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APRIL 26, 1994 MINUTES 11 City of Vir irzi 173c�ch "WORLD'S LARGEST RESORT CITY" CITY COUNCIL .1�4G -BEAC�S' MAYOR MEYERA E.OBERNDORF,At-Large 4 VICE MAYOR WILLIAM D.SESSOMS,JR.,At-Large o,, `+ JOHN A.BAUM,Blackwater Borough A _ 11r \ a LINWOOD O.BRANCH III,Virginia Beach Borough � i JAMES W.BRAZIER,JR.,Lynnhaven Borough *C2'1 e ; /�agr ROBERT W.CLYBURN,Kemprville Borough y . � wiy _ ROBERT K.DEAN,Princess Anne Borough w ,.� /f.,'2= �� LOUIS R.JONES,Bayside Borough 9,p`��^_��_ 0'0" PAUL J.LANTEIGNE,Pungo Borough JOHN D.MOSS,At-large of OUR NP'I\°'4 NANCY K.PARKER,At-Large 281 CITY HALL BUILDING JAMES K.SPORE,City Manager CITY COUNCIL AGENDA MUNICIPAL CENTER LESLIE L.LILLEY,Coy Attorney VIRGINIA BEACH,VIRGINIA 23456-9005 RUTH HODGES SMITH,CMC/AAE,City Clerk (804)427-4303 APRIL 26, 1994 CITY COUNCIL WORKSHOP - Council Chamber - 1:00 PM A. FY 1994-1995 OPERATING BUDGET / CAPITAL IMPROVEMENT PROGRAM E. Dean Block, Director of Management and Budget II. INFORMAL SESSION - Council Chamber - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION III. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Father William Joseph Dale Church of the Ascension . 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 - April 12, 1994 2. PUBLIC HEARING - FY 1994-1995 Budget/CIP - April 13, 1994 G. MAYOR'S PRESENTATIONS 1. RESOLUTION - FATHER WILUAM JOSEPH DALE 2. PROCLAMATION-SALEM HIGH SCHOOL GIRL'S BASKETBALL STATE CHAMPIONS Larry Bowman, Coach H. PUBUC HEARINGS 1. FY 1994-1995 OPERATING BUDGET $ 753,724,159 2. FY 1994-1995 CAPITAL IMPROVEMENT PROGRAM a. Proposed FY 1994-1995 Capital Budget $ 97,925,122 b. Proposed Six-Year CIP $ 963,774,790 3. GENERAL OBLIGATION BONDS $ 52,700,000 (Various Schools, Roads, Buildings/Other Public Facilities) 4. GENERAL OBLIGATION BONDS $ 8,000,000 (Roads, Highways or Bridges) 5. WATER AND SEWER SYSTEM REVENUE BONDS $ 14,080,000 (Improvements and Expansions to City's Water-Sewer System) I. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to ACCEPT and APPROPRIATE a$3,200 Grant from the Virginia Department of Agriculture and Consumer Services to the FY 1993-1994 Department of Agriculture Operating Budget re pesticide container recycling program and increase revenues from the Commonwealth accordingly. 2. Ordinances to grant one-year franchises to operate open air cafes on public property in the Resort Area; and, to authorize the City Manager to execute franchise agreements (VIRGINIA BEACH BOROUGH): a. Virginia George Co., Inc. 2410 Atlantic Avenue t/a Dough Boys 24th b. Louis F. Dickens and David W. Groth 706 Atlantic Avenue t/a The Black Angus Restaurant I I I I 3. Ordinance to grant five-year renewal franchises to operate open air cafes on public property in the Resort Area; and, to authorize the City Manager to execute franchise agreements (VIRGINIA BEACH BOROUGH): a. Athena Enterprises, Inc. 2612 Atlantic Avenue t/a King of the Sea Restaurant b. Seashore Management, Ltd., Hilton Inn 701 Atlantic Avenue t/a Laverne's/Chix Cafe c. Colonial Inn, Inc. 2809 Atlantic Avenue t/a Cary's Restaurant d. Fogg's Seafood Co. 415 Atlantic Avenue t/a Foggs e. Nabled Investors, Theme Restaurants, Inc. 910 Atlantic Avenue t/a II Giordino Ristorante f. Kitchin Corporation 26th & Atlantic Avenue t/a Seahawk Motel/Kitchin's Kitchen Cafe g. Econo Lodge Oceanfront, Inc. 1211 Atlantic Avenue t/a Fish Bones Restaurant, Inc. 4. Application for Annual Permit for private, municipal and non-profit organizations operating emergency medical service agencies or vehicles within the City, pursuant to Section 10.5-2 of the City Code: a. The Advanced Wheelchair Transport, Inc. of Virginia Beach 5. Ordinance appointing viewers in the petition of Tate Terrace Realty Investors, Inc. for the closure of a portion of Raynor Drive (KEMPSVILLE BOROUGH). 6. Ordinance to authorize tax refunds in the amount of $3,841.41. 7. Ordinances to authorize license refunds in the amount of $9,835.03. J. PUBLIC HEARING 1. PLANNING a. Application of JESSE SWOOPE for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision have direct access to a public street re property 1000 feet West of the intersection of Bradpointe Lane and Beaufort Avenue (BAYSIDE BOROUGH). Recommendation: APPROVAL b. Application of BALI-SE, a Virginia General Partnership, for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance at 5820 Ward Court (BAYSIDE BOROUGH). Recommendation: APPROVAL c. Application of SENTARA BAYSIDE HOSPITAL for a Conditional Use Permit for a hospital (addition) on the East side of Independence Boulevard, North of N. Witchduck Road (800 Independence Boulevard), containing 14.442 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL d. Application of DANNY M. and CHRISTINE A. CICCONE for a Conditional Use Permit for motor vehicle sales on the West side of Davis Street, 573.05 feet North of Virginia Beach Boulevard (409 Davis Street), containing 20,908.8 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL e. Application of SANDY JOHN MILLER, JOHN MILLER and KATERINE MILLER for a Conditional Change of Zoning District Classification from A-12 Apartment District to Conditional B-2 Community Business District on the South side of Indian River Road, West of Reon Drive (6025 Indian River Road), containing 12,500 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL K. UNFINISHED BUSINESS 1. Request to approve the detour route for Elbow, Salem and North Landing Roads re Gum Swamp Bridge (CIP 2-122) (PRINCESS ANNE BOROUGH). (Postponed 4/12/94) L. NEW BUSINESS 1. COUNCIL-SPONSORED ITEM: a. Resolution affirming the continued use of the City Seal as the official seal of the City, and authorizing use of a City Signature logo in limited settings. (Sponsored by Mayor Meyera E. Oberndorf and Councilman John D. Moss) M. ADJOURNMENT ********** RESCHEDULE INFORMAL AND FORMAL SESSIONS FROM TUESDAY, MAY 3, 1994 TO THURSDAY, MAY 5, 1994 2:00 PM ********** ********** SCHEDULE TO REVIEW PROPOSED FY 1994-1995 OPERATING BUDGET/CIP Reconciliation May 5 9AM City Council Chamber Workshop: Budget Thursday & CIP Appropriation Ordncs: May 10 2PM City Council Chamber Budget & CIP Tuesday ********** ********** COUNCILMANIC ELECTIONS TUESDAY MAY 3, 1994 ********** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 4/21/94bap AGENDA\4-26-94.PLN I I I. 1.1141A c ti -• _mss Gr ow J.--, z �F t y Vir, Sc*OUR NA1 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 26, 1994 Councilman John A. Baum called to order the CITY COUNCIL WORKSHOP for the FY 1994-1995 OPERATING BUDGET I CAPITAL IMPROVEMENT PROGRAM of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 26, 1994, at 1:00 P.M. Council Members Present: John A. Baum, Robert W. Clyburn, John D. Moss and Nancy K Parker Council Members Absent: Mayor Meyera E. Oberndorf [ENTERED; 2:30 P.M, ATTENDING LUNCHEON RE ECONOMIC DEVELOPMENT] Vice Mayor William D. Sessoms, Jr. [ENTERED: 3:58 P.M., ATTENDING BUSINESS MEETING] Linwood O. Branch, III [ENTERED: 2:50 P.M.] James W. Brazier, Jr. [ENTERED: EXECUTIVE SESSION 4:05 P.M.] Robert K Dean [ENTERED: 1:10 P.M.] Louis R. Jones [ENTERED: EXECUTIVE SESSION 5:00 P.M.] Paul J. Lanteigne [ENTERED: EXECUTIVE SESSION 4:05 P.M.] - 2 - ITEM#37914 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 26, 1994, at 4:05 P.M. Council Members Present: John A. Baum, Robert W. Clyburn, Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Linwood O. Branch, III, James W. Brazier, Jr., Louis R. Jones and Paul J. Lanteigne Mayor Oberndorf shared a VIDEO TAPE from her Sister City visit to Japan with the City Council prior to EXECUTIVE SESSION re Seagai, Japan, the development two blocks from the Pacific Ocean, which is a completed $200-MILLION Water Park. This development has three golf courses, condominiums, luxury hotels and ocean-like water for swimming and surfing with wide beaches. April 26, 1994 I - 3 - ITEM #37915 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments: Boards and Commissions: Arts and Humanities Commission Medical College of Hampton Roads LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provisions of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: LMWMDLJ, L.C. v. City of Virginia Beach PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Burton