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NOVEMBER 26, 1991 MINUTES "WORLD'S LARGEST RESORT Cmy" CITY COUNCIL -1@ER, j@, -Ul@ 'E@1-1, JR, 11 I,, -IL CITY COUNCIL AGENDA .-Illllll@l- VIR@1111 1111, -11-1. Cil, ll,,@ NOVEMBER 26, 1991 ITEM 1. CITY COUNCIL WORKSHOP - Council Chamber 2:30 PM A- LEGISLATIVE PACKAGE Robert M. Matthias, Intergovernmental Relations Dire,to, ITEM 11. CITY MANAGER'S BRIEFING - Council Chamber 3:30 PM A. 1991 TOURIST SEASON James B. Ricketts, Director of Conventi,n and Visitor Development ITEM 111. INFORMAL SESSION - Council Chamber - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Kent Bayne Church of Christ - Creeds C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSION - November 12, 1991 G. ORDINANCE 1. Ordinance, upon SECOND READING, to adopt the FY 1991-1992/FY 1995- 1996 Capital Improvement Program; to APPROPRIATE $68,595,289 for the FY 1991-1992 Capital Budget, subject to funds being provided from various sources set forth herein; and, to reallocate CIP funds appropriated in prior fiscal years. H. PUBLIC HEARING 1. PLANNING BY CONSENT a. Applications of OTIS and LEONA M. TATEM re South side ot Gum Bridge Road, 1950 feet more or less East of Princess Anne Road (1969 Gum Bridge Road), containing 4 acres (PUNGO BOROUGH): Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance; AND, Conditional Use Permit for a sinqle familv dwelling in the AG-2 Agricultura District. Recommendation: APPROVE BOTH APPLICATIONS b. Application of M & S COMMUNICATIONS, INC. for a Conditional Use Permit for a contractor's storage yard on the South side of Southern Boulevard, 8 0 feet West of South Birdneck Road (1211 Southern Boulevard), containing 1.1748 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL c. Application of SATURN OF VIRGINIA BEACH, INC. for a Conditional Use Permit for automotive sales and service at th Northeast corner ot Laskin Road and Victor Road (1808 Laskin Road), containing 3.229 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL d. Application of FAITH WORKS for a Conditional Use Permit for a church at the Northwest corner of South Lynnhaven Road and Ole Towne Lane (853 South Lynnhaven Road), containing 2560 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL e. Application ot ROSEMONT FOREST COMMERCIAL ASSOCIATES for a Conditional Use Permit for a commercial recreational facility other than that of an outdoor nature (slot caF raceway) on the West side of Pleasant Valley Road, North of Lynnhaven Parkway (4221 Pleasant Valley Road), containing 9.863 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL f. Application of VIRGINIA BEACH CHURCH OF GOD for a Conditional Use Permit for a church at the Southeast corner of Pleasure House Road and Andrew Jackson Lane (1510 Pleasure House Road, Suite #2), containing 22,651 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL 2. PLANNING a. Ordinance to authorize a temporary encroachment Into a portion of the City's right-of-way known as Great Neck Road to Arthur Allen, Robert R. Rowland and W. Tom Patton, Trustees of All Saints Episcopal Church re construction and maintenance of a directional sign (LYNNHAVEN BOROUGH). b. RECONSIDERATION OF CONDITIONS Numbered 9 and 10 in the June 23, 1986, Approved Application of AQUA SPORTS, INC. fora Conditional Use Permit for a recreatlonal acil 't ofa" 'L P 0 outdoor nature in behalf of OCEAN BREEZE FESTIVA K INC. n The East side of South Birdneck Road, 830 feet South of Bel Is Road (PRINCESS ANNE BOROUGH). Staff Recommendation: APPROVAL c. Ordinance for the discontinuance, closure and abandonment of a portion of Old Princess Anne Road on the Eastern boundary of Old Princess Anne Road, beginning at a point 68.3 feet South of Dunhill Drive and running in a Southerly direction a distance of 677.70 feet, being 20 feet in width and containing 13,550 square feet, in the petition of GEMINI BUILDERS, INC. (KEMPSVILLE BOROUGH). Deferred for Compliance: May 14, 1991 Deferred: November 12, 1991 Recommendation: FINAL APPROVAL d. Application of BETTY JACOBSON and PAM HERMAN for a Conditional Use Permit for boarding horses on the West side of West Neck Road, 470 feet North of West Landing Road (3605 West Neck Road), containing 27.075 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL e. Application of PHIL M. BONIFANT for a Conditional Use Permit for single family parcels in the AG-1 and AG-2 Agricultural Districts on the Southwest side of Princess Anne Road, 830 feet more or less Southeast of Munden Point Road, containing 69 acres (PUNGO BOROUGH). Recommendation: APPROVAL f. Petition of AQUA INVESTMENT ASSOCIATES, L.P. for the discontinuance, closure and abandonment of a portion of 39th Street beginning at a point 65.43 feet East of Atlantic Avenue and running In an Easterly direction a distance of 84.57 feet atong the Northern property line, containing 3,182 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL g. Application of VIRGINIA H. MEREDITH for a Conditional Zoning Classification from R-7.5 Residential District to R-5R Residential Resort Distclct on Lot 101, Plat #1, Cape Story by the Sea (2692 Ocean Shore Avenue), containing 7,150 square feet (LYNNHAVEN BOROUGH). Recommendation: DENIAL 1. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance authorizing the City Manager to enter into a contract with Barker Campbell & Farley on behalf of the City to administer the advertising account of the Department of Economic Development. 2. Ordinance to ACCEPT and APPROPRIATE $14,640 Coastal Management Grant from the Council on the Environment; and, TRANSFER $14,640 required City match from within the Department of Natural Resources and Rural Services FY 1991-1992 Operating Budget re completion of third phase of Natural Areas Inventory. 3. Ordinance appointing viewers in the petition of Star of the Sea Catholic Church for the closure of a portion of Lakeside Drive West of Pacific Avenue and between 14th and 15th Streets (VIRGINIA BEACH BOROUGH). 4. LOW BIDS with advance notice to proceed: WATERFRONT MARINE West Neck Bridge $1,659,807.45 CONSTRUCTION INC. CIP 2-040 J.C.B. CONSTRUCTION CO., 1991-1992 Various $ 404,883.60 INC. Roads Contract 5. Ordinance authorizing license refunds in the amount of $17,132.52. 6. Ordinance authorizing tax refunds in the amount of $1,642.83. J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED DECEMBER 3, 1991 Formal Session 2:00 PM DECEMBER 10, 1991 Formal Session 2:00 PM DECEMBER 17, 1991 Formal Session 2:00 PM PUBLIC HEARING DECEMBER 2, 1991 School Board Candidate Interviews 10:00 AM (Monday) Council Chamber (Citizens are invited to attend and speak) 11/21/91 gs M I N U T E S VIRGINIA BEACH CITY COUNCIL Virglnla Beacii, Virginia November 26, 1991 Mayor Meyera E. Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL for the CITY COUNCIL WORKSHOP relative the LECISLATIVE PACKAGE in the Council Chamber, City Hall Building, on November 26, 1991, at 2:30 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Paul J. Lanteigne (ENTERED: 2:45 P.M.) - 2 - C I T Y C 0 U N C I L W 0 R K S H 0 P LEGISLATIVE PACKAGE 2:30 P.M. ITEM # 35073 Robert Matthias, Director of Intergovernmental Relations, distributed copies of proposed issues for the 1992 Legislative Package. Said information is hereby made a part of the record. Charter Amendment for Direct Election of the School Board This will be a request for the General Assembly to amend the Charter of Virginia Beach to allow for the direct election of the School Board, as was approved by the voters in referendum on November 5, 1991. Charter Amendment changing the reference to the Director of the Department of Agriculture. This wi I I be a request to amend the Charter to al low the Director of Agriculture's title to be changed. Indigent Health Care Annual request to the General Assembly to increase the amount of Indigent health care coming to Virginia Beach. Virginia Beach continues to be underfunded by the Commonwealth in terms of Indigent health care, as the formula has not been changed since the City's population was only 80,000. This would also include a request for the General Assembly to better fund the Eastern Virginia Medical School. Freedoin of Information Act A request to amend the Freedom of Information Act to prevent parties in litigation with the City from uslng the Act to circumvent rules of discovery in court proceedings. After discussion with legal staff In Richmond, It was decided NOT to pursue this legislative Issue. Design-building authority for the Lake Gaston Project Th i s w I I I a I I ow the C i ty, i f i t des 1 res, to f ast track the construction of the Lake Gaston Project. Many other local ities in the Commonwealth have design-buildlng authority for specific projects such as jails, visitor centers, etc. Approximately one year to eighteen months could be saved in construction with this type of authority. Water Conservation This legislation would al low the City to require more water conserving measures than are currently allowed in the Statewide Uniform Building Code. This legislation would include ultra low tlush tol lets, which use 1.5 gal Ions per f lush, compared to 6 gallons tor a regular toilet. Groundwater controls A request to a I I ow the C i ty to restr i ct the use of groundwater for washing cars, et cetera, during water shortages. With expectations that the City will have to contlnue to monitor and restrict the use of water provided by the water utility, it is important that the aquifer not be more stressed for non-vital uses. - 3 - C I T Y C 0 U N C I L W 0 R K S H 0 P LEGISLATIVE PACKAGE ITEM # 35073 (Continued) Food establishment Inspection fee Request to al low the Heal th Department to estab I ish a fee of $100 per establishment per year or $1.00 per seat, with a minimum of $100, to inspect for health purposes. As a tourist destination, it is important the City's restaurants and other facilities are operated to high standards. Virginia Marine Science Museum Request for State funding ot $3-MILLION for design ot the expansion of the Marine Science Museum. The total cost of the expansion is estimated to be $27-MILLION, including the cost of relocating the City's Dredge operations. Mental Health Services A request for additional funding to be provided for mental health services in Virginia Beach. The General Assembly, since 1986, has provided very substantial funding increases for mental health services throughout the Commonwealth. These increases are now being eroded and sometimes decreased due to reductions in the State budget. Fingerprinting of Juveniles Currently, the State Code states that juveniles may be fingerprinted for certain offices. The request is to amend the Code to stipulate the juveniles will be fingerprinted. By building up a base of fingerprints, the investigation of property crimes and other offenses will be much easier. Public Beach Board The City recelved no funding for beach nourishment activities during the current Biennium. In prior years, the City has received approximately $210,000 per year tor nourishment in the resort area. The request is for the City to be reimbursed for the approximate $420,000 that should have been received during the current Biennium Pendieton Child Service Center The Pendleton Child Service Center has been required to relocate from its current operation on the State Military Reservation. Because it is a Certified Group Home, the State Is responsible for 50% of the cost of relocation, which is approximately $600,000. The State is also requested to continue to pay its share of the operation costs of the Child Service Center through the next Biennium. (The City is currently paying $250 a day in rent for the Pendleton Child Service Center. The City of Chesapeake pays approximately one-third of this amount.) Penalties for nonpayment of city accounts The State Code currently allows the City to penalize persons for nonpayment of certain accounts to the City to be equal to 10% of the original amount or $10.00, whichever is lesser. The request is to amend the Code by substituting the word "greater" for "lesser." 