 ovran Mortgage Corp. 90 RE(1/2) 37669-5 12/5/89 38.P,4 lice Bragg Bishop 00 RE(1/2) 9592-6 11/21/89 832.19 icky Bisese 89 pp 16261-3 1/17/90 10.00 Total 5,479.95 This ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the Council of the City of Virginia Beach on the--day of reasurer Approved as to form: Ruth Hodges Smith City Clerk @eslie L. Lilley, City4ttorngc M NO. C.A. 7 7/20/90 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total Year of Tax Number tion No. Paid John H. Dennis 86 RE 24999-0 6/22/90 1,918.50 Wm. C. Jr, & Rosanna Etheridge 87 RE(1/2) 31143-9 12/3/86 34.00 Wm. C. Jr, & Rosanna Etheridge 87 RE(2/2) 31143-9 5/4/87 34.00 Wm. C. Jr, & Rosanna Etheridge 88 RE(1/2) 32158-8 12/5/87 37.28 Wm. C. Jr, & Rosanna Etheridge 88 RE(2/2) 32158-8 6/5/88 37.28 Jimmie F. Ingram etals 87 RE(1/2) 49896-0 12/5/86 89.44 Jimmie F. Ingram etals 87 RE(2/2) 49896-0 6/4/87 89.44@ Jimmie F. Ingram etals 88 RE(1/2) 51862-5 12/5/87 103.94 Jimmie F. Ingram etals 88 RE(2/2) 51862-5 6/5/88 103.94 Jimmie F. Ingram etals 89 RE(1/2) 53551-6 12/5/88 120.74 Jimmie F. Ingram etals 89 RE(2/2) 53551-6 6/5/89 120.74 Jimmie F. Ingram etals 90 RE(1/2) 54360-2 12/5/89 128.93,'@ Jimmie F. Ingram etals 90 RE(2/2) 54360-2 6/5/90 128.93, N C N B Mortgage 90 RE(1/2) 36089-9 12/1/89 271.00,, N C N B Mortgage 90 RE(2/2) 36089-9 5/31/90 271.00' Life Savings Bank 90 RE(1/2) 546"l-7 12/5/89 196.85, Life Savings Bank 90 RE(1/2) 54620-8 12/5/89 197.40,/ Lincoln Service Corp. 90 RE(2/2) 128824-4 6/5/90 591.04. Virginia Electric & Power Co. 90 RE(2/2) 126144-1 5/31/90 700.78, Oliva L. Nolasco N/A Pkng 322061 6/14/90 15.00 James tl. Zadell @,'/A Pkng 307362 6/27/90 12.00 Camilo Delfinado N/A Pkng 183612 5/17/90 10.00 Total 5,212.23 This ordinance shall be effective from date of adoption. The above abatement(s) totaling c ed as to ay nt; were approved by the Council of the City of Virginia Beach on the--day of Approved as to form: Ruth Hodges Smith City Clerk Lilley, Cit FORM NO. C.A. 7/9/90 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following application, for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D:t Penalty I nt, Total Year e of Tax Number tion No. P id Trustbank Savings FSB 87 RE(1/2) 3484-5 8/20/87 421.57 Trustbank Savings FSB 87 RE(2/2) 3484-5 8/20/87 402.70 Trustbank Savings FSB 88 PE(1/2) 3603-0 12/5/87 143.87 Trustbank Savings FSB 88 RE(2/2) 3603-0 6/5/88 443.87 Trustbank Savings FSB 89 RE(1/2) 3945-6 12/5/88 481.82 Trustbank Savings FSB 89 RE(2/2) 3945-6 6/5/89 481.82 Trustbank Savings FSB 90 RE(1/2) 3873-9 12/5/89 525.71 Trustbank Savings FSB 90 RE(212) 3873-9 6/5/90 525.71 Wilmure Burden 87 RE(1/2) 14100-6 12/5/86 15.48 Wilmure Burden 87 RE(212) 14100-6 6/5/87 15.48 Wilmure Burden 88 RE(1/2) 14671-4 12/4/87 16.97 Wilmure Burden 88 RE(2/2) 14671-4 5/26/88 16.97 Wilmure Burden 89 RE(112) 15227-9 11/28/88 23.61 14ilmure Burden 89 RE(2/2) 15227-9 5/24/89 23.61 Pender & Coward 87 RE(1/2) 2786-2 4/12/89 4.80 Pender & Coward 87 RE(2/2) 2786-2 4/12/89 4.64 Pender & Coward 88 RE(1/2) 2833-4 4/12/89 4.91 Pender & Coward 88 RE(2/2) 2833-4 4/12/89 4.72 Pender & Coward 89 RE(1/2) 3144-5 4/12/89 4.70 John Aragona Enterprises 89 RE(2/2) 3145-4 6/5/89 2.29 NCBN Mortgage Corp 89 RE(1/2) 35430-0 11/30/88 253.81 NCBN Mortgage Corp 89 RE(2/2) 35430-0 5/15/89 253.81 Va Beach Federal Bank 90 RE(1/2) 30433-5 12/1/89 228.91 Va Beach Federal Bank 90 RE(1/2) 18844-3 12/1/89 50.97 Anchor Mortgage Services 90 RE(1/2) 8066-5 11/6/89 54.99 Anchor Mortgage Services 90 RE(2/2) 8066-5 5/14/90 54.99 Colonial Mortgage 90 RE(2/2) 25448-8 5/8/90 204.80 