Station Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into EXECUTIVE SESSION. Voting: 7-0 Council Members Voting Aye: John A. Baum, Robert W Clyburn, Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III, James W. Brazier, Jr., Louis R. Jones and Paul J. Lanteigne April 26, 1994 I II - 4 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL April 26, 1994 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 26, 1994, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Father William Joseph Dale Church of the Ascension PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda other than the application of Bali-Se for a Variance to Section 4.4(b) of the Subdivision Ordinance, in which he has a 'personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of April 26, 1994, is hereby made a part of the record. April 26, 1994 II I II - 5 - Item III-E.1. CERTIFICATION OF EXECUTIVE SESSION ITEM#37916 Upon motion by Vice Mayor Sessoms, seconded 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 Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 26, 1994 or-' C.0 i is e� °` 00R NA1%0- Ir ti rSu rn 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#37915, Page No. 3, 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 conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAE City Clerk April 26, 1994 i I - 6 - Item III-F.1. MINUTES ITEM#37917 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of April 12, 1994. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 26, 1994 I II - 7 - Item III-F.2. MINUTES ITEM#37918 Upon motion by Councilman Moss, seconded by Councilman Clyburn, City Council APPROVED the Minutes of the PUBLIC HEARING - FY 1994-1995 Budget/CIP of April 13, 1994. Voting: 8-0 Council Members Voting Aye: Linwood O. Branch, III,*Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: None Council Members Abstaining: John A. Baum, James W. Brazier, Jr. and Vice Mayor Sessoms Council Members Absent: None Vice Mayor Sessoms and Council Members Baum and Brazier ABSTAINED as they were not in attendance during the Public Hearing of April 13, 1994. *Verbal Aye April 26, 1994 I III i I I I - 8 - Item III-G.1. MAYOR'S PRESENTATIONS ITEM #37919 RESOLUTION - FATHER WILLIAM JOSEPH DALE Mayor Oberndorf presented a RESOLUTION IN RECOGNITION to: FATHER WILLIAM DALE Father William Joseph Dale, an Ordained Priest for the Catholic Diocese of Richmond and resident of Virginia beach, has served his community well as the Pastor of the Church of Ascension and as an enthusiastic and hardworking member of many civic, church, and charitable organizations. Father Dale has given generously of his time and effort, often serving as Chair, in the work of the Virginia Beach Clergy Association; the Virginia Beach Police Chaplains; the Virginia Beach Coalition for the Homeless; the Virginia Beach Investigative Review Panel; the South Hampton Roads Ecumenical Cable Television Committee; the Virginia Beach Liaison Committee; the Virginia Beach Fellowship Committee; the Virginia Beach Human Rights Commission; the Labor Day Community Coordination Committee; the Mayor's Complete Count Committee; the Homecoming Committee; the Norfolk State University Committee Task Force; and as a Member of the Board of Directors for the Virginia Beach Crime Solvers. April 26, 1994 I III - 9 - Item III-G.1. RESOLUTIONS ITEM#37920 ADD-ON Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council ADOPTED: Resolution in Recognition of Father William Joseph Dale, retiring Pastor of the Church of the Ascension and Police Chaplain, for his deep involvement and powerful influence for good in the growth and progress of Virginia Beach. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,James W Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 26, 1994 I II' _6 1.11A Bp. •0 121 ri + O( S OF OUR Rwe's ikatitutiun WHEREAS: Father William Joseph Dale, an Ordained Priest for the Catholic Diocese of Richmond, and resident of Virginia Beach, Virginia, has served his community well as the Pastor of the Church of Ascension and as an enthusiastic and hardworking member of many civic, church, and charitable organizations; WHEREAS: Father Dale has earned the affection of a host of area residents who are proud to call him "friend," and his dedication to the best interests of the community has won the high regard of all his associates; WHEREAS: Father Dale has given generously of his time and effort, often serving as Chair, in the work of the Virginia Beach Clergy Association; the Virginia Beach Police Chaplains; the Virginia Beach Coalition far the Homeless; the Virginia Beach Investigative Review Panel; the South Hampton Roads Ecumenical Cable television Committee; the Virginia Beach Liaison Committee; the Virginia Beach Fellowship Committee; the Virginia Beach Human Rights Commission; the Labor Day Community Coordinating Committee; the Mayor's Complete Count Committee; the Homecoming Committee; the Norfolk State University Community task Force; and, as a member of the Board of Directors for the Virginia Beach Crime Solvers; WHEREAS: Father Dale's commitment to this community has been recognized by his acceptance, in 1988, as a Great Citizen of Hampton Roads and the 1993 Brotherhood Award from the National Conference of Christians and Jews; and, WHEREAS: Father Dale has announced that he has been reassigned by the Catholic Diocese of Richmond, which will cause him to leave our City to accept the Pastoral position in another church. ROD, tHEREFORE BE It RESOLVED, that the Virginia Beach City Council hereby recognizes EAtHER MILLZAS DALE for his deep involvement and powerful influence for good in the growth and progress of this community and extend to him our personal best wishes and those of all our citizens, wishing him good health and continued happiness in his new community, recognizing that he will be sorely missed in Virginia Beach. Given under our hands and seals this twenty-Sixth day of April, Nineteen Hundred and Ninety-Four. John A. Baum Linwood O. Branch, III James M. Brazier, Jr. Robert M. Clyburn Robert K. Dean Louis R. Jones Paul J. Lanteigne John D. Moss Nancy K. Parker Meyera E. Oberndorf William D. Sessoms, Jr. Mayor Vice Mayor - 10 - Item III-G.2. MAYOR'S PRESENTATIONS ITEM#37921 Mayor Oberndorf PROCLAIMED: April 26, 1994 AS SALEM HIGH GIRLS BASKETBALL TEAM DAY In March 1994, the Salem Girls Basketball Team won the State High School League Championship, the first Virginia Beach girls team to win State, and went on to Miami, Florida, to play in a Tournament against nationally ranked teams, placing third out of twelve. Coach Larry Bowman and his team ACCEPTED the PROCLAMATION. Dr. Ramona Stenzhorn, Principal, attended in support of the team and assisted in distributing commemorative sweatshirts to City Council. April 26, 1994 O tr ,, of d OUR 004'. II t 4b {£REAS: In March 1994, the Salem Girls Basketball Team won the state High schonl League Championship, the first Virginia Beach Girls ream to win State, and went on to Miami, Florida, to play in a tournament against nationally ranked teams, placing Third nut of Twelve; WHEREAS: this has been an exciting, hard-fought, and successful Basketball season and we are proud of the record they have earned and the fine publicity they brought to our community by their inspired sportsmanship, which is evidenced by a record of 27 wins and 16-0 undefeated in the District; and, mss: special commendation is due all team members, Coach Bowman, his staff, and the parents who have given generously of their support to this team. NOM, BEFORE, I, Meyera E. Oberndorf, Mayor of the City of Virginia Beach, Virginia, do hereby PROCLAIM: APRIL 2 6 , 1 9 9 4 As SALEM HIGH GIRLS BASKECBACE CEA M and call upon all citizens to join me in recognizing this fine Team: Kelly Bradley, Angelica Gabriel, Keisha Joseph, Keesha Short, Karen Lawskowski, Jamie Blackburn, Michelle Edwards, Katharina Stein, Mists Colebank, Kelley King, Antoinetta Gabriel, Mara Mitchell, Bronwyn Blair, D. J. Scott, Angela Angeles; and, their Coach, Carry Bowman; Assistant Coaches, Tim Romano, Dave McCart, and Mia Shigemitsu; and Managers, Tanya Raton and Stacy Zello, expressing our pride in their accomplishment. IN MINUS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to be affixed this Twenty-sixth day of April, Nineteen Hundred and Ninety-Four. - .A!