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APRIL 11, 1988 MINUTES city, @f "WORLD'S LARGEST RESORT CITY" M@IOR R-ERT G@ ION@, -1 L-@ IICE -YOR -EYEM @ OB@-W-, -ERT -EPT 'EN-, j@@N L 1-1, 281 CITY HALL BUILDING Tlo- @ MUE.@EN@EIK, C", -@.11, MUNICIPAL CENTER j -E .1.@.N, @ill l'-@, VIRGINIA BEACH, VIRGRNIA 23456-9002 @l- -E@ S.'-, C-. @il [8041 427-4803 VIRGINIA BEACH CITY COUNCIL AGENDA APRIL 11, 1988 ITEM I. Crl!Y MANAGER'S BRIEFING - Conference Room 12. NOON A. MILLER ENRERPRISES Pendinq Street Closure for Portion of Ocean Avenue Robert J. Scott, Director of Planning ITEM II. COUNCIL C019FERIZWE SESSION - Conference Room - 12:15 PM A. CITY COUNCIL CONCERNS ITEM III. IEFCRMAL SESSION - Conference RDon - 12:45 PM A. CALL TO CRDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. RBCESS TO EXECUTIVE SESSION ITEM,IV. FOR14AL SESSION - Council Chamber - 2:00 PM A. INVOCATION: Revererid laughton L. Corr Haygood United Methodist Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION CF ITEt4S FOR THE FORMAL AGENDA E. MINUTES 1. SPECIAL SESSION - BUDGET PRESENRATION - March 31, 1988 2. INFOPMAL & FORMAL SESSIONS - April 4, 1988 F. PUBLIC HEARING 1. PLANNING a. Resolution authorizing the enlargement of the Nonconforming Use and structure located at 3549 Charity Neck Road, property of Lydell L. and Wayne R. Dozier. Recomme@ ation: APPROVAL b. Application of Oommunity United Methodist Church for a Conditional Use Permit for a church addition located at the 14ortheast corner of Old Kempsville Road and Alton Drive (1072 Old Kempsville Road) containing 2.3 acres (Kempsville Borough). Recommendation: APPROVAL c. Application of Virginia Beach Oongregation of Jehovah's Witnesses for a Conditional Use Permit for a church located on the Northeast side of Pritchard Road, 620 fee@more or less North of Hermes Street (184 Pritchard Road) , containing 2.82 acres (Lynnhaven Borough). Recommeridation: APPROVAL d. Application of Piney Grove Baptist Church for a Conditional Use Permit for a church located on the East side of Holland Road, 600 feet mare or Tess South of Winterberry Tane (2804 Holland Road), containing 1.94 acres (Princess Anne Borough). Recommendation: APPROVAL e. Application of Regency Apartments Associates, Ltd. for a Conditional Use Permit for a day care center located on the Test side of Regency Drive, South of Westminster Lane (2013 #1 Queen Victoria court) containing 2.85 acres (Lynnhaven Borough). Recommeridation: APPROVAL f. Application of Bruce and Regina D. Boyd for a Conditional Use Permit for a single family dwelling in AG-1 located on the West @ide of Charity Neck Road, 2884 feet North of Nanneys Creek Road, containing 4.3214 acres (Pungo Borough). Recommendation: APPROVAL q. Applications of Bellamy Square, Inc. for Changes of zoning on property located on the East side of Princess Anne Road at the intersection with Providence Road (Kempsville Bc)rough)-. From R-6 Residential District to B-2 Community-Business District, containing 19.05 acres; AND, From R-6 Residential District to 0-1 Office District on property, containing 7.75 acres. DEFERRED: 3/28/88 Recommendation: DENIAL h . Ordinance for the discontinuance, closure and abandorunent of a portion of a 20-foot lane located between Virginia Beach Boulevard and 18th Street beginning at the Eastern boundary of Park Avenue and running in an Easterly direction a distance of 304 feet more or less, containing 6040 square feet and is 20 feet in width, in the petition of Robert Herman and Jack B. Jacobson (virginia Beach ]3orough). DEFERRED: 8/3/87 and 2/8/88 Recommendation: FINAL APPROVAL i. Application of Bertha Tillery Glenn for a Change of Zoning from R-3 Residential District to A-2 Apartment District on property located on the Northeast corner of Shell Road and Ellis Avenue on part of Wts 5, 6, 7 and 8, Block 2, lakeside, containing 9,000 square feet (Bayside Borough). Recommendation: DENIAL j. Application of Kent A. and Cathleen S. mote for a Variance to Section 4.4(d) of the Subdivision Ordinance, that all lots created by subdivision have direct access to a public street, on property located at 1775 Indian River RC)ad (Pungo Borough). Recommendation: APPROVAL k. Application of ODlonial Self Storage for a Conditional Use Permit for motor vehicle sales and rental (truck rental) on property located on the East Side of Princess Anne Road at its intersection with Salem Road (4406 Princess Anne Road) , containing 2.502 acres (Kempsville Borough). Recommendation: APPROVAL 1. Application of 30th Street Venture Associates, Ltd. for a Conditional Use Permit for outdoor recreational facilities Tminiature golf) on property located on the Northeast corner of 30th Street and Pacific Avenue, containing 26,600 square feet (Virginia Beach Borough) . Recommeridation: APPROVAL G. RESOLUTIORS 1. Resolution requesting the Virginia Department of (bnservation and Historic Resources designate the De Witt Cottage, Virginia Beach, as an RL @ric Iandmark of the Commonwealth and the Nation. 2. Resolution providing for the Form, Detail and Payment of $2, 000, 000 General Obligation, Public Improvement Bonds, Series 1988B (Capital Appreciation minibonds) of the City of Virginia Beach, Virginia, heretofore authorized. H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Cc)uncil and will be enacted by one motion in the form listed. Tf any item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. ordinance upon FIRST READING to APPROPRIATE $13,100 for an Mmiromental. Resources Inventory/Urban Devel-olment Impact Eval,uation System and accept Grant Funds in the amount of $10,000 frcm the Virginia Council on the Environment. 2. Ordinance upon SBCOND READING to APPROPRIATE $33,255.00 to the Police Departaent's 1987-88 Operating Budget, representing the Departrnent's share of the value realized from seized property as result of a joint narcotics investigation. 3. Authorize the City @nager to extend the current Pavilion Convention Center food service contract with Service America Corporation from September 19, 1988, to December 31, 1988. I. UNFINISHED BUSINESS J. NEW BUSINESS 1. CROATON AREA CONCERNS Martha Franklin, Attorney at Law (Sponsored by CDuncilman Albert W. Balko) K. ADJOURNTENT 1988/1989 PY OPERATING BUDGET WORKSHOPS COUNCIL CONFERENCE ROOM 4:00-7:00 PM APRIL 14 & 21, 1988 PUBLIC REARING Princess Anne High School 7:00 PM APRIL 28, 1988 RECONCILIATION WCRKSHOP COUNCIL CONFERENCE ROOM 10:00 AM-12:00 NOON MAY 2, 1988 FIRST REKDING: MAY 9, 1988 SECOND READING: MAY 16, 1988 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 11, 1988 The CITY MANAGER'S BRIEFING, relative MILLER ENTERPRISES, (Pending Street Closure) of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, April 11, 1988,at 12:00 NOON Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John D. Perry Council Members Absent: John D. Moss, (ENTERED: 12:05 P.M.) - 2 - CITY MANAGER'S BRIFFING MILLER ENTERPRISES April 11, 1988 12:00 NOON. ITEM # 29136 The City Manager introduced Robert Scott, Director of Planning, who referenced the MILLER ENTERPRISES, INC. STREET CLOSURE, APPROVED by City Council on March 22, 1982. This application involves a paper street located immediately in front of the Duck Inn between the existing restaurant and Shore Drive. The Conditions attached to the street closure have not been handled in a timely manner. City Council attached a condition that requires certain of the other conditions to be completed within 120 days. The issue over the years has been the negotiation of a fair price by which Miller would purchase the property from the City. This matter has been finalized because Miller's new attorney has successfully established that the street in question is not properly the subject of purchase at all. Improvement of the cul-de-sac can be addressed with the recordation of the plat. BY CONSENSUS, this rqatter will be finalized in the appropriate manner. - 3 - ITEMS OF THE CITY MANAGER ITEM # 29137 The City Manager advised with City Council's Approval, at the 1988/1989 FY OPEPATING BUDGET WORKSHOP on April 14, 1988, th. SCHOOL BOARD (EDUCATION) BUDGET will be presented first. The City Council will then proceed through the document handling the departments in the order in which they appear; hopefully completing through the PUBLIC WORKS DEPARTMFliT. ITEM # 29138 The City 14anager distributed a list of the VIRGINIA MUNICIPAL LEAGUE 1988 POLICY COMMITTEE NOMINATIONS. Those Members of City Council who had served previously indicated their willingness to participate. This item will be ADDED to City Council's Agenda for their formal ACCEPTANCE. ITEM # 29139 The City Manager advised of a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Wednesday, April 13, 1988, at 12:00 NOON, for the purpose of AWARDING a Low Bid on $40,950,000 General Obligation Public Improvement Bonds, Series of 1988 A. ITEM # 29140 The City Manager distributed an Ordinance, upon FIRST READING, to accept and appropriate $6,000 from the U.S. Department of Housing and Urban Development for an Emergency Shelter Program. Tn October 1987, the City of Virginia Beach received an allocation of $37,000 in connection with the emergency shelter grants' program. The City has been notified by the Department of Housing and Urban Development that an additional $6,000 has been awarded to Virginia Beach. The Department of Housing azid Community DeveloDment will pass the money to an appropriate non-profit organization providing emergency shelter services consistent with the City's Comprehensive Homeless