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JANUARY 8, 1990 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MFIE@ E. O@EWWU, A, VICE AYOR RO.@RL E F@WM.@, Vi,,i.i. &@l @@h ]..l A@ --l@ -@@l A, @- @AM M, HENUY. P@@@ @.,h MM & M@@M, -, @.., -,@ JOIII @@ .., -,i. N@CY K. P@@R, A, JOHI L PE"Y, @,. WILUIM @ SEMUS, JR,, A, U, Cl@ I.IL @Ill@INC, IUBMY V. WAM, JR,, C,., U..- CITY COUNCIL AGENDA MUII.P@L -1@R R@H HO@@ WITH. C.Cl@E, Ci@ C@h JANUARY 8, 1990 ITEM 1. CITY MANAGERIS BRIEFING - Conference Room - 11:30 AM A. PRIMACY ENFORCB4ENT AUTHORITY Clarence Warnstaff, Director of Public Utilities ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 11:45 AM A. CITY COUNCIL CONCERNS ITEM 111. L U N C H - Conference Room - 12: NOON ITEM IV. INFOF44AL SESSION - Conference Room - 12:15 PM A. CALL TO ORDER - Mayor Nbyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. MOTION TO RECESS INTO EXECUTIVE SESSION ITEN V. FORMAL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Reverend Alton M. Washington, DD Princess Anne Plaza United Methodist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. INFORMAL & FORMAL SESSIONS - December 18, 1989 F. P(JBLIC HEARING 1. PLANNING a. Appl ication of THE ESTATE OF PETER AGELASTO, JR. for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires al I lots created by subdivision to have direct access to a pubi ic street at the Southern extremity of tkcul lough Road (LYNNHAVEN BOROUGH). Deferred November 20, 1989. Recommendation: DENIAL b. Appl !cation of JDH/LBS, a General Partnership for a Change of Zoning District Classification from AG-2 Agricultural District to B-1 Neighborhood Business District on the Northeast side of Princess Anne Road, 1052 feet more or less Northwest of Glebe Road, containing 1.74 acres (PRINCESS ANNE BOROUGH). Recommendation: DENIAL c. Appl ication of OLD DONATION EPISCOPAL CHLIRCH for a Conditional Use Permit for a church and cemetery at the Southeast corner of North Witchduck o@ad and Cathedral Drive (4449 North Witchduck Road), containing 6.154 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL d. Appl ication of LOIZOU, INC., THOMAS P. HUNTER AND W. LEE NOR4AN, JR. for a Conditional Use Permit for automobile retail sales and ser-vice at the Northeast corner of Newtown Road ani Baker Road (604 Newtown Road), containing 18,084 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL e. Application of GREENWICH-LANGLEY ASSOCIATES, L.P. for a Conditional Use PerTnit for a radio station transmitter link on the North side of Greenwich Road, 370 feet more or less West of Business Park Drive (5544 Greenwich Road), containing 2.7914 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL f. Appl ication of POCKETS, INC., for a Conditional Use Per-mit for a cornmercial recreational facility other than that of an ou-Fdoor nature (family billiard facility in con.junction with a restaurant) on Lot 3, Aragona Village Shopping Center (4848-3 Virginia Beach Boulevard), containing 8300 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL g. Appl ication of PLEASLIRE HOUSE PROPERTIES for a Change of Zonlng Classification fran A-12 Apartment District to A-18 Apartment District on the East side of Ple sur-- House Road, 300 feet South of North Greenwall Road (2260 Pleasure House Road and 4700, 4704 and 4708 %ple Terrace Court), containing 37,984.32 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL h . Application of EILEEN EFREWEICH for a Chang_e of_ Zoning District Classification frcm A-I:e Aparl-ment District to 0-1 Office District aT t-he Northeast corner of Virginia Beach Boulevard and We st Lane ( 1 580 V i rg i n I a Beac h Bo u I ev ard) containing 25,726.5 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 1. Appl ications of D. W. GATLING, INC. re property on the North side of Indian River Road, 250 feet more or less East of Parkland Lane, containing 2.752 acres (KEMPSVILLE BOROUGH): Conditional Zoning Classification frorn R-5D Residential Duplex District to 8-2 Community Buslness District; AND, Conditional Use Permit for mini-warehouses. Recommendation: WITHDRAWAL j. Appl !cation of H. RYAN POWELL for a Conditional Use Permit for automobile sales and service and bulk storage yard on the South side of North Witchduck Road, 693.08 feet West of Jacquel lne Avenue (630 North Witchduck Road) , containing 42,096 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL k. Appl ications of CHLIRCH POINT ASSOCIATES, L.P. re property at the Southeast intersection of First Court Road and Greenwel I Road, containing 123.804 acres (BAYSIDE BOROUGH): Change of Zoning Classification frcm R-40 to R-20,- AND, Conditional Use Permit for open space promotion; AND, Variance to Section 5.5(a) of the Subdivision Ordinance which requires the provision of curb and gutter bui It to City specifications on al I proposed streets of a subdivision. Recommendation: APPROVAL 1. Appl ication of LLICILLE CRESPO for a Conditional Use Permit for ahome occupation (animal groominq) on Lot 7, Block B, Green Run (1425 Pear Tree Arch), containing 9592 square feet (PRINCESS ANNE BOROUGH). Recornmendatlon: DENIAL m. Appl ication of RFCHARD L. GRIMSTEAD for a Conditional Use Permit for a horne for the aged on the South @ide of Potter's Road, 696.47 feet West ot South Great Neck Road (2424 Potter's Road) , containing 3.895 acres (LYNNHAVEN BOROUGH). Recommendation: DENIAL n - Appl ication of BP OIL CO. DIVISION OF SOHIO OIL CO. for a Conditional Use Permit for an gasol ine station and car wash In co convenience store at the Southeast corner Princess Anne Roa and Elson Green Avenue, containing 44,100 square feet (PRINCESS ANNE BOROUGH). Recornmendation: DENIAL G. CONSENT AGENDA Al I matters I isted under the Consent Agenda are considered in the ordinary course of business by City Gouncil and wil I be enacted by one motion in the form I i sted. If an item is rernoved from the Consent Agenda, It will be discussed and voted upon separately. 1. Resolution to support the Commonwealth for Increased funding of State homeless shelter and homeless Intervention programs. 2. Ordinance to approve the use of $58,733 in unmatched health funds within the FY 89-90 Budget to provide one hundred percent local funding for the Virginia Beach Public Health District to delay lay-off of State health positions and that the Cooperative Health Agreement be amended to reflect the commitment of local resources. 3. Ordinance appointing viewers in the petition of Charles E. Falk, Sr., for the closure of a portion of Fern Ridge Road (LYNNHAVEN BOROUGH). 4. Ord inances authorizing tax refunds in the amount of $4,208.53. 5. Ordinance authorizing special tax refund in the amount of $1,860.99. 6. Ordinances authorizing llcense refunds in the amount of $4,463.54. H. APPOINTMENTS COMMLINITY SERVICES BOARD ViRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VOLLINTEER COUNC I L 1. UNFINISHED BUSINESS 1. Review and clarification of Item No. 32222, December 18, 1989: AN ORDINANCE TO TRANSFER $300,000 TO PROVIDE ENHANCED NATIONAL MARKETING COMMUNICATIONS SUPPORT. J. NEW BUSINESS 1. Reques-V of Virginia Beach Center for the Arts for legislation at the 1990 General Assembly Session for an exemption fran retall sales and use taxation. (Sponsored by Vice Voyor Robert E. Fentress) 2. CITY COUNCIL HOLIDAY SCHEDULE - February 1990 K. ADJOLlRN4ENT CITY COLINCIL SESSIONS RESCHEDULED JANUARY 29, 1990 2:00 PM RESCHEDULE OF JANUARY 1 AND JANUARY 15 "NEW YEAR'S DAY" AND "LEE-JACKSON-KING DAY" HOLIDAYS 1/4/90 lbs M I N U T E S VIRGINIA BEACH CITY COUNCIL Vlrginia Beach, Vlrginia January 8, 1990 The CITY MANAGER'S BRIEFING relative PRIMACY ENFORCEMENT AUTHORITY to the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, January 8, 1990, at 11:30 A.M. Council Members Present: 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 Absent: John A. Baum (ENTERED: 11:34 A.M.) John L. Perry (ENTERED: 11:55 A.M.) - 2 - C I T Y M A N A G E R 'S B R I E F I N G PRIMACY ENFORCEMENT AUTHORITY 11:30 A.M. ITEM # 32224 Clarence Warnstaff, Director of Public Utilities, referenced a Resolution for City Council's consideration urging the Commonwealth of Virginia to retain primary enforcement authority over the Federal Law that regulates water quality (Safe Drinking Water Act). The Resolution also urges the Commonwealth to provide sufficient resources to the Virginia Department of Health in order to retain the regulatory program. The primary enforcement authority is often referred to as primacy. The concept of primacy is having federal standards established by the Safe Drinking Water Act with the application of State judgment and State discretion. It places the State in the position of enforcing the Federal Water Quality Standards. Virginia was awarded primacy in 1977 and has retained enforcement authority over the Federal Law since that period of time. There are two ways the State can lose primacy. (1) The Governor can make a declaration the Commonwealth would not provide the enforcement authority and they would surrender said authority to the Environmental Protection Agency. (2) If the Health Department does not have sufficient resources to enforce Federal Laws, the United States Government can take primacy away and declare the State is not performing adequately. Recently, the Virginia section of the American Waterworks Association, queried themselves as to why an association of water suppliers should support the position of the Commonwealth maintaining a meaningful regulatory program. After all, this particular section is the agency regulated and it is rare the industry regulated pushes to have a meaningful regulatory program. If Virginia maintains a meaningful regulatory program, there are advantages to the citizens in the Commonwealth of Virginia. There will be a higher level of compliance with the water quality standards; and, therefore would result in improved service to the citizens of Virginia. The Commonwealth, through the Health Department, can provide assistance to small systems. The Commonwealth can function in a service capacity assisting to shape the Federal rules and regulations coming out over the next