`�fir :;•,\ • K� _ ytbernaar9 " k z� Mayor • tiyr ^AM M1� - 11 - Item III-H.1. PUBLIC HEARINGS ITEM#37922 Mayor Oberndorf DECLARED PUBLIC HEARINGS: FY 1994-1995 OPERATING BUDGET $ 753,724,159 FY 1994-1995 CAPITAL IMPROVEMENT PROGRAM Proposed FY 1994-1995 Capital Budget $ 97,925,122 Proposed Six-Year CIP $ 963,774,790 The following registered to speak on various subjects: Gregg Benshoff, 1156 Indian Road, Phone: 425-7557 (H), 437-4834 (W), President of the Virginia Beach Professional Firefighters. David Hewes, 3109 Crestwood Lane, Phone: 427-9607 John Jud4 8006 Atlantic Avenue, Phone: 425-0826 Juanita Felton, 3974 Little Neck Road, Phone: 486-2033, represented the Arts and Humanities Commission Beth Karney, 4918 Woods Edge Drive, Phone: 552-1860, President of the Board of Directors for the Endependence Center. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARINGS. April 26, 1994 II- 12 - Item III-H.2. PUBLIC HEARINGS ITEM#37923 Mayor Oberndorf DECLARED PUBLIC HEARINGS: GENERAL OBLIGATION BONDS $ 52,700,000 (Various Schools, Roads, Buildings/Other Public Facilities) GENERAL OBLIGATION BONDS $ 8,000,000 (Roads, Highways or Bridges) WATER AND SEWER SYSTEM REVENUE BONDS $ 14,080,000 (Improvements and Expansions to City's Water-Sewer System) There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARINGS. April 26, 1994 I I III I I - 13 - Item III-I. CONSENT AGENDA ITEM #37924 Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council APPROVED in ONE MOTION items 1, 2, 3, 4, 5, 6 and 7 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker* and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None *Council Lady Parker VERBALLY ABSTAINED on Item III-I.3.b.c.f April 26, 1994 I I - 14 - Item III-I.1. CONSENT AGENDA ITEM #37925 Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a grant of$3,200 from the Department of Agriculture and Consumer Services to the FY 1993-1994 Department of Agriculture Operating Budget re pesticide container recycling program, and revenues from the Commonwealth be increased accordingly. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 26, 1994 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE TO THE FY 1993-94 2 DEPARTMENT OF AGRICULTURE OPERATING BUDGET A GRANT 3 IN THE AMOUNT OF $3,200 FROM THE VIRGINIA 4 DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES 5 WHEREAS, the Virginia Department of Agriculture and Consumer Services has 6 completed a successful pilot program for acceptance and disposal of plastic pesticide 7 containers from agricultural producers, pesticide dealers, and pest control firms; 8 WHEREAS, the U.S. EPA has made available to the state funds to continue and 9 expand the pilot program; and 10 WHEREAS, the City of Virginia Beach has successfully applied for a grant to 11 participate in the pesticide container recycling program, and has been awarded a grant in the 12 amount of $3,200 from the Virginia Department of Agriculture and Consumer Services; 13 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA that a grant in the amount of $3,200 be accepted and 15 appropriated from the State Department of Agriculture and Consumer Services to the FY 16 1993-94 Department of Agriculture Operating Budget for the pesticide container recycling 17 program, and that revenues from the Commonwealth be increased by $3,200. 91,.,^.,CA4 18 Adopted by the Council of the City of Virginia Beach, Virginia on this 19 day of April , 1994. 20 APPROVED AS TO CONTENT: APPROVED AS TO FORM: _/( "fd°J 21 22 Walter C. Krae 'r,Jr. City Attorney 23 Department of Management 24 and Budget - 15 - Item III-J.2. CONSENT AGENDA ITEM#37926 Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED: Ordinances to grant one-year franchises to operate open air cafes on public property in the Resort Area; and; to authorize the City Manager to execute franchise agreements (VIRGINIA BEACH BOROUGH): Virginia George Co., Inc. 2410 Atlantic Avenue t/a Dough Boys 24th Louis F. Dickens and David W. Groth 706 Atlantic Avenue t/a The Black Angus Restaurant Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 26, 1994 1 AN ORDINANCE GRANTING A FRANCHISE 2 FOR THE OPERATION OF AN OPEN AIR 3 CAFE IN THE RESORT AREA 4 WHEREAS, Virginia George Co. , Inc. (t/a Dough Boys 24th) 5 (hereinafter referred to as "Grantee") has requested renewal of its 6 franchise for the operation of an open air café at 2410 Atlantic 7 Avenue; 8 WHEREAS, the City has developed a Franchise Agreement for 9 the regulation of open air cafés which the above-listed Grantee 10 will be required to execute as a condition of franchise renewal; 11 and 12 WHEREAS, based on the Grantee's operation of an open air 13 café in substantial compliance with the Franchise Agreement for the 14 period May 1, 1993, to April 30, 1994, the Department of Convention 15 and Visitor Development has recommended a one-year renewal of its 16 franchise. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 1. That a Franchise is hereby granted to Virginia 20 George Co. , Inc. (t/a Dough Boys 24th) to operate an open air café 21 at 2410 Atlantic Avenue, from May 1, 1994, to April 30, 1995, 22 conditioned on the Grantee's execution of the above-referenced 23 Franchise Agreement and compliance with the terms and conditions 24 thereof. 25 2 . That the City Manager, or his duly authorized 26 designee, is hereby authorized to execute, on behalf of the City, 27 the above-referenced Franchise Agreement with the Grantee. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the '(,- day of April , 1994 . APPROVEL O COQ 'ii'f"3 30 CA-5568 ev ' 31 ORDIN\NONCODE\DOUGH.ORD 32 R-1 33 PREPARED: April 19, 1994 t S ~r3 L EC ° A1-10:`,t\ '1 1 AN ORDINANCE GRANTING A FRANCHISE 2 FOR THE OPERATION OF AN OPEN AIR 3 CAFE IN THE RESORT AREA 4 WHEREAS, Louis F. Dickens and David W. Groth (t/a The 5 Black Angus Restaurant) (hereinafter collectively referred to as 6 "Grantee") have submitted an application to the City for the grant 7 of a franchise to operate an open air café to be located at 706 8 Atlantic Avenue; 9 WHEREAS, the City has developed a Franchise Agreement for 10 the regulation of open air cafés which the above-listed Grantee 11 will be required to execute as a condition of the grant of a 12 franchise; and 13 WHEREAS, based on its review of the Grantee's applica- 14 tion, the Department of Convention and Visitor Development has 15 recommended that the Grantee be granted a franchise to operate an 16 open air café at the location indicated for a term of one (1) year. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 1. That a Franchise is hereby granted to Louis F. 20 Dickens and David W. Groth to operate an open air café at 706 21 Atlantic Avenue, from May 1, 1994, to April 30, 1995, conditioned 22 upon the Grantee's provision of an approved final site plan, 23 liability insurance coverage, a security bond, and the applicable 24 franchise fee, and upon the Grantee's compliance with all of the 25 terms and conditions of the aforementioned Franchise Agreement. 26 2 . That the City Manager or his duly authorized 27 designee is hereby authorized to enter into a Franchise Agreement 28 with the Grantee subject to the Grantee's compliance with the 29 conditions referenced herein. 30 Adopted by the Council of the City of Virginia Beach, April 31 Virginia, on the 2 day of , 1994. AQP. *VED" 4 +0N``, t.410( , SIGNATURE 32 CA-5566 ( Z/, 33 ORDIN\NONCODE\FRANCH.ORD OEPAR7M ? T 34 R-1 35 PREPARED: 04/19/94 APPROVED AS LEGAL CITY ATTCRWY _____ - 16 - Item III-L3.a.d.e.g. CONSENT AGENDA ITEM#37927 Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED: Ordinance to grant five-year renewal franchises to operate open air cafes on public property in the Resort Area; and, to authorize the City Manager to execute franchise agreements (VIRGINIA BEACH BOROUGH): Athena Enterprises, Inc. 2612 Atlantic Avenue t/a King of the Sea Restaurant Fogg's Seafood Co. 415 Atlantic Avenue t/a Foggs Nabled Investors, Theme Restaurants, Inc. 910 Atlantic Avenue t/a II Giordino Ristorante Econo Lodge Oceanfront, Inc. 1211 Atlantic Avenue t/a Fish Bones Restaurant, Inc. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 26, 1994 AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, R. J. Nutter, II, attorney for Tate Terrace Realty Investors, Inc. , being duly sworn, deposes and states: 1. That I am an attorney at law and represent Tate Terrace Realty Investors, Inc. 2. That on the April 6, and April 12, 1994, notice of the presenting of the application to close a portion of that certain street known as Raynor Drive on behalf of Tate Terrace Realty Investors, Inc. , was published in the Virginian Pilot/Ledger Star, a newspaper of general circulation in the City of Virginia Beach, Virginia as evidenced by the attached copy of an Affidavit from the Virginian Pilot/Ledger Star. And further the deponen saith not 4411j - 111 . Nutter, II Subscribed and sworn to before me this /1 day of April, 1994. )1(40 No at7Pu 1 is My commission expires: SHUTTLEWORTH, RULOFF, GIORDANO & KAHLE, P.C. ATTORNEYS AND COUNSELORS AT LAW JUDITH M.COFIELD CORPORATE CENTER OF COUNSEL STEPHEN J.DAVIS 4425 CORPORATION LANE RICHARD D.GUY GREGORY A.GIORDANO PAUL S.TRIBLE,JR. ROBERT J.HADDAD VIRGINIA BEACH, VIRGINIA 23462-3103 (FORMER US.SENATOR) JEFFREY B.HAMMAKER DOUGLAS L.HORNSBY DOUGLAS E.KAHLE TELEPHONE:1804)671-6000 PENINSULA OFFICE: MARY KEATING 1-800-888-6005 K.DWAYNE LOUK 603 PILOT HOUSE DRIVE REAL ESTATE FACSIMILE:(804)671-6005 ROBERT G.MORECOCK SUITE 250 R.J.NUTTER,11 LITIGATION &CORPORATE FACSIMILE:1804)671-6004 LISA P.O'DONNELL DIRECT DIAL NUMBER NEWPORT NEWS,VIRGINIA 23606.1980 ROBERT E.RULOFF TELEPHONE:(804)873-9999 THOMAS B.SHUTTLEWORTH' JEFFREY T.TALBERT FACSIMILE:(804)873-9758 CHERYL S.TUCK LAWRENCE H.WOODWARD,JR. •Board Certified Civil Trial Specialist by The National Board of Tial Advocacy 671-6037 - April 1, 1994 David Hay, Esquire Office of the City Attorney Municipal Center Virginia Beach, Virginia 23456 RE: Title Certification for the Closure of a Portion of Raynor Drive Dear David: This is to confirm that I have examined the records on file in the Virginia Beach Circuit Court Clerk's Office as of April 1, 1994. Their records reflect that the portion of Raynor Drive being closed and vacated pursuant to the application of Tate Terrace Realty Investors, Inc. was dedicated to the City in 1992 by virtue of a subdivision plat entitled "Subdivision of Glenwood Phase 5B, Section 1A", recorded in Map Book 225 at page 2 . This is also to certify that the owners of the property adjacent to the portion of Raynor Drive being closed is Tate Terrace Realty Investors, Inc. and that upon the closure of the portion of Raynor Drive described in the attached legal description, title to the property will revert to Tate Terrace Realty Investors, Inc. Thanking you for your assistance in this matter. ery i ru y .ours i / SAM R. ut er, I "47 RJN/sll fl ORDINANCE APPOINTING VIEWERS WHEREAS, that Tate Terrace Realty Investors, Inc. , has given due and proper notice, in accordance with the statutes I for such cases made and provided that they will on the 26th day of April, 1994, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the hereinafter described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of such portion of the hereinafter described street, and has filed such application with said Council. I � NOW THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott , David M. Grochmal and Ralph A. Smith are hereby appointed to view the hereinafter described property and report in writing to the Council as soon as possible, whether, in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of the portion of that certain street of variable width located in the City of Virginia Beach, Virginia and more particularly described as follows: ALL THAT certain piece or parcel of land located and designated as a portion of the right-of-way of Raynor Drive as shown on Subdivision Plat of Glenwood Phase 5B Section 1A, and recorded in Map Book 225, page 2 of the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and more particularly described as follows: Beginning at a point where the Northern Right-of- Way line of Jurgen Court intersects the Western Right-of-Way line of Raynor Drive as shown on Subdivision Plat of Glenwood, Phase 5B, Section 1A; thence from said point of beginning along the Western Right-of-Way line of Raynor Drive No 41° 00' 38" W 89.40 feet to a point of curvature; thence along a curve to the right having a radius of 150. 00 feet and an arc length of 0.47 feet to a point; thence N 68° 15' 47" E 20.29 feet to a point; thence along a curve to the left having a radius of 190. 19 feet and an arc length of 86.08 feet to the point of beginning. Said Parcel containing 0. 013 acre. All of the above as shown upon that certain plat entitled "Subdivision of Glenwood Phase 5B Section 1A", which plat is recorded in the Virginia Beach Circuit Court Clerk's Office in Map Book 225 at page 2. Adopted by the Council of the City of Virginia Beach, Virginia, on this 26 day of April , 1994 . ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS RAYNOR DRIVE, AS SHOWN UPON THAT CERTAIN PLANT ENTITLED "SUBDIVISION OF GLENWOOD PHASE 5B SECTION 1A", DATED 7/17/92, WHICH PLAT IS RECORDED IN THE VIRGINIA BEACH CIRCUIT COURT CLERK'S OFFICE IN MAP BOOK 225, AT PAGE 2. WHEREAS, it appearing by affidavit that proper notice has been given by that it would make application to the Council of the City of Virginia Beach, Virginia, on , to have a portion of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said portion of said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described portion of Raynor Drive be discontinued, closed, and vacated: ALL THAT certain piece or parcel of land located and designated as a portion of the right-of-way of Raynor Drive as shown on Subdivision Plat of Glenwood Phase 5B Section 1A, and recorded in Map Book 225, page 2 of the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and more particularly described as follows: Beginning at a point where the Northern Right-of- Way line of Jurgen Court intersects the Western Right-of-Way line of Raynor Drive as shown on Subdivision Plat of Glenwood, Phase 5B, Section 1A; thence from said point of beginning along the Western Right-of-Way line of Raynor Drive No 41° 00' 38" W 89.40 feet to a point of curvature; thence along a curve to the right having a radius of 150.00 feet and an arc length of 0.47 feet to a point; thence N 68° 15' 47" E 20.29 feet to a 1 point; thence along a curve to the left having a radius of 190. 19 feet and an arc length of 86.08 feet to the point of beginning. Said Parcel containing 0.013 acre. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the City of Virginia Beach as Grantor. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 1994. GPIN: LEGAL DESCRIPTION ALL THAT certain piece or parcel of land located and designated as a portion of the right-of-way of Raynor Drive as shown on Subdivision Plat of Glenwood, Phase 5B, Section 1A, and recorded in Map Book 225, page 2 of the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and more particularly described as follows: Beginning at a point where the Northern Right-of-Way line of Jurgen Court intersects the Western Right-of-Way line of Raynor Drive as shown on Subdivision Plat of Glenwood, Phase 5B, Section 1A; thence from said point of beginning along the Western Right- of-Way line of Raynor Drive No 41° 00' 38" W 89.40 feet to a point of curvature; thence along a curve to the right having a radius of 150.00 feet and an arc length of 0.47 feet to a point; thence N 68° 15' 47" E 20.29 feet to a point; thence along a curve to the aleft having a radius of 190. 