4 C I T Y C 0 U N C I L W 0 R K S H 0 P LEGISLATIVE PACKAGE ITEM # 35073 (Continued) Transportation Funding The Secretary of Transportation has proposed the City increase its share of match for urban projects from 2% to 20%. In the current Biennium, State Funding for transportation was cut close to $600-MILLION. There have also been transfers of approximately $75-MiLLION from the Commonwealth Transportation fund Into the General Fund. This Commonwealth must provide suitable tunding to transportation needs throughout the Commonwealth. School Funding Adequate funding for both operational and capital costs of school funding needs to be addressed. The General Assembly is requested to fully fund the standards of quality for Virginia Beach and not to remove money from Virginia Beach educational efforts for the benefit of other localities. The State is requested to begin sharing in the capital costs of education. Recycling The Commonwealth should adopt additional measures to ensure that tax and other Incentives are available to manufacturers who use recycled materials. The Commonwealth is currently reviewing proposed tax incentives, as were authorized during the I ast General Assembly. However, these incentives do not appear to be extensive enough to make a substantive impact on manufacturers, who might otherwise use recyclable materials in their processing of new materials. Septic Tank Systems The Commonwealth is considering severely amending the current regulations for septic systems. Through changing the minimum separation distances between drain fields and the water table, they could greatly reduce the land available for development in the southern part of the City and also have very detrimental affects on the planning capabilities ot the City. Much of what is being considered by the Commonwealth lacks demonstrated scientific base. Thus, the General Assembly is requested to only amend the septic tank regulations where a positive benefit based on science can be demonstrated. As per concerns expressed relative the Extension Service, additional information will be provided about the charter amendment concerning the Director of the Department of Agriculture. The City Attorney will provide an opinion concerning the possibility of considering Inter-basin transfer legislation. Additional intormation will be provided relative roll back land use tax and the reasons for this tax being amended. - 5 - C I T Y M A N A G E R I S B R I E F I N G 1991 TOURIST SEASON 3:17 P.M. ITEM # 35074 Mr. James B. Ricketts, Dlrector of Convention and Visitor Development i ntroduced Pa I mer Far I ey, Assoc 1 ate w 1 th Barker, Campbe I I and Far I ey, who briefly reviewed the 1991 Advertising Program. The issues surrounding the 1991 Season were: Desert Storm, Econcxny, Cornpetition and Laborfest. Mr. Farley reiterated the 1991 Marketing Objectives: Increase annual occupancy by 2% Increase June occupancy Improve the quality of the visitor Expand the shoulder season Extend the stay beyond 4.6 nights The Program was introduced in late March with the theme: GOOD/CLEAN/FUN, focusing on the 1-800-VA BEACH Phone Number. As the Spring season untolded, a smaller spaced newspaper ad was utilized depicting the 1-800-VA BEACH Phone Number and a TV Cornmercial appeared in major markets. As the season approached, a two tiered strategy from June through August was used. Newspaper ads were designed to appear to the close-in market. This was supported in the further out markets designed more to develop an awareness in Virginia Beach. All advertisements focused on the 1-800-VA BEACH Phone Number. Magazine advertising, featuring the Neptune Festival and other September events, was utilized for the Fall Shoulder. There has been a 108% increase in the Honeymoon package and a 35% increase in Golf Inquiries. Mr. Ricketts advised the Current State of the Industry: Airline industry down Automobile travel up slightly Consumer confidence down Unemployment up Shift to single parent families (lower incolne) Overbuilding National Park visitation up Concerning the hotel Industry, sixty percent (60%) of all hotels are losing money. Full service hotels annually are losing $2900 per room. It is predicted hotel occupancy will drop 1/2 a point to 61% in 1991. Mr. Ricketts, through the utilization of charts, summarized the Hotel Occupancy Levels in Virginia Beach. In the Summer, there were increases form 76% to 79%. The moth of September reflected a gain of 10%, going from 63% to 73%. These Increases seem to reflect a positive Labor Day weekend and the Special Events program. The Chart entitled: Virginia Beach Room Analysis (1977-91) reflects the "over inventory" of rooms. The Roorn Nights Booked Chart is a more true indicator of the buslness. 1991 reflected a 6.1% increase with 768,000 room nights booked for the summer season. Hotel Sales for the Summer Season amounted to $63-MILLION, an increase of 6%. This translates into approximately $3.2- MILLION in City Tax Revenue from the Hotel Tax. The year-to-date Hotel Sales are up 5.5%. The Summer Restaurant Sales Report reflects a record for 1991 in the amount ot $111-MILLION (an increase of 3.4%), of which the City derived approximately $5-MILLION in tax revenue, with $2-MILLION being related to the tourist season. The year-to-date Restaurant Sales are up 3.1%. Summer Retail Sales increased 1.3%. 6 I T Y M A N A G E R S B R I E F I N G 1991 TOURIST SEASON ITEM # 35074 (Continued) 1991 RESULTS Year-to-Date occupancy up 2% June occupancy up 6%, a 5-year high Household income increased 8% to $51,800 Spending per party up 2.4% to $925 September occupancy Increased 17% Average length of stay up 2% to 4.7 nights 1-800 phone Inquires increased 21% Canadian visitation up 50% Record YTD hotel revenues Record YTD restaurant revenues 1992 GOALS: Produce a 61% annual occupancy Produce an 81% summer occupancy Extend the average night stay Continue to improve visitor quality Expand the shoulder season 1992 STRATEGIES Position Virginia Beach as a superior value Attract more Canadian visitors Focus promotion on 1-800-VA BEACH Utilize events to extend the stay Maximize ROI by focusing on major spending markets. Ron Kuhlman, Director ot Marking and Saies, Department of Convention and Visitor Development, advised of a meeting with Cox Cable to compile a series of promotions involving the Hampton Roads area, particularly Norfolk and Virginia Beach, residents in stressing not only local attractions (overnight stays), but shopping, the arts, et cetera. - 7 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 35075 Mayor Oberndorf referenced correspondence from Captain L. W. Urbik, USN - Commanding Officer - Naval Air Station Oceana, requesting the ENVIRONMENTAL SERVICES UTILITY REVIEW COMMITTEE be expanded to include a military representative. ITEM # 35076 Mayor Oberndorf referenced correspondence of November 19, 1991, from C. Oral Lambert, Jr., - Interim City Manager concerning the FY 1992 - 1993 OPERATING BUDGET. The Charter requires the Budget be presented 90 days before June Thirtieth. BY CONSENSUS, City Council agreed to SCHEDULE a SPECIAL SESSION on March 31, 1991, for presentation of the Budget. As May 5, 1991, is City Council election day, another date shall be SCHEDULED for the PUBLIC HEARING. ITEM # 35077 Mayor Oberndorf referenced Mr. Lambert's Memorandum of November 22, 1991, detailing a different approach to the five-year budget and services presentation. This approach. would be more interactive and would requlre a greater commitment of both statf and City Council time. Two meetings would be required. A presentation would be accompanied by work sheets and surveys for Council to review, analyze and address issues and priorities. The second meeting would be to review and discuss City Council feedback and obtain the benefit of Counci I guidance, based on their work on the surveys and work sheets. The City Staff has outlined various dates prior to, and after, the Christmas Holidays for City Council's consideration. - 8 - ITEM # 35078 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on Tuesday, November 26, 1991, at 3:50 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None - 9 - ITEM # 35079 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments: Board of Building Code Appeals Chesapeake Bay Preservation Area Board Community Development Citizens Advisory Committee Community Services Board Resort Area Advisory Commission Southeastern Tidewater Opportunity Project, Inc. Southeastern Virginia Areawide Model Program Virginia Beach Community Development Corporation Virginia Beach Foundation, Inc. Environmental Services Utility Review Committee Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Nancy K. Parker, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent None - 10 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL November 26, 1991 6:00 P.M. Mayor Meyera E. Oberndorf called to order the F'ORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, November 26, 1991, at 6:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Kent Bayne Church of Christ - Creeds PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Item IV-E.I. ANNOUNCEMENT ITEM # 35080 Mayor Oberndorf recognized the following Boy Scouts in attendance during the City Council Session: TROOP 837 CHARITY NECK CHURCH PUNGO SCOUTMASTER Scott Watson ASSISTANT SCOUTMASTER Bill Helin Jeremy Helin Ross Hartig Seth Hartig Justin Young Shipley Watson Ryan Caskins Jesse Smith Kevin Smith Chris Miller - 12 - Item IV-E.2. CERTIFICATION OF EXECUTIVE SESSION ITEM # 35081 Upon motion by Councilman Baum, seconded by Councilman Clyburn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 35079, Page No. 9 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. @h Hodges Smfth, CMC/AAE City Clerk November 26, 1991 - 13 - Item IV-F.I. MINUTES ITEM # 35082 Upon motion by Councilman Sessoms, seconded by Councilman Clyburn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 12, 1991. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent; None - 14 - Item IV-G.I. ORDINANCE ITEM # 35083 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925. Mr. Pace believed the CIP would drastically increase the taxes to the citizens of Virginia Beach and in particular the School Band Reterendums. Mr. Pace spoke in OPPOSITION to Ferrell Parkway, Phases Vi and VII and Sandbridge Sewers. John Moss, 4021 Glen Road, Phone: 498-0318. Mr. Moss supported the proposals of Mayor Oberndorf, Council Members Parker and McCianan concerning reprioritizing and reprogramming $65.8-MILLION In road funds from areas of future growth to Schools, offsetting the need for the 1992 Referendum. The Navy will reduce its ships by 100, approximately 20%, its enlisted/officer military by approximately 14% or 70,000 individuals and civilian jobs will be eliminated by approximately 20%. These are economic ramifications on real estate. Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, President of the Citizens Action Coalition. Mr. LeSesne requested the funds be reprioritized for schools and not road improvements. Projects should not be funded which would support continued growth. The Stormwater Management fee should only be utilized to address the requirements of the Environmental Protection Agency and correct long standing projects to eliminate flooding in numerous areas of the City. Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED, upon SECOND READING: Ordinance, upon SECOND READING, to adopt the FY 1991-1992/FY 1995-1996 Capital Improvement Program; to APPROPRIATE $68,595,289 for the FY 1991-1992 Capital Budget, subject to funds being provided from various sources set forth herein; and, to reallocate CIP funds appropriated in prior fiscal years. Mayor Oberndorf and Councilwoman Parker wished the record to reflect their concerns of the road projects (Landstown Road, Ferrell Parkway Phases Vi and VII, Elbow Road, Courthouse Loop, Salem Road and the Rudee Inlet Bridge). These funds should be reprioritized and reprogrammed for the following purposes: $50-MILLION Schools to offset the need for the 1992 Referendum. $15.8-MILLION Allocated toward the Storm Water Management, Marine Science Museum and Diamond Springs Fire Station. Mayor Oberndorf clarified Sections 1, 2 and 3 contained in the Ordinance, which delineated the purpose of the Ordinance. On December 12, 1991, City Council AUTHORIZED the Fire Station at General Booth Boulevard be allocated FIRST PRIORITY against any balance over and above Reserves set aside by Council Policy. Item IV-G.I. ORDINANCE ITEM # 35083 (Continued) Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I AN ORDINANCE TO ADOPT THE 2 FY 1991-92/FY 1995-96 CAPITAL 3 IMPROVEMENT PROGRAM AND TO APPROPRIATE 4 $68,595,289 FOR THE FY 1991-92 5 CAPITAL BUDGET SUBJECT TO FUNDS BEING 6 PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN 7 WHEREAS, the City Manager, on September 17, 1991, presented to 8 City Council the Capital Improvement Program for fiscal yearb 1992-96, (the 9 'Program"), 10 WHEREAS, City Council held public hearings on the Program to 11 provide for public comment, 12 WHEREAS, based on public comment, City council has determined the 13 need for the projects in the Program, 14 WHEREAS, it is necessary to appropriate funds for the projects is underway or beginning in the 1991-92 fiscal year as set forth in said Program. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 Section 1: That the Program for the construction of, or addition 19 to capital facilities identified for fiscal year 1991-92 through 1995-96 is 20 hereby adopted and that projeCtB listed herein are approved as capital 21 projects. 22 Section 2: That the projects shall be financed from funds to be 23 appropriated periodically by City Council, and until funds are so provided, 24 the projects are for planning purposeb only and may be deleted, altered, or 25 rescheduled in any manner at any time by City Council. 26 Section 3: That funds in the amountb aggregating $68,595,289 for 27 capital projects underway or beginning in the 1991-92 fiscal year aB set forth 28 in said Capital Improvement Program are hereby appropriated, subject to the 29 conditions Bet forth, as follows: 30 CAPITAL PROJECT APPROPRIATION 31 SCHOOL PROJECTS: 32 1-006 Various Schools Site Acquisition $ 1,640,962 33 1-975 Various Schools Stage Lighting Controls 34 Replacement - Phase 1 50,000 35 1-982 Landstown Elementary and Middle Schools 914,196 36 1-022 Tallwood High School 974,393 37 1-005 First Colonial High School Modernization 500,000 38 1-980 Corporate Landing Elementary School 6,942,411 39 1-010 Ocean Lakes High School 1,000,000 40 SCHOOL PROJECTS: (concluded) 41 1-053 West Kempsville Are Middle School $ 3,000,000 42 1-050 Kemps Landing Intermediate School Renovation 175,000 43 TOTAL SCHOOL PROJECTS 96 962 44 ENGINEERING AND HIGHWAY PROJECTS: 45 Roadway Proiects: 46 2-019 Indian Lakes Boulevard - PhaBe I $ 1,063,464 47 2-021 Rural Road improvements 300,000 48 2-036 Roadway Advanced Land Acquisition 100,000 49 2-037 Landstown Road 156,268 50 2-040 west Neck Bridge 147,862 51 2-041 South Plaza Trail Bridge 27,890 52 2-055 London Bridge Road - Phase 1 133,240 53 2-071 Dam Neck Road - Phase II 147,063 54 2-075 Rosemont Road - Phase IV 1,642,726 55 2-080 Indian River Road - Phase V 4,171,391 56 2-081 Tidewater Community College Offsite Access 57 Improvements 1,127,116 58 2-084 Military Highway 210,077 59 2-086 South Plaza Trail 70,656 60 2-096 Ferrell Parkway - Phase V 890,203 61 2-122 Gum Swamp Bridge 438,491 62 2-132 London Bridge Road Extended 2,161,837 63 2-134 Flanagan's Lane 479,601 64 2-137 Great Neck Road - Phase IV and 65 London Bridge Road - Phase III 30,000 66 2-139 Kempaville Road - Phase III 300,000 67 2-141 Economic Development Investment Program 300,000 68 2-149 Birdneck Road - Phase II 60,000 69 2-150 Ferrell Parkway - Phase VI and VII 62,000 70 2-176 Princess Anne Road/Sandbridge Road Intersection 200,000 71 2-816 Traffic Safety Improvements 791,078 72 2-820 Princess Anne Road Phase III 133,240 73 2-833 First Colonial Road Phase III 100,000 74 2-837 Various Cost Participation Projects 39,439 75 2-903 Rudee Inlet Bridge 41,877 76 2-936 Ferrell Parkway - Phase IB 76,980 77 2-987 Independence Boulevard - Phase IV-A 1,048,733 78 Total Roadway Projects 51 232 79 Stormwater Proiects: 80 2-020 Various Drainage Improvements $ 200,000 81 2-114 Princess Anne Plaza Drainage - Phase II 1,131,000 82 2-115 Rosemont Road - Windsor Wood Drainage 143,000 83 2-170 North Beach Storm Drainage Interim Improvements 84 2-172 Queen City Drainage Improvements 62,000 85 2-179 Pine Ridge Drainage 675,000 86 2-181 Pocahontas Village Drainage System Improvements 135,418 87 2-182 Cape Story by-the-Sea Drainage System Improvements 100,000 88 2-902 North Beach Storm Drainage - Phase III 413,404 89 2-964 Cleveland Street/Columbus Street Outfall 118,472 90 2-991 Laskin Road Drainage 50,000 91 Total Stormwater Projects 28 294 92 Resort Area Projects: 93 2-049 Resort Streetscape Improvements $10,230,265 94 2-051 Resort Parking Improvements 205,417 95 2-066 oceanfront Connector Parke 600,000 96 Total Resort Area ProjeCtB 35 682 97 Coastal Proiects: 98 2-830 Rudee Inlet Dredging 255,500 99 Total Coastal Projects 55 500 100 TOTAL ENGINEERING AND HIGHWAYS PROJECTS 70 708 101 BIJILDING PROJECTS: 102 3-005 Underground Storage Tanks - City $ 398,500 103 3-010 Beach Borough Service Center 900,000 104 3-944 Fire Station - Little Neck 189,622 105 3-976 Fire Training Center Enhancements 102,309 106 3-977 Judicial Center 1,977,630 107 3-994 District Court Building Renovation 278,688 108 3-995 Circuit Court Clerk's office Renovation 80,000 109 TOTAL BUILDING PROJECTS 26 749 110 PARKS AND RECREATION PROJECTS: ill 4-935 Princess Anne Park Expansion - 112 Phased Improvements (Partial) $ 1,170,950 113 4-936 Recreation Office and Storage Facility at School 114 Sites 176,250 115 4-942 Owl Creek Tennis Center - Pro Shop ExpanBion 165,000 116 4-948 Scenic Waterways Improvements 48,000 117 4-951 Neighborhood/Community Park Acquisition 118 Development - High Priority Deficit Area 100,000 119 4-952 Future Community Park Acquisition 1,000,000 120 4-954 Tennis Court Renovations 200,000 121 4-955 Athletic Fields Upgrading and Lighting 70,670 122 TOTAL PARKS AND RECREATION PROJECTS 30 870 123 TOTAL GENERAL IMPROVEMENT PROJECTS 25 289 124 WATER UTILITY PROJECTS: 125 5-004 Dam Neck Tank $ 605,000 126 5-047 Indian River Road - Phase VI 40,000 127 5-062 Ferrell Parkway - Phase V 155,000 128 5-064 Columbus Street Pump Station Modifications 250,000 129 5-066 17th Street Tank Modifications 60,000 130 5-068 Comprehensive Water Study - Phase 11 100,000 131 5-069 Small Line Improvements Phase II 530,000 132 5-070 VariouS Highway ProjeCtB Phase II 125,000 133 5-071 Water Request and Agreement Projects - Phase II 250,000 134 5-077 Ocean Park Water Line Extensions 30,000 135 5-080 Lakeville Estates - 51% Type 835,000 136 5-081 Sherry Park - 51% Type 1,340,000 137 5-111 Avalon Terrace A and B - 51% Type 84,000 138 5-711 Centerville Turnpike 170,000 139 5-966 Atlantic Avenue Improvements 455,000 140 5-967 Cavalier Park/North Linkhorn Park 200,000 141 TOTAL WATER UTILITY PROJECTS 29 000 142 SEWER UTILITY PROJECTS: 143 6-004 Landstown Municipal Property $ 193,000 144 6-009 Salem Road "D" 30,000 145 6-015 Infiltration, Inflow, and Rehabilitation - Phase II 650,000 146 6-016 Pump Station Modifications - Phase II 100,000 147 6-017 Various Highway Projects - Phase II 100,000 148 6-018 Various Sewer Projects - Phase II 697,000 149 6-019 Witchduck Road 22,000 150 6-026 Witchduck Point 1,526,000 151 6-044 Terrace Avenue/14th and Parks Pump Station and 152 Force Main Improvements 200,000 153 6-925 Atlantic Avenue Improvements 674,000 154 6-928 Cavalier/North Linkhorn Park 500,000 155 6-934 Bay Colony 715,000 156 6-937 Aragona Rehabilitation 500,000 157 6-938 PrinceBs Anne Plaza Rehabilitation 325,000 158 6-939 Comprehensive Sewer Study 200,000 159 6-940 Tanglewood 1,325,000 160 6-941 Laurel Manor/Dogwood Acres 1,145,000 161 6-948 Lynnwood/Michaelwood 660,000 162 6-962 Timberlake Force Main 614,000 163 SEWER UTILITY PROJECTS: (concluded) 164 6-976 BUBky Lane $ 65,000 165 6-995 Lakeville Estates 300,000 166 TOTAL SEWER UTILITY PROJECTS 41 000 167 TOTAL WATER AND SEWER UTILITY PROJECTS 70 000 168 TOTAL APPROPRIATIONS 95 289 169 To be funded from the following sources: 170 General Appropriations $12,024,018 171 1991 Charter Bonds 26,100,000 172 1991 Road Bond Authority 8,000,000 173 Water and Sewer Fund 2,000,000 174 Revenue Bonds 13,770,000 175 Federal Contribution 62,000 176 Certificates of Participation - Interest 400,000 177 Virginia Public School Authority 1,096,356 178 Reallocation of Capital Project Funds 5,040,606 179 Other 102,309 180 TOTAL 95 289 181 Amounts appropriated above amend any 1991 1992 fiscal year 182 allocations previously authorized in the FY 1991-92 Operating Budget adopted 183 by the City Council on May 14, 1991. 184 Section 4. That the Resort Program Capital Project Fund shall be 185 used for the purpose of accounting for the revenues, appropriations, expendi- 186 tures, and encumbrances absociated with the resort area capital improvement 187 program. 188 Section 5. That capital project funds appropriated in prior 189 fiscal years are to be adjusted in accordance with said Program and real- 190 located as follows: 191 SCHOOL PROJECTS: 192 TRANSFER TO: 193 1-003 Kellam High School Modernization $ 53,948 194 1-991 Bayside High School Modernization 24,565 195 TOTAL TRANSFERS TO 78 513 196 TRANSFER FROM: 197 1-945 Elementary Schools Physical Education 198 Classrooms 29,513 199 1-977 Various Schools Window Replacement 49,000 200 TOTAL TRANSFERS FROM 78 513 201 ENGINEERING AND HIGHWAY PROJECTS; 202 TRANSFER TO: 203 2-048 Boardwalk Revitalization $ 575,000 204 2-113 NPDES Stormwater System Permit Application 600,000 205 2-170 North Beach Storm Drainage - Interim Improvements 20,000 206 2-172 Queen City Drainage Improvements 174,767 207 2-175 Independence Boulevard - Phase IV-B 414,000 208 2-176 Princess Anne Road/Sandbridge Road Intersection 400,000 209 ENGINEERING AND HIGHWAY PROJECTS: 210 TRANSFER TO: (concluded) 211 2-810 Centerville Turnpike - Phase IA $ 2,608,915 212 2-819 ocean Park Storm Drainage 260,000 213 2-987 Independence Boulevard - Phase IV-A 2,019,361 214 2-991 Laskin Road Drainage 1,700 215 TOTAL TRANSFERS TO: 73 743 216 TRANSFER FROM: 217 2-034 Pavilion Drive - South $ 279,867 218 2-061 Lynnhaven Parkway - Phase VII 400,000 219 2-063 Ferrell - Phase IC 375,000 220 2-064 Independence Boulevard - Phase IIA 750,000 221 2-065 Indian River Road - Phase IV 200,000 222 2-070 Northampton Boulevard Phase II 700,000 223 2-082 Independence Boulevard Phase IIA-1 350,000 224 2-083 Indian Lakes Boulevard Phase II 500,000 225 2-091 Independence Boulevard Phase IIA-2 900,000 226 2-110 Southhall Quarter Drainage 50,000 227 2-148 Various Bikeway Improvements 74,272 228 2-901 Holland Road - Phase IV 744,604 229 2-902 North Beach Storm Drainage - Phase III 220,000 230 2-910 General Booth Boulevard - Phase II 1,000,000 231 2-935 Lynnhaven Parkway - Phase V 500,000 232 2-951 Lake Banbury outfall Drainage 30,000 233 TOTAL TRANSFERS FROM 73 743 234 BUILDING PROJECTS: 235 TRANSFER TO: 236 3-002 Marine Science Museum Expansion Design S 450,000 237 TOTAL TRANSFERS TO 50 000 238 TRANSFER FROM: 239 2-049 Resort Streetscape Improvements S 450,000 240 TOTAL TRANSFERS FROM 50 000 241 WATER AND SEWER UTILITY PROJECTS: 242 TRANSFER TO: 243 5-097 Busky Lane/Poyner Lane - 51% Type $ 60,000 244 5-104 Calverton Lane - 51% Type 50,000 245 5-111 Avalon Terrace A and B - 51% Type 346,000 246 6-004 Landstown Municipal Property 466,000 247 6-026 Witchduck Point 144,000 248 6-040 Lynndale Estates 260,000 249 6-043 Bonney Road Pump Station and Force Main 600,000 250 6-044 Terrace Avenue/14th and ParkB Pump Station 251 and Force Main $ 900,000 252 6-940 Tanglewood 140,000 253 TOTAL TRANSFERS TO 66 000 254 TRANSFER FROM: 255 5-008 Trantwood Shores - 51% Type $ 6,978 256 5-009 Wolfsnare Plantation - 51% Type 8,969 257 5-010 Great Neck Estates - 51% Type 35,877 258 5-011 Southern Points 51% Type 59,691 259 5-023 Lakeside Drive Poplar Point Road - 51% Type 2,433 260 5-024 Hawkins Lane Water - 51% Type 7,096 261 5-026 Bellamy Manor - 51% Type 57,691 262 5-027 Bells Road - 51% Type 34,262 263 5-028 Dwyer Road - 51% Type 49,813 264 5-029 Linkhorn Point - 51% Type 21,169 265 5-031 Shorehaven - 51% Type 55,413 266 5-032 Stewart Drive - 51% Type 36,978 267 5-033 Weaverville - 51% Type 8,191 268 TRANSFER FROM: (concluded) 269 5-034 London Bridge Road - Phase IA 55,621 270 5-043 Baxter Road Connection 6,517 271 5-071 Water RequeBt and Agreement Projects - Phase II 136,273 272 5-304 Small Line Improvements 105,455 273 5-622 Shipps Corner Road 95,478 274 5-800 Virginia Beach Boulevard Main - Phase II-A 90,500 275 5-817 East Cape Henry Drive 40,155 276 5-833 Various Highway Projects 56,114 277 5-837 Recreation Drive - South Lynnhaven Parkway 30,362 278 5-839 Linkhorn Estates Water 8,877 279 5-925 Landstown Pump Station Modifications 138,756 280 5-939 Kempsville Suction Phase II 41,207 281 5-948 Lynnhaven Parkway Phase VI 6,071 282 5-963 Reedtown Area 448 283 5-978 Indian Lakes Boulevard 580 284 5-979 Newtown Road 74,864 285 5-982 Parliament Drive 1,050 286 5-985 Shore Drive 2,545 287 5-987 Alabama Road 4,488 288 5-989 Kempaville Road Main - Phase II 10,403 289 5-997 Credle Road 3,330 290 5-999 Birdneck Road - Phase IA 19,029 291 6-315 Queen City 37,974 292 6-316 Various Sewer Projects 641,849 293 6-605 Pump Station Modifications 67,205 294 6-815 Infiltration, Inflow and Rehabilitation 413,954 295 6-824 Various Highway Projects 92,242 296 6-833 Linkhorn Estates Sewer 5,357 297 6-913 Little Neck Road Force Main 93,568 298 6-917 Holland Road - Phase IV 562 299 6-923 Reedtown 18,864 300 6-929 Elizabeth River ShoreB 13,736 301 6-933 Croatan Beach 122 302 6-943 Linkhorn Point 77,185 303 6-952 Lakeside Drive/Poplar Point Road 1,323 304 6-964 Baxter Road 96,705 305 6-974 Hawkins Lane Sewer - 51% Type 353 306 6-979 Bells Road/Credle Road 16,294 307 6-980 River Road 21,056 308 6-981 Shorehaven 39,045 309 6-982 Dwyer Road 15,922 310 TOTAL TRANSFERS FROM 66 000 311 Section 6. That additional appropriations and the addition of 312 capital projects shall not be initiated except with the consent and approval 313 of the City Council firbt being obtained. 