decade. Virginia has a good water quality program at the State level to obtain national recognition. Tf all the states maintain an active regulatory program, the States working with the waterworks operators hopefully can with the Federal Government, devise meaningful water quality standards over the next ten years. In 1974, there were only 23 compounds regulated under Federal Law. At present there are approximately 30 compounds regulated under Federal law. This will change because of amendments to the Safe Water Drinking Act in 1986. With these amendments required by 1989, there would be 83 new compounds regulated. EPA is behind schedule. Federal law requires every three years, EPA regulate 25 new compounds. This is causing the list of compounds to increase over the next decade. Many of the compounds have not been identified. The change in Federal Environmental and regulatory laws over the next ten years will be more significant than ever occurred in the history of the Nation. The Safe Drinking Water Act was first enacted in 1974, with the purpose to protect the public from health hazards associated with contaminated drinking water. This is accomplished through the adoption of standards. These standards fall in three categories: (1) construction (2) treatment process (3) frequency and reporting of water testing. The Environmental Protection Agency has the responsibility to enact and enforce the Federal Law. This agency has the responsibility to define safe drinking water. In order to have primacy, the State must adopt its own drinking water regulations. Administrative and enforcement procedures must be devised. Said procedures have existed in the Commonwealth since 1977. - 3 - C I T Y M A N A G E R 'S B R I E F I N G PRIMACY ENFORCEKENT AUTHORITY ITEM # 32224 (Continued) Cost and control are the issues associated with primacy. The cost of primacy will be significant. Currently the State receives approximately $800,000 in Federal Funding; however, the cost of the current regulatory program in the Cormnonwealth is about $2-MILLION. The State estimates to retain primacy and have a meaningful regulatory program over the next decade to handle the increase in water quality standards, approximately $6-MILLION more and 90 additional personnel will be required. With regards to the short term impact, the Health Department is requesting approximately 20 additional personnel at a cost of $750,000 for 1990-1991. The Health Department has identified certain sources of funding (1) General Fund of the State (2) Federal Funding (3) Permit fees assessed against construction associated with a water utility (4) Permit fee associated with the operation of a water utility, (5) Fee assessed against water consumption, (6) Fee assessed against withdrawing untreated raw water. If a water use fee is ultimately decided by the General Assembly to be the mechanism, it is estimated a fee of between 2cts to 3cts on 1,000 gallons state- wide would generate between $4 and $6-MILLION. This should be sufficient to cover the cost of the new regulatory program. The impact on Virginia Beach would be between $200,000 and $300,000 and the impact upon the average residential customer would be in the range of 12cts to 18cts per month. EPA has admitted it will be virtually impossible to have a single standard applied uniformly throughout the nation. The loss of primacy would certainly mean loss of influence and recognition by the Commonwealth at the national level. EPA recognized the State would be in the best position to determine and establish some of the water quality standards as some discretion will be allowed. The goal is to have meaningful water quality standards that can be achieved and truly benefit the public. Mr. Warnstaff believed it important for every State to maintain primacy. Mr. Warnstaff believed the Virginia Department of Health will actively pursue Federal funding to the extent it is available; however, no one has the perception the Federal funding wili go up sufficiently to cover the additional cost. Hopefully in future years the amount of Federal Funding as it relates to the Safe Water Drinking Act, will increase. Many states are obviously concerned as these are Federally mandated standards, but yet the Federal funding to go along with it, is not there. The State Water Control Board has jurisdiction over the water in the streams, lakes and rivers. The Board does not have jurisdiction over drinking water. This is under the jurisdiction of the Virginia Department of Health. These standards relate to the finished product at the "tap". Mayor Oberndorf advised, from the Virginia Municipal League perspective, the small communities obviously are concerned about the primacy question. The communities are anxious to find a way of affording a system that will provide them a cushion against the escalating cost of the Clean Water Act. They are looking for the larger localities to assume the greater responsibility in paying for same and will pursue this through the General Assembly. As per Councilwoman Henley's suggestion, whatever is supported should be across the board equitably handled. The suggestion by Councilman Moss that this be a revolving fund endowed the first time by the General Assembly and then the charges back to the locality based on their usage is also a good idea. The State of Georgia is investigating the revolving loan and endowment subsequently billed back to the localities, in order to be assured those localities are only charged for what they use. - 4 - C ON C E R N S OF T HE MAYOR ITEM # 32225 The City Manager referenced his letter of January 8, 1990, to Members of City Council. Mayor Oberndorf advised attached was the agreement on transportation issues reached between the Peninsula Planning District Commission (PPDC) and the Southeastern Virginia Planning District Commission (SVPDC). The City Manager believed the document to be in keeping with the direction indicated by Members of City Council. After perusal by Members of City Council, the City Manager requested their comments. A response must be forwarded to the Southeastern Virginia Planning District Commission by January Tenth. If there are any concerns, this item will be SCHEDULED for the Formal Session of January 22, 1990, however, the City Manager must respond by the Tenth. Council Members might wish to also note their concerns during UNFINISHED BUSINESS of the Formal Session today, January 8, 1990. ITEM # 32226 Mayor Oberndorf referenced the December 27, 1989, letter of W. Robert Jones, Chairman - Central Business District Commission. This letter requested clarification of several procedural matters and guidance. This letter has been referred to the City Manager. The Mayor also requested suggestions and direction from all Members of City Council relative the Chairman's total scope of responsibility. Letter and questionnaire are hereby made a part of the record. ITEM # 32227 Mayor Oberndorf also advised the request of the Cultural Alliance Association of Greater Hampton Roads, who with the assistadce of Forward Hampton Roads, are proposing to area cities and counties the creation of a film coordination office for Hampton Roads. This would be to promote this area as a region. The Association would like to have twelve localities for the first year to donate $5,000 each with $5,000 derived from the Virginia Production Services Association to create a $65,000 Budget for the first year. The Association would be the regional authority to oversee the implementation of the Budget and decide upon the type of performance. Mayor Oberndorf advised the City has been able to work cooperatively with the film industry without having to create a regional body. ITEM # 32228 Mayor Oberndorf advised receipt of a letter of December 27, 1989, from Carl H. Marshall, the SUGAR PLUM BAKERY. The Bakery is requesting a special one-time grant in the amount of $50,000 from the City to assist in advancing the Bakery's employment expansion program. The possibility of an annual sustaining grant of $55,000 from the City was also posed. Information supporting the funding application was submitted. Copies of same will be forwarded to Members of City Council. E. Dean Block, Assistant City Manager for Budget and Evaluation, wili present information relative this item to City Council. TTEM # 32229 Mayor Oberndorf referenced letter of January 4, 1990, from Employees in the Virginia Beach Health Department accompanied by signed petitions relative proposed reduction by the State in health care and support personnel. This reduction in staffing, as currently planned, would eliminate approximately 26 positions within the organization. Because of work related activities, the personnel would be unable to attend today's Formal Session of City Council. (See Item V-G.2 of the CONSENT AGENDA.) With further reference to State funding, Councilman Baum advised certain Constitutional Officers are closely allied with Members of the General Assembly and this should be reviewed during the Budget process. Councilman Baum expressed concern relative political power in Richmond. The City Manager advised communication from the State today, January 8, 1990, indicating cutbacks in State levels of funding for Constitutional Officers, the Governor's two percent cut. The City Manager was not aware of the details. The City Manager will prepare information relative the City's current supplementing of offices and the impact of that funding upon the City's budget. - 5 - C IT Y C 0 UN C I L C ON C E R N S ITEM # 32230 Councilman Baum advised he was late entering the Council Session, as he could not find a parking space. The parking spaces signifying "Reserved for Council" apparently are not respected as "reserved" by the public. ITEM # 32231 Councilman Moss advised he was interested in moving forward with the COMPREHENSIVE PLAN. The City Attorney advised the legal requirement of review has been accomplished. Councilwoman Henley advised the route of the SOUTHEASTERN EXPRESSWAY, the downzoning litigation, Chesapeake Bay Preservation Act, Conditional Zoning, Transfer of Development Rights as well as other issues will