19 feet and an arc length of 86.08 feet to the point of beginning. Said Parcel containing 0.013 acre. II i I State of Virginia to-wit AFFIDAVIT City of Norfolk This day Edith Weiser personally appeared before me and after being duly sworn made oath that: (1) (He) (She) is affidavit clerk of Virginian Pilot/Ledger Star a newspaper published by Landmark Communications,Inc.,in the cities of Norfolk,Portsmouth,Chesapeake, Suffolk and Virginia Beach, State of Virginia; (2) That the advertisement hereto annexed of Raynor Drive has been published in said newspaper on the following dates: April 6 , & April 12 19 94 Affiant Subscribed and sworn to before me in my city and state aforesaid this 12th day of April 19 94 My con i+ •n expires a 6 19 13090 Notary Public • a radius of 150.00 NOTICE hof 0.47 PLEASE TAKE NOTICE of feet and ppo�iiM N 68'15' the meeting of the City V 47" E 20.29 feet to a point, the City of Virginia Be�ac�h y a curve to the left 26thbe held onday of April,1994 of 6m having mita of 190.19 feet pm.,in the City Council Cham- end an ere length of 86.08 feet City M Municipal of p�Ol Said bars, Beach, uVirginia 123456. P containing 0.013 acre.. the undersigned will petition the The above street,Raynor Drive is Council for the appointment of shown on thatcertain Plat anti Viewers to view the hereinafter tied Subdivision of Glenwood described portion of s certain Phase 58 Section 1A"recorded street known as Raynor Drive and in the_.rolia Beech Circuit report to the City Council whether Court s Office In map Book in the opinion of the Viewers, 225 at page 2• �0 what if any, inconvenience At that time,and closing would result horn.the nuance of wr may be where the laced on the Council agenda, Beginning ata point will Petition the Northern rt intersects line of uCo m vacate,close and ern Right-of-Way Court may line the West-nor discontinue the portion of street Drivem Rbghtof-Way line of Ray in the City of Virginia Beach.Vir- Plat f shown on Subs ma as aesrnbed above. Plat of Glenwood, Phase Section lA; thence along said TATE TERRACE point of nonirgWaayi�g the RgyEALTY INVESTORS.INC. ' R yynornDrive Nto 41'00'38'of Of Course 11 I 89.40 feet to a point of curve- tune;thence along a curve to the i II I I I - 20 - Item III-1.6. CONSENT AGENDA ITEM#37931 Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $3,841.41. upon application of certain persons and upon Certification of the City Treasurer for Payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 26, 1994 =ORM NO. C.P. 7 4/8/94 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Total Year of Tax Number tion No. Paid First Union Mortgage 94 RE(1/2) 129373-3 11/23/93 28.50 Andrea Whitehurst 94 RE(1/2) 126171-3 12/5/93 30.34 Robert B Sr & Deoliveira Givens94 RE(1/2) 43491-3 12/5/93 129. 11 Willard Hull Jr Trustee 94 RE(1/2) 56052-6 11/29/93 42.75 Harry R Purkey Jr 94 RE(1/2) 22165-2 10/7/93 121.52 First Union Mortgage Corp 94 RE(1/2) 46226-8 11/23/93 50.34 James W & Louise Parrett 94 RE(1/2) 89541-6 12/5/93 42.75 Ellen Van Os 94 RE(1/2) 120360-7 12/5/93 71.25 John R & Gordon Potter 94 RE(1/2) 93349-2 12/5/93 72.60 Sugar Plum Inc 94 RE(1/2) 113888-5 12/5/93 1,742.81 BBS Corp 94 RE(1/2) 4354-1 11/17/93 570.00 Banc One Mortgage Corp 94 RE(1/2) 3098-4 11/22/93 45. 53 Woodith Associates 94 RE(1/2) 129753-3 11/26/93 53. 35 Richard F Holladay Jr 93 RE(1/2) 113832-3 12/5/92 207. 10 Fleet RE Funding Corp 93 RE(1/2) 11556-3 12/4/92 56.65 Fleet RE Funding Corp 93 RE(2/2) 11556-3 5/18/93 113.29 Terry L & Karen Shoemaker 93 RE(1/2) 106133-3 12/5/92 21.80 Terry L & Karen Shoemaker 93 RE(2/2) 106133-3 5/12/93 21.80 Terry L & Karen Shoemaker 92 RE(1/2) 105198-8 12/5/91 21.80 Terry L & Karen Shoemaker 92 RE(2/2) 105198-8 6/5/92 21.80 Terry L & Karen Shoemaker 91 RE(1/2) 104535-4 12/5/90 20.64 Terry L & Karen Shoemaker 91 RE(2/2) 104535-4 6/5/91 20. 64 Life Savings Bank 93 RE(1/2) 68226-3 12/5/92 49.95 Life Savings Bank 93 RE(2/2) 68226-3 6/5/93 49.95 Life Savings Bank 92 RE(1/2) 67405-9 12/5/91 53. 39 Life Savings Bank 92 RE(2/2) 67405-9 6/5/92 53.39 Life Savings Bank 91 RE(1/2) 66808-5 12/5/90 52. 18 Life Savings Bank 91 RE(2/2) 66808-5 6/5/91 52. 18 Joseph A Ferraco N/A Pkng 407017 2/18/94 24.00 Total 3,841.41 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Ce ) as to paymi a $3,841.41 were approved by the Council of the City of Virginia 4 Beach on the 26 day of April i, ,* Joh � T. Atki on, Tre rer Approved as to form: Ruth Hodges Smith City Clerk /. _, AP Amer -slie L. Lilley, Cit r4 I I I II I - 21 - Item III-I.7. CONSENT AGENDA ITEM #37932 Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED: Ordinance authorizing license refunds in the amount of$9,835.03. upon application of certain persons and upon Certification of the Commissioner of Revenue for Payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 26, 1994 FORM NO.CA 8 REV.3/86 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 Lynnhaven Mall Ltd Partnership T/A Famous Chocolate Chip Cookie P.O. Box 6000 1991 Audit 163.82 163.82 Park City, UT 84060-4000 Schneider, Craig R. & S. C. Harrell T/A Strictly Performance 4042 Lake Ridge Circle 1993 Audit 24.00 24.00 Virginia Beach, VA 23452 Spry, Orin C. 1993 Audit 25.33 25.33 T/A Nanas Nook RR 2 Box 16B Gates, NC 27937 Certified as to Payment: L__-Robert P. Vaughac Commissioner of the Revenue Approved as to form: Leslie L. Lille City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 213.15 were approved by the Council 26 April 19 -94 of the City of Virginia Beach on the day of Ruth Hodges Smith City Clerk II I I FORM NO.CA_8 REV.3/88 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 Fairgrounds Auto Parts Inc. 1991-92 Audit 101.30 101.30 T/A G B Automotive 3783 Bonney Road Virginia Beach, VA 23452 G B Enterprises Inc. 1992-93 Audit 211.42 211.42 3783 Bonney Road Virginia Beach, VA 23452 John R Anderson Realty Inc. T/A Anderson Belanger Realty 4316 Delray Drive 1992-93 Audit 35.10 35.10 Virginia Beach, VA 23455 Certified as to Payment: c Robert P. Vaug0a 5 Commissioner of the Revenue Approved as to form: esl e L. Lilley°P>- City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 347.82 were approved by the Council of the City of Virginia Beach on the 26 day of April , 19 94 Ruth Hodges Smith City Clerk FORM NO.C.A.8 REV.3/B6 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 Brendles Stores Inc. 1990-93 Audit 4,816.20 4,816.20 1919 North Bridge Street Elkin, NC 28621 Colonial Chimney Sweeps Inc. T/A CCSI 1992-93 Audit 17.99 17.99 601 Piney Point Road Virginia Beach, VA 23452 Creative Food Management Inc. T/A Creative Correctional Food Mgt. P.O. Box 9220 1991-92 Audit 360.56 360.56 Toledo, OH 43697-9200 Certified as to Payment: -Robert P. Vaughan __j- Commissioner of the Revenue Approved as to form: lsz , Or aLe ie . Lily City Attorney r This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 5,194.75 were approved by the Council 26 April 19 94 of the City of Virginia Beach on the day of Ruth Hodges Smith City Clerk 1' FORM NO.C.A.8 REV.3/86 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 Southland Corp. , The 1993 Audit 377.10 377.10 T/A 7-Eleven 2514-10817 1801 B Sara Drive Chesapeake, VA 23320 W B Goode Co. Inc. 1993 Audit 554.73 554.73 1638 Debaun Avenue Chesapeake, VA 23320 Hunton & Williams 1991-93 Audit 432.70 432.70 P.O. Box 3889 Norfolk, VA 23514 Certified as to Payment: 7 7:____-------- bert P. Vaughan;' 'Commissioner oft evenue Approved as to form: �' sli L.^Lil -y i City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,364.53 were approved by the Council 26 April 19 94 of the City of Virginia Beach on the day of . Ruth Hodges Smith City Clerk FORM NO.CA B REV.3/86 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 Jon Mar Inc. 1993 8/26/93 48.00 48.00 T/A Pro Print Thermography 4966 Euclid Road Virginia Beach, VA 23462 Leuzzi, Alexander A. 1992 Audit 94.73 94.73 T/A S & A Deli 527 N. Birdneck Road Virginia Beach, VA 23451 Serene Settings Ltd. 1992-93 Audit 38.33 38.33 3560 Dandelion Crescent Virginia Beach, VA 23456 Certified as to Payment: obert P. Vaughan Commissioner of the evenue Approved as to form: Vii __ << eslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 181.06 were approved by the Council 26 April 19 94 of the City of Virginia Beach on the day of Ruth Hodges Smith City Clerk i 11 11 I FORM NO.CA 8 REV.3B6 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 Heddlesten, Chester T. 1992-93 Audit 20.67 20.67 T/A Bullpen Sports Collectibles 1053 Torngat Court Virginia Beach, VA 23454 Honey Do Home Repairs Inc. 2299 St. Marshall Drive 1990-93 Audit 85.29 85.29 Virginia Beach, VA 23454 Jefferson, Leroy 1992-93 Audit 116.87 116.87 T/A Drain Masters 1005 Bluebird Drive Chesapeake, VA 23320 Certified as to Payment: /:-/------37":4, ".4.-- ,--------- c Bert P. Vaughan Commissioner of the venue R Approved as to form: 11 Leslie L. Lilley F-41.116"4" City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 222.83 were approved by the Council April 94 of the City of Virginia Beach on the 26 day of 19 Ruth Hodges Smith City Clerk FORM NO.C.A.8 REV.3/86 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 Gomez, Alvar 1991-92 Audit 30.00 30.00 T/A Alvar Gomez Associates 1289 Southfield Place Virginia Beach, VA 23452 Harris Tire Service 1993 Audit 608.17 608.17 T/A Harris Tire Service-Lynnhaven Pkwy. P.O. Box 12778 Norfolk, VA 23541 Harris, William R. 1992 Audit 64. 