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AUGUST 25, 1992 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL ,yAyOR MEVERA F OKRNDORF. A.-U@ ViC.E MAYOR MLUAM D. @@ ]K. .L- MiN A mum @. B"' UN@ 0. B@Ti Ill. V.11- @lh J,Wes W. BWIEK )k. Lr,@- @gh kl@T W. CLYBURN. @@* @ ROAE" X @. @- A.. B-.@ LOUIS 11, JONFA Ayk B-0 PAUL 1. LANTWWE. N- B-@ )IAIN D. MOS& Al-@,, .VX@ K. PARKEK Al-@W 211 Cm HAU BUIMI@ JAWLS X @. C-, M@ MUNIOP@ C@ER LESUE L ULLEY. CITY COUNCIL AGENDA WRGINIA @CH. VIRGINIA ),Urit til)DGES SMrrH, CMC i AAL Cit, 1-1 12"JW AUGUST 25,1992 1. TOUR: NON-TIDAL WETLANDS 2:00 PM ii. CITY MANAGER'S BRIEFINGS - Council Chamber - 4:00 PM A. REGIONAL HIGHER EDUCATION CENTER Dr. James Koch, President, Old Dominion University B. ECONOMIC DEVELOPMENT BUSINESS INVESTMENT CAMPAIGN W. Andrew Burke, Director, Economic Development Ill. INFORMAL SESSION - Council Chamber - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Donald Williams First Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICAIION OF EXECUTIVE SESSION F. MINUTES I . INFORMAL & FORMAL SESSIONS - August 11, 1992 G. COUNCIL COMMITTEE REPORT 1. 1986 BOND REFERENDA William A. Schlimgen, Cha7irman H. CONSENT AGENDA Ali 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 ResoluUon ratifying an application made to the Virginia Public School Authority for a loan in an approximate amount of $1,000,000 (Tallwood High School). 2. LOW BIDS: VICO CONSTRUCTION Bonney Road Pump Station $ 208,052.00 CORP. and Force Main, Contract I (CIP 6-043) B. L. JONES, INC. Bonney Road Pump Station $ 203,500.00 and Force Main, Contract 11 (CIP 6-043) 3. Ordinances authorizing tax refunds in the amount of $2,818.18. PUBUC HEARING 1. PLANNING BY COHSEHT a. Application of CUNTON E. CUFFEE, TRUE GOSPEL CHRISTIAN CHURCH, for a Conditional Use @ for a chUrCh on the South side of ProVidence Road, 350 feet more or less East of the intersection with Indian River Road (6059 ProVidence Road), conta7ining 25,000 square feet (KEMPSVILLE BOROUGH). Recommendafion: APPROVAL b. Application of GEORGE L KOVACS, JR. for a Condftffional Use @ for a sinale- in the Agricultural District on the East side of Blackwater Road, 1689 feet more or less South of Pungo Ferry Road, containing 5.52 acres (BLACKWATER BOROUGH). Recommendation: APPROVAL 2. PLANNING - RECONSIDERATION a. RECONSIDERATION OF CONDITION Number 5 in the November 13, 1990 Approved Application of SENTARA UFE CARE CORPORALION for a for a 120-bed nursinci @ and an 80-bed home for the acied on the West side of Spruce Street, 300 feet more or less North of South Boulevard, containing 10.38 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 3. PLANNING a. Application of PARCEL 4-A ASSOCIATES, LP. for a from to - at the Southwest corner of Saber Street and Phoenix Drive, acres (LYNNFTAVEN BOROUGH). Deferred: June 9, 1992 and July 14, 1992 Applicant requests Withdmwal b. Application of FIRSTHEALTH CARE CORPORATION (Modicenter - Virginia Beach) for a for a at the Northeast intersection of First Colonial Road and Camelot Drive (1 148 First Colonial Road), containing 2.65 acres (LYNNHAVEN BOROUGH). Recommendafion: APPROVAL C. Application of CHARLES C. HICKMAN for to the Subd!Vision Ordinance re property on the East side of General Booth Boulevard North of Ferrell Parkway, containing 27.90 acres (PRINCESS ANNE BOROUGH): Section 4.4(b) which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance; AND, Section 4.4(d) which requires all lots created by subdivision to have direct access to a public roadway. Recommendafion: APPROVAL d. Application of JERRY PECORARO for a to Section 4.4(b) of thO Subd!Vision Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning ordinance at 2451 Potters Road, containing 7.05 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL e. plication of SHIPMATES LTD., T/A GRAND RENTAL STANON for a on the Southwest side of of Mansion ross Lane (2413 London s (PRINCESS ANNE BOROUGH). Recommendation: DENIAL J. APPOINTMENTS PUBLIC LIBRARY BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS 1 COUNCIL-SPONSORED ITEMS: a. Request to SCHEDULE RECONSIDERANON OF CONDITIONS in the December 18, 1990, Approved Application of JOSEPH W. BOYD for a Va(iance to Section 4.5 of the Subdivision Ordinance which requires residential developers set aside a percentage of the total land area for recreationavopen space purposes, to serve the residents of the development at the Southeast and Southwest intersections of Baker Road and Aylesbury Drive (BAYSIDE BOROUGH). (Sponsored by Councilman Louis R. Jones) b. Ordinance to AMEND and REORDAIN Section 17-3 of the Code of the City of Virginia Beach, Virginia, re Public Ubrary Board and Its appointments. (Sponsored by Councilman Paul J. Lanteigne) C. Resolution directing the City Manager to resume broadcasting on Cable Television Channel 29 re Board of Zonlng Appeals and Wetlands Board meetings. (Sponsored by Councilman John D. Moss) d. Resolution directing the City Manager to provide City Council with a Biennial Budget and alternatives for programming the FY 1993-1994 Operating Budget. (Sponsored by Councilwoman Nancy K. Parker and Councilman John D. Moss) M. ADJOURNMENT If you are physically disabled, hearing or visually Impaired and need assistance at this meeting, please call DONNA JOHNSTON at 427-4283 VOICE OR TDD by MONDAY 9:00 AM 8/18/92 lbs AGENDA\8-25-92.PLN M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginla Beach. Vlrginla August 25, 1992 Vice Myr WIliam D. Sessoms, Jr. called to order the C,7y MANAGERS BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 25, 1992 at 4.00 P.M. Council Members Present., John A. Baum, Linwood 0. Branck III, J-es W Brazier, Jr., Robert W. Clybur?; Robert K Dean, Louis P, Jones, Paul J. Lanteigne, John D. moss, Nancy K Parker and Vice MaYor William D. Sesso-, Jl*- Council Members Absent., Mayor Meyera E. Oberndorf (ENTEREi). 4.-15 P.M.) Attending Grand Prix Race ]Gckoff 2 G S CITY MANAG ERs BRIEFIN REGIONAL HIGHER EDUCATION CENTER 4:00 P.M. ITEM # 35970 Dr. James Koch, President - Old Dominion University, advised Old Dominion University and NorfoLk State University are requesting the City of Virginia Beach transfer 35 acres of land to the, aforementioned Universities. 