have a major impact on the COMPREHENSIVE PLAN. These issues need to be addressed. Councilwoman McClanan believed there would always be issues to be resolved. Councilman Moss advised City Council was aware of the specific study areas of the SOUTHEASTERN EXPRESSWAY and was able to articulate and address the Comprehensive Plan from a land use point of view BY CONSENSUS, City Council will SCHEDULE a JOINT WORKSHOP of the City Council and Planning Commission at the Pavilion, Room 101 and 102, January 24, 1990, at 6:00 P.M. ITEM # 32232 Councilman Baum referenced letters of January Fifth from Spencer Flint, Inc. and and J. C. Driskil, Inc. relative the SUPPORT of SMITHFIELD FOODS, INC. concerning the relocation to North Carolina. A Resolution to the State Water Control Board indicating SMITHFIELD FOODS' importance to the agricultural industry shall be SCHEDULED for the City Council Session of January 22, 1990. ITEM # 32233 Councilman Perry referenced the United States Commission for Civil Rights Report. This report states on page one: "There is one Black City Councilman elected from a predominately Black district". Councilman Perry advised this erroneous report is distributed throughout the United States and requested the error be corrected. ITEM # 32234 Councilman Perry referenced the brochure published by the Department of Convention and Visitor Development. This brochure reflected accomplishments and necessary corrections desired: "Virginia Beach the Beach Lovers Beach - Beach Bounces back - peaceful image relayed nationwide by video tape". Councilman Perry inquired as to the reason for the $300,000 expenditure in view of these accomplishments. The City Manger advised an emergency expenditure of existing public relations monies in the amount of $61,000 was made out of the Department of Convention and Visitor Development Budget. This included a special public relations program immediately after Labor Day to counter public concern regarding safety and damage in the resort area. These funds need to be replaced. James B. Ricketts, Director of the Department of Convention and Visitor Development, will be in attendance during the Formal Session to respond to City Council concerns. - 6 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 32235 Councilwoman Henley referenced the City Council's BOARDS AND COMMISSIONS. Councilwoman Henley requested for approximately fifteen minutes throughout the year a BRIEFING prior to the INFORMAL SESSION by individual BOARDS AND COMKISSIONS citing their responsibilities and concerns, at which time City Council could share their concerns. BY CONSENSUS, the City Council concurred with this request. As per direction of Vice Mayor Fentress, the City Clerk will arrange the SCHEDULING and advise the various BOARDS AND COMMISSIONS of their appointed time. ITEM # 32236 Councilwoman Parker referenced another recycling day in Pembroke Mall on Saturday, January 8, 1990, with tremendous response. Due to this success, third recycling day has been SCHEDULED for April 21, 1990. ITEM # 32237 In response to Councilwoman Henley, the City Manager advised the Christmas Tree recycling was most successful. A chipper was farmed out to Seashore State Park. A method should be devised to utilize the waste grass and leave clippings for mulch, as it is not environmentally safe placing them in plastic bags. These plastic bags cannot decay. - 7 - ITEM # 32238 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL ,as called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, January 8, 1990, at 12:53 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, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 8 - ITEM # 32239 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1- 344(A)(1). (1) Appointments: Boards and Commissions - Community Services Board, Virginia Beach Community Development Corporation and the Volunteer Council. (2) Performance Evaluations: City Manager, City Clerk, City Assessor. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of the plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). (1) School Site Acquisition - Kemspville Borough. Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, 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: Harold Heischober and John L. Perry - 9 - VIRGINIA BEACH CITY COUNCIL January 8, 1990 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, January 8, 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, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Alton M. Washington, D.D Princess Anne Plaza United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 10 - Item IV-D.I. CERTIFICATION OF EXECUTIVE SESSION ITEM # 32240 Upon motion by Councilman Baum, seconded by Councilman Sessoms, 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: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None CERTIFICATION OF EXECUTIVE SESSION WHEREAS: 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, WliEREAS: 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, THEREF'ORE, 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 Vice Mayor Fentress, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees or employees pursuant to Section 2.1-344(A) (1). (1) Appointments: Boards and Commissions - Terms Expire 12/31/89 - Community Services Board, Virginia Beach Community Development Corporation and the Volunteer Council. (2) Personnel Evaluations: City Manager, City Assessor, City Clerk. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of the plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). (1) School Site Acquisition - Kempsville Borough. VOTE: 9-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert None E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Sr. Council Members ABSTAINING: Council Members ABSENT for the Vote: None Harold Heischober and John L. Perry Council Members ABSENT for the Meeting: None Ruth Hodges-Smith, CMC/AAE City Clerk Item IV-E.l. MINUTES ITEM # 32241 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of December 18, 1989. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Harold Heischober Council Members Absent: None *Councilman Heischober ABSTAINED as he was ABSENT from the INFORMAL AND FORMAL SESSIONS of December 18, 1989. - 12 - Item IV-E.2. TRANSFER OF DEVELOPMENT RIGHTS ADD-ON ITEM # 32242 Kenneth Barefoot, Chairman - Planning Commission, advised the Commission has examined the concept of TRANSFER OF DEVELOPMENT RIGHTS and believes same o,thy of pursuit. On December 1, 1989, the Planing Commission ADOPTED a Resolution encouraging the general concept of TDR's and PDR's as land use tools. This would enable the Planning Commission to have available a wider range of planning options from which to choose in order to preserve the environment and achieve other noteworthy goals. Mr. Barefoot advised Councilwoman McClanan this Resolution was ADOPTED on December 12, 1989, during the Planning Commission Meeting. There was not an advertised PUBLIC HEARING on the agenda of the Planning Commission. Considerable public input has been received through the Growth Management Advisory Committee, Chaired by Jack Whitney. - 13 - Item IV-F.I. PUBLIC HEARING PLANNING ITEM # 32243 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. PLANNING (a) THE ESTATE OF PETER AGELASTON, JR. VARIANCE (b) JDG/LBS CHANGE OF ZONING (c) OLD DONATION EPISCOPAL CHURCH CONDITIONAL USE PERMIT (d) LOIZOU, INC., THOMAS P. HUNTER CONDITIONAL USE PERMIT AND W. LEE NORMAN, JR. (e) GREENWICH-LANGLEY ASSOCIATES, L.P. CONDITIONAL USE PERMIT (f) POCKETS, INC. CONDITIONAL USE PERMIT (g) PLF-ASURE HOUSE PROPERTIES CHANGE OF ZONING (h) EILEEN EHRENREICH CHANGE OF ZONING (i) D. W. GATLING, INC. CONDITIONAL ZONING CLASSIFICATION AND, CONDITIONAL USE PERMIT (j) H. RYAN POWELL CONDITIONAL USE PERMIT (k) CHURCH POINT ASSOCIATES, L.P. CHANGE OF ZONING AND, CONDITIONAL USE PERMIT (1) LUCILLE CRESPO CONDITIONAL USE PERMIT (m) RICHARD L. GRIMSTEAD CONDITIONAL USE PERMIT (n) BP OIL CO. DIVISION OF SOHIO OIL CO. CONDITIONAL USE PERMIT - 14 - Item V-F.I.a. PUBLIC HEARING PLANNING ITEM # 32244 Attorney Michael H. Nuckols, advised the physical characteristics create the hardship. Mr. Nuckols distributed two letters from residents signifying McCullough Lane was a public and not private road. Public services have been provided along the lane. (Said letters are hereby made a part of the record.) Attorney Carl A. Eason, Sr., 1100 Sovran Bank Building, Phone: 497-6633, represented the opposing interests of Mr. and Mrs. Joe Lovering, Dr. John Kennerson, Mr. and Mrs. Thomas J. Crooks, Mr. Robert L. Payne, Jr., and Mike and Marjorie Burnett. McCullough Lane really constitutes an island. The residents of the island own an interest, in common, in the lane. There are substantial TIDAL WETLANDS involved in the application. Dr. John Kennerson, 1501 McCullough Lane, Phone: 481-6344, registered in OPPOSITION, but WAIVED his right to speak. Memorandum of November 27, 1989, from John W. Herzke, Traffic Engineer, advised the City Attorney determined McCullough Lane to be a private street. (Said Memorandum is hereby made a part of the record.) Upon motion by Councilman Balko, seconded by Councilman Moss, City Council DENIED the application of THE ESTATE OF PETER AGELASTO, JR., for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision to have direct access to a public street. Appeal from Decisions of Administrative Officers in regard to certain elements of the subdivision Ordinance, Subdivision for The Estate of Peter Agelasto, Jr. Property is located at the southern extremity of McCullough Lane. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 10-1 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: John L. Perry Council Members Absent: None Councilman Moss CORRECTED his vote from a NAY to a VERBAL AYE. - 15 - Item V-F.I.b. PUBLIC HEARING PLANNING ITEM # 32245 Senator Moody E. Stallings, Jr., Beach Tower Suite 500, 3330 Pacific Avenue, P.O. Box 1687, Phone: 422-4700, requested DEETRRAL of the application until the close of the 1990 General Assembly Legislative Session on March 10, 1990. Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council DEFERRED until the City Council Meeting of March 26, 1990, at 6:00 P.M., the Ordinance upon application of JDH/LBS, a General Partnership for a Change of Zoning: ORDINANCE UPON APPLICATION OF JDH/LBS, A GENERAL PARTNERSHIP FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2 Ordinance upon application of JDH/LBS, a General Partnership for a Change of Zoning District Classification from AG-2 Agricultural District to B-2 Neighborhood Business District on certain property located on the northeast side of Princess Anne Road, 1052 feet more or less northwest of Glebe Road. The parcel contains 1.74 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Heniey, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None This application was BROUGHT F'ORWARD on the Planning Agenda - 16 - Item V-F.I.c. PUBLIC HEARING PLANNING ITEM # 32246 C. E. Hunter, Chairman of the Building Committee - Old Donation Episcopal Church, represented the applicant Upon motion by Councilman Heischober, seconded by Councilman Balko, City Council ADOPTED an Ordinance upon application of OLD DONATION EPISCOPAL CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF OLD DONATION EPISCOPAL CHURCH FOR A CONDITIONAL USE PERMIT FOR A CffURCH AND CEMETERY R01901272 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Old Donation Episcopal Church for a Conditional Use Permit for a church and cemetery at the southeast corner of North Witchduck Road and Cathedral Drive. The parcel is located at 4449 North Witchduck Road and contains 6.154 acres. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. The following condition shall be required: 1. A Certificate of Appropriateness must be applied for and granted by the Historic Review Board. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of JanuarV, Nineteen Hundred and Ninety, Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 17 - Item V-F.I.d. PUBLIC HEARING PLANNING ITEM # 32247 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant Upon motion by Councilman Perry, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of LOIZOU, INC, THOMAS P. HUNTER AND W. LEE NORMAN, JR., a Corporation: ORDINANCE UPON APPLICATION OF LOIZOU, INC., THOMAS P. HUNTER AND W. LEE NORMAN, JR., A CORPORATION, FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE RETAIL SALES R01901273 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Loizou, Inc., Thomas P. Hunter and W. Lee Norman, Jr., a Corporation, have applied for a Conditional Use Permit for automobile retail sales at the northeast corner of Newtown Road and Baker Road. The parcel is located at 604 Newtown Road and contains 20,000 square feet. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. The following condition shall be required: 1. No auto service work shall be performed on the site. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of January, Nineteen Hundred and Ninety, Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None - 18 - Item V-F.I.e. PUBLIC HEARING PLANNING ITEM # 32248 Attorney Charles Salle' , 192 Ballard Court, Phone: 490-3000, represented the applicant and advised the antenna and dish will be utilized by JOY 95 FM radio station. Attorney Salle' distributed fact sheets related to this radio station. Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of GREENWICH-LANGLEY ASSOCIATES, L.P., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GREENWICH-LANGLEY ASSOCIATES, L.P. FOR A CONDITIONAL USE PERMIT FOR A RADIO STATION STUDIO TRANSMTTTER (JOY 95 FM) R01901274 BE IT HEREBY ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Greenwich-Langley Associates, L.P., for a Conditional Use Permit for a radio station studio transmitter link on the north side of Greenwich Road, 370 feet more or less west of Business Park Drive. Said parcel is located at 5544 Greenwich Road and contains 2.7914 acres. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of January, Nineteen Hundred and Ninety, Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 19 - Item V-F. 6. PUBLIC HEARING PLANNING ITEM # 32249 Attorney R. J. Nutter represented the applicant and requested DEFERRAL. The application is for a Use Permit, which requires a Change in the City Code to allow same. The Amendment to the Code is SCHEDNED for the City Council Agenda of January 22, 1990; therefore, Attorney Nutter is requesting the application for a Conditional Use Permit be DEFERRED to coincide with the Amendment. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council DEFERRED until the City Council Meeting of January 22, 1990, at 6:00 P.M., the Ordinance upon application of POCKETS, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF POCKETS, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL RECREATIONAL FACILITY OTHER THAN THAT OF AN OUTDOOR NATURE (FAMILY BILLIARD FACTLITY IN CONJUNCTTON WITH A RESTAURANT) Ordinance upon application of Pockets, Inc., for a Conditional Use Permit for a commercial recreational facility other than that of an outdoor nature (family billiard facility in conjunction with a restaurant) on Lot 3, Aragona Village Shopping Center. The parcel is located at 4848-3 Virginia Beach Boulevard and contains 8300 square feet. BAYSIDE BOROUGH. Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None This application was BROUGHT F'ORWARD on the Planning Agenda. - 20 - Item V-F.I.g. PUBLIC HF-ARING PLANNING ITEM # 32250 Attorney David A. Miller, 2809 South Lynnhaven Road, Phone: 498-3434, represented the applicant and advised the existing single-family residence will be demolished and a new four-unit building erected for a net increase of three units. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of PLEASURE HOUSE PROPERTIES for a Change of Zoning: ORDINANCE UPON APPLICATION OF PLEASURE HOUSE PROPERTIES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 TO A-18 Z01901269 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Pleasure House Properties for a Change of Zoning District Classification from A-12 Apartment District to A- 198 Apartment District on the east side of Pleasure House Road, 300 feet south of North Green,ell Road. The parcel is located at 2260 Pleasure House Road, and 4700, 4704 and 4708 Maple Terrace Court and contains 37,984.32 square feet. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of January, Nineteen Hundred and Ninety. Voting: 6-5 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Mayor Meyera E. Oberndorf, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Albert W. Balko, Barbara M. Henley, Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: None - 21 - Item V-F.I.h. PUBLIC HEARING PLANNING ITEM # 32251 Attorney David A. Miller, Jr., 2809 South Lynnhaven Road, Phone: 498-3434, represented the applicant and advised his client, a real estate broker and owner of a mortgage company from Mount Sinai, New York, wishes to establish an office on this site. Attorney Miller advised one of the curb cuts will not be utilized. There will be no access off of Virginia Beach Boulevard. Upon motion by Councilman Balko, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of EILEEN EHRENREICH for a Change of Zoning: ORDINANCE UPON APPLICATION OF EILEEN EHRENREICH FOR A CHANGE OF ZONTNG DISTRICT CLASSIFICATION FROM A-12 TO 0-1 Z01901270 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Eileen Ehrenreich for a Change of Zoning District Classification from A- 12 Apartment District to 0-1 Office District at the northeast corner of Virginia Beach Boulevard and West Lane. Said parcel is located at 1580 Virginia Beach Boulevard and contains 25,726.5 square feet. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of January, Nineteen Hundred and Ninety. Robert Scott, Director of Planning, advised the issue of curb cuts can be controlled through the Site Plan Review by the City Staff. Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 22 - Item V-F.I.i. PUBLIC HEARING PLANNING ITEM # 32252 Attorney Charles Salle' , 192 Ballard Court, Phone: 490-3000, represented the applicant and requested WITHDRAWAL. Lafayette Smith, 1373 Ferry Point Road, Phone: 424-0352, represented the Newlight Civic League, and registered in OPPOSITION, but was not in OPPOSITION to the WITHDRAWAL. Upon motion by Councilman Moss, seconded by Vice mayor Fentress, City Council ALLOWED WITHDRAWAL of Ordinances upon application of D. W. GATLING, INC. for a Conditional Zoning Classification and a Conditional Use Permit: ORDINANCE UPON APPLICATION OF D. W. GATLING, INC., FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-5D TO B-2 Ordinance upon application of D. W. Gatling, Inc. , for a Conditional Zoning Classification from R-5D Residential Duplex District to B-2 Community Business District on certain property located on the north side of Indian River Road, 250 feet more or less east of Parkland Lane. The parcel contains 2.75 acres. More detailed information is available in the Department of Pianning. KEMPSVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF D. W. GATLING, INC. FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES Ordinance upon application of D. W. Gatling, Inc. for a Conditional Use Permit for mini-warehouses on certain property located on the north side of Indian River Road, 250 feet more or less east of Parkland Lane. The parcel contains 2.752 acres. More detailed information is available in the Department of Planning. KEMSPVILLE BOROUGH Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 23 - Item V-F.I.j. PUBLIC HEARING PLANNING ITEM # 32253 H. Ryan Powell, 7630 C North Witchduck Road, Phone: 497-1513, the applicant, requested DEFERRAL as his attorney was unable to prepare his case due to the flu. The City Clerk referenced Mr. Powell's letter of January 4, 1990, requesting DEFERRAL, which is hereby made a part of the record. Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council DEFERRED until the City Council Meeting of February 12, 1990, an Ordinance upon application of H. RYAN POWELL for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF H. RYAN POWELL FOR A CONDITTONAL USE PERMIT FOR AUTOMOBILE SALES AND SERVICE AND BULK STORAGE Ordinance upon application of H. Ryan Powell for a Conditional Use Permit for automobile sales an service and bulk storage yard on the south side of North Witchduck Road, 693.08 feet west of Jacqueline Avenue. Said parcel is located at 63 North Witchduck Road and contains 42,096 square feet. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None This application was BROUGHT FORWARD on the Planning Agenda. - 24 - Item V-F.l.k. PUBLIC HEARING PLANNING ITEM # 32254 Attorney Jahn Wallace Summs, 127 South Witchduck Road, Phone: 499-3255, one of the partners, represented the applicant. The first phase of the development was First Court Road, Inc. and comprised 123 lots emptying into a primary road and intersecting at Greenwell. The lots range from 8,000 to 10,000 square feet in size. The second phase is approximately 45 one-acre lots, bordering Spring Cove and Lynnhaven River Bay. The third phase, the application today, is 214 lots (a correction to the 210 units contained in the Planning record). This is actually two farms, Bayville Farm and Church Point Farm. Attorney Summs distributed a list depicting the current real estate taxes, old taxes on the the Burroughs Farm, a photograph depicting the scenic easement, as well as other positive factors. Said information is hereby made a part of the record. All of the parks, including the area at the main entrance, are owned and maintained by The Homeowners Association. Councilman Moss expressed concern relative the additional demand generated by this application on already strained services. There would be considerable capital investment costs generated on the public from schools and traffic. Upon motion by Councilman Sessoms, seconded by Councilman Baum, City Council ADOPTED Ordinances upon application of CIIURCH POINT ASSOCIATES, L.P. for a Change of Zoning and Conditional Use Permit; and, APPROVED an application for a Variance to Section 5.5(a) of the Subdivision Ordinance. ORDINANCE UPON APPLICATION OF CHURCH POINT ASSOCIATES, L.P. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-40 TO R-20 Z01901271 BE IT HEREBY ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Church Point Associates, L.P. for a Change of Zoning District Classification from R-40 to R-20 on certain property located at the southeast intersection of First Court Road and Greenwell Road. The parcel contains 123.804 acres. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. AND, ORDINANCE UPON APPLICATION OF CHURCH POTNT ASSOCIATES, L.P. FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION R01901275 BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Church Point Associates, L.P. for a Conditional Use Permit for Open Space Promotion on certain property located at the southeast intersection of First Court Road and Greenwell Road. The parcel contains 123.804 acres. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. - 25 - Item V-F.l.k. PUBLIC HEARING PLANNING ITEM # 32254 (Continued) A N D, Application of Church Point Associates for a Variance to Section 5.5(a) of the Subdivision Ordinance. The property is located on the south side of First Court Road at the intersection with Greenwell Road. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. The Open Space Promotion Plan shall be revised to meet the maximum allowable density of gle 214 lots. 2. Full compliance is required with the Stormwater Management Ordinance; This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of January, Nineteen Hundred and Ninety, Voting: 10-1 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss Council Members Absent: None - 26 - Item V-F.I.l. PUBLIC HEARING PLANNING ITEM # 32255 The City Clerk referenced telephone call advising this application had not been brought to the Green Run Homes Association. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council DENIED an Ordinance upon application of LUCILLE CRESPO for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LUCILLE CRESPO FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (ANIMAL GROOMING) Ordinance upon application of Lucille Crespo for a Conditional Use Permit for a home occupation (animal grooming) on Lot 7, Block B, Green Run. Said parcel is located at 1425 Pear Tree Arch and contains 9592 square feet. PRINCESS ANNE BOROUGH. Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 27 - Item V-F.I.m. PUBLIC HEARING PLANNING ITEM # 32256 Richard L. Grimstead, 2102 Mediterranean Avenue, Phone: 422-4791, requested INDEFINITE DEFERRAL as there are a number of individuals involved in the project and it will take an indefinite time to arrange for all participants to meet and resolve the situation. Letter from Captain M. N. Matton, Commanding Officer - Naval Air Station Oceana advised this parcel lies in the Oceana Naval Air Station AICUZ high noise zone three. Said letter is hereby made a part of the record. Upon motion by Councilman Balko, seconded by Councilman Sessoms, City Council DEFERRED INDEFINITELY the Ordinance upon application of RICHARD L. CRIMSTEAD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RICHARD L. GRIMSTEAD FOR A CONDITIONAL USE PERMIT FOR A HOME FOR THE AGED Ordinance upon application of Richard L. Grimstead for a Conditional Use Permit for a home for the aged on the south side of Potter's Road, 696.47 feet west of South Great Neck Road. The parcel is located at 2424 Potter's Road and contains 3.895 acres. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None This application was BROUGHT FORWARD on the Planning Agenda. - 28 - Item V-F.I.n.' PUBLIC HEARING PLANNING ITEM # 32257 Howard W. Martin, Jr., 1640 Sovran Center, Norfolk, Phone: 623-3000, represented the applicant. Mr. Martin advised a week ago, in agreement with the landowner of the forty acre parcel, a revised site plan was submitted to the Planning Staff limiting curb cuts in addition to the two curb cuts proposed on the applicant's site (one on Princess Anne and one on Elson Green), one curb cut on Sandbridge Road, one on Princess Anne Road and two collateral curb cuts on Elson Green. These curb cuts are consistent with the plan which use to exist for a Shopping Center. The Planning Staff upon review deemed these curb cuts would be acceptable to the Planning Staff; however, this plan did not show Upton Drive cutting through the 40-acre parcel and ultimately tying in with Sandbridge and Princess Anne Road. The applicant's site will be developed entirely separately from the 40-acre parcel. Heather Malaby, 2521 Quail Hollow Place, Phone: 721-2230, represented the Red Mill Farm Civic Association and spoke in OPPOSITION. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council REF'ERRED BACK TO THE PLANNING COMMISSION an Ordinance upon application of BP OIL CO., DIVISION OF SOHIO OIL COMPANY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BP OIL CO., DIVISION OF S014IO OIL COMPANY FOR A CONDITIONAL USE PERMIT FOR A GASOLINE STATION AND CAR WASH IN CONJUNCTION WITH A CONVENIENCE STORE Ordinance upon application of BP Oil Company, Division of Sohio Oil Company for a Conditional Use Permit for a gasoline station and car wash in conjunction with a convenience store at the southeast corner of Princess Anne Road and Elson Green Avenue. Said parcel contains 44,100 square feet. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. The City Council requested Staff evaluation of traffic design which shall be in accordance with the Master Street and Highway Plan and with appropriate legal documentation depicting the right turn lane. A rendering of the facility shall be provided. There should be no left turn from Princess Anne Road into the BP Gasoline Station. Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 29 - Item V-0. CONSENT AGENDA ITEM # 32258 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council APPROVED in ONE MOTION Items 1, 3, 4, 5, 6 of the CONSENT AGENDA. Item V-G.2 was voted upon separately. Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 30 - Item V-G. I CONSENT AGENDA ITEM # 32259 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED: Resolution to support the Commonwealth for increased funding of State homeless shelter and homeless intervention programs. Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None A RESOLUTION TO SUPPORT INCREASED FUNDING OF STATE HOMELESS SHELTER AND HOMELESS INTERVENTION PROGRAMS l@! IIERE AS . there are increasing nunibers o f liorieless individuals and fanilies in this jurisdiction, and throughout the Comi@onviealth. and tl[IEREAS, there is a great need for increased support for honieless shelters to rieet the needs of the increasing tiumbers of the lionieless, and @!IIEREAS, tliere is a need for -,@ore slielter space, and other forms of housing intervention services, sucil as transitional housiiig, and I,I!iEOrIAS, in order to prevent nore families frol@l becol@ling ho-,fleless, assistance needs to be given thein for telliporary rental assistance or tenporary mortgage foreclosure assistance: @!01,,'. TIIEREFODE, BE IT PESOLVED 13Y TVE COU'@ICIL OF THE CITY OF VIRGI@IIP, P@EACII, VIRGINIA: That ttiis jurisdiction endorses and supports tlle proposal of the Virginia Coaltior, for the florieless to increase support frojil this Coi,.iRioni,iealt@i for operating costs for liorieless shelters to $1,000,000. fiscal year 1991, anci $1.12@1.000 in fiscal year 19012; and T[lat this jurisdiction endorses and supports the proposal of the Virginia Coalition for the Homeless to increase support fron this Comr,3onwealt[i f o r expansion o f shelters and supportive lious i ng services, such as transitional housing, to $1,750.000 in fiscal year 1991. and $1.750,000 in fiscal year 1992; and That this jurisdiction endorses and supports the proposal of the Virginia Coalition for t@ie Hor:leless to increase support froin tllis Coiiiriion@vealth for increased funding for progra@iis to prevent hore- lessiiess by providing tenporary rerital or r@lortgage paypient assistance to $2.800.000 in fiscal year 1991. and $2.800.000 in fiscal year, 10,92. Adopted by tiie Council of the Cit@, of Virginia Beach, Virginia on 8 day f January Ixiwi . 