58 64.58 T/A Harris Construction 233 Roselynn Lane Virginia Beach, VA 23454 Certified as to Payment: ert P. Vaughan Commissioner of the R enue Approved as to form: esti L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 702.75 were approved by the Council of the City of Virginia Beach on the 26 day of April , 1 g 94 . Ruth Hodges Smith City Clerk • FORM NO.CA 8 REV.3/86 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 Kight, Garland L. , Jr. 1993 Audit 1,532.09 1,532.09 Beach Marine Company c/o Norfolk Marine Company 5221 Virginia Beach Blvd. Norfolk, VA 23592 Berndt, Brad A. 1992 Audit 36.05 36.05 T/A Adams Tree Service 708 Wolf snare Crescent Virginia Beach, VA 23454 Certified as to Payment: Robert P. VaugharL ,/ Commissioner of the Revenue Approved as to form: LeVie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,568.14 were approved by the Council 26 April 19 94 of the City of Virginia Beach on the day of Ruth Hodges Smith City Clerk I FORM NO.CA B REV.3/86 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 Cohen, Judith 1992-93 Audit 10.00 10.00 T/A Jelco 804 Twin Peak Court Chesapeake, VA 23320 English, Kathleen A. 1991-92 Audit 30.00 30.00 T/A Beachy Clean 630 Atlantic Avenue Virginia Beach, VA 23451 Certified as to Payment: (---.Robert P. Vaughan(_ Commissioner of the Revenue Approved as to form: A, 1 ice // 2- _ Les ie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 40.00 were approved by the Council of the City of Virginia Beach on the 26 94 day of April 19 Ruth Hodges Smith City Clerk II .I. - 22 - Item III-J. PUBLIC HEARING ITEM#37933 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. (a)JESSE SWOOPE VARIANCE (b) BALI-SE VARIANCE (c) SENTARA BAYSIDE HOSPITAL CONDITIONAL USE PERMIT (d) DANNY M. AND CHRISTINE A. CICCONE CONDITIONAL USE PERMIT (e) SANDY JOHN MILLER, JOHN MILLER CONDITIONAL CHANGE OF AND KATHERINE MILLER ZONING April 26, 1994 i - 23 - Item III-J.1.a. PUBLIC HEARING ITEM#37934 PLANNING Jesse Swoope, 4940 Bradpoint Lane, Phone: 460-2871, the applicant represented himself Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council APPROVED the application of JESSE SWOOPE for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision have direct access to a public street. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of Jesse Swoope. Property is located 1000 feet west of the intersection of Bradpoint Lane and Beaufort Avenue. BAYSIDE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W Brazier, Jr. April 26, 1994 - 24 - Item III-J.1.b. PUBLIC HEARING ITEM#37935 PLANNING Larry Barry, 5544 Greenwich Road, Vice President of Langley and McDonald represented the applicant Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council APPROVED the application of BALI-SE, a Virginia General Partnership, for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance: Appeal from Decisions of Administrative officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Bali-Se, a Virginia General Partnership. Property is located at 5820 Ward Court. BAYSIDE BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: James W Brazier, Jr. Vice Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is an officer of Central Fidelity Bank earning in excess of$10,000.00 annually. Central Fidelity Bank conducts business with Bali-Se. Vice Mayor Sessoms's letter of April 26, 1994, is hereby made apart of the record. April 26, 1994 - 25 - Item III-J.1.c. PUBLIC HEARING ITEM#37936 PLANNING Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of BAYSIDE HOSPITAL for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SENTARA BAYSIDE HOSPITAL FOR A CONDITIONAL USE PERMIT FOR A HOSPITAL (ADDITION) 804941891 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sentara Bayside Hosital for a hospital (addition) on the east side of Independence Boulevard north of North Witchduck Road. Said parcel is located at 800 Independence Boulevard and contains 14.442 acres. BAYSIDE BOROUGH. The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of April. Nineteen Hundred and Ninety-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert W Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W Brazier, Jr. Mayor Oberndorf DISCLOSED she is on the Tidewater Health Care Board which oversees Virginia Beach General and Portsmouth General; however she receives no remuneration. Vice Mayor Sessoms DISCLOSED as he was a member of the Virignia Beach General Hospital Board; however, he receives no remuneration. April 26, 1994 - 26 - Item III-J.1.d. PUBLIC HEARING ITEM#37937 PLANNING Danny M. Ciccone, the applicant, represented himself Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of DANNY M. & CHRISTINE A. CICCONE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF DANNY M. & CHRISTINE A. CICCONE FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES RO4941892 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Danny M & Christine A. Ciccone for a Conditional Use Permit for motor vehicle sales on the west side of Davis Street, 573.05 feet north of Virginia Beach Boulevard Said parcel is located at 409 Davis Street and contains 20,908.8 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. All cars for sale will be stored inside the existing storage building. 2. Landscaping along the side lot lines as shown on the submitted plan is not required. New landscaping shall be added in any non paved areas across the frontage on Davis Street. The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of April, Nineteen Hundred and Ninety-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W Brazier, Jr. April 26, 1994 - 27 - Item HI-I.e. PUBLIC HEARING ITEM#37938 PLANNING Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of SANDY JOHN MILLER, JOHN MILLER & KATHERINE MILLER for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF SANDY JOHN MILLER, JOHN MILLER&KATHERINE MILLER FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 TO B-2 ZO4941420 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sandy John Miller, John Miller & Katherine Miller for a Conditional Change of Zoning District Classification from A-12 Apartment District to Conditional B-2 Community Business District on the south side of Indian River Road, west of Reon Drive. The proposed zoning classification change to Community Business is for commercial land use. The Comprehensive Plan recommends use of this parcel for RetaillService use in accordance with other Plan polices. Said parcel is located at 6025 Indian River Road and contains 12,500 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. The Ordinance shall be effective in accordance with Section 107 (9 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of April, Nineteen Hundred and Ninety-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W Brazier, Jr. April 26, 1994 JOHN MILLER, KATHERINE MILLER, a/k/a KATHLEEN MILLER, and SANDY JOHN MILLER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 30th day of December, 1993 , by and between JOHN MILLER and KATHERINE MILLER, a/k/a KATHLEEN MILLER, husband and wife, and SANDY JOHN MILLER, GRANTOR, party of the first part, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, party of the second part. W I T N E S SETH , WHEREAS, GRANTOR is the owner of a certain parcel of property located in the Kempsville Borough of the City of Virginia Beach, containing approximately Twelve Thousand Five Hundred square feet (12, 500) and described in Exhibit "A" attached hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property" ; and WHEREAS, the GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to change the Zoning Classification of the Property from A-12 to B-2; and WHEREAS, the GRANTEE' S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the 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 Property and at the same time to recognize the effects of change, and the need for various types of uses , certain reasonable conditions governing the use of the Property for the protection of the YKES CARNES SOURDON AHERN•SHAPIRO.I C ATTORNEYSAT LAW community that are not general'_• applicable to land similarly : 'ned are needed to cope with the situation to which the CANTOR' S rezoning application gives rise; and - 1 - WHEREAS, the GRANTOR has voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning . NOW, THEREFORE, the GRANTOR, for himself, his successors, personal representatives, assigns, GRANTEE, and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro auo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, their successors , personal representatives, assigns, GRANTEE, and other successors in interest or title: 1 . Continuous evergreen and/or low berm screening shall be provided along any side of a parking lot that abutts Indian River Road. Berms and landscape screening shall be employed to screen any loading areas . 