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APRIL 30, 1990 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL -YO@ EY@- E -M--, .1 ,ICE -YOR @OWRI E. FENI@@. lgl@i. l@ERI -RO- HEI@.OB@@, A@ JOHI K-,ill, N-'Y K " @@@ JO.N I 'E@RY, @-i@ --@' @IIU- @. SE.OM@, ]@,, Al l-, HIII .111-IIG .111-1 I.-@ IUB-1 v -M, j@ Cill CITY COUNCIL AGENDA 'IRGIII, @Ell., IIRGIII. R- fl-ES -IH, APRIL 30, 1990 ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room - 10:30 AM A. MEDICAL COLLEGE OF HAMPTON ROADS ITEM 11. CITY MANAGER'S BRIEFING - Conference Room - 10:45 AM A. LABOR DAY COMMUNITY COORDINATION COMMITTEE Andrew S. Fine, Co-Chair Dr. Harrison B. Wilson, Co-Chair ITEM 111. CITY COUNCIL WORKSHOP - Conference Room - 11:00 AM A. FY 1990-1991 OPERATING BUDGET ITEM IV. CITY COUNCIL CONCERNS - Conference Room - 12:45 PM ITEM V. L U N C H - Conference Room - 1:00 PM ITEM Vi. INFORMAL SESSION - Conference Room - 1:15 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEM VII. FORMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: The Reverend David Laugley Virginla Beach Free Will Baptist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. PUBLIC HEARING FY 1990-91 OPERATING BUDGET - April 19, 1990 2. INFORMAL & FORMAL SESSIONS - April 23, 1990 F. PUBLIC HEARING: 1. PLANNING a. Application ot WILLIAM K. and BEM L. WIDGEON for a Conditional Use Permit for a plant nursery on the North side of Holland Road, WesTo-f Prlnc ss@Anne Road (2728 Holland Road), containing 3.149 acres (PRINCESS ANNE BOROUGH). DEFERRED: March 26, 1990 Recommendation: APPROVAL b. Application of WILLIAM H. and LINDA M. HENRY for a Variance to Section 4.4(b) of the Subdivision ordinance which r qu res ail lots created by subdivision meet all requirements of the City Zonlng Ordinance (4021 Sherwood Lane) (BAYSIDE BOROUGH). Recommendation: APPROVAL c. Application of IKE and DON for a Conditional Use Permit for a car ube and qas s lth a @or feet East of Vista Circle, containing 32,267 square feet (LYNNHAVEN BOROUGH). Recommendation: WITHDRAWAL d. Application of NICKLAUS and LINDA S. WOODS for a Conditional Use Permit for a car wash on the North slde of Pot mac Street, 75 feet East of Eavender Lane on Lots 14, 27, 28, 29 and 30, Block 36, Euclid Place, containing 15,638 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL e. App] icatlon of JOHN G. and MARY M. WILLIAMS for a e Of Zonln2 Doi;trict Classification from R-10 Residential District to 0 1 fce Distric-r aT Tt)e Sou hwest corner of Diamon(i Springs Road an qesleyan Drive, containing 1.04 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL f. Petition of FERRELL PARKWAY ASSOCIATES, INC. and THE BROWN FARM ASSOCIATES for the dlscontlnuance. closure and abandonment of a portion of Strawbridqe Road beg estern boundary of General Booth-Bou@evard and running in a Northwesterly direction a distance of 364 feet more or less (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL g. Applicatlon of ROBERT M. STEIN, EDWARD S. STEIN, ARTHUR H. STEIN and BARBARA S. FISCHER for a Conditional Zoning Classification from 1-1 Llght Industrial 51strict to B-2 C mmunity Business Di@trict at th. Northwest Intersection ot Phoenix Drive and Sabre Roaa, containing 26.6 acres (Parcel A containing 16 acres; Parcels B and C contalning 10.6 acres) (LYNNHAVEN BOROUGH). Recommendation: APPROVAL OF PARCEL A ONLY SUBJECT TO PROFFERS SUBMITTED h. Petition of ESTATE OF AMELIA G. McLEAN for the discontinuance, closure and abandonment of an aliey located 160 f-eet West of Atiantlc Aven uo' eg nning at the Southern boundary of Lockheed Aven . ,,d runnlng Southerly between Parcels D5 and D6, Croatan Beach, containing 750 square feet, and being 15 feet In width (LYNNHAVEN BOROUGH). Recommendation: DENIAL i. Applications of ANDRE EVANS, WILLIAM R. WOOD, MICHAEL E. WOOD and ROGER W. GRAY for Conditional Zoning Classifications (LYNNHAVEN BOROUGH): A-12 Apartment District to 0-1 Office District on the South side of Americus Avenue, 216 teet West of North BirdnecK Roaa, containing 38,441.7 square feet; AND, A-12 Apartment District to B-2 Community Business District at the Southwest corner ot Amerl us Avenue and North Birdneck Road, containing 1.15 acres. Recommendation: DENIAL G. 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. Ordinances, upon SECOND READINGS, to APPROPRIATE to the FY 1989- 1990 Budget of the Virginia Beach Library Department: a. $13,548 from the U.S. Department of Education re purchase of computer software for the Alphabet Literacy System at the Adult Learning Center; and, b. $4,000 from the Office of State Adult Literacy re literacy training. 2. Ordinance authorizing license refunds in the amount of $5,108.81. 3. Ordinance authorizing special tax refund in the amount of $95B.24. H. UNFINISHED BUSINESS 1. NEW BUSINESS J. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED MAY 29, 1990 6:00 PM (Planning Items) RESCHEDULE OF MAY 28, 1990 "MEMORIAL DAY" HOLIDAY (All other Sessions will be In accordance with the City Code) FY 1990-1991 OPERATING BUDGET MAY 2, 1990 4:00 PM - 6:00 PM COUNCIL RECONCILIATION WORKSHOP FY 1990-1991 OPERATING BUDGET Council Conference Room MAY 7, 1990 2:00 PM PUBLIC HEARING AND FIRST READING APPROPRIATION ORDINANCE FY 1990-1991 OPERATING BUDGET (Formal City Council Session) MAY 14, 1990 2:00 PM SECOND READING AND ADOPTION BY CITY COUNCIL FY 1990-1991 OPERATING BUDGET (Formal City Council Session) 4/26/90 cmd M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 30, 1990 The COUNCIL CONFERENCE SESSION relative the BRIEFING of the MEDICAL COLLEGE OF HAMPTON ROADS was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, April 30, 1990, at 10:30 P.M. Council Members PresenE: Albert W. Balko, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent; John A. Baum (ENTERED: 11:00 A.M.) Vice Mayor Robert E. Fentress (ENTERED: 10:48 A.M.) John L. Perry (ABSENT due to wife's illness) William D. Sessoms, Jr. (ENTERED: 11:58 A.M.) - 2 - MEDICAL COLLECE OF HAMPTON ROADS 10:30 P.M. ITEM # 32722 Dr. Edward E. Brickell, President - Medical College of Hampton Roads, advised Charles Fletcher, Chairman of the Board of Commissioners, was in Florida and Nancy A. Creech, Member of the Board, was in Washington, D.C. and unable to attend. Wendell White, Member of the Board of Commissioners appointed by the Foundation and Secretary-Treasurer of the Medical College of Hampton Roads, was in attendance. Dr. Brickell further advised from 1973-1989, 172 Virginia Beach residents received their Medical Degrees at the Medical College of Hampton Roads. Approximately 800 physicians contribute to the teaching at the Medical College of Hampton Roads. Of these 800 area physicians, 363 are Virginia Beach residents. The Medical College is affiliated with many local hospitals in procurring training. The Eastern Virginia Graduate School of Medicine has residents active in the field of Emergency Medicine and in radiation oncology. Sentara Health Systems has signed a "letter of intent" to purchase Humana Bayside. The Medical College has spoken with Sentara officials regarding establishing residency programs at Humana Bayside. A Continuing Medical Education (CME) program is sponsored by the Medical College of Hampton Roads. Last year 3,000 physicians, nurses and other health professionals attended some of the programs. Two hundred twenty-one (221) participants came from Virginia Beach. Over 120,000 Hampton Roads residents, of which 23,997 were Virginia Beach residents, received specialized care from physicians who are full-time faculty at Eastern Virginia Medical College. The Center for Communication Disorders is a new approach to treating stammers and stutters. A nineteen day treatment is involved. This program is under the auspices of Dr. Barrett and his accomplishments have been truly remarkable. Many of these cases have been treated as physical impairments rather than psychological. The Traiima Center operates under the direction of Dr. L. D. Britt. The Diabetes Institute is in the middle of a fund raising campaign and will probably be the most prominent Diabetes Center east of the Mississippi. CONRAD is performing contraceptive research and has received a $28-MILLION grant from the Federal government. This is the largest grant ever to an institution for contraceptive research and development. The Jones Institute is currently under a fund raising campaign to build another Institute. There are a number of Virginia Beach residents who have been treated successfully and been able to give birth. The Sleep Disorders Program is continuing to grow. The Medical College of Hampton Roads has approximately 1500 full-time employees with 504 residing in Virginia Beach. These 504 employees comprise a payroll of $15 1/2-MTLLION. Virginia Beach supports the Medical College with a contribution of $430,000. Dr. Brickell advised the Medical College of Hampton Roads is not a state supported institution, but is called a "state assisted" institution; however, the General Assembly provides approximately $10-MILLION a year. The College receives approximately $4-MILLION a year in indigent care funds which feeds through the Medical School and is dispensed to the seven major teaching hospitals. The College has split this first on a 50/50 ba8is with the hospitals and then a 55/45 with the College receiving the major share and last year there was a 70/30 split. Mayor Oberndorf expressed appreciation to Dr. Brickell for his presentation and the great work the College is rendering this area. - 3 - LABOR DAY COMMUNITY COORDINATION COMMITTEE ITEM # 32723 This BRIEFING wi I I be RESCHEDULED as Mr. Andrew Fine, Co-Chair - LABOR DAY COMMUNITY COORDINATION COMMITTFE, was out of the City and Dr. Harri5on Wilson, Co-Chair - LABOR DAY COMMUNITY COORDINATION COMMITTEE, had a Meeting with the Universityts Board of Trustees. SUBCOMMITTEE MEETING SCHEDULE Logistics April 30, 1990 5:00 P.M. Social Services Building Conference Room #2 Security April 30, 1990 5:30 P.M. Social Services Building Conference Room #1 Community April 30, 1990 5:30 P.M. Sc>cial Services Participation Buildlng Conference Room 11 and 2 Public Information May 2, 1990 7:15 P.M. PARK INN INTNIL 5th and Atlantic May 15, 1990 7:15 P.M. PARK INN INTNIL 5th and Atlantic May 29, 1990 7:15 P.M. PARK INN INTNIL 5th and Atlantic Private Sector May 1, 1990 12:00 NOON FINE, FINE, LEGUM & FINE Commerce Bank Building 5100 Cleveland St. OTHER SCHEDULED MEETINGS: May 9, 1990 - 7:00 P.M. Cormnunity Coordination Committee Presentation to Council of Civic Leagues, Council Chambers. May 10, 1990 - 2:00 P.M. - Full Committee Meeting - Church of the Ascension, Communlty Center, 4853 Princess Anne Road. - 4 - FY 1990 - 1991 OPERATING BUDGET WORKSHOP ITEM # 32724 E. Dean Block, Assistant City Manager for Analysis and Evaluation, reviewed the FY 1990-1991 OPERATING BUDGET and responded to City Council Inquiries commencing with General Services, Boards and Commissions, Non-Departmental