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OCTOBER 25, 1994 MINUTES it 3 f- N7i 1- " i I I i f II i I "WORLD'S LARGEST RESORT CITY" (:I'I-Y (@OLJN(:Il, CITY COUNCIL AGENDA OCTOBER 25, 1,994 CITY MANAGER'S BRIEFINGS - Council Chamber - 3:00 PM A. PARKING - CROATAN, L IT7LE ISLAND and OCEANFRONT Ralph A. Smith, Director, Public Works B. STORM WATER ENTERPRISE FUND Ralph A. Smith, Director, Public Works INFORMAL SESSION - Council Chamber - 4:30 PM A. CALL To ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. CITY COUNCIL CONCERNS D. RECESS TO EXECUTIVE SESSION FORMAL SESSION - Council Chamber 6:00 PM A. CALL To ORDER - Mayor Meyera E. Oberndorf B. INVOCA-NON: Reverend Thomas P. Reynolds, Jr. Heritage United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CER-nFICA71ON OF EXECUTIVE SESSION F. MINUTES I INFORMAL & FORMAL SESSIONS October 11, 1994 G. PUBUC HEARINGS 1. SPECIAL SERVICE DISTRICT SANDBRIDGE 2. CITY CHARTER AMENDMENT ELECTORAL PLAN H. RESOLUTIONS/ORDINANCES 1. Resolution to request the General Assembly AMEND the Charter of the City of Virginia Beach, Virginia, re the existing Counclimanic Electoral Plan. 2. Resolutions to program the Virginia Department of Transportation's (VDOT) urban system highway projects; and, that the City pay its share of the total costs: a. Improvement of Laskin Road from Birdneck Road to Pacific Avenue (Laskin Road, Phase 11, CIP #2-165), a distance of approximately 1.0 miles. b. Improvement of Laskin Road from Route 44 to First Colonial Road (Laskin Road, Phase Ill, CIP #2-264), a distance of approximately 1.4 miles. C. Improvement of Ferrell Parkway from Landstown Road to North Courthouse Loop (Ferrell Parkway, Phase 11, CIP #2-305), a distance of approximately 2.2 miles. d. Improvement of Ferrell Parkway from Princess Anne Road to General Booth Boulevard (Ferrell Parkway, Phase V, CIP #2-096), a distance of approximately 2.7 miles. Deferred: September 13, 1994 3. Resolution to authorize the City Manager to submit an application to the Virginia Department of Transportation (VDOT) for the award of a Grant to assist the City of Virginia Beach in its efforts to enhance its on-going Alternative Fuel Program. 4. Ordinance to DECLARE EXCESS PROPERTY a sixty-six (66)-foot-wide strip designated as Parcel C, running between Indian River Road and Princess Anne Road (a former railroad right-of-way) in the petition of J. Harry and Katheryn H. Mote; and, to AUTHORIZE the City Manager to dispose of same (PUNGO BOROUGH). Deferred: September 20, 1994 5. Ordinance to ADOPT the Virginia Beach Outdoors Plan; and, authorize the City Manager to execute the Virginia Beach Outdoors Plan Workplan Summary. 1. 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 . Resolution to authorize the Director of Finance to make payment on lost Minibonds, (General Obligation Public Improvement Minibonds, dated October 12, 1994, maturity): a. R-305 $ 500.00 Peggy B. Simmons and Tracey J. Franklin, 909 Maryland Avenue, Virginia Beach, Virginia b. R-251 and R-252 $10,000.00 each Herman J. and Mary A. Cooper, 193 Commodore Drive, Norfolk, Virginia 2. Ordinance to formalize acceptance of the Courthouse Elementary School Site for the Pendieton Child Service Center; and, authorize the City Manager to execute the necessary documents to accomplish this acceptance. 3. Ordinance to authorize License Refunds in the amount of $59,013.92. 4. Ordinance to authorize Tax Refunds in the amount of $1,268.65. J. PUBLIC HEARING 1. PLANNING a. Ordinance for :)nment in the Petition of LAWRENCE A. SANCILIO, RACHEL V. SANCILIO, LENA SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET SANKIVIRGINIA, Trustees under the Will of Israel Steingold, (LYNNHAVEN BOROUGH): (1) Wagner Street - Beginning at the Southern boundary of Bonney Road and running in a Southerly direction a distance of 1096 feet more or less to the Northern boundary of the Virginia Beach-Norfolk Expressway. (2) First Street - Beginning at the Western Boundary of Avenue E and runni'ng in a Westerly direction a distance of 349.78 feet. (3) Avenue E - Western 25.01 feet, beginning at a point 200 feet South of First Street and running in a Southerly direction a distance of 214.67 feet to the Northern boundary of the Virginia Beach-Norfolk Expressway. Deferred Indefinitely: July 6, 1993 Deferred for Compliance: September 28, 1993 Deferred additional 180 days: April 12, 1994 Recommendation: ADDMONAL 180 DAY DEFERRAL b. Application of THE FIRST LYNNH"EN BAPTIST CHURCH for a Permit for a church at the Northeast corner of Salem and Lisban Roads (2336 Salem Road), containing 15.748 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL C. Applications of HAYDEN 1. and SHERRI R. DUBAY for i f Z-onina District Classifications on the North side of Shore Drive (4360 Shore Drive) (BAYSIDE BOROUGH): (1) R-7.5-R 1 ential District to 1210 feet more or less East of Greenwelf Road, containing 21,126.6 square feet. (2) B-2 Co to -1 ffic - t( t, 1285 feet more or less East of Greenwell Road, containing 20,778.12 square feet. Recommendation: APPROVAL d. Application of RAMON W. BREEDEN, JR. for a i n from I to Ei Sinnle- 'i tri t at the Southeast Intersection of South Military Highway and the Eastern Branch of the Elizabeth River (320 South Military Highway), containing 11.640 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL K. APPOINTMENTS COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE (CAC) HISTORICAL REVIEW BOARD PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COIG) TRANSPORTATION SAFETY COMMISSION L. UNFINISHED BUSINESS 1. CITY COUNCIL POLICY: Cash Payment in Lieu of Park Reservation M. NEW BUSINESS N. ADJOURNMENT 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 (TDD - Telephonic Device for the Deaf) 10/20/94cmd AGENDA\l 0-24-94.PLN M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 25, 1994 MaYOr Meye- E. Ober dorf cal ed to ordr the CITY NAGE 'S B EF NG o he GIN t' I c AL4 R Pi t WR L4 BEACH CITY COUNCIL in the Coulicil Chamber, ("ity flall Buildiiig, oii TuesdaY, October 25, 1994, at 3:00 P.M. Council Members Present: John A. Bauin, Liitwood 0. Branch, III, Robert K. Deari, William W. Harrison, Jr., Barbara M. Henicy, Louiv R. Joile@y, J(,I,,l D. Mosv, Mayor Meyera ". Obe"iei()rf, A'alicy K Parkcr aiid Vic@e MaYor William D. Sessoms Council Members Absent: Louisa M. @trayhor,, [FN7!,,Rl,.I): 3.22 II.M.1 @Ice MaY- 5essoms, being a corl)orate officer of Ceritral I,-id(,,Iity Ba,,k@ disclosed there may be matters on the agenda in which he has a ')?ersonal interest" as defined in the Act, either individually or in his capacity as an officer of Central Fidclity Bank, The Pice Mayor regularly makes this Disclosure as hc may or may not know of the Bank'.v ifiterest irt ayiy applicatioit that may come before City CounciL P-Ice Mayor Sessoms' letter of @epicmber 27, 1994, iv hereb), made a part of the record. 2 CITY MANAG ER'S BR]E FIN G PARKING - CROATAN, LITTLE ISLAND AND OCEANFRONT 3:00 P.M. ITEM # 38484 Henry Ruiz, Director - Parkitig Systems, summarized the revetiues generated from various components of the Parking Enterprise Progrant with the utilization ()f slides. The Parking Lot Revenue Comparison (May 18 - September 21) reflects a difference in the revenues from 1993 ($252,581) to 1994 ($271,075) of approximately $20,000. This is basically attributed to the addition of the 25th Street Parking Lot. However, revenues have been lost from the Fourth Street operation. 7he Municipal Parking Lots reflect stability. Mr. Ruiz displayed the chart depicting the comparisons of revenues generated for the month of August. Aere is approximately a $12,000 loss of revenue for that particular mont/4 which can be attributed to several factors. More vehicles are utiliziiig Yhort term parkitig ()n the streets. Some of the preparations for demolishing the Dome had an impact on the utilization of that facility. Ihe chart depicting the vehicle comparison for August further colifirms the $12, 0()0 h)ss depicting 2600 less vehicles that utilized the facility. Mr. Ruiz rt@fercnced the 25th Street Parkitig Lot Chart, 7his graph displays the Total Revenues of $48,594.00 frotn flie time flic l(@t was opeii(@d (@ii Juiie 1.5, 1994 through September 30, 1994. Parking nieters cotitribute the majority of funds to the Parking Enterprise Program. Mr. Ruiz cited the actual revenue comparison fi-om May through @eptember: 1993 - $507,016, and 1994 - $539,304. Mr. Ruiz cited the Revenue derived front Parking Tickets ivvued by Ilolice and Parking @ystems. 1994 $207,233 $153,040 ACTUAL TICFXTS COLLECTED AND ACTUAL REVENUES AS OF SEPTEMBER 30,1994 040.00 7,233.00 273-00 RESIDENTIAL PARKING PERMIT 1111OL14TIONS TICKETS ISSUED Januarv 1. 1994 - October 4, 1994 TYPE OF VIOL4TION PENALTY sidential Parkiitg Iermit $ 50 00 SUMMARY OF ACTUAL REVENUES RESIDENTL4L PARKING PERMIT 1,7OL4TIONS January 1, 1994 - October 4, 1994 Permit 1rogram October 25, 1994 - 3 - CITY MANAGER'S BRIEFING PARKING - CROATAN, LITTLE ISL4ND AND OCEANFRONT ITEM # 38484 (Contiiiued) The Parking Systems personnel who issue tickets will be on the same radio frequency as the police, thus these individuals will have direct contact with the police to itif(@rm them of violati()tis. The Parking System Contractors are issuing more tickets than the Police; howevt,r, th,, reveriucs are reversed The Police write high value tickets i.e., handicapped parking, el cetera. Approximately 5,000 Virginia Beach residents utilized the flarkitig facilities at the City Decal reduced rate with usage at the Dome, 25th, 19th Streets and Sandbridge. 7he 7otal amount collected at the $1.00 rate was $4,887 for the period from August I to September 2, 1994. Ihis equates to a loss in revenue of approximately $15,000. A total of 3,139 local residents took advantage of the discount at the Little Island Parking Lot during the period August 1, 1994 through Septeniber 5, 1994. The Park and Ride Program was iiiiiiated thiv year. Iarkiiig all,@itda@its givc each patron four free trolley tickets and a discoutit ticket to th(, Mariiie Sciciice Museum. ()II(, ()ut of ev,cr.y scv,eii return to ride the trolley. ]'he Parking Lot Revenues for the Mutticipal Lots copitribuf(, the least ai?lount of revenues to the Parking Enterprise Fund. PARKING ENTERPRISE FUND FY 94-95 INCOMEIEXPENSE .5UMMARY Anticipated Inconie (FY 94-95) Parking Mett,rs S 539,000 Parking Lots 5 271,000 Parking FillesIPeiialties S 400,000 RPPP DecalYII'asses $- 6-540 TOTAL $1,216,540 ExpenseslObligations Enterpri.ve Iurid Operatitig Budget $ 463,000 (,'erieral l@urid Indirect Services s 100,000 CIP - Citvwide Parking $ 53,000 T(Ill" $ 150,0()0 S400-000 7'(,IF from l,iiiesll'ettatties (.'ollected TOTAL $1,166,000 Parking Eiiterpriy(- I,@und Retaiiied I,,@ariiiiigs 50_54() TOTAL $1,216,540 Mr. Ruiz displayed a breakdown ()f the origin of the City's public parking customers. 77ie survey was conducted by parkiiig lot aftendaitts apid meter etiforcemeilt perV()iifiel. ()Ver 14,500 vehicles were surveyed from May I through September 30, 1994, a@id ideiitified bv ('it- (if-cals or licefise plates. October 25, 1994 - 4 - CITY MANAGER'S BRIEFING PARKING - CROATAN, LITTLE ISLAND AND OCEANFRONT ITEM # 38484 (Continued) Mr. Ruiz reiterated the 1995 Parking Matiagei7zent Initiatives Hourly Parking Rates for Municipal Lotv: 25th Street With the installati()ri of a ticket dispeiiser, it is practical and feasible to adjust parkitig fees to aii hourly rate. lhe coiiversion can be accomplished for flie 1995 openitig ()f the parkilig facility atd an estimated cost (,f $32,000. Other Municipal Lots Due to the uiicertairity of the future devcl()pmt,)it (if flie 19th ,;trect Lot, it is recommeiided iiot to iiiv,est iii Ill(, equipm(-iii iiee(led to (-oni,ert day rate use to hourl-v rates. Parking Merchatit l"alidatioit Once hourly rate@v for parking at the 25th @tre(,t Municipal I'arking Lot are established, a parkirig validation program (ali be implemeiiied. 1995 RPPP Prograi?i Currently the staff iv coordiiiatitig (,@itywid(, public itiput to develop recommendatiotis for itext year's program. 7hi@se r(!commendations will be brought to City ("Outicil for approval iii I)e(ember. Parking Managenielit Operatiolis Parking Lot Dates and Hours of Operatioll Current ]9th .5treet, Dome, 25th @treet, and 4th ,;Ireet May 15 - ;eptember 30 8. 00 A.M. 12:00 A.M. Proposed 19th Street, I)ome, 25th SUreet, a)id 4th Street April I - Septemb(,r 30 8.00,1.M. 2:00 P.M. Current Sandbridge (2 Lotv) 9:00 A.M. - 5:00 l@M. Memorial I)ay Week@@ild - Lab(@r I)av Weekeiid Proposed Sandbridge (2 Lotv) 9:00 A.M. - 5:00 ],.M. Memorial Day W(!cke@ld - Labor Daj) Weekeiil October 25, 1994 5 CITY MANAGER'S BRIEFING PARKING - CROATAN, LI7TLE ISL4ND AND OCEANFRONT ITEM # 38484 (Cotitiizued) Parking Meter Enforcemelit Current May I @eptember 30 *8:00 A.M. - 12:W A.M. Proposed April I @eptember 30 18:()O A.M. - 2:00 A.M. *Coritractual ciiforccment (I'olice will c()iitillu,, t,) elif(@rce uiitil 6:00 A.M.) Residential Parkiiig Pernzit Progralti E17forcef?zelzl Current April I - October 31 *S:00 A.M. - 2:00 A,M. Proposed Ipril I - @eptember 30 *8:00 RM. - 3:00 A.M. *Coiitractual ciiforc(,Ment (Police will contiiiui- to criforce upitil 6:00 A.M.) FY95-96 BUDGET CONSIDERATIONS Coiitract for Ilaiidicap T--itforccment (,'itywid,- Utilize Iland-held licket Writers Utilize Vehicle imm()bilizerv (Bootv) ft@r ';c-offlaK,.@ u)i(i Iii( rease Park-ing Ticket Collectio)i Ffforts Develop PFPfor (,(imprehensive Parkiitg Systeni aiid 1,@iiiancial Analysis. October 25, 1994 6 CITY MANAGER'S BRIEFING STORM WATER ENTERPRISE FUND ITEM # 38485 BY CONSENSUS, City Cc)uncil PESCHEDULED the STORM WATER ENTERPRISE FUND BRIEFING until the City C()uticil @,vsiori of November 1, 1994@ October 25, 1994 - 7 - ITEM # 38486 Mayor Meyera E. Obcrnd()rf called to order the INFORMAL SESSION of the 117RGINL4 BF,4CH CITY COUNCIL in the Council Chamber, City flall Buildi@ig, ori 7@u(,sday, ()ctobc,r 25, 1994, at 4:00 P.M. Council Members Preserit: Johrt A. Baum, Liitw()od 0. Brallch, III, R()bcrt K Deali, William W. Ilarrison, Jr., Ilarbara M. fienley, Louiv R. Joiies, John D. Moss, Mayor Meyera E. Oberri&)rf, Na;icy K I'arker, Vic-e Wtiyor William 1). @essoms, Jr. and Louiva M. .5trayhorii Council Members Absent: Non e October 25, 1994 8 CITY COUNCIL CONCERNS ITEM # 38487 Council Lady Henley referenced the issue of Excess Property and inquired if the City declares certain property excess, and theti invites the adjoining proeprty owners to apply to purchase same, or can someone simply apply to purchase property that has not been declared "excess The City Manager advised it was his understanding it could work either way. 7he City Council asked, in the past, that the Staff systematically review City-owned parcels to determine if there is property that can be disposed A significatit number ()f itidividuals ititerested iti the propertv have initiated the requests, as opposed to the City initiating same. Council Lady Ilenley expressed c@oiicerii relative the iiidividual i@icurriiig all tlic costs of providing the survey, plats, etc., as same may or may not be approved bv (,'itv (,'oulicil. Per City Council &rection, the City Matiager advised the @taff has itistituted a new procedure and will bring thcse requests to City Couyicil'.v atietition, prior to the iii(livi(lual iticurritig this expense. Council Lady Henley refereticed the Ordinance t() DECLARE EXCESS PROPERTY a sixty-six (66)- foot-wide strip desigriated as I'arc el (,@, runnitig betweeii Iiidiaii River Road and l@riticess Anne Road (a former railroad right-of-way) iii flie petition of J. Harry and Kathetyn H. Motel and, to AUTHORIZE the City Manager to dispc@se ()f,@am,@ (I'UN(;O BOf?OU(;II)(Sc(, ltcm iii-II.4 of the Formal Agenda). The City Manager advi.@ed the proper4@ )wiier illitiated thiv request (ilid s,ume K,as d()Pl(, prior to.@taffs change in procedure. ITEM # 38488 Councilman Baum advised a problem relative Stormwater Management in the rural area which needs to be addressed as it appears this iv tiot necessary in the southern eiid of the City. For this area of the City to pay fees for very little services is itot proper. Revisioiis migl7t be neccssary to the ordinance. ITEM # 38489 Councilman Moss presented a status rep()rt colicernitig the Joint School BoardICity Council VOTEC Center. A meeting was held last week which Couticil l,ady Parker, interested business and Navy representatives attended. 7hey are on schedule to deliver the t()p five-to-ten career fields which this facility should cenicr ()n by November 9, 1994. 7he site selecti()ii vhould be dclermined by November 15, 1994, and then move forward to size out the facility to supp()rt the @chool Board's CIP request. Councilman Moss will be coordiiiaiiiig with t/ic City Matiag,,r rt,laiii@c- ilic debt available to irivest in such a facility. Councilman Moss will forward iiift)rtnalit)ii t(@ Membcrs of City C()uiicil iii ili,,ir Agepida packages. ITEM # 38490 Mayor Oberndorf referenced correspondence from Michael Ncws()mc, Legislative and Regulatory Affairs Committee for the Tidewater Builders Associatioii. Mr. Newsome requestcd Building Code violations be made a civil penalty instcad of a criminal penalty. Same was revi(@wed by the (,ity Attorriey's office and Permits and Inspections who determitied thiy change would n(it be t,()St-cffective. I'he Building Code could not be criforced without episuritig compliatice with applicable coiistructioii staii(lardy. October 25, 1994 9 ITEM # 38491 Mayor Meyera E. Obertidorf eritertained a mOt'.or, to Permit ('ilv Couticil to conduct its EXECUTIIE SESSION, pursuant to 5ecti(,ii 2.1-344, Code of ri@qil,ia, as amelided, for the f()Ilowing purpose: PERSONNEL MA TTERS: Discussiori or c()nsideration of or ititerviews of Prospective candidates for employment, assignment, appointment, Promotion, performance, demotion. salaries, disciplinitig, or resignation of specific public ()ffzcers, aplg)iritees, ()r empl()yees pursuant to ,;ection 2.1-344 (A) (1). To "'It: Appoiiitmetits: Boards and C(,mmisvio,ts. Commurtity I)evelopmeiii Citizeii Adviyor-v Committee Ifistorical Review Iloard l@blic Library Board Review and Allocatioii Cotnmitice 7'rafl,vportation @fety (,'ommivvion PYBLICLY-HELD PROPERTY.- Discussioii ()r considtratiort of the condition, acquisitioti, or use of real property ft)r public purpose, or of the dispositi()n ()f publicly -held property, or of plaiis f()r the future of an institution which could affcct the value of proj)erty owiied or desirable for owiier,vhip by such iiistitutioii pursua?it 2.1-344(A)(3). To-Wit: Acquisitioii of 1roperly - 1riiitcss Ait)t,, B()rough LE ER '.- Consultation with legal counsel or briefings by staff members, consultatilv, or attorneys pertainitig to actual or probable litigation, or other specific legal matters requestilig the provisi()ns of legal advice by couiisci pursuant to @ectiorl 2.1 -344(A)(7). To-Wit: Pool (,,orrosi(Iii Recreatioll Centery Legal Issu(,,y AmpIlitheater Real Fviat(, Mattf,rv - Virginia Ileach Boroughl I,-viinhaveii florough Upon motion by Vice May()r @ess(@ms, secoiided by Council l,adil I'arker, City Council voted to proceed itito EXECUTIVE SESSION. Voting: 11-0 Council Members Votitig Aye, John A. Bauin, l,iriwood 0. Brapich, III, Robert K Deaii, William W. Harrison, Jr., Barbara M. Henley, Louiv R. Jolies, Johil D. Moss, Mayor Meyera E, Obe"idorf, Nancy K Parker, Vice May(@r William D. ,;ess()ms, Jr., and Louisa M. Strayhorti Couricil Memberv Votiiig Nay: None Council Members Abserit: Noric October 25, 1994 - 10 - FORMAL SESION 117RGINL4 BEACH CITY COUNCIL October 25, 1994 6:00 P.M. Mayor Meyera E. (.)berndorf called to order the FORMAL SESSION of the VIRGINL4 BE,4CH CITY COUNCIL in the Couticil Chamber, City Ilail Builditig, on Tu@@,vday, October 25, 1994, at 6:00 P.M. Council Members Prcsent: John A. Baum, Litiwood 0. Branch, III, Robert K Dean, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Mosv, Mayor Meyera E. Oberridorf, Nancy K Parker, Vicc May()r William D. @(,'ssoms, Jr. and Louiva M. ';Irayhorii Council Members Absent: Nopie INVOCATION. Reverend Th()mas P. Reynolds, Jr. fleritage Uiiited Methodist Church LEDGE OF ALLEGIANCE To THE October 25, 1994 Item III-E.I. CERTIFICATION OF EXECUTIVE SESSION ITEM # 38492 Upon motion by Vice Mayor Sessoms, seconded by Council Lady I'arker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfwly exempted frotn Open Meeting requirement.v by Virgiriia law were discussed iii ll:xecutive Sessioll to which this certificatioii resolution applies, AND, Oiily such public business matters as K,ere ideritified in the inotion corivening the l@ecutive 5ession were heard, &s(,uvyed or consi(lered by Virginia Beach Cio,@ (,outicil. Voting: 11-0 Couticil Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Johri I). Mosv, Mayor Meyera E. ()berridorf, Naticy K Parker, Vice Mayor William D. @essams, Jr., and Louiva V. ';trayhorij Council Members Voting Nay: None Coupicil Members Absepit None October 25, 1994 argo, CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: Tlr Virginia Beach City COuncil conven d into EXECUTIVE SESSION, rm C Pursuant to the affi ati,c vote recorded in ffEM # 38491, P@g, No. 9, and in accordance with the P-visiOns of The Virginia Freedom of Information Act; and, WHEREAS: Ssection '-).1-344. of the Code Of Vilginia requires a certiflcation by the governing body that u,h Executive Sessio, -as cojiducted 'n cOnf0mlitY with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hercby certifies that, to the best of each member's knowledgc, (a) only pubiic business matte,s lawfully exempted frorn Open Meeting requirements by Virginia law were discussed in Executive Session to which this ertification resolut: Ion applies; and, (b) only such Public business matters as were identified in thc MOtiOD convening this Executivc S ssion wcre heard, discussed or cOnsidered by Virgi,ia Beach City council CMC/AAE City Clerk October 25, 1994 - 12 - MINUTES ITEM # 38493 UP- -tiO bY ce May-. ess( ) , seconded by Counci L Minutes of the INFORMAL 'A;NDmFsORMAL SESSIONS 'of aOdcytoPbaerrklerl, CigtY Council APPROVED the n V 1 94. Voting: 9-0 (,'Ouncil Members Voting Ay,. John A. Baum, Robert K Dean, William W. Ilarriv()rl, Jr., iiarbara M Henley, Louiv R. Jon- MaY- Meyera E Oberridorf, Nall,y K Park,, L-i.,a M @trayhorit aild Vice Mayor William D. @essoms, Jr. Council Members votilg Nay. Noiie Couticil Members Ab,,tai,,itg: Liriwood 0. firan,,h, III, and Joln D. Moss Coulicil Members Absent.- Noiie Council Me)nbers Branch arid Moss ABS7AINEI) as they ,r,, ot iti alleildaiice duritig the City Council ,@essi- of October 11, 1994. October 25, 1994 13 - te- III-(-; PUBLIC HEARING ITEM # 38494 Mayor Oberndorf DECL4RED A PUBLIC HEARING: SPECIAL SERI'7CE DISTRICT - STNDBRIDGE 7he followirig spoke iii SUPPORT of the @pecial,@ervice District: Berttie Williamv, 2832 Saiidpiper Road, I'hone: 721-6418, I@rc@%ident of the ,;a@idbridge Beach Civic League Attorney R. J. Nutter, 1405 Blue Iferoii Road, plioije., 4,@1-6631, r(,preseiiied thirteell property owners iti Sandbridge Admiral Dick Dunleavy, 2200 ,;aiidpiper, Ihoil(,: 426-0225 Tom Fraitn, 2501 Sandfiddler, Ilhoii,,. 721-3366, represe)lfed th(- @@aiidbridge (,oalition Attorney Ed Bourdo;i, Photic: 499-8071, advived the casemetitv are slill acceplable and endorsed by the ocearifront properly owilerv. 7he following spoke iri OPPOSITION. Lou Pace, 1908 Ilunts Neck Court, I'lioiie. 468-092-5 Councilman Baum referenced corrc@YI)oiidttice from Charles @auh, III, ipi OppoSITION. Said letter is hereby made apart of the r(@cord. Thcre being no further speakers, Mayoi- ()I)erndorf CLOSED THE PUBLIC HE,4RING. October 25, 1994 - 14 m II-(; 2 PUBLIC HEARING ITEM # 38495 Mayor Oberndorf DECLARED A PUBLIC HEARING: CITY CHARTER AMENDMENT - ELECTORAL PLAN The followitig registered to speak iri SUPPORT of the (.@harter Imelidmelit: Les Fenlon, 2224 Scallop Road, Ilholic: 481-2501, represeiiied the (,ouncil (@f Civic ()rganizations Sidney Morecock 205 50th @ireet, I'h(@nc: 428-4192 Al @5trazzullo, 3120 Sandpine Roa(l, I'horte: 481 -(Y)24 Lou Ilace, 1908 Hunts Neck Court, Ilhone: 468-0925 The following registered in OPPOSITION. Judith Connors, 3958 "ispcriiig Oaks, Ihoni,: 464-3640 Deane Williams, 4220 .5andy liay Drii,e, I'h()tle. 464-3@388 7'here being no further speakers, Alavor Ober@idorf CLOSED THE PUBLIC HEARING. October 25, 1994 - 15 - te- III-H I RESOLUTIONSIoRDINANCES ITEM # 38496 Uport motion by Couticilman Moss, seconded by Count@ilmat, Dean, City Council ADOPTED. Resolution to request the (,eneral Assembly AMEND the Charter of the City of lirginia Beach, Vi@giiiia, re thc exivtirig Councilnwnic Electoral Plan. Votitig: 6-5 Council Members Votirig Aye: Robert K Dean, Barbara M. Ilenley, J()hll D. M(lsv, Mayor Me-Vera E. Oberndorf, Naricy K I'arker and Louiva M. @tray,ht)rti Couticil Members Voting Nay: Johii A. Baum, Litiw(N)d 0. Brallch, III, William W liarrivoii, Jr., Louis R Joiies and Vic-eWayor William D. @essoins, lr, (@ouncil Memberv Abserit: Norie October 25, 1994 1 AN RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY TO AMEND THE CITY'S 3 EXISTING COUNCILMANIC ELECTORAL PLAN 4 WHEREAS, the City of Virginia Beach desires the General 5 Assembly to amend the City's existing councilmanic electoral plan 6 to provide for division of the City into seven districts of 7 approximately equal population, with seven members to be elected 8 only by the voters of their respective districts, and three members 9 and the mayor to be elected by and from the City at large; 10 WHEREAS, S 15. 1-835 of the Code of Virginia provides that 11 11[i]n lieu of the election (referendum] provided for in SS 15.1-834, 12 a county or municipal corporation desiring the General Assembly... 13 to amend its existing charter may hold a public hearing with 14 respect thereto, at which citizens shall have an opportunity to be 15 heard to determine if the citizens of the county or municipal 16 corporation desire that the county or municipal corporation request 17 the General Assembly... to amend its existing charter"; 18 WHEREAS, pursuant to the provisions of S 15.1-835, the 19 City of Virginia Beach advertised a notice of public hearing and an 20 informative summary of the proposed Charter amendment at least ten 21 days prior to the scheduled public hearing; 22 WHEREAS, the aforementioned public hearing was held on 23 October 25, 1994; and 24 WHEREAS, based on the comments received from citizens at 25 the public hearing, City Council desires to proceed with requesting 26 the General Assembly to amend the City's existing councilmanic 27 electoral plan. 