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MARCH 28, 1988 "I- L3@c-A@t-i "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. JONES, A, L,,g@ VICE MAYOR MEYERA E. OBERNDORF, A@ L.,g, ALBERT W. BALKO, L,@@h.@@ B-.gh JOHN A BAUM, Bi.,k.,@- @@,h ROBERT E FENTRESS, V,,i@i. B,-h @@.gh HAROLD HEISCHOBER, A, L,,, BARBAR,A M. HENLEY, P.@g. B-.-gh REBA S. M,,C[,ANAN, P@-,,, A@., B,@.gh JOHN D. MOSS, K,@,@ill, B-.gh NANCY K PA@ER, A, @,, JOHN L. PEPRY, B.,,id, B,@,h 281 CITY HALL BUILDING MUNICIPAL CENTER AU@ V. WAM, J., CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 234M-@2 J. D@ M@N, (8W) 427-4303 R@H C,,, C- MARCH 28, 1988 ITEM I. CZO WORKSHOP - Conference Room - 3:30 PM ITEM II. CITY MA14AGERIS BRIEFING - Conference Room - 4:30 PM A. VIRGINIA ELBCTRIC AND PCWER COMPANY Conditional Use Permit - Clarification Robert J. Scott, Director of Planning B. PEMBROKE AREA TRANSPORTATION STUDY C. Oral Lambert, Director of Public Works C. DAM NECK ROAD, PHASE I Becky Golden, Department of Public Works D. VDOT PRE-ALLOCATION FUNDING State Highway Projects in Virginia Beach C. Oral Lambert, Director of Public Works ITIM III. COUNCIL COEFERENCE SESSION - Conference Room - 5:45 PM A. CITY COUNCIL CONCERNS ITEM IV. INFORMAL SESSION - Conference Room - 6:00 PM A. CALL TO ORDER - mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. RBCESS TO EXBCUTIVE SESSION ITEM V. CEREMONIAL PRESENTATIONS - Council Chamber 6:45 PM A. TWENTY-FIFTH ANNIVERSARY RBCOGNITION 1. Framed Resolution from the Virginia General Assembly Senator C. A. Holland, MD B. VIRGINIA BEACH SAFETY COUNCIL LIFESAVER AWARDS 1. Steve Bennett Billie M. Reed 2. Tony Autunno Davie W. Graves Ken Jaskolski Delegate H. R. Purkey Brent Streit Perry Tillotson C. RED CROSS AWARDS 1. Ken Jaskolski Brent Streit D. MAURY RIGANTO AWARD 1. Parks and Recreation Student E. RESOLUTIONS IN RECOGNITION 1. ADVERTISING SELE)CTION COMMITTEE Harry B. Price, Jr. 2. BOARD OF BUILDING CODE APPEALS Carl J. Nagle 3. COMMUNITY SERVICES BOARD Andrew T. Carrington James N. Fletcher Franklin Friend Susan McKenry Burke W. Margulies Helen R. Via 4. EASTERN VIRGINIA HEALTH SYSTEMS AGENCY, INC. Linwood S. Leavitt Clyde I. Siler, Jr. 5. FRANCIS LAND HOUSE BOARD OF GOVERNORS Bartow H. "Pat" Bridges John Hodgson 6. PERSONNEL BOARD James A. Evans 7. PUBLIC LIBRARY BOARD Betty Barco Gwendolyn Daniels 8. RESORT AREA ADVISORY COMMISSION Dr. Richard S. Bartley 9. SOCIAL SERVICES BOARD Lee Roy Dixon, Sr. 10. TIDINATER COMMUNITY COLLEGE BOARD Robert T. Mosley, Jr. MD 11. SOUTHIAND CORPORATION, t/a 7-11 Stores F. NATIONAL ORGANIZATION ON DISABILITY AWARD Virginia Beach Mayor's Committee for the Disabled G. PROCIAMATIONS FAIR HOUSING MONTH April 1988 NATIONAL HARMONY WEEK Week of April 11, 1988 PREVENT A LITTER MONTH (SPCA) April 1988 THE WEEK OF THE YOTJNG CHILD April 10-16, 1988 ITEM VI. FORMAL SESSION - Council Chamber - 7:00 PM A. INVOCATION: Frank C. Davis, Director Commodore Chorus B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELEETRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA E. MINUTES 1. COMPREHENSIVE ZONING ORDINANCE WORKSHOP - March 10, 1988 2. INFO@L & FORMAL SESSIONS - March 21, 1988 F. PUBLIC HEARING 1. PLANNING - DEFERRED a. RBCONSIDERATION of Condition No. 4 in the application of NAVPHIBASE Federal Credit Union for a Change of Zoning from R-4 Residential District to 0-1 Office District located on h@e North side of Wishart Road, 420 feet East of Independence Boulevard and running in an Easterly direction a distance of 320 feet more or less, containing 2.7 acres ( Bayside Borough) . This item was DEFERRED INDEFINITELY 11/19/84 and on 12/2/85 APPROVED subject to conditions and on 12/9/85 correction made to Condition 4. Reconsideration was deferred February 29, 1 988. Recommendation: Condition 4 be waived or time limit be extended b. Application of William and Dale Drinkimter for a Change of Zoning from R-8 Residential District to 0-1 Office District on @t 2 and 1/2 of Lot 4, Block 55, Virginia Beach Develolxnent Company (500 23rd Street), containing 7,150 square feet (virginia Beach Borough). DEFERRED-. 2/22/88 Recommendation: DENIAL c . Application of National Beach Corporation and George F. and Frances M. Phillips for a Change of Zoning from R-3 Residential District to A-1 Apartment District at the northwest corner of Pinewood Drive and Holly Road on Lots 82 and 82, Linkhorn Park, containing 2.44 acres (Lynnhaven Borough). DEFERRED: 2/1/88 Recommeridation: DENIAL d. Applications of Devon Hollomay on property 200 feet more or less West of South Birdneck Road beginning at a point 670 feet South of Beautiful Street (309 South Birdneck Road), containing 32,670 square feet (Lynnhaven Borough): Variance to Section 4.4(b) of the Subdivision Ordinance that all lots created by the subdivision must meet all requirements of the zoning ordinance; AND, Change of Zoning from 1-1 Light Industrial District to R-5 Residential District, 32,670 square feet. DEFERRED: 1/11/88 @ 3/14/88 Recommendation: APPROVAL 2. PUMING a. Application of Potter Properties for a Variance to certain elements of the Subdivision Ordinance, that all lots created by subdivision have direct access to a public street, on property located on the North side of Laskin Road, 254.63 feet West of Winwood Drive (1550 Laskin Road), (Lynnhaven Borough). Recommendation- APPROVAL b. Application of Angus and Marjorie Clark and Teahmon and Evelyn Cravener for a Variance to certain elements of the Subdivision Ordinance, that all lots created by subdivision meet the requirements of the ordinance, on property located at the Southwest intersection of Braddock Avenue and @keview Drive (Lakeview Shores), (Bayside Borough). Recommendation: APPROVAL C. Application of lbe Christ oc)mmunity Church for a Conditional Use Permit for a church located at the Northeast intersection of Salem Road and Proposed Lynnhaven Parkway, containing 5.439 acres (Kempsville Borough). Recommendation: APPROVAL d. Application of Gift of Life Outreach for a Conditional Use Permit for a church located on the West side of Seaboard Road, .3 mile more or less North of Princess Anne Road (2329 Seaboard Rc)ad), containing 2.95 acres (Princess Anne Borough). Recommeridation: APPROVAL e. Application of Main Corp., a Virginia corporation, for a Conditional Use Permit for a bulk storage yard located on the South side of Virginia Beach ]3oulevard, 759.65 feet West of the intersection with the Norfolk-Virginia Beach Expressway, containing 2.586 acres (Lynnhaven Borough). Recommendation: APPROVAL f . Application of Paul Kyrus and ldchael Xystrou for a Conditional Use Permit for a temporary parking lot located at the Northeast corner of Atlantic Avenue and 31st Street, containing 1.03 acres (Virginia Beach Borough) Recommendation: APPROVAL g. Application of Benny L. Banne=an, Jr. for a Conditional Use Permit for a bulk storage yard (boats) located on Lots 6, 7, 8 7nd 9, Block 26, at the Northeast corner of Shore Drive and Roanoke Avenue, containing 26,724.06 square feet (Bayside Borough). Recommendation: APPROVAL h. Application of Julian B. and Geraldine Porter, Sr. for a Conditional Use Permit for a family care horne located on the East side of Aquamarine Drive, 319.09 feet south of Tiffany Lane (1764 Aquamarine Drive), containing 5,000 square feet (Kempsville Borough). Recommendation: APPROVAL i. Applications of Joseph Lust on property located on the Southeast corner of Northampton Boulevard and Shell Road, containing 32,670 square feet more or less (Bayside Borough): For a Change of Zoning from R-3 Residential District to 0-1 office District; AND, For a Conditional Use Permit for a personal service establishment. Recommendation-. APPROVAL j. Applicatioris of Bellamy Square, Inc. for Changes of Zoning: From R-6 Residential District to B-2 Community-Business District on property located on East side of Princess Anne Road at the intersection with Providence Road, containing 19.05 acres (Kempsville Borough); AND, From R-6 Residential District to 0-1 Office District on property located on the East side of Princess Anne Road at the intersection with Providence Road, containing 7.75 acres (Kempsville Borough). Recommendation: DENIAL k. Application of Oc)astal Marketing Group, Inc. for a Change of Zoning from R-7 Residential District to A-4 Apartinent District on property located on the North side of 27th Street, 50 feet Fast of Baltic Avenue, containing 32,060.16 square feet (virginia Beach Borough). Recommendation: DENIAL 1. Application of TUMF Development Corp. for a Conditional Use Permit for a 120 bed nursing home located at the lbrtheast intersection of Newtown Road and Daniel Smith Road, containing 3.4888 acres (Bayside Borough). Recommendation: DENIAL G. ORDINANCES 1. Ordinance upon SBCOND READING directing the Departinent of Finance, Purchasing Division, to Reject the Proposal Received from Virginia Beach lafesaving Services, Inc -in response to RFP #9984; AUthorizing the City of virginia Beach to provide Municipal Lifeguard Services, and Mnicipal Beach Equipment Rental Services where Authorized, along certain portions of the Public Beach, adjacent to the Atlantic Ocean, known as Fort Story, the Resort Area (from 40th Street to Rudee Inlet) , Croatan, and Camp Pendleton; Appropriating $491,308 in FY 1987-1988 for the initiation of said Municipal Services, supported by $100,000 to be generated by revenues derived from the Rental of Beach EquiEment, with the remainder of $391,308 to be appropriated as a loan froin the General Fund balance; and, Authorizing the Adjustment of Parks and Recreation's FY 1988-1989 OPERATING BUDGET by the creation of an Eaterprise Fund to support the FY 1988-1989 Cost of Providing Said Municipal Services. 2. ordinance Authorizing the City of Virginia Beach to Grant a Franchise to H[qC Investments to Operate an Open Air/Boardwalk Cafe' Subject to the Conditions contained and/or referenced in said ordinance. 3. Ordinance to AMEND and REORDAIN Chapter 10, Section 10.2 of the Code of the City of Virginia Beach, Virginia, pertaining to Election Districts and Voting Places within the city of virginia Beach. H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If any item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. RESOLUTIONS IN RECOGNITION Betty Barco Linwod S. @avitt Dr. Richard S. Bartley Susan McKenry Bartow H. "Pat" Bridges Burke W. Margulies Andrew T. Carrington Robert T. Mosley, Jr. M.D. Gwendolyn Daniels Carl J. Nagle Lae Roy Dixon, Sr. Harry B. Price, Jr. James A. Evans Clyde I. Siler, Jr. James N. Fletcher Southland Corporation, t/a 7-11 Franklin Friend Helen R. Via John Hodgson 2. AURHORIZE the City Manager to proceed with completion of final design, acquisition of right-of-way and commencement of construction for the DaLm Neck Road, Phase I, project (CIP 2-039). I. UNFINISHED BUSINESS ,J. NEW BUSINESS K. ADJOLIRNMENT 1988/1989 FY OPERATING BUDGET PRESENTATION BY CITY MANAGER AUBREY V. WATTS, JR. 4;00 PM MARCH 31, 1988 WORKSHOPS COUNCIL CONFERENCE ROOM 4:-7:00 PM APRIL 14 & 21, 1988 PUBLIC HEARING Princess Anne High School 7:00 PM APRIL 28, 1988 RBCONCILIATION WORKSHOP COUNCIL CONFERENCE ROOM 4:-7:00 Pr4 MAY 2, 1988 FIRST READING: MAY 9, 1988 SBCOND READING: MAY 16, 1988 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 28, 1988 The COMPREHENSIVE ZONING ORDINANCE WORKSHOP of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, March 28, 1988 at 3:30 P.M. Council Members Present: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: Vice Mayor Meyera E. Oberndorf (ENTERED: 3:40 P.M.) John A. Baum (ENTERED: 3:42 P.M.) - 2 - C I T Y M A N A G E RIS b R I E F I N G VIRGINIA ELECTRIC AND POWER COMPANY CONDITIONAL USE PERMIT - CLARIFICATION 5:15 P.M- ITFM # 29048 On February 8, 1988, the City Council APPROVED a Conditional Use Permit for VIRGI)iIA ELECTRIC AND POWER COMPANY with certain conditions. The City staff requested clarification of Conditions 2, 4 and 5: 2. The substation shall be surrounded by a wall, solid, except for entrances and exits; and, if a fence is used, screening hedge of thirty or more feet in height consisting of appropriate categorical plantings. 4. Leave corner treed on temporary area with a ten foot (101) buffer of existing trees around the perimeter of the property on those portions adjacent to established homes on the northwestern and northeastern side of the property. 