Assistance. Councilman Balko will sponsor this item as an ADD-ON to the City Council AGENDA. Vice Mayor Oberndorf inquired whether this grant was specifically designated for a particular area. The Samaritan liouse was most concerned relative funding in their administrative positions. Could this type of fund be utilized by them to defray the cost they are requesting the City pay their administrators. The City Manager will review this request and advise Vice 14ayor Oberndorf. Councilwoman Henley requested a City Staff report relative an update of services provided by the City for the homeless. Councilman Perry inquired whether MOTHER'S, INC. was out of business as they had received the van provided by Community Development after BASIC CHILD CARE had went out of business eighteen (18) months ago. Councilman Fentress advised they were not out of business. - 4 - ITEM # 29141 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, April 11, 1988, at 12:30 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 - 5 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 29142 Mayor Jones referenced the first five items of the PLANNING AGENDA and inquired @ihether City Council wished to consider them as PLANNING BY CONSENT and vote upon them in ONE MOTION ITEM # 29143 Mayor Jones referenced his proposed attendance at the Mayor's Institute on City Design sponsored by the liational Endowment of the Arts in Charlottesville, Virginia, on April 21, 1988. Nine Mayors have been requested to attend from Baltimore, Canton, Charleston, Charlotte, Little Rock, Phoenix, St. Louis, Salt Lake City and Virginia Beach. Design problems in the various Cities will be discussed. Mayor Jones will make a presentation relative the RESORT ARFA. - 6 - C 0 N C E R N S 0 F T H E V I C E M A Y 0 R ITEM # 29144 Vice Mayor Oberndorf advised on Sunday, April Tenth, Councilwomen Henley and McClanan, as well as herself drove to a hunting retreat called "Fly Away" to hear a BRIEFING on THE BACK BAY FOUNDATION. This was basically a "thank you" by the BACK BAY FOUNDATION to individuals like Councilwoman Henley for their labors in behalf of BACK BAY. Vice Mayor Oberndorf cited Jack Whitney and Louis Cullipher for their professionalism in the magnificent handling of their PRESENTATION. The important message was all facets are working co-operately to protect the delicate balance of nature and diligently with the farmer. The Back Bay Foundation is working on reseeding the grasses. Ducks Unlimited is attempting to provide match funding to whatever is available from the Federal and State government Councilman Baum advised to get this group together with the farmer still remains to be accomplished. - 7 - C I T Y C 0 U N C I L C 0 N e E R N S ITEM # 29145 Councilman Moss referenced an Ordinance upon FIRST READING to APPROPRIATE $13,100 for an Environmental Resources Inventory/Urban Development Impact Evaluation System and accept Grant Funds in the amount of $10,000 from the Virginia Council on the Environment. (See Item IV-H.l. of the CONSENT AGENDA.) Councilman Moss inquired why this item was SCHEDULED for an Agenda devoted to Planning Items. The City Manager advised this item was SCHEDULED for the City Council Meeting of April 4, 1988; however was RESCHEDULED as the Governor's Office was to announce the receipt of this grant by the City on Saturday, April 9, 1988. ITEM # 29146 Councilman Balko referenced CROATAN AREA CONCERNS - Martha Franklin, Attorney at Law, an item under NEW BUSINESS. This item has been RESOLVED administratively and will be DELETED from the AGENDA. ITEM # 29147 Councilwoman McClanan advised there are considerable more churches coming to City Council with appication for additions. Councilwoman lIcClanan questioned whether the City's parking requirement is adequate. As the churches are receiving Variances from the Board of Zoning Appeals, will the City continue to ailow this? The parkin.@ has become an irritant to the residents in the particular neighborhoods. Councilwoman Henley reiterated perhaps other criteria need to be applied relative parking other than the seating capacity. ITEM # 29148 Councilman Moss referenced the 49th Street Closure and the 15-foot alleyway to provide access to the water. Councilman Moss, in viewing this, advised of a number of encroachments blocking public access and public property to the waterways. ITEM # 29149 Councilman Balko read an article given him by Councilman Fentress relative one unfortunate circumstance in North @lyrtle Beach was there were not enough public restrooms available. ITEM ?'f' 29150 Councilman Perry referenced the Application of Bertha Tillery Glenn for a Change of Zoning from R-3 Residential District to A-2 Apartment District on property located on the Northeast corner of SheTl Road and Ellis Avenue on part of Lots 5, 6, 7 and 8, Block 2, Lakeside, containing 9,000 square feet (Bayside Borough). (See item IV-F.l.i of the PLANNING AGENDA). Councilman Perry advised the applicant has four (4) lots. When the roads were built, 8,000 square feet was taken away and this is the basis for which the PLANNING COMMISSION is recommending DENIAL. - 8 - C I T Y C 0 U N C I L C 0 N C E R N S ITFII # 29151 Councilwoman Parker inquired iihether there would be follow-up WORKSHOPS on the COMPREHENSIVE ZONING ORDINANCE. Mayor Jones advised there were eleven (11) items which required further discussion by City Staff before a final decision. The City ivianager advised information relative these items will be distributed to City Council. City Council might desire a WORKSHOP prior to the Meeting on the Eighteenth. Mayor Jones further referenced the item on the CZO relative percentage of space available in Shopping Malls. Councilwoman Parker believed this item dealt with the Central Business District and should be "on-hold" when the District comes in with their overall package of proposals. Councilman Moss advised the City must be careful not to create a demand for public expense. Th-@-'s was a last minute proposal and should be carefully investigated. Mayor Jones advised there must be industry standards. Councilman Moss referenced Chief Diezells comment on April 4, 1988, relative Lake Placid and the Police and Fire Trucks weaving through the narrow streets concerning the Ordinance authorizing acquisitio.,i of property in fee simple for right-of-way for Dam Neck Road Phase I. Councilman Moss requested additional information relative the public safety aspect of garbage, safety vehicles and school buses in these areas where there are more cars than there are linear feet to park them on. Councilman Moss requested this item be added to the list of 11 items for discussion relative the CZO. ITT-PM # 29152 Councilman Perry referenced petitions from citizens in his area who do not want a Park built by the City at Saw Pen Point. Councilman Heischober advised there was a legai settlement involving this issue. The City Staff will report relative same. ITD'4 # 29153 Councilwoman Henley referenced the City Council Meeting with the DEVELOPMEliT AUTHORITY at 8:00 A.M. on April 12, 1988. This is to be a BRIEFING in the Economic Development Conference Room. ITaM # 29154 Councilman Perry distributed copies of correspondence relative BURTON STATION to Members of City Council. (Said copies are hereby made a part of the record.) - 9 - ITEM tt 29155 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, April 11, 1988, at 1:00 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 14ayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 10 - ITEM # 29156 Mayor Robert G. Jones entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could effect the value of property owned or desirable for ownership by such institution. 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, Harold Heischober, Robert E. Fentress, 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 - 11 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL April 11, 1988 2:05 P.M- Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, April 11, 1988, at 2:05 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: Reverend Laughton L. Corr Haygood United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 1 2 - ADOPTION OF ITEMS Item IV-D.l. ITFII # 29157 l,layor Jones referenced the first five items of the PLANNING AGENDA to be voted upon in ONE MOTION: Item IV-F.l.a,b,c.d and e. Councilwoman McClanan requested the application of Piney Grove Baptist Church for a Conditional Use Permit for a church located on the East side of Holland Road, 800 feet more or less South of Winterberry Lane (2804 Holland Road), containing 1.94 acres (Princess Anne Borough) (Item IV-F.l.d.) be pulled for a separate vote. Councilwoman McClanan desired to add conditions to this item. Item IV-D.2. ITEM # 29158 The Mayor referenced a Resolution providing for the Form, Detail and Payment of $2,000,000 General Obligation, Public Improvement Bonds, Series 1988B (Capital Appreciation Minibonds) of the City of Virginia Beach, Virginia, heretofore authorized. (See item TV-G.2 under Resolutions.) This item will be MOVED FORWARD on the Agenda prior to the Planning Items. Item IV-D-3- ITEM # 29159 Councilman Moss requested an Ordinance upon FIRST READING to APPROPRIATE $13,100 for an Environmental Resources Inventory/Urban Development Impact Evaluation System and accept Grant Funds in the amount of $10,000 from the Virginia Council on the Environment be pulled for additional discussion. (See Item IV-H.1 of the CONSENT AGENDA). Item IV-D.4. ITEM # 29160 Councilman Balko referenced the item relative CROATAN AREA CONCERNS under NEW BUSINESS had been handled administratively. Item IV-D-5- ITEM # 29161 Councilman Balko referenced the addition of an Ordinance, upon FIRST READING to Accept and Appropriate $6,000 from the U.S. Department of Housing and Urban Development for an Emergency Shelter Program. This item will be added under NLW BUSINESS. Item IV-D.6. ITEM # 29162 Vice Mayor Oberndorf referenced the addition of a PROCLA14ATION "Days of Remembrance of the Victims of the Holocaust" for the week of April 10-17, 1988. Vice Mayor Oberndorf requested the ADOPTTON of same. - 13 - ADOPTION OF ITEMS (Continued) Item IV-D.7. ITEM # 29163 Vice Mayor Oberndorf requested the addition of an item under NEW BUSINESS relative the VIRGINIA MUNICIPAL LEAGUE 1988 POLICY COMMITTEE NOMINATIONS. Item IV-D.8 ITEM # 29164 Vice Mayor Oberndorf further advised of another item under NEW BUSINESS relative presentation of a plaque to the City recognizing "Adult Education". 