1990 - - - - - - - -- - - - - - - - - - - - - - - - - - - - @IIU:ns I I / 2 9 / 8 9 - 31 - Item V-G.2 CONSENT AGENDA ITEM # 32260 Mayor Oberndorf referenced letter of January 4, 1990, from Employees in the Virginia Beach Health Department accompanied by a signed petition relative proposed reduction by the State in health care and support personnel. This reduction in staffing, as currently planned, would eliminate approximately 25 positions within the organization. Because of work related activities, the personnel were unable to attend the City Council Session. Said letter is hereby made a part of the record. Mayor Oberndorf suggested the Employees forward a letter with accompanying petitions to Members of the General Assembly advising them of the implications of this proposed reduction by the State. Senator Robert Scott of Newport News has based his career on funding for indigent women and prenatal care. Senator Scott is working closely with Senator Hunter Andrews and Holland on the regional legislative body to assist in the fair share of funding for this Hampton Roads region. Mayor Oberndorf advised a letter will be forwarded from City Council to the General Assembly signifying the City's concerns and she will attach the letter from the employees with the accompanying petitions. Dr. George Sjolund, Director of Public Health, advised due to state funding constraints, the FY 89-90 Virginia Beach Public Health Department Budget was not approved at requested levels. Twenty-five (25) state positions in the health department have been identified for a reduction-in-force to take effect January 15, 1990, in order to avoid a deficit budget situation. The use of $58,733 in unmatched health funds would delay the lay-offs until February 15, 1990. There will be approximately 10% reduction in prenatal care. The City contributes $359,000 to pay directly to the obstetricians who have a contract to deliver the patients who are being seen by the Health Department. The City Manager advised in order for the employees to continue through the end of the year, an additional $112,000 would be required. The Annual Cost for this particular service is approximately $454,000. Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council ADOPTED: Ordinance to approve the use of $58,733 in unmatched health funds within the FY 89-90 Budget to provide one hundred percent local funding for the Virginia Beach Public Health District to delay lay-off of State health positions and that the Cooperative Health Agreement be amended to reflect the commitment of local resources. Voting: 10-1 Council Members Voting Aye: 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Albert W. Balko Council Members Absent: None 1 AN ORDINANCE TO APPROVE THE USE OF $58,733 IN;' 2 UNMATCHED HEALTH FUNDS WITHIN THE FY 89-90 BUDGET@TO 3 PROVIDE ONE HUNDRED PERCENT LOCAL FUNDS TO DE 4 LAY-OFF OF STATE HEALTH POSITIONS 5 6 WHEREAS, state funding constraints and lo; 7 collections for the Virginia Beach Public Health Department have resulted in a 8 projected $199,149 shortfall for FY 89-90, 9 10 WHEREAS, no additional state resources are available and no revenue increases 11 are achievable, and non-personnel expenditures cannot be reduced to address the 12 entire projected shortfall, 13 14 WHEREAS, twenty-five (25) state positions, to include twenty-three (23) 15 filled positions and two (2) vacancies, have been identified within the health 16 department for a reduction-in-force to take effect January 15, 1990 in order to 17 avoid a deficit budget situation, 18 19 WHEREAS, the identified position reductions are necessary to avoid a deficit 20 in FY 89-90 and to remain within the projected FY 90-91 budget, 21 22 WHEREAS, $58,733 in the City of Virginia Beach Operating Budget for state 23 health cooperative agreement remains unmatched and available for redirection, 24 25 WHEREAS, the state allows localities to provide one hundred percent local 26 funding of state cooperative health positions, 27 28 WHEREAS, the use of the available $58,733 would allow the proposed lay-off 29 of twenty-three cooperative health positions to be delayed until February 15, 1990, 30 31 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 32 VIRGINIA, that $58,733 in urunatched health funds available within the FY 89-90 City 33 of Virginia Beach Operating Budget be directed towards a one time one hundred 34 percent local funding for the Virginia Beach Public Health District to allow delay 35 of the lay-off of state cooperative health positions, and that the Cooperative 36 Health Agreement be amended to reflect this increased commitment of local 37 resources. 38 39 This ordinance shall be effective from the date of its adoption. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day 42 of January, 1990. 43 - 32 - Item V-G.3 CONSENT AGENDA ITEM # 32261 Delegate Glenn Croshaw, 10th Floor, One Columbus Center, Phone: 490-6000, represented the applicant Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinance appointing viewers in the petition of Charles E. Falk, Sr., for the closure of a portion of Fern Ridge Road BOR@).(PRINCESS ANNE BOROUGH).'@ "Councilman Balko advised this application was located in the PRINCESS ANNE BOROUGH and not the LYNNHAVEN BOROUGH. The Viewers are: David Grochmal Director of General Services C. Oral Lambert, Jr., Director of Public Works Robert Scott Director of Planning Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORDINANCE PPPOINTING VIEWERS Wlil.'REAS, Charles E. Falk, Sr., has given due and proper notice, iii accordince wilh LliL@ stitutf2s for sucli cases triEide and rrovided that lie wi.11 oji the 8tli (,iay C)f J@intlEtry, 1990, apply to tlie City Ccujicil c) thi7? C:it;y of Vi.rginia Beacti, Vi,.L-gi.nia, for Llie appoiritmerit c)f Vie,;er.-3 t(3 view tile below- dE-,scrLhE.d property and reijort in writing to th(, Couiicil @ilietlier, iri the opirj-oii c)f said ViE@;4ers, ally, and i.f any, wliat inconvertience would resull from the discontinuance of the hcreinafter descri'Ded porticn of tliat certain street of variable widtfi, and has filed sucli appllcation witti sclid Co-,iricil. NOW, TIIEREFORE, be it ORDAINED by the Couilcil (,'f the City of Virginia Beich, Virginia: '2liAT- C.--Oral Lambert, Robert Scott and David Grochmal are hereby appointL!d t(.) view thc, bel-ow clc,,scril:)ed property and report in @iriting to tlie Cr)iiiici-I., as sooii as pc)ssil)le, whel--h(@r i-n tlieir opinion, any, ancl if any, what inconveiiieiice would result ill tli@, discontinui.rig ai-id vacatiiig of a portion of that certain street of variable widtli iocated in tlie City of Virgi-nia Rea,-Ii, Virgiriia, ard more partic@ili@rly dt-,scribed as follows: ALL that certaiii piece or parcel of laiid beginnincj at a pin oii the south side of i,yniihaven Parkway, approximately 2,049.76 fc,,et f.,-oni the intersection of Hollan(l Roa(i and Lynnhaveii Parkway, the point of beginning, thence rurining to tlie right 08 degrees 57 aiiiiutes 22 seconds along the arc of a circle liaving a radius of 720.00 feet, all arc distance of 112.54 fec.,t to a piii; tlience turiiing and runriing South 23 degrees 01 ininute 56 seconds West, a distaiice of 17.90 feet to a Pill; ttience continuing South 07 degrees 39 ininlites 04 seconds West, 149.86 fc,et to a piii; Lhc@nce continuiiig South 21 degrees 53 ininutes 04 secorids West, a (iistancc Cf 7.15 feet to a p-i-ii; thence ttirnin(j and riinnirig 14ortli 30 degr(,es 24 miniite-- 02 seconds West, a distance of 135.58 feet to the poiiit of begiiinirig. -1- All of tlie above, as showxi as "Parcol 1" on that cerlain plat and I-)hy,,3ical survey erititlc@d "Rc,@subdivision of ParcE@ls 1 aild 2, Subdivision Of Proi)ert.y For Anlai-, CC)r@?. iind M,-Iri(is Corp.", Lynnhaven 13orough, Vircji@ii.a Lieach, Virgini.a, dated Nov(-'InbE'-r 1, 1989, an@,i made, b,,, q'albot & Assocj-aLeS, l,td, Vircj.inia Beach, Virginia. Adopted: January 8, 1990 g.i:c!/falk/sc.ord -2- State of Virgint'a City of Norfolk AFFIDAVIT This day d@illi Weiser appeared before me and after being duly sworn made oath thct: personally (1) (He) (She) is affidavit Jerk of a. E:LLo@t/ er Star a newspciper published by Landmark CommunicatinS' Inc., in the cities of Norfolk, Portsmouth, Chesapeake, S(,ffolk and Virginia Beach, State of Virgini'a; @2) Thot the ad@ertisement hereto annexed of Street@o@Lrg - - L -_ has been published in said newspaper on t!ie following dates: ]-2/1(',--12/17 19 89 Affiant Stibscribed and sworn to before me in my city and state of,)resaid this day of 19 89 My commission expires M gn y 19 Public I I I I I I @'. I vi,.i@ @, h., 'i.. . - ..@l- I I -, . ' hi@ @,(, . . I " rIi, LYLE, SIEGEL,CROSHAW 8 BEALE PROIIIIIO@AL, CO@l'.IAII@@ ATI-ORNEYS Al- LAW ONE COLUMBU5 CENTER ,JosEpii L.t.YLE, JR POSI- OFFICE BOX 61888 DAVID S. RIJDIGER LAWRENCE P,. SIEGEL VIRGINIA BEACH,VA 23462 13ETTY M. MTCHELSON GL,ENN R. CROSHAW WII-LIAM C.BISCFIOFF R[Ci]AP,D C. BEALE IEIFPHONE (804)490-6000 SIJSAN C ALPER DAVID N. REDA 51-EPUIEN J. KECSKES MARK S. 5M]Tli TFI.ECOPIEP, (804) 490-21.7 JOHN CUSSEN JONATHAN L. HAUSER DFBI@RAH C.WAIER.S WAYNE G.SOUZA DIRECT DIAT, LAURIE I.. DAWSON ,)AMES C. LEWIS C. Sti[REEN IIAYE.1 LESLIE R,WAISON 51-EVEN J, IIARWOOD OWEN B. PIC.KFTT EDWARD S.CAR(IIA,JR. CERTIFICATE OF VESTING OF TITLE I, Glenn R. Croshaw, attorney for Charles E. Falk, Sr., do hereby certify that: 1. I am an attorney at law and represent, Charles E. rallc, Sr., the petitic)ner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to the said property will vest in, Charles E. ralk, Sr. The said properly referred to herein is hereby described as follows: ALL that certain piece or parcel of land beginning at a pin on the south side of Lynilhaven Parkway, approximately 2,049.76 feet from the intersection of Holland Road and Lynnhaven Parkway, the point of beginning, thence running to the right 08 degrees 57 minutes 22 seconds along the arc of a circle haviiag a radius of 720.00 feet, an arc distance of 112.54 feet to a pin; thence turning and running South 23 degrees 01 minute 56 seconds West, a distance of 17.90 feet to a pin; thence continuing South 07 degrees 39 minutes 04 seconds west, 149.86 feet to a pin; thence continuing South 21 degrees 53 ininutes 04 secorids West, a