Debra J Warren 90 pp 208303-3 6/5/90 10.21 14hitney Fowler 90 pp 68833-0 6/5/90 10.26 Total 4,988.00 This ordinance shall be effective from date of adopt'ion. The above abatement(s) totaling 4 988,00 were approved by the Council of the City of virginia Beach on the-A-day of September, 1990 n, Treasurer Ruth Hodges Smith A roved as to form: City Clerk ORM NO. C.A. 7 8/14/90 ETIC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty I nt. Total Year of Tax Number tion No. Paid Virginia Beach Federal 87 RE 38522-5 7/2/90 827.63 Dan 0&Thelma Gallup 88 RE(1/2) 37867-9 12/5/87 25.43 Dan D&Thelma Gallup 88 RE(2/2) 37867-9 6/5/88 25.43 Dan D&Thelma Gallup 88 RE(1/2) 37868-8 12/5/87 25.43 Dan D&Thelma Gallup 88 RE(2/2) 37868-8 6/5/88 25.43 Dan D&Thelma Gallup 88 RE(1/2) 37883-9 12/5/87 22.89 Dan D&Thelma Gallup 88 RE(2/2) 37883-9 6/@1/88 22.89 Dan D&Thelma Gallup 88 RE(1/2) 37866-0 12/5/87 25.43 Dan D&Thelma Gallup 88 RE(2/2) 37866-0 6/5/88 25.43 Dan D&Thelma Gallup 88 RE(1/2) 37869-7 12/5/87 '@15.43 Dan D&Thelma Gallup 88 RE(2/2) 37869-7 6/5/88 25.43 Dan D&Thelma Gallup 89 RE(1/2) 39068-1 12/5/88 31.11 Dan D&Thelma Gallup 89 RE(2/2) 39068-1 6/5/89 31.11 Dan D&Thelma Gallup 89 RE(1/2) 39070-7 12/5/88 31.11 Dan D&Thelma Gallup 89 RE(2/2) 39070-7 6/5/89 31.11 Dan D&Thelma Gallup 89 RE(1/2) 39069-9 12/5/88 31.11 Dan D&Thelma Gallup 80 RE(2/2) 39069-9 6/5/89 31.11 Dan D&Thelma Gallup 89 RE(1/2) 39066-3 12/5/88 42.41 Dan D&Thelma Gallup 89 RE(2/2) 39066-3 6/5/89 42.41 Dan D&Thelma Gallup 89 RE(1/2) 39067-2 12/5/88 44.83 Dan D&Thelma Gallup 89 DE(2/2) 39067-2 6/5/89 44.83 GMAC of Philadelphia 88 RE(1/2) 57026-5 11/30/87 24.00 GMAC of Philadelphia 88 RE(2/2) 57026-5 5/19/88 24.00 GMAC of Philadelphia 89 RE(1/2) 58869-2 11/16/88 26.35 GMAC of Philadelphia 89 RE(2/2) 58869-2 6/5/89 26.35 GMAC of Philadelphia 90 RE(1/2) 59784-9 11/21/89 24.06 GMAC of Philadelphia 90 RE(2/2) 59784-9 6/5/90 2A.06 Dominion Bankshares Mortgage 90 RE(1/2) 52736-3 12/1/89 71.83 Dominion Bankshares Mortgage 90 RE(2/2) 52736-3 5/31/90 903.99 Sentry Federal Savings Bank 90 RE(1/2) 110608-4 11/6/89 32.92 Sentry Federal Savings Bank 90 RE(2/2) 110608-4 5/14/90 32.92 GMAC of Iowa 90 RE(1/2) 71846-0 11/28/810 4.88 GMAC of Iowa 90 RE(2/2) 71846-0 5/14/90 4.88 Charles E Williams 90 RE(2/2) 122651-5 6/5/90 11.72 Life Savings Bank 90 RE(1/2) 79150-3 12/5/89 9.77 Abems & Associates 90 RE(2/2) 42691-7 6/5/90 839.26 George 1,4 Sampson 90 RE(2/2) 98966-7 5/31/90 91.22 Sharon A Fowler 90 pp 68833-0 6/19/90 10.@16 Total 3,600.46 This ordinance shall be effective from date of adoption. The above abatement(s) totaling c nt; 3 600.46 were approved by the Council of the City of Virginia Beach on the@ day of Se tembet 1990 Ji easurer Approved as to form: Ruth Hodges Smith City Clerk Lsle L Llly, Cty ORM NO. C.A. 7 6/28/90 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total Year of Tax Number tion No. Paid Pender & Coward 87 RE(1/2) 2785-3 4/12/89 4.80 Pender & Coward 87 RE(2/2) 2785-3 4/12/89 4.64 Pender & Coward 88 RE(1/2) 2832-5 4/12/89 4.91 Pender & Coward 88 RE(2/2) 2832-5 4/12/89 4.72 Pender & Coward 89 RE(1/2) 3145-4 4/12/89 4.70 Breeden Development Corp 87 RE(1/2) 11363-4 11/17/86 2.00 Breeden Development Corp 87 RE(2/2) 11363-4 6/4/87 2.00 Breeden Development Corp 88 PE(1/2) 11738-1 12/2/87 2.20 Breeden Development Corp 88 RE(2/2) 11738-1 6/5/88 2.20 Breeden Development Corp 89 RE(1/2) 12412-1 12/2/88 2.29 Breeden Development Corp 89 RE(2/2) 12412-1 6/5/89 2.29 Breeden Development Corp 90 RE(1/2) 12431-5 12/5/90 2.45 London Bridge Industrial Park 89 RE(1/2) 65905-3 