7he two universities will develop a comprehensive education center on the site, which is located immediately south of Tidewater Community College on Princess Anne Road 77ie two universities currently lease space in an office building on Virginia Beach Boulevard and use that space to offer a wide variety of undergraduate and graduate coursework ranging from engineering and business to soc@ work and education. In the spring of the 1992 academic semester, Old Dominion University offered 173 district course sections for credit at the site, and NorfoLk State University added another 43. Together, the two universities have enrolled more than 2,000 students at the Ftrginia Beach Boulevard site, which has been open three years and has posted double digit enrohment growth rates every semester. 7he two universities plan to offer a broadened range of coursework on the Princess Anne site, including upper level undergraduate coursework that will enable some students there to complete a bachelor's degree on a "2 + 2 " basis -- Tidewater Community College providing the first two years of instruction and the two universities will continue to offer graduate work that will enable students to complete a broad selection of master's degrees such as the M.B.4, M.S.W., and M.S. in Education. Branch offices of Old Dominion University's Entrepreneurid Center (which assists about 200 small businesses per year) and Technology AppUcations Center (which provides engineering expertise to about 100 businesses per year) will also be located at the Virginia Beach Center. NorfoLk State University intends to establish a branch of its Metropolitan Research Laboratory, which focuses upon -sisting community-based organizations, social service agencies and school districts. 77te institutions will be able to share some physical facilities, such as parking and cafeterias, and some academic facilities, such as laboratories and libraries. A request will be made by the two universities to the 1994 General Assembly for funds to plan and develop the site. A request for an initial general purpose classroom building could be presented to the 1996 Session of the General Assembly. It is believed the site is eventually capable of servicing as many as 6,000 students -- almost triple the number currently served in leased space on Virginia Beach Boulevard. Dr. Richard A. Staneski, Trice President - Administration and Finance - Old Dominion University, distributed information depicting the proposed site location. Yzce President Staneski introduced two proposed schemes: Scheme 'A " and Scheme "B ". Said schematics are hereby made a part of the record. Scheme 'A" is a quadrangle approach, developed by universities Le. Cambridge. 77ie front end of the campus would be developed first as a window to the nwin thoroughfare. 7he buildings are all two-story and would accommodate approximately 230,000 square feet of instructional space. Over 1,000 parking spaces could be provided Scheme "B" is the "cluster approach" and again focuses on the Princess Anne Road Corridor. 7he use of the cluster concept allows the site to be more densely developed. Approximately 400,000 square feet of space and over 1,000 parking spaces could be provided Dr. Staneski advised the Universities would work closely with a Steering Committee composed of repre,sentatives of the University and interested citizens to develop a master site plan for the site. 77tis master site plan would be introduced to the General Assembly for funding. Dr. Harrison Wilson, President - Norfolk State University, concurred with the remarks of Dr. Kgch. 7he proposed plan is a "winlwin " situation for Virginia Beach. A resolution approving the Agreement of Sale and Memorandum of Agreement for a Regional Higher Education Center will be SCHEDULED for the City Council Session of September 1, 1992. August 25, 1992 - 3 - CITY MANAGER'S BRIEFINGS ECONOMIC DEVELOPMENT BUSINESS INVES7MENT C"PAIGN 4.25 PM. ITEM # 35971 W. Andrew Burke, Director - Economic Developmen4 advised a recent newspaper editorial stated the State of California needy approximiely 300,000 new jobs a year to keep up with just its population growtIL However, in just the last twenty-four months, 700,000jobs have been eliminated in the Aerospace Industry. California has experienced a net loss of 500,000 jobs. Many other states are seeing long time jobs disappear on a permanent basis and not totally because of cuts in Defense or a Recession. Business and industry are in a "downswng revolution ". Particular attention must be paid to creating job opportunities for a growing population. 77ie Country is in the midst of a sustained Recessionary Period. 77te competition for new investments and jobs has attained a furious pitch. 77ie City has developed a Departinent of Economic Development Marketing Plan Fiscal year 1992-1993. During the Fiscal Year 1992, the Departinent generated 121 new corporate and industrial prospects. 7'he City locate4 expanded and retained 37 corporate businesses. Over 1,700 newjobs were created with 720 jobs retained, which could have moved to another location. New business investments amount to appr-imately $33-MILLION. 7he Departinent absorbed 461,000 square feet of existing space. Good economic development groups do not dwell on past experience and historical statistics. 77te groups focus on the "long term". Mr. Burke advised the Number One goal is to establish an itnage and identity for Virginia Beach around the world as an outstanding corporate and industrial location and destination. Mr. Burke advised only 33% of the site selection professionals and 10% of the media interviewed thought of Firg@ Beach as a "business location". Palmer Farley, representing Barker, Campbell and Farley, advised an advertising program was developed to address the issue of location. 7he goal was to create positive awareness of the City within those key decision nwkers throughout the United States. 77trough the use of 'per inquiry" television, the City only pays for leady received Mr. Farley advised a testing phase was completed with Arts and Entertainmen4 Lifetime and the Wall Street Journal Report, all within key progranw focused to the decision maker. 77se City was also able to buy some news programming in Metropolitan Washington and New York Mr. Farley advised of endorsements and testimonials received from very successful businesses. 7he following have agreed to be spokespersons for the City: Fred ff%yte President Stihl Incorporated Ben Tomb Vice President CIGNA LdHian Vernon LiUian Vernon Corporation Mr. Farley advised the theme: Vwginia Beach - A City 7hat Knows How to Grow. A thirty and sixty - second tel@ion spot utilizing the testimonials was viewed by City Council. 