distance (Df 7.15 feet to a piji; thence turning aiid runniiig North 30 degrees 24 rfiinutes 02 seconds West, a distance of 135.58 feet to the point of beginning. ALL of the above, as showri as "Parcel 1" on that certairi pl,,t -1- LYLE, SIEGEL,CPOSHAW 8 BEALE and physical survey entitled "Resubdivision of Parcels 1 and 2, Subdivision Of Property For Anlar Corp. and Manas Corp.", Lynnhaven Borough, Virginia Beach, Virginia, dated November 1, 1989, and made by Talbot & Associates, Ltd, Virginia Beach, Virginia. Glenn R. Croshaw, Attorney for Charles E. Falk, Sr. ecember 18, 1989 Date grc/falk/sc.cert -2- IN TIIE MATTER OT' THE CI,OSING, VACATING AND DISCONTINUING A PORTION OF TIIAT CERTAIN STREET', KNO@IN AS FERN Rli)GE RCAD, AS SIIOWN UPON 'i'HA'f CERTA'FN PLAT ENTITLE,'D, "RESUBDIVISION OF PARCELS I AND 2, SUBDIVISION OF PROPERTY FOR ANLAR CORP. AND L@IANAS CORP.", AS SI-IOWN AS PARCEL 1 ON TIIE AMENDED PLA'R OF ANLAR CORP. AND MANAS CORP., MAP BOOK 73, PAGE 11, 1,YNNIIAVE14 1301@OUGif, VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS ATTACliED HERETO. PE'I'ITION TO: TliE MAYOR AND THE MEMBERS OU' TliE COUNCIL OF riie CITY OF VIRGINIA BEACii, VTRGINIA Your Petitioner, Charlos E. Falk, Sr., respectfully represents as follows: 1. That pursuant to tlie provisions of Section 1.5.1- 364 of tlie Code of Virginia, 1950, as amended, the Petitioner applies for tho vacating, cios@ng, and discontinuaricp of a portion of that certaiii street, which is iitorc@ specifically descri.bed as follows: ALL tfiat certain piece or parcel of land beginning at a pin on the south side of Lynnhaveri Parkway, approximately 2,049.76 feet froni tlie intersection of Holland Road and Lynnliaven Parkway, the point of beginning, thence running to the right 08 degrees 57 minutes 22 seconds along tile arc of a circle having a radius of 720.00 feet, an arc distance of 112.54 feet to a pin; thetice@ turiking and running South 23 deqrees 01 minute 56 seconds West, a distance of 17.90 feet to a pin; thence continuing Soutli 07 degrees 39 minutes 04 seconds West, 149.86 feet to a pin; ttience continuing South 21 degrec-s 53 iiiinutes 04 seconds West, a distance of 7.15 feet Lo a pin; thence turning and rurining North 30 degrees 24 minutes 02 secolids West, a distance of 135.58 feet to tlie point of begiiining. All of tlie above, as sliown as "P@licel 1" on tliat certain plat and pliysical survey e-iititled "Resubdivision of Parcels 1 and 2, SLibdivisiofi Of Property For Aialar Corp. anci Maiias Corp.", -1- Lyiinhaven Borough, Virgiiiia Bea(,,h, Vi.rcjiilia, dated NL@vernber I., 1989, aiid iiiad(-, by Talbot & Associates, l,td., Virginia Beach, virgiiiia. 2. Ttiat no inconveii-@eiice wil-1 result to any persons by reason of said c]-osing, vacation and cliscontinuance of said street; and the Petitioner prays tliat thi-s lionorable Council appoint viewers as provided by law to view said platted street proi)osed to be closc@d and tc) repcct in wri.tirig to tlie Council on or icfc)rc, tlie 8tli (lay of JanLiary, 1990, as to wh(,@tlier i-n the opiniori of said Vi.ewers, wtiat iriconvenieiice, if any, would result from the discoiitiniiance and closing of this portion of said stro-et, as herciii rL-,pc)rte(i and d@sc,,rib(-,d. 3. Tltat on the lotli da@, of D(,-c(-,niber, 1989, and on tlie 17th day of 1989, n(,rice of t.he pzesentiiig of tliis appli-cation was piiblished in the Beacoll, a newspaper of general circulatiori in Llie City of Vi.rgiiiia Beacli, VI-rginia. 4. Ttiat the fee siniple owners of all land aloiag and adjacent to and affocted by said portion of the platted street is your Petitioner herein, Charles E. Falk, Sr., and Kathryn L. Falk, Iiis wif(-,. CfIARI( By: 'of Counsel Glenn R. Croshaw, Esq. Lyle, Siegel, Crosliaw & Beale, P.C. Oiie Columbus CenLer, Terith Floor Virginia Beach, Virginia 23462 (804) 490-6000 grc/falk/sc.pet -2- ORDINANCE NO. IN TIIL@ MAT'I'LR OF TIIE CI,OSING, VACATING AtiD DI'SCOkITI@IUING A PORTION OF THik'f CEit'rAIIi Sa-REET, KNO14N AS FERN RIDGE ROAD, AS SHOWN Ul'ON TtiAT CERTAIN PLAT E14TITLED, "RESUBDIVISION Of' PARCELS I AND 2, SOBDIVISION OF' I'L@OPERTY FOR ANLIAR CORP. AND liANAS CORP.", AS SIIJW]Q AS PP@RCF,L I ON TIIE ATIENDEL) PLAT OF APILAR CC)IIP. AND MANAS COI@P., MAP BOOK 73, PACE 11, LYNNIiAVEN BOROU',;H, VIRGINIA BEACH, VIRGINIA, WHICII PLAT IS ATTACliED liERETO. WHEREAS, it appaaring by affidavit that proper notice has been giveri by Charles E. Falk, Sr., th@it lie would make dpl,)li.catic,n to tlie Couiicil c,t the Ci-ty C)f Virginia Beach, Virginia, ori 19-.-, to have tlie hereiriafter described street disconti.iiued, closc-,d, and vacated; and WHERLAS, it is tli,-@ judgittent c)f tlie (,ouiicii tiiat saici strec@t be discoritinued, closed and vacate@d; NOW, TIIEIZEI-'ORE, SECTION I BE IT ORDAINED by the Council of tlie City of Virgiriia Be.ach, Virginia, that ttic, li(,reiiiafter descril-)ed street be discontiiiued, closed, and vacated: ALL tliat certain piece or parcel C)f land b@,ginning at a pin on the south side of Lynnhaven Parkway, approximately 2,049.76 feet from the i.ntersection of Holland Road and Lyxinhaven Parkway, the point of begi.nning, thence runni.ng to the right 08 degrees 57 minutes 112 secoiids along the arc of a circle having a radius of 720.00 feet, an axc dislance of 112.54 feet to a pin; tlience turning aild running South 23 degrees 01 mirlute 56 seconds West, a distance of 17.90 feet to a piii; thence conti.nuilig South 07 degrces 39 minutes 04 sc-@cotids West, 149.86 feet to a pin; thence coiitinuing South 21 degrees 113 ntinutes 04 sc,,conds West, a disrance of 7.15 feet to a pin; ttience turning and runriiiig tiortil 30 degrees 24 riintites 02 seccnds Wcst, a distaiicc@ of 135.58 feet to the point of b(-@giiiriiiicj. -1- All of the al)ove, as shown as "Parcel 1" on that certain plat and r,)hysical survey (-,jiti.tled "Resul)division of Pai:cels I aiid 2, Subdi.vision Of PT(Drei-ty F'or Aiilar ('Orp. anl Marias Corp.", Lynniiaven Doi--cugh, Vi.rginia Beacli, Virgi-iiia, dated 14ovember 1, 10@89, zn(I inade Ly 'ra.Llot & Assc@ciatcls, T-,td, Virginia Bt,-acli, Virgi.iiia. SECTION 11 A certified copy of this Ordinance shall be filed in the Clerk's offi.ce of tlie Ci.rc-uit Court of the City of Virginia Beach, Vi-i.-ginia, ard ijidex@,d iii tli(--, n@inie of tti@, City of Virginia Beac:li as Graiitcr. Adopted: Gplij grc/falk,lsc.ord.no -2- 0 n ,c C\i C\i OD 0 0 C\J . C5 0 r') z OT 0 < (r (D CL (\i z L,J CL Z Lo C\i Cl) Z z 0 < z -OD Z Z LL 'O rf) L@Ll LC) LC) z z Ld z! :E (D n (t rc) -C\j 0 OD L 0 C)6 U) 0 CY) Iz- cw, r, z -a < W u Cr'< LL w (r)- < 0 u 10 Li < LZOL I I 0 m mw< Cr iw 0 z 0- [r z z Li W D -Y a- ft o < LL o 0 M F-0 u ro C\l C\j to (X:) LC) C\i Cli o@ - 33 - Item V-G.4 CONSENT AGENDA ITEM # 32262 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinances authorizing tax refunds in the amount of $4,208.53 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None NO. C. A. 7 12/22/89 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty lnt. Total Year of Tax Nu.ber (ion No. Paid restar Mortgage Corp 89 RE(2/2) 126029-4 8/3/89 24.58 rville E & Thelma Niewoehner 88 RE(1/2) 79747-7 11/25/87 56.24 rville E & Thelma Niewoehner 88 RE(2/2) 79747-7 6/5/88 56.24 rville E & Thelma Niewoehner 89 RE(1/2) 81817-7 12/1/88 58.67 rville E & Thelma Niewoehner 89 RE(2/2) 81817-7 5/11/89 58.67 rville E & Thelnia Niewoehner 90 RE(1/2) 82500-4 11/24/89 62.65 enneth E & Diane Malbon 90 RE(1/2) 68835-9 12/5/89 488.50 ichael D Sifen Inc 90 RE(1/2) 37122-6 12/5/89 24.42 ohn L Murrell 90 RE(1/2) 80968-3 11/30/89 101.62 oore, Moore, Waddell, etc. 90 RE(1/2) 23382-1 10/16/89 34.18 afayette Distributing Co 90 RE(1/2) 62648-9 11/16/89 39.08 ayne Johns & A J Howell 90 RE(1/2) 56182-3 11/29/89 33.89 ra F Burch 90 RE(1/2) 35310-2 11/6/89 89.95 arole T & Kimberly Brinkley 90 RE(1/2) 12943-6 11/24/89 22.47 dward A Tebele etals 90 RE(1/2) 112031-7 12/5/89 151.56 arvin Overfelt 90 RE(1/2) 124431-8 11/24/89 92.82 ffordable Homes Inc 90 RE(1/2) 92r,-8 12/1/89 33.88 inda Gerick 90 Dog V16439 12/5/89 7.00 Total 1,436.42 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,436.- _ were approved by the Council of the City of Virgi'ni'a Beach on the 8 day of -,January 1990 n, Treasurer Approved as to form: Ruth Hodges Smith City Clerk ey M NO. C. A. 7 12/19/89 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total Year of Tax Number tion No. Paid teven E & Mary Ann Lunde 90 RE(1/2) 110297-0 11/14/89 24.92 hn M Peterson 90 RE(1/2) 88768-8 11/14/89 22.47 hn M Peterson 90 RE(2/2) 88768-8 11/14/89 22.47 rank L & Ellin Johnstone 90 RE(1/2) 57022-5 11/7/89 12.22 rgaret Drummond 90 RE(1/2) 31039-1 11/28/89 11723.38 verly Jarrett 90 RE(1/2) 55478-8 11/9/89 46.12 n W Timberlake 90 RE(1/2) 113719-4 12/5/89 46.12 ederick E & Sandra Brooks 85 RE(1/2) 10919-7 12/5/84 46.75 ederick E & Sandra Brooks 85 RE(2/2) 10919-7 6/3/85 46.75 ederick E & Sandra Brooks 86 RE(1/2) 11770-2 12/5/85 47.81 ederick E & Sandra Brooks 86 RE(2/2) 11770-2 6/5/86 47.81 ncy P Hupman N/A Pkng 268816 11/16/89 25.00 W Haywood N/A Pkng 268529 12/5/89 25.00 izabeth S Ward N/A Pkng 259093 10/30/89 25.00 chard A Eldridge 90 Dog V01230 12/7/89 5.00 ncy L Donovan 90 Dog V15860 11/30/89 7.00 Total 2,173.82 This ordinance shall be effective from date of adoption. The above abatement(s) totaling __ ___12, @ 73.8,2 the Counc: - - were approved by il of the City of Virginia Beach on the 8 day OfJanualry 19.90 n, Treasurer Approved as to form: Ruth Hodges Smith City Clerk Leslie L. Lill,-v. (11/t-@A@,r@.y M NO. C. A. 7 12/7/89 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty lnt. Total Year of Tax Nu.ber tion No. Paid leet Mortgage Corp 87 RE(1/2) 12517-1 11/28/87 49.92 leet Mortgage Corp 87 RE(2/2) 12517-1 5/19/87 49.92 leet Mortgage Corp 88 RE(1/2) 12818-2 11/23/87 54.73 leet Mortgage Corp 88 RE(2/2) 12818-2 5/31/88 54.73 leet Mortgage Corp 89 RE(1/2) 13477-1 12/5/88 57.10 leet Mortgage Corp 89 RE(2/2) 13477-1 5/24/89 57.10 eachtree Corp 90 RE(1/2) 87688-7 11/9/89 263.79 irginia West 90 Dog V07025 11/89 2.00 laire Krick 90 Dog V08217 11/89 2.00 homas L Atkinson 90 Dog V08233 11/89 7.00 Total 598.29 This ordinance shall be effective from date of adoption. The above abatement(s) totaling -5-98. 