12/5/88 586.98 London Bridge Industrial Park 89 RE(2/2) 65905-3 6/5/89 586.98 Cynthia Snyman 90 RE(1/2) 106381-5 12/22/89 56.52 Cynthia Snyman 90 RE(2/2) 106381-5 5/31/90 50.97 Globe Iron Construction Co 90 RE(1/2) lla5O6-6 12/5/89 50.97 Globe Iron Construction Co 90 RE(2/2) 115506-6 6/5/90 50.97 Anderson Lee & Norris 90 RE(1/2) 17515-3 4/5/90 1,626.95 Anderson Lee & Norris 90 RE(1/2) 17514-4 4/5/90 491.36 Heather E Brown 89 pp 259032-6 1/5/90 9.42 Corazon B & Emilio Placides N/A Pkng 250491 6/4/90 15.00 Total 3,565.32 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Cl were approved by the Council of the City of Virginia Beach on the_4-day of ',Pptpmh@,, 1990 Jc A Ruth Hodges Smith City Clerk Les 6/ 12/ 90 EMC ORM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty Int. Total Y ear of Tax Number tion No. Paid Columbus Summit Inc 90 RE(1/2) 111104-1 12/5/89 333.88 Pauline L Collins 88 RE(1/2) 21180-3 11/18/87 641.71 Pauline L Collins 88 RE(2/2) 21180-3 5/16/88 641.71 Pauline L Collins 89 RE(1/2) 20629-5 11/10/86 531.79 Pauline L Collins 89 RE(2/2) 20629-5 5/14/87 531.79 Total 2,680.88 This ordinance shall be effective from date of adoption. The above abatement(s) totaling C, 0.88 were approved by the Council of the City of Virginia Beach on the-Aday of Se tb-kber, 1990 Jc asurer Approved as to form: Ruth Hodges Smith City Clerk Les 6/22/90 EMC RM NO. C.A. 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total Year of Tax Number ti onN0. Paid Virginia Beach 90 RE(1/2) 30438-0 12/5/89 45.22 Development Authority 90 RE(1/2) 30439-9 12/5/89 96.29 90 RE(1/2) 31972-0 12/5/89 46.54 90 RE(1/2) 31973-9 12/5/89 314.87 90 RE(1/2) 31974-8 12/5/89 297.09 90 RE(1/2) 127032-4 12/5/89 549.62 90 RE(1/2) 127033-3 12/5/89 360.69 90 RE(1/2) 127034-2 12/5/89 265.01 WVAB Radio 88 RE(2/2) 19684-8 8/17/88 77.35 Lucille R. Behl 90 Dog Tag 05276 11/5/90 2.00 Total 2,054.68 This ordinance shall be effective from date of adoption. The above abatement(s) totaling ment; $2,054.68 were approved by the Council of the City of nia n the 4 V@"egpi 'eber, 1990 Beach o --day of Treasurer Approved as to form: Ruth Hodges Smith City Clerk @es - 20 - Item V-H.4 CONSENT AGENDA ITEM # 33417 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance authorizing special tax refunds in the amount of $242.00 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr,, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FOFIM NO. C.& 8 REV. 3M SPECIAL TAX AN ORDINANCE AUTHORIZING REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE 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 @yline Yee C/0 Golden Dragon Restaurant 2914 Pacific Ave. Virginia Beach, VA 23451 7/21/90 TAX PAID: 1,141.64 1,141.64 my 1990 ACFUAL TAX DUE: 1,032.17 1,032.17 OVERPATD: 109.47 7/21/90 June 1990 TAX PATD: 902.78 902.78 AC@ TAX Ul: 770.25 770.25 OVERPAID: 132.53 TOL4L CREDIT DUF: 242.00 Certified as to Payment: Approved as to torm: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $242.00 were approved by the Council 4 September of the City of Virginia Beach on the --- day of 19 90 Ruth Hodges Smith City Clerk - 21 - Item V-H.5 CONSENT AGENDA ITEM # 33418 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $5,704.04 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FORM NO. C.A. 