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. - 14 - Item IV-E.1/2 MINUTES ITFM # 29165 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council APPROVED the MINUTES of the SPECIAL SESSION of the BUDGET PRESENTATION and the INFORMAL & FORMAL SESSIONS of April 4, 1988: Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, 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 5 Item IV-F. PLANNING ITEM 29166 Mayor Robert G. Jones DECLARED a PUBLIC HEARING on: PLANNING a. LYDELL L. AND WAYNE R. DOZIER ENLARGEMENT/NON-CONFORMING USE AND STRUCTURE b. COMMUNITY UNITED METHODIST CHURCH CONDITIONAL USE PERMIT c. VIRGINIA BEACH CONGREGATION OF JEHOVAH'S CONDITIONAL USE PERMIT WITNESSES d. PINEY GROVE BAPTIST CHURCH CONDITIONAL USE PERMIT e. REGENCY APARTMENTS ASSOCIATES, LTD. CONDITIONAL USE PERMIT f. BRUCE AND REGINA D. BOYD CONDITIONAL USE PERMIT g. BELLAMY SQUARE, INC. CHANGES OF ZONING h. ROBERT HERMAN AND JACK B. JACOBSON STREET CLOSURE i. BERTHA TILLERY GLENN CHANGE OF ZONING j. KENT A. CATHLEEN S. MOTE VARIANCE k. COLONIAL SELF STORAGE CONDITIONAL USE PERMIT 1. 30th STREET VENTURE ASSOCIATES LTD. CONDITIONAL USE PERMIT - 16 - Item IV-H. PUBLIC HEARING ITEM # 29167 PLANNING BY CONSENT Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council APPROVED in ONE MOTION Items IV-H.I.a, b, c and e of the PLANNING AGENDA. 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 Councilman Henley ADVISED, prior to the vote, in compliance with the new CONFLICT OF INTEREST regulations, she is an adjoining property owner of LYDELL L. AND WAYNE R. DOZIER (See item IV-F.I.a of th, PLANNING AGENDA), but after review and upon the advice of the City Attorney, she will vote without prejudice. - 17 - Item IV-H.1 PUBLIC HEARING PLANNING BY CONSENT ITEM # 29168 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council APPROVED a Resolution authorizing the enlargement of the NONCONFORMING USE and STRUCTURE located at 3459 Charity Neck Road, property of LYDELL L. AND WAYNE R. DOZIER. A Resolution upon application of Lydell L. and Wayne R. Dozier for a change in a nonconforming use on property located at 3549 Charity Neck Road. Said parcel contains 10,890 square feet more or less. PUNGO BOROUGH. The following conditions shall be required: 1. The mobile home must be anchored and skirted. 2. An acceptable application for an on-site sewage disposal system must be submitted to the Health Department for review. Lydell L. and Wayne R. Dozier VERBALLY AGREED to the Conditions. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Bau,.n, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. i@IcClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None Councilman He@iley ADVISED, prior to the vote, in compliance with the new CONFLICT OF INTEREST regulations, she is an adjoining property owner of LYDELL L. AND WAYNE R. DOZIER, but after review and upon the advice of the City Attorney, she will vote without prejudice. 1 RESOLUTION AUTHORIZING THE ENLARGEMENT 2 OF THE NONCONFORMING USE AND STRUCTURE 3 LOCATED AT 3549 CHARITY NECK ROAD 4 PROPERTY OF LYDELL L. AND WAYNE R. DOZIER 5 6 WHEREAS, Lydell L. Dozier and Wayne R. Dozier, husband and 7 wife, desire to replace an existing mobile home with a double 8 wide mobile home on their property located at 3549 Charity Neck 9 Road, Virginia Beach, Virginia, shown on the survey entitled 10 "PARTITION OF PROPERTY OF GEORGE ODELL DOZIER ESTATE WB 47 P 27 11 MB 43 P 15 PUNGO BOROUGH" (the "survey"), a copy of which is 12 attached hereto and made a part hereof; and 13 WHEREAS, the present use does not conform to the provisions 14 of the Comprehensive Zoning Ordinance because mobile homes are 15 not allowed in the AG-2, Agricultural District; and 16 WHEREAS, pursuant to Section 105(d) of the Comprehensive 17 Zoning Ordinance, City Council may authorize the enlargement or 18 extension of a nonconforming use if Council finds that the use 19 as enlarged or extended is equally appropriate or more 20 appropriate to the zoning district than is the existing 21 nonconformity. 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That City Council hereby finds the enlargement or extension 25 of the nonconforming use of the nonconforming mobile home located 26 at 3549 Charity Neck Road, Virginia Beach, Virginia, as shown on 27 the Survey, is equally appropriate or more appropriate to the 28 zoning district in which they are located than is the existing 29 nonconformity; and the City Council hereby authorizes the 30 enlargement or extension of the nonconforming use in the manner 31 shown on the Survey, provided extension of the use complies with 32 all building, site plan and other requirements of the City of 33 Virginia Beach, including the following: 34 1. The mobile home must be anchored and skirted; and 35 2. An acceptable application for an on-site sewage disposal 36 system must be submitted to the Virginia Beach Health Department 37 for review. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia, on the llth day of A2ril 1988. 40 41 42 GLF\RCP 43 04/04/88 44 CA-2659 45 \ORDIN\NONCODE\DOZIER.RES 46 47 APPROV-FD AS TO CONIENTS RE DEARTMENT APPROVED AS TO LE(7AL SUFFICIENCY AND F@, LLJ 0 w z I 'o. LU 0 0 w W W U3 3e - ---- ------ Item IV-F.l.a. PUBLIC HEARING PLANNING BY CONSENT ITEM # 29169 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of COMMUNITY UNITED METHODIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF COMMUNITY UNITED METHODIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION R04881132 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH Ordinance upon application of Community United Methodist Church for a Conditional Use Permit for a church addition on certain property located on the northeast corner of Old Kempsville Road and Alton Drive. Said parcel is located at 1072 Old Kempsville Road and contains 2.3 acres. Plats with mote detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following condition shall be required: 111. Appropriate Board of Zoning Appeals variance(s) as necessary. The OWliER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEVIENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective udon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of ADril. Ninetpp,,th ht. 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 a.,id John L. Perry Council Members Voting Nay: None Council Members Absent: None "The applicant advised the variance has already been approved by the Board of Zoning Appeals. STATEMENT OF CONSENT APPLICANT: Community United Methodist Church APPLICATION: Conditional use Permit - Old Kempsville Road/Alton Drive DESCRIPTION: Church Addition CITY COUNCIL SESSION,. April 11, 1988 THE UNDERSIGNED OWITER OR LEGAL REPRESEI@TATIVE FOR THE OWNER, (or Agent for the Owner), E%S REVIEWED THE CONDITION FOR APPROVAL (REQUIREMEWr) RBCOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFEREWED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGIHIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. Appropriate Board of Zoning Appeals variance(s) as necessary. Owner By: /(Agent Date - 19 - Iteni IV-F.l.c. PUBLIC HEARING PLANNING BY CONSENT ITEM # 29170 Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH CONGREGATION OF JEHOVAH'S WITNESSES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH CONGREGATIONS OF JEHOVAH'S WITNESSES FOR A CONDITONAL USE PERMIT FOR A CHURCH R04881133 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon appiication of Virginia Beach Congregation of Jehovah's Witnesses for a Conditional Use Permit for a church on certain property located on the northeast side of Pritchard Road, 620 feet more or less north of Hermes Street. Said parcel is located at 184 Pritchard Road and contains 2.82 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1 . The utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 2. Category I screening or an adequate substitute made up of existing trees, in accordance with the Draft Landscapi cifications and Standards, Septer-qber 1987 shall be installed along the boundary of the proposed Church addition site adjacent to the residential sites. The O@INER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATE@IENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of April, Nineteenth Hundred and t. - 20 - Item IV-G.l.c. PUBLIC HEARING PLANNING BY CONSENT TTEM # 29170 (Continued) 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: lqone Council Members Absent: None STATE14ENT OF CONSENT APPLICANT: Virginia Beach Congregation of Jehovah's Witnesses APPLICATION: Conditional Use Permit - Pritchard Road/Hermes Street DESCRIPTION: Church CITY COUNCIL SESSION: April 11, 1988 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), EMS REVIEWED THE CONDITIONS FOR APPROVAL (REQUTREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO TFIE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND IIEREBY ACCEF'rS AND AGREES TO: 1. 