314 Section 7. That the rebtriction with respect to the expenditure 315 of funds appropriated shall apply only to the totals of each project class. 316 All contracts awarded for approved and appropriated capital 317 projects, exclusive of school projects, must be certified as to the availabil- 318 ity of fundb by the Director of Finance prior to the initiation of work on the 319 contract. 320 Section 8. That this ordinance shall be in effect from and after 321 the date of its adoption. 322 Section 9. That if any part or parts, section or sections, 323 sentences, clauses, phrases of thib ordinance is for any reason declared to be 324 unconstitutional or invalid, such decision shall not affect the validity of 325 the remaining portions of this ordinance. 326 Adopted by the Council of the City of Virginia Beach, Virginia on 327 the 26 day of November , 1991. 328 First Reading: November 12, 1991 329 Second Reading: November 26. 1991 DEPARTMENT API,IROVED AS TO LEGAL SUFFICIENCY AND FO @ct ry ATTORNEY - 16 - Item IV-G.2. RESOLUTIONS ITEM # 35084 Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council AGREED to ADD to the AGENDA: Resolution extending an invitation to the people of the City of Miyazaki, Japan, to create a mutual understanding and establish a Sister City relationship with the City of Virginia Beach. Resolution extending an invitation to the people of the City of Guatemala, Central America, to create a mutual understanding and establish a Sister City relationship with the City of Virginia Beach. Resolution reaffirming the City of Virginia Beach's Sister City relationship and mutual understanding with the City of Moss, Norway. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 17 - Item IV-G.2. RESOLUTIONS ITEM # 35085 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council ADOPTED: Resolution extending an invitation to the people of the City of Miyazaki, Japan, to create a mutual understanding and establish a Sister City relationship with the City of Virginia Beach. Dr. Hiroyuki Hamada, Chairman - Virginia Beach-Miyazaki Friendship Association ACCEPTED the Resolution with appreciation. John Koubaroulis, member of Virginia Beach-Miyazaki Friendship Association, shared the wonderful experience of his visit to Miyazaki, Japan. Dr. Harvey H. Shiflet, endorsed wholehearted support of the Sister City of Miyazaki. The mutual knowledge shared with their culture, educational process and all aspects of life will benefit both cities. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None mram: tole $isler Eitg concept- was initiqiirat-et) t@@l t'lle Prtsl,)enL, '[ tlic Unitla Statles ill 1056 Lo est-ablisli qreiler frient@sliip int) iii,Oerstant)ing bet-ween the. peoples Of Lhe Unibc6 $I,ab2s ana 'it-her liatirns throll@31, Lhe m@6iiim ,( Oirecl- personal cont'ICLI; All SUCCee6in, rX(MW: .1 Uii!Lc@ Pr@$!Llents liave entlarset) sail) prngrim Lti he criiibuclca Cor l-lie bralo pllrp'oscs of Ll,c exchanqe of ibe@ls lilt) peaple helween Lhe citizens at Lhe UnittO $biles if Americi inl Llie peoples of @,Llier n-ii-ions; IXMRW: to implement, LIiis prnqrim, llip, cilt If I)irginia Beacli has entereo inlti an internaLional frient@hip to affiliiLe, toith Migazaki t i L,3, Iapan, l Cit!l tif similar cli,iract-cristics anO m"t-ual intcrest; ant), MMRLU: the I)irginia Deach titg Catincil , in hCllalC @,[ lier CiL!zens, Oc@s rtcrtqnize in6 enburse this prejrim ivilh tlie hope ll,al it, @Dill lea6 ta a lastin,,l frient@ship between the people at Ltic CiLg of larginia Beach an6 Llie Cit,,3 if Migazaki CILB. Now, tlmRFFOREI BE it RUOF:VED- @hiL, bile I)irginia BC@ich citg Council, an behilf of the people ot tlit Cl" of I)irginia Be-,ich, Ones c)clenb an inuitation to Llc Pe(,Ple ar mi!lazahi cit!3 t!a participate Is iLs $ister CLLG for tlie piirpise tf creating _qrcater mittual un6erstanbtnq between Lbe peop1cs of @ur LiDa greal cities ii,@ nitions; Lhe InaBor Is hereti!3 auLIiarized b(, aCt as the ofelcial mpr@enblti,)C; ano, C.Pies of Li,is RcsolitLinn are t," be sent to I,.he Magar and CibU Council of MiAazahi CIL!I, Iipan, II,e Embassil aC Jipan in AMerica, Inb Lhe ltnitt6 @tat'@s Embass!A in Iapan. cluen uii6er m@ han6 anO seal Lhis @menL@-sixLll at November, Nineteen liun6reb an@ Ninet@-One. Me,jerl E. obern0arf Magar - 18 - Item IV-G.3. RESOLUTIONS ITEM # 35086 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council ADOPTED: Resolution extending an invitation to the people of the City of Guatemala, Central America, to create a mutual understanding and establish a Sister City relationship with the City of Virginia Beach. A. James DeBellis, President - Virginia Beach Sister Cities Association, ACCEPTED the Resolution with appreciation Colonel Angel Morales, advised one of his dreams was to see the AMERICAS together. There are twenty-two (22) major countries in the AMERICAS, nineteen (19) of which are Hispanic Countries. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None IMMRIW: the sister Citg cirtcept w-,ts lnau2ilrated b8 Lhe Presibent of the Unitea $taLes in 1956 L,u establish greater fritnbshili in6 unL)erstan6inq between the peaples 3f the Unibe6 @"tes an6 allher nations through Llic me6litni if Oirect personal cantact; lo@: All surcceoing Unite6 %Lates' Presi@ents biue enbnrsed saib program to be conbuctea for the broaa purposes of the exch, noe nE it)eas on6 penple bptiocen the citizens of the ItniL,a $Lates of America anb Lhe ploples of other nations; im@: to implement this program, the Citg of I)irginia Beach anb other cc=unities in bbe Uniteb $bates liave been requesl!eo b@ sisler Cities Internatiinal to affiliate with ciL,ies in nbher navions at similar cliaraclcristics anA mutual interest; and, 1%@: Clie I)irginia Beach Cltg Council, in behalf of her citizens, does recognize and enaorse t!his program with the hope that iL will leab to a lasting friendship between the people of the Citg of Virginia Beach an@ Lhe Cit,!l af OtiaLemala Citg. Now I ti@ORE, BE %t : cliat the Virginia Beach Cibg Council, an behalf Df the people of bhe Cit,!l of I)Irginta Beach, does berebb exten6 an invitation La the people of Guatemala Citg t!o participate as iLs Sister Citg for Lhe purpase of creating greater mutual understanbing between the ptoples of our two gr.!ab cilies anb iiations; the Mager is herebg autharize6 t!o act as the official represental!vt; ana, copies of this ;tesolutinn are Lo be sent to the magar and citg councii ar cuatemala Cit@, Cent!ral America, @isler CiLies InLernational, the rmbassA of CenLral America, an6 the United ;tales Embass@ in GuaLemala Citg. Given un0er mB liano an@ seal tiiis cwentg-s!xlli @a@ of Nnkembtr, Nineteen liun6ra an6 NinetU-One. Mcgera E. Olitrn6crE MaBor 1 9 Item IV-G.3. RESOLUTIONS ITEM # 35087 Upon motion by Vice Mayor Fentress, seconded by Counci lwoman Parker, Clty Council ADOPTED: Resolution reaffirming the City of Virginia Beach's Sister City relationship and mutual understanding with the City of Moss, Norway. Kay Griggs ACCEPTED the Resolution with appreciation and was dellghted the Sister Cities of Guatemala, Central America, and the City of Miyazaki, Japan, would be enjoying the relationship with Virginia Beach. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None IN@: the $isler C!Lu concepl ioas inangurateb lig LIle Presi4ent of the llnited $tates in 1956 La esL,abllsb greater fricnbsliip aiia iin6crstailbing between Lhc pcoples of the UniLed States anO alher nalions thraugh LIic mcai= af @irccl personal cunlact; U@: All succcc6lng 11niLed Statcs' PresiacilLs liavc inharsed saltl program to bc canductea for blic broa@ purposes of Llic txchange of i@ezs inO People belweell tile CiLiAcns of thc UniLed ;LaLcs of America ana the peuples or aliter nalixins; M@: Ca implemenl bhls I)ragram, LIie c!Lu or virqiiiia Beach an@ GLIJer cammunilies in blic Unit" .!L,aLes hive been re,jucsled bH $IsLer Cities lnttrnabional La affiliale Witil cities in other iiabluns of similar cliaracLerisLics aiia mutual lntcres@; JU@: Thr. Ulrginia Dcacil Clbg Council, In b.half Lif licr c!Lizeiis, does rccoqniat an@ endorse tliis program which l,as led Lc a lasliiig frienoiltip bttwken Lhe people aC, the Citg of Virginia ileach ana the CILU of Moss, N.rwag. mom, U@ORE, 13C It RUOI:M: lrhlt Lhc I)irainla Dcacl@ CILU C.ulicil, an belialt af Llie people of t-he CITU of I)Irginia 13taCh, bats li@rtb@ re-actirm l@er frien"hip and c@ilm.nt Lo the people Citg of Moss, Norwau. Civen unber our lian6s ona seal Litis @wenig-sixlli aa2 of Nuvember, HintLeen Itundra ana NinoLB-One. McUtra E. Obcrn6arf Magur - 20 - Item IV-I.H.1 & 2 PUBLIC HEARING ITEM # 35088 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT (a) OTIS AND LEONA M. TATEM VARIANCE AND STREET CLOSURE (b) M & S COMMUNICATIONS, INC. CONDITIONAL USE PERMIT (c) SATURN OF VIRGINIA BEACH, INC. CONDITIONAL USE PERMIT (d) FAITH WORKS CONDITIONAL USE PERMIT (e) ROSEMONT FOREST COMMERCIAL ASSOCIATES CONDITIONAL USE PERMIT (f) VIRGINIA BEACH CHURCH OF GOD CONDITIONAL USE PERMIT PLANNING (a) ARTHUR ALLEN/ROBERT R. ROWLAND & CONDITIONAL USE PERMIT W. TOM PATTON, TRUSTEES ALL SAINTS EPISCOPAL CHURCH (b) AQUA SPORTS, INC. RECONSIDERATION OF In behalf of CONDITIONS OCEAN BREEZE FESTIVAL PARK, INC. (c) GEMINI BUILDERS, INC. STREET CLOSURE (d) BETTY JACOBSON AND PAM HERMAN CONDITIONAL USE PERMIT (e) PHIL M. BONIFANT CONDITIONAL USE PERMIT (t) AQUA INVESTMENT ASSOCIATES, L.P. STREET CLOSURE (g) VIRGINIA H. MEREDITH CONDITIONAL ZONING CLASSIFICATION - 21 - Item IV-1-1. PUBLIC HEARING ITEM # 35089 PLANNING BY CONSENT Upon motion by Vice Mayor Fentress, seconded by Counci iman Heischober, City Council APPROVED In ONE MOTION Items la, b, c, d, e and f of the PLANNING BY CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Harold Heischober, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 22 - Item IV-I.Ia. pUBLIC HEARING ITEM # 35090 PLANNING BY CONSENT Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED the application of OTIS AND LFONA M. TATEt4 for a Variance tc) Section 4.4(b) of the Subdivision Ordinance and ADOPTED the Ordinance upon application of OTIS AND LEONA M. TATEM for a Conditional Use Permit. Application of Otis and Leona M. Tatem for a Variance to Section 4.4(b) of the Subdivision Ordinance. The property is located at 1969 Gum Bridge Road. PUNGO BOROUGH. A N D, ORDINANCE UPON APPLICATION OF OTIS AND LEONA M. TATEM FOR A CONDITONAL USF PERMIT FOR A SINGLE FAMILY DWELLING IN THE AG-2 AGRICULTURAL DISTRICT R011911401 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Otis and Leona M. Tatem for a Conditional Use Permit for a single- family dwelling in the AG-2 Agricultural District on the south side of Gum Bridge Road, 1950 feet more or less east of Princess Anne Road. The parcel is located at 1969 Gum Bridge Road and contains 4 acres. PUNGO BOROUGH. The following conditions shall be required: 1. A right-of-way dedication is required along the entire Gum Bridge Road frontage to provide for a minimum 50-foot right-of-way. 2. Any new residential structures shall have a minimum setback of 100 feet from Gum Bridge Road. 3. The Conditional Use Permit shall be considered activated with the recordation of a final subdivision plat. The OWNF OR AL REPRESENTATIVE conditions for ,R LFJG of the Owner, has reviewed the APPROVAL and has signed a STATEMENT OF CONSENT. Said STA OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the t - six h of Novebe., Nineteen Hundr - 23 - Item IV-1.1.a. PUBLIC HEARING ITEM # 35090 (Continued) PLANNING BY CONSENT OTIS AND LEONA M. TATEM Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None STATEMENT OF CONSENT APPLICANT: OTIS and LEONA M. TATEM APPLICATION: Conditional Use Permit - 1969 Gum Bridge Road (Pungo Borough) DESCRIPTiON: Single tamily dwelling (AG-2 Agricultural District) CITY COUNCIL SESSION: November 26, 1991 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) 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 THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. A right-of-way dedication is required along the entire Gum Bridge Road frontage to provide for a minimum 50 toot right-of-waY- 2. Any new residential structures shall have a minimum setback of 100 feet frorn Gum Bridge Road. 3. This Conditional Use Permit shall be considered activated with the recordation of a final Subdivision plat. wn.r By: Att-rney Agnt Date: 2& 41 - 24 - Item IV-1.1.b. PUBLIC HEARING ITEM # 35091 PLANNING BY CONSENT Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City Council ADOPTED an Ordinance upon application of M & S COMMUNICATIONS, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF M & S COMMUNICATIONS, INC. FOR A CONDITIONAL USE PERMIT FOR A CONTRACTOR'S STORAGE YARD R011911402 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of M & S Communications for a Conditional Use Permit for a contractor's storage yard on the south side of Southern Boulevard, 880 feet west of South Birdneck Road. The parcel is located at 1211 Southern Boulevard and contains 1.1748 acres. LYNNHAVEN BOROUGH. The followlng conditions shall be required: 1. The storage yard and the proposed parking area shall adhere to the Stormwater Mangement Ordinance and the the Chesapeake Bay Preservation Area Ordinance. 