2. All outdoor lighting shall be shielded to direct light and glare onto the premises . Said outdoor lighting and •KES.CARNES lOVRQON AMERN I SHAPIRO.P C ATTORNEYS AT LAw glare shall be deflected, shaded and focused, away from all adjoining property. - 2 - 3 . The following uses shall be the only uses permitted on the premises . Those uses requiring a conditional use permit from City Council shall continue to be required to obtain said conditional use permit, and City Council by accepting this proffer, does not grant the right to place any conditional uses within the property. USE. (1) Animal hospitals, pounds, shelters , commercial kennels, provided that all animals shall be kept in sound proofed, air-conditioned buildings . (2) Bakeries, confectioneries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on the premises . (3) Business and vocational schools which do not involve the operation of woodwork shops , machine shops or other similar facilities . (4) Business studios, offices, and clinics. (5) Child care and child care education centers . (6) Beauty shops and barber shops . (7) Financial institutions. (8) Florists, gift shops and stationery stores . (9) Service and repair services for business machines, sign shops and other small service businesses . (10) Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices . (11) Laundry and dry cleaning agencies . (12) Medical and dental offices . S.CAANES8OUAOON (13) Museums and art galleries . (AN l SMA►IAO •C TTOANErS AT.AW (14) Job and commercial printing. (15) Personal service establishments, other than those l . ted separately. - 3 - (16) Public utilities installations and substations , including offices . (17) Repair and sales for radio and television and other household appliances . (18) Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms . (19) Veterinary establishments and commercial kennels , provided that all animals shall be kept in soundproofed, air-conditioned buildings . (20) Accessory uses and structures which may be reviewed and approved by City of Virginia Beach Zoning Administrator which are clearly incidental and subordinate to principal uses in accordance with the Virginia Beach Comprehensive Zoning Ordinance. The above conditions, having been proffered by the GRANTOR and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions . Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions , however, may be repealed, amended, or varied by written instrument recorded in the Clerk' s Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an 'ICES.CARNES BOURDON ANERN&SHAPIRO P C ATTORNEYS AT LAW ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE which was - 4 - advertised pursuant to the provisions of Section 15 . 1-431 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The GRANTOR covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions 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 these provisions, the GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk' s Office of the Circuit Court of the City of Virginia Beach, Virginia, and KES CARNES OOVRpOH indexed in the names of the GRANTOR and the GRANTEE. \MERH I SMAPIRO P C ATTORNEYS AT LAW - 5 - WITNESS the following signatures and seals : GRANTOR: By: (SEAL) John Miller By: /aal.L- X/ (SEAL) Katherine Miller, a/k/a Kathleen Miller By: . 71 (SEAL) Sandy rn Miller STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit : The foregoing instrument was acknowledged before me this 12th day of January, 1994 , by John Miller and Katherine Miller, a/k/a Kathleen Miller, husband and wife. .A‘A iitso-V-21( Notary Public 7 My Commission Expires: August 31, 1994 STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 12th day of January, 1994 , by Sandy John Miller . Notary Publi My Commission Expires: August 31, 1994 4279i YKES.CARNES.SOURDON AHEAN&SHAPIRO.P C ATTORNEYS AT LAW 6 - I i EXHIBIT "A" ALL THAT CERTAIN PIECE OR PARCEL, with the buildings and improvements thereon, located in the City of Virginia Beach (formerly in Kempsville District of the County of Princess Anne) , Virginia, it being a part of plat "B" as shown on the map of survey of L.H. & R.E. Russell ' s Land or Indian River Turnpike, Kempsville Township, Princess Anne County, Virginia, made by Joshua G. Moore, County Surveyor of Princess Anne, February 17, 1919 , and duly of record in the Clerk' s Office of Virginia Beach, Virginia, formerly Princess Anne County, Virginia, in Map Book Number 6, at Page 11, said piece or parcel of land being more particularly described as follows : BEGINNING at a point, in the Southern line of Indian River Road, (formerly Indian River Turnpike) , which point is distant 1/4 mile, more or less, from the Southeast intersection of Indian River Road and Providence Road, and from such point of beginning, running in a Southwesterly direction along the South side of the Indian River Road, a distance of 104 . 52 feet to a pin in the South side of said Indian River Road; thence in a Southerly direction, 116 .39 feet to a pin; thence west (erroneously referred to as EAST in previous deed) , 80 feet to a pin, thence Northwardly, 183 . 63 feet to the point of beginning. GPIN NO. : 1456-52-8456-0000 4280i ES CARNES BOUROON 4ERN t SHAPIRO P C ATTORNEYS AT LAW - 28 - Item III-K.1. UNFINISHED BUSINESS ITEM#37939 The following registered in OPPOSITION: Attorney Bill Bischoff, 1608 Ray Way, Phone: 426-7147, represented Sterling Meadows Farm and presented petitions in OPPOSITION to the closing of Indian River Road for the replacement of Gum Swamp Bridge. Said petitions are hereby made a part of the record. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Pam Beasley, 3508 North Landing Road, Phone: 430-2727, speaking in behalf of her brother, owner of the North Landing Grocery Store. Robert Vaughan, Member of the Farm Bureau Board represented Steve Atkinson and recognized the necessity of the Bridge being built, but expressed OPPOSITION to the eight-month closure of Indian River Road, which serves as the vital east/west link for southern Virginia Beach. Re the Staffs request to approve the detour route for Elbow, Salem and North Landing Roads during construction of Gum Swamp Bridge (CIP 2-122) (PRINCESS ANNE BOROUGH), upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessoms, City Council: DIRECTED STAFF TO FURTHER REVIEW, COME BACK WITH A RECOMMENDATION, WITHIN 90 DAYS, FOR OPTIMUM DESIGN IN THE BEST STANDARDS FOR THE SAFETY OF THE CITIZENS AND FURTHER RECOMMENDATION AS TO STAGING AREAS ON PRIVATE PROPERTY. Voting: 9-2 Council Members Voting Aye: James W Brazier, Jr., Linwood O. Branch, III, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John A. Baum and Robert W. Clyburn April 26, 1994 - 29 - Item III-K2. UNFINISHED BUSINESS ITEM#37940 ADD-ON Councilman Lanteigne distributed alternatives to the Comprehensive Plan re the Southern Rural area, a suggested amendment to Section 405 of the Zoning Ordinance. City Council may attach conditions to the use permit governing the number of residential lots allowed on the tract. In so doing, Council shall consider the degree to which the proposed plan of development furthers the objectives of this ordinance and of the Comprehensive Plan, and shall consider a density including the sum of the following: (a) One lot per two hundred feet of road frontage on each public street within the AG-2 District. (b) One lot per ten acres of land within the AG-1 District meeting the criteria for Type I Soil as set forth in the