'Ihe utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 2. Category I screening or an adequate substitute made up of existing trees, in accordance with the Draft Landscaping, Screening and Buffering Specifications and Standards, September 1987 shall be installed along the boundary of the proposed church addition site adjacent to the residential sites. Owner By: Date: - 21 - Item IV-F.l.d. PUBLIC HEARING PLANNING IThT4 # 29171 Attorney Eric Moody, represented the applicant Reverend Charles Vinson, Pastor of Piney Grove Baptist Church, advised approximately 70 parking spaces wili be provided on the site of the Church. Upon motioii by Councilwoman McClanan, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of PINEY GROVE BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PINEY GROVE BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R04881134 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Pine Grove Baptist Church for a Conditional Use Permit for a church on certain property located on the east Side of Holland Road, 800 feet more or less south of Winterberry acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGII. The following conditions shall be required: 1. The utilization of Best Management Practices for controlling stormwater runo,Pf which are reasonably applicable to the development of the site. 2. 70 Parking spaces shall be provided on-site. 3. The applicant shall comply with the Draft Landscaping Screening and Buffering Specifications and Standards September 1987. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of April, Nineteenth 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 iiembers Voting Nay: None Council Members Absent: None *Verbal Aye - 22 - Item IV-F.l.e. PUBLIC HEARING TTEi@l # 29172 PLANNING BY CONSENT Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of REGENCY APARTMENTS ASSOCIATES, LTD. for a Conditional Use Permit: ORDINANCE UPON APPLICA-IION OF REGENCY APART@,IENTS ASSOCIATES LIMITED PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER R04881135 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Regency Apartments Associ-ates Limited Partnership for a Conditional Use Permit for a day care center on certain property located on the west side of Regency Dive, south of Westminister Lane. Said parcel is located at 2013 #1 Queen Victoria Court and contains 2.85 acres. Plats with more detailed information re available in the Department of Planing. LYNNHAVEIT BOROUGH. The following conditions shall be required: 1. A security fence enclosing the play areas as shown on the site plan is required. 2. The outdoor play area will be as shown or enlarged as per the Department of Social Services requirements for I-orty five (45) children. The OWIIER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATEMEI@T OF CONSENT. Said STATETIENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of April, Nineteenth Hundred and Eighty-eight. - 23 - Item IV-F.l.e. PUBLIC HEARING ITEM # 29172 (Continued) PLANNING BY CONSENT 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: lqone STATE24ENT OF CONSENT APPLICANT: Regency Apartments Associates, Ltd APPLICATION: Conditional Use Permit - Regency Drive/Westminster Lane DESCRIPTION: Day Care Genter CITY COUNCIL SESSION: April 11, 1988 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE RWNER, (or Agent for the Owner) , K%S REVIEWED THE CONDITIONS FOR APPROVAL (REQUIRIMENTS) RBCOMMENDED BY THE VIRGINIA BEACH PI.ANNING COMMISSION TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA BFACH, VIRGINIA, AND HEREBY ACCEPTS AIID AGREES TO: 1. A security fence enclosing the play area as shown on the site plan is required. 2. 'Ihe outdoor play area will be as shown or enlarged as per the Departrnent of Social Services requirements for 45 children. Owner By: (2/A., Attorney/ @ent, Date: - 24 - Item IV-F.l.f. PUBLIC HEARING PLANNING ITEM # 29173 Chris Denigris, represented Bruce and Regina D. Boyd, Lot 2, Charity Neck Road, Phone: 721-3580. Chris Denigris advised the applicants wish to construct their dwelling in the rear portion of the lot because of the "flag" nature of the lot. It would not be appropriate to construct same in the AG-1 section. Councilwoman Henley advised the flag lot was created April 11, 1978. Since same is an existing lot, she will MOTION for the application's approval. Councilman Baum advised there has been much strip development in the rural areas. As you develop along the highway, what happens to all the back land? This lias not been addressed. Upon motion by Councilwoman Henley, seconded by Councilman Moss, City Council ADOPTED Ordinances upon application of BRUCE AND REGINA D. BOYD for a Conditional Use Permit for a single family dwelling: ORDIIIANCE UPON APPLICATION OF BRUCE AND REGINA D. BOYD FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING IN THE AG-1 R04881136 BE IT HEREBY ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance udon application of Bruce and Regina D. Boyd for a Conditional Use Permit for a single family dwelling in AG-1 on certain property located on the west side of Chari-ty Neck Road, 2884 feet north of Nanneys Creek Road and contains 4.3214 acres. Plans with more detailed information are available in the Department of Planning. PUNGO BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, 14ayor 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 - 25 - Ttem IV-F.l.g. PUBLTC HEARTNG PLANNING ITEM # 29174 Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and requested DEFERRAL. This I)EFERRAL will enable completion of a revised agreement related tlie phasing in of the development to coincide with the road plans in the area. This agreement will be very complex and involve a revised site plan. The following registered in OPPOSITIO@' but were not in OPPOSITION to the DEFERRAL: Martha Kirtley, 4604 Gilling Court, Phone: 467-6618, Secretary of the Bellamy Manor East Civic League, requested DEFERRAL to a night City Council Meeting for attendance of other speakers in OPPOSITION. Cassandra S. Allen, 4601 Gilling Court, Phone: 495-4802, represented the Bellamy 14anor East Civic League and WAIVED her right to sneak. Barbara McDermott, 1200 Hartford Court, Phone: 474-9467, represented the Bellamy Manor East Civic League and WAIVED her right to sIDeak. Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council DEFERRED six (6) weeks until the City Council Meeting of May 23, 1988, Ordinances upon application of BELLA14Y SQUARE, INC. for Changes of Zoning: This DEFERRAL will enable ample time for City Staff analysis of the submitted Profers. ORDINANCE UPON APPLICATION OF BELLAMY SQUARE, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-2 Ordinance upon applicat-@@on 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. KE@MSPVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF BELLAMY SQUARE, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATI@ON FROM 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 Road. Said parcel contains 7.75 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. - 26 - Item IV-F.l.g. PUBLIC HEARING ITEM # 29174 (-@ontinued) PLANNING Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Ilayor Robert G. Jones, John D. Moss," Vi-ce Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. @erry Council Members Voting Nay: None Council Members Abstaining: Reba S. i4cClanan Council Members Absent: Albert W. Balko *Verbal Aye Councilwoman McClanan advised her husband represents one of the individuals involved with one of these pieces of property. - 27 - Item IV-F.l.h. PUBLIC HEARITIG ITEM # 29175 PLANNING Jack E. Ferebee, 1213 Laskin Road, Suite 106, Phone: 422-8470, represented the applicant Upon motion by Councilrqan Fentress, seconded by Councilman lleischober, City Council AUTHORIZED FINAL APPROVAL of an Ordinance for the discontinuance, closure and abandonment of a portioii of 20-foot lane located between Virginia Beach Boulevard and 18th Street in the petition of ROBERT HERMAN AND JACK B. JACOBSON. Application of Robert Herman and Jack B. Jacobson for the discontinuance, closure and abandonment of a portion of a 20-foot lane located betweeli Virginia Beach Boulevard and 18th Street beginning at the eastern boundary of Park Avenue and running in an easterly direction a distance of 304 feet more or less. Said parcel is 20 feet in width and contains 6040 square feet. VIRGINIA BEACH BOROUGH Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara 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 Fay: None Council Members Absent: None ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINIIING A PORTION OF THAT CERTAIN S'i'REt:T KNOWN AS PART OF 20' LANE, BLOCK 10, [,OCATED IN VIRGINIA BEACII BOROUCII, AS SIIOWN O@l 'rl[AT PI,AT ENTITLFD "STRI-ET CI,OSURE PI.AT, I'AT@'F OF 20' LANR,, BLOCK 10, 'rill" ATI,ANTIC INVESI'M]'INT COMPANY, VIRGINIA BEACII POROtiGll-- VIRGINIA BEACII, VIRGINIA. WIIICII PLAT IS RECORDED IN TliF CLERK'S OFFICE OF TIIE CIRCUIT COURT OF TFIE CITY OF VIRCTNIA BT,',ACii, VIRGINIA, IN @IAI' BOOK , AT PAGE Will-,REAS, it appearing by affidavit that proper notice h,-is bren given by Pobert lierm@in and Jack B. Jacobson, that ttiey woul(i make ipplication to tlie Council of the City of Virginia Beach, Virgini.a, on June 9, 1987 , to have the hereinafter described street discontinued, closed, and vacated; an(i 1411EREAS ,it is the judgment of the Council that said street be discontinued, closed, and vacated; N014 TIIEREFORE, SECTION I P,E IT ORDAINT',D by the Council of the City of Virginia Beacii, Virgini.a, that the herein,-ifter descri.bed street be discontinued, closed, and vacated: Part of 20 foot lane, Block 10, the Atlantic Investment Company, Virginia Beach Borougli, recorded i.n Deed Book 65, page 77, beginning at a point on the East side of Parks Avenue -i n (i thence East a distance of 300.00 f(.,et f o rthe Soiithern half of the lane and 304.00 feet for the Northern half of the lane. (Portion to be vacated is designated as 6,040 square feet of 20 foot lane, Block 10, the Atlantic Investmeiit Company, Virginia Beach Borough, Virginia Beach, Virginia). Said parcel of lan(I being a portion of that 20 foot lane tis iii d i ca ted on that cer ta in plat of property to be vacated, w]i ic Ii plat is re cor d ed in t lie Cl cric ' q OfficL' of the Circuit Court of the City of Virginia Beacii, Virl,j.nia, iii Map Book ,it pagl and i@hi.ch is m.,ide a p,,irt hereof by reference. SECTTON II A certified copy of this Ordinance shall be filed in ttie Office of the Circuit Court of the City of Virginia Beach, Virpini.a, in(lex(.