2. The Category 11 and Category vi landscape/screening, as depicted on the submitted site plan, are required. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- sixth of November, Nineteen Hundred and Ninety-One. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None STATEMENT OF CONSENT APPLICANT: M & S COMMUNICATIONS, INC. APPLICATION: Conditional Use Permit - 1211 Southern Boulevard (Lynnhaven Borough) DESCRIPTION: Contractor's storage yard CITY COUNCIL SESSION: November 26, 1991 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VLRGINIA 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 BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. The storage yard and the proposed parking area shall adhere to the Stormwater Management Ordinance and to the Chesapeake Bay Preservation Area Ordinance. 2. The Category 11 and Category VI landscape/screening, as depicted on the submitted site plan, are required. Owner By: At Da e: //- @./- 91 - 25 - Item IV-I.l.c- PUBLIC HMING ITEM # 35092 PLANNING BY CONSENT Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of SATURN OF VIRGINIA BEACH, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SATURN OF VIRGINIA BEACH, INC. FOR A CONDITIONAL USE PERMIT FOR AUTOMOTIVE SALES AND SERVICE R011911403 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Saturn of Virginia Beach, Tnc. for a Conditional Use Permit for automotive sales and service at the northeast corner of Laskin Road and Victor Road. The Parcel is located at 1808 Laskin Road and contains 3.229 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. All lighting on the site shall be shielded away from all of the adjoining residential properties. 2. The use of any external public address system shall be prohibited. 3. No outside storage of parts or tires shall be permitted. 4. No trash dumpster or receptacles shall be located within 50 feet of any residential property line. 5. The applicant shall work with the Zoning Administrator to bring signage on the site more in conformance with provisions outlined in the City Zoning Ordinance. 6. To supplement existing planting, anisetree, inkberry or similar evergreen shrubbery, tolerant of wet growing conditions, shall be planted along the Western property line adjoining existing residential homesites. Minimum shrub height at planting shall be 3-4 feet and maximum spacing shall be 4' on center. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- sixth of November, Nineteen Hundred and Ninetv-One. - 26 - item iv-1.1-c- PUBLIC HEARING ITEM # 35092 (Continued) PLANNING BY CONSENT SATURN OF VIRGINIA BEACH, INC- Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vlce Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Cc)uncil Members Voting Nay: None Council Members Absent: None STATEMENT OF CONSENT APPLICANT: SATURN OF VIRGINIA BEACH, INC- APPLICATION: Conditional Use Permit - 1808 Laskin Road (Lynnhaven Borough) DESCRIPTION: Auitomotive sales and service CITY COUNCIL SESSION: November 26, 199, THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) 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 THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. All lighting on the site shall be shielded away from all of the adjolnlng residential properties. 2. The use of any external public address system shall be prohibited. 3. No outside storage of parts or tires shall be permitted. 4. No trash dumpster or receptacles shall be located within 50 feet of any residential property line. 5. The applicant shall work with the Zoning Administrator to bring signage on the site more in conformance with provisions outlined in the City Zoning Ordinance. 6. To supplement exlsting planting, anisetree, inkberry or similar evergreen shrubbery, tolerant of wet growing conditions, shall be planted along the Western property line adjoining existing residential homesites. Mlnlmum shrub height at planting shall be 3-4 feet and maximum spacing shall be 41 on center. Owner B Agen Date: 26. - - 27 - Item IV-I.I.d. PUBLIC HEARING ITEM # 35093 PLANNING BY CONSENT Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of FAITH WORKS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FAITH WORKS FOR A CONDITIONAL USE PERMIT FOR A CHURCH R011911404 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Faith Works for a Conditional Use Permit for a church at the northwest corner of South Lynnhaven Road and Old Towne Lane. The parcel is located at 853 South Lynnhaven Road and contains 2560 square feet. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. A one year time limit shall be placed on the use permit. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- sixth of November, Nineteen Hundred and Ninety-One. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None STATEMENT OF CONSENT APPLICANT: FAITH WORKS APPLICATION: Conditional Use Permit - 853 South Lynnhaven Road (Princess Anne Borough) DESCRIPTION: Church CITY COUNCLL SESSION: November 26, 1991 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) 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 THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. A one-year time limit shall be placed on the use permit. @6@ @ O@ner By: Attorney/Agent Date: //- 2 c -- @/ - 28 - Item V-Ile. PUBLIC HEARING ITEM # 35094 PLANNING BY CONSENT Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, CitY Council ADOPTED an Ordinance upon application of ROSEt4ONT FOREST COMMERCIAL ASSOCIATES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROSEMONT FOREST COMMERCIAL ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A COMMERCIAL RECREATTONAL FACILITY R011911405 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Rosemont Forest Commercial Associates for a Conditional Use Permit for a commercial recreational facility other than that of an outdoor nature (slot car raceway) on the west side of Pleasant Vallley Road, north of Lynnhaven Parkway. The parcel is located at 4221 Pleasant Valley Road and contains 9.863 acres. KEMPSVILE BOROUGH. The following conditions shall be required: 1. A bicycle rack shall be provided and located so it will not interfere with pedestrian sidewalk traffic. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the nt sixth of November, Nineteen Hundred and Ninety-One. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None STATEMENT OF CONSENT APPLICANT: ROSEMONT FOREST COMMERCIAL ASSOCIATES APPLICATION: Conditional Use Permit - 4221 Pleasant Valley Road (Kempsville Borough) DESCRIPTION: Commercial recreational facility other than that of an outdoor nature (slot car raceway) CITY COUNCIL SESSION: November 26, 1991 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) 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 THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. A b i cyc I e rack sha I I be prov i ded and I ocated so i t w i I I not interfere with pedestrian sidewalk traffic. Owne By: p Att.r.ey Agent Date:- - 29 - Item IV-I.l.f. PUBLIC HEARING ITEM # 35095 PLANNING BY CONSENT Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH CHURCH OF GOD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH CHURCH OF GOD FOR A CONDITIONAL USE PERMIT FOR A CHURCH R011911406 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Beach Church of God for a Conditional Use Permit for a church at the southeast corner of Pleasure House Road and Andrew Jackson Lane. The parcel is located at 1510 Pleasure House Road, Suite #2, and contains 22,651 square feet BAYSIDE BOROUGH. The following conditions shall be required: 1. The use permit shall be approved for a period of two years. 2. Parking lot striping shall be placed on the rear parking area. The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- sixth of November, Nineteen Hundred and Ninetv-One. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None STATEMENT OF CONSENT APPLICANT: VIRGINIA BEACH CHURCH OF GOD APPLICATION: Conditional Use Permit - 1510 Pleasure House Road, Suite #2 (Bayside Borough) DESCRIPTION: Church CITY COUNCIL SESSION: November 26, 1991 THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS) 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 THE ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO: 1. The use permit shall be approved for a period of two years. 2. Parking lot striping shall be placed on the rear parking area. Owner By:.6,7-- Attorney/Ag@ J( Date: -- -7/ - 30 - Item IV-I.2.a. PUBLIC HEARING ITEM # 35096 PLANNING James R. Fox, 2256 Sandlewood, Phone: 481-6794, Member of All Saints Episcoal Church Reverend Stanley Sawyer, 1412 Rutland Drive, Phone: 481-0577 Upon motion by Councilman Brazier, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to Authorize a Temporary Encroachment into a portion of the right-of-way of Great Neck Road to the Trustees of All Saints Episcopal Church, their heirs, assigns and successors in title. The City Staff shall prepare guidelines concerning directional signs for Churches. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner agrees said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to to size, alignment and location. 5. Prior to any construction within the existing public right- of-way, the owner or his agent shall obtain a permit from the Development Services Center (DSC). 6. Prior to issuance of a Right-of-Way Permit, the owner or his agent must post a Performance Bond and show proof of public liability (minimum $300,000). Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF THE 4 RIGHT-OF-WAY OF GREAT 5 NECK ROAD TO THE TRUSTEES 6 OF ALL SAINTS EPISCOPAL 7 CHURCH, THEIR HEIRS, 8 ASSIGNS AND SUCCESSORS IN 9 TITLE 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That pursuant to the authority and to the extent thereof 13 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 14 Arthur Allen, Robert R. Rowland, and W. Tom Patton, their heirs, 15 assigns and successors in title are authorized to construct and 16 maintain a temporary encroachment into the right-of-way of Great 17 Neck Road. 18 That the temporary encroachment herein authorized is for 19 the purpose of constructing and maintaining a directional sign and 20 that said encroachment shall be constructed and maintained in 21 accordance with the City of Virginia Beach Public Works 22 Department's specifications as to size, aligrlment and location, and 23 further that such temporary encroachment is more particularly 24 described as follows: 25 An area of encroachment into a 26 portion of the City's right-of-way 27 known as Great Neck Road, on the 28 certain plat entitled: " PLAT 29 SHOWING ENCROACHING DIRECTIONAL SIGN 30 FOR ALL SAINTS EPISCOPAL CHURCH 9-5- 31 91 SHEET 1 of 3,11 a copy of which is 32 on file in the Department of Public 33 Works and to which reference is made 34 for a mare particular description. 35 PROVIDED, HOWEVER, that the temporary encroachment herein 36 authorized shall terminate upon notice by the City of Virginia 37 Beach to the Trustees of All Saints Episcopal Church, themselves, 38 their heirs, assigns and successors in title and that within thirty 39 (30) days after such notice is given, said encroachment shall be 40 removed from the City's right-of-way of Great Neck Road and that 41 the trustees of All Saints Episcopal Church, his heirs, assigns and 42 successors in title shall bear all costs and expenses of such 43 removal. 44 AND, PROVIDED FURTHER, that it is expressly understood 45 and agreed that the trustees of All Saints Episcopal Church, their 46 heirs, assigns and successors in title shall indemnify and hold 47 harmless the City of Virginia Beach, its agents and employees from 48 and against all claims, damages, losses and expenses including 49 reasonable attorney's fees in case it shall be necessary to file or 50 defend an action arising out of the location or existence of such 51 encroachment. 52 AND, PROVIDED FURTHER, that the party of the second part 53 agrees to maintain said encroachment so as not to become unsightly 54 or a hazard. 