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE 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 Int. Total Year Paid Davis Development Inc. 1989 Audit 502.64 502.64 303 34th Street #3 Virginia Beach, VA 23451 Guthrie, Janet W. 1988-89 Audit 190.18 190.18 T/A Thornwood Electric 3322 Va. Beach Blvd. #118 Virginia Beach, VA 23452 McDonald's Rest. of VA Inc. 1989 Audit 1,397.44 1,397.44 T/A McDonald's #5172 2812 Old Lee Highway Ste. 300 Fairfax, VA 22031 Certified as to Payment: Robert P. Vaughan Commissioner of the Revenue Approved as to fc)rm: This ordinance shall be effective from date of adoption. The above abatement(s) totaiing 2,090-26 were approved by the Council 4 September 90 of the City of Virginia Beach on the - day of Ruth Hodges SmTth Cit Clerk F@M NO. C.A. 8 REV. AN ORDINANCE AUTHORIZING LICENSE RF:FUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE 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: License Date Base Penalty lnt. Total NAME Year Paid McPherson, James A. 1988 Audit 50.00 50.00 T/A Alpha Plumbing Unltd- 3741 Lake Tahoe Trail virginia Beach, VA 23456 Robert W. Hudgins Inc. 1989 Audit 164.93 164.93 T/A Hudgins Carpet P. 0. Box 1043 Virginia Beach, VA 23451 Scarono, Anthony 1988-89 Audit 43.87 43.87 T/A A & i Plumbing & Heating 548 Woodstock Road Virginia Beach, VA 23464 Certified as to Payment: Commissioner of the Revenue Approved as to form: Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 258. 60 were approved by the Council 4 September 90 of the City of Virginia Beach on the - day of 19 - I Ruth Hodges Smi@h Cit Clerk FORM NO. C.@ 0 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONF-R OF THE REVENUE 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 American Kitchen Co. Inc. 1987-89 Audit 680.70 680.70 468 S. Independence Blvd. Virginia Beach, VA 23452 Boxer Rebellion Retail Tnc. 1988-89 Audit 19.17 19.17 3200 Lynnhaven Drive #205 Virginia Beach, VA 23451 Broad Bay Builders Inc. 1988-89 Audit 178.29 178.29 2400 Haversham Close Virginia Beach, VA 23454 Certified as to Payment: Robert P. Vaughan Commissioner of the Revenue Approved as to form: @es(ie L. L itiley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaiing 878-16 were approved by the Council of the City of Virginia Beach on the 4 day of September '19 90 Ruth Hodges Smlih Cit Clerk FORM NO. C.A. 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSION@R OF THE REVENUE 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: License Date Base Penalty lnt. Total NAME Year Paid Rayner Company Inc., The 1989 Audit 719.85 719.85 T/A seaport Plywood 101 S. Pennsylvania Avenue virginia Beach, VA 23462 RD/International Inc. 1985-90 Audit 405.71 405.71 4605 Pembroke Lake Circle, S-204 Virginia Beach, VA 23455 Tate & Hill Inc. 1988-89 Audit 76.00 76.00 15 west Clapton Street Richmond, VA 23225 Certified as to Payment: '@6bert P. Vaughan Commissic)ner of the Revenue Approved as to form: -L. Lilley Leslie City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,201.56 were approved by the Council of the City of Virginia Beach on the4day of September 90 19 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. &W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE 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 Int. Total Year Paid Goldberg, Milton D. 1986-87 Audit 571.55 571.55 3224 stapleford Chase virginia Beach, VA 23452 Hodge Podge, Etc., Ltd. 1988-90 Audit 68.50 68.50 T/A Elizabeth's 1513 colley Avenue Norfolk, VA 23517 merry Bells, Inc. 1989-90 Audit 61.71 61.71 T/A merry Bells Preschool 2309 First Settlers Avenue virginia Beach, VA 23456 Certified as to Payment: R.6.rt P Commissioner of the Revenue Approved as to form: e@slie-L. Lilley City Attorney This ordinance shall be eflective irom date of adoption. The above abatement(s) totaling 701-76 were approved t)y the Council of the City of