7hese television spots will be supported by site selection publications. A copy of the magazine ad was distributed to Members of city Council and is hereby made a part of the record. Airport posters will also be derived from this advertisement. August 25, 1992 - 4 - CITY MANAGER'S BRIEFINGS ECONOMIC DEVELOPMENT BUSINESS INVESTMENT C"PAIGN 4.25 PM. ITEM # 35971 (Continued) W. Andrew Burke served as the moderator for a ten minute video emphasizing the positive aspects of Virginia Beach. Mr. Burke advised three major contributions to expandability and profitabifily of corporafions: Available labor and quafity of labor Locationlaccessibility Unique Ufe styk Mr. Farley advised 140 leads have been produced from the program. 7he video featuring Andrew Burke has just been produced and will be utilized to follow- up inquiries received with direct mail and may be used for some outbound direct nwil on a selective prospect list. August 25, 1992 - 5 - ITEM # 35972 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINL4 BFACH COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 25, 1992, at 4.-58 P.M. Voting: 11-0 Council Members Voting Aye: JOhn A. Baum, Linwood 0. Branck III James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, May- Meyera E Oberndorf Nancy K Parker and vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Meinbers Absent.- None August 25, 1992 - 6 - ITEM # 35973 Mayor Meyera E. Obemdorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 21 -344, Code of Virginia, as amended, for the following purposes: 1. PERSOAWFL M-47TERS, Discussion or consideration of or interviews of prospective candidates for employment, assignmen4 appomiment, promotior; perfor?nance, demotior; salaries, disciplining, or resignation of specific public officers appointees, or employees pursuant to Section 21-344 (A) (1). TO - Wit.. Appointments: Chesapeake Bay Preservation Area Board Human Rights Commission Public Library Board 2 LEGAL MA7TERS, Consultation with legal counsel or briefings by staff members, consultants or attorneys pertaining to actual or probable litigation, or other specific legal mauers requesfing the provision of legal advice by counsel pursuant to Section 21 -344(A) (7). TO - Wit.. City ads. Oxford House Upon motion by Vice Mayor Sessoms, seconded by Councibnan Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl4 III James W Brazier, Jr., Robert W. Clyburp; Robert K Dear; Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf, Nancy K Parker and Vice Mayor William D. Sessolm, Jr. Council Members Voting Nay: None Council Members Absent.- None August 25, 1992 - 7 - FORMAL SESSION PYRGINLI BEACH CITY COUNCIL August 25, 1992 6. 00 PM. Mayor Meyera E. Obemdorf called to order the FORMAL SESSION of the 1,7RGINLI BF,4CH CITY COUNCIL in the Council Chamber City Hall Building, on Tuesday, August 25, 1992, at 6.-00 P.M. Council Members Present.- John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr,, Robert W. Clybur?4 Robert K Dea?; 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, Reverend Donald Williams First Baptist Church August 25, 1992 8 e RECOGNI77ON ITEM # 35974 Mayor Oberndorf read into the record a leuer of appreciation to Mr. Hipple with the City Public Works Department Mr. Hipple aided Mrs. Charlotte A. Menley's daughter Amy, who wandered from home and crossed heavy traveled Bonney Road arriving at the 7-11 Store alone. She is two years old and this could have been a tragic situation. Mr. Hipple took time to find her residence and returned her to Mrs. Menley. Said letter is hereby made a part of the record. August 25, 1992 - 9 - AAWOUNCEMENT ITEM # 3597S Mayor Oberndorf recognized the following Boy Scout in attendance to earn his Merit Badge: TROOP 587 Mark Ashley August 25, 1992 10 - CERTIF@TION OF EY-ECUTIVE SESSION ITEM # 35976 UPOn -tion by Vice Mayor Sessom, seconded bY Councibnan Clyburr; City Council CER77FIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION To RECEss Only public business matters lawfully exeinpted from Open Meeting requirements bY virg@ law were discussed in Executive Session to which this certiflcation resolution applies; AND, Ohly such public business mauers as were identifled in the motion convening the Fxecutive Session were heard, discussed or considered by Virginia Beach City Council, Voting.- 11-0 Council Meinbers Voting Aye: JOhn A. Baum, Linwood 0. Branck III James W. Brazier, Jr., Robert W ClYbur?; Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and rice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None August 25, 1992 CERTIFIr-ATION 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 # 35973, Page No. 6, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. R.th Hdges Smith, CMCIAAE City Clerk August 25, 1992 MINUTES ITEM # 35977 Upon motion by Council Lady Parker, seconded by Councibnan Baum, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 11, 1992. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W Clybur?; Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss and Nancy K Parker Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent,- Vice Mayor William D. Sessoiw, Jr. MaYor Obe-dOrf ABSTAINED as she was not in attendance during the City Council Session of August 11, 1992. Mayor Oberndorf was absent due to the death of her father, Louis L Ellenson. August 25, 1992 12 - COUNCIL COMMI7TEE REPORT ITEM # 35978 William A. Schlimgen, Chairman - Bond Referendum Committee, reported on expenditures and obfigadons incurred by the City through June 30, 1992, on Highway and School projects related to the 1986 Referendum, Community Center projects related to the 1987 Referendum, School Projects related to the 1989 Referendum, and the Lake Gaston Water Resource Project approved in the 1988 Referendum. Concerning the 1986 Highway Referendum, the Ferrefl Parkway, Independence Boulevard, Phase II-A, Indian Mver Road, Northampton Boulevard, General Booth Boulevard, and two Lynnhaven Parkway projects are complete. In the Fiscal year 1991-92 Capital Improvement Program approved by City council in December 1991, two new projects were scheduled for funding from the 1986 Highway Referendum Bonds. 77iese additional projects are Centerville Turnpike, Phase IV-A. Due to a surplus of funds after completion of the original referendum projects, the addition of these new projects was possible. Of $40,000,000 authorize4 95.tWv, or $37,998,418, has been contracted Relative the 1987 Recreadon Center Referendum, the Great Neck, Bayside and Bow Creek facilities are open to the public. 