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 That, pursuant to S 15.1-835 of the Code of Virginia, the 31 General Assembly is hereby requested to introduce a bill in its 32 1995 session to amend the City's existing councilmanic electoral 33 plan in the manner provided in the "Proposed Amendment to the 34 Charter of the City of Virginia Beach" which is attached hereto as 35 Exhibit A, and is hereby incorporated by reference. 36 BE IT FURTHER RESOLVED: 37 That the City Clerk is hereby directed to transmit (1) 38 the publisher's affidavit showing that a notice of public hearing 39 and informative summary were duly advertised as required by S 15.1- 40 835 of the Code of Virginia; (2) certification that the advertised 41 public hearing was held at the Council's regularly-scheduled 42 meeting on October 25, 1994; and (3) a certified copy of this 43 Resolution, to one or more members of the City's local delegation 44 to the General Assembly. 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia, on the 25 day of Octol)er 1994. 47 CA-5745 48 ORDIN\NONCODE\ELECT.RES 49 R-3 50 PREPARED: 10/19/94 EXHIBIT A 1 PROPOSED AMENDMENT TO THE CHARTER OF THE CITY 2 OF VIRGINIA BEACH, VIRGINIA, BY AMENDING 3 SECTIONS 3.01 AND 3.02:1 AND ADDING SECTIONS 4 3.02 AND 3.02:1.1 PERTAINING TO THE DIVISION 5 OF THE CITY INTO DISTRICTS, AND COUNCIL 6 ELECTIONS 7 Sec. 3.01. Division of city into bereugho istricts, 8 of aeuneil. 9 (a) The city shall be divided into seven 10 districts Gne ef- sueh beietlejhs shall ----- 11 Beaeh as exist,'-ng ..... ---- ef- this- 12 Ghai-ter and shall be lkne1/2cn as the bereuejh ef 3Virejinia Beaeh, and- 13 the remaining si)f bet-eughs shall eemprise the si:m 14 disti-iets ef Pr-ineess mfn--- 15 pr-eeeeding the effeeti1/2,e date ef- s and of ar)proximately 16 egual ;)ot)ulation which shall be numbered..one through seven, lenewn 17 as the bei-eu de, B'-aelfwa------, 18 Pi-ineess Anne (fer-mer-ly ]e unei:l 19 shall eensist te- 20 be eleeted by the e, -y a-- "ar-g- f t-e r-es-'--- 21 the seven bereuejhs an-- ---r-ee mem--er-s an-- 22 and fr-em the eity at large. 23 (b) The boundaries and names of such districts shall be 24 established by ordinance on or before 25 thereafter. the b 11 be adiusted as E)rovided by law. 26 Bee. 3.02. Comt)osition of council. 27 On and after July 1. 1998. the council shall consist of 28 eleven members, including the mayor, one member to be elected by 29 the gualified voters of each of the seven districts from amona the 30 residents of each of the districts, and and the mavor 31 tQ be elected by and from the citv at large. 32 SOC. 3.02:1. Election of gammajimeft councilmembers. 33 There shall be a general election on the first Tuesday in 34 May in even-numbered years for the election of 35 councilmembers to replace those whose terms expire at the end of 36 June of that year. The term of office for each 37 councilmember shall commence on July I next following the date of 38 election and shall continue until his successor has been duly 39 elected and qualified. All eeune-*-Ifa( 40 eleeted fer- ter-ms ef feur years-. Each candidate shall state, at 41 the time of filing, whether he is running at large from the bereugh 42 rict of his residence, for an at-1 seat or for mayor. 43 Candidates for council shall be nominated only by petition in the 44 manner prescribed by general law. 45 Sec. 3.02:1.1. I i district plan, 46 (a) The ternr nf fh. 47 Blackwater, Princess Anne and Virginia Beach borouqhs at the 48 general election in May of 1996, shall expire on June..30, 1998. 49 (b) At the apnpral f 1998. the 50 qualified voter - - 51 elect a single member from thai, 52 four years, the districts numbered four 53 through seven s 11 elect a sin le memb 54 districts for terms of 55 city at large shall elect tw@ 56 years. Thereafter. all and the mayor shall be 57 elected for terms of four vears. 58 Adopted by the Council of the City of Virginia Beach, 59 Virginia, on the day of 1994. 60 CA-5745 61 ORDIN\NONCODE\CHARTER.AMD 62 R-2 63 PREPARED: 10/06/94 2 - 16 - Item 111-H.2. RESOLUTIONSIOP,DINANCES ITEM # 38497 A motion was made by Vice Mayor ';essoms, seconded by Council Lady Strayhorn to ADOPT Resolutions to program the Virginia Departmerit ()f Transp()rtation.v (VDOT) urban system highway projects (A -D). A motion was made by Councilman Moss to ADOPT A AND B and DENY C and D of the Resolutions to program the Virginia Department of Transportation',v (VDOT) urban system highway projects. Ihere being no SECOND, Motiori was WITHDRAWN. Upon SUBSTITUTE MOTION by Councilman Dean, seconded by Council f,ady Henley, City Council DEFERPXD to the Noveniber 22, 1994, City Council Session: Resolutions to program the Virginia Departmeiit of Tran@vportatioii',% (1,DOT) urbati vystem highway projects, and, that the City pay its vhare of the total costs: A. Improvemeitt of Laskiii Road from BirdriecA I?(,ad to I'acific Avenue (Laskin Road, Phase II, CIP #2-165), a distan(c of appr()ximately 1.0 miles, B. Improvemeiii of Laskitt Road from Route 44 to 1,@irst Colonial Road (Laskin Road, Phase III, CIP #2-264), a distaiice ()f appr()ximately 1.4 miles. C Improvemetit of I,errcll Parkway from Laiiiyt(@wii Road to North Courthouse Loop (Ferrell Parkway, Phase II, CIP #2-305), a (iivtaiic,c ()f approximately 2.2 miles. D. Improvemetit (,f l-,errell Parkwa)@ from Iritic-ess Anne Road to General Booth Boulevard (Ferrell Parkway, Phase l@ CIP #2-096), a distance of approximately 2.7 miles. (A Briefing is scheduled for the N(i,,(,mber 15, 1994, ('ity, (ouii@ ii W(,rkshol)) Voting: Ii-o* Couricil Members Voting Aye: John A. Baum, Liriwood 0. Branch, III, Robert K Dcaii, grilliam W Ilarrison, Jr., Barbara M Hepil(,y,*L()uis R. J()n(,s, John D. M(@.vs, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Ma l,or William D. @esst)ms, Jr., and Louisa M. .@trayhorri Council Members Voting Na),: Non e (.@ouncil Members Abstaiiiiiig. *Louis R. J()iies 1,ERBALL Y ABSTAINED oii Item 2c as thiv particular road froiitv pr(@perA@ he ow)is. Council Members Absent: No?le October 25, 1994 - 17 - RESOLUTIONsIOPD,[NANCES ITEM # 38498 Up- -06on bY l"Ce Mayor se-,,ded by (ouncilmat, M(,,,,, City Council AD40PTED: Resolution to authorize the City Ma,lager to submit a?' applicatiot, to th, Virginia Department of TransPortation (VDOT) f(,r the award of a Grant lo assis7i the City of Virginia Beach iti its efforts to ciihaii(e ity oii -g()ing Alternative Fuel Progran,. Volitig: 11-0 Council Members Voting Aye. John A. Baum, Littwood 0. Branch, III, I?,,b,r, K I)ea,,, William W. HarrisOti, Jr., Barbara M. Henley, Louis R. Jones, Joh,, D. Mo,.V, Mayor Meye- E. Obertidorf, Nailcy K Parker. ViceAlay(,r William D. 5essoms, Jr., alid Louiva M .@frayho,, Council Members Voting Nay,. Notie Council Members Absett: Noile Ocfober 25, 1994 1 A RESOLUTION AUTHORIZING THE CITY 2 14ANAGER TO SUBMIT AN APPLICATION TO 3 THE VIRGINIA DEPARTMENT OF TRANS- 4 PORTATION FOR THE AWARD OF A GRANT 5 TO ASSIST THE CITY OF VIRGINIA BEACH 6 IN ITS EFFORTS TO ENHANCE ITS 7 ONGOING ALTERNATIVE FUEL PROGRAM 8 WHEREAS, the Clean Air Act passed by Congress requires 9 localities to develop strategies for the use of alternative fuels; 10 WHEREAS, the City of Virginia Beach wishes to enhance its 11 ongoing alternative fuel program; and 12 WHEREAS, grant funds are available from the Virginia 13 Department of Transportation for the purpose of supporting 14 alternative fuel programs by assisting localities with the costs 15 incurred in the implementation and enhancement of such programs. 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 That City Council hereby authorizes the City Manager to 19 submit an application to the Virginia Department of Transportation 20 for the award of a qrant to assist the City of Virginia Beach in 21 its efforts to enhance its ongoing alternative fuel program. 22 BE IT FURTHER RESOLVED: 23 That the City Clerk is hereby directed to forward a 24 certified copy of this Resolution to the Virginia Department of 25 Transportation. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the -25 day of October 1994. 41 F' , TO 28 CA-5754 29 ORDIN\NONCODE\FUEL.RES 30 R-1 31 PREPARED: 10/19/94 - 18 - RESOLUTIONsIoRDINANCES ITEM # 38499 J. Harry Mote, 4307 Ocean Fro)it Avenue, Phorie: 499-8533, the applicant UPOn motion by Councilman Baum, seconded by Vice May- ;(,,vsoms, City Coulicil ADOPTED: Ordinance tO DECL,4RE EXCESS PROPERTY a sixty-six (66)-foot- wide strip desigiiated as Parcel C, rulining betweell Indian River Road andPrincessAnne Road (aformer railroad right-of-way) in thepetition of J. Harry and Katheryn H. Mote; and, to AUTHORIZE the City Manager to disp()Sc ()f Yame (PUN(,'O BOROU(;Il) The following conditi()tl shall be required. 1. l@rchaser iy required to have a rt,-subdivisioit plat prepared to eliminate l(@l lines betweeii areas of like ,witervhip. Voting: 7-4 C()uncil Members Voting Aye. John A. Baum, Liitwood 0. Brarick III, Robert K I)ean, William W. Harrison, Jr., Loui,@ R. Joyies', @ice Mayor William I). Sesvoms, Jr., and Louisa M. @tra- h(,i-ii Council Members Voting Nay: Barbara M. lienley. John D. Moss. Mavor Mt@yera P,. Oberpid()rf and Nancy K Parker Council Membery Absent: None October 25, 1994 1 AN ORDINANCE DECLARING CERTAIN 2 PROPERTY EXCESS AND AUTHORIZING THE 3 CITY MANAGER TO DISPOSE OF SAME 4 WHEREAS, the city of Virginia Beach accfuired ownership 5 of the following described property by deed recorded in Deed 6 Book 2417, at page 1540; and 7 WHEREAS, the city Council is of the opinion that the 8 following described property is in excess of the needs of the City 9 of virginia Beach. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 1. That the followinq described property is hereby 13 declared to be in excess of the needs of the city of Virginia Beach 14 and that the City Manager is authorized to convey said property in 15 the manner he deems in the best interests of the City of Virginia 16 Beach reserving therein any and all easements pertaining thereto, 17 and further that such property be declared in excess of the needs 18 of the City and is more particularly described as follows: 19 All that certain lot, piece or parcel of land situate in 20 the City of Virginia Beach, virginia, and being 21 designated as "PARCEL C" as shown on that certain plat 22 entitled: "PLAT SHOWING PARCEL C PROPERTY OF THE CITY OF 23 VIRGINIA BEACH, PUNGO BOROUGH--VIRGINIA BEACH, VIRGINIA 24 SCALE: lll= 601 DATE: MAY 2, 1994,11 which said plat is 25 attached hereto as "Exhibit All and shall be recorded in 26 the Clerk's office of the Circuit court of the City of 27 Virginia Beach upon approval. 28 2. This strip of land shall be incorporated into 29 purchaser's contiguous property by resubdivision thereby 30 eliminating all internal lot lines. 31 3. Subject to the provisions of ordinance No. 92-2112C 32 (Water Supply Emergency ordinance), as amended, any building site 33 created shall connect to public water and sewer where available. 34 4. This ordinance shall be effective from the date of 35 its adoption. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 25 day of October 1994. CONTEN 38 CA-5706 39 ORDIN\NONCODE\Moteexcs.Ord te 40 R-2 41 9/28/94 CY This Doed of EASEMENT, made this _ day of , 1994, by and between J. HARRY MOTE and KATHERYN H. MOTE, husband and wife, Grantor, party of the first part, and the CITY OF VIRGINIA 13EACH, a municipal corporation of the State of Virginia, Grantee, party of the second part. WITNESSETH: Whereas, by a certain Quitclaim Deed of even date herewith and duly recorded immediately prior hereto and simultaneously herewith in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, the CITY OF VIRGINIA BEACH did grant unto Grantor herein, certain property lying, situate and being in the City of Virginia Beach, Virginia, having a legal description as follows ALL THAT certain lot, piece or parcel of land situate in the Pungo Borough of the City of Virginia Beach, Virginia and being designated as "PARCEL C" on that certain plat entitled, "Plat Showing PARCEL C Property of the City of Virginia Beach - Pungo Borough - Virginia Beach, Virginia - Scale : 11, = 60' - May 2, 1994", prepared by Harold C. Warren, Jr., Land Surveyor, a copy of which plat is aftached to the deed from Grantee herein to Grantor herein recorded immediately prior hereto as Exhibit "A"; and Wherea,s, the Grantee herein, as well as its successors and assigns, and Grantor herein, as well as its successors and assigns in PARCEL C aforesaid, desire to reserve unto the Grantee herein an easement more fully described as follows: A twenty foot (20') wide Drainage & Utility Easement running the length of the stdp of property conveyed by the Grantee herein to the Grantor herein in that certain Quitclaim Deed recorded immediately prior hereto, as depicted upon the above-referenced plat of PARCEL C attached to the aforesaid deed as Exhibit "All. G. P. 1. N. Now, Therefore, This Doed Witnesseth: That for and in consideration of the sum of $1 0.00 cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, and the agreement of all Grantees herein to be governed by the covenants and restrictions herein, the Grantor herein, does hereby grant and convey unto Grantee, or its successors and assigns, with Special Warranty of Title, all that certain twenty foot (20') easement more fully desc@bed as: A twenty foot (20') wide Drainage & Utility Easement running the length of the strip of property conveyed by the Grantee herein to the Grantor herein in that certain Quitclaim Deed recorded immediately prior hereto, as depicted upon that certain plat entitled, "Plat Showing PARCEL C Property of the City of Virginia Beach - Pungo Borough - Virginia Beach, Virginia - Scale : 1" = 60' - May 2, 1994", prepared by Harold C. Warren, Jr., Land Surveyor, a copy of which plat is aftached as Exhibit "A" to the deed from Grantee herein to Grantor herein recorded immediately prior hereto; it is the intention of the parties hereto that this easement shall run with the land. This conveyance is made expressly subject to the conditions, restrictions, easements and reservations of record, if any, affecting the aforesaid property and constituting constructive notice. Grantees agree to bear full responsibility for their use and enjoyment of the easement herein granted and, to the fullest extent permifted by law, to hold Grantor harmless from any claim of damages to person or premises resulting from the use thereof by any Grantee. Except as herein granted, the Grantor herein, its successors and assigns, shall continue to have the full use and enjoyment of the property. 2 Witness the following signature and seal, all as of the day and year first hereinabove written. (SEAL) J. HARRY MOTE (SEAL) KATHERYN H. MOTE STATE OF NARGINIA, At Large CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this - day of September, 1994, by J. Harry Mote and Katheryn H. Mote, husband and wife. (SEAL) Notary Public My commission expires: 3 PETITION TO DECLARE CERTAIN PROPERTY EXCESS AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS PROPERTY OWNER P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, J.Harry & Katheryn H. Mote by counsel, respectfully represents as follows: 1. That Petitioner applies to "he Mayor and the Council of the City of Virginia Beach, Virginia, for an ordinance declaring the hereinafter described property to be in excess of the needs of the City of Virginia Beach and to authorize the City Manager to convey the property lo @'he Petitioner upon payment of fair market value as determined by qualified appral.sal. 2. That your P--titioner owns the property contiguous to the hereinafll--r described property. And that further the hereinafter descri-bed property has no utility unless joined to the contiguous proper-@y of Petitioner. 3. The property your Petitioner is asking to be declared in excess of the needs of the City oi Virginia Beach so that he may purchase same is hereby described as follows: ALL THAT CERTAIN lot, piece or parcel of land situate in the City of Virginia Beach, Virginia and being designated as "PARCEL C" on that certain plat entitled 'Plat showing Parcel C property of the City of Virginia Beach, Pungo Borough" which is attached hereto and shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach upon approval. 4. That no inconvenience will result to any person or property owner by reason of the sale of the hereinabove described property. WHEREFORE, your Petiticner prays that the Mayor and city Council of the City of Virginia Beach, Virginia, declare the hereinabove described property to be in excess of the needs o, the City of Virginia Beach and to authorize the City Manager to convey same to your Petitioner upon payment to the City of Virginia Beach, for the fair market value of said property as determined by qualified appraisal. Respectfully submitted, J. Harry & Katheryn H. Mote By @ re of c@ilsel (Attorney's Name Address Phone Number) Charles D. Pittman, Jr. 206 3rd Street, Suite 201 Virginia Beach, VA 23451 Phone Number: 437-8000 1/2 I Is I II I a 0 9 --- - II a I I I I- I I I @-i I r- a I I I CO 000 000 I 0 0 so qb LC H( R BE VA ED B TH H I I DDCDADCn OV O/W CKI(' R)PAPT A /r, /Q4 il ........ ....... ---------- ................ --------------- ------- - --- - ------ ---- 21 ............ - 19 - Ite III-H 5 RESOLUTIONSIORDINANCES ITEM # 38500 The following registered in SUPPORT of the Ordinance: Les Fenlon, 2224 Scallop Road, Ihone: 481-2501 Patricia Orr, 973 Earl of @,,vsex Ar(h, I'horie: 481-3608, repres(,nied the Tidewater Horse Council, 4-H lIorse Club Jeni Louder, 2789 West Gibbs Rood. llhone: 421-3401 Amanda Louder, 2789 West (;ibbs Road, Phone:421-3401 Reese Lukei, Jr., 1046 @-alea (,'oui-t, I'hoite: 340-594S Upon motion by Council Lady l@arker, secoiided by (,@ou?iciliti,iii Baum, Cit), Council ADOPTED, AS AMENDED: Ordinance to ADOPT the f-irginia Beach Outdoors Plan; and, authorize the City Manager t() execute the Virginia Beach Outd()ors I'lan WorkpZan Sumnwry. *]he following paragraph vhall be AMENDED: BE IT FURTIIER ORDAINEI), til executit)i, 7f thr ii,gb,ia Beach Out&7(7, ry, ati.ched he, rilt I-I'le, c... ", e.xecution o Council a B WoLkplan .5um@mar Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancli, III, Robert K Dean, William W. Harrisoti, Jr., Barbara M. Henley, Louis I?. Jon(,s, Johii D. Mc).Vs, Mayor Meyera E. Obe"id(@rf, Nancy K Parker, Vicc Ma @,or William I). Sessoms, Jr., atid Louiva M .@trayhoril Couticil Members Voting Nay, Notic Council Members Absent: Noiie October 25, 1994 AN ORDINANCE TO ADOPR THE VIRG@ BEACH OUTDOORS PLAN WHEREAS, the City of Virginia Beach is blessed with an abundance of natural, cultural, historic, and recreational resources which contribute to the well-being of the City's economy and the quality of life for residents and visitors alike, @EREAS, this unique mix of resources to a great extent defines and gives identity to the City of Virginia Beach, WHEREAS, the primary objective of the Virginia Beach Outdoors Plan is to set forth a means of maintaining and enhancing these resources, WHEREAS, the Virginia Beach Outdoors Plan reflects a joint effort of the Parks and Recreation Commission, Planning Commission and the Greenways, Trails, and Bikeways Committee to define in one document the City's philosophy regarding its natural and recreational resources of an outdoor nature, and @EREAS, the adopted City of Virginia Beach Capital Improvements Programs establishes funding in the Outdoors Plan Initiative Reserve to be utilized to implement the Virginia Beach Outdoors Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Virginia Beach Outdoors Plan attached hereto is hereby ordained for use as a general statement of philosophy regarding the planning, protection, design, development, financing, construction, management, and maintenance of its natural and recreational resources of an outdoor nature. BE IT FURTHER ORDAINED: That the Virginia Beach Outdoors Plan shall be used as the conceptual framework upon which all future activities related to the outdoors system will be based. BE IT FURTHER ORDAINED: That the City Manager is hereby authorized to proceed with execution of the Virginia Beach Outdoors Plan; and, to provide City Council a Business Plan for its implementation prior to execution of the Workplan Summary. BE IT FURTHER ORDAINED: nat the City Manager shall report on a periodic basis to the City Council conceming progress being made towards implementation of the Virginia Beach Outdoors Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 25 day of October , 1994 20 - Item CONSENT AGENDA ITEM # 38501 UP- MOtiOn by Vice Mayor Sessonky, seconded by Couiicil La(ly 51rayhorn, (,,ity C,ouncil APPROVED in ONE MOTION, Items I a.b., 2, 3 and 4 of the CONSENT,4CENDA. Voting: 11-0 Council Members voting Aye. John A. Baum, Linw(@od (). Branch, 111, I?obell K. Deaii, William W. Harrison, Jr., Barbura M. Ifeiiley, Louiv I?. Joit(,s, John I). M(,sv, Mayor Meyera E. Oberil(lorf, Nancy K Parker, Vic,, M(,,,(,r William I). Sessoms, Jr., and l,ouiva M. @trayhort, Cf)uncil Members Voting Nay: Norie Council Members Abserit: Noiie October 25, 1994 - 21 - Item III-I.]. coNSENT AGENDA ITEM # 38502 Upon motion by Ilice Ma),or Sessoms, secoiided by C(,U;Icil I,U(I) ';Irayhorit, (,ity Couiicil ADOPTED: Resolution to authorize the Director of Finance to niake payment on lost Minibonds, ((;erieral Obligatiori Public fml)r(@vemelit Millibonds, dated October 12, 1994, maturity): R-305 S 500.00 Ileggy Ii. Simmoiis aitd Tracey J. l-rankliii, 909 Malylaiid Avcliue, Virgirtia Beach, Virgiiiia R-251 atid ]?-252 @10,000.00 ca(h Herma)i J. atid War)@ A. Cooper, 193 Conini(itiore I)riv,,, Norfolk, Virqiiiia Votirig: 11-0 Council Members Votirig A- c,: John A. Baum, f,irtwood 0. Ilrarich, Ill, I?@)I)ert K Deaii, William W. Harriso?i, Jr., Ilarbara M. Ilenlev, Loui,@ R. J(,ties, John D. Moss, Mayor Meyera I,@. Oberndorf, Naiicy K I'arker, Vice Wuyor William 1). @t,syoms, Jr., apid Louisa M. @trayhorii Council Members Votitig Nay None Council Members Absent: Norie October 25, 1994 2 3 A RESOLUTION TO AUTHORIZE 4 PAYMENT OF LOST MINIBONDS 5 6 7 8 WHEREAS, the General Obligation Public Improvement Bonds, Series of 9 19896,1994 matudty (Capital Appreciation Minibonds), hereinafter 'Minibonds', were 10 issued in Registered form and were not transferable or assignable pursuant to the 1 1 authorizing Resolution adopted by City Council on September 11, 1989, and the stated 12 terms on the Bonds; 1 3 WHEREAS, those Minibonds were all issued in $500 denominations and 1 4 or more and bearing 6.4% annual rate of interest, dated October 12, 1989, and matudng 15 October 12, 1994; 1 6 WHEREAS, Peggy B. Simmons and Tracey J. Franklin of 909 Maryland 1 7 Avenue, Virginia Beach, Virginia 23451, have affirmed that they are the sole legal and 1 8 beneficial owners of certain of the Minibonds, numbered R-305 and valued at $500.00; 1 9 WHEREAS, Herman J. Cooper and Mary A. Cooper of 193 Commodore 20 Drive, Norfolk, Virginia 23503, have affirmed that they are the sole legal and beneficial 21 owners of certain of the Minibonds, numbered R-251 and R-252 and valued at 22 $10,000.00 each; 23 WHEREAS, the owners of each of these Minibonds have also affirmed that 24 the said secuhties have been lost or misplaced; 25 WHEREAS, each of these owners have complied with all legal provisions 26 to effect replacement of said security by providing appropriate affidavits; and 27 WHEREAS, John T. Atkinson, City Treasurer, has determined that because 28 of the non-transferable nature of the Minibonds, no indemnities shall be required. 29 NOW, THEREFORE, BE IT RESOLVED BYTHE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 That the Department of Finance, the Registrar on said Minibonds, is 32 directed to pay to each of said owners the value of their respective Minibonds, Principal 33 and Interest accrued, on the date of maturity without the necessity of replacing the lost 34 or misplaced Minibond. 35 AdoptedbytheCounciloftheCityofVirginiaBeach,Virginia,onthe 25 36 day of October 1994. 37 38 :)EPAk-@,IAE@If AP@ROV'D AS TO LEGAL U,FICI@NCY-,AND @C)Rm ill A! TC!@ @@E@ AFFIDAVIT OF I,OSS STATE OF VIRGINIA CITY/COUNTY OF Virginia Beach )ss. The undersigned (hereiriafter called 'Deponent'), being duly swom, deposes and says that: (1) Deponent is an adult whose mailing address is L/a UCL, -P -3,4 s and is the owner of or is acting in a representative or fiduciary capacity with respect to certain securities (describe of security, identification number, and n,,mb,, of shares or face value): 1989B Gen-I ObligatiOn Puillic Improvement Minibonds, Numbers(s) 305 issued by CIJY of Vi@nia Beach, t@nia (hereinafter called the "Issuing Corporation") and registered in the name of-. "OS CA A 4 -1 kacc' F?- a@ KI@'r,1/2 , @tiplo's (2) Deponent further says that the aforesaid securicy or securities (hereinafter called the 'Original', whether one or more) have been lost, stolen, destroyed or misplaced under the followin.@ circumstances: (3) That said Ori&al (was not) endorsed. (If endorsed, de@be form of endorsemene and state WheLher signature was .@uaranteed-) (4) Deponent has made or caused to be made diligent search for Original, and has been unable to find or reco@er same, and that Deponent was the unconditional owner of Original at the time of loss, and is entitied to the full and exclusive possession thereof, that neither the Original not the rights of Deponent therein have, in whole or in part, been assigned, trarisferred, hypothecated, pledged or otherwise disposed of, in any rnanner whalsoever, and that rio pe@n, firm or corporation other than Deponent has any right, title, claim, equity or inecrest in, to, or respecting Ori,@inal or Lbe proceeds thereof, except as may be set forth in Statement (5) follo@ng. (5) (If Deponent's interest in the original is in a representative or fiduciary capacity, indi-te bet- the designation of such c3pacity, i.e., Administrator, Executor, etc., and the title of the estate, as follows): Deponent is of the estate of A)l A- (Specify names of any other persons having an interest in the original- List them below and indicate the nat.re of their interest, such as heir legatee, etc.) NAME INTEREST (6) Deponent makes Lhis affidavit for the purpose of requesting and inducing the Imuing Corporation and iis agenls to issue new securities in, or payment in lieu of, substitution for the Original. (7) Deponent agre@ that if said Original should ever come into Deponent's hands, custody or power, Deponent will immediately and without conside@ation surrender Original to Issuing Corporation, its transfer agenes or subscr-iption agents for cancellation. (8) Signed, sealed and dated:l. 17, 19@ Sworn to and sub@bed before me this day of 19 (/@nature of Deponent NOT,IRY IUBLIC (Affix NoEarial Seal) ,Mv Commission @ires: Sworn to and sub=ibed before me Lhis /7@ day f 19 Si#atfite of Deponent NOTARY PUBLIC (Affix Notarial Seal) ,viv Commission expires: STATE OF VIRGINIA CITY/COUNTY OF vi@nia Beach )ss. The undcrsigned (hereinafter call,d -I)eponent'), being duly swom, deposes and ays tb,,,: (1) Deponent is an adult whow mafling addre. . 