Virginia Beach on the 4 day of ePt@@b@@ 19 90- I Ruth Hodges Smit@ City Clerk FORM NO. C.k 8 FIEV. &N AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid Dobrinsky, Robert L. 1989 Audit 47.95 47.95 T/A R D S 6561 Stoney Point south Norfolk, VA 23502 E & B Landscaping Inc. 1988-89 Audit 228.99 228.99 3812 Ridgeview Road Virginia Beach, VA 23452 Georghiou, John S. 1988-89 Audit 93.67 93.67 T/A Alexander's Pancake House 4320 Holland Road virginia Beach, VA 23452 Certified as to Payment: (-Oobert P. Vaughan Commissioner of the @4enue Approved as to form: Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 370.61 were approved by the Council of the City of Virginia Beach on the 4 day of September _ '19 90 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. 3W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CrrY 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 Int. Total Year Paid Appraisal Service of America Inc. 16.33 7799 Leesburg Pike, S-800 1988-89 Audit 16.33 Falls Church, VA 22043 Botwright, Charles E. 1988-89 Audit 93.76 93.76 507 Fountain Lake Drive, #102 virginia Beach, VA 23451 Chew, meng-Sang 1988-89 Audit 92.80 92.80 T/A Design Engineering & Analysis 2465 Haversham close Virginia Beach, VA 23454 Certified as to Payment: Ro-bert P. Vaug@an Commissioner of the R4enue Approved as to form: Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 202.89 were approved by the Council of the City of Virginia Beach on the4day of September 90 19 Ruth Hodges Smith City Clerk - 22 - Item V-I.l.a. PUBLIC HEARING ITEM # 33419 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: (a) CITY OF VIRGINIA BEACH STREET CLOSURE - 23 - Item V-I.I.a. PLANNING ITEM # 33420 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council AUTHORIZED FINAL APPROVAL of the application of the CITY OF VIRGINIA BEACH, VIRGINIA, for discontinuance, closure, and abandonment of certain portions of James Madis n Boulevard, Courthouse Drive and Glebe Road (Parcels 3 and 4): Parcel 3: Closure of a portion of Courthouse Drive beginning at the western boundary of James Madison Boulevard and running in a northwesterly direction a distance of 348 feet more or less. Parcel 3 also includes an approximate 100 foot x 50 foot portion of Courthouse Drive which ends at the southeastern boundary of the property now or formerly owned by Continental Telephone Company. Parcel 4: Closure of a portion of Glebe Road beginning at the southwestern boundary of Princess Anne Road and running in a southwesterly direction a distance of 638.48 feet more or less. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. City Council APPROVED a 180 day extension of Parcels 1 and 2until the City Council Session of March 12, 1991: Parcel 1: Closure of an unimproved 30-foot road beginning 680 feet more or less northwest of the western boundary of James Madison Boulevard and running in a northwesterly direction a distance of 395 feet more or less. Parcel 2: Closure of the western terminus of Courthouse Drive beginning at the eastern boundary of Parcel 1 and running in a southeasterly direction a distance of 200 feet more or less. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORDINANCE NO. 1 IN THE MATTER OF CLOSING, VACATING AND 2 DISCONTINUING PORTIONS OF THOSE CERTAIN 3 STREETS OF VARIABLE WIDTH, KNOWN AS COURTHOUSE 4 DRIVE AND GLEBE ROAD, AS SHOWN UPON THAT CERTAIN 5 PLAT ENTITLED, "RESUBDIVISION OF PROPERTY OF THE CITY OF 6 VIRGINIA BEACH AND SOVRAN BANK, N.A. D.B. 1077 P. 59 AND 7 CLOSED PORTION OF COURTHOUSE DRIVE AND GLEBE ROAD 8 PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA,', 9 WHICH PLAT IS ATTACHED HERETO. 