City Grants, Fire, Public Utilities, Data Processing, Permits and Inspections, Mental Health and Retardation, Emergency Medical Services, Virginta Marine Science Museum, Research and Strategic Analysis, Budget and Evaluation, Resort Programs, Environmental Management, Development Services Center, Convention and Vlsltor Development, Housing and Neighborhood Preservation and Intergovernmental Relations. - 5 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 32725 Mayor Oberndorf referenced on Sunday night's news, April 29, 1990, there was indication of a move for a Public Referendum. Mayor Oberndorf requested the City Attorney give City Council a copy of the City Charter relative the premise of referendums. Not knowing specifically the question, Mayor Oberndorf requested a legal definition concerning whether it would be discriminatory and in violation of the Constitution. The City Attorney advised it would depend upon the question as to whether it was a Constltutional Issue. There Is equal protection under the law. The City Attorney referenced Section 3.09 Advisory Referendum of the Virginia Beach Code and advised this would be the appropriate section relative the fi I lng by citizens of a referendum. - 6 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32726 Councilman Moss referenced a call from two residents concerning a new sealant utilized on the cracks in the streets. Apparently when this sealant gets warm, it does not stay on the streets but rubs off on an individual's shoes thus causing expensive carpet repair bills. The City Manager will investigate and advise. ITEM # 32727 Councilman Baum again referenced the Southeastern Planning District Commission report relative WETLANDS. The Environmental Protection Agency needs to clarify their policy. The City Manager advised, after the City Council Session of May 14, 1990, a WORKSHOP could be SCHEDULED by the Southeastern Virginia Planning District Commission. A video relative the impacts of this policy is being developed and should be ready shortly. Councilman Baum referenced the Bus Tour of the WETLANDS associated with the Energy, Environment and Natural Resources Subcommittee of the National League of Cities meeting in Virginia Beach on June 7, 8 and 9. This Bus Tour is being planned by Louis Cullipher, Director of Agriculture. ITEM # 32728 Vice Mayor Fentress advised of his visit to Ocean City over the weekend. Ocean City could be one of the prime reasons for the development of the Chesapeake Bay Preservation Act. Ocean City is an example of incorrect handling of Wetlands. ITEM # 32729 Vice Mayor Fentress referenced conce,ns of the citizens relative the educational system expressed during the PUBLIC HEARING OF THE FY 1990-91 OPERATING BUDGET of April 19, 1990. - 7 - ITEM # 32730 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf In the Conference Room, City HAII E3uII d Ing, on Monday, April 30, 1990, at 12:37 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, and William D. Sessoms, Jr. Council Members Absent: Barbara M. Henley and John L. Perry - 8 - ITEM # 32731 Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. LEGAL MATTERS: Consultation with legal counsel or brief ings by staff members, consultants or attorneys, pertaining to actual or probable I itigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or probable I itigation or other specif ic legal matters are the fol lowing: (1) Dwight Cowell v. City of Virginia Beach, et al. Upon motion by Counci lman Moss, seconded by Counc! lman Balko, City Counci I voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Barbara M. Henley and John L. Perry - 9 - VIRGINIA BEACH CITY COUNCIL April 30, 1990 2:00 P.M. Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bul Iding, on Monday, April 30, 1990, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: John L. Perry (ABSENT due to wife's illness) INVOCATION: The Reverend David Langley Virginia Beach Free Will Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 10 - Item VII-D.I. CERTIFICATION OF EXECUTIVE SESSION ITEM # 32732 Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City Council ADOPTED: CERTIFICATION OF EXECUTIVE SESSION 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 motions convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Barbara M. Henley Council Members Absent: John L. Perry Councilwoman Henley ABSTAINED as she was ASSENT during the EXECUTIVE SESSION. CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHERF,AS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHERF,AS: 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. MOTION; Upon motion by Councilman Moss, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. 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 provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or probable litigation or other specific legal matters are the following: (1) Dwight Cowell v. City of Virginia Beach, et al. VOTE: 9-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert None E. Fentress, Harold Heischober', Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members ABSTAINING: Council Members ABSENT for the Vote: None Barbara M. Henley and John L. Perry Council Members ABSENT for the Meeting: Barbara M. Henley and John L. Perry @uth Hodges-Smith, CMC/AAE City Clerk Item VII-E.l. MINUTES ITEM 32733 Upon motion by Councilwoman McClanan, seconded by Vice Mayor FentreS5, CitY Council APPROVED the Minutes of the PUBLIC HEARING OF THE FY 1990-91 OPERATING BUDGET of April 19, 1990. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: John A. Baum Council Members Absent: John L. Perry Councilman Baum ABSTAINED as he was not in attendance during the PUBLIC HEARING OF THE FY 1990-91 OPERATING BUDGET on April 19, 1990. - 12 - Item VII-E.2. MINUTES ITEM # 32734 Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City Council APPROVED, AS AMENDED, the Minutes of the INFORMAL AND FORMAL SESSIONS of April 23, 1990: ITEM # 32709, page 24 and 25 ORDINANCE UPON APPLICATION OF AQUA SPORTS, INC. FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL FACILITIES OF AN OUTDOOR NATURE R0686849 Condition Number 8: 1. APPROVED request to keep mechanical rides and other activities open daily (seven days a week) from 10:00 AM until 12:00 Midnight. 2. APPROVED miniature golf, pizza restaurant and activities from Shipwreck Golf Course to Birdneck Road may be open from 10:00 A.M. until 2:00 AM, dai:ly (sek'en days a iieel@)y Friday and Saturdav onlv. Condition Number 10: 4. Trees shall be preserved on the development site where possible. A tree protection and planting plan shall be submitted to the City Arborist and Director of the Vi of Marine Sci@ence for review before any clearing or development activity takes place. The plan shall include a pre- and post-development tree inventory. This condition shall apply to all future development. 6. All other conditions shall remain the same. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry - 13 - Item VII-E.3. PRESENTATIONS ITEM # 32735 Attorney Jack Drescher, President ot the Bar Association, advised May First was LAW DAY. The legal profession for the past two hundred years has celebrated the admlnistration of justice on LAW DAY. Every year the Virginia Beach Bar Association seeks to identify individuals who have best assisted in the promotion of justice for the prior year. For the decision of City Council to create and allow the Judicial Center to be built, the Bar Association and the Judiclary has determined this City Council of the City of Virginia Beach should be the recipient of the LIBERTY BELL AWARD for 1990. The Honorable Kenneth N. Whitehurst, Chief Judge of the Circuit Court and Director of the Bar Association, and Attorney Frederick Lowe, Secretary to the Bar Association, were also In attendance. - 14 - Item VII-F.l. PUBLIC HEARING PLANNING ITEM # 32736 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) WILLIAM K. AND BETTY L. WIDGEON CONDITIONAL USE PERMIT (b) WILLIAM H. AND LINDA M. HENRY VARIANCE (c) IKE AND DON CONDITIONAL USE PERMIT (d) NICKLAUS AND LINDS S. WOODS CONDITIONAL USE PERMIT (e) JOHN G. AND MARY M. WILLIAMS CONDITIONAL USE PERMIT (f) FERRELL PARKWAY ASSOCIATES, INC. STREET CLOSURE and THE BROWN FARM ASSOCIATES (g) ROBERT M. STEIN, EDWARD S. STEIN, CONDITIONAL ZONING ARTHUR H. STEIN and BARBARA S. FISCHER CLASSIFICATION (h) ESTATE OF AMELIA G. McLEAN STREET CLOSURE (i) ANDRE EVANS, WILLIAM R. WOOD CONDITIONAL ZONING MICHAEL E. WOOD and ROGER W. GRAY CLASSIFICATION 1 5 item VII-F.l.a. PUBLIC HEARING PLANNING ITEM # 32737 William K. Widgeon, 2728 Holland, the applicant, represented himselt Upon motion by Counci lwoman McClanan, seconded by Counc! lman Sessoms, City Counci I ADOPTED an Ordinance upon application of WILLIAM K. AND BETTY L. WIDGEON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WILLIAM K. AND BETTY L. WIDGEON FOR A CONDITIONAL USE PERMIT FOR A PLANT NURSERY R04901298 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINLA BEACH, VIRGINIA Ordinance upon appl ication of Wi I I iam K. and Betty L. Widgeon for a Conditional Use Permit for a plant nursery on the north side ot Holland Road, west of Princess Anne Road. Said parcel Is located at 2728 Holland Road and contains 3.149 acres. More detailed information Is avallable in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. In accordance with the City's Master Street and Highway Plan, a right-of-way reservation wi I I be required along Holland Road to provide for an ultimate 4-lane divided highway. An approximate 11-foot reservation will be required. 2. All planting, greenhouses and commercial activity will be on the property back of the power lines. 3. There shall be no more that fifty percent (50%) retail sales. Should the applicant desire to change this condition, the applicant MUST return to City Council for Reconsideration. 4. Approval is for a period of two (2) years. This Ordinance shall be effective In accordance with Section 107 (f) of the Zonlng Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirtieth of Aprll, Nineteen Hundred and Ninety. - 16 - Item VII-F.I.a. PUBLIC HEARING PLANNING ITEM # 32737 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Wlillam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry - 17 - Item VII-F.I.b. PUBLIC HEARING PLANNING ITEM # 32738 Gerard Brunick, land surveyor, represented the applicant and advised William H and Linda M. Henry wish to subdivide their two existing lots into three lots. Upon motion by Counc! Iman Sessoms, seconded by Counci Iman Heischober, City Council APPROVED the appl ication of WILLIAM H. AND LINDA M. HENRY for a Variance to Section 4.4(b) of the Subdivislon Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance. Appeal from Decisions of Administrative Offices in regard to certain elements ot the Subdivision Ordinance, Subdivision tor Wi I I lam H. and Linda M. Henry. Said property is located at 4021 Sherwood Lane. Plats with more detailed information are aval lable in the Department of Planning. BAYSIDE BOROUGH. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss and John L. Perry - 18 - Item VII-F.I.c. PUBLIC HEARING PLANNING ITEM # 32739 Upon motion by Councilman Balko, seconded by Councilwoman Parker, City Council ALLOWED WITHDRAWAL of an Ordinance upon appl ication of IKE AND DON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF IKE AND DON FOR A CONDITIONAL USE PERMIT FOR A CAR WASH, JIFFY LUBE AND GAS STATION IN CONJUNCTION WITH A CONVENIENCE STORE Ordinance upon appl ication of I ke and Don for a Conditional Use Permit for a car wash, jiffy lube and gas station In conjunction with a convenience store on certain property located on the south side of Shore Drive, 98.75 feet east of Vista Circle. Said parcel contains 32,267 square feet. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sesscms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss and John L. Perry - 19 - Item VII-F.l.d. PUBLIC HEARING PLANNING ITEM # 32740 Attorney Richard K. Stel 1, 219 66th Street, Phone: 428-5824, represented the applicant. Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of NICKLAUS AND LINDA S. WOODS for a Conditional Use Permit for a car wash: ORDINANCE UPON APPLICATION OF NICKLAUS AND LINDA S. WOODS FOR A CONDITIONAL USE PERMIT FOR A CAR WASH R04901299 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Nicklaus and Linda S. Woods for a Conditional Use Permit for a car wash on the north side of Potomac Street, 75 feet east of Lavender Lane on Lots 14, 27, 28, 29 and 30, Block 36, Euclid Place. Said parcel contains 15,638 square feet. BAYSIDE BOROUGH. The following condition shall be required: 1. Approval from the Board of Zoning Appeals for parking as shown on the site plan is required. This 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 Thirtieth of April, Nineteen Hundred and Ninety. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John D. Moss and John L. Perry - 20 - Item VII-F.l.e. PUBLIC HEARING PLANNING ITEM # 32741 Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant Claude Harrison, Assistant Vice President - Central Fidelity Bank Clell Smith, Marketing Executive - Reid Commercial Properties Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of JOHN G. AND MARY M. WILLIAMS for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF JOHN G. AND MARY M. WILLIAMS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 TO 0-1 Z04901281 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of John G. and Mary M. Williams for a Change of Zoning District Classification from R-10 Residential District to 0-1 Office District on certain property located at the southwest corner of Diamond Springs Road and Wesleyan Drive. Said parcel contains 1.04 acres. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH The following condition shall be required: 1. There shall be access by ingress/egress to the remainder of the property that is contiguous to the applicant's property. This ingress/egress shall be incorporated within the Deed Restrictions to be recorded with the Clerk of Circuit Court. The access on Diamond Springs Road shall be designed for sharing by Central Fidelity Bank and whatever use shall be designated on the remainder of the property. Traffic entering@the adjacent property, when developed, will not have to go out onto Wesleyan Drive or Diamond Springs Road. This 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 Thirtieth of April, Nineteen Hundred and Ninety. - 21 - Item VII-F.I.e. PUBLIC HEARING PLANNING ITEM # 32741 (Continued) Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: John L. Perry Councilman Sessoms ABSTAINED as this application is associated with his employer, Central Fidelity Bank. - 22 - Item VII-F.l.f. PUBLIC HEARING PLANNING ITEM # 32708 Attorney Grover Wright represented the applicant Charles Cox, 2513 Strawbridge Road, Phone: 427-2345, registered in OPPOSITION Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City Council APPROVED the Petition of FERRELL PARKWAY ASSOCIATES, INC. and THE BROWN FARM ASSOCIATES for the discontinua c nn!t clo@soure a d abandonment of a portion of Strawbridge Road, subject to complia of "dit@, ons by November 12, 1990. Ordinance upon application of Ferrell Parkway Associates, Inc., and the Brown Farm Associates for the discontinuance, closure and abandonment of a portion of Strawbridge Road beginning at the western boundary of General Booth Boulevard and running In a northwesterly direction a distance of 364 feet more or less. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. The applicant is required to dedicate and improve a cul-de-sac at the new terminus of Strawbridge Road. 2. The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Office. The value of the area dedicated for the required cul-de-sac may be deducted from the purchase price. 3. The applicant is required to resubdivide the property and vacate Internal lot lines to incorporate the closed area into adjoining parcels, as well as to ensure that all lots have access to a public street. 4. Virginia Power has both overhead and underground facilities within the portion of Strawbridge Road proposed for closure. The applicant must provide Virginia Power with appropriate easements. Evidence that easements have been provided to the satisfaction of Virginia Power must be submitted to the Planning Department by the applicant. 