1?3 and is Lbe o-ner of or is acting in a representative or fiduciary capacity with respect to certain securities (dexdbe of security, identification f shares or face value): General Obli@ation Public Improvement Minibonds, Numbers(s) e issued by City of i@nia Beach, Vi@nia Hep-maAj -T- @opelz aid- #R-,, 14. 41.q,e@ 4. 1 AI)C( -/3 -o 7,' (hereinafte ,led @114@ poration") and registered in the name of-. (2) Deponent further says that the aforesaid security or securities (hereinafter cafted the 'Original', .bether one or more) have been lost, stolen, destroyed or misplaced under the following circumstances: ?f A.) Ai o X) b /3 0)1 dS (3) That said Original (was not) endorsed. (lf endorsed, describe form of endorsement and statc whether signature was guaranteed.) (4) Deponent has made or caused to be madc diligent search for Original, and has been unable to find or recover same, and that Deponent was the unconditional owner of Original at the time of loss, aad is entitled to the full and exclusive possession thereof, that neitber the Original not the rights of Deponent thercin have, in whole or in part, been assigned, transferred, hypothecated, pledged or otherwise disposed of, in any manner whatsoever, and that no person, firm or corporation other than Deponent has any right, title, claim, equity or interest in, to, or respecting Original or thc proceeds thereof, except as may b-e set forth in Statement (5) follovang. (5) (If Deponent's interest in the Original is in a representative or fiduciary capacity, indicate below the designation of such capacity, i.e., Administrator, Executor, etc., and the title of the estate, as follows): Deponent is of the eslate of A)l@ (Specify names of any other persons having an interest in the Original. List them below and indicate the nature of their interest, such as heir, legatee, etc.) NAME @REST (6) Deponent makes this affidavit for the purpose of requesting and inducing the Issuing Corporation and its agents to issue new securities in, or payment in lieu of, substitution for the Original. (7) Deponent agrees that if said Original should ever come into Deponent's hands, custody or power, Deponent vall immediately and without consideration surrender Original to Issuing Corporation, its transfer agents or subscnption agents for cancellation. (8) Signed, seated and dated:Lhn@3trig 73 Swom to and subscribed before me this -30 day of 1913. Signature of Dcponent NOTIRY PUBLIP) No@aa Sea6/ v My Commission expi.res: Sworn to and subscribcd before me this day of 19 S#nature of Deponent NO-rARY PUBLIC (Affix Notarial Seal) My Commi*ssion eVi.res: Icl 7 7 - 22 - Item III-1.2. CONSENT AGENDA ITEM # 38503 Upon motion by Vice Mayor @essoms, seconded by Couitcil Lad@ ';Irayhorii, City Couiicil ADOPTED: Ordinance to formalize acceptance of the Courthouse Elementary School Site for the Pendleton Child Service Center; and, authorize the City Manager to execut(- flie nec-essary documeiiis to accomplish this acceptance. Voting: 11-0 Council Members V()tilig Aye: John A. Baum, Liizwood 0. Brancl; III, Robert K Dean, William W. Harrison, Jr., Barbara M. Ileilley, Louis R. J()Iles. John D. Mosv, Mayor Meyera F. Oberndorf, Naticy K I'arker, Vice May,,r William D. @essoms, Jr., and Louisa M. Stra-vhorii Council Members Votirig Nay. None Couiicil Members Absetit: Noiie October 25, 1994 1 AN ORDINANCE TO FORMALIZE ACCEPTANCE 2 OF COURTHOUSE ELEMENTARY SCHOOL SITE 3 FOR THE PENDLETON CHILD SERVICE 4 CENTER 5 WHEREAS, the City Council of the City of Virginia Beach 6 on March 22, 1994, authorized and directed the City Manager to 7 request the Comrnonwealth of Virginia to provide the City fifty 8 percent (50%) of the costs of renovation of a building for the 9 Pendleton Child Service Center; 10 WHEREAS, the City of Virginia Beach included among its 11 capital improvement projects adopted on May 11, 1994, Capital 12 Iraprovement Project ("CIP") # 3-992, Renovation of the Courthouse 13 Elementary School as a new site for the Pendleton Child Service 14 Center; 15 WHEREAS, the 'Jirginia Beach School Board has cooperated 16 in this effort and has transferred ownership of the Courthouse 17 Elementary School site to the City of Virginia Beach; 18 WHEREAS, the City Council of the City of virginia Beach, 19 Virginia, wishes to formally authorize acceptance of this property. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 1. That the City of Virginia Beach hereby formalizes its 23 acceptance of the Courthouse Elementary School site; and 24 2. That the City Council hereby authorizes the City 25 Manager to execute any documents necessary to accomplish the 26 acceptance of this property as a new site for the Pendleton child 27 Service Center. 28 Adopted by the Council of the City of virginia Beach, 29 Virginia on the 25 day of October 1994. 30 CA-5709 31 Ordin\Noncode\Gift 32 Prepared: 9/6/94 33 Revised 10/4/94 iol,rENTS 34 10/12/94 P P R'@ -V THIS AGREEMENT, Made this @@ day of , 1994, by and between the SCHOOL BOARD OF THE CITY OP VI GIMIA BEACH, hereinafter referred to as "School Board," and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia., hereinafter referred to as "City.ot WITNESSETH: That for and in consideration of the mutual benefits accruing or to be accrued to th, above-mentioned parties, and other valuable consideration, receipt of which is hereby acknowledged, the City agrees to accept and the School Board agrees to convey, free from ali liens, all its rights and intbrests in the following described land together with all improvements to the City by deed of Special Warranty, properly executed, acknowledged, and delivered, free from all encumbrances. The land and improvements subject to this Agreement (hereinafter referred to as "the land") are described as follows: All that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated and described as: "PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH AREA - 303,943 SQ. FT. = 6.98 ACRES." as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED To THE CITY OF VIRGINIA BEACH FROM THE CITY OF VIRGINIA BEACH SCHOOL BOARD PRINCESS ANNE BOROUGH -- VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA DATE: APRIL 28, 1993 SCALE: lit = 100111. Said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in map Book at page to which reference is made Fo-r'a more pa t@.C'Ular description. CLAUSE NO. 1: It is expressly understood and agreed by the City that it assumes the obligation to meet any environmental local associated with the property requirements, State, federal, or including any requirements arising by reason of underground fuel oii storage tanks located on the property. CLAUSE NO. 2% it is expressly agreed and understood by the School Board that its dedication of property to the CitY includes the conveyance of all modular units located thereon to the City. (The modular units are referred to as "portable classrooms" in the School Board's Resolution of June 21, 1994.) CLAUSE NO. 3: It is expressly understood that the modular units will be vacated by the School Board upon mutual agreement by the city Manager and the Division superintendent. Both the city Manager and the Division Superintendent recognize that the School Board may be unable to vacate the modular units for at least one year, but in any event they shall be vacated by June 30, 1995. CLAUSE No. 4: it is expressly understood that the school Board will vacate the two-story building on the site no later than June 30, 1995. CLRUBZ NO. 5: THE AGREEMENTS AND REPRESENTATIONS CONTAINED IN THESE PARAGRAPHS SHALL SURVIVE THE OCCURRENCE OF ANY EVENT WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, FINAL CLOSING AND DELIVERY OF THE DEED TRANSFERRING TITLE TO THE LAND. Approved as oved as @o Approved as to Content 2 WITNESS the following signatures and seals: SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By DIVISIO@Superintendent (SEAL) ATTEST Cler of thA/School rd CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By V-. @@ C@t'Y Manager/A-dMori-zed D&-4gnee of the City Manager (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that Division Superintendent, and Clerk, on behalf of the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, whose names are signed to the foregoing writing, have acknowledged the same before me in my city and State aforesaid. Given under my hand this day of 994. Notary Public My commission expires: 9, 31-1@ 3 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, o, . /q. @,, , a Notary Public in and for the city and State aforesaid, do hereby certify that -Tx p% - -6 t. @ 0 , city Manager/Authorized Designee of the city manager of the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, whose name is signed to the foregoing writing, has acknowledged the same before me in my city and State aforesaid. Given under my hand this @day of 1994. Notary Public my commission expires: -7 1,31 z, 17 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: i, (I a Notary Public in and for the City and State aforesaid, do hereby certify that Ruth Hodges Smith, City Clerk of the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, whose name is signed to the foregoing writing, has acknowledged the same before me in my City and State aforesaid. Given under my hand this 16 day Of %T- itt 1994. Notary Publlc my commission expires: IP /a, 67 4 - 23 - te- III-H 3 CONSENT AGENDA ITEM # 38504 P- -0 on by Myo,, ,O. ti 51! s,,olldd by Coll,,,il L.dy,5t,,,YhOln, City Council ADOPTED.. Ordinance authorling License Rfnds in the amount of $ 4,973. 0 up- applictio of certain persons and the COM5 uPOn Certifcation of missioner of the Reenu,. Voting: 11-0 Council Members Vting Aye: John A. Bauln, Linwood 0. Branck III, Robert K Dean, william W Harr'son, Jr., Barbara M Henley, Lou's R. Jo,,es, John D Mos,, Mayor MeYera E Oberndorf, Nancy K Parke,, Vice Mayor Wlllia- D. 5essoms, Jr., and Louisa M ;tayhorn Council Members Vofig Nay: Non e Council Members Absent: None October 25, 1994 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 Ucense Date ~ ~e~ Paid Base Penal~ Int. Total Smith Barney Harris Upham & Co. 14 Wall Street 1992-93 Audit ~10.43 New York, NY 10005 410.43 The Southwestern Co. P.O. Box 30514 Nashville, TN 37230 1994 7/94 3,'~50.00 3,750.00 Tag In The Back Inc. 5404 Dalrymple Street Virginia Beach, VA 23464 1992-94 Audit 40.00 40.00 Today Homes Inc. T/A Chesapeake Homes 717 Battlefield Blvd. Chesapeake, VA 23320 1991-93 Audit 3,253.12 3,253.12 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 7,453.55 of the City of Virginia Beach on the 25 ~ day of Certified as to Payment: bert P. Vaughan /'~ ---- -- Commissioner of the ReVenue Approved as to form: were approved by the Council October 94 Ruth Hodges Smith City Clerk No. CA 8 P" a" 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 app-ed: NAME Ucense Date Base Penalty lnt. Total Year Paid Travel unlimited of VA Inc. 1992-93 Audit 7 .96 73.96 1830 Kempsville Road #106 Virginia Beach, VA 23464 Trexler, Janet A. 1992-93 Audit 171.22 171.22 T/A Kernpsriver Painting 1304 Fundy court Virginia Beach, VA 23464 way International The 1993-94 Audit 60.00 60.00 P.o. Box 328 New Knoxville, OH 45871 wayside Advertising Agency Inc. 73.35 4220 Virginia Beach Blvd. 1994 Audit 73.35 virqinia Beach, - 23452 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 were approved by the Council of the City of Virginia Beach on the 25 day of October 19 94 Ruth Hodges Smith City Clerk No. CA s PZV. 3" 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 Ucense Date Base Penalty Int. Total Year Paid Reasor, Woodrow W. 1993-94 Audit 10.30 10.30 T/A Fairfield self storage 5299 Greenwich Road Virginia Bea,:h, VA 23462 Richey, ion C., President 1992-93 Audit 98.29 98.29 J & N Inc. T/A MudboneS Tavern 3243 Yorkborough Way Virginia Beach, VA 23456 Siska, craiq A. 1993 Audit 48f@.82 486.82 T/A C A Siska Landscape Archt 2268 Calvert street Virginia Beach, VA 23451 Certified as to Payment: obert P. Vaughan Commissioner of the Revenue Approved as to form: @sWe L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 595 41 were approved by the Council of the City of Virginia Beach on the 25 day of October 19 94 Ruth Hodges Smith City Clerk NO@ @ I Fmv. 3M 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 applicabons for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME Ucense Date Base Penafty lnt. Total Year Paid Jones Goldberg Design Ltd. 199@ Audit @8.32 28.32 110 53rd Street Virginia Beach, VA 23451 Testerman, L. E., President 1993 Audit 591.75 591.75 Mail Services Inc. T/A The Mail Room 713 Pinecliff Drive Chesapeake, VA 23320 Pawloski, Rhonda G. 1992-93 Audit 19.20 19.20 T/A Laserink 5480 Club Head Road Virginia Beac:h, VA 23455 Certified as to Payment: @otien P. Vaugh@n Commissioner of the Revenue Approved as to form: @si(e L. LFII-ey- City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 639. 27 were approved by the Council 25 October 94 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk No. a& a PTEV. 3m AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPUCATION 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 applicabons for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME Ucense Date Base Penalty lnt. Total Year Paid Huckaby, Linda P. 1992-94 Audit j28.69 128.69 T/A Classy Cuts 1196 Indian Lakes Blvd. #123 Virginia Beach, VA 23464 Jones, Carolyn U. 1993-94 Audit 1,313.60 1,313.60 T/A Sajo Farm Veterinary Hospital 1094 Diamond Springs Road Virginia Beach, VA 23455 Jones, David L. 1993-94 Audit 11.58 11.58 T/A Mobile Steel Repair 909 Lord Bowman Road Virginia Beach, VA 23464 Certified as to Payment: rt P. Vaughan Commissioner of the e@v nue Approved as to form: LkiWL. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,453.87 were approved by the Council of the City of Virginia Beach on the 25 day of October 94 19 Ruth Hodges Smith City Clerk NO. CA 6 @. 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 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 Hayes, Michael & Lyndia Thompson T/A Rapid Reimbursement of Eastern Virginia 3409 Sea Horse Way 1991-93 Audit 78.00 78.00 Virginia Beach, VA 23452 Hedgehog Inc. 1992-94 Audit 328.80 328.80 T/A Five 01 City Grill 501 Birdneck Road Virginia Beach, VA 23451 Herman, Paul M. 1993 Audit 13.91 13.91 T/A My Favorite Gifts 4224 16th Street NW Washington, DC 20011 Certified as to Payment: Z@- @ @, - z @obert P. Vaughan I/ Commissioner of the Revenue Approved as to form- @sfre L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 420. 71 were approved by the Council October 94 of the City of Virginia Beach on the 25 day of 19 - Ruth Hodges Smith City Clerk "MM No CA a wv, 3" AN ORDINANCE AURHORIZING 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 Ucense Date Base Penalty Int. Total Year Paid General Electric Inc. 1992-93 Audit 18,374.15 18,374.15 T/A G E Medical Systems P.O. Box 06320-Tax Dept. Fort Meyers, FL 33906 George G Sharp Inc. 199-@-94 Audit 3,273.49 3,273.49 100 Church Street New York, NY 10007 Hague Psychological Services 184 Business Park Drive #20 199-1@-94 Audit 315.57 315.57 Virginia Beach, VA 234r.2 Certified as to Payment: @obert P. VaugtTan Commissioner of the Revenue Approved as to form: e L. Lilier City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling S 2 1 - 963 - 21 were approved by the Council of the City of Virginia Beach on the 25 day of October 94 19 Ruth Hodges Smith City Clerk NO@ CA 4 FWV. 3M 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 CRTY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds. upon certification of the Commissioner of the Revenue are hereby approved: NAME Ucense Date Base Penafty lnt. Total Year Paid Design Four Inc. 1992-94 Audit 2 19. 3 3 219.33 T/A Interior Directions 4356 Bonney Road #102 Virginia Beach, VA 23452 Duncan Plumbing Inc. 1991-94 Audit 833.49 833.49 T/A Duncan Plumbing 2116 Carolina Road Chesapeake, VA 23322 Farm Fresh Inc. 1992-94 Audit 21,500.34 21,500.34 T/A Farm Fresh supermarket P.O. Box 1289 Norfolk, VA 23501 Certified as to Payment: @ert P. Vaughan Commissioner of the Revenue Approved as to form: te-Ilie L. Lille;7 This ordinance shall be effective from date of City Attorney adoption. The above abatement(s) totaling $ 22 , 55 3. 16 were approved by the Council of the City of Virginia Beach on the 25 day of Octobet '19 94 Ruth Hodges Smith City Clerk NO. C-& a MY. 3" 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 Ucense Date Base Penafty Int. Total Year Paid Consolidated Stores International Corp. T/A Big Lots #400 1991-94 Audit 3,D51.93 3,051.93 300 Phillipi Road (Tax Dept.) Columbus, OH 43228 C P Marine & Diesel Service Inc. 5900 Thurston Avenue #E 1992-94 Audit 473.08 473.08 Virginia Beach, VA 23455 Davis, Patrick M. 1993 Audit 31.20 31.20 T/A Crystal Clear Windows 407 Oakwood Place Newport News, VA 23602 Certified as to Payment: C--'@e-rt P. Vaughan Commissioner of the Reve@ Approved as to form: @eslig L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 3,556-21 were approved by the Council of the City of Virginia Beach on the 25 day of October '19 94 Ruth Hodges Smith City Clerk NO. C.& a owv. 3" AN ORDINANCE AURHORIZING 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 Ucense Date Base Penalty lnt. Total Year Paid Academy Marine Chem-Dry corporation 720 Elderberry Court 1992 Audit 20.37 20.37 Chesapeake, VA 23320 B & R Appliance Service, Inc. 2327 Poyner Lane 1993 Audit 128.83 128.83 Virginia Beach, VA 23454 Blackhawk Industries, Inc. 1992-94 Audit 241.98 241.98 T/A Blackhawk Adventure outfitters 2413 Bowland Parkway #102 Virginia Beach, VA 23454 Certified as to Payment: o@4rt P. Vaughan- Commissioner of the Revenue Approved as to form: Ce-sii'e L. Lilley City Attorney This ordinance shail be effective from date of adoption. The above abatement(s) totaling $ 391*18 were approved by the Council of the City of Virginia Beach on the 25 day of October 19 94 Ruth Hodges Smith City Clerk NO. C.& 8 FTEV. 3M 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 Ucense Date Base Penafty lnt. Total Year Paid Blasdell, Kimberley 1. 1993 Audit 12.00 12.00 T/A Tempo Tennis 203 85th Street Virginia Beach, VA 23451 Brass Beds of Virginia, Inc. 1992-93 Audit 294.50 294.50 T/A Levin Brass Beds of Virginia 122 21st Street W Norfolk, VA 23517 Chambord Commons Antique and Design Center, Inc. 1994 6/17/94 130.00 130.00 2224 Virginia Beach Blvd. 101 Virginia Beach, VA 23454 Certified as to Payment: -Robert P. Vaughan Commissioner of the Re4@e Approved as to form: Lesfie L. Lille-y City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 436 0 50 were approved by the Council 2') October 94 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk NO. rA a FWV &" AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICANON OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE C[TY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME Ucense Date Base Penafty lnt. Total Year Paid Executive Services, Inc. of VA 4936 Cleveland street #201 1993-94 Audit 46.?.66 462.66 Virginia Beach, VA 23462 Executive Services Paging Co. 4936 Cleveland Street #205 1993-94 Audit 171.38 173.38 Virginia Beach, VA 23462 G B Y Discount Services, Inc. 5216 Locke Lane 1993-94 Audit 131.25 131.25 Virginia Beach, VA 23464 Certified as to Payment: @en P. Vaughan Commissioner of the Revenue Approved as to form: Ce-s ire L. Ltey City Aftorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 767.29 were approved by the Council of the City of Virginia Beach on the 25 day of October 19 94 Ruth Hodges Smith City Clerk NO. CA & PWV. 3W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPUCATION 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 Ucense Date Base Penafty lnt. Total Year Paid George & Co., Inc. 1991-93 Audit 88.44 88.44 P.O. Box 209 Clarksville, MD 21029 Homsher, Judith W. LCSW 1992-93 Audit 49.40 49.40 5320 Providence Road #206 Virginia Beach, VA 23464 J G R Enterprises 1993 Audit 231.30 231.30 T/A Ragazzis P.O. Box 29502 Raleigh, NC 27626 Certified as to Payment: Commissioner of t Rke<.e Approved as to form: Ee4ie L. Cilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 369.14 were approved by the Council of the City of Virginia Beach on the 25 day of October '19 94 Ruth Hodges Smith City Clerk NO. @ a PEV- aw AN ORDINANCE AURHORIZING UCENSE 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 Re"nue are hereby approved: NAME Ucense Date Base Penafty lnt. Total Year Paid VA Wings of VA Beach Ltd. Partnership T/A Hooters 1992-93 Audit 758.84 758.84 312 Walnut Street #1151 Cincinnati, OH 45202 Waffletown USA Ltd. 1993 Audit 158.55 158.55 2113 Pleasure House Road Virginia Beach, VA 23455 wesbra, Inc. 1992-93 Audit 95.75 95.75 T/A Cider Tire Fix 3506 N Military Highway Norfolk, VA 23518 Wilson, Joan E. 1993 Audit 150.00 150.00 T/A Wilson Enterprises 3409 Hollygreen Drive 201 Virginia Beach, VA 23452 Certified as to Payment: @obert P. Vaughan@ Commissioner of the Revenue Approved as to form: Les-lie L. Lille-y City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,161,14 were approved by the Council 25 October 94 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk NO. CA A PWV. 3W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICA71ON OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE C[7Y OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME Ucense Date Base Penalty lnt. Total Year Paid Murry's of virginia, Inc. 1993 Audit 957.21 957.21 T/A Murry's #8012 8300 Pennsylvania Avenue Upper Marlboro, MD 20772-2673 Salumbides, M. Cristina J. 1008 Bennington Road 1992 Audit 146.84 146.84 Virginia Beach, VA 23464 Todd, Kenneth H. 199-@ Audit 3E,.OO 36.00 T/A Kentod Services 3848 Shadow Lane Virqinia Beach, VA 23452 Trost, Stanley Joseph 1994 4/28/94 30.00 30.00 1056 Weather Vane Court Virginia Beach, VA 23464 Certified as to Payment: @oben P. Vaughan Commissioner of the Revenue Approved as to form: L ie L.)51ley CitN Attomey This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,170.OS were approved by the Council 25 October 94 of the City of Virginia Beach on the - day of 119 - Ruth Hodges Smith City Clerk MM 140 CA a Fwv m 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 Ucense Date Base Penafty lnt. Total Year Paid Key Electric Service, Inc. 1993 Audit '77.87 77.87 921 Business Park Drive Chesapeake, VA 23320 Madison, Inc. 1993 Audit 27 3. 64 273.64 573 Susan Constant Drive Virginia Beach, VA 23451 Morrison Restaurants, Inc. 1993 Audit 1,310.77 1,310.77 T/A Westminister Canterbury 7069 P.O. Box 160266 Mobile, AL 36625 Certified as to Payment: Commissioner of ti Approved as to form: I Le@sO City Attomey This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ i 6C,2 ?A were approved by the Council of the City of Virginia Beach on the 25 day of October '19 94 Ruth Hodges Smith City Clerk - 24 - tem III-H.4 CONSENT AGENDA ITEM # 38505 Upoii motion by Vice Maycyr @esvoms, secoiided by Coullcil Latly Strayhor", City Council ADOPTED: Orditiance authorizilig Tax Refunds in the aniouiit of $1,268.65 upon application of certain persons arid uport ( crtificatioii of the (@'ity Treasurer for Pavtn(,iii. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linw()od 0. Branch, III, R()bet-I K I)eali, William W. Harrison, Jr., Barbara M. Ifenley, Louis R. Jolies, Johri D. M()SN, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Ma@@(,r William 1). @cssoms, Jr., and Louiva M. @trayhorti Couricil Members Voting Na-l,: None Council Members Absent: Notte October 25, 1994 '@4 -mc i- 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- Date Penalty I nt. Total Year of Tax Number tion No. Paid James M & Jeanette Braswell 94 RE(1/2) 12702-3 12/3/93 17.06 James M & Jeanette Braswell 94 RE(2/2) 12702-3 6/5/94 17.06 James M & Jeanette Braswell 94 RE(1/2) 12702-3 12/3/93 5.64 James M & Jeanette Braswell 94 RE(2/2) 12702-3 6/5/94 5.64 James M & Jeanette Braswell 93 RE(1/2) 12508-0 11/30/92 18.84 James M & Jeanette Braswell 93 RE(2/2) 12508-0 6/5/93 18.84 James M & Jeanette Braswell 92 RE(1/2) 12409-1 12/5/91 18.84 James M & Jeanette Braswell 92 RE(2/2) 12409-1 6/5/92 18.84 Frances M Hirtz 92 RE(1/2) 51948-7 12/5/91 4.36 Frances M Hirtz 92 RE(1/2) 51949-6 12/5/91 5.45 Paul J Hirtz 92 RE(2/2) 51948-7 6/5/92 4.36 Paul J Hirtz 92 RE(2/2) 51949-6 6/5/92 5.45 Irene Johnston 94 RE(2/2) 59736-4 9/19/94 63.39 Anthony Fasciocco Jr 94 RE(2/2) 83216-3 8/11/94 36.83 John S Ruston Trust 94 RE(1/2) 100999-8 8/8/94 198.89 John S Ruston Trust 94 RE(2/2) 100999-8 8/8/94 137.26 Daniel J Perrella 94 RE(2/2) 99572-7 7/27/94 50.70 Thomas W Godfrey 94 RE(1/2) 43845-6 6/5/94 5.70 Crestar Mortgage Co,p 94 RE(1/2) 8107-2 12/5/93 37.05 William A & Sandra Oates 94 RE(2/2) 86519-0 7/14/94 86.44 William W Paca Jr et al 94 RE(2/2) 88363-3 6/5/94 114.44 Linda D Foreman 88 pp 220667-1 5/20/94 251.57 Cynthia K Plempel N/A Pkng 418343 8/2/94 24.00 Charlotte Garfield N/A Pkng 447551 9/16/94 50.00 Gerald M Anders N/A Pkng B13616 9/19/94 24.00 Thomas E Morris N/A Pkng B10607 9/20/94 24.00 Nathaniel Reedy N/A Pkng 458558 9/14/94 24.00 Total 1,268.65 This ordinance shall be effective from date of adoption. The above abatement(s) totaling c pt; $1,268.65 vvere approved by the Council of the City of Virgi'ni'a Beach on the 25 day of Oc tober,.1994 J( asurer Approved as to form: Ruth Hodges Smith City Clerk ey 2-@ PUBLIC HEARING ITEM # 38506 PLANNING Mayor Meyera E. Obertidorf DECL4RED a PUBLIC HEARING (@ti: PLANNING (a) L4WRENCE A. SANCILIO, P,4CHEL V. SANCILIO, LENA SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANK1117RGINIA, Trustees under the Will of Israel Steingold STREET CLOSURE (b) THE FIRST LYNNIL4VEN BAPTIST CHURCH CONDITIONAL USE PERMIT (c) IL4 YDEN L AND SHERRI R. DUBA Y CONDITIONAL CHANGES OF ZONING (d) R"ON W. BREEDEN, JR. C,HANGE OF ZONING October 25, 1994 - 26 - te- III-J I a PUBLIC HEARING ITEM # 38507 PLANNING l'ony 5ancilio, 780 5eahawk ("ircle, Phoyie: 430-4391, rel)resented the applicant and requested 1)1,'FERRAL. Upon motion by Councilman Ilarrivoii, seconded by Couitcil Latly Ilarker, City Council GRANTED AN ADDITIONAL 180-DAY DEFERRAL (April 25,1995) in the fletition of L4WRENCE A. SANCILIO, K4CHEL V. SANCILIO, LEN,4 SANCILIO, AL4URICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANKIV7RGINL4, 7rustecs utider the Will of Israel Steitigold, for the discontinuance, clo@yle d abaridon-e t of porti(@ns of Wagiier Street, Firvi @trec,t UF),l Avc)lue I,,'. Applicatioii of l,awr(,iice A. @ancilio, I?achel V Saiicilio, Letia Sancilio, Maurice Steiitgol(l, l,ewis B. .5teingold and Sig)iet BankIVirginia, Trustees under flie Will )f l@yrael Steingold ft)y- the dis(oiiiiiiuatice, closure and abaiitionmeitt cts)f th,, followiilg streets. Waeiier @treet. llegiiiiiiiig at flic southt!rii bouitlar); ()f Iioriiicy Road and ruiining i)i a soufhcrlv direction iii a distaii((, )f 1096 fc(@t more @)r less to the noi-therit I)ouiidaty of tli(@ Virgiiiia II(-a(l, Norfolk l@pressway. First @5freet: Begiiiiiiiig at tlie westerii bouiidar3, )f Aveliu(@ E atid running in a westerly (liri,ctioit a di@ytance of -?49.78 fe(,t. Ai,enue E: I'he weste"i 25. 