10 WHEREAS, it appearing by affidavit that proper 11 notice has been given by the City of Virginia Beach, a municipal 12 corporation, that they would make application to the Council of 13 the City of Virginia Beach, Virginia, on February 12, 1990, to have 14 portions of the hereinafter described streets discontinued, closed, 15 and vacated; end 16 WHEREAS, it is the judgment of the Council that 17 said streets be discontinued, closed, and vacated; 18 NOW, THEREFORE, 19 SECTION I 20 BE IT ORDAINED by the Council of the City of 21 Virginia Beach, Virginia, that portions of the hereinafter 22 described streets be discontinued, closed, and vacated: 23 ALL THAT portion of Courthouse 24 Drive and Glebe Road, shown as the 25 shaded area on that certain plat 26 entitled "RESUBDIVISION OF 27 PROPERTY OF THE CITY OF VIRGINIA 28 BEACH AND SOVRAN BANK, N.A. D.B. 29 1077 P. 59 AND CLOSED PORTION OF 30 COURTHOUSE DRIVE AND GLEBE ROAD 31 PRINCESS ANNE BOROUGH VIRGINIA 32 BEACH, VIRGINIA," and more 33 particularly described as follows: 34 BEGINNING at a point in the 35 western right-of-way line of James 36 Madison Boulevard (110' r/w) and 37 the southern line of Courthouse 38 Drive (80' & var. r/w) at the 39 point of curve; thence along said 40 curve to the left having a radius 41 of 20.0' and a length of 31.421 to 42 the point of tangency, being in 43 GPIN #1494-73-3118 4 4 the southern line of Courthouse 45 Drive (80' & var. r/w) ; thence 46 continuing in a westerly direction 47 along the southern line of 48 courthouse Drive (80' & var. r/w) 49 along a bearing of N 57@ 46' 33" 50 W a distance of 348.27' to a 51 point; thence continuing along and 52 binding with said right-of-way 53 line along a bearing of N 32* 15' 54 10" E a distance of 45.50' to a 55 point, said point also being the 56 southwestern intersection of 57 Courthouse Drive (Bol & var. r/w) 58 and Glebe Road (var. r/w); thence 59 turning and continuing in a 60 westerly direction along the 61 southern line of Courthouse Drive 62 (40' & var. rlw) along on a 63 bearing of N 44* 27' 55" W a 64 distance of 110-67' to a point, 65 thence continuing westerly along 66 the southern line of Courthouse 67 Drive (40' & var. r/w) along a 68 bearing of N 45* 44, 35" W a 69 distance of 19.48 feet to a point, 70 said point being in the dividing 71 line of property now or formerly 72 of the City of Virginia Beach 73 (D.B. 1530 p. 551) (M.B. 119 P. 74 38) and property now or formerly 75 of the City of Virginia Beach 76 (D.B. 1878 p. 310) (M.B. 70 p. 3) 77 (D.B. 1530 p. 551) (M.B. 119 p. 78 38); thence turning and leaving 79 the southern line of Courthouse 80 Drive (40' & var. r/w) in an 81 easterly direction along on a 82 bearing of N 77* 58- 59" E and a 83 distance of 36.05 feet to a point; 84 thence turning and proceeding 85 along a bearing of N 23* 12' 12" 86 E a distance of 10.71' to a point 87 in the northern line of Courthouse 88 Drive (40' & var. r/w), said point 89 also being the dividing line of 90 Parcel A-1 (M.B. 76 p. 18) now or 91 formerly Continental Telephone Co. 92 of Virginia and Parcel B (M.B. 77 93 p. 1) now or formerly the City of 94 Virginia Beach (D.B. 2681 p. 298); 95 thence turning and continuing in 96 an easterly direction along the 97 northern line of Courthouse Drive 98 (40' & var. r/w) along a bearing 99 of S 440 53' 18" E a distance of 10 0 103.62 feet to a point, said point 101 being the northwestern corner of 102 the intersection of Courthouse 103 Drive (40' & var. r/w) and Glebe 104 Road (var. r/w), thence turning 105 and binding the western right-of- 106 way line of Glebe Road (var. r/w) 107 in a northerly direction along a 108 bearing of N 31@ 05' 31" E a 109 distance of 3 9 2 . 