77ie Princess Anne Community Center project is 23% complete. Through June 30, 1992, $32,722,547, or 99.601c, of the $32,850,000 total has been contracted Concerning the 1986 School Referendum, negotiations are underway for the Various School Site Acquisidons. Construction is complete on Ocean Lakes, Red Mat Farm, Tamwood and Glenwood Elementaries. Sites for Landstown (formerly Green Run) Elementary and Middle School and Strawbridge (formerly London Bridge) Elementary School have been acquired. Construction is scheduled to begin on the Ocean Lakes High School and Corporate Landing Elementary School projects in January 1993 and July 1993, respectively. Funds totaling $29,839,110, or 92.4,Yo of the $32,310,000 authorize4 have been contracted Relative the 1989 School Referendum, because of the Various School Site Acquisidons, Ocean Lakes High School and Corporate Landing Elementary Schoolprojects also have 1986 School Referendum funifing. Work is complete on the original thirteen elementary school gymnasium additions and an architect has been hired for design of a gymnasium addition at the Old Donation Center for the Gifted and Talented. Work is complete on Strawbridge Elementaly and the Bayside and Keftam High School modernizafions. Construction of the Talfwood High and Landstown Elementary and Middfe School projects is 96% and 83% complete, respectively. Of $68,375,000 authorL,e4 $62,272,103, or 91.1%, has been contracted. Relative the 1988 Lake Gaston Water Resource Project Referendun4 work on this project has been delayed by court injunction requiring the City to await an approval from the Federal Energy Regulatory Commission. However, in December 1991, a federal appeals court ruled construction could begin on the overhead crossings (Contract B]) and the below-ground portion of the pump station (part of Contract DI). Contracts have been awarded for Contracts BI and the authorized portion of DI, with construction to begin on the former in July 1992. Of $200,000,000 authorized, $21,693,188, or 10.801c, has been contracted August 25, 1992 13 - e CONSEAIT AGENDA ITEM # 35979 Upon motion by Vice Mayor Sessotm, seconded by Councibnan Jones, City Council APPROVED IN one motion Items 1,2 and 3 of the CONSEAIT AGENDA Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck Ill, James W. Brazier, Jr., Robert W. Clyburr4 Robert K Dean, Louis R Jones, Paul J Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessotm, Jr. Council Members Voting Nay: None Council Members Absent.- None Concerning ItemIV-H.I., Councibnan MossDISCLOSEDpursuant to Section 21-639.14(G) of the Code of Virginia, his wife was currently employed by the City of Virignia Beach School Board as a teacher earning an annual salary in excess of $10, 000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councibnan Moss @ letter of July 14, 1992, is hereby made apart of the record. August 25, 1992 14 - CONSEA'T AGENDA ITEM # 3S980 UPon -lion by Vzce Mayor Sesso seconded by Counc 1- AD ED i an Jones, City Council OPT ResOlutiOn -t'fY'ng an aPPI'cation made to the Virginia Public School Authority for a 1-n in an approximate amount of $1, 000, 000 (Taflwood High School). Voting: 11-0 Council Members Voting Aye: J n A. Ba , Linwood 0. Brancl4 I Oh um II James W. Brazier, Jr., Robert W. Clybur?4 Robert K Dean, Louis P- iones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and rice Mayor William D. Sessona, Jr. Council Members Voting Nay: None Council Members Absent.- None Concerning Item IV-H.I., Councibnan Moss DISCLOSED pursuant to Section 21 -639.14(G) of the Code of Firg@, his wife was currently employed by the City of Vrignia Beach School Board as a teacher earning an annual salary in excess of $lo, ooo. Councibnan Moss declared he was able to participate in the transaction fairly, obiectively and in the public interest. Councibnan Moss @ letter of July 14, 1992, is hereby made a part of the record, August 25, 1992 At a regular meeting of the City Council of the city of Virginia Beach, Virginia, held on the 25th day of August, 1992, at which the following members were present and absent: PRESENT:John A. Baum Louis R. Jones Linwood 0. Branch, IIT Paul J. Lanteigne James W. Brazier, Jr., John D. Moss Robert W. Clyburn Mayor Meyera E. Oberndorf Robert K. Dean Nancy K. Parker ABSENT: None Vice Mayor William D. Sessoms, Jr. the following resolution was adopted by the following vote: AYES: John A. Baum Louis R. Jones Linwood 0. Branch, III Paul J. Lanteigne James W. Brazier, Jr. John D. Moss Robert W. Clyburn Mayor Meyera E. Oberndorf Robert K. Dean Nancy K. Parker Vice Mayor William D. Sessoms, Jr. ]NAYS: None RESOLUTION RATIFYING AN APPLICATION MADE TO THR VIRGINIA PUBLIC SCHOOL AUTHORITY FOR A LOAN IN AN APPROXIMATE AMOUNT OF $1,ooo,ooo WHEREAS, the Council (the "Council") of the City of Virginia Beach, virginia (the "Cityll), in collaboration with the City School Board, has determined that it is necessary and desirable for the City to undertake capital improvements for its public schools; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The Council ratifies the filing of an application by the City Manager and the School Board of the City to the Virginia Public school Authority for a loan to the City in an approximate amount of $I,ooo,ooo to finance capital projects for public schools. 2. This resolution shall take effect immediately., The undersigned Clerk of the City of Virginia Beach, Virginia, certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the council held on the 25th day of August, 1992, and of the whole APPROVED AS TO LEGAL SUFFICIENCY ATrACHMENT B APPLICAnON TO THE VIRGINIA P C -CHOOL AUTHORITY 1992 INTEREST RATE SUBSIDY PROGRAM 1. Name of County/City: City of Virginia Beach 2. Name and address of Administrator/City Mana.aer: Mr. James K. Spore City Manager City of Virginia Beach Telephone: 427-4242 Municipal Center F-: 427-4135 Virginia Beach, VA 23456 3. Name and address of School Superintendent: Dr. Sidney L. Faucette Superintendent Virginia Beach City Public Schools Telephone: 427-4326 P.O. Box 6038 Fax: 426-5680 Virginia Beach, VA 23456 4. Name of Principal Contact: Sammy Cohen Phone: (804) 427-4382 Fax: (804) 427-4447 MaflingAddress: P.O. Box 6038 - Financial Services Virginia Beach, VA 23456 HandDeliveryAddress: 2512 George Mason Drive - Room 201 Office of Financial Services 5. BondCounsel: Hunton & Williams (&m, individuals, phone & fax) Harry Frazier, III Mary Jo White Telephone: (804) 788-8309 Fax: (804) 788-8218 Note: Due to the requirements of the Finance Act of 1991, localities are required to takeaUactionnecessarytoprocuretheservicesofqualffiedBondCounselprior to the sub@ssion of this application. 