Comprehensive Plan. (c) One lot per each twenty five acres of land within the AG-1 District meeting the criteria for Type 2 Soil as set forth in the Comprehensive Plan. April 26, 1994 - 30 - Item III-K.3. UNFINISHED BUSINESS ITEM#37941 ADD-ON On April 5, 1994, Councilman Lanteigne distributed a copy of his letter of March 30, 1994, to the Honorable Rebecca Norton Dunlop, Secretary of Natural Resources - Commonwealth of Virginia, re Exceptional Waters designation. Said letter is hereby made a part of the record. Responses had not been received from DEQ relative the specific inquiries. Councilman Lanteigne, in his letter, had advised the Anitdegredation Policy regarding the Exceptional Waters designation and the guidance document promulgated by the DEQ appear to prohibit new or expanded stormwater discharges into existing permanent permitted sources, regardless of effluent quality. Councilman Lanteigne inquired if increased volumes of treated stormwater would be allowed under the Exceptional Waters designation as described in the following scenarios: 1. The City must expand an existing School. Stormwater runoff from the school's current discharge to a perennial stream which flows to West Neck Creek, a nominated tributary to the North Landing River. The expansion of the school will result in an increase of treated stormwater runoff into West Neck Creek though the perennial stream. 2. A race track is proposed on property which adjoins a nominated tributary to the North Landing River. Stormwater runoff from the race track will be conveyed by pipe to the tributary ancl; as such, will increase the volume of treated stormwater into the existing system. 3. In order to avoid closure of the Master Jet Base at Oceana, the Base may have to facilitate expansion of a main runway at Oceana. An additional runway may be added to Fentress Airfield; a federal facility which is an auxiliary landing strip for Oceana. Stormwater runoff from Oceana will be conveyed through an existing pipeline which currently discharges to West Neck Creek Stormwater runoff from Fentress Airfield will be discharged to both the main stem of the North Landing River and the Pocaty River, a nominated tributary, through the existing stormwater conveyance system. The expansion of the runways will result in an increased volume of treated stormwater to both nominated waterbodies. Councilman Lanteigne distributed copies of the letter of April 25, 1994 from Secretary Rebecca Norton Dunlop. Said letter is hereby made a part of the record. Mrs. Dunlop advised accordingly none of the scenarios presented in Councilman Lanteigne'c letter would be allowed if the North Landing River received an "Exceptional Water" designation. Mayor Oberndorf and Council Lady Parker advised this nomination for designation of the North Landing River as Tier III was put on hold by the SAVE organization until all affected parties can be addressed. Councilman Dean advised there has been a communication problem between EPA and DEQ. Councilman Lanteigne requested the City Clerk provide a copy of the aforementioned letters to SAVE and AUDUBON Society expressing his concern and request they remove the North Landing River from the Tier III designation. Mayor Oberndorf requested the letter state the City Council is aware SAVE and the AUDUBON Society have had this nomination on HOLD for a long time. April 26, 1994 I I - 31 - Item III-L.1. NEW BUSINESS ITEM#37942 The following spoke in SUPPORT of the Resolution: Aubrey P. Priddy, Jr., 1408 Waterbury Place, Phone: 471-0911, represented the Community Impact Committee and Virginia Beach City Employees Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 and also spoke for Pem Newman, 425 Burberton Drive, Phone: 422-9920, who was in SUPPORT of the Resolution Wally Erb, 105 Cayuga Road, Phone: 497-7451 Glen A. Spence, 667 Orangewood Drive, Phone: 498-1981 Colin Smith, Post Office Box 65146, Phone: 366-0032 Lillian Youell, 4105 Hermitage Point, Phone: 460-0870 Chris Evans, 5230 Stockton Drive, Phone: 474-2757 Judith P. Connors, 3958 Whispering Oaks Place, Phone: 464-3640 B.H. "Pat" Bridges, Jr., 557 Longleaf Road, Phone: 340-1829, Sandy Sue Baranski, 3108 Glastenbury Drive, Phone: 430-1979 Lisa Leavenworth, 3019 Cape Henry Court, Phone: 481-5423 Reba S. McClanan, 3224 Burnt Mill Road A motion was made by Councilman Moss, seconded by Vice Mayor Sessoms to appoint a TASK FORCE comprised of eleven people representing such organizations as the Daughters of the American Revolution, and the Historical Preservation Society to devise a compromise where the seal could be used in conjunction with the logo, as well as a few of the members who served on the original City Signature Committee. Said motion was WITHDRAWN. Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED, AS REVISED*: Resolution affirming the City Seal shall remain as the sole emblem authorized as a representation of municipal authority for the City. *On Page 2, Lines 33 thru 38 shall be deleted: "BE IT FURTHER RESOLVED: That the City Council hereby directs that the use of the City Signature shall be authorized only: (1) in official settings when used in conjunction with the City Seal, (2) in unofficial settings, and (3) in settings, official or unofficial, where visual settings, and (3) in settings, official or unofficial, where visual identification of the City Seal is difficult due to its detail." *On Page 2, Line 39, the words "..Notwithstanding the foregoing.." shall be deleted. April 26, 1994 I III I i i - 32 - Item III-L.1. NEW BUSINESS ITEM#37942 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None April 26, 1994 REQUESTED BY: MAYOR MEYERA E. OBERNDORF AND COUNCILMEMBER JOHN D. MOSS 1 A RESOLUTION AFFIRMING THE CONTINUED 2 USE OF THE CITY SEAL AS THE OFFICIAL 3 SEAL OF THE CITY, AND AUTHORIZING 4 USE OF THE CITY SIGNATURE IN LIMITED 5 SETTINGS 6 WHEREAS, the City Seal was adopted by ordinance on 7 January 1, 1963 , concurrent with the consolidation of the City of 8 Virginia Beach and Princess Anne County into the consolidated City 9 of Virginia Beach as a city of the first class; 10 WHEREAS, the City Seal, through its distinctive 11 symbolism, artfully displayed, depicts significant events in local 12 history, and geographical features which typify, and serve to 13 identify, the unique characteristics of the City; 14 WHEREAS, the City recently began using a City Signature, 15 consisting of the name of the City in large black letters, set in 16 block type, with a small blue wave crossing the "A" in "BEACH" ; 17 WHEREAS, the City Signature has been designated for use 18 on City stationary, business cards, publications, documents and 19 other items associated with the City in place of the City Seal; 20 WHEREAS, the City's Department of Economic Development 21 has stated that use of the City Signature is necessary to establish 22 a national corporate identity for the City, thereby enhancing the 23 City's efforts to locate new businesses in the City; and 24 WHEREAS, many residents of the City, as well as City 25 officials and employees, have expressed their concern with use of 26 the City Signature in lieu of the City Seal, based on their opinion 27 that the City Seal more accurately depicts the unique heritage of 28 the City. 29 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 That the City Council hereby affirms the continued use of 32 the City Seal as the official Seal of the City. 33 The City Seal shall remain as the sole emblem authorized 34 as a representation of municipal authority. 35 Adopted by the Council of the .City of Virginia Beach, 36 Virginia, on the 26th day of April , 1994 . 37 CA-5564 38 Noncode\Seal.Res 39 R-4 40 April 27, 1994 2 11 — 33 — Item III—L.2. NEW BUSINESS ITEM #37943 ADD—ON Councilman Dean advised this Sunday, May 1, 1994, will be the Twenty—fourth Anniversary of EARTH DAY to be celebrated at Mount Trashmore. The Kickoff will be at 12:00 Noon. It will last until 7:00 P.M. and they are expecting about 25,000 people. April 26, 1994 - 34 - Item III-M.1. ADJOURNMENT ITEM#37944 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 9:00 P.M J:(.17Q,I, 4 , 7G'r Beverly O. Hooks, CMC Chief Deputy City Clerk ades-1717.1 - Ruth Hodges Smith, CMC/AAE Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia April 26, 1994