01 feet, begiiiiiiilg al a p()illt 200 feel @vouth of First 5treet aiid ru;iiiing iii a southerly &rectioii a (listaiice (@f 214.67feet to the tiorthern b(,uiidary of the Vi@qitiia Bca(-II-N(@rf()Ik I'@pressway. LYNNIL4VI-,N IIOROIJ(;]L Votittg: 8-0 Council Memberv Votirig Aye. John A. Baum, Liiiwood 0. Braiich, III, William W. IIarrison, Jr., Barbara M. Herile-@,, Louis R. J()Iles, Ma.vor Me,@'Cra h,'. Oberndorf, Nalicy K. Parkei aiid I,(@uiva M. .5trayhoi-ii Couiicil Members Voti)lg Na- Non e Couticil Members Abstaillilig: Louis R. Jopi(-s a)id Vice Mayor William I). S@-N.V()ms, Jr. Council Members Absetit: Robert K. I)(-aii Councilmart Joiies ABSTAINED as he is iii the sailie busifies@. Vice Mayor Sessoms DISCLOSED aiid ABSTAINED pursuaiii to @ection 2.1-639.14((;) of the Code of Virginia, he is an off7cer of ('eiitral Fidelity Bank earnifig iii excess of $10,000.00 annually. Central I,'idelity Bank has outstanditig louiis with orie of the propt!rly ow)iers, Coiitractors Paving, Inc. Central l@idelity Bank also has a deed of trust oii adjoiiiiiig propert'v t() the streets which are the subject of the petitioti. @ice Ma@,or Ses,@oms' lct!,,r of AI)i-il 12, 1994, is 't(-r,-bv ina(](- @i part of the record. October 25, 1994 - 27 - Item III-Jl.b. PUBLIC HEARING ITEM # 38508 PLANNING Attorney John Richardson represerited the applicant Upon motion by Council Lady 5trayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of THE FIRST L YNNIL4 VEN BAPTIST CHURCH for a Conditional Use 1'ermit: ORDINANCE UPON APPLICATION OF TFIP, FIRSI' LYNAIHAVEN BAPTI,57' CIIURCH FOR A COND17YONAI, U,@l,' I'P-RMI7' FOR A CHURCII RO]0941915 BF IT HEREBY ORDAINI,I) BY 7iii, council, ol,'7'III,, (I7 Y 01,' VIR(;INIA BFACII, VIRGINIA Ordinance upoii application of The lyitiihavt,ii Baptivt Church for a Cotiditional Uvf, flermit for a church at the ii(,riheast corner of 5alem Road and Lisba;i Road. Said parcel iv located t 2336 Sal(@m Road and contains 15.748 a(res. KL,'MP,@VILLE IIOI?OU(;IL The following conditions sliall I)e 1 equired: 1. The applicatit must obtairt approval from the liealth Depart),ne;if for api oii-site wat r sul)ply (itid sewer Yyslc.m. 2. A stormwater managemetit vystem will be required, 3. 7he wooded area aloiig the Northern portiori of the pr()perty shall be preserved to the fullest cxterit possibi(@. Iri()r to any future developmeiit, the applicaiif shall meet with @taff to discu.vs trf@(, pi eservatioll withill thiv area. 4. The applic@aiit shall adhere to the Yubmilt(,d reriderilig aild developmeiii plaii. 5. The depicted juture ;iursitig hom,, u@i(i vt,ii i,)r h(lusilig are liot approved K,ith tliiv rt@quest. 6. The subject pro[)erly iv located withi,l ttC North l,an&ng River Watershed. Is such, developm(,,ii of the proj)erty will be subject to flic provisiollv of the @,utheryl Watershed Ma,iagemetit Or(iiiiailce a,id associated (omprehensive Plan guidelines. 7. Fropit yard setbacks shall be measured from the ultimate riglit- of-way which i.% 35feeffrom thc e-xivtilig light-()f-may alo,ig ,@alem Roai. 8. Riglit aiid I(,,ft turn lanes are required . 17,e applicait sliall meet with vtaff to determii7e exact lengthv (,f the turri laties arld the locatioit (@f the accesy poilit. 9. @ile Plaii shall be revised to accomtriodate @outheastern l@presswal alig;imeiit. The Ordinance shall be effeciii,(, iii accordance with S(.cti(... 107 (n ()f flic Z(,ning Orditiance. Adopted by the Couttcil of fhc Virgiiiia Beacli. Virgiiiiti, @,it the LW- October 25, 1994 - 28 lic- III-J I b. PUBLIC HFARING ITEM # 38508 (Continued) PL,4NNING Votilig: 11-0 Council Members Voting Aye: John A. Baum, Litiwo()d 0. Branch, III, Robert K Dean, Wzlliam W. Harri.yoii, Jr., Barbara M. Ifeiiley, Louiv R. Joiies, J()hn 1). Mosv, Mayor Meyera E. Oberndorf, Naiicy K. I'ark(-r, Vice May(,r William I). ,;essoms, Jr., atid Louiyu M ';trayhorii Council Members Voting Nav. Noiie Council Members Abseiit: None October 25, 1994 - 29 - Ite III-J.Ic PUBLIC HFARING ITEM # 38509 PL4NNING Ihe following registered iri SUPPORT of the applicatioll: Attorney R. J. Nutter 4425 Corporation Lane, I'horte: 671-6000, represepited the applicant andpresented petitions in SUPPORI' of the applicatiopi, which are hereby iii,ide a part ()f tli(, record. Thomas Wrenn, 4429 Blackbeard I?oad, I'h()Ii(!: 464-6602 Deane Williams, 4220 @ndy Bay I)rive, i'holle: 464-3388 Larry Conner, 2429 Indiall Hill Road, I'lioiie: 460-5089 Bob fledrick, 4501 Powell., loiiii Road, Phoiie: 460-01.36 7he following registered ill OPPOSITION.- Ron McIntosh, 4485 Lee Aveiiuc, I'h(,ile: 464-9288 (,ary Rote, 4321 Blackbeard R(,ad, I'h(),ic: 460-2762 Upon motion by Councilinaii Joiies, seconded by Vice Mayor @(,ssoms, Ci@v Council ADOPTED Ordinances upott applicatioit of HAYDEN L atid SHERRI R. DUBAYf(@r District assi ications ORDINANCT, UPON APPIICATI()N OF IIAYI)EN L & SIILRRI R DUBAY FOR A ('()NI)II'IONAL CI]AAr(;I,@ 01,' ZONIN(; DI,@TRICT CI-4.@SIFI(,'Al'[ON I@L?OM R- 7.5 lO 0- I Z010941431 BE II'HFREBY ORL)AiNLI) /?Y IYII, COUN(I'Iil OI, IIII,' (,I7 Y 01" VII?(;INIA Ill', ACII, @R(,'INIA Ordiiiarice upoii al@llicatioii of Ilaydeii 1. @ ;h(,i-ri I?. I)ubay for a Coriditional (,haiige (@f Zoiiiitg Distri(,l ('Ia@ssifi(ati()n fr(im R-7.5 Residential District to 0-1 Offzce District oii 1)roperty located on the north side of ;hore I)rive, 1210 feet more (ir les@ east of (;reenwell Road The proposed zoiting clavsificatioii chaiige to 0- I is for office land use. The Compreheiisive I'lan recotnmetids use (@f this parcel for retail service useinaccordaiiccwithotherPlanP()Iicies. @@aidparcelislocatedat4360 Shore Drive aii (oiiiaitis 21,126.6 square feet, IfAY@@II)E BOROU(;Il. ORDINANCE, Ul'ON Al'ILICA71ON 01; Il@IYI)IN L & @Ilp,'RRI R. DUBAY FOR A ('ONI)II'IONAL CILIN(;I,@ . 01" ZONIN(; I)IWRICT CLAS,@ll,@l(.'A7ION f,'I?OM B-2 to 0-1 Zolo94l4,@, BE 17'IIEREBY ORL)AINEI) By 1711-1 COUNCII. 01,' 171I,,' CI7 Y 01, VIR(;INIA I@EACH, VIRGINLI Ordinance upoii alplicati(@ll of IIaydeil 1. @ @herri R. Dubay for a Conditional (,haiigt- of Zo)iipig District CI(i@vvifi(@ation from B-2 Community Busiiiesv District to 0- I Off7cc I)istrict oii properly located (in the iiorth side, of Shore Driv,e, 1285 ft,(,l mor(- or l(@ss cast of (;reenwell I?oati. lhepr()posedzoning (,lassificuti,)ti c@haitg@, I(, 0-1 isf()r office laiid use. ]lie ("otnprehetisive I'laii r,,conint(-Ii(is us(, (@f thi.Y parcel for retail servic-e us,, iii accordapice with (@th,-r 1)1@iii polic i(,s. @aid parcel is located al 4360 ';hoi@(, I)rii,c aiid (@(,;Itaiii.@ 20, @-7,i. 12 @squarc ft,cf. IIA Y,@II)I,, B 01? 0 1 '(;l I. October 25, 1994 30 - PUBLIC HEARING ITEM # 38510 PL,4NNING The following condition shall be r(,quired. 1. An Agreemeiit encompassitig proffers shall I)e re(-orded with the Clerk of ('ir(-uit Court. The Ordinances shall be effective iii accordance with ;ection 107 (O of the Zoning Ordinance. Adopted by the Council of the ("it), @f Virgiiiia Beach, lirgiiiia, ,;i the Votirig: 11-0 Council Members V()Iing Aye John A. Baum, l,inwood 0. lira@ich, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Ifenley, Louiv R. J()rlev, John D. Movs, Mayor Meyera E. Oberiidorf, Nancy K Ilarker, Vice Ma.@,or William D. @evsoms, Jr., apid Louiva M. .';Irayhorit Council Members Voting N@v. Notie Council Members Absent: None October 25, 1994 lop. .0. P'S. e INTER-OFFICE CORRESPONDENCE In RCPIY Refer To Our File No. DF-94-3697 DATE: October 21, 1994 TO: LesIie L. Liney DEPT: City Attomey FROM: W@ M. Macah DEPT: City Attomey RE: Condifional Zoning Appheation Hayden 1. Dubay and Sherri R. Dubay The above-referenced conditional zoning apphcation is scheduled to be heard by the City Council on October 25, 1994. 1 have reviewed the subject proffer agreement and detertnined it to be in proper legal fonn. A copy of the agre-ement is attached. Please feel ft-ee to caH me if you have any questions or wish to discuss this matter further. Enclosure THIS AGREOMNT, raade this day of Aucunt 1994 by and between HAYDEN 1. DUBAY and SHERRI R. DUBAY, husband and wife, (hereinafter collectively referred to an Grantor)# and the , a municipal corporation Of the Commonwealth of Virginia (hereinafter referred to as Grantee). N I T N B S S R T H WHEREAS, the Grantor has initiated an amendment to the Zoning Nap of the City of Virginia Beach, Virginia, by peti- tion of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's Property from B-2 (Commercial) and R-7.5 (Residential) to 0-1 Conditional (Office) on certain Property which contains a total of 1.099 acres, more or less, in the Bayside Borough, of the City Of Virginia Beach, virginia, more particularly described in the attached Exhibit A, hereinafter "the Property". WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including office purposes, through zoning and other land development leg:tslation; and WHEREAS, The Grantor and the Baylake Pines civic Leacjue have met and agreed to cooperate in such a way that th. rezoning of Grantor's Property will maintain the residential integrity of Baylake Pines; preserve the natural environment of Lake Joyce; and control the impact of commercial/offic development on Shore Drive to enhance the quality of th: neighborhood of Baylake Pines; and WHEREAS, the Grantor acknowledgos that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subj,ct a e S e Property and at the same time to recognize the ff ct of th changes, and the need for various types of uses, including those listed abovel certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned 0-1 are needed to cope with the situation which the Grantor's rezoning application gives rise to; and ing WHEREAS, the Grantor has voluntarily proffered in writ- in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-1 zoning district by the existing City Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amend- ment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall 2 continu* despite a subsequent amendment if the subsequent amendment in part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's of- fice of the Circuit Court of the City of Virginia Beach, virginia, and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Sectio 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantor, for themselves, their suc- cessors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exac- tion from the Grantee or its governing body and without any element of compulsion of @ pxg mw for zoning, rezoning Site Plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restric- tions as to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenants running with the said Property, which shall be binding upon the Property and upon all parties and 3 persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other succes- 41 sora in intereat or title, namely: 1. Grantor shall vacate all existing interior lot lines on the Property. 2. The Property shall be developed substantially as shown on the Site Plan entitled "PRELIMINARY SITE PLAN OF LOTS A, B AND C SUBDIVISION OF 1.099 ACRE SITE FORMERLY PROPERTY OF L.S. HUBBIRD 4360 SHORE DRIVE FOR HAYDEN I. DUBAY,lg dated June 23, 1994 prepared by Engineering Services, Inc., said plan being the same plan exhibited to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Site Plan"). 3. Grantor shall use the existing structure depicted on the Site Plan, making renovations thereto, in converting its use from residential to office. All exterior building renovations to the existing structure, and the approximately 5500 square foot expansion adjacent thereto, shall be of similar materials of the same or higher quality as tho materials used in the existing structure. No expansion :: renovation will exceed one story in height. The free standing garage presently existing on the Property, shall not be enlarged. In all other respects, the garage shall be governed by these Proffers. 4. Any expansions shall be limited to inside the area shown on the Site Plan. In the event of the involuntary destruction of the existing structure or garage, any 4 reconstruction of said structures shall substantially conform to the Site Plan and appearance of the structures as they existed immediately prior to such involuntary destruction. 5. Any new construction or exterior renovations made to any structure facing Lake Joyce shall be compatible with I the architecture of the existing structure and shall employ residential design features to maintain a residential I appearance as viewed from Lake Joyce. 6. Vehicular access to the Property shall be restricted to the single curb cut as shown on the Site Plan. 7. Grantor shall prohibit and prevent any access to Lake Joyce from the Property by including in all leases or other legal documents, terms which prohibit such access except for the Grantor and his or her family. The Grantor shall not allow any access to Lake Joyce from or across the Property for any outdoor recreational purpose for which a conditional use permit is required. B. Grantor shall prohibit access to the 25 foot strip of land adjacent to the north, east and west perimeters of the Property for the purpose of clearing, cutting or removing any natural vegetation. This prohibition shall not preclude access by Grantor to said areas for maintenance of existing I improvements, nor shall this Proffer in any way restrict any access to, or use or activity within such area by the City of Virginia Beach. 9. Prior to any sale of the Property by Grantor at any time in the future, Grantor shall remove the existing dock 5 and adjoining stairway leading from the wooden dock into Lake JoYce and Grantor shall return that portion of the lake bank to its natural condition. 10. Grantor shall prohibit the use of any portion of the Property for an eating and drinking establishment as otherwise allowed as a conditional use in the 0-1 zoning district. ii. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable city codes by all cognizant City agencies and departments to meet all applicable city code requirements. All references hereinabove to zoning districts and to regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is ap- proved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of 6 legal action or suit to ensure compliance with such condi- tions, including mandatory or prohibitory injunction, abate- ment, damages or other appropriate action, suit or proceed- ings; (2) the failure to most all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition to the governing body for the revi:w thereof prior to instituting proceedings in court; and the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals: si 7 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me this 4- day of August, 1994 by Hayden 1. DuBay. Notary My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me this day of August, 1994 by sherri R. DuBay. Notary Public MY Commission Expires: - 31 PUBLIC HEARING ITEM # 385iO PL4NNING At or eY JO ePh A. L,,f, Phoiie: 628-5526, ri t' s 1800 Natiollsl)aiik Center, O,,e C()mnierical I'la,(@, Vorf(,Ik, epresciited thc applicaiii aiid rf,qucsted DEFERR4L. Upoll motion by C()uncil lady @trayhorii, vecoiided by Vice Mayor,';essoms, City Couiicil DEFERRED to the Nove"tber 22, 1994, City Couticil Sessioti, Oreiiiiaiice up(@ii al@plicatioii of P,4MON W. BREEDEN, Jr- for a Change ()f Zoiiirig I)ivtri(,t Cla,@@vificatioll: ORI)INA NCL,' UI'ON A I'llll(-A I ION Of,' R, I M ON W. fiRETL@l),4@@N, JR., F, OI? A CIL4 N(;I@,' 0 i" Z C)NIN(; [)I,,; 7'[?IC l' 1"I I'ION I @'R OM B - 4 7'0 R-@5S Orditiaiice upoit apl)lic,atioii of I?amoll W lirce@i(-ti, Jr., for a (,halige of Zo@iiiig Divtrict (,'Ia.,@,ificatioii from 11-4 Resort (otnniercial I)iVlrict to R-5,5 Residential ramily Distrit'i al tht@,%()ulheast irlters(,ctio,, of ,@outh Military il@hway ard Eastc"i Ilraiic-h I,,7izabelh River. The propo.yed zoniiig ciavsificatioii chang(, if) R-5.@ iv for siligle family resideiitial larid use oit lots no levs than 5,0()0 s(luare feet, 7he Coinprehcyisive, I'lati rccotnniends u@ve of tliiv parcel for urbart tnedium low density revid,,@itial laiid use at deiisities thit (ire compatible with multi-family use iii accorelaiice with other I'laii 1N,Iic-ies. Said I)arcel is located at 320 @)uth Military, IlighK,,iy (ili,l @o;lt(iills 11.640 acr(,,V. KtAtP,M1,LE I?OROII(,Il, 10-0 Couiicil Members Votilig Ayt,: Johii A. I3aum, Litiwood 0. firaiich, III, R(,bert K. I)tlan, Barbara M. Henley, Louis R. Joiies, Jollit 1). Moss, Ma),or we-yera I,,. OI)ertd()rf A'alicy K Parke'-, Vi((, Mayor William 1). Jr. and Louisa M ,5trayhorti Coulicil Menibers Votitig Nay. Noiie Coitiicil Mentbers Abstaiiiiiig: Williatii W. Ilarriv(,Ii, /r. (-@oiincil Members Ibselit. N(@tic Couticilmaii liarrivoii ABSTA-AED. Is ht- iv iii partrieryliip with Attoriiey Joseph A. Leafe, who i,epre.yeiiied the applicatit. 77iis application K-as MOI,'ED FORIFARD oil tlie Agcil(,'a p,,(,.r to Ilic PUBLIC HEARING. Oct(@ber 25, 1994 32 - APPOINTMENTS ITEM # 38511 Up- NOMINATION bY ',,ce May(@r Se@YsOtnsl CitY ((@uncil REAPPOINTED: COMMUNITY DEIIELOPMENT CITIZEN,4D"7soRy COMMI7TEE (CAC) 3-year Teri?ts 11101194 - 10131197 Ernest Benson - C)ueeti (ity Mary C. Etans - Doyletoh,ll Willie L. Gordon - Lake Sn,ith Alice H. Green - Newlight Is-C N. Herberl - Burton Station Carl J. Nagle, (U.S.A., Ret.) - At Lrge Aaroyi A. Patwotis - At Large .@adye R. Shaw - Nehsonte Farr?ls Mary E. J. Snzith - Reedtowli Susie D. Whitehutst - SealacklAtlatitic Park Howard M. Willianis - At Large L)onald Wright - Gracetowti Adi,isors Alo terni applicable: Elizabeth McClane Delores Turiier Voting: 11-0 Council Members Voting Aye: John A. Baum, Litiwood 0. ilralich ' III, I?obert K Dcaii, Rltlliam W. Ilarrison, Jr., Ilarbara M. flenley, Louis I?. Jories, Johii D. Mosv, Mayor Meyera E. Obertidorf, Naticy K Parker, Vi(e.4fay()r William D. @evsoms, Jr., and Louiva M. @tra-vho"i Council Members Votiiig Nay.- None Council Mcmbers Absent: None October 25, 1994 - 33 - Item III-K.2. APPOINTMENTS ITEM # 38512 Upon NOMINATION by Vice MayorSessoms, City Couitcil REAPPOINTED: HISTORICAL RE"EW BOARD Roland E. Hargrove, Sr Elizabeth F. McClane 2-year ternis 11101194 - 10131196 Voting: 11-0 (,@ouncil Members Voting Aye: Johii A. Baum, I,iriwood 0. firanch, III, Robert K Deati, William W. Harrison, Jr., Barbara M., Ilenley, Louis R. Joil", Johri D. Movs, Mayor Meyera E. Oberiidorf, Naticy K I'arker, Vict- Mavor William 1). @(@ssoms, Jr., apid Louiva W. @trayhorii Council Members Voting Nay: Noiie Council Members Abseitt: Non e October 25, 1994 34 Af APPOINT ENTS ,TEA, # 38513 Pon NoAl' U INAT'ON bY f'zce Afayr)rVessoms, Clty C(@ullcll'4pPOlNTED. PUBLJC L"BR4RY BO,4,ID Tr'pp T-YI61, President S(A (/to ter,,,) voti1g.. 11-0 Coutlcil Mlb,r, VOti"19,4ye.- Councll Alenber, VOtifig Aray: Noiie Council Mtnber, Abse,,,.- None October 25, 1994 4 M APPOINT ENTS ITEM # 38514 UP- NOMINATION by Vice,'Jayor,5essoms, CitY C,,uncil APPOINTED: REVIEW AND ALLOCATION COMMITTEE (COIG) Robert C. Spadaccini, Sr. Unexpired thru 01131196 Voting: 11-0 Council Members Voting Aye,- John A. Baum, Litiwood 0. Branch, III, Robel-I K Dean, William W. Harrison, Jr., Barbara M. I-letiley, Louis R. Joii(,.V, John D. M(@,vs, Mayor Meyera E. Obertidorf, Nancy K Parker, Vice Ma vor William D. @,,s,,m,, Jr., aiid Louiva V. @trayhorti Council Members Voting Nay: Noiie Council Members Absent: Noiie October 25, 1994 - 36 - APPOINTMENTS ITEM # 38515 Upon NOMINATION by Vice Mayor Scssoms, Cit,v Council RE,4PPOINTED: TR,4NSPORTATION SAFETY COMMISSION C. Cheyney Cole, Jr. Alfred M. Jacocks, Jr. David L. Pace Joseph Calhoutz Webb III 3-year ternis 11101194 - 10131197 Voting: 11-0 Council Members Voting Ave@ Johri A. Bauin, Littwood 0. Bratich, III, Robert K I)ean, William W. Harrison, Jr., Barbara M. Ifenlcy, l,ouiv R. Jotlev, Johri D. Moss, Mayor Meyera F. Obe"id(@rf Nalicy K Parker, Viceffavor William D. Sessoms, Jr., and Louiya .44. Strayh(@r@i Council Members Voting Nay, Non e - 37 - Item II-L.I. UNFINISIIED BUSINESS CITY COUNCIL POLICY ITEM # 38516 BY CONSEN,5US, City Couticil,@('I]I,;I)UIEI) FORL CITY ('OLINCIL SEssioN IN NOVEMBER: CITY COUNCIL POLICY. Cash Paynietit iii Lieu of Park Reservation Councilman Moss believed the Real Estate Assesyor should determitic the value of the dedicafion as the cash payment should equal the value of the dedication. lhert the staff can specify the mitigating factor if the City would be accepting less than the Real Estaic Assevv(,r determines the value of the dedication. The procedure would be pref(,'rabl,, to commeilce with a kit(,wti value aild then process toward the accepted value. Councilman Baum believed the Citv Ationicy,'.v Office aiid th(, I?e(il I,@.vtaic Agent should determine same rather than the Real Estate Ass,,ss(,r Councilman Dean referenccd pagc 2 and requested clarij7cati()', ()f the senterice: 'As-sessed Value. 7he accessed value of the property iv to be the curretit year of the subdivivion site plan submiftal. 7he asessed value of the proeprty is to he provided by the City As.%essor's Office. October 25, 1994 - 38 - Item III-L.2. UNFINISHED BUSINESS LAKE GASTON ITEM # 38517 Councilman Jones advised "go()d newv" relative Lake Gaston. Councilman Jones referenced the communicatiort of Mays aiid Valentine, the ('ity's Attorneys for Lake C,aston. Elizabcth A. Moler, Chair of the I,-ederal Ettergy Regulatory Commisvion has advived the first step in the Environmental Impact .5tatement process is now compl(-Ie. A DRAFT EIS will be issued iti February 1995. I'h@, fiii(il EIS Yhould be c(@mpletcd by the second quarter of 1995. A copy of the scc)pilig documc;if is also mad(, a part of the ret oi,l. October 25, 1994 39 - (JNF'NISHED BUSINESS STATEMENT ITEAf # 38518 Councilman A'fOss read a stalemcllt int" the record regardilig Executive Sessioll. "During the I'@ecutive Sesin, Ihe Ci v C,,unci traditiOnal practice,, pro 1- I in keeping with initiate a financial vided informal drectioll to the City Afanager to ob"gat"In fol the 'i c -tification, s;i,,c, th, up ( ty vub 'ic t I or the recorl , hi,, voteisprofor"', I walt my objecti()ns noted f comilig " I PrO 'Irma Objections c ti-@' "' 'h"' 'v'@, nY fut,r, dt, ild aiiiiot b,, tharacterized a, "aft(--r-1h,,' in nature. or At S -er Retreat, C(,uncil adt)pi,d th' gr,)und rul(!s for Council u Members to make statm,,t, regardi g keep,,,g wth th,,,,, gude I'@ecutiv(,,S,, n lillev. MY stateinent ()ctober 25, 1994 40 - ADJOURNMENT ITEM # 38519 Mayor Oberndorf DECLAPED the City Cou@icil Mectitig ADJOURNED at 8:55 P.M. --------------- Beverly 0. Hooks, CMC Chief Dcpuly City Clerk - ------- -- ---- ----- -------------------------- Ruth Hodges Smit/4 CMCIAAE Meyera I,@. Obe"idorf City Clerk Mayor City of Pirginia Beach rirginia October 25, 1994 VIRGINIA BEACH Outdoors Plan m OFPIGE OF THE Cl@ MAN@ER (80@) @21 42@2 MUNIC P@L CENTER 'A@ (804) @21 1135 VIRGINIA BEACH VIRGIN @ 23456 @l October 14, 1994 The Honorable Mayor and Members of Council CitY Of Virginia Beach Dear Council Members: Enclosed is the final draft of the Virginia Beach Outdoors Plan. It was felt it would be helpful for you to have time to review the Plan prior to your action scheduled for October 25, 1994. ff You desire a briefing on the Plan, please fee/ free to contact Susie Walston at 471-5884, Sincerely, IJames K. Spore City Manager JKSIKDH.-pp FINAL DRAFT VIRGINIA BEACH Outdoors Plan City of Virginia Beacb Department of Parks and Recreation De t of October 1994 VIRGMU BIEACH OUTDOORS PLAN Table of Contents OUTDOORS PLAN SYSTEM MAP I EXECLrrIVE S Y 2 MMODUCTION 6 OUTDOORS PLAN SYSTEM oGreenways and Scenic Waterways Network 11 9Heritage Resources Network 17 oParks and Golf Courses Network 21 &Public Beach Access Network 34 *TraUs Network 43 0Priority Projects 50 OUTDOORSPLAN ATION o Organizational Framework 56 o Financial Iu= and Funding Program 61 9 Acquisition and Development Policy 72 9 Future Work Program 83 APPENDICES ATable of Abbreviations BPublic Involvement and Presentations CPark Site Selection Guidelines and Development Criteria DDesip Guidelines and S ECommonwealth of Virginia 1992 Outdoors Survey FBibliography and Referenr-es GCredits/Participants List it I- @i t-&4 i ik2"@l I "WORLD'S LARGEST RESORT CITY" I Y (:OUN(@l@ WAYOR WPYP RA f. OBERNIX)RI; Al @l, Vl(:E, M YOR WILI.IAM 1) JR Al 10tiN A HAI ',M, I,INW(X)I) 0 B@INCII )II Vi,.