55 AND, PROVIDED FURTHER, that this ordinance shall not be 56 in effect until such time that Arthur Allen, Robert R. Rowland, and 57 W. Tom Patton execute an agreement with the City of Virginia Beach 58 encompassing the aforementioned provisions. 59 Adopted by the Council of the City of Virginia Beach, 60 Virginia, on the 26 day of November 19 91 61 KL/tga 62 10/08/91 63 allsaint.ord 2 THE EPISCOPAI CHURCH WELCOMES YOU ALL SAINTS'CHUR 2 BLOCKS 12 71@ '70". T50. 1499-46-28: 1499 46 1499-46-065 H0320200000019 1499-46-746 H032010000001c 99-46'-4387 1499 46 746 EXHIBIT "A" SHOWIAI,9 PIA T ro@ NOT A SUBDIVISION OF LAND 1:0:2 13AY L@ROJECT SITE LOCATION MAP - 31 - Item IV-1.2.b- PUBLIC HEARING ITEM # 35097 PLANNING The tollowing registered in SUPPORT of the application: Attorney Wlliam R. O'Brien, 2368 Haversham Close, Phone: 498-1417 Tracy Halman, 265 Kings Grant, Phone: 498-0215, represented Ocean Occasions Linwood Branch, 773 Arctic Avenue, Phone: 425-1722, President, Virginia Beach Hotel/Motel Association Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City Council APPROVED Revision to Conditlons Number 9 and 10 In the Reconsideration of the June 23, 1986, approved application of OCEAN BREEZE FESTIVAL PARK, INC. (AQUA SPORTS, INC.) for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF OCEAN BREEZE FESTIVAL PARK, INC. (AQUA SPORTS, INC.) FOR A CONDITIONAL USE PERMIT FOR RECREATIONAL FACILITIES OF AN OUTDOOR NATURE R0686849 Ordinance upon application of Ocean Breeze Festival Park (Aqua Sports, Inc.) for a Conditional Use Permit for recreational facilities of an outdoor nature on certain property located on the east side of South Birdneck Road, 830 feet more or less south of Bells Road. Said parcel contain 74.5 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH The site plan shall be modified by relocating the area in which the mechanical rides, including the roller coaster which will exceed the 35-toot height limitation, will be located. The new location is more central within the park. The Conditions shall be AMENDED as tollows: 9. A. There shall be no public address system other than background music and emergency announcements. B. No recreational use of Owls Creek assoclated with this park. C. The outdoor concert stage shall not encroach Into the treed area in the northwest portion of the site. The concerts must conclude by 11:00 P.M. The stage anc I be orien e away from Owls (;reek. During detailed site plan review, the applicant shall engineer the stage to minimize sound in the Owls Creek area. Engineering plans must meet the approval of the Director of Museums and the Planning Director. D. Noise shall be monitored and evaluated according to acceptable decible standards. (The acceptable level will be determined.) 10. A. The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991, by Bruce B. Robinson Architecture/Design. Height limitation will be varied in this area only. - 32 - Item IV-I.2.b. PUBLIC HEARING ITEM # 35097 (Continued) PLANNING B. A Board of Zoning Appeals variance is required for all structures exceeding the 35-foot height limitation which may occur only in the area of Condition #10A as described above C. The proposed tram is approved only for the route shown on the submitted site plan dated January 31, 1990, by Talbot and Associates. This route is parallel to the existing roadway. The tram shall not be allowed to cross Owls Creek in any other location. D. Trees shall be preserved on the development site where possible. A tree protection and planting plan shall be submitted to the City Arborist and Director of the Virignia Museum of Marine Science for review before any clearing or development activity takes place. The plan shall include a pre- and post-development tree inventory. This condition shall apply to all future development E. No motorized rides or disturbing activities shall be operated after 12 MIDNIGHT. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 33 - Item IV-I.2.c. PUBLIC HEARING ITEM # 35098 PLANNING Tom Hansen, Vice President - Gemini Builders, 4538 Bonney Road, Phone: 490- 0161, was in attendance to respond to City Council inquiries. Upon motion by Councilman Clyburn, seconded by Councilman Jones, City Council AUTHORIZED FINAL APPROVAL of the Ordinance upon application of GEMINI BUILDERS, INC. for the discontinuance, closure and abandonment of a portion of Old Princess Anne Road: Petition of GEMINI BUILDERS, INC. for the discontinuance, closure and abandonment of a portion of Old Princess Anne Road located on the eastern boundary of Old Princess Anne Road, beginning at a point 68.3 feet south of Dunhill Drive and running in a southerly direction a distance of 677.70 feet. Said parcel is 20 feet in width and contains 13,550 square feet. KEMPSVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Pentress, Harold Heischober, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Paul J. Lanteigne - 34 - Item IV-1.2.d. PUBLIC HEARING ITEM # 35099 PLANNING Upon motion by Counci lwoman McClanan, seconded by Counci lman Brazier, City Council ADOPTED an Ordinance upon application of BETTY JACOBSON AND PAM HERMAN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BETTY JACOBSON AND PAM HERMAN FOR A CONDITIONAL USE PERMIT FOR BOARDING HORSES R011911406 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon appl ication of Betty Jacobson and Pam Herman for a Conditional Use Permit for boarding horses on the west side of West Neck Road, 470 feet north of West Landing Road. The parcel is located at 3605 West Neck Road and contains 27.075 acres. The followlng conditions shall be required: 1. A maximum of 26 boarded horses shall be allowed. 2. No renta I of horses to the genera I pu b I i c w 1 1 1 be permitted. However, riding lessons may be provided to the public. 3. One public restroom shall be provided. This Ordinance shal I be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Counci I of the City of Virginia Beach, Virginia, on the Twenty- sixth of November, Nineteen Hundred and Ninety-One. Voting: 10-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and W i I I lam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Harold Heischober - 35 - Item IV-1.2.e. PUBLIC HEARING ITEM # 35100 PLANNING Attorney John W. Richardson, Stallings and Richardson, P.O. Box 687, represented the applicant. Charles Traub, I 11, 784 Glasgow Court, Phone: 340-9056, spoke In OPPOSITION. Mr. Traub's Statement is herby made a part of the record. Upon motion by Counci Iman Lanteigne, seconded by Counci Iman Sessoms, City Counci I ADOPTED an Ordinance upon appl ication of PHIL M. BONIFANT for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PHIL M. BONIFANT FOR A CONDITIONAL USE PERMIT FOR SINGLE-FAMILY PARCELS IN THE AG-1 AND AG-2 AGRICULTURAL DISTRICT R011911407 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRGINIA Ordinance upon appl ication of Phi I M. Bonifant for a Conditional Use Permit for single-fami ly parcels in the AG-1 and AG-2 Agricultural District on property located on the southeast side of Princess Anne Road, 830 feet more or less southeast of Munden Point Road. The parcels contain 69 acres. PUNGO BOROUGH. The following conditions shall be required: 1. Only one access point will be permitted on Princess Anne Road to serve as shared access for lots nine and ten. 2. A maximum of two (2) bullding permits will be granted per year. 3. In accordance with the Master Street and Highway Plan, a right of-way dedication of approximately eight (8) feet will be required along the entire frontage of this property as It adjoins Princess Anne Road. 4. A right-of-way dedication is required along the entire Landing Road frontage to provide for a minimum 50-foot right-of-way. 5. Best Management Practice facilities for controlling stormwater runott in accordance with the provisions of the Stormwater Management Ordinance shall be identified on the construction plans. 6. A permanent conservation easement shall be provided on the lots adjoining the North Landing River. The conservation easement shall include the limit of tidal and non-tidal wetlands connected to the North Landing River. Tidal wetlands shall be delineated as defined in Article 14, Wetlands Zoning Ordinance, of the Zoning Ordinance. Non-tidal wetlands shall be delineated by the City Soil Scientist and those soils identified or referred to in the City of Virginia Beach Soi I Survey by so! I names Back Bay Mucky Peat; Duckston portion of Duckston-Corol la Fine Sands; Dorovan Mucky Peat; Duckston Fine Sand; Nawney Silt Loam; Pamlico Mucky Peat and Rappahanock Mucky Peat, strongly saline. - 37 - item IV-1.2.f- PUBLIC HEARING ITEM # 35101 PLANNING Tom Lyons, 3600 Pacific Avenue, Phone: 425-5422, represented the applicant Upon motion by Vice Mayor Fentress, seconded by Cc)unci iman Sessoms, City compliance of conditions by May 26, 11)92, the Council APPROYED sublect to discontinuance, closure and petition of AQUA INVE@TMENT ASSOCIATES, L.P for the abandonment of a portion of 39th Street. petition upon application of Aqua investment Associates, L.P. for the discontinuance, closure and abandonment of a portion of 39th Street beginning at a point 65.43 feet east of Atlantic Avenue and running in an easterly direction a distance of 84.57 teet along the northern property line. Said parcel contains 3,182 square feet. VIRGINIA BEACH BOROUGH. The followlng conditions shall be required: 1. The ultimate disposition of this property shall be by purchase rather than direct conveyance, subject to determination by the City Attorney's office. The value of any improvements made by the applicant extending the boardwalk across the Holiday Inn frontage may be credited against the value of the right-of-way. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into adjoining parcels. 3. An easement satlsfactory to Virginia Natural Gas is required over their facilities located within the right-of-way proposed for closure. Evidence that this easement has been provided to the satisfaction of the Virginia Natural Gas must be submitted to the Planning Department by the applicant. 4. A perpetual and irrevocable easement for public beach access across this site must be provided. 5. The applicant shall submit a revised Ordinance closing the right-of-way to the City Attorney's office. The redraft shall Include a "save and except" clause for the utility and access easements to the City of Virginia Beach required by Conditions No. 3 and No. 4. 6. Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within l@o days (May 26, 1992) of the approval by City Council. 7. improvements, including landscaping, to the site shall be substantially in conformation with the renderings entitied "Swimming Pool Plaza, Williams, Tazewell and Associates" and "Beach Access Pavilion, Holiday Inn on the Ocean, A Distinctive Resort Hotel, Williams, Tazewell and Associates" as shown to the Planning Commission on October 9, 1991, and on file In the Planning Department. - 38 - Item iv-1.2-f- PUBLIC HEARING ITEM # 35101 (Continued) PLANNING 8. The doors providing public access to the beach will remain open from May First to October First, except during inclement weather. 9. A sign denoting public access to the beach will be displayed. 10. There shall be a nine-(9) foot height limitation on the elevator. The breezeway is not to exceed a height of 10-1/2 feet and the cupola is to be eliminated. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 39 - Item 1 2. PUBLIC HEARING ITEM # 35102 PLANNING Edward Caton, post office Box 6, Phone: 428-4681, represented the applicant Mayor Oberndorf received a ?phone call from Bob Scott of 2708/2712 Ocean Shore Avenue, registering his OPPOSITION to the Ordinance. Upon motion by Councilman Brazier, seconded by Councilwoinan Parker, City Council DEFERRED for ninety (90) days an Ordinance upon application of VIRGINIA H. MEREDITH for a Conditional Zoning Classification: ORDINANCE UPON APPLICATION OF VIRGINIA H. MEREDITH FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-7.5 TO R-5R BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia H. Meredith for a Conditional Zoning Classification from R-7.5 Residential District to R-5R Residential Resort District on Lot 101, Plat #1, Cape Story by the Sea. The proposed zoning classification change to R-5R Residential Resort District is for residential land use at a density no greater than 6 dwelling units per acre. The Comprehensive Plan recommends use ot this parcel with single-family use in accordance with other Plan policies. Said parcel is located at 2692 Ocean Shore Avenue and contains 7,150 square feet. LYNNHAVEN BOROUGH. The City Staff will reevaluate the 1965 zoning of this particular area and determine if adjustments are in order. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 40 - Item IV-1- CONSENT AGENDA ITEM # 35103 Upon motion by Vir-e Mayor Fentress, seconded by Councilman Clyburn, CitY Council APPROVED in ONE MOTION items 1, 2, 3, 4b, 5 and 6 of the CONSENT AGENDA. Item IV-4a- was pulled for a separate motion. Voting'. 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 41 - Item IV-1-1 CONSENT AGENDA ITEM # 35104 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing the City Manager to enter into a contract with Barker campbell & Farley on behalt ot the City to administer the advertising account of the Department of Economic Development. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W- Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO A CONTRACT ON 3 BEHALF OF THE CITY WITH BAPKER 4 CAMPBELL & FARLEY TO ADMINISTER THE 5 ADVERTISING ACCOUNT OF THE 6 DEPARTMENT OF ECONOMIC DEVELOPMENT 7 WHEREAS, on July 9, iggi, city council established the 8 Advertising Advisory Review Coinmittee for the purpose of selecting 9 the agency that is the most qualified to administer the advertising 10 account of the Department of Economic Development; 11 WHEREAS, with guidance and input from the Committee, the 12 City issued a Request for Proposals (RFP) on September 19, 1991, 13 for the selection of an agency to administer the economic 14 development advertising account; 15 WHEREAS, seven (7) agencies submitted proposals in 16 response to the RFP; 17 WHEREAS, the Committee evaluated and ranked the is proposals, and chose two (2) agencies for further consideration 19 based on a determination that the two agencies chosen were the most 20 qualified to perform the services outlined in the RFP in a manner 21 most consistent with, and favorable to the City's needs; 22 WHEREAS, the two top-ranked agencies made presentations 23 to the Committee in an effort to further demonstrate their ability 24 to administer the City's economic development advertising account; 25 WHEREAS, based on the written proposals and on the 26 presentations, the Committee determined that the agency of Barker 27 Campbell & Farley provided the best proposal and, therefore, is the 28 most qualified agency to provide the services outlined in the RFP 29 at a level most consistent with, and favorable to the City's 30 specific needs. 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA: 33 That the City Manager is hereby authorized to enter into 34 a contract, on behalf of the City, with Barker Campbell & Farley to 35 administer the advertising account of the Department of EcOllO@ic 36 Development. il of the CitY of Virginia Beach, 37 Adopted by the counc 38 virginia, on the 26day of November 1991. 39 CA-4498 40 ORDIN\NONCODE\BARKER.ORD - 41 R-1 APPROVED AS TO APPROVED As TO CONTENTS: LEG ENCY w. Andrew i3urre 2 ADVERTISING AGENT AGREEMENT: ECONOMIC DEVELOPMENT THIS AGREEMENT is made this _ day of 1991, by and between BARKER CAMPBELL & FARLEY, 240 Business Park Drive, virginia Beach, Virginia (hereinafter referred to a s "Agency"), and the CITY OF VIRGINIA BEACH, (hereinafter referred to as "City"), acting by and through the Director of the Department of Economic Development, (hereinafter referred to as the "Director"). W I T N E S S E T H That for and in consideration of the mutual promises hereinafter set forth, the Agency and the City covenant and agree each with the other as follows: 1. That beginning January 1, 1992, and continuing for a term of two (2) years, or until December 31, 1993, the Agency shall perform such advertising services as may be authorized and required by the Director to advertise and promote Economic Development in the City of Virginia Beach and to analyze, at the request of the Director, the effectiveness of the advertising programs implemented pursuant to this Agreement. The City may at its option extend the term on a year-to-year basis, but in no event can this agreement be extended past December 31, 1995. 2. Notwithstanding anything herein to the contrary, combined, total expenditures to and through the Agency for advertising including all related charges, shall not exceed those annual advertising budgets established by the Director with the thorized for city and any additional amounts that may be duly au i of this Agreement. any year during the per od 3. Advertising and Promotion. A. With respect tc) commissionable medial the Agency will be compensated by the City for media space and time costs, less any cash discount allowed by media. The commissions paid the Agency by media shall compensate the Agency for its costs which include but are not in connection with media placements limited to the following: office overhead; (2) customary analysi5 and research; (3) Time as required by the Director in orderi to provide for a close working relationship between the Acjency and 11 the Director, or their representatives, in programming and planning effective advertising and promotion programs; (4) Travel and communication between the offices of the Agency and the Director as may be required of theI Agency by the Director from time to time; and al (5) other out-of-pocket and incident expenses not directly involved in production or media scheduling. B. With respect to noncommissionable media, the Agency will be compensated by the City for media space and time costs, less any cash discount allowed by media. The Agency shall be entitled to a commission of seventeen and sixty-five one hundredths percent (17.65%) (15% of gross billing) on such space 2 and time costs to compensate it for its costs in ccinnection s (1) through therewith Which include but are not limited to item (5) set forth in paragraph 3A above. Any noncommissionable material or work for which the Agency will be compensated shall be discussed and agreed to by the Director prior to Agency's preparation of Such work or material. 4. The Agency shall provide to the City copies of all duly executed contracts and/or insertion orders previously authorized by the Director covering ad insertions in selected newspapers, magazines and other publications. Contracts shall state the name of publications (s) , insertion date (s) , and rate (s) and cash discount(s) if allowed. 5. The Agency shall provide the Director with tearsheets of all ad insertions as soon as practicable after their publication. pensated by the City for 6. The Agency will be coin production costs, including creative direction, visual art work, final art work, cornposition, photographs, typography, engravings and printing with respect to projects finally accepted for use by the City, provided that the Agency shall have first presented to the City any estimate of said production costs and provided further that the final production costs shall not exceed the estimate by more than ten percent (10%). Personal service costs shall be itemized to show actual rate routinely charged by the Agency for the employees, services and the number of hours devoted to the production unit. Any request for payment of production 3 supported by tors shall be services performed by Agency subcontrac itemized invoices from the subcontractor. The Agency shall be xty-five one entitled to an add-on fee of seventeen and si contractor's bill for work hundredths percent (17.65%) of the sub produced bY such subcontractors with respect to projects authorized by the City. Any travel costs in connection with production services will be considered billable if authorized in advance by the Director. such travel will be reimbursed in accordance with the then current city travel regulations. Production costs will be billed at the end of the month in which the production unit is Completed, except in the case of unusually pan an excessive period of time. In such large pro]ects that may s cases, partial billing by the Agency may be rendered at the end of various phases of the project for costs actually incurred by the Agency. 7. Reimbursement to the Agency for authorized special research and other pro]ects not considered as customary services in the execution of advertising and promotion assignments will be subject to advance neciotiation and agreement for each such project. ntrol and time records with respect co I 8. All job co production costs shall be open to inspection by the Director or his authorized agent(s) during regular business hours. 9. For so long as the Agreement remains in effect, neither the Agency nor any of its principals shall participate, in any way, in the advertising or promotion of any State, Regional or 4 ization or any private onomic DevelopMent organ Municipal Ec developer, except as provided for in this Agreement or except with the prior, written approval of the city Manager of the CitY Of Virginia Beach. pt or participate in any 10. The Agency will not acce proposition to promote or otherwise conduct campaigns for political candidates running for City offices and/or for City constitutional offices, so long as this Agreement remains in effect. nt may be terminated by either party, ii. This Agreeme with or without cause, by giving sixty (60) days written notice, to the other by registered or certified mail, to that effect party. Upon termination of this Agreement, the Agency shall: 12. (1) Transfer and make available to the Director or his authorized representative all property and materials under its control which belong to the City and all information regarding the city's advertising and promotion and public relations services and programs in its possessions; and (2) Assign to the city, subject to approval of third parties in interest,if necessary, all reservations, contracts and arrangements with advertising media or others for advertising space, time, materials or services yet to be used with all rights and claims thereto and therein, and no extra compensation shall be paid to the Agency for its services in making such assignment. The City shall assume, upon said assignment, all obligations of 5 y authorized it tO incur with third @l the Agency which the Cit Agency has not been paid, and the City parties and for which the ird party i n shall release the Agenl;y therefrom. if any th the assignment to the city by the Agency interest fails to approve of any reservation, contract, or other arrangement with such third parties, then the Agency shall fulfill its obligation to the CitY pertaining to such reservation, contract, or arrangement as if this Agreement had not been terminated. 13. At th, end of the term of this Agreement or upon termination thereof, all plans for advertising, preliminary sketches, collaterals, layouts, copy materials, films, slides, and other materials used in the city's advertisincj and promotion programs and/or public relations services and paid for by the City shall be exclusive property of the city and returned to the Director. 14. upon termination of this Agreement, the Agency shall bill the City for, and the City sball then pay, all amounts not previously billed or paid for which the Agency is entitled to claim reimbursement from the City under the terms of this Agreement. The Agency is to receive no further compensation or comniissions in connection with space, time, materials, or services, the payment for which shall become due to any advertising medium or others after the termination of this Agreement, except to the extent that the Director shall have already approved material prepared by the Agency and has 6 e in the media for specif c lace the sam authorized the Agency to P S date of termination of this Agree ent. dates that are pa t the 15. Agency shall submit to the City a certificate of insurance written by a company or conpanies acceptable to the of insurance shall be submitted to the city. Such certificate no later than city prior to beginning work under the Agreement and ten (lo) days after execution of the Agreement. Such insurance shall be maintained during the entire term of the contract and shall be in the forms and limits as shown below: A. comprehensive General Liability insurance in an amount not less than $1,000,000. B. Workers, compensation at levels in accordance ,ith Virginia statutory requirements. C. Advertising liability or its equivalent in an amount not less than $5,000,000- 16. The Agency shall provide a standard performance bond in the amount of TWO HUNDRED THOUSAND DOLLARS ($200,000-00) in the form of the bond atta,hed to this Agreement and with surety acceptable to the city Attorney. The Agency agrees that it shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall save the City and its officers and employees harmless from and against all claims of whatever nature asserted by third parties against the City and its officers and employees based upon "contracts" made between the Agency and such third parties in carrying out the terms of this Agreement. Notwithstanding the above, the City 7 shall pay to the Agency any charges made by any such third party where such a contract had been previously presented to and approved by the City and such contract has been satisfactorily performed. The term "contract" as used in this paragraph shall mean an agreement between the Agency and any third party for the purchase of advertising time or space in any medium or the purchase of advertising materials or services, including, but not limited to engravings, films, slides, and production costs. To the extent authorized by law, the City agrees to indemnify the Agency for any loss or damage sustained by the Agency pursuant to a final judgment with respect to a suit instituted by any person against the Agency based solely upon false information supplied to the Agency by the Director and disseminated by the Agency at the direction and with the approval of the Director. The Agency shall notify the Director within ten (10) days of the receipt of notice or service of any such suits, and failure to provide such notice to the Director shall void any obligation whatsoever of the City to indemnify the Agency. 