-d i.n the name of th(,- City of Virpinil Beach, as gratitor. SECTION III Adopted: AUTHORIZED: Final Approval April 11, 1988 This Ordinance shall be effective sixty (60) days from the date of its adoption. LIMITS OF 20' LANE TO BE CLOSED AREA 6,040 SO. F 0 ci o OLD 13 PIN OLD PIN -o TIFICATE ROBERT HERMAN ROBERT HERMAN AND AND JACK B. JACOBSON JACK B. JACOBSON (D.B. 2350, PG. 1424) (D.B. 2592, PG. 1590) THE ATLANTIC INVESTMENT COMPANY THE ATLANTIC INVESTMENT COMPANY (D.B. 65, PG. 577, VIRGINIA BEACH) 'o -0 (D.B. 65, PG. 577, VIRGINIA BEACH) v 0 0 0 LOTS 21-28 INCL. AND LOTS 1- 12 INCL. PART OF NORTHERN PORTION OF BLOCK 10 BLOCK 10 D.8 Cl-I w w W ir t- i 6- r- 0 W w w o '90@ z 0 (X) 140.0' U. 0.0' Y2dY > OLD OLD PIN PIN PARKS AVENUE 60' R/W -- D.B. 65, PG. 577 GRAPHIC SCALE IN FEET 410 20 0 40 80 STREET CLOSURE PLAT PART OF 20' LANE BLOCK 10, THE ATLANTIC INVESTMENT COMPANY VIRGINIA BEACH BOROUGH--VIRGINIA BEACH, VIRGINIA SCALE: 1" = 40' MARCH 19, 1987 LEE S. ROOD, P.C. Land Surve or - 28 - Item IV-F.l.i. PUBLIC HEARING ITF24 # 29176 PLANNING Attorney George Minor, 539 High Street, Portsmouth, Phone: 399-6389, represented the applicant and advised in 1936 a store was erected and begun operating on this site. Until 1978, this was operated as a store with an apartment on the top floor. Same is still licensed to operate as a store. The applicant wishes to convert the building to apartments. There is no opposition to this by the adjoining residents. The structure will not be enlarged, only converted. Councilman Perry advised this was property of the City of Norfolk until Virginia Beach became a City. When these parcels were rezoned by Virginia Beach, all properties on one side were zoned R-3 and the other parcels in LAKE SMITH were zoned R-8 for no apparent reason. There will be two apartments downstairs and two apartments upstairs in this structure. Vice Mayor Oberndorf advised the POLICY STATEMENTS OF THE COba4OITY DKVELOPMENT TARGET NEIGHBORHOODS does not recommeid for higher density and advises LAKE SMITH should remain a single-family community with no other land uses. The POLICY STATEMENTS also discourage development on non-conforming lots. Robert Scott, Director of Planning, advised if the property was zoned R-8, the applicant could apply for construction of one duplex on each of the existing lots provided the applicable zoning requirements pertaining to setbacks was applicable. A MOTION was made by Councilman Perry, seconded by Councilman Balko to ADOPT an Ordinance upon application of Bertha Tillery Glenn for a Change of Zoning from R-3 Residential District to A-2 Apartment District on property located on the Northeast corner of Shell Road and Ellis Avenue on part of Lots 5, 6, 7 and 8, Block 2, Lakeside, containing 9,000 square feet (Bayside Borough). Voting: 2-9 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Albert W. Balko and John L. Perry Council Members Voting Nay: 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 Absent: None - 29 - Item IV-F.l.i. RESOLUTIONS ITEM # 29176 (Continued) Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council DENIED an Ordinance upon application of BERTHA TILLERY GLENN for a Change of Zoning: ORDINANCE UPON APPLICATION OF BERTHA TILLERY GLENN FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO A-2 Ordinance upon application of Bertha Tillery Glenn for a Change of Zoning District Classification from R-3 Residential District to A-2 Apartment District on certain property located on the northeast corner of Shell Road and Ellis Avenue on part of Lots 5, 6, 7 and 8, Block 2, Lakeside. Said parcel contains 9,000. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. 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 - 30 - Item IV-F.l.j. PUBLIC HEARING PLANNING ITEM # 29177 Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented tlle applicant, and advised the applicant's lot is non-conforming. This 7-1/4 acre parcel was created June 12, 1975, approximately 4 months after it was no longer legal to create this type of lot in the agricultural area. It was simply a mistake on the parties involved. Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City Council APPROVED a Variance to Section 4-4(d) of the Subdivision Ordinance that all lots created by subdivision have direct access to a public street in the application of KENT A. CATHLEEN S. MOTE. Appeal of Decision of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivisions for Kent A. and Cathleen S. Mote. Property is located at 1775 Indian River Road. Plats with more detailed information are available in the Department of Planning. PUliGO BO,iOUGII. The following condition shall be required: 1. A note must be on the final plat stating that the property owner will maintain the on-site gravel driveway sufficient to support emergency veh"cles at all times. 2. No future subdivisions shall use this drivewav. Voting: 11-0 Council @lembers 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 ',lay: None Council Mer@ibers Absent: None "Verbal Aye I - 31 - Item IV-F.l.k. PUBLIC HEARING PLANNING ITEM #, 29178 Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the applicant. Attorney Cromwell requested on the first lane of Colonial Self Storage back behind the Shopping Center, the applicant be authorized to park a maximum of eight (8) rental trucks. Storage unit doors opposite the area designated for truck parking will not be utilized. These doors will be blocked and all access to these units shall be from the second drive aisle. The rental trucks will be Ryder trucks ranging from the vans to the 24-foot trucks. There will not be any tractor/trailers in this facility. Mrs. Hope Ludwig, Sales Representative for Ryder Truck Rental, advised as the inventory of trucks would be limited at this particular location, the customer would be rerouted to the nearest location if there is additional demand. Upon motion by Councilwoman Moss, seconded by Councilwoman Parker, City Council DENIED an Ordinance upon application of COLONIAL SELF STORAGE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF COLONIAL SELF STORAGE FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND RENTAL (TRUCK RENTAL) Ordinance upon application of Colonial Self Storage for a Conditional Use Permit for motor vehicle sales and rental (truck rental) on certain property located on the east side of Princess Anne Road at its intersection with Salem Hoad. Said parcel is located at 4406 Princess Anne Road and contains 2.502 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 7-4 Council Members Voting Aye: Albert W. Balko, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Me-@nbers Voting Nay: John A. Baum, Robert E. Fentress, Harold Heischober and John L. Perry Council Members Absent: None - 32 - Item IV-F.1.1. PUBLIC HKARING ITEM # 29179 PLANNING Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3100, represented the applicant. Attorney Nutter submitted letters in support of the applicant from the majority of the adjacent property owners. (Said letters are hereby made a part of the record.) Attorney Nutter displayed a site plan depicting an 18-hole miniature golf course at the rear of the Old Sovran Bank Building. This will be a temporary use only of the property. The elaborate landscape plan will entail an expense of approximately $50,000. Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of 30TH STREET VENTURE ASSOCIATES, LIMITED PARTNERSHIP for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF 30th STREET VENTURE ASSOCIATES, LIMITED PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR OUTDOOR RECREATIONAL FACILITIES (MINIATURE GOLF) R04881137 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 30th Street Venture Associates, Limited Partnership for a Conditional Use Permit for an outdoor recreational facilities (miniature golf) on certain property located on the northeast corner of 30th Street and Pacific Avenue Said parcel contains 26,600 square I-eet. Plats with more detailed information are available in the Department of Planning. VIRGINIA BEACH BOROUGH The following conditions shall be required: 1. No public address or music system. 