@i@ B... R@)BERI K 1)@AN @i ..... Al@, @@.lh W W HAI?RISON, JR, BARi3ARA M fiENLEY, P.,,, &,,,,,h I III IIS R ION@,S. B@,,,d, a ff)HN 11 VOSS Al I NAN(@Y K I'ARKER, Al L.,,, I,OUISA 'iRAYIIOR!q K@,@, 28) 1:1 11 ti kl,l@ B(@11,I)iNI, JA@WES SI'O@, W@INI( l@@At, (:VNI I R LESLI@, I (:ill CITY COUNCIL AGENDA VIRI;INIl[IPAl:t VIR(;INIA21@11,11@"@ 12@ OCTOBER 25, 1994 1. CITY MANAGER'S BRIEFINGS - Council Chamber - 3:00 PM A. PARKING - CROATAN, LITTLE ISLAND and OCEANFRONT Ralph A. Smith, Director, Public Works B. STORM WATER ENTERPRISE FUND Ralph A. Smith, Director, Public Works II. INFORMAL SESSION Council Chamber - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. CITY COUNCIL CONCERNS D. RECESS TO EXECUTIVE SESSION Ill. FORMAL SESSION Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Thomas P. Reynolds, Jr. Heritage United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1 . INFORMAL & FORMAL SESSIONS October 11, 1994 G. PUBLIC HEARINGS 1. SPECIAL SERVICE DISTRICT SANDBRIDGE 2. CITY CHARTER AMENDMENT ELECTORAL PLAN H. RESOLUTIONS/ORDINANCES 1. Resolution to request the General Assembly AMEND the Charter of the City of Virginia Beach, Virginia, re the existing Councilmanic Electoral Plan. 2. Resolutions to program the Virginia Department of Transportation's (VDOT) urban system highway projects; and, that the City pay its share of the total costs: a. Improvement of Laskin Road from Birdneck Road to Pacific Avenue (Laskin Road, Phase 11, CIP #2-165), a distance of approximately 1.0 miles. b. Improvement of Laskin Road from Route 44 to First Colonial Road (Laskin Road, Phase III, CIP #2-264), a distance of approximately 1.4 miles. C. Improvement of Ferrell Parkway from Landstown Road to North Courthouse Loop (Ferrell Parkway, Phase 11, CIP #2-305), a distance of approximately 2.2 miles. d. Improvement of Ferrell Parkway from Princess Anne Road to General Booth Boulevard (Ferrell Parkway, Phase V, CIP #2-096), a distance of approximately 2.7 miles. Deferred: September 13, 1994 3. Resolution to authorize the City Manager to submit an application to the Virginia Department of Transportation (VDOT) for the award of a Grant to assist the City of Virginia Beach in its efforts to enhance its on-going Alternative Fuel Program. 4. Ordinance to DECLARE EXCESS PROPERTY a sixty-six (66)-foot-wide strip designated as Parcel C, running between Indian River Road and Princess Anne Road (a former railroad right-of-way) in the petition of J. Harry and Katheryn H. Mote; and, to AUTHORIZE the City Manager to dispose of same (PUNGO BOROUGH). Deferred: September 20, 1994 5. Ordinance to ADOPT the Virginia Beach Outdoors Plan; and, authorize the City Manager to execute the Virginia Beach Outdoors Plan Workplan Summary. 1. 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 . Resolution to authorize the Director of Finance to make payment on lost Mini bonds, (General Obligation Public Improvement Minibonds, dated October 12, 1994, maturity): a. R-305 $ 500.00 Peggy B. Simmons and Tracey J. Franklin, 909 Maryland Avenue, Virginia Beach, Virginia b. R-251 and R-252 $1 0,000.00 each Herman J. and Mary A. Cooper, 193 Commodore Drive, Norfolk, Virginia 2. Ordinance to formalize acceptance of the Courthouse Elementary School Site for the Pendleton Child Service Center; and, authorize the City Manager to execute the necessary documents to accomplish this acceptance. 3. Ordinance to authorize License Refunds in the amount of $59,013.92. 4. Ordinance to authorize Tax Refunds in the amount of $1,268.65. J. PUBLIC HEARING 1 . PLANNING a. Ordinance for discontinuance, clogure and abandonment in the Petition of LAWRENCE A. SANCILIO, RACHEL V. SANCILIO, LENA SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANKIVIRGINIA, Trustees under the Will of Israel Steingoid, (LYNNHAVEN BOROUGH): (1) Wagner Street - Beginning at the Southern boundary of Bonney Road and running in a Southerly direction a distance of 1096 feet more or less to the Northern boundary of the Virginia Beach-Norfolk Expressway. (2) First Street - Beginning at the Western Boundary of Avenue E and running in a Westerly direction a distance of 349.78 feet. (3) Avenue E - Western 25.01 feet, beginning at a point 200 feet South of First Street and running in a Southerly direction a distance of 214.67 feet to the Northern boundary of the Virginia Beach-Norfolk Expressway. Deferred Indefinitely: July 6, 1993 Deferred for Compliance: September 28, 1993 Deferred additional 180 days: April 12, 1994 Recommendation: ADDITIONAL 180 DAY DEFERRAL b. Application of THE FIRST LYNNH"EN BAPTIST CHURCH for a Conditional Use Permit for a church at the Northeast corner of Salem and Lisban Roads (2336 Salem Road), containing 15.748 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL C. Applications of HAYDEN 1. and SHERRI R. DUBAY for Conditional Chan@f Zonina District Classifications on the North side of Shore Drive (4360 Shore Drive) (BAYSIDE BOROUGH): (1) R-@5 esidential District to -1 Office District, 1210 feet more or less East of Greenwell Road, containing 21,126.6 square feet. (2) B-2 Community Business District to 0- 1 Office District, 1285 feet more or less East of Greenwell Road, containing 20,778.12 square feet. Recommendation: APPROVAL d. Application of RAMON W. BREEDEN, JR. for a Chanae of Zoning District Classification from B-4 Resort Commercial District to R-5S Residential Sinale- Family District at the Southeast Intersection of South Military Highway and the Eastern Branch of the Elizabeth River (320 South Military Highway), containing 11.640 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL K. APPOINTMENTS COMMUNITY DEVELOPMENT CITIZEN ADVISORY COMMITTEE (CAC) HISTORICAL REVIEW BOARD PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COIG) TRANSPORTATION SAFETY COMMISSION L. UNFINISHED BUSINESS 1. CITY COUNCIL POLICY: Cash Payment in Lieu of Park Reservation M. NEW BUSINESS N. ADJOURNMENT 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 (TDD - Telephonic Device for the Deaf) 10/20/94cmd AGENDA\10--24-94.PLN M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 25, 1994 Mayor Meyera E. Oberndorf called to order the CITY M4NAGER'S BRIEFING to the 117RGINL4 BEACH CITY COUNCIL in th(, (,ouiicil Chamber, (ity Ifall Building, ()II Tuesday, October 25, 7994, at 3:00 Pm, Council Members Present: John A. Bauni, Linwood 0. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Joii(,s, John D. Moss, Mayor Meyera I,'. Oberndorf, Nancy K. I'arker and Vit(, Mayor William D. Sessoms Council Members Absent. Louisa M. @travhorit 3:22 P.M.] rice Mayor Sessoms, being a Corporate Officer of Central l,i(lelity Bank disclosed there may be matters on the agenda in which he has! a '@ersonal interest", as defitied in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. 7he Vice Mayor regularly makes thiv Disclosure as he may or may not know of the Bank's interest in ally application that may come before City CounciL Vice Mavor Sessoms' letter of,@el)tcmber 27, 1994, is hercb-i, mad(, a part of the record. 2 CITY MANAGER'S BRIEFING PARKING - CROATAN, LITTLE ISLAND AND OCEANFRONT 3:00 P.M. ITEM # 38484 Henry Ruiz, Director - Parking @ystems, summarized the revenues generated from various components of the Parking Enterprise Progranz with the utilizati(@ri of slides. 7he Parking Lot Revenue Comparison (May 18 - September 21) reflects a difference in the revenues from 1993 ($252,581) to 1994 ($271,075) of approximately $20,000. This is basically attributed to the addition of the 25th Street Parking Lot. However, revenues have been lost from the Fourth Street operation. 7he Municipal Parking Lots reflect stabilize Mr. Ruiz displayed the chart depicting the comparisons of revenues generated for the month of August 7here is approximately a $12,000 loss of revenue for that particular montl; which can be attributed to several factors. More vehicles are utilizing short term parking on the streets. Some of the preparations for demolishing the Dome had an impact on the utilization (@f that facility. 7he chart depicting the vehicle comparison for August further confirms the S12,000 loss depicting 2600 less vehicles that utilized the facility. Mr. Ruiz referenced the 25th Street Parking Lot Chart. 7his graph displays the Total Revenues of $48,594.00 fr(@m the time the lot was opened on June 15, 1994 through 5eptember 30, 1994. Parking meters contribute the majority of funds to the Parking Enterprise Program. Mr. Ruiz cited the actual revenue comparison from May through @eptember: 1993 - $507,016, and 1994 - $539,304. Mr. Ruiz cited the Revenue derived from Parking Tickets ivsued b,i l'olice and I'ark@ing Systems. REVENUES 1993 1994 Police $166,721 $207,233 Parking Systems $125,262 $153,040 ACTUAL TICKETS COLLECTED AND ACTUAL REVENUES AS OF SEPTEMBER 30,1994 Parking Systems Tickets (,(@llccledl 1802S 5153,040.(IO Actual Revenues Police Tickets Collected / Actual Revenues 15050 $207,233.00 TOTAL 33684 $360,273.00 RESIDENTIAL PARKING PERMIT 1,7OL4TIONS TICKETS ISSUED January 1, 1994 - October 4, 1994 TYPE OF VIOLATION NUMBER OF FINE PENALTY VIOLATIONS ISSUED Residential Parking permit 7363 $ 25. Of) $ 50.00 SUMMARY OF ACTUAL REVENUES RESIDENTIAL PARKING PERMIT 1170L,4TIONS January 1, 1994 - October 4, 1994 Residential Parking Permit program DecalsIPasses $ 6,540.00 FinesIViolatioris $120,542.00 TOTAL $127,082.00 October 25, 1994 3 CITY MANAGER'S BRIEFING PARKING - CROATAN, LITTLE ISLAND AND OCEANFRONT ITEM # 38484 (Continued) The Parking Systems personnel who issue tickets will be on the same radio frequency as the police, thus these individuals will have direct contact with the police to itiform them of violations. The Parking System Contractors are issuing more tickets than the Police; howei,cr, th(, revenues are reversed The Police write high value tickets ie., handicapped parking, et cetera. Approximately 5,000 Virginia Beach residents utilized the I'arkiiig facilities at the City Decal reduced rate with usage at the Dome, 25th, ]9th Streets and Sandbridge. The Total amount collected at the $1.00 rate was $4,887 for the period from August I to September 2, 1994, Thin equates to a loss in revenue of approximately $15,000. A total of 3,139 local residents took advantage of the discount at the Little Island Parking Lot during the period August 1, 1994 through September 5, 1994. The Park and Ride Program was initiated this year. I'arki)ig alit-iitiatits give each patron four free trolley tickets and a discount ticket to tht, Variiie @ciei7c(, Museunt. Opi(- out of evetv seven return to ride the trolley. 7'he Parking Lot Revenues for the Municipal Lots (contribute th(, least atriount of revenues to the Parking Enterprise Fund PARKING ENTERPRISE FUIVD FY 94-95 INCOMEIEXPENIif,' SIMMARY Anticipated Income (FY 94-95) Parking Vefcr.N $ 539,000 Parking Lots $ 271,000 Parking FiiieslI'eiialties $ 400,000 RPPII DecalYII'asses 5 6@540 TOTAL $1,216,540 ExpenseslObligatiotis Enterprise Fund Operating Budget S 463,000 General l,und Indirect @ervices s 100,000 CIP - (,'it -vwi(l(, I'arkitig $ 53,000 T(IIII" $ 150.000 I'(;IT,'from ilifi(ISII'e)talties Collected 5 4()O-000 TOTAL $1,166,000 Parking Eiiierpris(, l,und Retained I,,ariiiiigs S @ 50,540 TOTAL $1,216,540 Mr. Ruiz displayed a breakdown of the origin of the City's public parking custonzers. The survey was conducted byparkirig lotattendaiits aiidmeter ellforcemeittpei-soiiiit,l. Over 14,500 vehicles were surveyed from May I through @eptemb(,r 30. 1994, and identified 1)@, (:if@ or license platcs. October 25, 1994 4 CITY MANAGER'S BRIEFING PARKING - CROATAN, LITTLE I.@L4ND AND OCEANFRONT ITEM # 38484 (Continued) Mr. Ruiz reiterated the 1995 Parking Management Initiatives. Hourly Parking Rates for Municipal Lots: 25th Street With the installation of a ticket dispenser, it is practical and feasible to adjust parking fi@es to an hourly rate. 7he conversion can be accomplished for the 1995 opening of the p(irkitig facility aid an estimated coyi (,f $32,000. Other Municipal Lots Due to the ulicertaiiit -v of the future dt-v(!Io[)tn(,iii of the 19th @ireet Lot, it is recommended not to invest in th(, equipmf,iii needed to convert day rate use to houriv rates. Parking Merchant Validation Once hourly rates f(@r parkii7g at the 25th @tre(,t Vuiiicipal Parking Lot are established. a parking validation program (an be implemented. 1995 RPPP Program Currently the staff is coordinating Cilywide public input to develop recommendations for next year'.v program. 7'hi@sc recommendations will be brought to City Council for approval in I)c(t@ml)er. Parking Management Operatiopis Parking Lot Dates and Hourv of Operation Current 19th @treet, Dome, 25th Street, and 4th @irect May 15 - ;t!ptctnber 30 8@ 00 A.M. - 12:00 A.M. Proposed 19th ';Ireet, Dome, 25th @ireet, and 4th ';Ir(,et April I - ';eptember 30 S. 00 /1. M. - 2: 00 1'. M. Current Sandbridge (2 Lots) 9:00 A.M. - 5,-OO 1'.M. Memorial I)a-i Weekend - Labor Da-V W(@cke@1(i proposed Sandbridge (2 Lots) 9:00 A.M. - 5:00 I'M. Memorial I)a) Weekend - Labor Day Weekf,@ici October 25, 1994 5 CITY MANAGER'S BRIEFING PARKING - CROATAN, LITTLE ISLAND AND OCEANFRONT ITEM # 38484 (Continued) Parking Meter Enforcefizeiit Current May I @eptember 30 *8:00 A.M. - 12:00 A.M. Proposed April I September 30 *S:00 A.M. - 2:00 A.M. *Contractual (,;ifoi t t@ment (Police will (-oiili@iu(, to (,@ifor(c until 6:00 A.M.) Residential Parking Permit Program Enforcement Current April I - October 31 *8:00 A.M. - 2:00 A.M. Proposed April I - @@epicin bt,r 30 *,@: 00 P M. - 3: 00 A. M. *Contractual enforcement (Police will coiiii;tut, /,) enforce until 6:00 A.M.) FY95-96 BUDGET CONSIDERATIONS Contract for Ilatidicap I,itforc(,tneiii (,it@)widt, Utilize Ilayid-held Ticket Writerv Utilize Vehicl(- immobilizer (1@ools) ft)r,@coffluK,,% an(] Iii(reaS(, I'arking Ticket Collection fff(@ris Develop RFP for ("(@mprchc@nsii,,c I'ark@iti,@ @@,stent uti(i l,iiiaticial Analysis. October 25, 1994 @7 - 6 - CITY MANAG ER 'S BRIE FIN G STORM WATER ENTERPRISE FUND ITEM # 38485 BY CONSENSUS, City Council RESCHEDULED the STORM WATER ENTERPRISE FUND BRIEFING until the City Council ';essiori of N(Yvember 1, 1994@ October 2@, 1994 - 7 ITEM # 38486 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the P7RGINL4 BFACH CITY COUNCIL in the Council (.hamber, City Hall Building, on lu(,sda-Y, October 25, 1994, at 4:00 P.M. Council Members Present: John A. Baurn, Linwood 0. Branch, III, Rob(-ri K. Dean, William W Harrison, Jr., Barbara M. Ileiiley, Louiv R. Jones, Iohii D. Moss, Mayor Meyera I,,, Oberndorf, Naitcy K I'arkcr, Vi(c M(i-Vor William D. Sessoms, Jr. and l,ouiva M. @trayhorii Council Members Absent: None October 25, 1994 - 8 - CITY COUNCIL CON('ERNS ITEM # 38487 Council Lady Henley referenced the issue of Excess Property and inquired if the City declares certain property excess, and then invites the adjoining proeprty owners to apply to purchase same, or can someone simply apply to purchase property that has not been declared "excess". The City Manager advised it was his understanding it could work either way. Ihe City Council asked in thepast, that the Staff systematically review City-owned parcels to determine if there isproperty that can be disposed A significant number of individuals interested in the property have initiated the requests, as opposed to the City initiating vami,. Council Lady Ifenley expresv(d concert relative the individual incurring all the (@oyts of providing the survey, plats, etc., as same may ot tnav not be approved by Cit@, Council. Per City Council direction, thc, City Manager advised the 51aff has instituted a new procedure and will bring these requests to City (ouiicil',y attention, prior to the individual incurring this expense. Council Lady Henley referenced the Ordinance to DECL4RE EXCESS PROPERTY a sixty-six (66)- foot-wide strip designated as I'art-(!l C, running between Indian River Road and Princess Anne Road (a former railroad right-of-way,) in thepetitioii of J. Harry and Katheryn H. Mote; and, to AUTHORIZE the Cit), Manager to dispose of sam(, (IUN(;O BOROU(,'II)(Sct, ll(,tti III-IL4 of the Formal Agenda). The City Manager advised the pro[)(,rtv f)K,Pier initiated tiny i-f,quest (iii(I sa.7t(, was prior to @taffv change in procedure. ITEM # 38488 Councilman Baum advised a problem relative Storntwater Management in the rural area which needs to be addressed as it appears this is not necessary in the southern end of the City. l,()r this area of the City to pay fees for very little vervices is not proper. Rcvivioiis might be necessary to the ordinance. ITEM # 38489 Councilman Moss presented a status report concerning the Joint School BoardICity Council VOTEC Center. A meeting was held last week which Council Lady Parker, interested business and Navy representatives attended. They are art schedule to deliver the top five-to-ten career fields which this facility should center on by November 9, 1994. 7he site selection Yhould be determined by November 15, 1994, and then move forwaril to size out the facility to Yulil@ort the @chool Board's CIP request. Councilman Moss will be coortliiiaiiiig with the City Maiia,@t,r rt,latii)(, tht, debt available to invest in such a facilit.,@. Councilman Moss will forward information to Members of City ( (iuiicil in th(,ir Agenda packages. ITEM # 38490 Mayor Oberndorf referenced corresly)ttdence from Michael Newvome, Legislative and Regulatory Affairs Committee for the Tidewater Builders Association. Mr. N(,ws(@tn(- requested Building Code violations be made a civil penalty instead of a criminal penalty. Same was reviewed by the Cit)) Attorriey's office and Permits 2ndInspections who determined this change would not be ((),VI-effective. 77ie Building Code could riot be enforced without ensuring compliance with applicable (@oiistru(-Iioii @taiidardy. October 25, 1994 - 9 - ITEM # 38491 Mayor Meyera E Oberndorf entertained a motion to permit (,'it) (council to conduct its EXECUTRE SESSION, pursuant to 5ectioii 2.1-344, Code of @irgiiiia, as eint(-nded, for the following purpose: @RSONNEL MATTERS: Discussion or consideration (@f or interviews of prospective candidates for employment, assignment, appointment, promotion, perf(irmance, demotion, salaries, disciplining, or resignation of specific public (@fficers, appointees, or empl(@vt,cy pursuant to Section 2.1-344 (A) (1)@ To Wit: Appointments: floarclv and (,ommivvioiis. Community Development Advivor-% Committee Ilistorical Review Ifoard l'ublic Library Boartl Review and Allocation C'onimittet,l Transportation Safety (,omtniv@vioit PUBLICLY-HELD PROPERTY.- Discuvvio)i (ir consideration of the condition, acquisition, or use of real property ft)i public purpose, or of the disposition of publicly-held property, or of plaits for the future of an institution which could affect the value t)fprol)ei-t@@ owile(i or desirable for owiier.yhip by such i)istitutio;i I?urvuatit f(i 2.1-344(A)(3) l'o-Wit: Acquisition of property - 1riiic(!ss Aiiiit, Borough LEGAL AL4 ITERS, Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other vpecific legal mailers requ(-Stitig the provisions of legal advice I)i! (ouiisel pursuant to Sf,(-Iioti 2.1 -@?44(A)(7). To-Wit: lool (corrosion - Recreati(@it (:e;it(,r@ Legal IYsu@@s - Amphitheater - Real I-,'.Ytat(- Watt(,rs Virginia Beach Boroughl l'-@,;itthavert liorough Upon motion by @ice Mayor S(,Ssoins, seconded by Council l,adi, I'arker, City Council voted to proceed ipito EXECUT@ SESSION. Voting: 11-0 Council Members Voting Ayt,. John A. Baunt, Liriwood 0. Branch, III, Robert K. Dean, William W. Ilarri.von, Jr., Barbara M. Ilcnley, Louis R. Jones, Joh)t D. Movs, Mayor Meyera,F,'. Oberndorf, Nancy K Parker, Vic(@ .4laVor William D. Sessoms, Jr., and Louisa M. @trayhorii Council Memberv Voting Nay None Council Members Absent: None October 25, 1994 - 10 - FORMAL SESION fl'IRGINIA BEACH CITY COL'N('IL October 25, 1994 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the 1,7RGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on 7u(-sday, October 25, 1994, at 6:00 PM. Council Members Present: John A. Baum, Linwood 0. Branch, III, Robert K. Dean, William W. Ilarrisort, Jr., Barbara M. Henley, louis R. Jones, I()Iln D. Moss, Mayor Meyera E. Oberndorf, Naticy K Parker, Vi(c Mavor William D. Sesvoms, Jr. and Louiva M. .@trayho"i Council Members Absent. None INVOC'ATION.- Reverend Ihomas P. Reynolds,, Jr. fleritage United Methodist Church PLED(;E OF F-LEGIANCE TO October 25, 1994 Lie m II -@E. I CERTIFICATION OF EXECUTIVE SESSION ITEM 38492 Upon motion by @ice Mayor,@esvoms, sec otided by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by rirgitiia law were discussed in 1-@ecutive @ession to which this certification resolution applies; AN]-), Only such public business matters as were identified in the motion convening the P@e(utive @evsioii were heard, discussed or considered by rirginia Beach ("it%@ (council. Voting: 11-0 Council Members Voting lye John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W. Ilarrisoii. Jr., Barbara M. Ilenlcy, Louis R. Jones, John 1). Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice May,)r William D. Sessotm, Jr., and Louisa W. @trayhorii Council Members Voting Na@@ None Council Meinberv Absent: None October 25, 1994 Ott CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 38491, Page No. 9, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in confomiity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Rljfh Hodges Siiith, CMC/AAE October 25, 1994 City Clerk - 12 - Ltem ILI-F.] MINUTES ITEM # 38493 Upon ?notion by Vice Mayor ,;essoms, seconded by Council Lady ilarker, CitY Council APPROIED the Minutes of the INFORM,4L AND FORMAL SESSIONS of October 11, 1994. Voting: 9-0 Council Members Voting Ayt, John A. Baum, Robert K. Dean, William W. flarrivoii, Jr., Barbara M. Henley, Louis R. Iones, Mayor Meyera 1,@. Oberndorf, Naiicy, K. I'arker, Louisa M. @trayhorii and Vice May(@r William I). @esyonks, Jr. Council Members Voting Na@,. None Council Membery Abstaining: Litiw(@od 0. Ilrait(h, III, and Joliii D. Moyy Council Vfembers Absent. None Council Memberv Branch and Moss zlIiS7A]NEI) as thea@ wer(, )io( in attendance during the City Council Session of October 11, 1994@ October 25, 1994 - 13 - Lt e m IIL- G I PUBLIC HEARING ITEM # 38494 Mayor Oberndorf DECLARED A PUBLIC HEARING: SPECIAL SER117CE DISTRICT - SANDBRIDGE The following spoke in SUPPORT of the @pecial 5ervi(@c District Bernie Williamv, 2832,5aitdpipcr I?f)a(l, I'hoiie: 721-6418, of the,@aiidbridge Beach Civic Leagui., Attorney R. J. Nutter, 140.5 Blu(, Ilt,roit Road, phone: 481-06.il, represented thirteen property owners in @ndbridge Admiral Dick Dunleavy, 2200 @aii(lpiper, I'hoti(,: 426- 0225 Y'om Fraim, 2501 Sandfiddlcr, I'liopit@: 721-3366, represented (11(-.@(1pidbridge ((@alition Attorney 1,@d Bourdon, Ihoiic: 499-8971, adviyed the easements ar(, still acceptable and endorsed by the oceanfront property owiiery. The following spoke in OPPOSITION.- Lou Pace, 1908 Iiunts N(!ck ('ourt, 1'17oiie: 468-0925 Councii'man Baum referenced correspondence from Charles 7raul), III, in OPPOSITION. Said letter is hereby made a part of the rf-i ord. ]'here being no further speakers, Mavor Oberndorf CLOSED TLFE PUBLIC HEARING. October 25, 1994 - 14 -- Item III-G,2 PUBLIC HEARING ITEM # 38495 Mayor Oberndorf DECLARED A PUBLIC HEARING: CITY CHARTER AMENDMENT - ELECTORAL PLAN 7he following registered to speak i)i SUPPORT of the Charter Ainciidmelit: Les Fenlon, 2224 Scallop I?oad, I'horie. 481-2501, reprevt,piteti tht, (council of (ivic Organizations Sidney %Iorecock, 205 50th I'hone: 428-4192 Al @tra2zullo, 3120 Sandpi@ic Road, I'liopie: 481-0024 Lou Pa4,e, 1908 Hunts Neck ('ourt, I'hone: 468-0925 I'he following registered in OPPOSITION: Judith (,onnors, 3958 Whispering Oaks, Ilhone: 464--3640 Deane ;Klliams, 4220,@ancly liav I)rii@e, I'hoiie: 464--3388 7'here being no further Ypeakci@s, Ma.vt)r Oberndorf CLOSED THE PUBLIC HEARING. October 25, 1994 1 AN RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY TO AMEND THE CITY'S 3 EXISTING COUNCILMANIC ELECTORAL PLAN 4 WHEREAS, the City of Virginia Beach desires the General 5 Assembly to amend the City's existing councilmanic electoral plan 6 to provide for division of the City into seven districts of 7 approximately equal population, with seven members to be elected 8 only by the voters of their respective districts, and three members 9 and the mayor to be elected by and from the City at large; 10 WHEREAS, S 15.1-835 of the Code of Virginia provides that 11 11[i]n lieu of the election (referendum) provided for in S 15.1-834, 12 a county or municipal corporation desiring the General Assembly... 13 to amend its existing charter may hold a public hearing with 14 respect thereto, at which citizens shall have an opportunity to be 15 heard to determine if the citizens of the county or municipal 16 corporation desire that the county or municipal corporation request 17 the General Assembly ... to amend its existing charter"; 18 WHEREAS, pursuant to the provisions of S 15.1-835, the 19 City of Virginia Beach advertised a notice of public hearing and an 20 informative summary of the proposed Charter amendment at least ten 21 days prior to the scheduled public hearing; 22 WHEREAS, the aforementioned public hearing was held on 23 October 25, 1994; and 24 WHEREAS, based on the comments received from citizens at 25 the public hearing, City Council desires to proceed with requesting 26 the General Assembly to amend the City's existing councilmanic 27 electoral plan. 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 That, pursuant to S 15.1-835 of the Code of Virginia, the 31 General Assembly is hereby requested to introduce a bill in its 32 1995 Session to amend the City's existing councilmanic electoral 33 plan in the manner provided in the "Proposed Amendment to the 34 Charter of the City of Virginia Beach" which is attached hereto as 35 Exhibit A, and is hereby incorporated by reference. 36 BE IT FURTHER RESOLVED: 37 That the city Clerk is hereby directed to transmit (1) 38 the publisher's affidavit showing that a notice of public hearing 39 and informative summary were duly advertised as required by S 15.1- 40 835 of the Code of Virginia; (2) certification that the advertised 41 public hearing was held at the Councills regularly-scheduled 42 meeting on October 25, 1994; and (3) a certified copy of this 43 Resolution, to one or more members of the City's local delegation 44 to the General Assembly. 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia, on the 25 day of October 1994. 