6. Data on Project to be Financed (use separate sheets if needed): a. Total Expected Costs: Please See Attached Estimated Project Esdmated Completion cost Date b. Cost By Project/Phase: Please See Attached (separate pa@e may be used) C. Briefly Describe the Project(s) and indicate whether the Project(s) wiU be subject to any Ieases or management contracts: (a sepjuate page may be used)- Tallwood High Sc.hool (Please See Attached) d. Ainount of VPSA Financing Applied for: $ 1, ooo, 000 Note: Tlle VPSA can only purchase local school bonds in $5,000 integrals. If your actual cost is not an integral of $5,000, please revise that amount up or down, (i.e., actual amount $5,03@,600 should be revised to either $5,035,000 or $5,030,000). Due to VPSA issuance constraints, do not request a greater dollar amount than you wiU reasonably expect to be able to spend. e. Literary Fund Loan Applied for: - Date of Approval from Board of Education if Uterary Funds are expected: f. Other Funding Sources: General Obl i cation Bonds 9. Indicate whether any monev has been expended on the Project and the source of such money: $21, 739,787 - General Obligation Bond@/Gpnp 7. )1/2at is the status of plannina., desian and construction for the project? Answer the followina questions for the project: a. Has project received approval from the Department of Education? X yes _ no b. What is the bid date for the project: 10/31/90 c. Estimated Constructiori Start Date: 1/28/91 d. Estimated Construction Completion Date: 7125192 8. Amortization Schedule Preferred: @s than 15 years 15 years 16 years 17 years 18 years 19 years 20 years X Note: Whfle every a'ttempt will be made to satisfy your preferred schedule, there is no,guarantee that your request can be honored. 9. Have your Boards approved the project(s) and authorized this application to VPSA for the needed financing? Approved by School Board es no Approved by County Board/ Council es no NOTE: Please enclose certifled copies of resolutions. Forthcoming 10. Were these bonds or projects the subject of a referendum? @es -no If so, did the referendum pass? @es -no 11. Person(s) responsible for disbursin.@ and investing bond proceeds. John T. Atkinson, City Treasurer 12. WiU bond proceeds from this sale be used to repay a Bond Anticipation Note. @es X no If Yes, please explain: Signa=e required,@, (County nistrator/City M@a@er)- Signature required (Supe@tendent) THIS APPLICATION MUST BE COMPLETED AND RETURNED ALONG WTTH 3 COPIES OF YOUR COMPREHENSIVE ANNUAL FINANCIAL REPORT (C,,kFR) FOR THE LAST THREE FISCAL YEARS (@ 30, 1989 THROUGH JUNE 30,1991) BY 5:00 PM ON AUGUST 7,1992 TO: Gary Ometer, Debt Manaaer Department of the Treasury Commonwealth of Virginia 101 North 14th St., 3rd Floor Richmond, Va. 23219 COMPLETTON AND SUBMISSION OF THIS APPLICAIION DOES NOT GUARANTEE PARTICIPA'NON IN THE 1992 SUBSIDY SALE. HOWEVER, LOCALITTES NOT RETURNTNG TTUS FORM WILL NOT BE TNCLUDED rN THE SUBSRDY SALE. - 15 - Item IV-H.2. CONSENT AGENDA ITEM # 35981 Upon motion by Vice Mayor Sessonw, seconded by Councilinan Jones, City Council ADOPTED: LOW BIDS. YICO CONS7RUCTION CORP. Bonney Road Pump Station $208,052.00 CORP. and Force Main, Contract I (CIP 6-043) B. L. JONES, INC. Bonney Road Pump Station $203,500.00 and Force Main, Contract II (CIP 6-043) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl4 111, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None August 25, 1992 - 16 - Ilem IV-H.3. CONSENT AGENDA ITEM # 35981 Upon motion by Yzce Mayor Sessonts, seconded by Councibnan Jones, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $2,818.18 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 0. Branci4 III, James W. Brazier, Jr., Robert W. Clyburr; Robert K Dean, Louis F- Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessonts, Jr. Council Members Voting Nay: None Council Members Absent. None August 25, 1992 M NO. C.A. 7 8/10/92 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- Da!e Penalty I nt. Total Year of Tax Number tion No. P a id Kings Grant Baptist Church 92 RE(1/2) 62183-8 12/5/91 84.64 Kings Grant Baptist Church 92 RE(2/2) 62183-8 5/21/92 84.64 Gift of Life Church of God 92 RE(2/2) 41209-2 6/5/92 155.06 The Trio c/b Craver Green Co 92 RE(2/2) 116407-2 5/11/92 120.18 First Union Mortgage Corp 89 RE(1/2) 9804-3 12/5/88 38.62 First Union Mortgage Corp 89 RE(2/2) 9804-3 6/5/89 38.62 First Union Mortgage Corp 90 RE(1/2) 9725-6 12/5/90 47.18 First Union Mortgage Corp 90 RE(2/2) 9725-6 6/5/90 47.18 First Union Mortgage Corp 91 RE(1/2) 9817-4 12/5/90 57.09 First Union Mortgage Corp 91 RE(2/2) 9817-4 6/5/91 57.09 Source One Mortgage Services 89 RE(1/2) 107927-7 11/30/88 3.52 Source One Mortgage Services 89 RE(2/2) 107927-7 6/2/89 3.52 Source One Mortgage Services 91 RE(1/2) 100740-3 11/26/90 4.19 Source One Mortgage Services 91 RE(2/2) 100740-3 6/5/91 4.19 Source One Mortgage Services 92 RE(1/2) 101269-1 12/5/91 5.15 Source One Mortgage Services 92 RE(2/2) 101269-1 6/5/92 5.15 Shirley A Buchner 91 RE(1/2) 15093-6 12/5/90 1,186.99 Shirley A Buckner 91 RE(1/2) 15092-7 12/5/90 2.96 Johanna M Kralowetz 89 RE(1/2) 60953-5 6/1/92 116.85 Johanna M Kralowetz 89 RE(2/2) 60953-5 6/1/92 116.85 Johanna M Kralowetz 90 RE(1/2) 61901-3 12/5/89 128.87 Johanna M Kralowetz 90 RE(2/2) 61901-3 5/30/90 128.87 Johanna M Kralowetz 91 RE(1/2) 62905-6 11/8/90 140.16 Johanna M Kralowetz 91 RE(2/2) 62905-6 5/20/91 140.16 Total 2,717.73 This ordinance shall be effective from date of adoption. The abo@l'Ifl!TVt(s@ totaling c to pay ere approved by the Council of the City of Virginia Beach on the-laday of August- 1992 John@, Approved as to form: Ruth Hodges Smith City Clerk Le@. 