5. Buffering shall also be installed along London Bridge Road. Category III buffering shall be interpreted as Condition No. 2. Condition No. 4 means leave the trees, that exist presently, in place to the maximum extent possible. If it is not necessary to utilize the temporary road into the site, the lot can remain even more treed. Councilwoman McClanan advised the access road would cut out many of those trees along London Bridge Road, so to the extent that these trees must b, r,,oved, they are to be replaced with some type of buffering. - 3 - C I T Y M A N A G E R'S B R I E F I N G V-DOT PRE-ALLOCATION FUNDING STATE HIGHWAY PROJECTS IN VIRGINIA BEAGH 5:20 P.M. ITEM # 29049 C. Oral Lambert, Director of Public Works, advised the Virginia Department of Transportation has SCHEDULED its annual Pre-Allocation Hearing for March 30, 1988. Oral Lambert had received indications that V-DOT is prepared to accept additional projects for the City of Virginia Beach within their Six-year Plan. The V-DOT has asked that the City request projects which can be SCHEDULED for the outer years of the Planning Period. SALEM ROAD Between Ferrell Parkway and Elbow Road. PROVIDENCE ROAD PHASE V From Kempsville Road to Princess Anne Road KEMPSVILLE ROAD PHASE III From Centerville Turnpike to the Chesapeake City Line InIAN RIVER ROAD PHASE VI From Lynnhaven Parkway south to Elbow Road. C. Oral Lambert would propose requesting V-DOT to establish a project for improving the intersection of Indian River Road and Interstate 64. Some improvements are planned at that intersection with the HOV project for I-64; however, they are interim at best, and V-DOT has indicated an independent interstate project for that interchange could be requested. Councilwoman Henley advised Providence Road has been controversial in the past. As Indian River Road has become increasingly worse, could these be interchanged. Indian River Road would be built and Providence Road should be followed through in the Regular CAPITAL IMPROVEMENT PROGRAM. Indian River Road is not now in the backlog. This is a major east/west CORRIDOR. Oral Lambert advised these four projects be taken to the State as four projects. lihen the CIP is revised this Spring, the priorities can be addressed and next year the City can request the V-DOT to readdress these priorities. Vice Mayor Oberndorf advised of pressure from residents of Stratford Chase for that last 2,000 feet of Indian Lakes Boulevard to be completed. - 4 - C I T Y M A N A G E R'S B R I E F I N G DAM NECK ROAD, PHASE I 5:30 P.M- ITEM # 29050 Becky Golden, the Project Engineer, reviewed the comments of the PUBLIC HEARING relative Dam Neck Road, Phase I held on October 14, 1987. ApproximatelY 33 people attended, four of whom spoke on subjects of special concern. Five letters were received and included in the official record This project will provide a six-lane divided arterial highway along a new alignment from General Booth Boulevard to Gallery Drive and a four lane divided arterial from Gallery Drive to Holland Road, a distance of approximately 23,000 feet, with a bikeway. Provisions are made for future expansion to six lanes in the median. It is also a parkway facility with a scenic buffer, and limited access for signalization progression. This project will be an alternate route for traffic currently using London Bridge Road, Shipps Corner Road, and General Booth Boulevard. Edward Bourdon representing Mrs. Brown expressed concerns at the Public Hearing. The Brown property is a large tract on the east side of London Bridge Road and a smaller tract on the west side of London Bridge Road. Edward Bourdon's first question involved access to the smaller parcel, 2.3 acres, next to the Lake Placid subdivision. A connection of Moon Valley Drive was shown at the Public Hearing. A joint access arrangement for the Brown parcel was depicted with the extension of Moon Valley Drive. Tf Moon Valley is extended as is being recommended, this parcel should have an access off the street connection to maintain the criteria of the flow of traffic consistent along this project area. Attorney Bourdon also requested Dam Neck Road be shifted south to align with the existing HRSD Force Main. If the alignment was shifted south to line up with the force main, it would require an additional 1,000 feet of relocation of this force main and bring the roadway closer to the homes of Enchanted Forest Lane, as well as imposing a curve along this intersection. The cost for this additional 1,000 feet of HRSD Force Main is approximately $400,000. Attorney Bourdon was also concerned that this parcel would not have access to the SOUTHEASTERN EXPRESSWAY, should it go through. As part of the criteria, if a large parcel has access to another major roadway i.e, London Bridge Road because Dam Neck Road is going to be the main thruway, the City would not allow other access or intersection points onto Dam Neck Road. The parcel to the south has access onto London Bridge Road and will be provided access with that project. The citizens of Lake Placid did not want the connection of Moon Valley Drive extended to Dam Neck Road. The Fire Departinent, Police and Emergency Medical Services support this connection because it decreases the response time. Oral Lambert advised the SOUTHFASTERN EXPRESSWAY interchange depicted as a possibility at London Bridge Road is still somewhat tentative If not, there will still most likely be one with Dam Neck Road. Councilwoman McClanan referenced the AUTHORIZATION of the City Manager to proceed with completion of final design, acquisition of right-of-way and commencement of construction for the Dam Neck Road, Phase I, project (CIP 2- 039). (See Item VI-H.2 of the CONSENT AGENDA.) Councilwoman McClanan will request the DEFERRAL of this item due to concerns relative Moon Valley Drive as it is a cul-de-sac. - 5 - C I T Y M A N A G E R'S B R I E F I N G PEMBROKE ARFA TRANSPORTATION STUDY 5:50 P.M. ITEM # 29051 C. Oral Lambert, Jr., Director of Public Works, advised in 1981, the Planning Department initiated an in-house evaluation of development impacts on the traffic in this Pembroke Area. As a result, a PEMBROKE AREA TRANSPORTATION SYSTEM TASK FORGE was appointed by City Council in 1982. This eventually resulted in the SOUTHEASTERN VIRGINIA DISTRICT PLANNING COMMISSION publishing a report relative a Transportation Study in May 1983. The formation of a Central Business District Association occurred in 1986. The Central Business District Association has commissioned a study of this area to a Consultant Firm known as EDAW. It is now estimated the project cost of the Constitution Drive Extended will approach $35-MILLION, which is representative of a substantial increase over what was originally anticipated. The project, as now proposed, will provide an additional north-south corridor considered essential to the area; however, the impact on the neighborhoods and park facility will be substantial. The Departments of Planning and Public Works propose that a Comprehensive Analysis of Transportation needs in the Pembroke Area be conducted. The Pembroke Study area shall be defined as the area bounded to the north and east by Thalia Creek, the south by Edwin Drive and to the west by Witchduck Road. This area is bisected by the City's two primary arterials, Virignia Beach Boulevard and Independence Boulevard. Oral Lambert reiterated the TASKS of this Study: TASK I REVIEW PREVIOUS STUDIES TASK II DATA COLLECTION TASK III REVIEW EXISTING AND PROPOSED LAND USE TASK IV IDENTIFICATION AND ANALYSIS OF ALTERNATIVES TASK V PRELIMINARY DESIGN TASK VI EXPECTED PRODUCT The COMPREHENSIVE ANALYSIS OF TRANSPORTATION NEEDS IN THE PEMBROKE AREA would include the examination of the following issues: 1. The transportation needs of the area in conjunction with the proposed Central Business District. 2. The role the Tidewater Rapid Transit proposed light rail system will have in addressing Pembroke area traffic problems. 3. The type of ir-qprovement that are needed for the Pembroke area, i.e, should grade-separated interchanges be constructed at major intersections or should an alternate parallel facility be constructed? 4. What impacts will any improvements have on the residential and business community? What measures should be taken to mitigate these impacts? It is anticipated that this analysis will cost approximately $150,000. Funding for this study can be provided from CIP 2-007, Constitution Drive. This study will produce a working product. 6 - ITEM 29052 The CITY COUNCIL CONCERNS of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, March 28, 1988 at 6:13 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 7 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 29053 Bartow (Pat) H. Bridges, Jr., Chairman, City's Appearance Task Force, had presented their report on Monday, March 21, 1988. The Mayor advised in pursuing the report he identified 86 proposals and was particularly interested in those items which had impact on the Budget. The Mayor referenced the proposal to co-ordinate a survey with Virginia Tech on the visual impact of the City. The Mayor suggested a base line analysis and requested the City Manager have Louis Cullipher discuss with Virginia Tech the funds entailed by such a project. The City Staff will report to City Council the third Meeting in May. - 8 - ITEM # 29054 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, March 28, 1988, at 6:18 P.M. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 9 - ITEM # 29055 Mayor Robert G. Jones entertained a motion to permit City Council to conduct its MCUTIVE SFSSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Moss, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 10 - Item V-A. PRESENTATION ITFM # 29056 Senator C. A. Holland presented a Framed Resolution, SENATE JOINT RESOLUTION 85, from the Virginia General Assembly to the City Council Commending the City of Virginia Beach on its TWENTY-FIFTH ANNIVERSARY. This Resolution has been signed by the entire Virginia Beach General Assembly Delegation. I Item V-A. 1 . PRESENTATION ITEM 29057 ADD-ON Councilwoman McClanan recognized the SELECTION OF STUDENT WINNERS relative the LOGO for the TWENTY-FIFTH ANNIVERSARY CELEBRATION. HONORABLE MENTION Kathy Richmond Bayside High Grade 11 Laura Spitzli Kellam Grade 12 Tricia Odom Princess Anne Grade 12 Rick Willis Bayside Junior Grade 9 Roberta Placides Kempsville Grade 12 THIRD PLACE Kathy Williams Princess Anne Grade 12 SECOND PLACE Rocky Ostrum Bayside Junior Grade 9 FIRST PLACE Jason Schugardt Cox High Grade 12 The following Cash Prizes will be AWARDED: HONORABLE MENTION $ 50-00 THIRD PRIZE $100.00 SECOND PRIZE $150-00 FIRST PRIZE $250-00 Councilwoman McClanan recognized Dorothy Barber, Director of Community Relations; Stephena Runyard, Instructional Specialist in Fine Arts; Bill Moosha, Principal of VOTECH; Judy Doyle, Teacher - Advertising Design; and, Bill Peachy, Supervisor for Student Activities - 12 - Item V-B. VIRGINIA BEACH SAFETY COUNCIL LIFESAVER AWARDS ITEM # 29058 Mayor Robert G. Jones PRESENTED VIRGINIA BFACH SAFETY COUNCIL LIFESAVER AWARDS to: Steve Bennett Billie M. Reed Steve Bennett saved eight year old Jennifer Laporte on January 17, 1988. Jennifer had been playing on ice when suddenly the ice broke, submerging her in the icy water. Billie M. Reed jumped into 48 degree water to rescue a young man in a canal. CERTIFICATES in connection with the rescue of the young man were also awarded to: Tony Autunno Davie W. Graves Ken Jaskolski Delegate H. R. Purkey Brent Streit Perry Tillotson SAFFwTl'- COUI\ICIL lk9floom al V,e,g,-gal ,ynai(ed@ XrIRGINLk IIEik(@ll I,IFE,,S2kNT@,R Oil January 31, 1988.Wialc vialtliig witli ii rglctki OilI.CCIAWd Sill$fC I)fi%v.llilhc @l.Itcedavs ldunucd by a wuiiuut at ilic duur t)tut u c34r AUti lik diC ISCSIlby CUJUit. Utbil litill wull nccgktl @ir. l(ccd ruji u@ Llic ruall. dinalgli it )-Ultl liski til dic Lujud. Aixnit firkcca feet ixot @ a imibLucyged ow wilit ULII ligilt,4 t4ull oj)cglktjkble. wltjl(xit licnitntligi. Nir. lircti resuto%vd )Ii% %litka juidjwtii)cd Lii tlic it.-y %%-uicr. An tlic t,-tir %%-u-cts silitkiiig lit tlic iiititl Mr l(ced swairlical die cur widi W* fccl ArW scv" uttceiil)tp, filuilly \Ir. ltceti lix-iticil tlie )-inioig iitnit. 4asul wills licils, gtot blill sacly to ldiurc.llic VICUIII %us 4.'YUIltjtlc Lutil itot litcliflailig. ()tllciw %tiilt4:41 bir. l(ced ctidluigciv(l ltiti lifcjtiliil)lllg littio itilit %%-ullilig llf%Klli(I iii fisily.ijit,: drgice, uiifuwlli" Wu(" at itiglit. .Y.