2. Golf course shall be designed as a street level course. 3. Term of the use permit shall be for two (2) years. 4. A minimum of 22 parking spaces shall be provided and the parking lot is to be relocated. 5. Category I screening or an adequate substitute made up of existing trees, in accordance with the Draft Landscaping, Screening and Buffering Specifications and Standards, September 1987. This Ordinance shall be effective upon the da-te of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh day of April, Nineteenth Hundred and Eighty-eight. Councilwoman McClanan stipulated this miniature golf course was to be attractive, even though only temporary for two years. - 33 - Item IV-F.1.1. PUBLIC HEARING ITEM @T' 29179 (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: I;one - 34 - Item IV-G.l. RESOLUTIONS ITEM # 29180 Upon motion by Councilwoman Henley, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Resolution requesting the Virginia Department of Conservation and Historic Resources designate the De Witt Cottage, Virginia Beach, as an Historic Landmark of the Commonwealth and the Nation. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Ileischober, 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 Councilman Fentress requested this be a regular stopping point of the Police Department to check for intruders. TENV 1 Requested by: Councilwoman Barbara Henley 2 3 4 A RESOLUTION REQUESTING THAT THE 5 DE WITT COTTAGE, VIRGINIA BEACH, BE 6 DESIGNATED AS A HISTORIC LANDMARK 7 8 9 WHEREAS, the spirit and direction of the Nation, the 10 Commonwealth and this City are founded upon and reflected in 11 their historic past; 12 WHEREAS, our historical and cultural foundations should 13 be preserved as living parts of our community life and 14 development and as monuments to and reminders of our heritage; 15 and 16 WHEREAS, the de Witt Cottage, because of its great 17 historical, architectural and cultural significance, represents 18 and stands as such a monument to and reminder of the heritage of 19 the people of this City, the Commonwealth and the Nation; 20 NOW, THEREFORE, it being the sense of the City Council 21 that the de Witt Cottage, Virginia Beach, should be designated as 22 a historic landmark of the Commonwealth and the Nation, 23 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, that the Division of Historic Landmarks 25 of the Department of Conservation and Historic Resources of the 26 Commonwealth of Virginia is hereby requested to designate the de 27 Witt Cottage, Virginia Beach, as a historic landmark and to 28 include it on the Virginia LandmarkS Register; and 29 And to that end, Ms. Julia 0. de Witt and Ms. Katherine 30 Vanvliett are hereby requested to undertake all measures 31 necessary or advisable for the accomplishment of the object of 32 this Resolution. 33 Adopted by the Council of the city of Virginia Beach, 34 Virginia, on the llth day of April 1988. 35 NEW/lmt 36 4/1/88 37 4/5/88 38 CA-2653 39 (\ordin\noncode\dewitt.res) - 35 - Item IV-H.2. RESOLUTIONS TTEM # 29181 Upon motion by Councilwoman Parker, seconded by Councilman Fentress, City Council ADOPTED: Resolution providing for the Form, Detail and Payment of $2,000,000 General Obligation, Public Imurovement Bonds, Series 1988B (Capital Appreciation Minibonds) of the City of Virginia Beach, Virginia, heretofore authorized. 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 i@leyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: lione At a regular meeting of the City Council of the City of Virginia Beach, Virginia, held on the Ilth day of April, 1988, at which the following members were present and absent: 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 Oberndorf Nancy K. Parker John L. Perry ABSENT: None the following resolution was adopted by the affirmative roll call vote of a majority of all members of the City Council, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Albert W. Balko AYE John A. Baum AYE Robert E. Fentress AYE Harold Heischober AYE Barbara M. Henley AYE Ilayor Robert G. Jones AYE Reba S. McClanan AYE John D. Moss AYE Vice Mayor Oberndorf AYE Nancy K. Parker AYE John L. Perry AYE RESOLUTION PROVIDING FOR THE FORM, DETAILS AND PAYMENT OF $2,000,000 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES OF 1988B (CAPITAL AP- PRECIATION MINIBONDS), OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED - 2 - WHEREAS, the Council of the City of Virginia Beach, Virginia (the City), by resolution adopted on April 4, 1988, has authorized the issuance and sale as minibonds of $2,000,000 of the $24,800,000 bonds authorized by the Council by an ordinance adopted on September 21, 1987, for various public improvements; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIR- GINIA BEACH, VIRGINIA: 1. The bonds shall be designated "General Obligation Public Improvement Bonds, Series of 1988B (Capital Appreciation Minibonds)," shall be dated the date of their delivery, shall be in fully registered form in denominations of $500 and multiples thereof, and shall be numbered R-1 upward. The bonds shall ma- ture three years from their date and shall bear interest at a rate to be determined by the Council hereafter, compounded semi- annually and payable at maturity. Principal and interest shall be payable in lawful money of the United States of America to the registered owners upon surrender of bonds at their maturity at the City's Department of Finance, Municipal Center, Virginia Beach, Virginia (the Registrar). The Director of Finance, or his designee or designees, shall act on behalf of the Registrar. 2. The bonds are not subject to redemption prior to ma- turity, except as follows. At the registered owner's request, the City shall redeem bonds, on the first and second anniversa- ries of the date of delivery of the bonds at their accreted value, as hereinafter described, to the redemption date. Not - 3- less than seven days nor more than thirty days prior to the re- demption date, registered owners must deliver to the Registrar an irrevocable written notice (with the signatures of such regis- tered owners guaranteed by a notary public) stating the aggregate principal amount and bond numbers of all bonds to be repurchased and deliver such bonds to the Registrar on or prior to the re- demption date. The City will honor such requests on a first come, first served basis, not to exceed an aggregate of $100,000 of principal amount plus compounded and accrued interest at each such redemption date. Registered owners will be charged an ad- ministrative fee of $20 per bond redeemed on each redemption date. If, pursuant to this paragraph, a registered owner fails to deliver the bonds to the City on or prior to the redemption date, the bonds will cease to accrue interest on such date and the registered owner will be entitled only to the amount due on the applicable redemption date. In the event of the death of all registered owners of any bond, such bond shall be redeemed, upon evidence reasonably ac- ceptable to the Registrar, by the City within 10 days of presen- tation to the Registrar at its accreted value on the date of re- demption. For purposes of this section, accreted value of redeemed bonds shall be determined based on the semiannual compounding of the original principal amount at the stated interest rate of the bonds to the redemption date based on a 30-day month, 360-day year. 4 - 3. The bonds shall be signed by the facsimile signature of the Mayor, shall be countersigned by the facsimile signature of the Clerk, and a facsimile of the City's seal shall be printed thereon. No bond shall be valid until it has been authenticated by the manual signature of an authorized officer or employee of the Registrar. 4. The bonds shall be in substantially the following form: THIS BOND IS NONTRANSFERABLE AND NONASSIGNABLE. REGISTERED REGISTERED No. R-- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General obligation Public Improvement Bond, Series of 1988B (Capital Appreciation Minibonds) INTEREST RATE MATURITY DATE DATED DATE - % May 11, 1991 May 11, 1988 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the City), for value received, hereby promises to pay, upon surrender hereof at -5- its Department of Finance, Municipal Center, Virginia Beach, Vir- ginia (the Registrar), to the registered owner hereof, the prin- cipal sum stated above on the maturity date stated above, and to pay interest hereon at the rate stated above, compounded semian- nually and payable at maturity. Principal and interest are pay- able in lawful money of the United States of America. THE PROVISIONS OF THIS BOND ARE CONTINUED ON THE REVERSE HEREOF, AND SUCH CONTINUED PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH ON THE FACE HEREOF. All acts, conditions and things required by the Constitu- tion and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other in- debtedness of the City, is within every debt and other limit pre- scribed by the Constitution and statutes of the Commonwealth of virginia. This bond shall not be valid until the Registrar shall have executed the Certificate of Authentication appearing hereon. - 6- IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by the facsimile signature of its Mayor, to be countersigned by the facsimile signature of its Clerk, a facsimile of its seal to be printed hereon and this bond to be dated May 11, 1988. COUNTERSIGNED: (SEAL) Clerk Mayor CERTIFICATE OF AUTHENTICATION This bond is one of the bonds described in the within- mentioned