'Lille@iti-Att 7/27/92 EMC 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 Exon era- D ate Penalty [nt. Total Year of Tax Number tion NO. Pai d Shearson Lehman Mortgage 92 RE(1/2) 53L5 11/19/91 51.23 Fleet R E Funding Corp 92 RE(1/2) 38178-5 11/26/91 8.72 First Union Mortgage Corp 90 RE(1/2) 40832-1 12/1/89 9.85 First Union Mortgage Corp 90 RE(2/2) 40832-1 5/31/90 9.85 First Union Mortgage Corp 91 RE(1/2) 97122-9 11/26/90 10.40 First Union Mortgage Corp 91 RE(2/2) 97122-9 6/5/91 10.40 Total 100.45 This ordinance shall be effective from date of adoption. The above abatement(s) totaling 00.45 were approved by the Council of the City of Virclinia Beach on the 25- day of ugust, 1992 surer Ap ved as to form: Ruth Hodges Smith City Clerk Les - 17 - item iii-L PUBLIC HEARING ITEM # 35982 Mayor Meyera E. Oberndorf DECLAPXD a PUBLIC HEARING on: PLANNLVG BY CONSEAT 1. (a) CLINTON E. CUFFEE, TRUE GOSPEL, CONDITIONAL USE PERMIT CHRISTL4N CHURCH (b) GEORGE L. KOVACS, JR CONDITIONAL USE PERMIT PLANNING - RECONSIDERATION 2. (a) SENTARA LIFE C4RE CORPOP.4TION CONDITIONAL USE PERMIT (Approved 11130190) PLANNING 3. (a) PARCEL 4-A ASSOCL4TE@ LP CONDITIONAL ZONING CLASSIFICATION (b) FIRSTHEALTH CARE CORPORATION CONDITIONAL USE PERMIT (MEDICENTER - VIRGINL4 BEACH) (c) CHARLES C HICKMAV VARLINCES (d) JERRY PECORARO VARL-INCE (e) SHIPMATES LTD, TIA GRAND RENTAL STATION CONDITIONAL USE PERMIT August 25, 1992 - 18 - Item III-LI.a. PLANNIIVG BY CONSEAIT ITEM # 35983 Upon motion by Councibnan Clyburp; seconded by Councibnan Lanteigne, City Council ADOPTED the Ordinance upon application of CLINTON E. CUFFEE, TRUE GOSPEL ChWSTL4N CHURCH for a Conditional Use Permit.- ORDINANCE UPON APPLICATION OF CLINTON E CUFFEF, TRUE GOSPEL CHRISTL4N CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R08921372 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE C17Y OF YIRGINL4 BEACH, VIRGINL4 Ordinance upon application of Clinton E. Cuffee, True Gospel Christian Church for a Conditional Use Permit for a church on the south side of Pravidence Road, 350 feet more or less eayt of the intersection with Indian River Road. Said parcel is located at 6059 Providence Road and contains 25,000 square feet. KEMPSYILLE BOROUGH. 7his Ordinance shall be effective in accordance with Section 107 0) of the Zoning Ordinance. Adopted by the Council of the City of P-irginia Beach, Virginia, on the Twen(Y-W of Aumt, Nineteen Hundred and Nine Two Voting: 11-0 Council Members Voting Aye. John A. Ba@ Linwood 0. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis P- 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 August 25, 1992 - 19 - Item III-Ll,b. PL4AWING BY CONSEAIT ITEM # 35984 Bruce W. Gallup, 315 First Colonial Road, Phone: 428-8132, represented the applicant and requested deletion of the condition requiring a 50-foot vegetated buffer. Upon motion by Councilman Baum, seconded by Councibnan Brazier, City Council ADOPTED an Ordinance upon application of GEORGE L. KOVACS, JR. for a Conditional Use Permit: ORDINANCE UPON APPLICITION OF GEORGE L. KOVACS, JR FOR A CONDITIONAL USE PERMIT FOR A SINGLE F"ILY DWELLING IN THE AGR[CULTURAL DISTRICT R08921373 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE C17Y OF VIRIGNLI BEACH, WRIGNL4 Ordinance upon application of George L. Kovacs Jr., for a Conditional Use Permit for a single family dwelling in the Agricultural District on the east side of Blackwater Road, 1689 feet more or less south of Pungo Ferry Road. Saidparcel contains 5.52 acres. BLACKWATER BOROUGH. 7he following condition shall be deleted.- A 50-foot vegetated buffer adjacent to agricultural use shall be provided 77le following conditions shall be required: 1. A 50-foot vegetated buffer planned in accordance with Section 7 (d) of the Southern Watersheds Management Ordinance shall be required along the shorelines of both parcels A and B. 77ie buffer on parcel A may be variable in width to accommodate the existing storage sheds. 2 Shared access is required between proposed Lots A, B and the residual parcel A twenty. (20) foot cross access easement shall be shown over the entirely of the exiting gravel road to serve as access for this subdivision. No additional curb cuts will be permiffed to this subdivision. 77iis Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance. Adopted by the Council of the City of P-irginia Beack Vzrginia, on the Twenty-OA 12f August Nineteen Hundred and Nine@w August 25, 1992 - 20 - Item III-Ll.b, PLANNING BY CONSENT ITEM # 35985 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Deap; 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 August 25, 1992 - 21 - Item Ill-LI.b. P ING - PECONSIDERATION ITEM # 35985 Warren L. Tisdale, 1800 Nations Bank Center, Norfolk Phone: 628-5556, represented Sentara Life Care Corporation Upon motion by Councibnan Brazier, seconded by Vice Mayor Sessoms, City Council 4PPROYED @nding the scope of operations permiued by Condition No. 5 in the application of SEATARA LIFE C4PE CORPOR,4TION for a Conditional Use Permit for a 120-bed nursing home and an 80-bed home for the aged (ADOPTED 11113190). ORDINANCE UPON APPLICATION OF SENTAP,4 LIFE CARE CORPOR,4TION FOR A CONDITIONAL USE PERMIT FOR A 120- BED NURSING HOME AND AN SO-BED HOME FOR THE AGED R011901345 Ordinance upon application of Sentara Life Care Corporation for a Conditional Use Permit for a 120-bed nursing home and an 80-bed home for the aged on the west side of Spruce Street, 300 feet tnore or less north of South Boulevard. Said parcel contains 10.38 acres. LYNNHAVEN BOROUGH. AM of the previously adopted conditions will remain in effect. 7hese conditions include: 1. Existing trees shall be preserved along the southern, western and northern property lines of the subject site and in open space areas. A tree preservation plan shall be submitted to the Landscape Administrator for approval. 2. Category [V @scaping is required along the southern property line. Existing trees should be utilized to meet this requirement to the maximum extent possible. 3. No access to this site from that portion of South Boulevar4 west of Spruce Street. 4. Spruce Street will not be a through street. Access to Sentara LifeCare Corporation will be via Sentara Way (part of which was formerly Fourth Street) from the eastern boundary of the proposed Sentara Site to Rosemont Road 5. 77ie facility shall have a maxiinum of 120 nursing beds and 50 assisted-living beds. 6 A minimum of 160 parking spaces, as shown on the submitted site plan, are required. 