4 7feet to a 110 point, said point being the ill dividing line of property now or 112 formerly of the City of Virginia 113 Beach (D.B. 2681 p. 298) and 2 114 property now or formerly Sovran 115 Bank (M.B. 77 p. 1) (D.B. 1077 p. 116 59) thence turning and proceeding 117 in an easterly direction and 118 crossing Glebe Road (var. r/w) 119 along on a bearing of S 66* 37' 120 0511 E a distance of 50.82 feet to 121 a point, said point being in the 122 eastern line of Glebe Road (var. 123 r/w); thence turning and 124 proceeding in a southerly 125 direction along the eastern line 126 of Glebe Road (var. r/w) along a 127 bearing of S 23* 2 6 - 57" W a 128 distance of 395.551 to apoint of 129 curve; thence along said curve to 130 the left having a radius of 20.0' 131 and a length of 28.351 to a point 132 of tangency, said point being in 1 3 3 the northern line of Courthouse 134 Drive (80' & var. r/w), said point 1 3 5 also being at the northeastern 1 3 6 intersection of Glebe Road (var. 1 37 r/w) and Courthouse Drive (80' & 138 var. r/w), thence proceeding in an 139 easterly direction along the 140 northern line of Courthouse Drive 141 along on a bearing of S 57* 46' 142 33" E a distance of 227.56 feet to 143 a point of curve; thence along 144 said curve to the left, having a 145 radius of 20.0' , and a length of 146 31.311 to a point on tangent; said 147 point being at the northwestern 148 intersection of Courthouse Drive 149 (80' var. r/w) and James Madison 1 50 Boulevard (110' r/w), thence 151 turning and crossing the right- 152 of-way of Courthouse Drive along 153 the western line of James Madison 154 Boulevard (110' r/w) on a bearing 155 of S 321 211 29" W a distance of 1 56 119.90 feet to the point of 157 beginning. 158 ALL THAT portion of Glebe Road 159 shown as the shaded area on that 160 certain plat referenced above, and 161 more particularly described as 162 follows: 163 BEGINNING at a point at the 164 southwestern intersection of Glebe 165 Road (50' & var. r/w) and Princess 166 Anne Road (70' r/w - State Route 167 #165), thence proceeding along the 168 southern line of Princess Anne 169 Road - Route 165 on a bearing of 170 S 531 55' 13" E a distance of 171 77.71 feet to a point of curve; 172 thence turning and proceeding back 173 towards the point of beginning 174 along a curve to the left having 175 a radius of 20.0' and a length of 176 36.141 to the point of tangency, 177 said point also being in the 178 eastern line of Glebe Road (50' & 179 var. r/w); thence proceeding along 180 the eastern line of Glebe Road 181 (50' & var. r/w) on a bearing of 3 182 S 23, 261 57" w a distance of 183 242.93 feet to a point; thence 184 turning and proceeding in a 185 westerly direction crossing Glebe 186 Road right-of-way on a bearing of 187 N 66, 371 0511 W a distance of 188 50.82 feet to a point, said point 189 being in the western line of Glebe 190 Road (501 & var. r/w), said point 191 also being the dividing line of 192 Parcel B (M.B. 77 p. 1) now or 193 formerly property of city of 194 Virginia Beach (D.B. 2681 p. 298) 195 and Parcel A (M.B. 77 p. 1) now or 196 formerly Sovran Bank (D.B. 1077 p. 197 59); thence turning and in a 198 northerly direction along the 199 western line of Glebe Road (50' & 200 var. r/w) along a bearing of N 23* 201 221 5511 E a distance of 279.43' to 202 a the point of beginning. 