2 9 -- were approved by the Council of the City of V'r'"', a Beach on the 8 day of Ja.."a..y 1990 Treasurer Approved as to form: Ruth Hodges Smith City Clerk Leslie L. Lil torney - 34 - Item V-G.5 CONSENT AGENDA ITEM # 32263 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinances authorizing special tax refunds in the amount of $1,860.99 and upon application of certain persons and upon Certification of the Commissioner of the Revenue. Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 8, 1990 FORM NO C.A, 8 @EV. 3186 @f@@A -TAY, AN ORDINANCE AUTHORIZING L 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: Special @raN That the following applications for refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid F,di,,ewater GniidorLinitur 3615 Atlantic Ave. Vir,@inia Beach, VA 23451 N/A 9/18/89 5,643.25 - 5,643.25 Actual Ta;@ Due: 3,431.26 - 3,431.26 Amurit Overpaid: 2,211.99 8/16/89 5,292.25 - 5,292.25 Actual Tax Due: 5,692.25 - 5,692.25 Ammt Underpaid: 351.00 August 1989: 2,211.99 July 1989: 351.00 IWAL CREDUF DUE: 1,860.99 Certified as to Payment: Commissioner of Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling 860,99 were approved by the Council of the City of Virginia Beach on the 8 day of Januaty 19 90 Ruth Hodges Smith City Clerk - 35 - Item V-G.6 CONSENT AGENDA ITEM # 32264 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED: Ordinances authorizing license refunds in the amount of $4,463.54 and upon application of certain persons and upon Certification of the Commissioner of the Revenue. Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None @O C,- E@ 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 certifir-ation of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total Stripes Beach Inc. 1989 Audit 67.75 67.75 804 Adrian Drive Virginia Beach, VA 23A52 Styles Hairstyling Inc. 3368 Prince John Ct. 1988/89 Audit 233.95 233.95 VirQinia Beach, VA 23452 Universal Promotion Sales Inc. 811 Laurel Avenue 1989 10/89 90.00 90.00 ChesaDeake, VA 23325 Vesely, Linda D. 1989 Audit 336.17 336.17 T/A Poodle Boutique 913 Neotune Avenue virqinia Beach, VA 23464 Certified as to Payment: Rol3ert P. Vaughan Commissioner of the Revenue Approved as to form: L,-.9 1 i (- T,. T. i 1 City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling7 were approved by the Council of the City of Virginia Beach on the@ day of January Ruth Hodges Smith City Clerk @OR- -0 CREV 3- AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONFR 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 Year Paid Base Penalty lnt. Total Parker, Judy K. & Winner, Kay T/A Judy & Kay's Interior Plants lq89 Audit 34.80 34.80 1601 rum Bridqe Road Virginia Beach, VA 23457 Robinson, Doyle C,. 1988/80 Audit 1,011.48 1,011.48 T/A Sav on Carnets 927 Battlefield Blvd. N. ChesaDeake, VA 23320 Rogers, John C. 1987/89 Audit 378.11 378.11 T/A The Plarshalls Hotel P. 0. Box 567 Virqinia Beach, VA 23451 Certified as to Payment: R6bert P. Vaughan Commissioner of the Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1 , 4 2 4 . 3 9were approved by the Council of the City of Virginia Beac:h on the@ day of January 19 90 Ruth Hodges Smith City Clerk IOR- -0 CREV, 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 COUNCFL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the CommissioHer of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty lnt. Total McBride, @4ichael 1983 Audit 100.20 100.20 T/A Delta Plumbinq Ltd. 2413 Casey Court Virqinia Beach, VA 23454 Newman Construction Corr). P- 0. Box 15309 1989 11/13/89 75.00 75.00 Chesaoeake, VA 23320 Oh, Tae Jong 1987/89 Audit 175.75 175.75 T/A Advanced ChiroDractic Health 1846 Delaney Street Virginia Beach, VA 23464 Certified as to Payment: 116bert P. Vaughan Commissioner of the Revenue Approved as to form: This ordinance shall be efiective from date of adoption, The above abatement(s) totaling 3 5 0 . 9 5were approved by the Council 8 January 90 of the City of Virginia Beach on the- day of 19 Ruth Hodges Smith City Clerk FOR. NO CA 8 E@, 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 Commission,r of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total Hannah, Iris C. 1989 9/6/89 30.00 30@00 4541 Wicklow Place g2O2 Virginia Beach, VA 23A52 Kazakis, T. Ross, Dr. 1988/89 Audit 519.17 51q.17 c/o MI/Professional tianagement 154 Newtown Road S-B4 Virqinia Beach, @7A 23462 Latimer Corp., The 1986/88 Audit 21.18 21.lR T/A The Cats Meow 636 Pinev Point Road \Firqinia Beach, VA 23452 Certified as to Payment: Commissioner of the Revenue Approved as to form: City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling -.35 were approved by the Council of the City of Virginia Beach on the8day of January 19 90 Ruth Hodges Smith City Clerk ,OA. .0 C.@@ a AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONF:R OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications fo, license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty lnt. Total All.egro Systems Inc. 1989 Audit 997.96 997.96 T/A Entre ComPuter Center 8717 W. Broad Street Richmond, VA 23229 B & M Inc. 1989 Audit 123.17 123.17 T/A George's Shoe Renair 858 Yorktown Road Pocruoson, VA 23662 Casev, MarV Jane 1989 10/19/89 268.85 268.85 T/A Providence Square Animal Hospital 253 l-,orqe Washinqton Hwy. S, Chesaz)eake, VA 23323 Certified as to Pay Commissioner of tt Approved as to form This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1, 3,9 9 , 9 8were approved by the Council of the City of Virginia Beach on the@ day of ,g go Ruth Hodges Smith City Clerk - 36 - Item V-H. APPOINTMENTS ITEM # 32265 BY CONSENSUS, CitY Council RESCHEDULED APPOINTMENTS: COMMUNITY SERVICES BOARD VIRGINIA BEACH CO*MITY DEVELOPMENT CORPORATION VOLUNTEER COUNCIL - 37 - Item V-H. 1 APPOINTMENTS ITEM # 32266 BY CONSENSUS, City Council CONFIRMED: BOARD OF BUILDING CODE APPEALS Edward R. Orenduff Official Representative Virginia Power Company (unexpired term of William F. Miller thru 12/31/90) - 38 - Item V-I.I. UNFINISHED BUSINESS ITEM # 32267 The foliowing spoke in SUPPORT of the Ordinance: Linwood Branch - President, Virginia Beach Hotei & Motel Association Kal Kassir Chairman, Resort Leadership Council Bill Dillon President, Virginia Beach Chapter of the Restaurant Association Dean Lee - Chairman of the Board, Virginia Beach Council, Hampton Roads Chamber of Commerce. Chamber of Commerce Statement of Position is hereby made a part of the record NO ACTION TAKEN Review and clarification of Item No. 32222, December 18, 1989: AN ORDINANCE TO TRANSFER $300,000 TO PROVIDE ENHANCED NATIONAL MARKETING COMMUNICATIONS SUPPORT. A WORKSHOP with an Ordinance on the FORMAL AGENDA regarding the additional advertising funds will be SCHEDULED for the City Council Agenda of January 22, 1990. - 39 - Item V-J.I. NEW BUSINESS ITEM # 32268 Michael Marks, 1309 Water's Edge Drive, Pho,,: 431-2837, Executive Director - Virginia Beach Center for the Arts. Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED: Resolution of the City COuncil of the City of Virginia Beach supporting the initiative of the Virginia Beach Center for the Arts seeking legislation during the 1990 General Assembly granting it an exemption from retail sales and use taxation. Voting: 11-0 Council Members Voting Aye: Albert W. BalkO, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Ba,bara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I A RESOLUTION OF THE CITY COUNCIL 2 OF THE CITY OF VIRGINIA BEACH 3 SUPPORTING THE INITIATIVE OF THE VIRGINIA 4 BEACH CENTER FOR THE ARTS SEEKING LEGISLATION 5 DURING THE 1990 GENERAL ASSEMBLY GRANTING IT 6 AN EXEMPTION FROM RETAIL SALES AND USE TAXATION 7 WHEREAS, the Virginia Beach Center for the Arts is a 8 private, non-profit, non-stock, Virginia corporation whose 9 purpose is to provide educational and cultural opportunities for 10 the residents and visitors to Virginia Beach in the field of 20th 11 Century Art through exhibitions, lectures, workshops, and the 12 studio arts school; and 13 WHEREAS, the Virginia Beach Center for the Arts 14 receives funding from State, City, and private sources; and 15 WHEREAS, the Virginia Beach Center for the Arts seeks 16 to obtain exemption from the payrnent of retail sales and use 17 taxes from the General Assembly of Virginia pursuant to Virginia 18 Code Section 30-19.05; and 19 WHEREAS, the Virginia Beach Center for the Arts has 20 requested the City Council of the City of Virginia Beach to 21 support its request for exemption from the payment of retail 22 sales and use taxes; and 23 WHEREAS, the City Council has reviewed and considered 24 such request of the Virginia Beach Center for the Arts; 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 That the City Council of the City of Virginia Beach 28 supports the initiative of the Virginia Beach center for the Arts 29 seeking legislation during the 1990 General Assembly granting it 30 an exemption from retail sales and use taxation. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the -8 day of January 1990. 33 LLL/clb 34 01/03/90 35 CA-3592 36 TAXEXEM.RES - 40 - Item V-J.2. NEW BUSINESS ITEM # 32269 Upon motion by Councilman Moss, seconded by Councilwoman Parker: RESCHEDULED: City Council Session, February 19, 1990 (Presidents' Day) to Tuesday, February 20, 1990 Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 41 - Item V-J.3. NEW BUSINESS ITEM # 32270 ADD-ON Upon motion by Councilman Moss, seconded by Councilman Balko, City Council SCHEDULED for the City Council Session of January 22, 1990: Ordinance to Authorize Acquisition of Property in Fee Simple for right-of-way for educational purposes either by agreement or condemnation and to apply for right-of-way thereon (Kempsville School Site). Voting: 11-0 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, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 42 - Item V-K. 1. ADJOURNMENT ITEM # 32271 Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the Meeting at 6:15 P.M. -f B ,e@l 0. H. Chief Deputy City Clerk uth Hodge. Smith, CMC City Clerk City of Virginia Beach Virginia