7. An automatic fire alarm system and an autonwtic sprinkler system meeting the approval of the Fire Deparonent, Division of Plans Review and the City Fire Protection Engineer are required. August 25, 1992 - 22 - Item IV-L2a. PLANNING - RECONSIDER,4TION ITEM # 35985 (Continued) In adihdon to the 120 nursing beds and 80 assisted Uving beds, the fo@wing accessory uses will be permitted: Preparation and pick-up of meals for the Meals on "eels progra-. An adult day health care program with up to 20 participants. A senior assessment center with up to eight evaluations conducted per week Voting: 11-0 Council Meinbers Voting Aye: John A. Baum, Linwood 0. Brancb, III James W Brazier, Jr., Robert W Clybur?4 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 August 25, 1992 - 23 - Item IV-L3.a. PLANNING ITEM # 35986 7'he City Clerk referenced leuer dated August 10, 1992, from Attomey Edward S. Stein, requesting ff7THDRAWAL of the application. Said letter is hereby made a part of the record. William Cashman, 5544 Greenwich Road, Phone: 473-2000, represented the application and requested HUHDRAWAL. Upon twtion by Councibnan Brazier, seconded by Council Lady Parker, City Council ALLOWED 97THDk4WAL of an Ordinance upon application of PARCEL 4-A ASSOCL4TES, L.P. for a Conditional Zoning Classification: ORDINANCE UPON APPLIC4TION OF PARCEL 4-A ASSOCLITE@ L.P, A FIRGINL4 LIMITED PAR77VERSHIP FOR A CONDITIONAL ZONING CL,4SSIFICATION FROM 1-1 to B-2 Ordinance upon application of Parcel 4-A Associates, L.P., a Virginia L@ted Partnership for a Conditional Zoning Classification from 1-1 Light Industrial District to B-2 Community Business District on property located at the southwest corner of Saber Street and Phoenix Drive. 77ie proposed zoning classification change to B-2 Community Business District is for commerc@ @ use. 7he Comprehensive Plan recommends use of this parcel for retaillservice. Said parcel contains 11.8021 acres. LYNNIL4VEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Jbhn A. Baum, Linwood 0. Branc.% III James W. Brazier, Jr., Robert W. Clyburn, Robert K Dea?; 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 August 25, 1992 - 24 - Item IV-L3.b, PLANNING ITEM # 35987 Upon motion by Councibnan Brazier, seconded by Councilinan Baum, City Council DEFERRED until the City Council Session of September 8, 1992, the Ordinance upon application of FIRSTHEALTH C4RE CORPORATION (MEDICENTER - "RGINL4 BE,4CH). ORDINANCE UPON APPLICATION OF FIRSTHEALTH CARE CORPOR,4TION (MEDICENTER - VIRGINL4 BF-4CH) FOR A CONDITIONAL USE PERMIT FOR A CONVALESCENTINURSING HOME Ordinance upon application of Firsthealth Care Corporation (Medicenter - Virginia Beach) for a Conditional Use Permit for a convalescentlnursing home at the northeast intersection of First Colonial Road and Camelot Drive. Said parcel is located at 1148 First Colonial Road and contains 265 acres. LYNNIL4VEN BOROUGH. 7'he application was DEFERRED as the applicant was not in attendance. 77te applicant arrived late (at the very end of the City Council Session). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branci4 111, James W Brazier, Jr., Robert W. Clybur?4 Robert K Dea@ Louis P, Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None August 25, 1992 - 25 - Ite,m Ill-L3,c. PLANNING ITEM # 35988 Charles C Hicknan, the applicant, represented his applicant Upon motion by Councibnan Dea?4 seconded by rice Mayor Sessoms, City Council APPROVED applications of C S C. HIC for Variances to the Subdivision Ordinance. Section 4.4(b) requires all lots created by subdivision meet all requirements of the City Zoning Ordinance. Section 4.4(d) requires all lots created by subdivision to have direct access to a public roadway. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Charles C Hiclonan. Propeny is located on the east side of General Booth Boulevard north of Ferrell Parkway. PRINCESS ANNE BOROUGH. 7he following conditions shall be required: 1. 77ie applicant must secure Health Departtnent approval for the installation of on site water and sewer facilities. 2 A note must be placed on the final plat indicating that the ingresslegress to proposed Parcels Two and 7hree is a temporary access and that upon development of either residual tract an alternative permanent access must be developed 3. A no ingresslegress easement must be platted along the entire frontage of this site as it adjoins General Booth Boulevard, except at approved entrances. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood 0. Branci4 III James W. Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Nancy K Parker Council Members Absent.- None August 25, 1992 26 - t PLANNING ITEM # 35989 Jerry Pecoraro, 2451 Pouers Road, the applicant, represented himself 7he following registered in OPPOSITION., William B. Robinson, Jr., 2464 Eastchester Drive, Phone: 498-0228 John R Lomax, 854 Los Colonis Drive Upon motion by Councibnan Brazier, seconded by Councibnan Lanteigne, City Council DENIED the applications ofjERR Y PECORARO for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires 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 Jerry Pecoraro Property is located at 2451 Potters Road. LYNNHAVEN BOROUGH. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl4 Ill, James W. Brazier, Jr., Robert W Clyburr4 Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf and Nancy K Parker Council Members Voting Nay: Vice Mayor William D. Sessoms, Jr. Council Members Absent.- None August 25, 1992 27 - PL,4NN17VG ITEM # 35990 Bruce Doyle, 2413 London Bridge Road, Phone: 427-3900, Vice Presiden4 Shipmates, Ltd. TIA Grand Rental Statioib represented the applicant 77te following registered in OPPOSITION.' Beatriz A. CoBell, 2528 Hunting Horn Way, Phone: 468-6564, represented the SandbridgelCourthouse Coalition. H. L. Gordner, 1928 Weybridge Circle, Phone: 427-6858, represented the CourthouselSandbridge Coalition of Civic Leagues. Upon motion by Councilman Dear4 seconded by Councibnan Brazier, City Council DENIED the Ordinance upon application of SHIPMATES LTD, TIA GRAND REATAL STATION for a Conditional Use Permit, ORDINANCE UPONAPPLIC4TION OFSHIPAL4TESLTD. TIA GRAND RENTAL STATION FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS (TRUCKS) Ordinance upon application of Shipmates Ltd., Tla Grand Rental Station for a Conditional Use Permit for motor vehicle rentals (trucks) on the southwest side of London Bridge Road, 160 feet northwest of Mansion Cross Lane. Said parcel is located at 2413 London Bridge Road and contains 3.369 acres. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branc4 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 August 25, 1992 28 - APPOINTMENTS ITEM # 35990 Upon motion by Councibnan Moss, seconded by Councilntan Bawn, City Council AGREED TO ADD TO THE AGENDA: APPOINTMENTS cHESAPEAKE DAY PRESERVATION ARF,4 BOARD Voting: 11-0 Council Members Voting Aye: john A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W. Clyburr4 Robert K Dea?; Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Yice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None August 25, 1992 29 - AppoINTMENTS ITEM # 35991 Upon NOMINATION by Trice Mayor SessO-, City Council APPOINTED: pUBLic LIBRARY BOARD Amy A&inson (student) I year term 911192 thru 8131192 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancli, III, James W Brazier, Jr., Robert W Clyburm Robert K Deap4 Louis P, 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 August 25, 1992 30 - APPOINTMENTS ITEM # 35992 Irice Mayor Sessonts NOMINATED Harold Heischober to the CHESAPEAKE BAY PRESERVATION AREA BOARD. Council Lady Parker NOMINA7ED Barbara M. Henley to the CRESAPEAKE BAY PRESERVATION AREA BOARD. Council Members Voting for Harold Heischober.