5. Virginia Natural Gas has a major gas line located in the right-of-way proposed for closure. The applicant must provide Virginia Natural Gas with an appropriate easement. Evidence that an easement has been provided to the satisfaction of Virginia Natural Gas must be submitted to the Planning Department by the applicant. - 23 - Item VII-F.l.f. PUBLIC HEARING PLANNING ITEM # 32708 6. Autility easement, satisfactory to Public Uti I iti es, is required over the water I Ine located In the right-of-way proposed for closure. 7. The applicant shall submit a revised ordinance closing the right-of-way to the City Attorney's Office. The redraft shall include a Itsave and except" clause for the utility easement to the City of Virginia Beach required by condition #6. 8. A five-foot, no-ingress/egress easement currently runs along the Northeast side of Strawbridge Road. This five-foot, no-ingress/egress easement shall be continued from the proposed terminus of Strawbridge Road, around the proposed cul-de-sac and end at the pin dividing Parcel A from Parcel B. In addition, a five-foot, no-ingress/egress easement must be platted along General Booth Boulevard in the portion of Strawbridge Road proposed for closure. 9. The applicant has agreed to install landscaping around the proposed cul-de-sac In keeping with the landscaping existing along the Northeastern side of Strawbridge Road. 10. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days (November 12, 1990) of the approval of City Council. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry - 24 - Item PUBLIC HEARING PLANNING ITEM # 32743 Attorney Eric A. Hauser, 900 One Columbus Center, Phone: 473-5358. The City Clerk referenced the attorney's letter of April 2, 1990, requesting DEFERRAL which is hereby made a part of the record Upon motion by Councilman Balko, seconded by Councilman Heischober, City Council DEFERRED until the City Council Meeting of May 14, 1990, an Ordinance upon application of ROBERT M. STEIN, EDWARD S. STEIN, ARTHUR H. STEIN and BARBARA S. FISCHER for a Conditional Zoning Classification: ORDINANCE UPON APPLICATION OF ROBERT M. STEIN, EDWARD S. STEIN, ARTHUR H. STEIN AND BARBARA S. FISCHER FOR A CONDITIONAL ZONING CLASSIFICATION FROM I-I TO B-2 Ordinance upon application of Robert M. Stein, Edward S. Stein, Arthur H. Stein and Barbara S. Fischer for a Conditional Zoning Classification from I-I Light Industrial District to B-2 Community Business District on certain property located at the northwest intersection of Phoenix Drive and Sabre Road. The parcel contains 26.63 acres. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry This item was MOVED FORWARD to the beginning of the PLANNING AGENDA. - 25 - Item VII-F.I.h. PUBLIC HEARING PLANNING ITEM # 32744 Attorney Thomas C. Broyles, 1104 Laskin Road, Phone: 491-4002, represnted the applicant Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council APPROVED the Petition of the ESTATE OF AMELIA G. McLEAN for the discontinuance, closure and abandonment of an alley located 100 feet west of Atlantic Avenue, subject to compliance of conditions by November 12, 1990. Application of the Estate of Amelia C. McLean for the discontinuance, closure and abandonment of the following alley: Located 100 feet west of Atlantic Avenue beginning at the southern boundary of Lockheed Avenue and running southerly between Parcels D5 and D6. Said parcel is 15 feet in width. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The ultimate disposition of this right-of-way shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's Office. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into adjoining parcels, as well as to ensure that all lots have access to a public street. 3. The lot lines shall be erased. The Estate will move the gate located on the Southern side near the ocean slightly forward, approximately fifteen (15) feet. The City shall have the easement at this point and also the forward Eastern fifteen (15) feet for a total of thirty (30) feet. As the City requires the lots to be combined, there shall be one hundred (100) feet for the back lot, seventy (70) feet for the forward lot, after giving the City thirty (30) feet, plus fifteen (15) feet added for the alley. Therefore, the lot would be 50' by 185'. 4. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days (November 12, 1990) of the approval by City Council. - 26 - Item VIT-F.I.h. PUBLIC HEARING PLANNING TTEM # 32744 (Continued) Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry - 27 - ltem VII-F.l.i. PUBLIC HEARING PLANNING ITEM # 32745 The City Clerk referenced letter of April 24, 1990, from Attorney Andre Evans, requesting INDEFINITE DEFERRAL. Said letter is hereby made a part of the record. Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council DEFERRED INDEFINITELY Ordinances upon application of ANDRE EVANS, WILLIAM R. WOOD, MICHAEL E. WOOD and ROGER W. GRAY for Conditional Zoning Classifications: ORDINANCE UPON APPLICATION OF ANDRE EVANS, WILLIAM R. WOOD, MICHAEL E. WOOD AND ROGER W. GRAY FOR A CONDITIONAL ZONING CLASSIFICATION FROM A-12 TO 0-1 Ordinance upon application of Andre Evans, William R. Wood, Michael E. Wood and Roger W. Gray for a Conditional Zoning Classification from A-12 Apartment District to 0-1 Office District on certain property located on the south side of Americus Avenue, 216 feet west of North Birdneck Road. Said parcel contains 38,441.7 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. A N D, ORDINANCE UPON APPLICATION OF ANDRE EVANS, WTLLIAM R. WOOD, MICHAEL E. WOOD AND ROGER W. GRAY FOR A CONDITIONAL ZONING CLASSIFICATION FROM A-12 TO B-2 Ordinance upon application of Andre Evans, William R. Wood, Michael E. Wood and Roger W. Gray for a Conditional Zoning Classification from A-12 Apartment District to B-2 Community Business District on certain property located at the southwest corner of Americus Avenue and North Birdneck Road. Said parcel contains 1.15 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry - 28 - Item VII-G. CONSENT AGENDA ITEM # 32746 Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council APPROVED in ONE MOTION Items I a.b., 2 and 3 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry - 29 - Item VII-G.1 CONSENT AGENDA ITEM # 32747 Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council ADOPTED, upon SECOND READING: Ordinances to APPROPRIATE to the FY 1989-1990 Budget of the Virginia Beach Library Department: $13,548 from the U.S. Department of Education re purchase of computer software for the Alphabet Literacy System at the Adult Learning Center; and, $4,000 from the Office of State Adult Literacy re literacy training. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry AN ORDINANCE TO APPROPRIATE $13,548 FROM THE U.S. DEPARTMENT OF EDUCATION TO THE FY89-90 BUDGET OF THE LIBRARY DEPARTMENT TO PURCHASE COMPUTER SOFTWARE FOP, THE ADULT LEARNING CENTER 1 2 WHEREAS, the Library Department is coordinating a joint literacy project 3 with the Friends of the Virginia Beach Public Library, the City Public Schools, 4 and the Human Services Departments of the City, to establish a special classroom 5 at the Adult Learning Center; 6 VHEREAS, this Principle of the Alphabet Literacy System classroom will 7 offer literacy training to approximately 500 adults annually who read below the 8 6th grade level; 9 WHEREAS, the Library Department has applied and been approved for $13,548 10 from tbe TJ. S. Department of Education to purchase computer software which will 11 provide interactive videodisc technology to students of the Adult Learning 12 Center. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA, that estimated revenues from the Federal Government be increased 15 by $13,548; 16 BE IT FURTHER ORDAINED that $13,548 be appropriated to the FY89-90 17 Operating Budget of the Library Department to purchase computer software for tbe 18 Alphabet Literacy System classroom at the Adult learning Center. 19 This ordinance shall be in effect from the date of Lts adop,tion. 20 Adopted the 30 day of Pr" 1990, by the Council -of the Ci.ty of 21 Virginia Beach, Virginia. 22 First Reading: April 23, 1990 23 Second ReadLng: p@ril 30, 1990 AN ORDINANCE TO APPROPRIATE $4,000 FROM THE COMMONWEALTH TO THE FY89-90 BUDGET OF THE LIBRARY DEPARTMENT FOR LITERACY TRAINING 2 WHEREAS, the State office of Adult Literacy initiated a major effort to 3 reduce illiteracy among adults throughout the commonwealth; 4 WHEREAS, the Library Department of Virginia Beach is the lead agent for 5 Regional #12 Literacy Coordinating Committee; 6 WHEREAS, the State provides $4,000 per year to each Regional Co-ittee to 7 provide training sessions for the adult literacy trainers; 8 WIIEREAS, these funds will be used to pay for literacy trainers and food 9 for training sessions and meetings. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIR(IIIIIA 11 BEACH, VIRGINIA, th.t estimated revenues from the Commonwealth bL increased by 12 $4,000; 13 BE IT FURTHER ORDAINED that $4,000 be appropriated to the FY89-90 Operating 14 Budget of the Library Department in support of literacy training. 15 This ordinance shall be in effect from the date of its adoption. 16 Adopted the 30 day of 11 1990, by the Council of the City of 17. Virginia Beach, Virginia. 18 First Reading: Ap.-il 23, 1990 19 Second Redaing: 20 o, - 30 - Item VII-G.2 CONSENT AGENDA ITEM # 32748 Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $5,108.81, upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry Mm No. C.& 8 REV. 3= AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER ,OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME Uicense Date Base Penafty lnt. Total Year Paid Tlyson Construction Co., Inc. 1402 Hiawatha Drive 1987-88 Audit 155.05 155.05 Virginia Beach, VA 23464 West, Michael E. 1989 Audit 254.23 254.23 T/A Morning 14ist Sprinkler Systems 813 Professional Place #106B Chesa@e, VA 23320 woodworkers Hardware Inc. 1988-89 Audit 62.11 62.11 5876 Goolagong Drive Virg:Lnia Beacti, VA 23464 Certified as to Payment: e,t P Va,,gha,, Commissioner of the Revenue Approved as to form: City Attorney This ordinance shall be effective trom date of adoption. The above abatement(s) totaling were approved by the Council of the City of Virginia Beach on the 30 day of 19 Ruth Hodges Smith City Clerk FMM t4O. CA 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Myers, H. t 1988 Audit 101.75 101.75 T/A @ssador Fil-m & Videc) 504 Tree Top Drive Virginia Beach, VA 23451 Seascapes III Inc. 1988 Audit 76.61 76.61 T/A Hot Tub Esca@ 913 smoke Tree Lane Virginia Beach, VA 23452 South Atlantic Corp. 1988-89 Audit 69.09 69.09 T/A Va. Beach Marble 125 R:Lverview Drive Harrpton, VA 23669 Certified as to Payment: Commissioner of the Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 247.45 were approved by the Council of the City of Virginia Beach on the 30 day of 19 90 Ruth Hodges Smith City Clerk O. CA a REV. 3M AN ORDINANCE AUTHORIZING LICENSE REFUNDS ION