47 CA-5745 48 ORDIN\NONCODE\ELECT.RES 49 R-3 50 PREPARED: 10/19/94 EXHIBIT A 1 PROPOSED AMENDMENT TO THE CHARTER OF THE CITY 2 OF VIRGINIA BEACH, VIRGINIA, BY AMENDING 3 SECTIONS 3.01 AND 3.02:1 AND ADDING SECTIONS 4 3.02 AND 3.02:1.1 PERTAINING TO THE DIVISION 5 OF THE CITY INTO DISTRICTS, AND COUNCIL 6 ELECTIONS 7 Sec. 3.01. Division of city into bereughe districts, 8 9 The city shall be divided into seven 10 districts one ef sueh ber-ouejhs-. inia 11 Beash as emisting i 12 eh&Lmtei! at d sha!3: -be 13 the remaining sim bereughb shal:l eeraprise the six 14 districts ef Prineess Anne 15 preeeeding the effective date 16 equal population which shall be numbered one through seven, knewn 17 as the beee 18 Prineess Anne (feet 19 sha3:1 20 be ele-e'----' ameng t 21 the seven bar-euejhs and t 22 23 (b) The bo 24 establ 25 therea iusted 26 noil. 27 on and a cg hall 28 eleven members, including the mayor. One member to be elected by 29 the cju the seven di- icts from the 30 residents of each o r 31 to be elected by a 32 Sec. 3.02:1. Election of govasilmen councilmenbers. 3 3 There shall be a general election on the first Tuesday in 34 May in even-numbered years for the election of eeunailinen 35 councilmembers to replace those whose terms expire at the end of 3 6 June of that year. The term of office for each eeuneilman 37 councilmember shall commence on July I next following the date of 38 election and shall continue until his successor has been duly 39 elected and qualified. All: eetinelimen and the mayer- shal:3: -be 40 eleeted fer terms ef fear years. Each candidate shall state, at 41 the time of filing, whether he is running at !al-ge from the bet-eugh 42 district of his residence, for an at-large seat, or for mayor. 43 Candidates for council shall be nominated only by petition in the 44 manner prescribed by general law. 45 See. 3.02:1.1. I of district t)lan. 46 (a) The terms of the members who are-.elected from the 47 Blackwater, rincess An nia Beach boroughs at the 48 general election in may of 1996, shall ex, 49 (b) leld in May of 1998. the 50 qualified voters 51 elect a single member from their respective districts for terms of 52 four years, the I st@ricts numbered four 53 through seven shall elec 54 districts for terms of two--years, and the 55 city at larcte shall elpnt twn our 56 years. Thereafter, All councilmembers and ttle mayor be 57 elected for terms S. 58 Adopted by the Council of the City of Virginia Beach, 59 Virginia, on the day of 1994. 60 CA-5745 61 ORDIN\NONCODE\CHARTER.AMD 62 R-2 63 PREPARED: 10/06/94 2 - 15 Item 111-H.I. RESOIIUTIONSIORDINANCE.5 ITEM # 38496 Upon motion by Councilman Moss, seconded by Councilman I)eaii, City Council ADOPTED: Resolution to request the (;eneral Assembly AMEND the Charter of the City of Virginia Bea(@h, Virginia, re the cxivtittg Couneilnianic Electoral Plan. Voting.- 6-5 Council Members Voting Ay(, Robert K Dean, liarbara M. Henley, John I). Moss, Mayor Mey(,ra E Oberndorf, Naticy K. I'arker and Louisa M. Sti-ayhorit Council Members Voting Nai. John A. Bauj?t, I.itiw(x)d 0. Branch, III, William W Harrison, Jr., Louis R. Jones and Viet- Mayor William D. Sessoms fi Council Members Absent: None October 25, 1994 I AN RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY TO AMEND THE CITY'S 3 EXISTING COUNCILMANIC ELECTORAL PLAN 4 WHEREAS, the City of Virginia Beach desires the General 5 Assembly to amend the City's existing councilmanic electoral plan 6 to provide for division of the City into seven districts of 7 approximately equal population, with seven members to be elected 8 only by the voters of their respective districts, and three members 9 and the mayor to be elected by and from the City at large; 10 WHEREAS, S 15. 1-835 of the Code of Virginia provides that 11 11(i]n lieu of the election (referendum] provided for in S 15.1-834, 12 a county or municipal corporation desiring the General Assembly... 13 to amend its existing charter may hold a public hearing with 14 respect thereto, at which citizens shall have an opportunity to be 15 heard to determine if the citizens of the county or municipal 16 corporation desire that the county or municipal corporation request 17 the General Assembly... to amend its existing charter"; 18 WHEREAS, pursuant to the provisions of S 15.1-835, the 19 City of Virginia Beach advertised a notice of public hearing and an 20 informative summary of the proposed Charter amendment at least ten 21 days prior to the scheduled public hearing; 22 WHEREAS, the aforementioned public hearing was held on 23 October 25, 1994; and 24 WHEREAS, based on the comments received from citizens at 25 the public hearing, City Council desires to proceed with requesting 26 the General Assembly to amend the City's existing councilmanic 27 electoral plan. 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 That, pursuant to S 15.1-835 of the Code of Virginia, the 31 General Assembly is hereby requested to introduce a bill in its 32 1995 Session to amend the City's existing councilmanic electoral 33 plan in the manner provided in the "Proposed Amendment to the 34 Charter of the City of Virginia Beach" which is attached hereto as 35 Exhibit A, and is hereby incorporated by reference. 36 BE IT FURTHER RESOLVED: 37 That the City Clerk is hereby directed to transmit (1) 38 the publisher's affidavit showing that a notice of public hearing 39 and informative summary were duly advertised as required by S 15.1- 40 835 of the Code of Virginia; (2) certification that the advertised 41 public hearing was held at the Councills regularly-scheduled 42 meeting on October 25, 1994; and (3) a certified copy of this 43 Resolution, to one or more members of the City's local delegation 44 to the General Assembly. 45 Adopted by the Council of the City of Virginia Beach, 46 Virginia, on the 25 day of Octol)er 1994. 47 CA-5745 48 ORDIN\NONCODE\ELECT.RES 49 R-3 50 PREPARED: 10/19/94 EXHIBIT A 1 PROPOSED AMENDMENT TO THE CHARTER OF THE CITY 2 OF VIRGINIA BEACH, VIRGINIA, BY AMENDING 3 SECTIONS 3. 01 AND 3.02: 1 AND ADDING SECTIONS 4 3.02 AND 3.02:1.1 PERTAINING TO THE DIVISION 5 OF THE CITY INTO DISTRICTS, AND COUNCIL 6 ELECTIONS 7 See. 3.01. Division of city into boroughs districts, 8 of eausail. 9 (a) The city shall be divided into seven bet-etiejhs. 10 districts one ef sueh ber-euejhs shall eempr-ise the Gity ef- Virg' 11 Beaeh as emisting immediately preceding the effeet've date e-@ this 12 Charter and shall be i(neien as the bereuejh ef Vii-ginia Beaeh, @ 13 the lger-eughs shall eempr-ise- the six maEjistei-ia3: 14 districts ef Prineess Anne eeunty as e)eisting . ..... e-diatel:,, 15 preeeeding the effective date ef this Gharter and of anoroximatelv 16 equal population which shall be numbered one through seven, !Enewn 17 as the ber-eughs ef Bayside, Blae!Ewatet-, Kempsville, 13ynnhav@, 18 Prineess Anne (fer-faer-ly !Eneien as --ea--ear--@', and The eeune44 19 shall eensist ef eleven mefftber , --.e3:udinEj the mayer, one mefnber- te 20 be eleeted by the eity at large frem amenej the residents ef eaeh ef 21 the seven bereuejhs and three fftember-s and the fnayer- te be el:eeted b!,x 22 and fi-em the eity at large. 23 (b) The boundaries and names of such districts shall be 24 established by ordinance on or before September 1. 1995, and 25 thereafter, the boundaries shall be adjusted as provided by law, 26 Sec. 3.02. Composition of council. 27 on and after July 1. 1998, the council shall consist of 28 eleven members, including the mayor, one member to be elected bv 29 the qualified voters of each of the seven districts from among the 30 residents of each of the districts, and three members and the mayor 31 to be elected by and from the city at large. 32 800. 3.02:1. Election of GOUR@ilMen councilmembers. 33 There shall be a general election on the first Tuesday in 34 May in even-numbered years for the election of eeuneiimen 35 councilmembers to replace those whose terms expire at the end of 3 6 June of that year. The term of office for each eeuneilman 37 councilmember shall commence on July 1 next following the date of 38 election and shall continue until his successor has been duly 39 elected and qualified. All: eettneilmen and the mayer 40 eleeted fer terms ef feur years. Each candidate shall state, at 41 the time of filing, whether he is running at I:ai-Eje from the bereugh 42 district of his residence, for an at-large seat, or for mayor. 43 Candidates for council shall be nominated only by petition in the 44 manner prescribed by general law. 45 See. 3.02:1.1. Implementation of district Plan. 46 (a) The terms of the members who are elected from the 47 Blackwater. Princess Anne and Virginia Beach boroughs at the 48 general election in MaV of 1996, shall expire on June 30, 1998. 49 (b) At the general election held in MaV of 1998, the 50 qualified voters of the districts numbered one through three shall 51 elect a single member from their respective districts for terms of 52 four years, the qualified voters of the districts numbered four 53 through seven shall elect a sinale ME eir respective 54 districts for terms of_two years, and the qualified voters of the 55 city at large shall elect two at-larae members for terms of four 56 years. Thereafter, all councilmembers and the mavor shall-be 57 elected for terms of four years. 58 Adopted by the Council of the City of Virginia Beach, 59 Virgi.nia, on the day of 1994. 60 CA-5745 61 ORDIN\NONCODE\CHARTER.AMD 62 R-2 63 PREPARED: 10/06/94 2 m III-if RESOLUTIONSIORDINANCES ITEM 38497 A motion was made by Vice Mayor 5essoms, seconded by Council Lady Strayhorn to 4DOPT Resolutions to program the Virginia Department of Transportation's (VDOT) urban system highway projects (A -D). A motion was made by Councilman Moss to ADOPT A AND B and DENY C and D of the Resolutions to program the rirginia Department (@f Transportations (VDOT) urban vyst(,m highway projects. There being no 5ECOND, Motion as WITHDRAWN. Upon SUBSTITUTE MOTION by Councilman Dealt, seconded by Council Lady Henley, City Council DEFERRED to the Not,eniber 22, 1994, City Council Session: Resolutions to program the Virginia Depart7ncnt of Transportations (f,'DOT) urban system highway projects, and, that the City pay its share of the total costs: A. Improvement of Laskin Road from Iiirelite(k Road to I'acific Avenue (Laskin Road, Phase II, CIP #2-165), a distanc-(- of apl)r(@timatel)@ 1.0 miles. B. Improvement of Laskin Road from Rout(, 44 to I,irvi (,ol(@iiial Road (Laskin Road, Phase 111, CIP #2-264), a diviaii(t, (if approximately 1.4 miles. C Improveme@it (@f Ferrell Parkway fr(iin Laii@i.@f(@wti Road to North Courthouse Loop (Ferrell Parkway, Phase II, CIP #2-305), a distance of approximately 2.2 miles. D. Improvement of I@'errell Parkwa @, from 1riiicess Anne Road to Ceneral Booth Boulevarel (Ferrell Parkway, Phase I,, "P #2-096), a distance of approximately 2.7 miles (A Briefing is scheduled for tlt(, Vov(,mber 15, 1994, ('(lull( i,' W(irksho[)) Voting: II-o* Council Members Voting Ay(,. John A. Baum, Linwood 0. Branch, III, Robert K Dealt, William W. Harrison, Jr., Barbara M. Henley, *],ouiv R. J(@ii(@s, Iohii D. Moss, Mayor Meyera F. Oberndorf, Naiicy K. Parker, Vicf,,Wu@,(,r William D. Sessoms, Jr., and Louisa %I. ';Irayho"i Council Members Voting Nay. Non e Council Members Abstaining. *Louis R. Jones L,ERBALL Y ABSTAINED oil lfcm 2(, as this particular road froiiis properit, he owns. Council Members Absent: None October 25, 1994 - 17 - Item III-H.3. RESOLUTIONSIORDINANCES ITEM # 38498 Upon motion by Face Mayor @essc)ms, seconded by C(@uncilmati 34oss, City Council ADOPTED: Resolution tt@ authorize the City Manager to submit an application to the Virginia Department of Transportation (VDOT) ft)r the award of a Grant to assist the City of Virginia Beach in its efforts fe) (-ithaiicc its on -going Alternative Fuel Program. Voting: 11-0 Council Members Voting Ay(,. John A. liaum, Linwood 0. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John I). Woss, Mayor Meyera E Oberndorf, Na@icy K Parker, Vice Ma),or William 1). @esvoms, Jr., and Louisa M. @trayhorii Council Members Voting Na.@ . None Council Members Absent: None October 25, 1994 I A RESOLUTION AUTHORIZING THE CITY 2 MANAGER TO SUBMIT AN APPLICATION TO 3 THE VIRGINIA DEPARTMENT OF TRANS- 4 PORTATION FOR THE AWARD OF A GRANT 5 TO ASSIST THE CITY OF VIRGINIA BEACH 6 IN ITS EFFORTS TO ENHANCE ITS 7 ONGOING ALTERNATIVE FUEL PROGRAM 8 WHEREAS, the Clean Air Act passed by Congress requires 9 localities to develop strategies for the use of alternative fuels; 10 WHEREAS, the City of Virginia Beach wishes to enhance its 11 ongoing alternative fuel program; and 12 WHEREAS, grant funds are available from the Virginia 13 Department of Transportation for the purpose of supporting 14 alternative fuel programs by assisting localities with the costs 15 incurred in the implementation and enhancement of such programs. 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 That City Council hereby authorizes the City Manager to 19 submit an application to the Virginia Department of Transportation 20 for the award of a grant to assist the City of Virginia Beach in 21 its efforts to enhance its ongoing alternative fuel program. 22 BE IT FURTHER RESOLVED: 23 That the City Clerk is hereby directed to forward a 24 certified copy of this Resolution to the Virginia Department of 25 Transportation. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia, on the 25 __ day of October----, 1994. AP, 70 28 CA-5754 29 ORDIN\NONCODE\FUEL.RES 30 R-1 31 PREPARED: 10/19/94 - 18 - em I-H.4. RESOLUTIONSIORDINANCES ITEM # 38499 J. Harry Mote, 4307 Ocean I@'rolit Avenue, Phone: 499-8533, the applicant Upon motion by Councilman Baum, secoitded by Vice Mayor Se.%soms, City Council ADOPTED: Ordinance to DECLAPX EXCESS PROPERTY a sixty-six (66)-f(x)t- wide strip designated as Iarcel C, running between Indian River Road andprince,vs linne Road (aformer railroad right-of-way) in thepetition of J. Harty and Katheryn H. Mote, and, to AUTHORIZE the City Manager to diypose of same (PUN(;O I?OROI,,(;[I) The following condition vhall b(, rt-quired: 1. @rchaser iy required to have a re-subdii,isioti plat prepared to eliminate, I(,t lines between areas of lik(, (ownership. Voting: 7-4 Council Members Voting lye. John A. Baum, Linwood 0. Branch, III, Robert K. Dean, William W. Harrison, Jr., Louiv R. Jones, Vice Mayor William I). @essoms, Jr., and Loui,va M. Str(ivholll Council Members Voting Nay. Barbara M. IIciile -v, John D. Moss, Mayor Mcyera F. Oberndorf and Nancy K I'arker Council Memberv Absent: None October 25, 1994 1 AN ORDINANCE DECLARING CERTAIN 2 PROPERTY EXCESS AND AUTHORIZING THE 3 CITY MANAGER TO DISPOSE OF SAME 4 WHEREAS, the City of Virginia Beach acquired ownership 5 of the following described property by deed recorded in Deed 6 Book 2417, at page 1540; and 7 WHEREAS, the City Council is of the opinion that the 8 following described property is in excess of the needs of the City 9 of Virginia Beach. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 1. That the following described property is hereby 13 declared to be in excess of the needs of the City of Virginia Beach 14 and that the City Manager is authorized to convey said property in 15 the manner he deems in the best interests of the City of Virginia 16 Beach reserving therein any and all easements pertaining thereto, 17 and further that such property be declared in excess of the needs 18 of the City and is more particularly described as follows: 19 All that certain lot, piece or parcel of land situate in 20 the City of Virginia Beach, Virginia, and being 21 designated as "PARCEL C" as shown on that certain plat 22 entitled: "PLAT SHOWING PARCEL C PROPERTY OF THE CITY OF 23 VIRGINIA BEACH, PUNGO BOROUGH--VIRGINIA BEACH, VIRGINIA 24 SCALE: I''= 601 DATE: MAY 2, 1994, 11 which said plat is 25 attached hereto as "Exhibit All and shall be recorded in 26 the Clerk's Office of the Circuit Court of the City of 27 Virginia Beach upon approval. 28 2. This strip of land shall be incorporated into 29 purchaser's contiguous property by resubdivision thereby 30 eliminating all internal lot lines. 31 3. Subject to the provisions of Ordinance No. 92-2112C 32 (Water Supply Emergency Ordinance), as amended, any building site 33 created shall connect to public water and sewer where available. 34 4. This Ordinance shall be effective from the date of 35 its adoption. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 2) - day of October 1994. APPROVED AS TO CONTENT 38 CA-5706 39 ORDIN\NONCODE\Moteexcs.Ord Llepartment of 40 R-2 41 9/28/94 APPROVED AS TO LEGAL SUFFICIENCY ,",56t Department of Law This Deed of EASEMENT, made this - day of 1 1994, by and between J. HARRY MOTE and KATHERYN H. MOTE, husband and wife, Grantor, party of the first part, and the CITY OF VIRGINIA BEACH, a municipal corporation of the State of Virginia, Grantee, party of the second part. W I T N E S S E T H Whereas, by a certain Quitclaim Deed of even date herewith and duly recorded immediately prior hereto and simultaneously herewith in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, the CITY OF VIRGINIA BEACH did grant unto Grantor herein, certain property lying, situate and being in the City of Virginia Beach, Virginia, having a legal description as followsi ALL THAT certain lot, piece or parcel of land situate in the Pungo Borough of the City of Virginia Beach, Virginia and being designated as "PARCEL C', on that certain plat entitled, "Plat Showing PARCEL C Property of the City of Virginia Beach - Pungo Borough - Virginia Beach, Virginia - Scale: 1" = 60' - May 2, 1994", prepared by Harold C. Warren, Jr., Land Surveyor, a copy of which plat is attached to the deed from Grantee herein to Grantor herein recorded immediately prior hereto as Exhibit "A"; and Whereas, the Grantee herein, as well as its successors and assigns, and Grantor herein, as well as its successors and assigns in PARCEL C aforesaid, desire to reserve unto the Grantee herein an easement more fully described as follows: A twenty foot (20') wide Drainage & Utility Easement running the length of the strip of property conveyed by the Grantee herein to the Grantor herein in that certain Quitclaim Deed recorded immediately pdor hereto, as depicted upon the above-referenced plat of PARCEL C attached to the aforesaid deed as Exhibit "A". G. P. 1. N. Now, Therefore, This Deed Witnesseth: That for and in consideration of the sum of $10.00 cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, and the agreement of all Grantees herein to be governed by the covenants and restrictions herein, the Grantor herein, does hereby grant and convey unto Grantee, or its successors and assigns, with Special Warranty of Title, all that certain twenty foot (20') easement more fully described as: A twenty foot (20') wide Drainage & Utility Easement running the length of the strip of property conveyed by the Grantee herein to the Grantor herein in that certain Quitclaim Deed recorded immediately prior hereto, as depicted upon that certain plat entitled, "Plat Showing PARCEL C Property of the City of Virginia Beach - Pungo Borough - Virginia Beach, Virginia - Scale : 1" = 60' - May 2, 1994", prepared by Harold C. Warren, Jr., Land Surveyor, a copy of which plat is attached as Exhibit "A" to the deed from Grantee herein to Grantor herein recorded immediately prior hereto; it is the intention of the parties hereto that this easement shall run with the land. This conveyance is made expressly subject to the conditions, restrictions, easements and reservations of record, if any, affecting the aforesaid property and constituting constructive notice. Grantees agree to bear full responsibility for their use and enjoyment of the easement herein granted and, to the fullest extent permitted by law, to hold Grantor harmless from any claim of damages to person or premises resulting from the use thereof by any Grantee. Except as herein granted, the Grantor herein, its successors and assigns, shall continue to have the full use and enjoyment of the property. 2 Witness the following signature and seal, all as of the day and year first hereinabove written. (SEAL) J HARRY MOTE (SEAL) KATHERYN H. MOTE STATE OF VIRGINIA, At Large CITY OF VIRGINIA BEACH, to-wit The foregoing instrument was acknowledged before me this - day of September, 1994, by J. Harry Mote and Katheryn H. Mote, husband and wife. (SEAL) Notary Public My commission expires: 3 PETITION TO DECLARE CERTAIN PROPERTY EXCESS AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS PROPERTY OWNER P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, J.Harry & Katheryn H. Mote by counsel, respectfully represents as follows: 1. That Petitioner applies to @he Mayor and the Council of the City of Virginia Beach, Virginia, for an ordinance declaring the hereinafter described property to be in excess of the needs of the City of Virginia Beach and to authorize the City Manager to convey the property to the Petitioner upon payment of fair market value as determined by qualified appraisal. 2. That your Petitioner owns the property contiguous to the hereinafter described property. And that further the hereinafter described property has no utility unless joined to the contiguous property of Petitioner. 3. The property your Petitioner is asking to be declared in excess of the needs of the City of Virginia Beach so that he may purchase same is hereby described as follows: ALL THAT CERTAIN lot, piece or parcel of land situate in the City of Virginia Beach, Virginia and being designated as NPARCEL C" on that certain plat entitled "Plat showing Parcel C property of the City of Virginia Beach, Pungo Borough' which is attached hereto and shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach upon approval. 4. That no inconvenience will result to any person or property owner by reason of the sale of the hereinabove described property. WHEREFORE, your Petitioner prays that the Mayor and City Council of the City of Virginia Beach, Virginia, declare the hereinabove described property to be in excess of the needs of the city of Virginia Beach and to authorize the City Manager to convey same to your Petitioner upon payment to the City of Virginia Beach, for the fair market value of said property as determined by qualified appraisal. Respectfully submitted, J. Harry & Katheryn H. mote By (Attorney's Name Address Phone Number) Charles D. Pittman, Jr. 206 3rd Street, Suite 201 Virginia Beach, VA 23451 Phone Number: 437-8000 L)OO 0 0 CP 000 000 0 80 Rb LOI ow R BE V D BY H 0 ODC'DADCN DV C)/W C7KIr R)PAPT P /9 104 .............. .. ... .... ........... 3i ---------- ..... ... .... .. - -- ----- -- ---- ---- - - - - ------- .......... - 19 - tem III-H.5 RESOLUTIONSIORDINANCES ITEM # 38500 The following registered in SUPPORT of the Ordinance: Les Fenlori, 2224 Scallop Road, llliotie: 481-2501 Patricia Orr, 973 Earl of ],,,Yscx Ar(h, Phone: 481-.3608, represented the Tidewater Horse Council, 4-11 Horse Club Jeni Louder, 2789 West (,ibbs Road, I'hone: 421-3401 Amanda Louder, 2789 West (;ibbs Road, Ihorie:421-3401 Reese Lukei, Jr., 1046 Azalea Court. I'h(iiie: 340-5948 Upon motion by Council Lady I'arker, seconded by Iiaum, City (council ADOPTED, AS AMENDED: Ordinance to ADOPT the Virginia Beach Outdoors Plan; and, authorize the City Manager i(@ execute the lrzrgitiia Beach Outdoors Plan Workplan Sumnwry. *]'he following paragraph vhall he AMENDED.- BF IT FURTIIER ORL)AINI,,I): that the, @ Martagei is hu,chy outh,@,izud to tit exe,cuiit),, 7f the again Beach Ou@)t7,s Plot, @ir .... ary, aituched hr?-rt,, us th,, ft7 irfi,,r tii,d b,t tT c),,h,)dird i,@ Beach !'la" That the City Manager is herebv authorized to oroceed with execution of the Virginia Beach Outdo(@rl Ila)i, and, to provide CiU Council a Business Plan for its imi7lemettlatioii prior a execution o the Wo k@laii @5unL@r Voting: 11-0 Council Members Voting Aye. John A. Baum, Linwood 0. Branck III, Robert K Dean, William W. Harrison, Jr., Barbara M. Ifenley, l,ouiv R. Joii(@s. John D, Moss, Mayor Meyera E. Oberndorf, Nancy K Parker, Vic-e,,Vfavor William D. @essoms, Jr., and Louisa W. @trayhorti Council Members Voting Nav None Council Members Absent: None October 25, 1994 AN ORDINANCE TO ADOP'R THE VHtGE%aA BEACH OUTDOORS PLAN WHEREAS, the City of Virginia Beach is blessed with an abundance of natural, cultural, historic, and recreational resources which contribute to the well-being of the City's economy and the quality of life for residents and visitors alike, WHEREAS, this unique mix of resources to a great extent defines and gives identity to the City of Virginia Beach, WHEREAS, the primary objective of the Virginia Beach Outdoors Plan is to set forth a means of maintaining and enhancing these resources, WHEREAS, the Virginia Beach Outdoors Plan reflects a joint effort of the Parks and Recreation Commission, Planning Commission and the Greenways, Trails, and Bikeways Committee to define in one document the City's philosophy regarding its natural and recreational resources of an outdoor nature, and WHEREAS, the adopted City of Virginia Beach Capital Improvements Programs establishes funding in the Outdoors Plan Initiative Reserve to be utilized to implement the Virginia Beach Outdoors Plan, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Virginia Beach Outdoors Plan attached hereto is hereby ordained for use as a general statement of philosophy regarding the planning, protection, design, development, financing, construction, management, and maintenance of its natural and recreational resources of an outdoor nature. BE IT FURTHER ORDAINED: That the Virginia Beach Outdoors Plan shall be used as the conceptual framework upon which all future activities related to the outdoors system will be based. BE IT FURTHER ORDAINED: That the City Manager is hereby authorized to proceed with execution of the Virginia Beach Outdoors Plan; and, to provide City Council a Business Plan for its implementation prior to execution of the Workplan Summary. BE IT FURTHER ORDAINED- That the City Manager shall report on a periodic basis to the City Council concerning progress being made towards implementation of the Virginia Beach Outdoors Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 25 day of October -, 1994. - 20 - Item III-I. CONSENT AGENDA ITEM # 38501 Upon motion by ;'ice Mayor Sessom, seconded by Council Lady @trayhorn, City Council APPROVED in ONE MOTION, Items I a.b., 2, -3 and 4 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Ayc. John A. Baum, Linwood 0. Branch, III, I?ob(,i I K. Dean, William W. Harrison, Jr., liarbara M. Henl(,y, Louiy R. Jotit,s,,Jolin 1). Movv, Ma'vor Meyera E. Ob(@nidorf, Naiicy K Parker, ViceVtji,(,r William 1). @cssotnsl Jr., and l,ouiya W. @trayliorti Council Members Voting Nay. None Council Members Absent: None October 25, 1994 - 21 - Item III-IL. CONSENT AGENDA ITEM # 38502 Upon motion by Vice Ma),or seconded by Council .';tra-yh(@r;t, (:ily Council ADOPTED: Resolution to authorize the Director of Finance to make payment on lost Minibonds, (General Obligation Iublic Improvement Viiiibonds, dated October 12, 1994, maturit),): R-305 'S 500.00 Peggy B. ';immotis and 1race)- J. I-raiikliii, 909 Marylaii(i zlveliue, Virginia Beach, Virginia R-251 and R-252 810,000.00 each Hermait I. and Mary, A. (,o(ip(,r, 193 I)i-ii,c, Norfolk, Vi@@i)iia Voting: 11-0 Council Members Voting Ayt@ John A. Baum, Linwood 0. Branch, III, I?obeir K Dean, William W Harri.voti, Jr., Ilarbara M. llcpile'V, l,ouiv R. Joiit@s, Ioliii D. Moys, Mayor Meyera P. Ot)erti&)rf, Naiicy K I'arker, Vice Va v,)t- I Villiai7i 1). @c,svoms, Jr., and I,ouivei M Strayhorii Council Membery Voting Nay. Non e Council Members Absent: None October 25, 1994 2 3 A RESOLUTION TO AUTHORIZE 4 PAYMENT OF LOST MINISONDS 5 6 7 8 WHEREAS, the General Obligation Public Improvement Bonds, Series of 9 1989B, 1994 maturity (Capital Appreciation Minibonds), hereinafter "Minibondsm, were 10 issued in Registered form and were not transferable or assignable pursuant to the 11 authorizing Resolution adopted by City Council on September 11, 1989, and the stated 12 terms on the Bonds; 13 WHEREAS, those Minibonds were all issued in $500 denominations and 1 4 or more and bearing 6.4% annuaj rate of interest, dated October 12, 1989, and maturing 15 October 12, 1994; 16 WHEREAS, Peggy B. Simmons and Tracey J. Franklin of 909 Maryland 1 7 Avenue, Virginia Beach, Virginia 23451, have affirmed that they are the sole legal and 1 8 beneficial owners of certain of the Minibonds, numbered R-305 and valued at $500.00; 1 9 WHEREAS, Herman J. Cooper and Mary A. Cooper of 193 Commodore 20 Drive, Norfolk, Virginia 23503, have affirmed that they are the sole legal and beneficial 21 owners of certain of the Minibonds, numbered R-251 and R-252 and valued at 22 $10,000.00 each; 23 WHEREAS, the owners of each of these Minibonds have also affirmed that 24 the said securities have been lost or misplaced; 25 WHEREAS, each of these owners have complied with all legal provisions 26 to effect replacement of said security by providing appropriate affidavits; and 27 WHEREAS, John T. Atkinson, City Treasurer, has determined that because 28 of the non-transferable nature of the Minibonds, no indemnities shall be required. 