- John A. Bawn, Linwood 0. Branck III, James W Brazier, Jr., Robert W Clyburr4 Louis P, Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Voting for Barbara M. Henley: Robert K Dean, John D. Moss, Mayor Meyera E. Oberndoif and Nancy K Parker Upon NOMINATION by Vice Mayor Sessotm, City Council APPOINTED: CHESAPEAKE BAY PRESERVATION ARF,4 BOARD Harold Heischboer Unexpired term thru 12131192 August 25, 1992 31 - t NEW BUSINESS ITEM # 35993 Im ir Se oms, City Council SCHEDULED Upon motion by Counci an Jones, seconded by ice Mayor ss RECONSIDERATION of condition number two in the December 18, 1990 APprOved Application Of JOSEPH W. BOYD for a Variance to Section 4.5 of the Subdivision Ordinance for the City Council Session of September 22, 1992. Application of Joseph W. Boyd for a Variance to Section 4.5 of the Subdivision Ordinance on property located at the southeast and southwest intersections of Baker Road and Aylesbury Drive. BAYSIDE BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dear4 Louis P, Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Yzce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent., None August 25, 1992 - 32 - t b NEW BUSINESS ITEM # 35994 Upon motion by Councibnan Lanteigne, seconded by Vice, MaY- Sesso-, City Council ADOPTED: o,din,nce, to "END and REORDAIN SectiOn 17-3 of the Code of the Cily of Virginia Beac,% ylrginia, - Pubfic Library B-rd and its appointments. Voting: 11-0 Council Members Voting Aye: John A. Bawn, Linwood 0. Branch, Ill, James W. Brazier, Jr., Robert W Clyburn, Robert K Dea?4 Louis P, JOnes, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice May- William D. Sesso-, Jr. Council Members Voting NaY: None Council Members Absent., None 77tis item as MOVED FORWARD on the AGENDA prior to the appointinent of the Public Library Board August 25, 1992 Requested by Councilman Paul J. Lanteigne 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 17-3 OF THE CODE OF THE CITY 3 OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO THE PUBLIC LIBRARY 5 BOARD 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 That Section 17-3 of the Code of the city of virginia 9 Beach, Virginia, is hereby amended and reordained to read as 10 follows: 11 Section 17-3. Public library board. 12 (a) There is hereby created a public library board, 13 which shall consist of not less than seven (7) nor more than eleven 14 (11) members. The members of the board shall be appointed by the 15 council for terms of three (3) years; 16 that the initial appointments shall be made for such lesser terms 17 as will provide staggered expirations thereof, and further ided 18 be.a hiqh school 19 e for one I ear. The board shall select from its membership a 20 chairman and vice-chairman. 21 (b) The public library board shall meet not less 22 frequently than once every quarter (three (3) months) and 23 additionally, at the call of the chairman. The board shall be 24 responsible for making recommendations to the council on all phases 25 of library planning, policy and management. 26 Adopted by the Council of the City of Virginia Beach, 27 Virginia on the 25th day of August 1992. 28 CA-4790 29 \ORDIN\PROPOSED\17-003.PRO 30 R-1 33 - NEW BUSINESS ITEM # 35995 ,h, f,,Illoing spoke in SUPPORT of the ResOlutiOn: Maurice B. Jackson, 1125 DithleY ROad, Phone: 428-1470, represented the Virginia Beach Coun@il of Civic Organizations Rae H. LeSesne, 5325 7hornburg Lane, Phone: 497-8008, represented the Citizens Action C-liti- A MOTION was nade by Councilman Moss, --nded by Council Lady Parker to ADOPT.' Resolution directing the City Manager to resume broadcasting on Cable Television Channel 29 re Board of Zoning Appeals and Wedands Board Meetings. Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Robert W. Clyburr4 Robert K Dea?4 John D. Moss, May- MeYe- E. Oberndorf and Nancy K Parker Council Members Voting Nay: John A. Baum, Linwood a Branck III, James W Brazier, Jr., Louis F- Jones, Paul J. Lanteigne, and Vice Mayor William D. SessO"w, Jr. Council Members Absent.' None August 25, 1992 34 - ,NEW BUSINESS ITEM # 35996 7'h, folloig @ i, SUPPORT of the ResOlutiOn: Harry Luman, Phone: 479-4939, requested the City Council add to the Fy 1993-1994 Operating Budget a downtown Parking garage- Maurice B. Jackson, 1125 Ditchley Road, Phone: 428-1470, rep-ented th, ;rlrginia Beach Council of Civic Organizations Rae H. LeSesne, 5325 77tornburg Lane, Phone: 497-8008, represented the Citiz-s Action Coalition upon motion by Councibnan Moss, seconded by Council Lady Parker, City Council DEFERRED until the City Council Session of September 1, 1992: Resolution directing the City Manager to pravide City Council with a Biennial Budget and alternatives for programming the FY 1993-1994 operating Budget. Voting: 11-0 Council Members Voting Aye: John A. Baum, Lirtwood 0. Branck III, James W Brazier, Jr., Robert W Clybur?; Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K Parker and Trice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- None August 25, 1992 35 - NEW BUSINESS ITEM # 35997 ADD-ON Councilman Brazier distributed: Resolution establishing a Legisladve Committee for the PurP-e Of making recommendations to City Council regarding the City's Legisladve Package. Councibnan Brazier requested the Resolution be scheduled for the City Council Session of September 1, 1992. August 25, 1992 - 37 - Item IV-L.I.g. NEW BUSINESS ITEM # 35999 ADD-ON Councibnan Dean advised the NATIONAL 47LDLIFE FEDERATION on September 5, 1992, will sponsor Catherine Dixon. Mrs. Dixon specializes in Coastd Zone Management and will address the environmental community. Mrs. Dixon has addressed congress relative Federal Flood Insurance. August 25, 1992 - 38 item rv-mi. ADJOU,RNMEA7 ITEM # 36000 Upon motion by Councibnan Baum and BY CONCENSUS; City Council ADJOUP.NED at 8. 00 P.M. ---------- B--lyaHooks, cmc Chief Deputy City Ckrk ---- -- ----- @th Hodgw &niti; CMCIAAE M y@a O@@d5 City Clerk Mayor City of ;Iirginia Be4ch Yirg@ Augwt 25, 1992