-$ leili..),Ion le-i* made ,y (4ilteircl, -YAtive ca lenla nd Ilie s ralollar @c.4 YO/aVy @mtvl 10 4 /$el iw -#/,; 5rrx@, CM 140@do .v cts/ ,o -,)$ 14e wwt c/cui !I@id, ome l@ndnin*,4mmAedamd Ai. SAF- COUI\ICIL atlk*Aom glie@Aoien4 9,4a llwome.(g 'ye, 9A a 1 'Lk BEtkCH I,IFEStkVER VI,RGFN ;On 17. lift at al)p@lwtcly 3.00 iiill. c it ),C" 14ii Jcsudfcr IAIW"C $if d$Ck'tbf@. #Vh* lice In ii siniggiloig lit dic -A-UICC for iititluteu wul ^i&% litilig tcw Ikistictt woo wulkiligA itis llit&'A ire nixl ifiratit cidw R"tg ilw ljitu dtc lt.-y %-uicr, ftillv CifitliciL aimi igillcd.irsinircr tu "U%Vti.lciili@je% l ire..%Ir. II, iuwt. %tt" trcntcd v llt)rtcti too lxigli @Ictiltjr:"l lliO4lltul VAIII@cillia flinit ,ct 1 le') It I 0 n Yiaoe cam.)Odlg~ lolie#.s /o if M44 ,Aalontantil.40.) lollae Ii's *a V im;l @ C4 @Cil 5rrxed, on 1,40@d'ay v/' 1. / //#o 6wi clcwi Y,'oid, Pne 1.4 ndmine .4mp"odand lr - 13 - Item V-C. 1 . RED CROSS AWARDS ITEM # 29059 RED GROSS AWARDS were presented to: Ken Jaskolski Brent Streit Edna Schweitzer Health Services Chairman, Tidewater Chapter of the AMERICAN RED CROSS presented these AWARDS for their administration of CPR on the young man in the creek at Broad Bay Island. Ken Jaskolski was presented the "CERTIFICATE OF RECOGNITION". His name has been submitted for the NATIONAL MERIT AWARD. - 14 - Item V-D. 1 . MAURY RIGANTO AWARD ITEM # 29060 This AWARD was DEFERRED to the City Council Meeting of April 25, 1988. 1 5 Item V-E. RESOLUTIONS IN RECOGNITION ITEM # 2go6i Mayor Robert G. Jones PRESENTED RESOLUTIONS IN RECOGNITION to: ADVERTISING SELECTION COMMITTEE Harry B. Price, Jr. BOARD OF BUILDING CODE APPFALS Carl J. Nagle COMMUNITY SERVICES BOARD Andrew T. Carrington Franklin Friend Susan McKenry Burke W. Margulies Helen R. Via EASTERN VIRGINIA HEALTH SYSTEMS AGENCY, INC. Linwood S. Leavitt Clyde I. Siler, Jr. FRANCIS LAND HOUSE BOARD OF GOVERNORS Bartow H. "Pat" Bridges James N. Fletcher John Hodgson PERSONNEL BOARD James A. Evans PUBLIC LIBRARY BOARD Betty Bareo Gwendolyn Daniels RESORT AREA ADVISORY COMMISSION Dr. Richard S. Bartley SOCIAL SERVICES BOARD Lee Roy Dixon, Sr. TIDEWATER COMMUNITY COLLEGE BOARD Robert T. Mosby, Jr. MD SOUTHLAND CORPORATION, t/a 7-11 Stores Thomas O'Keefe Marketing Manager - 16 - Item V-F. PRESENTATIONS ITEM # 29062 NATIONAL ORGANIZATION ON DISABILITY AWARD Susan Thomas, President of the NATIONAL ORGANIZATION ON DISABILITY presented a Plaque accompanied by a check for $1,000 to Mayor Jones and Steve Johnson, Chairman of the Mayor's Committee for the Disabled. This was presented in recognition of outstanding efforts relative DISABILITY particularly in the area of handicapped parking. - 17 - ITEM V-G. 1 . PROCLAMATIONS ITEM # 2go63 Mayor Jones PROCLAIMED the month of April 1988 as: FAIR HOUSING MONTH Melissia Lee and Claudia Gooch ACCEPTED this PROCLAMATION. This PROCLAMATION recognized fair housing as the policy of the City of Virginia Beach and implementation of that policy requires the positive commitment, involvement and support of each one of the citizens. rortumati &on WHEREAS, the strength of our nation and all of its states f lows from the promise of individual equality and freedom of choice; and WHEREAS, the twentieth anniversary of the National Fair Housing Law, Title VIII of the Civil Rights Act of 1968, being celebrated during the month of April, is an occasion for Americans--individually and collectively--to rededicate themselves to the principle of freedom of choice and to participate in efforts to eliminate vestiges of housing discrimination wherever they exist; and WHEREAS, this law guarantees for each citizen that critical, personal element of freedom of choice selection of a home and provides the opportunity to broaden the protection of the beliefs upon which our Nation was founded; and WHEREAS, fair housing is the policy of the City of Virginia Beach, and implementation of that policy requires the positive commitment, involvement, and support of each one of our citizens; and WHEREAS, the City of Virginia Beach provides leadership in the effort to make fair housing not just an idea, but an ideal for all our citizens; and WHEREAS, barriers that diminish the rights and limit the options of any citizen will ultimately diminish the rights and limit the options of all. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim the month of April 1988 as FAIR HOUSING MONTH in Virginia Beach and request all citizens to join in reaffirming the obligation and commitment to fair housing opportunities for all. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach, Virginia, to be affixed this tenth day of February, nineteen hundred and eighty-eight. Robert@G. J@-es M\ayoi - 18 - Item V-G.2. PROCLAMATION ITEM # 29064 Mayor Jones PROCLAIMED the Week of April 11, 1988 as: BARBERSHOP HARMONY WEEK Gene Hammond, Chapter President, of the Norfolk Chapter of Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America ACCEPTED this PROCLAMATION. Gene Hammond PRESENTED the Mayor with two tickets to "SUMMER SOUNDS" an Evening of Barbershop Harmony at the Norfolk Center Theater on April 9, 1988. 0 riariamattiatt WHEREAS, in April 1938 two businessmen from Tulsa, Oklahoma were stranded in Kansas City when bad weather closed the airport. They became acquainted and discovered their mutual enjoyment of singing barbershop harmony; and WHEREAS, the Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America (S.P.E.B.S.Q.S.A.), which began as a small group fifty years ago, has steadily blossomed into the largest male singing organization in the world with 38,000 members in 825 chapters, with more than 2,000 quartets and 800 choruses world-wide; and WHEREAS, the Society is dedicated to sustaining and preserving an American tradition, the barbershop quartet. They provide entertainment in their com- munities by giving more than 100,000 man-hours per year to local causes such as singing for churches, schools, hospitals and retirement homes as well as providing support for the Institute of Logopedics in Wichita, Kansas, which aids children and adults afflicted with speech defects. Their slogan is "We sing . . . that they shall speak." @ WHEREAS, the Norfolk Chapter of S.P.E.B.S.Q.S.A., home of the Commodore Chorus, meets in Virginia Beach; has members from Norfolk, Virginia Beach, Chesapeake, and Portsmouth; and was named the Intermediate Chorus Champion of the Mid Atlantic District; and WHEREAS, the week of April 11, 1988 marks the 50th Anniversary of the Society, and barbershop singers across North America will lift their voices in simultaneous four-part harmony to celebrate the golden anniversary of the Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim the Week of April 11, 1988 as BARBERSHOP HARMONY WEEK in Virginia Beach and extend best wishes to the Norfolk Chapter of the "Barbershop Quartet Society" for continued success in promoting fellowship and harmony in our communities. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach, Virginia, to be affixed this twenty-eighth day of March, nineteen hundred and eighty-eight. Robert G. Jones Mayor - 19 - Item V-G.3. PROCLA14ATION ITF14 # 29065 Mayor Jones PROCLAIMED the Month of April 1988 as: PREVENT A LITTER MONTH Susan Wagner - Virginia Beach S.P.C.A. and Connie C. Wallaert - Tidewater Humane, Inc. ACCEPTED this PROCLA14ATION. This PROCLA14ATION recognized the pet overpopulation problem can be solved only by active promotion of pet owner responsibility that includes spaying and neutering of pets, proper care and sheltering of pets, and compliance with animal control regulations. rortamati & on WHEREAS, the irresponsibility of some dog and cat owners in allowing uncontrolled breeding of their pets has created a pet overpopulation problem in Virginia Beach; and WHEREAS, the pet overpopulation problem resulted in the destruc- tion of over 9,000 dogs and cats in Virginia Beach in 1987; and WHEREAS, the pet overpopulation problem results in other cruelties to pets caused by neglect, such as abandonment, starvation, and injury; and WHEREAS, the cruelties inflicted on pets result not only in lost animal lives but also in lost resources spent in our community to shelter neglected and displaced pets; and WHEREAS, the pet overpopulation problem can be solved only by active promotion of pet owner responsibility that includes spaying and neutering of pets, proper care and sheltering of pets, and compliance with animal control regulations; and WHEREAS, the people of virginia Beach should commit themselves to preventing the needless destruction of pets by practicing responsible pet ownership and by spaying and neutering pets as a means of combatting the problem of pet overpopulation; NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim the month of April 1988 as PREVENT A LITTER MONTH in Virginia Beach and urge citizens to prevent the needless suffering and destruction to our community's pets by being a responsible pet owner and realizing what will happen to other animals if you neglect to spay or neuter your pet. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach, Virginia, to be affixed this twenty-eighth day of March, nineteen hundred and eighty-eight. Robert G. Jones Mayor - 20 - Item V-G.4. PROCLA14ATION ITIN # 2go66 Mayor Jones PROCLAIMED April 10-16, 1988 as: THE WEEK OF THE YOUNG CHILD This PROCLA14ATION recognized child care services and providers as the major determinants of child care quality and as such are responsible for our children's futures; however, they represent one of the most poorly understood and least rewarded of all professions. This PROCLAMATION was ACCEPTED by Nancy Guarneiri, Educational Co-ordinator, Tidewater Community College and Carol Kownack, Early Childhood Education Teacher. Ott WHEREAS, each day in our community thousands of parents place their infants and young children--our nations most precious resource--in the hands of child care providers in ever increasing numbers; and WHEREAS, an increased participation of women in the workforce will continue to heighten the demand for child care during the working hours. By 1990, 80% of mothers with pre- school age children will be in the workforce; and WHEREAS, all children deserve quality child care; and WHEREAS, child care services and providers are the major determinants of child care quality and as such are respon- sible for our children's futures; however, they represent one of the most poorly understood and least rewarded of alll professions; and WHEREAS, as part of public television's Child Care America outreach project, the Tidewater Association for Early Childhood Education is planning special activities to honor child care providers and to call attention to the importance of quality child care. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim April 10-16, 1988, as THE WEEK OF THE YOUNG CHILD in Virginia Beach and urge all citizens to join with me in expressing our appreciation to child care providers for their commitment to the care and education of today's young children and to join me in honoring these professionals. Rob nes 0. 0 -yor - 21 - F ORM A L S E S S ION VIRGINIA BEACH CITY COUNCIL March 28, 1988 8:00 P.M. Mayor Robert G. Jones called to order the FORMAL SFSSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, March 28, 1988, at 8:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Frank C. Davis, Director Commodore Chorus PLEDGE OF AIJEGIANCE TO THE FLAG OF THE UNITED STATES OF @ICA - 22 - ADOPTION OF ITEMS Item VI-D.l. ITEM # 2go67 The City Clerk advised of a CORRECTION in the City Council AGENDA of March 28, 1988. There were two applications of NATIONAL BEACH CORPORATION. The Ordinance upon application of National Beach Corporation for a Change of Zoning District Classification from R-1 Residential District to A-1 Apartment District on the north side of Pinewood Hoad, 270 feet more or less west of Holly Road was OMITTED. (See Item VI-F.l.c. of the PLANNING AGENDA.) Item VI-D.2 ITEM # 29068 Councilwoman McClanan referenced AUTHORIZATION of the City Manager to proceed with completion of final design, acquisition of right-of-way and commencement of construction for the Dam Neck Road, Phase I, project (CIP 2-039). (See Item VI-H.2 of the CONSENT AGENDA). This item will be MOVED FORWARD before the PLANNING AGENDA to be voted upon for DEFERRAL. BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. - 23 - Item VI-E.1 MINUTES ITEM # 29069 Upon motion by Councilman Moss, seconded by Councilman Balko, City Council APPROVED the MINUTES of the COMPREHENSIVE ZONING ORDINANCE WORKSHOP of March 10, 1988 and the INFORMAL & FORMAL SESSIONS of March 21, 1988. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum,* Robert E. Fentress*, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones,* Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker" and John L. Perry* Council Members Absent: None *Verbal Aye - 24 - Item E.3. ANNOUNCEMENT ITEM # 29070 Mayor Jones RECOGNIZED BOY SCOUT TROOP 493 sponsored by the Wycliff Presbyterian Church. Wayne Richardson is their Scout Master. - 25 - Item VI-F.1/2. PLANNING ITEM # 29071 Mayor Robert G. Jones DECLARED a PUBLIC HFARING on: PLANNING F.l. DEFERRED a. NAVPHIBASE FEDERAL CREDIT UNION RECONSIDERATION OF CONDITION b. WILLIAM AND DALE DRINKWATER CHANGE OF ZONING c. NATIONAL BFACH CORPORATION CHANGES OF ZONING AND GEORGE F. AND FRANCES M. PHILLIPS d. DEVON HOLLOWAY VARIANCE AND CHANGE OF ZONING F.2. a. POTTER PROPERTIES VARIANCE b. ANGUS AND MARJORIE CLARK AND VARIANCE LF,AHMON AND EVELYN CRAVENER c. THE CHRIST COMMUNITY CHURCH CONDITIONAL USE PERMIT d. GIFT OF LIFE OUTRFACH CONDITIONAL USE PERMIT e. MAIN CORPORATION CONDITIONAL USE PERMIT f. PAUL KYRUS AND MICHAEL XYSTROIJ CONDITIONAL USE PERMIT g. BENNY L. BANNERMAN, JR. CONDITIONAL USE PERMIT h. JULIAN B. AND GERALDINE PORTER, SR. CONDITIONAL USE PERMIT i. JOSEPH LUST CHANGE OF ZONING & CONDITIONAL USE PERMIT j. BELLA14Y SQUARE, INC. CHANGES OF ZONING k. COASTAL MARKETING GROUP, INC. CHANGE OF ZONING 1. HCMF DEVELOPMENT CORPORATION CONDITIONAL USE PERMIT - 26 - Item VI-F.I.a. PUBLIC HEARING PLANNING ITEM # 29072 Eleanor J. Field, 1321 Mill Dam Road, Phone: 481-3998, Chairman of the Board of the Amphibious Base Federal Credit Union. Eleanor Field advised a completion Date of December 1989. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ALLOWED WAIVER of CONDITION NO. 4 in the application of NAVPHIBASE FEDERAL CREDIT UNION (REEDTOWN) (Bayside Borough). Said application was APPROVED by City Council on December 2, 1985. Condition No. 4 "Construction shall begin in two years and completed in three years. If the property is not so developed within three years, then no use not permitted in the R-4 Residential District shall be allowed on the property." Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 27 - ITEM VI-F.l.b. PUBLIC HFARING PLANNING ITEM # 29073 The City Clerk referenced a letter of March 21, 1988, from Attorney William Drinkwater, requesting WITHDRAWAL of the application. Anne Henry, 506 27th Street, Phone: 428-5962, registered in OPPOSITION, but was not in OPPOSITION to the WITHDRAWAL. Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ALLOWED WITHDRAWAL of the application of WILLIAM AND DALE DRINKWATER for a Change of Zoning: ORDINANCE UPON APPLICATION OF WILLIAM & DALE DRINKWATER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 to 0-1 Ordinance upon application of William & Dale Drinkwater for a Change of Zoning District Classification from R-@ Residential District to 0-1 Office District on Lot 2 and 1/2 of Lot 4, Block 55, Virginia Beach Development Co. Said parcel is located at 500 23rd Street and contains 7150 square feet. VIRGINIA BEACH BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 28 - Item VI-F.l.c. PUBLIC HEARING PLANNING ITEM # 29074 The City Clerk referenced a letter from Jane Addenbrook dated January 28, 1988 in OPPOSITION. Attorney Grover Wright represented the Linkhorn Park Residents and advised he had been informed because of substantial changes made by the applicant, same was to be referred to the Planning Commission. Councilman Fentress advised Attorney Moody Stallings had informed Councilman him of substantial changes in the application and the density has been dropped from 42 to 36. Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council REFERRED BACK TO THE PLANNING COMMISSION, the Ordinance upon application of NATIONAL BFACH CORPORATION AND GEORGE F. AND FRANCES M. PHILLIPS for a Change of Zoning: ORDINANCE UPON APPLICATION OF NATIONAL BEACH CORPORATION AND GEORGE F. & FRANCES M. PHILLIPS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO A-1 Ordinance upon application of National Beach Corporation and George F. & Frances M. Phillips for a Change of Zoning District Classification from R-3 Residential District to A-1 Apartment District at the northwest corner of Pinewood Drive and Holly Road on Lots 82 and 83, Linkhorn Park. Said parcel contains 2-44 acres. VIRGINIA BEACH BOROUGH A N D, ORDINANCE UPON APPLICATION OF NATIONAL BEACH CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 TO A-1 Ordinance upon application of National Beach Corporation for a Change of Zoning District Classification from R-7 Residential District to A-1 Apartment District on the north side of Pinewood Road, 270 feet more or less west of Holly Road on Lot 84, Linkhorn Park. Said parcel contains 1.886 acres. VIRGINIA BEACH BOROUGH - 29 - PLANNING ITEM # 29074 (Continued) Voting: 8-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss and John L. Perry Council Members Voting Nay: Barbara M. Henley and Vice Mayor Meyera E. Oberndorf Council Members Abstaining: Nancy K. Parker Council Members Absent: None Councilwoman Parker ABSTAINED as she and her husband do business with George F. and Frances M. Phillips. AS PER CITY COUNCIL'S REQUEST, THE APPLICANT SHALL PAY FOR THE ADVERTISING OF THIS APPLICATION FOR BOTH THE PLANNING COMMISSION AND CITY COUNCIL. - 30 - Item IV-F.l.d. PUBLIC HFARING PLANNING ITEM # 29075 Devon liolloway, the applicant, represented himself Reverend Barnett K. Thoroughgood, represented the applicant. The applicant has requested only a minimum of his property be rezoned for the construction of a second residence. Upon motion by Councilman Balko, seconded by Councilman Perry, City Council APPROVED applications of DEVON HOLLOWAY for a Variance to Section 4.4 (d) of the Subdivisions Ordinance pertaining to lots created by the subdivision must meet all requirements of the zoning ordinance and for a Change of Zoning: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Devon Holloway. Property is located at 309 South Birdneck Road. Plats with more detailed inforiqation are available in the Department of Planning. (SEATACK) LYNNHAVEN BOROUGH. A N D ORDINANCE UPON APPLICATION OF DEVON HOLLOWAY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO R-5 Z03881200 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Devon Holloway for a Change of Zoning District Classification from I-1 Light Industrial District to R-5 Residential District 200 feet more or less west of South Birdneck Road beginning at a point 670 feet south of Beautiful Street. Said parcel is located at 309 South Birdneck Road and contains 32,670 square feet. Plats with more detailed information are available in the Department of Planning. (SF.ATACK) LYNNHAVEN BOROUGH. The following conditions shall be required: 1. As a result of the required twenty-four (24') foot right-of-way dedication, Lot A will not meet the minimum lot area requirement of 10,000 square feet. Therefore, the rear property line must be extended to the west in order to accommodate this zoning requirement. 2. A twenty-four (24') foot right-of-way dedication along South Birdneck Road to provide for a four (4) lane divided highway as per the Master Street and Highway Plan. 3. The old car shall be removed. 4. Memorandum from Robert J. Scott, Planning Director, relative the Holloway Property Rezoning recommends that a line be struck four hundred twenty five (425') feet from the existing right-of-way line of Birdneek Road and that only this amount be rezoned to R-5- Said Memorandum is hereby made apart of the proceedings. - 31 - Item VI-F.l.d. PUBLIC HEARING PLANNING ITEM # 29075 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth day of March, Nineteen Hundred and Eighty-eight. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None S. I B INTER-OFFICE CORRESPONDENCE DATE: January 6, 1988 TO: Aubrei V. Watts, Jr. D@pr: Executlve FROM: Robert J. Scott 1/20 DEPT: Plannlng SUBJECT: Holloway Property Rezoning On December 21, 1987, the City Councll considered the rezoning request on the Holloway Property on Birdneck Road. There was some opposition frorn the Navy to this rezoning and It was agreed to defer the matter until the staff could determine how much of the property would have to be rezoned In order to accommodate one more house. As I recal I , It was the desire of al I @arties not to rezone the entire amount but only enough to accommodate one addltional house. Enclosed Is a plat whlch Indicates how much of the property would have to be rezoned to acccmmodate this. We recornmend that a I t ne be struck 425 feet from the existing right of way line of Birdneck Road and that only this amount be rezoned to R-5. There was some discussion about the possibility of rezoning the rear of the property P-1 In order to protect it from further development. Since much of this property Is wetlands, I feel that It is protected by that measure and by zontng it P-1 there may be served as a detriment to the piecing together of those rear properties to avoid the Holloway problem In the future. The rear of this property suffers from not only the presence of wetlands but from the absence of adequate access to any street. The only way to solve th;s problem is by encouraging It to be pieced together and I feel that zoning @t P-1 would therefore provlde no real benefit while providing us with a detriment to the solution of the remalnder of the problem. I feel th[s 6pproach would be non-productive, since the property Is already protected by wetlands regulations, and may frustrate legitlmate attempts to piece some of these properties together, thus solving similar problems that other property owners In the area now experlence. RJS/vz Attachment OPOSED NING LINE 555!sq ing st* DISTANCE OF ZONING 5 LINE FROM PIN 24 R/)y DEDIC ZO' UT%t-i'ry EAS@EIAT @-L-JLJTH BL@LDNECK RLD. - 32 - Item IV-F.2.a. PUBLIC HEARING PLANNING ITEM # 29076 Attorney Barry Koch, 2508 Pacific Avenue, Phone 428-4681, represented the applicant Upon motion by Councilman Balko, seconded by Councilman Perry, City Council APPROVED the application of POTTER PROPERTIES for a Variance to certain elements of the Subdivision Ordinance that all lots created by subdivision have direct access to a public street. Appeal of Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Potter Properties. Property is located on the north side of Laskin Road, 254.63 feet west of Winwood Drive at 1550 Laskin Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. The private ingress/egress easement must be platted and adequately maintained as access for parcels 20, K, and J. Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan and John D. Moss Council Members Absent: None - 33 - Item VI-F.2.c. PUBLIC HEARING PLANNING ITEM # 29077 Attorney R. J. Nutter, 2809 South Lynnhaven Road, Phone: 431-3100, represented the applicant and advised this property was platted in 1959. The lots at the end of the road were used for the first sewer and water when the City brought services to the area, the purpose of those lots was no longer needed. Attorney Nutter distributed a copy of a petition from adjacent residents in support of the application with a plat depicting the lots. The owner of lots 248 and 249 have not signed the petition but have signed a letter advising they were not in opposition. This will incur no substantial detriment to the area. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council APPROVED the application of ANGUS AND MARJORIE CLARK AND LEAHMON AND EVELYN CRAVENER for a Variance to certain elements Appeal from Decisions of Administrative Offices in regard to certain elements of the Subdivision Ordinance, Subdivision for Angus and Marjorie Clark and Leahmon and Evelyn Cravener. Property is located at the southwest intersection of Braddock Avenue and Lakeview Drive, Lakeview Shores. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following condition shall be required: 1. A subdivision plat must be recorded vacating the interior lot line and all conditions of the preliminary subdivision review met. Voting: 7-4 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Nancy K. Parker and John L. Perry Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss and Vice Mayor Meyera E. Oberndorf Council Members Absent: None - 34 - Item VI-F.2.c. PUBLIC HEARING PLANNING ITEM # 29078 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and requested the words "variable width" be eliminated from the first condition. As per the Engineer a variable width dedication is not needed, exactly 19.73 feet of dedication is needed. Attorney Cromwell distributed a Preliminary Site Plan requesting a curb cut be moved back in line with their parking lot. Robert Scott advised the western most curb cut, as depicted on the site plan, is to be moved further west a distance of approximately 75 feet and did not believe this would cause a problem. Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ADOPTF,D an Ordinance upon application of THE CHRIST COMMUNITY CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CHRIST COMMUNITY CHURCH FOR A CONDITIONAL USE PERMIT R03881126 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINTA Ordinance upon application of The Christ Community Church for a Conditional Use Permit for a church on certain property located at the northeast intersection of Salem Road and proposed Lynnhaven Parkway. Said parcel contains 5.439 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. A 19.73-foot right-of-way dedication along Salem Road in accordance with the alignment on file in the Public Works Engineering drafting room. 2. The applicant, in accordance with the submitted site plan, shall be permitted to move the western most curb cut further west a distance of no more than seventy-five (75') feet. Said site plan is hereby made a part of the proceedings. 3. A ninety (901) foot reservation exists for proposed Lynnhaven Parkway. This right-of-way is reserved for future acquisition by the City of Virginia Beach. An additional variable width reservation is required for a right turn lane along the frontage of this property in accordance with the highway construction plans on file in the Public Works Engineering drafting room. 4. The existing curb cut to Salem Road shall be vacated upon completion of Lynnhaven Parkway. All access to the subject site shall ultimately be via Lynnhaven Parkway. 5. At a time to be determined by the City Staff as best suitable, Category I Landscaping shall be installed along the southern boundary adjacent to the proposed Lynnhaven Parkway. - 35 - Item VI-F.2.c. PUBLIC HEARING PLANNING ITEM # 29078 (Continued) 6. The utilization of Best Management practices for controlling stormwater runoff which are reasonably applicable to the development of the site and in keeping with the recommendations for the proposed Back Bay/North Landing River Management District. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth day of March, Nineteen Hundred and Eighty-eight. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None U -J Z LU LL c, Ct -i Li ac U) LJ 0- Ei -> !? U 0 U. L C, LU 0 ct 0 m 0 LU > CL U) a- ui > LL x 0 > t LU > LLJ (r Q:m w a 0 M Z wo IL 2 ww- z at) (9 0 q @ui f-- 0 ('Al& H.LGIM 376bi&tAl OVO -7 Vs c - 36 - Item VI-F.2.d. PUBLIC HEARING PLANNING ITEM # 29079 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and advised the congregation consisted of forty (40) members. Reverend Gatling would designate, if so desired, certain members of his congregation to control the traffic. Attorney Cromwell advised the paper street was not owned by the Church. Reverend Gatling, Pastor of Gift of Life Outreach, advised this would be just a church, not an outreach facility. Augusta Brown, Jr., 2345 Seaboard Road, Phone: 427-3796, resident for twenty- eight years, spoke in OPPOSITION. The street is not wide enough and there is no foundation on the Street to handle the traffic. The road is blacktop on top of clay. The proposed church bought a paper street. This paper street has landlocked his brother-in-law's residents. Augusta Brown distributed a petition in OPPOSITION. Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council DENIED an Ordinance upon application of GIFT OF LIFE OUTREACH for a Conditional Use Permit for a Church: ORDINANCE UPON APPLICATION OF GIFT OF LIFE OUTREACH FOR A CONDITIONAL USE PERMIT FOR A CHURCH Ordinance upon application of Gift of Life Outreach for a Conditional Use Permit for a church on certain property located on the west side of Seaboard, .3 mile more or less north of Princess Anne Road. Said parcel is located at 2329 Seaboard Road and contains 2.95 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 7-4 Council Members Voting Aye: John A. Baum, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry. Council Members Voting Nay: Albert W. Balko, Robert E. Fentress, Barbara M. Henley and Vice Mayor Meyera E. Oberndorf Council Members Absent: None - 37 - Item IV-F.2.e. PUBLIC HEARING ITEM # 29080 PLANNING Attorney David A. Miller, Jr., 2809 South Lynnhaven, Phone: 498-3434, represented the applicant and requested administrative approval after the first year. Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of MAIN CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MAIN CORPORATION, A VIRGINIA CORPORATION FOR A CONDITONAL USE PERMIT FOR A BULK STORAGE YARD R03881127 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Main Corporation, a Virginia Corporation for a Conditional Use Permit for a bulk storage yard on the south side of Virginia Beach Boulevard, 759.65 feet west of the intersection with the Norfolk/Virginia Beach Expresway. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Category I landscape screening and a privacy fence six (6) feet in height shall be installed around the storage yard. Nothing shall be stored outside the fence. 2. The utilization of Best Management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 3. Approved for a one (1) year period. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth day of March, Nineteen Hundred and Eighty-eight. - 38 - Item VI-F.e. PUBLIC HEARING PLANNING ITEM # 29080 (Continued) Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent; None - 39 - Item VI-F.2.f. PUBLIC HEARING ITEM # 29081 PLANNING Michael Xystrou, 5018 Amboy Court, Phone: 497-2445, represented the applicant Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented Boardwalk Cruising, Ltd., and requested the addition of a condition specifying no bicycle rentals on this property. Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of PAUL KYRUS AND MICHAEL XYSTROU for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PAUL KYRUS AND MICHAEL XYSTROU FOR A CONDITIONAL USE PERMTT FOR A TEMPORARY PARKING LOT R03881128 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance uon application of Paul Kyrus and Michael Xystrou for a Conditional Use Permit for a temporary parking lot on certain property located at the northeast corner of Atlantic Avenue and 31st Street. Said parcel contains 1.03 acres. Plats with more detailed information are available in the Department of Planning. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. A four (4')-foot split rail fence or coricrete or timber wheel stops shall surround the site and delineate a five (5')-foot "no parking" setback which must be maintained along all sides of the site. 2. One year limitation on the Conditional Use Permit. 3. The parking lot surface shall be repaired and maintained with two inches of crush or run compacted and fine graded. 4. Entrance shall be secured by a chain or gate during non-operation hours. 5. Only one entrance/exit onto Atlantic Avenue shall be allowed. - 40 - Item VI-F.2.f. PUBLIC HEARING ITFM # 29081 (Continued) PLANNING 6. Recommendations of the Resort Area Advisory Commission as they relate to parking lots contained in a memorandum dated January 19, 1988. These recommendations are listed below: A. Construction: 211 surface of crush and run compacted and fine graded. B. Delineation: 4' split rail fence to enclose entire parking lot or concrete or timber wheel stops around perimeter of lot. Entrance and exits will be secured by chain or metal gate during non- operation hours. C. Litter Control: (1) trash receptacle every 3,500 square feet of parking space to be placed in an orderly manner. Parking lot attendant will police area as needed to maintain cleanliness of property. Trash receptacles will be emptied by attendant and properly disposed of daily before lot is secured for the night. D.Inspections and Enforcement: Daily Inspections will be conducted by this office. The City may require a reasonable bond in an amount and with surety and conditions satisfac- tory to it securing to the subject's compliance with the conditions and limitations set forth in the permit. Attendant required on lot during ALL hours of operations. E. Signs Guidelines to be developed to address size, location, style, information displayed and overall appearance. Signs will comply to the new sign ordinance with regards to the zoning of the parking lot. - 41 - Item VI-F.2.f. PUBLIC HEARING ITEM # 29081 (Continued) 7. There shall be no bicycle rental establishments operating on this property. 8. There shall be no vending machines on this site. 9. Designate as a Delegate, Henry Ruiz, Administrator, Resort Programs Office, to assist the applicant in assuring this lot is kept clean and the recommendations of construction adherred to. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth day of March, Nineteen Hundred and Eighty-eight. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 42 - Item VI-F.2.g. PIJBLIC HEARING ITEM # 29082 PLANNING Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and has requested boats be stored on this site as an overflow from the existing business. Judith K. Connors, 3958 Whispering Oaks Place, Phone: 464-3640, President of the Ocean Park Civic League and advised the Civic League was not in OPPOSITION to the application as being satisfied with the conditions imposed. Douglas L. Lancaster, 2212 Roanoke Avenue, Phone: 460-9150, represented adjacent property owners and spoke in OPPOSITION. Douglas L. Lancaster expressed concern relative the street constantly tied up by unlicensed drivers utilizing unlicensed vehicles to remove unlicensed boats. Douglas Lancaster requested control of this situation and distributed photographs of boats being stored within the City's right-of-way. Mr. Lancaster wished the entire operation cleaned of trash and debris. The applicant's dumpster is in the right-of-way adjacent to Mr. Lancaster's property. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of BENNY L. BANNERMAN, JR., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BENNY L. BANNERMAN, JR., FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD R03881129 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Benny L. Bannerman, Jr., for a Conditional Use Permit for a Bulk Storage Yard (boats) on certain property located on Lots 6, 7, 8 and 9, Block 26, at the northeast corner of Shore Drive and Roanoke Avenue. Said parcel contains 26,724.06 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. No direct site access off of Shore Drive. 2. An 8-foot solid fence or wall shall be installed along the entire length of the northern property line. A landscaped area consisting of Category TV material shall be provided between the eight (8l)- foot fence and Mr. Lancaster's lot containing the existing single-family dwelling to the north. Fence and plant materials shall conform with the Draft Landscaping, creening and Buffering Specifications and Standards, September 1987. 3. All boat storage shall be at street level (no stacking or tiered storage). 4. All outdoor lights shall be of low intensity and directed away from residential properties. 5. A nine (9')-foot reservation of right-of-way along Shore Drive is required as per the Master Street and Highway Plan. - 43 - Item VI-F.2.g. PUBLIC HEARING PLANNING ITEM # 29082 (Continued) 6. A five (5')-foot right-of-way dedication along Roanoke Avenue is required to upgrade this roadway to an acceptable minimum fifty (50')-foot right- of-way. 7. Use permit limited to two (2) year period. 8. The applicant's property shall be cleaned up in ninety (90) days and subject to inspection by City Staff (all items required by City Code shall be complied forthwith). This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth day of March, Nineteen Hundred and Eighty-eight. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 44 - Item VI-F.2.h. PUBLIC HEARING PLANNING ITEM # 29083 Julian R. Porter, Sr., 1764 Aquamarine Drive, Phone: 474-9635, the applicant, represented himself and advised this is not a nursing home, but a doctor is on call should an emergency arise. Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of JULIAN B. AND GERALDINE PORTER, SR., for a Conditional Use Permit: ORDINANCE UPON APPLICATTON OF JULIAN B. AND GERALDTNE PORTER, SR., FOR A CONDITONAL USE PERMIT FOR A FAMILY CARE HOME R03881130 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Julian B. and Geraldine Porter, Sr., for a Conditional Use Permit for a Family Care Home on certain property located on the east side of Aquamarine Drive, 319.09 feet south of Tiffany Lane. Said parcel is located at 1764 Aquamarine Drive and contains 5,000 square feet. Plats with more detailed information are available in the Department of Planning. KFMPSVILLE BOROUGH. The following conditions shall be required: 1. The number of elderly persons that shall be cared for at the residence at any given time is limited to three (3). 2. The maximum number of cars owned by residents of this home shall be limited to three (3). 3. The Conditional Use Permit shall be for three (3) years. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth day of March, Nineteen Hundred and Eighty-eight. - 45 - Item VI-F.2.i. PUBLIC HFARING ITEM # 29083 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 46 - Item VI-F.2.j. PUBLIC HEARING ITEM # 29084 PLANNING Attorney Robert B. Cromwell, Phone: 499-8971, represented the applicant, and advised Joseph Lust was one of the premier portrait photographers in the City of Virginia Beach having been in this field for approximately 20 years. There would be no other tenants in the building Joseph Lust wishes to erect on said property. Joseph Lust, the applicant, advised the building will primarily be utilized as a gallary. The second story of said building will primarily be for storage. The building to the right is more of a carport. Dorothy S. Ferguson, 5321 Northampton Boulevard, Phone: 464-0476, believed this application to be an asset to the neighborhood. Upon motion by Councilman Perry, seconded by Councilman Balko, City Council DENIED Ordinances upon application of JOSEPH LUST for a Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF JOSEPH LUST FOR A CHANGE OF ZONING DISTRICT CLASSIFTCATION FROM R-3 TO 0-1 Ordiriance upon application of Joseph Lust for a Change of Zoning District Classification from R-3 Residential District to 0-1 Office District on certain property located on the southeast corner of Northampton Boulevard and Shell Road. Said parcel contains 32,670 square feet more or less. Plats with more detailed information are available in the Department of Planning. (LAKE SMITH TARGET AREA) BAYSIDE BOROUGH. A N D ORDINANCE UPON APPLICATION OF JOSEPH LUST FOR A CONDITIONAL USE PERMIT FOR A PERSONAL SERVICE ESTABLISHMENT Ordinance upon application of Joseph Lust for a Conditional Use Permit for a Personal Service Establishment on certain property located on the southeast corner of Northampton Boulevard and Shell Road. Said parcel contains 32,670 square feet more or less. Plats with more detailed information are available in the Department of Planning. (LAKE SMITH TARGET ARFA) BAYSIDE BOROUGH. - 47 - Item VI-F.2.j. PUBLIC HEARING ITEM # 29084 (Continued) PLANNING Voting: 10-1 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: John A. Baum Council Members Absent: None - 48 - Item VI-F.2.j. PUBLIC HEARING PLANNING ITEM # 29085 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant who wishes to place a shopping center on the corner comprised of 19 acres, and on the parcel cut off by South Plaza Trail extended would like to install an office complex and two office complexes in the rear. The shopping center would only add two curb cuts on Princess Anne Road and one shall be limited to ingress only. No more than two (2) curb cuts shall be constructed on the east side of South Plaza Trail and said curb cuts shall also serve parcel D and Parcel E. The exterior design and style of the building shall be identical to the drawing prepared by Hanbury Evans Newill Vlattas & Co., Architects. The applicant shall construct two (2) lanes of South Plaza Trail (Proposed) through property. There shall be no occupancy for two years in the Shopping Center. Jack Bagley, Traffic Engineer o@- Kimberly Horne, advised he was retained to analyze the traffic situation. The applicant has proferred the necessary improvements to maintain Level of Service "C" even with the development of this project. James D. Car-, Presi-dent - Bellamy Square, Inc. - advised he would confer with the owners of the property and assess his position relative postponing occuDancy until 1993 after the completion of South Plaza Trail. OPPOSITION: Jon Allen, 4601 Gilling Court, Phone: 495-4802, represented the Bellamy Manor East Civic League, and advised the basic issues have not changed. The applicant is not in compliance witli the Comprehensive Plan which discourages commercial strip development. This proposal will set a precedent for future rezoning requests. Barbara McDermott, President Bellainy Woods Civic League, advised of the increased tra@lfic situation. A MOTION was made by Councilman Moss, seconded by Vice Mayor Oberndorf to DENY an application of Bellamy Square, Inc. for Changes of Zoning: From R-6 Residential District to B-2 Community-Business District on property located on the East side of Princess Anne Road at the intersection with Providence Road, containing 19-05 acres (Kempsville Borough); AND, From R-6 Residential District to 0-1 Of,@ice District on property located on the East side of Princess Anne Road at the intersection with Providence Road, containing 7.75 acres (Kempsville Borough). Said MOTION was WITHDRAWN. Upon motion by Councilman !4oss, seconded by Vice Mayor Oberndorf, City Council DEFERRED for two weeks uitil the City Council Meeting of April 11, 1988, Ordinances upon application of BELLAMY SQUARE, INC. for Change of Zonings: This DEFERRAL will allow the applicant's co-,isideration of the proposal to postpone occupancy until 1993 after the completion of South Plaza Trail. ORDINANCE UPON APPLICATION OF BELLAMY SQUARE, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-2 Ordinance upon application of Bellamy Square, Inc. for a Change of Zoning District Classification from R-6 Residential District to B-2 Community-Business District on certain property located on the east side of Princess Anne Road at the intersection with Providence Road. Said parcel contains 19-05 acres. Plats with more detailed information are available in the Department of Planning. KFIISPVILLE BOROUGli. - 49 - Item VI-F.2.j. PUBLIC HFARING PLANNING ITEM # 29085 (Continued) A N D, ORDINANCE UPON APPLICATION OF BELLAMY SQUARE@ ING. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION PROM R-6 TO 0-1 Ordinance upon application of Bellamy Square, Inc., for a Change of Zoning District Classification from R-6 Residential District to 0-1 Office District on certain property located on the east side of Princess Anne Road at the intersection with Providence. Said parcel contains 7.75 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: None Councilwoman McClanan advised her husband represents one of the individuals involved with one of these pieces of property. - 50 - Item VI-F.2.k. PUBLIC HEARING PLANNING ITF14 # 29086 Attorney Grover Wright, Suite 303 Beach Tower Building, 3330 Pacific Avenue, represented the applicant and advised a totai of 101 units would be built, 97 would be built on the piece of property to the north that is B-4 and 4 units on the proposed rezoned parcel. Deed restrictions have been submitted for the entire project. There shall be a maximum height restriction of 40 feet on the property. The required recreation and open space for each of the units shall be provided. The existing trees on the property shall be retained to the greatest extent possible. Lot coverage shall consist of 30% for the buildings; parking - 32% and open space and recreation - 38%. OPPOSITION: Ed Barco, 2669 Blue Heron Court, Phone: 481-1290, advised the application should be DENIED due to overcrowded streets, limited water, lack of parking, and drain-off problems. The A-4 Zoning would permit the applicant to construct a road through this residential area to serve this proposed condominium project in the B-4 area. This road does not have to be located on 27th Street, which will be utilized at all hours of the day and night. The present CZO and the proposed CZO both intend this area to remain R-7. Anne Henry, 506 27th Street, Phone: 428-5962, concurred with Ed Barcols opposition. Upon motion by Councilwoman Parker, seconded by Councilman Fentress, City Council DENIED: ORDINANCE UPON APPLICATION OF COASTAL MARKETING GROUP, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7 TO A-4 Ordinance upon application of Coastal Marketing Group, Inc. for a Change of Zoning District Classification from R-'T Residential District to A-4 Apartment District on certain property located on the north side of 27th Street, 50 feet east of Baltic Avenue. said parcel contains 32,o6o.16 square feet. VTRGINIA BEACH BOROUGH Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 51 - Item VI-K.2.1. PUBLIC REARING PLANNING ITEM # 29087 Kevin L. Pearson, 701 East Franklin Street, Suite 1416, Richmond, Virginia Phone: 644-7000, Planning and Development Co-ordinator of HCMF Development Corporation. This application is consistent with the Comprehensive Plan and the supplemental policy statements. This facility will be of benefit to the NEWSOME FARM Community and allow the owners to receive fair value for their property. HCMF encourages a strong interconnection between facilities and the surrounding community. Kevin Pearson displayed the site plan. Mary I. Mills, represented herself and husband, Alfred, her sister-in-law Mrs. Helen Smith and her niece, Mrs. Claudine Corporew, owners of the property at 5568 Daniel Smith Road. Mrs. Mills and her husband have resided here for 80 years. This property has been in the family for 130 years. Mrs. Mills believes the nursing home is a use acceptable under the NEWSOME FARM policy and therefore had decided to sell the property to the applicant. Donald Nunnally, 430 Oakmears Crescent, Phone: 473-0521, Local Real Estate Broker speaking on behalf of Mrs. Mills. Mrs. Miilsl property has been sold for $650,000. OPPOSITION: Arkansas Foreman, 5527 Connie Lane, Phone: 499-6067, represented the Newsome Farm Civic League and presented a petition in OPPOSITION. Said Petition is hereby made a part of the record. A nursing home should be built closer to a hospital and this parcel could be utilized for affordable homes. A facility like this could be used as a business in the future which would then be an intrusion in the neighborhood. Robert Black, 5565 Daniel Smith Road, represented the Newsome Farm Civic League. Housing is needed for the young who are needed to bring life back into the comeunity. A MOTION was made by Councilman Perry, seconded by Councilman Balko, to DENY an Ordinance upon application of HCMF Development Corporation for a Conditional Use Permit for a 120 bed nursing home located at the Northeast intersection of Newtown Road and Daniel Smith Road, containing 3.4888 acres (Bayside Borough). Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of HCMF DEVELOPMENT CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HCMF DEVELOPMENT CORPORATION FOR A CONDITONAL USE PE@14IT FOR A 120 BED NURSING HOME R03881131 BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of HCMF Development Corporation for a Conditional Use Permit for a 120 bed nursing home on certain property located at the northeast intersection of Newtown Road and Daniel Smith Road. Said parcel contains 3.4888 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. - 52 - VI-F.2.1. PUBLIC HFARING PLANNING ITEM # 29087 (Continued) The following conditions shali be required: 1. The utilization of Best Management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 2. Van service will be provided for the residents of the facility. 3. Category TT screening, in accordance with the Draft Landscaping screening and Buffering Specifications and Standards, September 1987, shall be installed along the boundary of the proposed nursing home adjacent to the B-1 and R-6 Districts. 