resolution. CITY OF VIRGINIA BEACH, VIRGINIA DEPARTMENT OF FINANCE Registrar By Authorized Signature (Reverse of Bond) ADDITIONAL BOND PROVISIONS This bond is one of an issue of $2,000,000 General Obli- gation Public Improvement Bonds, Series of 1988B (Capital Appre- ciation Minibonds), of like date and tenor, except as to number and denomination, authorized by an ordinance adopted by the Coun- cil on September 21, 1987, and is issued pursuant to the -7 - Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act and resolu- tions adpoted by Council on April 4 and 11, 1988, to finance var- ious road projects. The bonds are not subject to redemption prior to maturi- ty, except as follows. At the registered owner's request, the City shall redeem bonds at the accreted value, as hereinafter de- scribed, to the redemption date on May 11, 1989, and May 11, 1990, as shown below: Accreted Value Schedule Redemption Price Redemption Date per $500 Principal Amount May 11, 1989 May 11, 1990 Not less than seven days nor more than thirty days prior to the redemption date, registered owners must deliver to the Registrar an irrevocable written notice (with the signatures of such registered owners guaranteed by a notary public) stating the aggregate principal amount and bond numbers of all bonds to be redeemed and deliver such bonds to the Registrar on or prior to the redemption date. The City will honor such requests on a first come, first served basis, not to exceed an aggregate $100,000 of principal amount plus compounded and accrued interest at each such redemption date. Registered owners will be charged an administrative fee of $20 per bond purchased on each redemption date. If, pursuant to this paragraph, a registered owner fails to deliver such bonds to the City on or prior to the redemption date, such bonds will cease to accrue interest on such date and the registered owner will be entitled only to the amount due on such redemption date. In the event of the death of all registered owners of this bond, this bond will be redeemed, upon evidence reasonably acceptable to the Registrar, by the City within 10 days of pre- sentation to the Registrar at its accreted value on the date of redemption. For purposes of the preceeding two paragraphs, accreted value of the redeemed bonds shall be determined based on semi- annual compounding of the original principal amount at the stated interest rate of the bonds to the redemption date based on a 30- day month, 360-day year. The full faith and credit of the City are hereby irrevo- cably pledged for the payment of principal of and interest on this bond. The bonds are issuable as fully registered bonds in de- nominations of $500 and multiples thereof. The bonds are not transferrable or assignable. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner. If this bond is registered in the name of more than one registered -9- owner, it shall be deemed to be registered in such owners' names as joint tenants with right of survivorship. 5. The full faith and credit of the City are hereby irrevocably pledged for the payment of principal of and interest on the bonds. Unless other funds are lawfully available and ap- propriated for timely payment of the bonds, the Council shall levy and collect an annual ad valorem tax over and above all other taxes authorized or limited by law on all locally taxable property in the City sufficient to pay the principal of and in- terest on the bonds, as the same become due and payable. 6. The Registrar shall maintain registration books for the registration of bonds. The Registrar shall treat the regis- tered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner. All bonds registered in the name of more than one registered owner shall be deemed to be registered in such owners' names as joint tenants with right of survivorship. 7. The interest rate on the bonds shall be determined by the Council at the time of the sale of the City's $40,950,000 General obligation Public Improvement Bonds, Series of 1988A (the Series of 1988A Bonds). 8. The City shall arrange for the delivery to each pur- chaser of the bonds a copy of the final Official Statement describing the bonds and the Series 1988A Bonds. -10- 9. After the interest rate has been determined, the Mayor, the city manager, the Clerk and the Registrar are hereby authorized and directed to take all proper steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to the purchasers thereof upon payment there- for. 10. The City hereby covenants that it shall not take or omit to take any action the taking or omission of which will cause the bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, including regulations issued pursuant thereto (the Code), or oth- erwise cause interest on the bonds to be includable in the gross income of the registered owners thereof under existing statutes. without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings de- rived from the investment of the gross proceeds of the bonds. 11. Such officers of the City as may be requested are hereby authorized and directed to execute an appropriate certifi- cate setting forth the expected use and investment of the pro- ceeds of the bonds in order to show that such expected use and investment will not violate the provisions of Section 148 of the Code. Such certificate shall be in such form as may be requested by bond counsel for the City. 12. The City hereby covenants that it shall not permit the gross proceeds of the bonds to be used in any manner that would result in either (a) 10% or more of such proceeds being considered as having been used directly or indirectly in any trade or business carried on by any person other than a govern- mental unit as provided in Section 141(b) of the Code, or (b) 5% or more of such proceeds being considered as having been used di- rectly or indirectly to make or finance loans to any person other than a governmental unit as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of nationally recognized bond counsel that any such restriction is not required to prevent the interest on the bonds from being includable in the gross income of the registered owners thereof under existing statutes, the City need not comply with such re- striction. 13. All other actions of officers of the City in confor- mity with the purposes and intent of this resolution and in fur- therance of the issuance and sale of the bonds are hereby ap- proved and confirmed. The officers of the City are hereby authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issu- ance, sale and delivery of the bonds. -1 2 - 14. The Clerk, in collaboration with the City Attorney, is hereby authorized and directed to see to the immediate filing of a certified copy of this resolution with the Circuit Court of the City of Virginia Beach, and within ten days thereafter to cause to be published once in a newspaper having general circula- tion in the City a notice setting forth (a) in brief and general terms the purpose for which the bonds are to be issued and (b) the amount of the bonds and the amount for each purpose. 15. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 16. This resolution shall take effect immediately. The undersigned Clerk of the City of Virginia Beach, Vir- ginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a regular meeting of the Council of the City of Virginia Beach held on the Ilth day of April, 1988, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this llth day of April 1988. Clerk, City of virginia Beach, Virginia (SEAL) - 36 - Item IV-H. CONSENT AGENDA ITEM # 29182 Upon motion by Councilman Moss, seconded by Councilman Fentress, Giy Council APPROVED iq ONE MOTION items 2 and 3 of the CONSENT AGENDA. Item IV-H.1 was pulled for a separate vote. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara i@l. Henley, Mayor Robert G. Jones, 'Zeba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Narcy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 37 - Item IV-H.l. CONSENT AGENDA ITEM # 29183 Clay Burnick, Environmental Planner in the Comprehensive Planning Section of the Planning Department. The position would be at the status of Planning Aide II. This position will terminate February 1989. The Planning Department in this year's budget has acquired a computerized mapping station similar to one located in Mapping and Surveys. Besides the usual functions of compiling zoning maps, the City Staff will be able to take the hard paper data basis and convert them into a computer base, a computer mapping station. Whenever same is needed, this informatio,,i can be pulled up and utilized. The Planning Staff later can initiate and maintain this base once the employment of the Planning Aide 11 has been terminated. Upon motion by Vice Mayor Oberndorf, seconded by Councilman Perry, City Council APPROVED upon FIRST READING: Ordinance to APPROPRIATE $13,100 for an Environmental Resources Inventory/Urban Development Impact Evaluation System and accept Gra.'It Funds in the amount of $10,000 from the Virginia Council on the Environment. This MOTION is contingent upon receipt of the $10,000 from the Virginia Council on the Environment. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robei-t E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanaLn, 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 APPROPRIATE $13,100 FOR 17. 