OF C;ERTAIN PERSONS AND UPON APPLIC MMISSIONER UPON RERTIFICATION OF THE CO OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIFIGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: Penalty lnt. Total 169.56 Beach, VA 2 Jordan Piano's Inc. of VA 1988 Audit 513.15 513.15 T/A T@le of Music 2230 Sedgewick Drive Virqinia Beach, VA 2341-4 Morris, Suzanne M. CPA 1989 Audit 75.01 75.01 503 Marlbank Drive Yorkt@, VA 23692 Certified as to Payment: Approved as to form: City Attorney This ordinance shall be effe.ti,e fr.m date t adoption. The above abatement(s) totalin(,3 .72 were approved by the Council of the City of Virginia Beach on the -30 day oi 19 Ruth Hodges Sm t City Clerk MRM NO. C@ 8 FEV. W" AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF TME COMMISSIONER OF THE REVENUE BE IT ORDAINED BY TFIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME Ucense Date Base Penalty lnt. Total Year Paid Educated Home Buyer Inc., The 2529 S. Adventure Trail 1988-89 Audit 82.14 82.14 Virginia Beach, VA 23454 Gladstone, M. David, DDS 1988-89 Audit 165.31 165.31 5314 Providence Road Virginia Beach, VA 23462 Certified as to Payment: Approved as to form: Leslie L. Lille@ City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 247-45 were approved by the Council 30 April 90 of the City of Virginia Beach on the - day of 119 Ruth Hodges Smith City @lerk t4O. C.& 83M 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: License Date Base Penalty Int. Total NAME Year Paid Anderson, Keith C. 1988 Audit 50.00 50.00 T/A Anderson Contracting 312 Indian Avenue Virginia Beach, VA 23451 Andrew S. Fink & Assoc. Inc. 397 Little Neck Rd. 1988-89 Audit 968.75 968.75 Bldg. 3400, Suite 210 Virginia Beach, VA 23452 Ebron, Samuel D. 1989 Audit 52.80 52.80 T/A S & S General Haul:Lng 632 Wav Virginia Beacli, VA 23462 Certified as to Payment: Robert P. Vaughan e-I Commissioner of the Revenue Approved as to form: City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling 1 071-55 were approved by the Council of the City of Virginia Beach on the 30 day of pr L' .19 go Ruth Hodges Smith City Clerk NO. CA 8 REV. 3M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONR=R OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds. upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Stok@s, Lula M. & Ebron, Percy L. T/A E & S Hauling 1987 Au2clit 19.24 19.24 3550 woodburne Drive Virginia Beach, VA 23452 Versprille, Mary Fay 1988-89 Audit 22.87 22.87 T/A i4ary Versprille Hair Design 1733 ColuiTbia Avenue Norfolk, VA 23509 l,laters, Mary P. 1989 Audit 56.40 56.40 T/A Waters Data Services 2117 Grey Fox Lane Virqinia Beach, VA 23456 2M Enterprises Inc. 1986-87 Audit 78.00 78.00 916 Trestnian Avenue Virginia Beach, VA 23464 Certified as to Payment: ko-bert P. Vaugha Commissioner of I Approved as to form: e l@e L LIley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the Council of the City of Virginia Beach on the 30 day of April .19 90 Ruth Hodges Smith City Clerk MRM NO. C.k 8 REV- 3- AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid Hartwell, Jo Ann 1989 Audit 18.51 18.51 4605 Fern Oak Court Virginia Beach, VA 23462 Iaser Inc. 1988-89 Audit 144.12 144.12 T/A La Paree Hair Fashions 827 Seawolf Drive Norfolk, VA 23518 Spruill, George & Barbara 1988 Audit 105.83 105.83 T/A The Country Store 6168 Pocahontas club Road Virginia Beach, VA 23457 Certified as to Payment: Approved as to form: -Ceslie L. Lill6y- City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling .46 were approved by the Council of the City of Virginia Beach on the @o day of APr" .19 90 Ruth Hodges Smith City Clerk NO. CA 8 @. 3" AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. Total NAME Year Paid Agor, tster D. 1988 Audit 16.80 16.80 2200 Bayberry Street Virginia Beach, VA 23451 Ansell Yoder Assoc. PC 1989 Audit 1,488.94 1,488.94 933 First Colonial Rc)ad, S-200 Virginia Beach, VA 23454 Golden Buddha Inc. 1988-89 Audit 362.54 362.54 T/A Kim Ting Restaurant #2 612 wickwood court Chesapeake, VA 23320 Certified as to Payment: F orber[ P. Vaughan Commissioner of the Revenue Approved as to form: City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the Council of the City of Virginia Beach on the 30 day of .19 90 Ruth Hodges Smith City Clerk - 31 - Item VII-G.3 CONSENT AGENDA ITEM # 32749 Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance authorizing Special Tax Refunds in the amount of $958.24 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John L. Perry FO.. @0, C.@, @ E@@ AN ORDINANCE AUTHORIZING SPECIAL TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE C@ OF VIRGINIA BEACH, VIRGINIA: That the following applications for SpLcial Tax refunds, upon certification of the Ccmdssioner of Revenue are hereby approved: Tax Date Base Penalty Int. Total NAME Year Paid -Mr. Douqlas Willi@ T/'A Mr. Dmut 1641 Independence Blvd. Virginia Beach, Va. 23455 1989 12/20/89 $958.24 $958.24 Certified as to Payment: ert P. Vaughan Commissioner of the Revenue Approved as to form: Leslie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $958.24 were approved by the Council of the City of Virginia Beach on the 30 day of April 90 19 Rulh Hodges Smith City Clerk - 32 - Item VII-J.1. ADJOURNMENT ITEM 32750 Upon motion by Vice Mayor Fentress and BY CONSENSUS, City Council ADJOURNED the Meeting at 2:55 P.M. Beverly-0. Hooks Chief Deputy City Clerl,, Mey6ra(@,. Oberndorf -Auth Hodgbs Smith, CMC Mayor City Clerk City ot Virginia Beach Virginia