4. An automatic sprinkler system and an automatic fire alarm system must be approved by the Fire Department's Office of Plan Review and the City Fire Protection Engineer and installed in the proposed nursing home. 5. Exterior lighting for the facility will be of a low intensity and directed toward the interior of the site. 6. The site plan will indicate areas for parking lot expansion if needed as determined by City Council at a later date. 7. For reasons of neighborhood compatibility, the height of the building will be limited to one story as per the submitted site plan. 8. The existing curb cut on Newtown Road leading to the subject site must be removed. 9. The applicant, Ken Pearson and Councilwoman McClanan, will confer relative more intensive shrubbery and landscaping along Daniel Smith Road. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- eighth day of March, Nineteen Hundred and Eighty-eight. Site Plans of the application are in the Department of Planning. Voting: 9-2 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Albert W. Balko and John L. Perry Council Members Absent: None - 53 - Item VI-G.l. ORDINANCES ITEM # 29088 Attorney Barry Koch, represented Virginia Beach Lifesaving Service Kent Hinnant, represented Virginia Beach Lifesaving Service A MOTION was made by Councilman Heischober, seconded by Councilman Fentress to APPROVE, UPON FIRST RFADING, AS AMENDED* an Ordinance Granting a Franchise to Virginia Beach Lifesaving Service, Inc., for a term of eight months commencing on May 1, Through December 31 for each succeeding year subject to the conditons contained in the Franchise Agreement, to conduct Beach Equipment Rental Operations, where authorized, along certain portions of the Public Beach, adjacent to the Atlantic Ocean, known as Fort Story, the Resort Area (from 40th Street to Rudee Inlet), Groatan, and Camp Pendleton, in consideration for the provision of Lifeguard and other Services and for such other consideration to which the City and the Grantee have agreed, conditioned on compliance by the Grantee with all of the Terms and conditons of the Franchise Agreement; and authorizing the City to Appropriate $196,000 from the General Fund Balance to l'und the Net Cost of the Franchise to the City. A SUBSTITUTE MOTION was made by Councilman Moss, seconded by Councilwoman Parker to ADOPT: Ordinance upon SECOND RFADING directing the Department of Finance, Purchasing Division, to Reject the Proposal Received from Virginia Beach Lifesaving Service, Inc. in response to RFP #9984; Authorizing the City of Virginia Beach to provide Municipal Lifeguard Services, and Municipal Beach F,quipment Rental Services where authorized, along certain portions of the Public Beach, adjacent to the Atlantic Ocean, known as Fort Story, the Resort Area (from 40th Street to Rudee Inlet), Croatan, and Camp Pendleton; Appropriating $491,308 in FY 1987-1988 for the initiation of said Municipal Services, supported by $100,000 to be generated by revenues derived from the Rental of Beach Equipment, with the remainder of $391,308 to be appropriated as a loan from the General Fund balance; and, Authorizing the Adjustment of Parks and Recreation's FY 1988-1989 OPERATING BUDGET by -. ohe creation of an Enterprise Fund to support the FY 1988-19@9 Cost of Providing Said Municipal Services. Voting: 5-6 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker Council Members Voting Nay: John A. Baum, Robert E. Fentress, Harold Heischober,Mayor Robert G. Jones, Reba S. McClanan and John L. Perry Council Members Absent: None - 54 - Item VI-G.l. ITEM # 29088 (Continued) Upon motion by Councilman Heischober, seconded by Councilman Fentress City Council APPROVED, UPON FIRST READING, AS AMENDED* : Ordinance Granting a Franchise to Virginia Beach Lifesaving Service, Inc., for a term of eight months commencing on May 1 through December 31, for each succeeding year subject to the conditons contained in the Franchise Agreement, to conduct Beach Equipment Rental Operations, where authorized, along certain portions of the Public Beach, adjacent to the Atlantic Ocean, known as Fort Story, the Resort Area (from 40th Street to Rudee Inlet), Croatan, and Camp Pendleton, in consideration for the provision of Lifeguard and other Services and for such other consideration to which the City and the Grantee have agreed, conditioned on compliance by the Grantee with all of the Terms and conditons of the Franchise Agreement; and, authorizing the City to Appropriate $i96,ooo from the General Fund Balance to Fund the Net Cost of the Franchise to the City. Voting: 6-5 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan and John L. Perry Council Members Voting Nay: Albert W. Balko, Barbara M. Henley, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker Council Members Absent: None 1 AN ORDINANCE GRANTING A FRANCHISE TO VIRGINIA BEACH 2 LIFESAVING SERVICE, INC. FOR A TEM OF EIGHT MONTHS 3 COMMENCING ON MAY 1, 1988 AND TERMINATING ON DECEMBER 4 31, 1988, RENEWABLE FOR FOUR (4) EIGHT MONTH TERMS FROM 5 MAY 1 THROUGH DECEMBER 31 FOR EACH SUCCEEDING YEAR 6 SUBJECT TO THE CONDITIONS CONTAINED IN THE FRANCHISE 7 AGREEMENT, TO CONDUCT BEACH EQUIPMENT RENTAL 8 OPERATIONS, WHERE AUTHORIZED, ALONG CERTAIN PORTIONS OF 9 THE PUBLIC BEACH ADJACENT TO THE ATLANTIC OCEAN, KNOWN 10 AS FORT STORY, THE RESORT AREA (FROM 40TH STREET TO 11 RUDEE INLET), CROATAN, AND CAMP PENDLETON, IN 12 CONSIDERATION FOR THE PROVISION OF LIFEGUARD AND OTHER 13 SERVICES AND FOR SUCH OTHER CONSIDERATION TO WHICH THE 14 CITY AND THE GRANTEE HAVE AGREED, CONDITIONED ON 15 COMPLIANCE BY THE GRANTEE WITH ALL OF THE TERMS AND 16 CONDITIONS OF THE FRANCHISE AGREEMENT, AND AUTHORIZING 17 THE CITY TO APPROPRIATE $196,000 FROM THE GENERAL FUND 18 FUND BALANCE TO FUND THE NET COST OF THE FRANCHISE TO 19 THE CITY. 20 21 WHEREAS, in February of 1988, the City of Virginia Beach 22 advertised three (3) Requests for Proposals for a franchise(s) to 23 conduct beach equipment rental operations along certain portions 24 of the public beach adjacent to the Atlantic ocean, known as Fort 25 Story, the Resort Area (from 40th Street to Rudee Inlet), 26 Croatan, and Camp Pendleton, in consideration for the provision 27 of lifeguard and other services and for such other good and 28 valuable consideration to which the City and the grantee may 29 agree; and 30 WHEREAS, on March 2, 1988, the City received one proposal in 31 response to one of the three (3) Requests for Proposals that were 32 advertised; and 33 WHEREAS, the only proposal that was received came from 34 Virginia Beach Lifesaving Service, Inc. (VBLS), and was in 35 response to RFP #9984 which RFP requested proposals for a 36 franchise to conduct beach equipment rental operations, where 37 authorized, along certain portions of the entire public beach 38 referenced herein; and 39 WHEREAS, the proposal from VBLS was opened and reviewed, and 40 the cormnittee organized to review and evaluate the proposal was 41 unanimously concerned about the proposed "bottom line" cost to 42 the City for the provision of lifeguard services; and 43 WHEREAS, in an effort to reach a compromise with VBLS that 44 would render the proposal acceptable to the City, a negotiation 45 session was scheduled; and 46 WHEREAS, the negotiation session was held on March 15, 1988; 47 and 48 WHEREAS, on March 21, 1988, VBLS offered to enter into a 49 Franchise Agreement for $196,000 for the first year of 50 operation, representing a substantial reduction from the original 51 cost to the City as contained in the proposal; and 52 WHEREAS, the City made a counteroffer to grant the 53 franchise to VBLS for $196,000 for the first year of operation if 54 VBLS would agree to include the "shoulder months" as defined in 55 the Franchise Agreement, at no additional cost to the City; and 56 WHEREAS, the counteroffer made by the City has been 57 accepted by VBLS; and 58 WHEREAS, the net cost to the City for the first year of 59 operation of the Franchise is $196,000; and 60 WHEREAS, an appropriation from the General Fund Fund Balance 61 in the amount of $196,000 will be required. 62 NOW, THEREFORE, be it ordained by the Council of the City of 63 Virginia Beach, Virginia: 64 That a Franchise is hereby granted to Virginia Beach 65 Lifesaving Service, Inc. for a term of eight months commencing on 66 May 1, 1988 and terminating on December 31, 1988, renewable for 67 four (4) eight month terms from May 1 to December 31 of each 68 subsequent year, if applicable, subject to the conditions 69 contained in the Franchise Agreement, to conduct beach equipment 70 rental operations, where authorized, along certain portions of 71 the public beach adjacent to the Atlantic Ocean, known as Fort 72 Story, the Resort Area (from 40th Street to Rudee Inlet), 73 Croatan, and Camp Pendleton, in consideration for the provision 74 of lifeguard and other services and for such other consideration 75 to which the City and the Grantee have agreed, conditioned on 76 compliance by the Grantee with all of the terms and conditions of 77 the Franchise Agreement, and that the City is hereby authorized 2 78 to appropriate $196,000 from the General Fund Fund Balance to 79 fund the net cost Of the Franchise to the City. 80 Adopted this day of 1988, by the Council 81 of the city of Virginia Beach, virginia. 8 2 83 84 85 RMB/dga 86 grtbchs.ord 87 03/21/88-03/25/88-03/29/88-03/31/88 88 FIRST READING: March 28, 1988 3 - 55 - Item VI-G.2. ORDINANCES ITEM # 29089 Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinance Authorizing the City of Virginia Beach to Grant a Franchise to HWC Investments to Operate an Open Air/Boardwalk Cafe', subject to the Conditions contained and/or referenced in said ordinance. As a Condition of the approval, there shall be no bicycle rental on the property. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None ApMr,VED AS -CO Cc;4TENT AN ORDINANCE AUTHORIZING THE CITY OF VIRGINIA 2 BEACH TO GRANT A FRANCHISE TO HWC INVESTMENTS 3 TO OPERATE AN OPEN AIR/BOARDWALK CAFE' 4 SUBJECT TO THE CONDITIONS CONTAINED AND/OR 5 REFERENCED HEREIN 6 7 8 WHEREAS, the City of Virginia Beach has adopted 9 regulations for the operation of open air cafe's on public 10 property along the boardwalk and on stub street parks; and 11 WHEREAS, HWC Investments (t/a Four Sails Hotel) has 12 submitted an application for the operation of an open 13 air/boardwalk cafe' and has paid the application fee; and 14 WHEREAS, the representations made in the application 15 comply with the afore-mentioned regulations; and 16 WHEREAS, City Council has been advised by the Office of 17 the City Manager that the proposed cafe' would have no 18 detrimental effects on the public health, safety, welfare, or 19 interest. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 That the City is hereby authorized to grant a franchise 23 to HWC Investments to operate an open air/boardwalk cafe' at 3301 24 Atlantic Avenue, Virginia Beach, Virginia 23451, from May 1, 25 1988, to April 30, 1989, conditioned on provision by the proposed 26 franchisee and acceptance by the City of an approved final site 27 plan, liability insurance coverage, a security bond, the 28 applicable franchise fee, and on such other conditions as are 29 required by the afore-mentioned regulations and the Franchise 30 Agreement. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the 28 day of March 1988. 33 34 35 36 RMB/epm 37 03/15/88 38 CA-2619 39 G:\ORDIN\NONCODE\HWCFRANCHISE.ORD 40 41 - 56 - Item VI-G-3- ORDINANCFS ITEM # 29090 Upon motion by Councliman Moss, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 10, Section 10.2 of the Code of the City of Virginia Beach, Virginia, pertaining to Election Districts and Voting Places within the City of Virginia Beach. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TO AMEND AND REORDAIN 1 CHAPTER 10, SECTION 10.2 OF THE 2 CODE OF THE CITY OF VIRGINIA BEACH, 3 VIRGINIA, PERTAINING TO ELECTION 4 DISTRICTS AND VOTING PLACES WITHIN 5 THE CITY OF VIRGINIA BEACH 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 That Chapter 10, Section 10.2 of the Code of the City 11 of Virginia Beach, Virginia, is hereby amended and reordained as 12 follows: 13 14 Section 10-2. Map of election district. 15 16 (a) The geographical boundaries of the election 17 districts set forth in section 10-1 are hereby established as 18 delineated on a certain map, revised 1986 1988, prepared by the 19 planning staff of the city and captioned "Election Districts," 20 which map is hereby approved. 