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 That the Department of Finance, the Registrar on said Minibonds, is 32 directed to pay to each of said owners the value of their respective Minibonds, Principal 33 and Interest accrued, on the date of maturity without the necessity of replacing the lost 34 or misplaced Minibond. 35 AdoptedbytheCounciloftheCityofVirginiaBeach,Virginia,onthe 25 36 day of October 1994. 37 38 "QVED A. I [E;, f-@ IL- ,6PPROV@:P A"" T:) LEGAL @U.@FiC!ENCY A.ND FCRM (,, IT, IFTCL@@@Y AFFIDAVIT OF LOSS STATE OF VIRGINIA )Ss. CITY/COUNTY OF Virginia Beach The undersigned (hereinafter called 'Deponent"), being duly swom, deposes and says that: (1) Deponent is an adult whose mailing address is ClDct ti(i -3 @ / L/0- and Ls the owner of or is acting in a representative or fiduciary capacity with respect to certain securities (describe of security, identification numt>er, and number of shares or face value): 1989B General Obligation Public Improvemeiit Minibonds, Numbers(s) E- 305 DO issued by City of Virginia Beach, V@nia (hereinafter called the "Issuing Corporation") and registered in the name of. F-?- ct pe- 4& Li 15 C4 A 4 kace Li - (2) Deporient further says that the aforesaid security or securities (hereinafter called the "Original', whether one or more) have been lost, stolen, destroyed or misplaced under the following circumstances: (3) That said Original (was not) endorsed. (If endorsed, describe form of endorsement and state whether signature was guaranteed ) (4) Deponent has made or caused to be made diligent search for Original, and has been unable to find or recover same, and that DeporienL was the unconditional owner of Original at the time of loss, and is entitled to the full and exclusive possession thereof, that neither the Original no( the rights of Deponent therein have, in whole or in part, been assigned, transferred, hypothecated, pledged or otherwise disposed of, in any manner whatsoever, and that no person, firm or corporation other than Deponent has any right, title, claim, equity or interest in, to, or respecting Original or the proceeds thereof, except as mav be @ forth in Statement @5) foilovnn@ AVIT OF LOSS AFFID T OF LOSS STATE OF VIRGINIA CITY/COUNTY OF Vi@nia Beach )Ss. The undersigned (hereinafter called "Deponent'), being duty swom, deposes and says that: (1) Deponent is an adult whose mafling address is 193 i)@lbe, Lo P6 / /< and is the owner of or is acting in a representative or fiduciary capacity with respect to certain securities (describe of security, identification nu@ f shares or face value): ) 17" 6 -199IR General Obligation Public Improvement Minibonds, Numbers(s) issued by City of Vi@nia Beach, @z;ginia He,e MaAj J,-ConeeIL and Int+,tti Islas M,qp-v 4.(,Oove @ A /)C( @10 A@.4 /U T.@ C,0,9 @@ -1 (hereinafter called the "l@uing Corporation") and registered in the name of- 1 (2) Deponent further says that the aforesaid security or securities (hereinafter called the 'Original', whether one or more) have been lost, stolen, destroyed or misplaced under the following circumstances: 0,@A) AJ6 Fl X) Z) /3 O)l Cl.5 (was) (3) That said Original (was not) endorsed. (If endorsed, describe form of endorsement and state whether signature was guaranteed.) (4) Deponent has made or caused to be made diligent search for Original, and has been unable to find or recover same, and that Deponent was the unconditional owner of Original at the time of loss, and is entitled to the full and exclusive possession thereof-, that neither the Original not the rights of Deponent therein have, in whole or in part, been assigned, transferred, hypothecated, pledged or otherwise disposed of, in any maaner whatsoever, and that no person, firm or corporation other than Deponent has any right, title, claim, equity or interest in, to, or respecting Original or the proceeds thereof, except as may be set forth in Statement (5) following. (5) (If Deponent's interest in the Original is in a representative or fiduciary capacity, indicate below the designation of such capacity, i.e., Administrator, Executor, etc., and the title of the estate, as follows): Deponent is of the estate of /i/@ (Specify names of any other persons having an interest in the Original. List them below and indicate the nature of their interest, such as heir, legatee, etc.) NAME INTEREST (6) Deponent makes this affidavit for the purpose of requesting and inducing the Issuing Corporation and its agents to issue new securities in, or payment in lieu of, substitution for the Original. (7) Deponent agrees that if said Original should ever come into Deponent's hands, custody or power, Deponent will immediately and without consideration surrender Original to Issuing Corporation, its transfer agents or subscription agents for cancellation. (8) Signed, sealed and dated:@@@ 3v 19 7-3 f Sworn to and subscribed before me this -30 day of I Signature of Deponent Y PUBLI@J (Affix Notarial ScaU My Commission expires: 17L7 Sworn to and subscribed before me this -@ 0 day of 19@. Spture of Deponent NO'RARY PUBLIC (Affix Notarial Seal) 0 my commission expires: @7 7 - 22 - Item III-1.2. CONSENT AGENDA ITEM # 38503 Upon motion by rice Mayor @essoms, seconded by Council Latly @trayhorii, City Council ADOPTED: Ordinance toformalize acceptance of the Courthouse Elementary School Site for the Pendleton Child Service Center; and, authorize the City Manager to execute the necessary docutnc)its to accomplish this acceptance. Voting: 11-0 Council Members Voting Ay(,: John A. Baum, Linwood (J. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Ilenley, Louis R. Jones, John D. Movs, Mayor Meyera F. Oberi?dorf, Naticy K Parker, William 1). Scssoms, Jr., and Louiyu M. .@trayhorii Council Members Voting Nay: None Council Members Absent. None October 25, 1994 1 AN ORDINANCE TO FORMALIZE ACCEPTANCE 2 OF COURTHOUSE ELEMENTARY SCHOOL SITE 3 FOR THE PENDLETON CHILD SERVICE 4 CENTER 5 WHEREAS, the City Council of the City of Virginia Beach 6 on March 22, 1994, authorized and directed the City Manager to 7 request the commonwealth of Virginia to provide the City fifty 8 percent (50%) of the costs of renovation of a building for the 9 Pendleton Child Service Center; 10 WHEREAS, the City of Virginia Beach included among its 11 capital improvement projects adopted on May 11, 1994, Capital 12 Improvement Project ("CIP'l) # 3-992, Renovation of the Courthouse 13 Elementary School as a new site for thE@ Pendleton Child Service 14 Center; 15 WHEREAS, the Virginia Beach School Board has cooperated 16 in this effort and has transferred ownership of the Courthouse 17 Elementary School site to the City of Virginia Beach; 18 WHEREAS, the City Council of the City of Virginia Beach, 19 Virginia, wishes to formally authorize acceptance of this property. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 1. That the City of Virginia Beach hereby formalizes its 23 acceptance of the Courthouse Elementary School site; and 24 2. That the City Council hereby authorizes the City 25 Manager to execute any documents necessary to accomplish the 26 acceptance of this property as a new site for the Pendleton Child 27 Service Center. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia on the - 2) day of October-- 1994. 30 CA-5709 31 Ordin\Noncode\Gift 32 Prepared: 9/6/94 'FENTS 33 Revised 10/4/94 34 10/12/94 THIS AGREEMENT, Made this day of 1994, by and between the SCHOOL BOARD OF THE CITY 0 BEACH, hereinafter referred to as "School Board," and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "City." WITNESSETH: That for and in consideration of the mutual benefits accruing or to be accrued to the above-mentioned parties, and other valuable consideration, receipt of which is hereby acknowledged, the City agrees to accept and the School Board agrees to convey, free from all liens, all its rights and interests in the following described land together with all improvements to the City by deed of Special Warranty, properly executed, acknowledged, and delivered, free from all encumbrances. The land and improvements subject to this Agreement (hereinafter referred to as "the land") are described as follows: All that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated and described as: "PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH AREA - 303,943 SQ. FT. - 6.98 ACRES." as shown on that certain plat entitled: "PLAT SHOWING PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FROM THE CITY OF VIRGINIA BEACH SCHOOL BOARD PRINCESS ANNE BOROUGH -- VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA DATE: APRIL 28, 1993 SCALE: ite = 100,11. Said plat being recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book -, at page , to which reference is made for a more pa t@l ular description. CLAUSE NO. 1: It is expressly understood and agreed by the City that it assumes the obligation to meet any environmental requirements, state, federal, or local associated with the property including any requirements arising by reason of underground fuel oil storage tanks located on the property. CLAUSE NO. 2: It is expressly agreed and understood by the School Board that its dedication of property to the City includes the conveyance of all modular units located thereon to the City. (The modular units are referred to as "portable classrooms" in the School Board's Resolution of June 21, 1994.) CLRUSZ NO. 3: It is expressly understood that the modular units will be vacated by the School Board upon mutual agreement by the City Manager and the Division Superintendent. Both the City Manager and the Division Superintendent recognize that the School Board may be unable to vacate the modular units for at least one year, but in any event they shall be vacated by June 30, 1995. CLAUSE NO. 4: It is expressly understood that the School Board will vacate the two-story building on the site no later than June 30, 1995. CLAUSE NO. 5: THE AGREEMENTS AND REPRESENTATIONS CONTAINED IN THESE PARAGRAPHS SHALL SURVIVE THE OCCURRENCE OF ANY EVENT WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, FINAL CLOSING AND DELIVERY OF THE DEED TRANSFERRING TITLE TO THE LAND. Approved as to Approved as to Approved as to Content &j7 al Suff c . ,rn lency,l Sghool Board General Services ty Attorney 2 WITNESS the following signatures and seals: SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By oivisiopKSuperintendent (SEAL) Clerk of thA/School CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By Y,. ',\J@ C@fy Manager/A'dgiori'zed DI%-4gnee of the-City Manager (SEAL) ATTEST: I Cify Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that Division Superintendent, and Clerk, on behalf of the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH, whose names are signed to the foregoing writing, have acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 1994. vi I Notary Public My commission expires: 31-qg- 3 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that *-,S City Manager/Authorized Designee of the City Manager of the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, whose name is signed to the foregoing writing, has acknowledged the same before me in my City and State aforesaid. Given under my hand this @day of 1994. (f, )X. Nc My commission expires: 13, .1 -7 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, o- - @. i@'D , a Notary Public in and for the City and State aforesaid, do hereby certify that Ruth Hodges Smith, City Clerk of the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, whose name is signed to the foregoing writing, has acknowledged the same before me in my City and State aforesaid. Given under my hand this 16 day of Tt- 1994. <f @. @ Notary Publ c my commission expires: 4 - 23 tem III-H3. CONSENT AGENDA ITEM # 385o4 Upon motion by Vice Mayor .5esvoms, seconded by Council Lady, 5trayhorn, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $59ei3.92 $64,973.50 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. BrancA III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D. Sessoms, Jr., and Louisa M. @trayhorn Council Members Voting Nay: None Council Members Absent.- Non e (@ctober 25, 1994 NO CA 9 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 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 Smith Barney Harris Upham & -'o. 14 Wall Street 1992-93 Audit IIC.43 410.43 New York, NY 10005 The Southwestern Co. 1994 7/94 3,7@Ci.00 3,750.00 P.O. Box 30514 Nashville, TN 37230 Tag In The Back Inc. 1992-94 Audit 4c'.00 40.00 5404 Dalrymple Street Virginia Beach, VA 23464 Today Homes Inc. 1991-93 Audit 3,253.12 T/A Chesapeake Homes 717 Battlefield Blvd. Chesapeake, VA 23320 Certified as to Payment: @obert P. Vaughan Commissioner of the RWen/ue Approved as to form: resli@ L. Lill4y- City Attorney This ordinance shall be effective from date of adoption. Theaboveabatement(s)totaling $ 7,453-55 were approved by the Council 25 Octobei 94 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk No c@ a @@ am 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 lnt. Total Year Paid Travel Unlimited of VA Inc. 109@-93 Audit '7 @. 9 7 3 . 96 1830 Kempsville Road #106 Virginia Beach, VA 23464 Trexler, Janet A. 1992-93 Audit 171.22 171.22 T/A Kempsriver Painting 1304 Fundy Court Virginia Beach, VA 23464 Way International The 1993-94 Audit 60.C)C) 60.00 P.O. Box 328 New Knoxville, OH 45871 Wayside Advertising Agency Inc. 4220 Virginia Beach Blvd. 1994 Audit @@.35 73.35 Virginia Beach, VA 23452 Certified as to Payment: obert P. Vaughan Commissioner of the Revenue Approved as to form: @eslie L. Lille City Attorney This ordinance shall be effective from date of adoption. Theaboveabatement(s)totaling 8 37R 1)@ were approved by the Council of the City of Virginia Beach on the 25 day of October '19 94 Ruth Hodges Smith City Clerk NO. CA a P". Su 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 Uoense Date Base Penalty lnt. Total Year Paid Reasor, Woodrow W. 1993-94 Audit 10.30 T/A Fairfield self storage 5299 Greenwich Road Virginia Beach, VA 23462 Richey, Jon C., President 1992-93 Audit 9H.29 98.29 J & N Inc. T/A Mudbones Tavern 3243 Yorkborough way Virginia Beach, VA 23456 Siska, Craig A. t993 Audit 48@,.82 486.82 T/A C A Siska Landscape Archt 2268 Calvert street Virginia Beach, VA 23451 Certified as to Payment: @obert P. Vaughan Commissioner of the Revenue Approved as to form: @sWe L. Lifiey City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 59 5. 41 were approved by the Council of the City of Virginia Beach on the25day of October '19 94 Ruth Hodges Smith City Clerk NO. @ 0 FEV@ 3M 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 lnt. Total Year Paid Jones Goldberg Design Ltd. 199 Audit 28.32 110 53rd Street Virginia Beach, VA 23451 TesterTnan, I@. E., President 199'@, Audit 591.75 591.75 Mail Services Inc. T/A The Mail Room 713 Pinecliff Drive Chesapeake, VA 23320 Pawloski, Rhonda G. 1992-93 Audit 19.20 19.20 T/A Laserink 5480 Club Head Road Virginia Beach, VA 23455 Certified as to Payment: L Commissioner of the Revenue Approved as to form: @i(e L. L l@ley City Attorney This ordinance shail be effective from date of adoption. Theaboveabatement(s)totaling $ 639.27 were approved by the Council 25 October 94 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk NO. CJL 8 rev. 3" 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 lnt. Total Year Paid Huckaby, Linda P. 992-94 Audit @28.69 128.69 T/A Classy Cuts 1196 Indian Lakes Blvd. #123 Virginia Beach, VA 23464 Jones, Carolyn U. 1993-94 Audit 1,@13.60 1,313.60 T/A Sajo Farm Veterinary Hospital 1094 Diamond Springs Road Virginia Beach, VA 23455 Jones, David L. 1993-94 Audit 11.58 11.58 T/A Mobile Steel Repair 909 Lord Bowman Road Virginia Beach, VA 23464 Certified as to Payment: rt P. Vaughan Commissioner of the e@venue Approved as to form: L4 i"L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,453.87 were approved by the Council of the City of Virginia Beach on the 25 day of October '19 94 Ruth Hodges Smith City Clerk NO CA 0 MV@ 3M 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 lnt. Total Year Paid Hayes, Michael & Lyndia Thompson T/A Rapid Reimbursement of Eastern Virginia 3409 Sea Horse Way 1991-93 Audit 7i3. 0 78.00 Virginia Beach, VA 23452 Hedgehog Inc. 1992-94 Audit 328.80 328.80 T/A Five 01 City Grill 501 Birdneck Road Virginia Beach, VA 23451 Herman, Paul M. L993 Audit 11.91 13.91 T/A My Favorite Gifts 4224 16th Street NW Washington, DC 20011 Certified as to Payment: @ot>ert P. Vaughan Commissioner of the Revenue Approved as to form: @sire L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 420. 71 were approved by the Council of the City of Virginia Beach on the 25 day of October 04 Ruth Hodges Smith City Clerk MRM NO CA 8 REV, VW 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 lnt. Total Year Paid General Electric Inc. L992-93 Audit 18,374.15 18,374.15 T/A G E Medical Systems P.O. Box 06320-Tax Dept. Fort. Meyers, FL 33906 George G Sharp Inc. L993-94 Audit 3,273.49 3,273.49 100 Church Street New York, NY 10007 Hague Psychological Services 184 Business Park Drive #20 1992-94 Audit 315.57 315.57 Virginia Beach, VA 23462 Certified as to Payment: --@obert P. Vaughan Commissioner of the Revenue Approved as to form, @eL'Iie L. Liller City Attorney This ordinance shall be effective from date of adoption. Theaboveabatement(s)totaling S 21,963.21 were approved by the Council of the City of Virginia Beach on the 25 day of October 94 19 Ruth Hodges Smith City Clerk NO. CA 8 F". 3M 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 lnt. Total Year Paid Design Four Inc. 1992--94 Audit @L0.33 219.3@ T/A Interior Directions 4356 Bonney Road #102 Virginia Beach, VA 23452 Duncan Plumbing Inc. 1991-94 Audit 81@.49 833.49 T/A Duncan Plumbing 2116 Carolina Road Chesapeake, VA 23322 Farm Fresh Inc. 1992-94 Audit 21,5oO.34 21,500.34 T/A Farm Fresh Supermarket P.O. Box 1289 Norfolk, VA 23501 Certified as to Payment: z@ @@e Z- @rt P. Vaughan Commissioner of the Revenue Approved as to form: @ellie L. Lilley- City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 22,553.16 were approved by the Council of the City of Virginia Beach on the 2 day of October 19 94 Ruth Hodges Smith City Clerk NO. CAM @. 3M 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 lnt. Total Year Paid Consolidated Stores International Corp. T/A Big Lots #400 1991-94 Audit 3,051.93 3,051.93 300 Phillipi Road (Tax Dept.) Columbus, OH 43228 C P marine & Diesel service Inc. 5900 Thurston Avenue #E 1992-94 Audit 473.08 473.08 Virginia Beach, VA 23455 Davis, Patrick M. 1993 Audit 31@20 31.20 T/A Crystal Clear Windows 407 Oakwood Place Newport News, VA 23602 Certified as to Payment: @en P. Vaughan Commissioner of the Reve@ Approved as to form: Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 3,556.21 were approved by the Council of the City of Virginia Beach on the 25 day of October '19 94 Ruth Hodges Smith City Clerk NO. CA a FKV@ 3w AN ORDINANCE AUrHORiZING 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 lnt. Total Year Paid Academy Marine Chem-Dry corporation 720 Elderberry Court 1992 Audit 20.@- 20.37 Chesapeake, VA 23320 B & R Appliance Service, Inc. 2327 Poyner Lane 1993 Audit 128.8-- 128.83 Virginia Beach, VA 23454 Blackhawk Industries, Inc. 1992-94 Audit 241.1@E 241.98 T/A Blackhawk Adventure outfitters 2413 Bowland Parkway #102 Virginia Beach, VA 23454 Certified as to Payment: Robrirt P. Vaughan Commissioner of the Revenue Approved as to form: Ce-sli@e L. Utley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 391.18 were approved by the Council of the City of Virginia Beach on the 2,5 day of October 19 94 Ruth Hodges Smith City Clerk NO. Ck 9 PWV. 3M 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 lnt. Total Year Paid Blasdell, Kimberley I. 1993 Audit 12.:,,C 12.00 T/A Tempo Tennis 203 85th Street Virginia Beach, VA 23451 Brass Beds of Virginia, Inc. 1992-93 Audit 294.@C 294.50 T/A Levin Brass Beds of Virginia 122 21st Street w Norfolk, VA 23517 Chambord Commons Antique and Design Center, Inc. L994 6/17/94 130.OC 130.00 2224 Virginia Beach Blvd. 101 Virginia Beach, VA 23454 Certified as to Payment: Robert P. Vaughan Commissioner of the Re,@ e Approved as to form- Cesfie L. Lille-y City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 436-50 were approved by the Council 25 October 94 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk KM NO. CA S FEV, SO 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 lnt. Total Year Paid Executive Services, Inc. of VA 4936 Cleveland street #201 1991-94 Audit 46'Z.66 462.66 Virginia Beach, VA 23462 Executive Services Paging Co. 4936 Cleveland Street #205 1993-94 Audit ]7i.38 173.38 Virginia Beach, VA 23462 G B Y Discount Services, In(:. 5216 Locke Lane 1993-94 Audit 131.25 131.25 Virginia Beach, VA 23464 Certified as to Payment: @ert P. Vaughan Commissioner of t@ Approved as to form: @esfre L. Ltey City Attorney This ordinance shail be effective from date of adoption. The above abatement(s) totaling $ 767 . 29 were approved by the Council of the City of Virginia Beach on the 25 day of October 19 94 Ruth Hodges Smith City Clerk 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 George & Co., Inc. 1991-93 Audit 88.,14 88.44 P.O. Box 209 Clarksville, MD 21029 Homsher, Judith W. LCSW 1992-93 Audit 49.40 49.40 5320 Providence Road #206 Virginia Beach, VA 23464 J G R Enterprises 1993 Audit 231-@O 231.30 T/A Ragazzis P.O. Box 29502 Raleigh, NC 27626 Certified as to Payment: @obert P. Vaughan Commissioner of the R&eZnue Approved as to form: -Cegie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 369-14 were approved by the Council of the City of Virginia Beach on the 25 day of October 19 94 Ruth Hodges Smith City Clerk No. CA 8 REV. 3ft 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 lnt. Total Year Paid VA Wings of VA Beach Ltd. Partnership T/A Hooters 1992-93 Audit 758.84 758.84 312 walnut Street #1151 Cincinnati, OH 45202 Waffletown USA Ltd. 1993 Audit 156.1@5 158.55 2113 Pleasure House Road Virginia Beach, VA 23455 Wesbra, Inc. 1992-93 Audit 95 . 7 5 95 . 7 5 T/A cider Tire Fix 3506 N Military Highway Norfolk, VA 23518 Wilson, Joan E. 199,@ Audit 150.00 150.00 T/A Wilson Enterprises 3409 Hollygreen Drive 201 Virginia Beach, VA 23452 Certified as to Payment: Robert P. Vaughan Commissioner of the Revenue Approved as to form: eslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 1,161-14 were approved by the Council 27) Octobei 94 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk 000- CA 8 MV, 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 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 Murry's of Virginia, Inc. 1993 Audit 957.,?l 957.21 T/A Murry's #8012 8300 Pennsylvania Avenue Upper Marlboro, MD 20772-2673 Salumbides, M. Cristina J. 1008 Bennington Road 1992 Audit 146.84 146.84 Virginia Beach, VA 23464 Todd, Kenneth H. 1993 Audit 36.00 36.00 T/A Kentod Services 3848 Shadow Lane Virginia Beach, VA 23452 Trost, Stanley Joseph 1994 4/28/94 30@00 30.00 1056 Weather Vane Court Virginia Beach, VA 23464 Certified as to Payment: @obert P. Vaughan Commissioner of the Revenue Approved as to form: lie L.61ley' City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,170.05 were approved by the Council 2') Octot)er 94 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk 3M 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 lnt. Total Year Paid Key Electric Service, Inc. 199@ Audit 7-1.