203 Said parcels of land are shown on that certain 204 plat entitled "RESUBDIVISION OF PROPERTY OF THE CITY OF VIRGINIA 205 BEACH AND SOVRAN BANK, N.A. D.B. 1077 P. 59 AND CLOSED PORTION OF 206 COURTHOUSE DRIVE AND GLEBE ROAD PRINCESS ANNE BOROUGH VIRGINIA 207 BEACH, VIRGINIA," which plat is to be recorded in the Clerk-s 208 Office of the Circuit Court of the City of Virginia Beach, 209 Virginia, upon adoption of this ordinance, and is made a part 210 hereof by reference. 211 SECTION II 212 A certified copy of this Ordinance shall be filed 213 in the Clerk-s office of the Circuit Court of the City of Virginia 214 Beach, Virginia, and indexed in the name of the City of Virginia 215 Beach and Sovran Bank, N. A., as Grantees. 216 217 Adopted: September 4, 1990 FINAL APPROVAL A@7 4 e 2i F- n.w ., f.,@erly :c JANET D. DUFFEE,ET ALS S2 DB 2786 P@0226 Ld N 39'1 -57'15" RCEL A 121,942 sq- ft. 2.7994 acres NORTH COURTHOUSE LOOP 7 50' RIGHT-OF-WAY HEREBY DEDICATED TO THE CITY OF VA. BEACH C6 - Ln CD PA 71,@ 1.6518 a, @PRCFL C EASEMENT M8 C), P.7 P.1084 w 6B' p", p.249 rAy Li lorme t4@P,t- TF'F? 0 p4Bl (h PARCELC < 49,046 CL l@1259 a.r IN RE 55'1 3' E 5' RESUBDIVISION OF Pf PROPERTY OF THE CITY OF VIRGIN AND ALL EXISTING 's AND'OR SOVRAN BANK, RIGHT-OF-WAY LINES HEREBY VACATED-TYPICAL. D.B.1077 P.59 AND CLOSED PORTION COURTHOUSE DR AND GLEBE ROi PRINCESS ANNE BOROUG MRGINlA BEACH,IARGINIA SCALE: 1" = 100' 28 TY FP-!-,FliF@ll Gallup Surveyors & Engineers 315 Fi,,t (;.l .... i@l Fi@,d )ISON B[-VD. (110' RIGHT-OF WAY) ViH(i[NIA bEACii. VIHCINIA 2@ Pi,..@. 428-8132 P.38,39 - 24 - Item V-K. 1. NEW BUSINESS ITEM # 33421 ADD-ON Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: A Resolution requesting the State Board of Health to Delay Implementation and Enforcement of its Private Well Regulations. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 A RESOLUTION REQUESTING THE STATE 2 BOARD OF HEALTH TO DELAY 3 IMPLEMENTATION AND ENFORCEMENT OF 4 ITS PRIVATE WELL REGULATIONS 5 WHEREAS, the State Board of Health recently has 6 promulgated new regulations pertaining to the construction of 7 private water wells; and 8 WHEREAS, such regulations became effective on September 9 1, 1990; and 10 WHEREAS, the application of the regulations will have a 11 drastic impact upon many of the citizens and businesses of the 12 city of Virginia Beach; and 13 WHEREAS, the great majority of the citizens and 14 businesses most affected by the regulations were unaware of the 15 fact that the regulations were under consideration by the Board 16 and therefore had no meaningful opportunity to participate in the 17 public conunent process so as to make their views known to the 18 Board; and 19 WHEREAS, in many instances, the application of the 20 regulations will cause substantial hardship to families and 21 businesses in the City of Virginia Beach; 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 23 CITY OF VIRGINIA BEACH, VIRGINIA: 24 That the State Board of Health be, and hereby is, 25 requested to delay implementation and enforcement of the private 26 well regulations until July 1, 1991, so as to allow the General 27 Assembly to review the enabling legislation set forth in Section 28 32.1-176.4 of the Code of Virginia, as amended, and to establish 29 the parameters for regulation of private wells; and further, to 30 allow the citizens and businesses which are, or may be, affected - 25 - Item V-L. 1. AD,JOURNMENT ITEM @ 33422 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 2:26 P.M. B@, Chief Deputy City Clerk I Hodgeg' Smith, CMC Oberndorf City Clerk City of Virginia Beach Virginia