21 (b) The clerk of the council shall endorse on the map 22 referred to in subsection (a) above the date of the council's 23 approval thereof and file the original map, with the minutes of 24 the meeting at which such map was approved, in the records of his 25 office, and shall cause exact copies thereof to be filed with the 26 general registrar of the city, the clerk of the circuit court and 27 the planning department. 28 29 Pursuant to the Voting Rights Act, this ordinance 30 shall not be effective until approved by the United States 31 Department of Justice. 32 33 Adopted by the Council of the City of Virginia Beach, 34 Virginia, on the 28th day of March 1988. 35 36 JAS/epm 37 02/17/88 38 CA-88-2587 39 ordin\proposed\10-002.pro Dr,-PART,N@ENT - 57 - Item VI-H.l. CONSENT AGENDA ITEM # 29091 Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council ADOPTED: RESOLUTIONS IN RECOGNITION Betty Barco Linwood S. Leavitt Dr. Richard S. Bartley Susan McKenry Bartow H. "Pat" Bridges Burke W. Margulies Andrew T. Carrington Robert T. Mosby, Jr. M.D. Gwendolyn Daniels Carl J. Nagle Lee Roy Dixon, Sr. Harry B. Price, Jr. James A. Evans Clyde T. Siler, Jr. James N. Fletcher Southland Corporation, t/a 7-11 Franklin Friend Helen R. Via John Hodgson Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker" and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye RESOLUTION IN RECOGNITION WHEREA,S: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WH@S: HARRY B. PRICE, JR. served as a Member on the Virginia Beach ADVERTISING SELECTION COMMITTEE from January 1982 thru DecelTber 1987. His dedication, commitinent and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: @at the Virginia Beach City Council here assembled this Twenty-Eighth day of March, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: H A R R Y B. P R I C E, J R. Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: CARL J. NAGLE served as a @mber on the Virginia Beach BOARD OF BUILDING CODE APPEALS from July 1980 thru December 1986. His dedication, commitinent and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, W@S: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Eighth day of March, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: C A R L J. N A G L E Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of Arnerica is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHERF,AS: Life is so unpredictable! tio day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: ANDREW T. CARRINGTON served as a member on the Virginia Beach COMMUNITY SFRVICES BOARD from January 1985 thru November 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Eighth day of March, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: A N D R E W T. C A R R I N G T 0 N Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHIMAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: JAMES N. FLETCHER served as a Member on the Virginia Beach COMMUNITY SERVICES BOARD from January 1985 thru November 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Eighth day of March, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: J A M E S N. F L E T C H E R Given Linder my hand and seal, M yor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitinent; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best, WHEREAS: FRANKLIN FRIEND served as a Member on the Virginia Beach COMMUNITY SERVICES BOARD from January 1981 thru December 1986. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NaW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Eighth day of March, Ninetpen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: F R A N K L I N F R I E N D Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of Arnerica is one of a nation of people helping other people -- joining together to build a better society -- dedication and commianent; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: SUSAN McKENRY served as a Member on the Virginia Beach CCMMUNITY SERVICES BOARD from April 1981 thru December 1987. Her dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to herself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. Now, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Eighth day of March, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: S U S A N M c K E N R Y Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: BURKE W. MARGULIES served as a Member on the Virginia Beach COMMUNITY SERVICES BOARD from January 1985 thru December 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Eighth day of March, Nineteen Hundred Eiqhty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPFCT to: B U R K E W. M A R G U L I E S Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: HELEN R. VIA served as a member on the virginia Beach CCMMUNITY SERVICES BOARD from January 1985 thru December 1987. Her dedication, commitinent and unselfish service have involved personal sacrifices and inconveniences, not only to herself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. Now, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Eighth day of March, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: H E L E N R. V I A Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHERF,AS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEMAS: LINWOOD S. LEAVITT served as a Member on the Virginia Beach EASTERE VIRGINIA HEALTH SYSTEMS AGENCY, IliC. from February 1986 thru June 1987. His dedication, commitinent and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHERF,AS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Eighth day of March, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: L I N W 0 0 D S. L E A V I T T Given under my hand and seal, Mayor RESOLUTION IN RECO @ TIOR WHEREAS: The history of America is one of a nation of People helping other people -- joining together to build a better society -- dedication and commitment; WHERF.AS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: CLYDE I. SILER, JR. served as a Member on the Virginia Beach EASTERN VIRGINIA HEALTH SYSTEKS AGENCY, INC. from July 1978 thru ,June 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Eighth day of March, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: C L Y D E I. S I L E R, J R. Given under my hand and seal, M yor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WH@AS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: BARTOW H. 'PAT' BRIDGES served as a Member on the Virginia Beach FRANCIS LAND HOUSE BOARD OF GOVERNORS from January 1985 thru December 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Eighth day of March, 14ineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: B A R T 0 W H. 'P A T' B R I D G E S Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitme-nt; WHFAMS : Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: JOHN HODGSON served as a Member on the Virginia Beach FRANCIS LAND HOUSE BOARD OF GOVERNORS from January 1985 thru December 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Eighth day of March, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPFCT to,. i 0 H N H 0 D G S 0 N Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WH@S: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: JAMES A. EVANS served as a Member on the Virginia Beach PERSONNEL BOARD from October 1981 thru February 1988. His dedication, commitrnent and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Eighth day of march, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: J A M E S A. B V A N S Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREA,S: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WH@S: BETTY BARCO served as a @mber on the Virginia Beach PEIBLIC LIBRARY BOARD from January 1978 thru February 1988. Her dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to herself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Eighth day of march, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: B E T T Y B A R C 0 Given under my hand and seal, Mayor RESOLUTION IN RFCOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS. GWENDOLYN DANIELS served as a Member on the Virginia Beach PUBLIC LIBRARY BOARD from September 1978 thru February 1988. Her dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to herself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, T@ORE, BE IT RESOLVED: nat the Virginia Beach City Council here assembled this Twenty-Eighth day of March, Nineteen Hundred Eighty-Eight, on behalf of the citizens of virginia Beach, expresses deep GRATITUDE and RESPECT to: G W E N D 0 L Y N D A N I E L S Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WH@S: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: DR. RICHARD S. BARTLEY served as a Member on the Virginia Beach RESORT AREA ADVISORY COMMISSION from 1984 thru 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVFD: That the Virginia Beach City Council here assembled this Twenty-Eighth day of March, Nineteen Hundred Eighty-Eight, on behalf of the citizens of virginia Beach, expresses deep GRATITUDE and RESPECT to: D R. R I C H A R D S. B A R T L E Y Given under my hand and seal, @yor RESOLUTION IN RECOGNITION WHERF,AS: The history of Arnerica is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; W@S: LEE ROY DIIMN, SR. served as a Member on the Virginia Beach SOCIAL SERVICES BOARD from July 1979 thru June 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, TH@FORE, BE IT RESOLVED: That the virginia Beach City Council here assembled this Twenty-Eighth day of March, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: L E E R 0 Y D I X 0 N, S R. Given under my hand and seal, Mayor RFSOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: ROBERT T. MOSBY, TR. M.D. served as a Member on the Virginia Beach TIDEWATER CCMMUNITY COLLEGE BOARD from June 1979 thru May 1987. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHERF,AS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our succossful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Eighth day of March, Nineteen Hundred Eighty-Eight, on behalf of the citizens of Virqinia Beach, expresses deep GRATITUDE and RESPBCT to: R 0 B E R T T. M 0 S B Y, J R. M. D. Given under my hand and seal, Ma yor RESOLUTION WHEREAS: Southland Corporation T/A 7-11 Stores has seventy-four convenience locations within the City of Virginia Beach employing approximately five hundred and eighty-eight citizens; WHEREAS: @is private corporation is headquartered in Dallas, Texas, with thousands of convenience stores throughout the country; WHEREAS: Seven-Eleven has made great strides in community involvement with contributions to Muscular Dystrophy since 1976; @amwalk America since 1982, plus others related to specific areas of location across the United States. Southland's employees are equally involved in community projects with individual contributions to SPCA, Rescue Squads country-wide, crime prevention, victim witness programs and Shelters for Battered Spouses; and, WHEREAS: Seven-Eleven recently heard Virginia Beach's Mayor express concern that police and fire response could be aided and time decreased if block numbers were visible on buildings. 7-11 immediately answered the call to duty and attached block numbers to their many convenience store locations. Now, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council does, by adoption of this Resolution, acknowledge the many and varied contributions Southland Corporation makes to the quality of life, safety and welfare of some 360,000 citizens in Virginia Beach, particularly the expediency by which Seven-Eleven responded to designate corner locations with block numbers throughout the City. BE IT FURTHER RESOLVED: 'Ihat this Resolution be framed and presented to Dave Erbe and Thomas O'Keefe, Marketing Area Managers for SEVEN-ELEVEN in Virginia Beach. Given under my hand and seal, Db yor - 58 - Item VI-H.2 CONSENT AGENDA ITEM # 29092 Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council DEFERRED for one week until the City Council Meeting of April 11, 1988; AUTHORIZE the City Manager to proceed with completion of final design, acquisition of right- of-way and commencement of construction for the Dam Neck Road, Phase I, project (CTP 2-039). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None This item was MOVED FORWARD on the AGENDA - 59 - Item VI-K. ADJOURNMENT ITEM # 29093 Upon motion by Councilman Moss and BY ACCLAMATION, City Council AWOURNED the Meeting at 12:50 A.M. Beve.-ly k Chief Deputy City Clerk IMith Hodgee( Smith, CMC C-i-ty Clerk City of Virginia Beach Virginia