0 AN ENVIRONMENTAL RESOURCES INVENTORY/URBAN DEVELOPMENT IMPACT EVALUATION SYSTEM AND ACCEPT GRANT FUNDS IN THE AMOUNT OF $10,000 FROM THE VIRGINIA COUNCIL ON THE ENVIRONMENT > the City of Virginia Beach in its interest to preserve and protect the natural resources of the City has expressed a concern to conserve the City's environmentally significant areas, and WHEREAS, the City staff has identified the need to identify and inventory the City's environmentally significant areas such that urban development activities might be undertaken so as to avoid or mitigate adverse impacts upon these areas, and WHEREAS, funds to develop an environmental resources inventory/urban development impact evaluation review system are available from the Virginia Council on the Environment, and WHEREAS, the Virginia Council on the Environment has awarded a grant of $10,000 to be matched by $3,100 from available funds from the Planning Department's operating budget for fiscal year 1987-1988. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funding in the amount of $13,100 be appropriated to the Grants Consolidated Fund for the development of an environmental resources inventory/urban development impact evaluation review system, and BE IT FURTHER ORDAINED that this appropriation be supported by a transfer of $3,100 from the Planning Department's operating budget for fiscal year 1987-1988 and an increase in estimated revenue from the Commonwealth in the amount of $10,000, and BE IT FURTHER ORDAINED that the City Manager is authorized to enter into the appropriate contractual arrangements with the Virginia Council on the Environment in support of an environmental resources inventorylurban development impact evaluation system. This ordinance shall be effective form the date of its adoption. Adopted by the Couricil of the City of Virginia Beach, Virginia the day of 1988. FIRST READING: April 11, 1988 SECOND READING: - 38 - Item IV-H.2. CONSENT AGENDA ITEIL # 29184 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $33,255-00 to the Police Department's 1987-88 Operating Budget, representing the Department's share of the value realized from seized property as result of a joint narcotics investigation. 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 APPROPRIATE FUNDS IN THE AMOUNT OF $33,255 TO THE lOLICE DEPARTMENT'S 1987-88 OPERATING BUDGET WHEREAS, the Virginia Beach Police Department, in a joint law enforce- ment operation with the Federal Drug Enforcement Administration, seized certain property which was ordered forfeited to the Federal Goverrunent, and WHEREAS, the Federal Government has presented to the Treasurer, City of Virginia Beach, the sum of $33,255, representing the Police Department's share of the value received in said joint operation, and WHEREAS, the Police Department has need to acquire ballistic body armor and a portable building for law enforcement purposes. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $33,255 be appropriated to the Police Department's 1987-88 operating budget with a corresponding increase in estimated revenues. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 day of April 1988. FIRST READING: April 4, a988 SECOND READING: April 11, 1988 KAR/1 ORD40 - 39 - Item IV-H-3- CONSENT AGENDA ITEM # 29184 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council APPROVED: Authorization for the City Manager to extend the current Pavilion Convention Center food service contract with Service America Corporation from September 19, 1988, to December 31, 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, liancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: lione - 40 - Item IV-J.1. NEW BUSINESS IT@i # 29185 CROATAN ARFA CONCERNS was handled administratively and therefore DELETED from the Agenda. - 41 - Ttem IV-J.2. NEW BUSINESS ITEM # 29186 ADD-Olq Upon motion by Councilman Balko, seconded by Councilman Hei-schober, City Council APPROVED upon FIRST READING: Ordinance to Accept and Appropriate $6,000 from the U.S. Department of Housing and Urban Development for an Emergency Shelter Program. Voting: 11-0 Council lqembers Voting Aye: Albert W. Balko, John A. Baum, Robert Fentress, Harold Heischober, Barbara 1,1. 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 Piembers Absent: None ORDINANCE TO ACCEPT AND APPROPRIATE $6,000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR AN EMERGENCY SHELTER PROGRAM WHEREAS, the Stewart B. McKinney Homeless Assistance Act, enacted by the Congress on July 22, 1987, provides $50 million nationwide for an emergency shelter grants program; and WHEREAS, this program provides grants to localities to support homeless shelter programs and support services within their boundaries; and WHEREAS, there is a need to provide shelter and support services for the homeless in Virginia Beach; and WHEREAS, the U.S. Department of Housing and Urban Development has informed the City that $6,000 has been allocated to the City of Virginia Beach for such homeless assistance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that a grant of $6,000 from the U.S. Department of Housing and Urban Development for emergency shelter programs is accepted. BE IT FURTHER ORDAINED that the City Manager is authorized to execute a Grant Agreement with the U.S. Department of Housing and Urban Development accepting the grant of $6,000. BE IT FURTHER ORDAINED that funds in the amount of $6,000 are appropriated to the Department of Housing and Community Development for a pass-through to private, non-profit agencies who will provide housing and services to the homeless. BE IT FURTHER ORDAINED that the City of Virginia Beach will comply with all requirements of this program of the U.S. Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach on day of 1 1988. First Reading: April 11, 1988, Second Readi - 42 - Item IV-J-3- NEW BUSINESS ITEM # 29187 ADD-ON Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council ADOPTED the PROCLAMATION: DAYS OF REMBRANCE OF THE VICTIMS OF THE HOLOCAUST (Week of April 10-17, 1988) Said PROCLAMATION was sponsored by Vice Mayor Oberndorf. Virginia Beach citizens should remain eternally vigilant against all tyranny and recognize that bigotry provides a breeding ground for tyranny to flourish. 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 4h, riartamatitin WHEREAS, over forty years ago, six million Jews were murdered in the Nazi Holocaust as part of a systematic program of genocide, and millions of other people suffered as victims of Nazism; and WHEREAS, the citizens of Virginia Beach should always remember the atrocities committed by the Nazis that such horrors must never be repeated; and WHEREAS, our citizens should continually rededicate themselves to the principle of equal justice for all people; and WHEREAS, Virginia Beach citizens should remain eternally vigilant against all tyranny and recognize that bigotry provides a breeding ground for tyranny to flourish; and WHEREAS, April 10-17, 1988 has been designated, pursuant to an Act of Congress and internationally, as Days of Remembrance of Victims of the Nazi Holocaust; and WHEREAS, it is appropriate for our citizens to join in the international commemoration. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim the week of APRIL 10-17, 1988 as DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST in Virginia Beach and in so doing hope that we will strive always to overcome prejudice and inhumanity through education, vigilance, and resistance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach, Virginia, to be affixed this seventh day of April, nineteen hundred and eighty-eight. R@b Jones - 43 - Item IV-J.4. NEW BUSINESS ITEIA # 29188 ADD-ON Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City Council APPROVED the VIRGINIA MUNICPAL LEAGUE 1988 POLICY COMMITTEE NOMINATIONS: COMMUNITY AND ECONOMIC DEVELOPMENT - Councilman Robert E. Fentress EFFECTIVE GOVERNMENT - Councilman John D. Moss EUVIRONMENTAL QUALITY - Vice Mayor Meyera E. Oberndorf HUMAN DEVELOPMENT - Councilman John L. Perry PUBLIC SAFETY - Councilwoman Barbara M. Henley TRANSPORTATION - Councilman Harold Heischober EDUCATION - Councilwoman Nancy Parker 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 VIRGTNIA MUNICIPAL LEAGUE 1988 POLICY COMMITTKE NOMINATIONS COMMUNITY AND ECONOMIC DEVELOPMENT NAME & TITLE: Robert E. Fentress, Councilman MAILING ADDRESS: 3810 Atlantic Avenue #902, Va. Beach, VA 23451 EFFECTIVE GOVERNMFNT NAME & TITLE: John D. MOss, Councilman MAILING ADDRESS: 4021 Glen Road, Va. Beach, VA 234 5@ ENV NAME & TITLE: Mrs, MeYera E. Oberndorf Vic-Ma or MAILING ADDRESS: 5404 Chlledn HUMAN DEVELOPMENT NAME & TITLE: John L. MAILING ADDRESS: pU LIC SAFETY NAME & TITLE: Mrs. Barbara MAILING ADDRESS: 3513 Charitv Neck Road, Va. Beac , VA 23456 TRANSPORTATION: NAME & TITLE: Harold MAILING ADDRESS: 4031 N. Witchduck Road, Va. Beach, VA 23455 EDUCATION NAME & TITLE: Mrs. Nancy K. Parker, Councilwontan MAILING ADDRESS: a. Beach, VA 23451 SIGNED: LOCALITY: Please return by March 28, 1988 to Mary Jo Fields, Virginia Municipal League, P.O. Box 12203, Richmond, Virginia 23241 - 44 - Item IV-J-5- NEW BUSINESS ADD-ON ITEM # 29189 Vice Mayor Oberndorf PRESENTED a Plaque to the City of Virginia Beach for commitment to employee education, basic read@@Ing and mathm-atics program for Municipal Classified Employees presented by the Office of Adult and Continuing Education, Virginia Beach Public Schools, March 21, 1988. 4 5 item IV-K.I. ADJOURNMFIIT ITEM # 29190 Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURIIFD the Meeting at 4:27 P.M. Beverl;-O. Hooks Chief Deputy City Clerk Ruth Hodg(fs Smith, CMC bert City Clerk tyor City of Virginia Beach Virginia