@7 77.87 921 Business Park Drive Chesapeake, VA 23320 Madison, Inc. 1993 Audit 27@.64 273.64 573 Susan Constant Drive Virginia Beach, VA 23451 Morrison Restaurants, Inc. 1993 Audit 1,310.77 1,310.77 T/A Westminister Canterbury 7069 P.O. Box 160266 Mobile, AL 36625 Certified as to Payment: @obert P. Vaughan Commissioner of the Revenue Approved as to form: @esire L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1 662 2g were approved by the Council of the City of Virginia Beach on the 2 'I day of October .19 94 Ruth Hodges Smith City Clerk - 24 - tem III-11 4 CONSENT AGENDA ITEM # 38.505 Upon motion by rice Mayor S(,ssoms, seconded by Council Lafiv ';trayhorit, (:ity (()uncil ADOPTED: Ordinance authorizing Tax Refunds in tht, amount of $1,268.65 upon application of certain persons and upon ("t,rtificatioii of the (,ity Treasurer for I'avmetit. Voting: 11-0 Council Members Voting A.ve: Joh)t A. Baum, Linwood 0. Branch, III, Robert K. I)eaii, William W. Harrison, Jr., Barbara M. Henley, Louiv R. Jones, John D. Mo.V.V, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Ma @ or William D. ';cssoms, Jr,, and Louiva M. @trayhorri Council Members Voting Nay: No)ie Council Members Absent: None October 25, 1994 I Mc 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- Date Penalty lnt. Total Y ear of Tax Number tion No. pa id James M & Jeanette Braswell 94 RE(1/2) 12702-3 12/3/93 17.06 James M & Jeanette Braswell 94 RE(2/2) 12702-3 6/5/94 17.06 James M & Jeanette Braswell 94 RE(1/2) 12702-3 12/3/93 5.64 James M & Jeanette Braswell 94 RE(2/2) 12702-3 6/5/94 5.64 James M & Jeanette Braswell 93 RE(1/2) 12508-0 11/30/92 18.84 James M & Jeanette Braswell 93 RE(2/2) 12508-0 6/5/93 18.84 James M & Jeanette Braswell 92 RE(1/2) 12409-1 12/5/91 18.84 James M & Jeanette Braswell 92 RE(2/2) 12409-1 6/5/92 18.84 Frances M Hirtz 92 RE(1/2) 51948-7 12/5/91 4.36 Frances M Hirtz 92 RE(1/2) 51949-6 12/5/91 5.45 Paul J Hirtz 92 RE(2/2) 51948-7 6/5/92 4.36 Paul J Hirtz 92 RE(2/2) 51949-6 6/ 5/ 92 5. 45 Irene Johnston 94 RE(2/2) 59736-4 9/19/94 63.39 Anthony Fasciocco Jr 94 RE(2/2) 83216-3 8/11/94 36.83 John S Ruston Trust 94 RE(1/2) 100999-8 8/8/94 198.89 John S Ruston Trust 94 RE(2/2) 100999-8 8/8/94 137.26 Daniel J Perrella 94 RE(2/2) 99572-7 7/27/94 50.70 Thomas W Godfrey 94 RE(1/2) 43845-6 6/5/94 5.70 Crestar Mortgage Co-p 94 RE(1/2) 8107-2 12/5/93 37.05 William A & Sandra Oates 94 RE(2/2) 86519-0 7/14/94 86.44 William W Paca Jr et al 94 RE(2/2) 88363-3 6/5/94 114.44 Linda D Foreman 88 pp 220667-1 5/20/94 251.57 Cynthia K Plempel N/A Pkng 418343 8/2/94 24.00 Charlotte Garfield N/A Pkng 447551 9/16/94 50.00 Gerald M Anders N/A Pkng B13616 9/19/94 24.00 Thomas E Morris N/A Pkng B10607 9/20/94 24.00 Nathaniel Reedy NIIA Pkng 458558 9/14/94 24.00 Total 1,268.65 This ordinance shall be effective from date of adoption. The above.Abatement(s@ totaling as to p@mept; $1,268.oi were approved by the Council of the City of Virginia Beach on the 25 day of October, . 1 994 iln T. Atkinson, Treasurer Approved as to form: Ruth Hodges Smith City Clerk e ie L. Lille rney - 25 - Item III -J. 1. PUBLIC HEARING ITEM # 38506 PL4NNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING oil. PL,4NNING 1. (a) L4WRENCE A. SANCILIO, RACHEL V. SANCILIO, LENA SANCILIO, M4URICE STEINGOLD, LEWIS B, SIEINGOLD and SIGNET BANKIT17RGINIA, Trustees under the Will of Israel Steingold STREET CLOSURE (b) THE FIRST LYNNHAVEN BAPTIST CHURCH CONDITIONAL USE PERMIT (c) HAYDEN L AND SHERRI R. DUBA Y CONDITIONAL CHANGES OF ZONING (d) RAMON W. BREEDEN, JR. CHANGE OF ZONING October 25, 1994 - 26 - tem III-J I a PUBLIC HEARING ITEM # 38@507 PL4NNING l'OnY @aticilio, 780 .5eahawk Circle, Phone: 430-4.391. represented the applicant and requested DEFERRAL. Upon motion by Councilman Ilarriyon, seconded by Council Laely 13arker, City, Council GRANTED AN ADDITIONAL 180-DAY DEFERP,4L (April 25,1995) in the petition of LAWRENCE A. SANCILIO, RACHEL V. SANCILIO, LENA SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANKIVIRGINL4, Trustees under the Will of Israel,';Ieitigold, for the discontinuan e clo ure nd abandonment of portiotis of W(i,qiier Street, f,irvt.'4reet (iiitl, 11-Cliu(- ],,. Application of Lawrt-iice A. ;aiicilio, Rachel V. @alicilio, l,cita @ncilio, Maurice Steirigold, Lewis B. @5teingold atid.5igiiet BarikIVirgillia, Truvtces under the Will of I,%rael Siciiigold for the &st(@pitiiiuaiice, (@losure and aba)idonmeiit of thin following strecty. Wa tier,@irect. Bt-giiiiiiiig at fli(- southern bou@i(itirv of lioitile Road a@id runriii7g in a s(,utherlv direction in a dista)i(t, oj 1096 ft@ct more or less to the northern bouii@lary of the Virginia B(!a(h IkorfolA l@prt-ssway. EiLr-st,@ireet: Beginning at the weste"i bouiidur@, t,f,l@,ciiu(- E and running in a wevterl- dirt,(. tioii a &static e of ?49.78 ft-el i etiue E: 7he western 25.01 feet, beginning at a point 200 feet south of Fir.vt,5treet and running in avoutherly direction a instance ()f 214.67feet to the tiorthe"i I)ou@i(lary (@f the Virginia B(,a(li-N(@rfolk Plxpr(--sswa LYNNIIAVL,'N I?OROIJ(;][ Voting.- 8-0 Council Memberv Voti;ig Aye. John A. Baunt, f,iiiwooet 0. Branch, III, William W. liarrivoti, Jr., Barbara M. Louis R. Jones, Ma%!orVeilerei E. Oberndorf, Naricy K I'ark-er a)id l,ouiy(i ,Vf. @ra),hoi-ti Council Members Voli;ig Nay. None Council Members Ativtaiiiirtg: Louis R. Jones and Vi(-c Mayor William 1). ';essotns, Jr. (council Memberv Absent. Robert K I)eaii Councilman Jones ABSTAINED us he iv in th(, Yanie bu.@iii@s. Vice Mayor Sessoms DISCLOSED and ABSTAINED pursuant to @ectioiz 2.1-639.14((,) of the Code of Virginia, he is an officer of Central fidelity Bank earniiig in eac(,sv of $10,0()O.00 annually. Central ]@'idelity Bank has outvtatiditig loa)is with (me of the property owii(,iy, Contractors Paving, Inc. Central f,'idelity Ilank also has a deed of trust on adjoining property to thin streets which are the subject of the petition. Vice Ma),or Sesyoms' If,t!t,r of,lpril 12, 1994, is ;i(,i (-bi ei part of the record. October 25, 1994 - 27 - tem III-J I b PUBLIC HEARING ITEM # 38508 PLAARNING Attorney John Richardson represented the applicant Upon motion by Council Lady 5trayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of THE FIRST LYNNIL411EN BAPTIST CHURCH for a nal Permit: ORDINANCE ULON API'LICATION OF l'I]P' FIR,5T LYNAlIL4VIN BAPTIS7' CIIURCII FOR A CONI)I'17ONAI, PFRM[7' FOR A CHURCII R070941915 B@,' IT HEREBY OPDAIAIFD BY COUNCII, Ol,' 1711,, ('11 Y Of,' VII?(;INIA BP,'ACII, VIR(@INIA Ordinance upon application of 7he ly@iiihai,(,it llapti.@t Church for a Conditional Us(, permit for a church at the northeast cortier of @lem Road and Lisbait Road. Said parcel is located at 2.336 Salem Road and contains 15.748 acres. KI,,'Ml',@VIILE BORO[I(;Il, 7he following conditions shall be required: 1. The applicant must obtain approval from th(, Health I)eparim(,iit ft)i- art oti-site water supply eiii(isewer Yvstem. 2. A stormwat(@r management vystem will bt, required. 3. The wooded area along the Northern portion (@f the property shall be preserved to the fullest extent possil)l(@. prior to any future development, the applicant vhall meet with @taff to discuss tr(,e preservation within this area. 4. 7he applicant Yhall adhere to th(, subtnift(,(] rendering and development plan 5. 7he dt@picteti future riurviiig home and st,@tioi housing ar(, not approved with this request. 6. I'he subject property is located within the Aoi t/t Laiidirig River Water.vheti. As such, development of tlit@ property will be subject to t/i(, provisions of the .@)uthern Watervhed Maiiagem(!@it Ordinance and associated (,'otnpr(!hensive I'lan guidelines 7. l,roiityardsetbacks, shall be measuredfrom the ultimate right- of-way which is .35 feet from the cxiytiiik ri,@lit-of-K,ay along ,5alem Rotitl. 8. Right and left turn lanes are required . ]be applicant Yltall meet with staff to determine exact lengthy of tht, turn lanes and the location of the access point. 9. @ite Plan Yiiall be revised to accomirioelal(, ';outheavtern Exprcsswri-v alignment. The Ordinance shall be effeciii,(, in accordance with S(,(-Iiopi 10,- @f) of the Zoning Ordinance. Adopted by the Council of the (.'ify of Virginia Beach, Virginia. (,ii tli(, Tw,@it @ i t@h (!toctober Nineteen October 25, 1994 - 28 - Item III-J. I. b. PUBLIC HFARING ITEM # 38508 (Continued) PLANNING Voting: 11-0 Council Members Voli)ig Aye John A. Ilautn, Liiiw(x)d 0. Branch, III, Robert K Dean, William W. ,FIarri.voii, Jr., Barbara M. Ileiiley, Louiv R. Jones. Joliti 1). Mosv, Mayor Meyera E. Oberndorf, Naticy K. Iarker, Vi(c M(l@ol- William I). Sessoms, Jr., and Loui.@a W. @tra-Vhorii Council Members Voting Na-@. Nolit@ Council Members Absent: None October 25, 1994 - 29 - em I c PUBLIC HEARING ITEM # 38509 PLANNING The following registered in SUPPORT (?f the application. Attorney R. J. Nutter 4425 Corporation Lane, Ihotte: 671-6000, represented the applicant and prevented petitions in SUPPORT of the application, which are herel)) ttitiil(, a part of th(, record. 7homas Wrenn, 4429 Blackbcar(i Road, Ihoiie: 464-6602 Deane Williams, 4220 Sandy Bay Drive, Phone: 464-3.?88 Larry Conner, 2429 Indian Flill Road, I'hone: 460-5OS9 Bob Hedrick, 4501 lowellv loiiii Road, I'hoii(,: 460-0130 7he following registered in OPPOSITION: Ron McIntosh, 4485 Lee Avenue. I'hotie: 464-928,@ (;ary Rote, 4321 Blackbeard R(@(i(l, I'hoiie: 460-2762 Upon motion by Councilma)i Jones, veconded by Vice Mayor @esvoms, City Council ADOPTED Ordinances upon application (if IIA YDEN L and SHERRI R. DUBA Y for Co-it Distric ORDINANCI,,' IJI'ON AI'I'II(.ATION Ol,' IIAYI)I@,N L & @IIPRRI R. DUBAY h'OR @l (:ONDI77ONAL (,'IIAN(;I, 01" ZONIN(; DISTRICT CLA,@@5[F,I(,'A71ON l,'I?OM R- 7.5 7'0 0- I Z010941431 Bl,' 17'HEREBY ORI)AINBI) BY IIIE (-'OUNCII. Ol,' 7111: ( 17 Y ()/@' Vfl?(;INIA Bl,,,,ICII, PYRCINIA ordinance upon apl@licatioti of Ilay(leit 1. c@, @lit-tri R. I)ubay f(@r a Conditional (-'hati,@t, of Zoning I)iytri(:t (,'Iassili(atie)ti from R-75 Residential District to 0-1 Office District on property located on the north side of.';horc Drive, 12]Ofect more or less cast of (;reenwell Road. The proposed zofiitig classification change to 0- I is for f)ffice land use. The Comprehensive I'laii recommends use of this parcel for retail service use in accordance with other Plan policies. Said parcel is located at 4360 Shore Drive an (oittai@is 27,126.6 vquari, f(-(,t. Iill Y@II)I,,' BORO(IGII. ORI)INANCI@,' Ul'ON AII'LICA77ON Ol;' ILIYI)]-.N 1. @ R. DUBAY FOR @l ('ONI)I77ONAI, CIIAN(;],. 01@ ZONIN(; 1)1,@Y?ICT CIAS.51FI(,'A71ON l,'I?OM B -2 to 0- / ZOIOO,114?2 IIE 17'IIEREBY ORI)AINI,,I) I?Y IYII,, (:OUN(,Il, Ol,' IIII,@ ( II @' 01" VIR(;INIA BPL4CH, VIR(;INL4 Ordinance upon application of Ilaydeii 1. @ .@lt(,rri R. Dubay for a C(@riditioiial (-'haiig(- e)f Zoiti)ig District (,'Iassificatioli fr(?m B-2 Community Business District to 0- I Office District on property located on the north side of @hore I)riL,e, 1285 feet 7iore or less cast of (yreenwelll?oa(]. Ihepropoveeizopting clavvifi(atioit (haiigt,IoO-l ivfor office land us(, Ihe Comprehensive Ila;i use (@f this parcel for retail scrvi(,c us(, in accordance with other l@laii l@olicies. @aici parcel is located at 4300 I)rii,(, and --O 77,@. 1 1 vquar(, feet. IIAY,511)],, BOROII(;]I October 25, 1994 - 30 - tem III-J I c PUBLIC HEARING ITEM # 38510 PL4NNING The following condition shall be required: 1. An Agreement encompassing proffers,%hall 1)(, recorded with tht, Clerk of ("ircuit (ourt. The Ordinances shall be effectiv(, in accordance with @ectioii 107 (j) of the Zoning Ordinance. Adopted by the Council of the (-'ity of Virginia Beach, Virginia, on the Tw at - i h o Octo er inete Voting: 11-0 Council Members Voting Ayt@. John A. Bantu, Linwood 0. liraiich, III, I?obert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jotiev, John D. Moss, Mayor Mcyera E. Oberndorf, Naiicy K Iarker, rice Ma@,e)r William D. @essoms, Jr., and Louisa W. @trayhorii Council Members Voti@ig Naj,. Nopie Council Members Absent: None October 25, 1994 FORM NO. P.S. is 114TER-OFFICE CORRESPONVENCE In Reply Refer To Our File No. DF-94-3697 DATE: October 21, 1994 TO: Leslie L. Lilley DEPT- City Attorney FROM: Wm= M. Macah DEPT City Attorney RE: Conditional Zoning Application Hayden I. Dubay and Sherri R. Dubay The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 25, 1994. 1 have reviewed the subject proffer agreement and determined it to be in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/ Enclosure THIS AGREEMENT, made this day of Aucrust 1994, by and between HAYDEN 1. DUBAY and SHERRI R. DUBAY, husband and wife, (hereinafter collectively referred to as Grantor) and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as Grantee). N I T N R S WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by peti- tion of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's Property from B-2 (Commercial) and R-7.5 (Residential) to 0-1 Conditional (office) on certain Property which contains a total of 1.099 acres, more or less, in the Bayside Borough, of the City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A, hereinafter "the Property". WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including office purposes, through zoning and other land development legislation; and WHEREAS, The Grantor and the Baylake Pines Civic League have met and agreed to cooperate in such a way that the rezoning of Grantor's Property will maintain the residential integrity of Baylake Pines; preserve the natural environment of Lake Joyce; and control the impact of commercial/office development on Shore Drive to enhance the quality of the neighborhood of Baylake Pines; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned 0-1 are needed to cope with the situation which the Grantor's rezoning application gives rise to; and WHEREAS, the Grantor has voluntarily proffered in writ- ing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-1 zoning district by the existing city Zoning ordinance, the following reasonable conditions related to the physical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent am nd- ment changes the zoning on the Property covered by :uch conditions; provided, however, that such conditions shall 2 continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the clerk's of- fice of the Circuit court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantor, for themselves, their suc- cessors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exac- tion from the Grantee or its governing body and without any element of compulsion of cruid M auo for zoning, rezoning, Site Plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restric- tions as to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenants running with the said Property, which shall be binding upon the Property and upon all parties and 3 persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other succes- sors in interest or title, namely: 1. Grantor shall vacate all existing interior lot lines on the Property. 2. The Property shall be developed substantially as shown on the Site Plan entitled "PRELIMINARY SITE PLAN OF LOTS A, B AND C SUBDIVISION OF 1.099 ACRE SITE FORMERLY PROPERTY OF L.S. HUBBIRD 4360 SHORE DRIVE FOR HAYDEN I. DUBAY," dated June 23, 1994 prepared by Engineering Services, Inc., said plan being the same plan exhibited to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Site Plan"). 3. Grantor shall use the existing structure depicted on the Site Plan, making renovations thereto, in converting its use from residential to office. All exterior building renovations to the existing structure, and the approximately 5500 square foot expansion adjacent thereto, shall be of similar materials of the same or higher quality as those materials used in the existing structure. No expansion or renovation will exceed one story in height. The free standing garage presently existing on the Property, shall not be enlarged. In all other respects, the garage shall be governed by these Proffers. 4. Any expansions shall be limited to inside the area shown on the Site Plan. In the event of the involuntary destruction of the existing structure or garage, any 4 reconstruction of said structures shall substantially conform to the Site Plan and appearance of the structures as they existed immediately prior to such involuntary destruction. 5. Any new construction or exterior renovations made to any structure facing Lake Joyce shall be compatible with the architecture of the existing structure and shall employ residential design features to maintain a residential appearance as viewed from Lake Joyce. 6. Vehicular access to the Property shall be restricted to the single curb cut as shown on the Site Plan. 7. Grantor shall prohibit and prevent any access to Lake Joyce from the Property by including in all leases or other legal documents, terms which prohibit such access except for the Grantor and his or her family. The Grantor shall not allow any access to Lake Joyce from or across the Property for any outdoor recreational purpose for which a conditional use permit is required. S. Grantor shall prohibit access to the 25 foot strip of land adjacent to the north, east and west perimeters of the Property for the purpose of clearing, cutting or removing any natural vegetation. This prohibition shall not preclude access by Grantor to said areas for maintenance of existing improvements, nor shall this Proffer in any way restrict any access to, or use or activity within such area by the City of Virginia Beach. 9. Prior to any sale of the Property by Grantor at any time in the future, Grantor shall remove the existing dock 5 and adjoining stairway leading from the wooden dock into Lak Joyce and Grantor shall return that portion of the lake ban: to its natural condition. 10. Grantor shall prohibit the use of any portion of the Property for an eating and drinking establishment as otherwise allowed as a conditional use in the 0-1 zoning district. ii. Further conditions may be required by the Grantee during detailed Site Plan and/or subdivision review and administration of applicable city codes by all cognizant City agencies and departments to meet all applicable city code requirements. All references hereinabove to zoning districts and to regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is ap- proved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of 6 legal action or suit to ensure compliance with such condi- tions, including mandatory or prohibitory injunction, abate- ment, damages or other appropriate action, suit or proceed- ings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals: Sher ay 7 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me this day of August, 1994 by Hayden 1. DuBay. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me this day of August, 1994 by Sherri R. DuBay. Notary Public My Commission Expires: - 31 - PUBLIC HEARING ITEM # 38510 PLANNING Attorney Joseph A. Leaf(,,, 1,@oo Natiolzsl)atik Center, one (ompte,-i(al I'lace, V@irfolk, [3hoiie: 628-5526, represented the applicant atiel requested DEFERR4L. Upon motion by Council ladj@ .5trayho"i, set@onded b), Vic(, Alayor.Vessoms, City Council DEFERRED to the Noveniber 22,1994, Ci(v Council Session, C)r(iiiia;ic(, upon (il)plication of RAMON W. BREEDEN, Jr. for a Change of Zo@iiiig I)isti-i(f (,'Ia@%,@vific-atiopi: ()RI)INANCE Ul'ON AIIII(,AIION OI,' P,1,440N W. BRLI,'I)LN, JR., F,Ol? A CIIAN(;P, Ol,'ZC)jVIN(; 17ON F,'ROM B- 4 7'0 R-5S Ordinance upon al)[)Iicatiori of I?aittoii W. Jr., ft)r a (,halig(, of Zoning I)i@vtric I (,'Iassificatioii frotti B-4 I?csoi I ("()Ititttci,cial I)ivirict to R-5S Residential Single l,amily Divti-ict at tht, southeast intersection of ,@outh Militarv Iligliway and f,asterii Brunch Elizabeth Ril,er. Ihe propo.yed zoning (lavsificatiort change to R-5S is for single family residential land use on lots no less than @,I)OO square feet. Ihe Comprehensive I'lati recomniciids use of tiny pai@cel for urban inedium low density residential land use at tl(,iisities that are compatible with multi-faniil), ust, in acc@ortlaiice with other I'lati ,;ai(i par(el is located at 320 @)uth Military aii(i (@)iitaiiis ll.b4O a(,-rcs. Kl-,M]@VII,Ll@l' BOI?OU(;]L Voting: 10-0 Council Members Voting A)!t,. John 21. Baum, Linwood 0. Bralic-li, III, Robert K. I)t,ati, Barbara V. flenley, Louis R. Jones, Joint 1). Mosy, M@iA,ot Mc.Yera I,,. Ol)ci-piel(@rf, Nancy K IarAc7t, Vi((, Mayor Willititit 1). ft. and Louisa Af. Strayhorti Council Mettibers Voting Na-v,. No)ie Council Members Abstaining: Williat;i @Y. Harrison, /r. Council Members III)sc,iit. Nont, C(@uitcilman liarrivoti ABS7AIAL,D, as ht, is in pai-iiier,%hit) with Atioriic,v Joseph A. Leafe,, who icl)rc,.vented the apl)licaiii. ]his application was MOI@I@,D FORU:4RD on the I)ii(@r to th(, PUBLIC HEARING. October @'5, 1994 - 32 - e II-K APPOINTMENTS ITEM # 38511 Upon NOMINATION by Vice Mayor .5essoms, City Council REAPPOINTED: COMMUNITY DEII'ELOPMENT CITIZEN ADVISORY COMMITTEE (CAC) 3-year Terms 11101194 - 10131197 Ernest Benson - Queen City Mary (. Evans DQvletowti Willie L. Gordon Lake Smith Alice H. Green Newlight f,vaac N. Herbert - Burton Station Carl J. Nagle, (U.S-4., Ret.) - Al Large Aaron A. Parsons - Al Large Sadye R. Shaw - Newsotiii! tarf?is Mary E. J. Smith - Reedtowti Susie D. Whitehurst - SeatacklAttatific Park Howard M. Williams - At large Donald Wright - Gracetoh,ii ,4di,isors No term applicable: Elizabeth McClaiie Delores Turner Voting: 11-0 Council Members Voting Aye. John A. Iiaum, Linwood 0. Branch, III, Robert K. I)eaii, William W. Harrison, Jr., Barbara M. Ilenley, Louis R. Jones, John D. Moss. May(ir Meyera E. Oberndorf, Naiicy K. I'arker, Vic e Wa @,(,r William D. ';essoms, Jr., and Louiva M. @trayhorit Council Members Voting Nay: None Council Members Absent: None October 25, 1994 - 33 Item III-K2. APPOINTMENTS ITEM # 38512 Upon NOMINATION by Kee Mayor,@essotns, City Council REAPPOINTED: HISTORICAL REI/7EW BOARD Roland E. Hargrove, Sr Elizabeth F. McClatie 2-year terms 11101194 - 10131196 Voting: 11-0 Council Members Voting Aye John A. Baum, Linwood 0. Branch, III, Robert K. Dean, William W, Harrison, Jr., Barbara M.- IIeiiley, Louiv R. Jones, John D. Moss, Vayor Meyera E. Oberndorf, Nancy K I'arker, Vic(, Mu @ or William 1). @essoms, Jr., and Louisa M @tra-vhorii Council Members Voting Nay: Non e Council Members Absent: Non c October 25, 1994 - 34 m 3 APPOINTMENTS ITEM # 38513 Upon NOMINATION by Vice Mayor @essoms, City Council APPOINTED: PUBLIC LIBRARY BOARD 7'ripp Taylor, President S(A (no teript) Voting: 11-0 Council Members Voting Aye John A. Baum, Linwood 0. Branch, 111, Robert K. Dean, William W. Ilarri.vori, Jr., Iiarbara M. Ileiiley, Louiv R. Joiit,.%,.J(@hil D. Moss, Mayor Meyera F. Oberndorf, ivaiicy K I'arkcr, Vic(, Ma@ or William I). @esvorris, Jr., and l,ouiva M. @trayhorit Council Members Voting Nay: None Council Members Absent: None October 25, 1994 - 35 - em I-K 4 APPOINTMENTS ITEM # 38514 Upon NOMINATION by rice Mayor @essoms, City Council APPOINTED: RE117EW AND ALLOCATION COMM17-1'EE (COIG) Robert C. Spadaccini, Sr. Unexpired thru 01131196 Voting: 11-0 Council Members Voting Aye: John A. Baum. Linwood 0. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Ileiiley, Louiv R. Joite-Y, John D. Movs, Mayor Meyera E. Oberndorf, Naiicy K I'arker, Vic-i, Ma,@@or William I). @essoms, Jr., and Louiva M. ';trayhom Council Members Voting Nay. None Council Members Absent: None October 25, 1994 36 - tem III-K.5. APPOINTMENTS ITEM # 38515 Upon NOMINATION by Vice Mayor @essoms, City Council REAPPOINTED: TRANSPORTATION SAFETY COMMISSION C. Cheyney Cole, Jr. Alfred M. Jacocks, Jr. David L. Pace Joseph Calhoun Webb III 3-year terms 11101194 - 10131197 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Ilranch, III, Robert K. Dealt, William W. Harrison, Jr., Barbara M Hepilty, Louiv R. Jones, John D. Movy, Mayor Meyera E. Oberndorf, Naiicy K Parker, Vice Ma@ or William I). Se,.Yvoms, Jr.. and Louiva W. @tra-Vhorti Council Members Voting Nay: Norte Council Members Absent: None October 25, 1994 - 37 Item II-L.]. UNFINISHED BUSINESS CITY COUNCIL POLICY ITEM # 38516 BY CONSEN,5US, City Council SCIII@,I)UI.ED FOR A CITY COUNCIL SES.@ION IN NOVEMBER: CITY COUNCIL POLICY. Cash Payment in Lieu of Park Reservation Councilman Moss believed the Real Estate Assessor should determine the value of the dedication as the cash payment should equal the value (@f the dedicatic)tt. 7heii the staff can specify the mitigating factor if the City would be accepting less than the Real Estate Assessoi determines the value of the dedication. The procedure would be pref(!rabl(, to c(@mmcyice with a kiiom,it taluc and then process toward the accepted value. Councilman Baum believed the (:ily littoriiey's Office and the Rt,al l@,.viate Agent vhould determine Vame rather than the Real I,,'state Assessoi- Councilman Dean referenced page 2 and requested clarification of the sentence: "Assessed Value: 77ie accessed value of the property is to be the current year of the subdivision site plan subm@ 77ie asessed value of the proeprty is to be provided by the City Assevsor's Office. October 25, 1994 - 38 - Item III-L,2. UNFINISHED BUSINESS LAKE GASTON ITEM # 38517 Councilman Jones advised "good news" relative Lake Gaston. Councilman Jones referenced the communication of Mays and Valt@ntitte, the City's Attorneys for Lake (;aston. Elizabeth A. Moler, Chair of the Federal Energy Regulatory Commission has advised the first step in the Environmental Impact Statement process is now complete. A DRAFT EIS will be issued in February 1995. 7ht, final EIS Yhould be ((@mpleted by the second quarter of 1995. A copy of the scopiiig document is also mad(-, a part of the re(oifl. October 25, 1994 - 39 - Item III-L.2. UNFINISHED BUSINESS STATEMENT ITEM # 38518 Councilman Moss read a statement into the record regarding Executive Session: "During the E)Lecutive Session, the City Council in keeping with traditional practices, provided informal direction to the City Manager to initiate a financial obligation for the City subject to a pro forma ratification. 5ince the upcoming vote is, pro forma, I want my objections noted for thi, record at this time. In this wu -v, my future detailed objections ca?itiot be characterized as "aficr-tht--Ir(ic-t" or "rei,iYionist" in nature. At our Summer Retreat, Council adopted the ground rules for Council Members to make statements regarding I,@cutii c ';(,ssions. Wy statement is in keeping with those guidelines, October 25, 1994 40 - e ADJOURNMENT ITEM # 38519 Mayor Oberndorf DECLARED the City Council Meeti)ig ADJOURNED at 8:55 PM. Beverly 0. Hooks, CMC Chief Deputy City Clerk - ------- -- ---- --------------------------- Ruth Hodges Smith, CMCIAAE M@vera E. Oberndorf City Clerk Mayor CitY of Virginia Beach Vzrginia October 25, 1994