17. Employment discrimination by agency shall be prohibited. During the performance of this contract, the Agency agrees as follows: A. The Agency, shall not discriminate against any employee or applicant for employment because of race, religion, sex, age, national origin, or handicap, except where religion, sex, age, national origin or handicap is a bona fide occupational qualification reasonably necessary to the normal operation of tne 8 Agency. The Agency agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The Agency, in all solicitations or advertisements for employees placed by or on behalf of the Agency, shall state that such Agency is an equal opportunity employer. C. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. 18. Notwithstanding anything in this Agreement to the contrary, in the event that this Agreement is terminated by the City as a result of a breach thereof by the Agency, then the City shall have the right to retain any sums due or to become due to the Agency to be applied to the payment of any damages incurred by the City which result from or arise out of the breach of this Agreement by the Agency. 19. This Agreement is not assignable without the consent of the City and the Agency. 20. This Agreement is entered into and is intended to be performed in Virginia, and the validity, enforceability, interpretation, and construction hereof shall be determined and be governed by the laws of the Commonwealth of Virginia. 21. This Agreement contains the entire agreement between the parties hereto and supersedes any prior or contemporaneous negotiations, understandings, and agreements, written or oral, 9 between the parties. This Agreement shall not be amended or modified, and no waiver of any provision herein shall be effective unless such amendment, modification, or waiver is set forth in a written instrument authorized and executed with the same formality as this Agreement. 22. In the event any provision or provisions of this Agreement are determined to be void, ultra vires, or otherwise unenforceable by a court of jurisdiction, the remaining portions of this Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the Agency and the City have caused this Agreement to be signed and sealed by their duly authorized officers. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee Of City Manager (SEAL) ATTEST: City Clerk BARKER CAMPBELL & FARLEY By President ATTEST: Secretary 10 STATE OF VIRGINIA @@CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement, has acknowledged the same before in my City and State aforesaid. Given under by hand this day of 1991. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1991. Notary Public my Commission Expires: STATE OF VIRGINIA: (:I'I'Y Ok' VIRGINIA BEACH:, to-wit: I, a Notary Public in and for the city and State aforesaid, do hereby certify that I President, for BARKER CAMPBELL & FARLEY, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1991. otary Public My Commission Expires: STATE OF VIRGINIA: CITY OF VIRGINIA BEACH:, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that Secretary, for BARKER CAMPBELL & FARLEY, whose name as such is signed to the foregoing Agreement, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 1991. Nota: My commission Expires: 12 - 42 - Item IV-1.2 CONSENT AGENDA ITEM # 35105 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $14,640 Coastal Management Grant from the Council on the Environment; and, TRANSFER $14,640 required City match from within the Department of Natural Resources and Rural Services FY 1991-1992 Operating Budget re completion of third phase of Natural Areas Inventory. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $14,640 GRANT FROM THE 2 COUNCIL ON THE ENVIRONMENT AND TO TRANSFER $14,640 FROM WITHIN THE 3 FISCAL YEAR 1991-1992 OPERATING BUDGET OF THE DEPARTMENT OF NATURAL 4 RESOURCES AND RURAL SERVICES TO PROVIDE THE REQUIRED GRANT NATCH 5 6 7 WHEREAS, in FY 1989-90 the City Council accepted a Coastal 8 Resources Management Grant from the Council on the Environment to conduct 9 an inventory of the natural resources and areas within the city 10 boundaries; 11 12 WHEREAS, this inventory was divided into three phases: the 13 first phase included an aerial reconnaissance, rare species field survey, 14 qround truthing, and data processing; the second phase included a 15 detailed field inventory of rare plants and animal species; and the third 16 phase will include data analysis and a final report describing the 17 natural communities; 18 19 WHEREAS, the city has received a $14,640 Coastal Management 20 Grant for the third phase of the Natural Areas Inventory; 21 22 WHEREAS, this grant requires a city match of $14,640; 23 24 WHEREAS, funding is available in the Department of Natural 25 Resources and Rural Services Fiscal Year 1991-1992 Operating Budget, 26 lapsed salaries and fringe benefits accounts, to provide this match. 27 28 NOT THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA that the $14,640 Coastal Management Grant be 30 accepted and appropriated for the purposes of completing the third phase 31 of the Natural Areas Inventory and that the required match of $14,640 be 32 transferred from the Fiscal Year 1991-1992 Operating Budget of the 33 Department of Natural Resources and Rural Services. 34 35 BE IT FURTHER ORDAINED, that estimated revenues from the 36 cominonwealth be increased by $14,640 as a result of a grant from the 37 council on the Environment. 38 39 Adopted by the City Council of the City p_t, 40 Virginia on the 26 day of November, 1991 AP@ED AS TO -APPflOVED AS 10 co L ey - 43 - Item IV-1.3 CONSENT AGENDA ITEM # 35106 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council ADOPTED: ordinance appointing viewers in the petition ot Star of the Sea Catholic Church for the closure of a portion of Lakeside Drive West of Pacific Avenue and between 14th and 15th Streets (VIRGINIA BEACH BOROUGH). The Viewers are: David G. Grochmal Director of General Services Robert J. Scott Director of Planning. Ralph Smith Director of Public Works Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORDINANCE APPOINTING VIEWERS WHEREAS, Star of the Sea Catholic Church has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 26th day of November 1991, apply to the City Council of the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers what, if any, inconvenience would result from the discontinuance of the hereinafter described portion of that certain street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert Scott, David Grochmal and Ralph Smith are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion what, if any, inconvenience would result in the dis- continuing and vacating of a portion of those certain streets located in the City of Virginia Beach, Virginia, and more particularly described as follows: All of that parcel of land located to the west of Pacific Avenue and between 14th Street and 15th Street in the Virginia teach Borough in the City of Virginia Beach, Virginia, and being shown as Lakeside Drive (30 feet wide right of way) in Map No. 5 of the property of the Virginia Beach Development Co. (which map is recorded in the office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book No. 5 at page 21) and being more particularly bounded and described as follows: Beginning at a point located in the south right of way line of the abovedescribed 15th Street which point is located south 820 08' 30" west, a distance of 45.05 feet, as measured along the abovedescribed south right of way line of 15th Street, from the west right of way line of the abovedescribed Pacific Avenue, and from said point of beginning running thence in a southwesterly direction along a curve to the left, which curve follows the east right of way line of Lakeside Drive and which curve has a radius of 78.50 feet, an arc distance of 97.95 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running in a southerly direction along a curve to the left, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 264.00 feet, an arc distance of 108.34 - 1 - feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running in a southerly direction along a curve to the right, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 190.00 feet, an arc distance of 91.19 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running along a durve to the left, which cur've follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 234.00 feet, an arc distance of 25.45 feet to a point located in the north right of way line 6f the abovedescribed 14th Street; thence turning and running south 760 241 18" west, along the abovedescribed north right of way line of 14th Street, a distance of 74.92 feet to a point located in the abovedescribed north right of way line of 14th Street; thence turning and running in a northeasterly direction along a curve to the left, which curve follows the west right of way line of Lakeside Drive and which curve has a radius of 62.37 feet, an arc distance of 71.09 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northerly direction, along a curve to the left, which curve follows the above- described west right of way line of Lakeside Drive and which curve has a radius of 160.00 feet, an arc distance of 76.79 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northerly direction along a curve to the right, which curve follows the abovedescribed west right of way line of Lakeside Drive and which curve has a radius of 294.00 feet, an arc distance of 120.65 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northwest direction along a curve to the left, which curve follows the abovedescribed west right of way line of Lakeside Drive and which cur,@e has a radius of 40.00 feet, an arc distance of 73.28 feet to a point located in the south right of way line of the abovedescribed 15th Street; thence turning and running north 820 08' 03" east, along the abovedescribed south right of way line of 15th Street, a distance of 138.62 feet to the point and place of beginning of this description. Said parcel of land being a portion of Lakeside Drive, as shown on that plat entitled "Street Closure Plat for Lakeside Drive as shown on Virginia Beach Development Co. No. 5 MD. 5 P. 21" said plat being attached hereto and made a part hereof and intended to be recorded with the ordinance closing a portion of the aforesaid street. ADOPTED: November 26, 1991 2 State of Virgi@ni@a to @t: AFFIDAVIT City of Norfolk This day Sharon Wiiite personally appeared before me and after being duly sworn made oath tliat: (1) (Ile) (She) is offida@it clerk of @r Inian-Pilot/@ed@r-Star a ne,"poper publi5lied by Landmark Coirmunicatio.s, Inc., in flie ciiies of Norfolk, Portsmovth, Chesapeake, S,jffolk aiid Virginia Beach, State of Virgirlia; j2) That the advertisement hereto annexed of Street Closure has been published in said @e-spoper n t!,e foll.@ing dates: 7 ...... Ll LI-4 1 9 ------- 9 L-- Affiant Subscribed and sworn to before me in my city and siate of,@resaid this 15th day of 19 9 1 My commission exp,res my COMNAISSION E-:Ii'zES APRIL 30, 1;@4 19 Notary Public PLUSE1 C, I & IN St .t VII, 8@ 71 M. h Ifl ntl. '2 71 th. 15th J, 2 h Rd. S., 1020.. y 23452 D,i @lkh Jerry Mack Douglas, Jr. AttorneyA(Law 4356-2 Bonney Road, Sufte 102-A Virginia Beach, Virginia 23452 9 (804) 340-0199 FAX (804) 340-191 9 ':)E@T@OEV. LAW CERTIFICATE OF VESTING OF TITLE I, Jerry Mack Douglas, Jr., attorney for Star of tlle Sea Catholic Church, do certify that: 1. I am an attorney at law and represent Star of the Sea Catholic Church, the petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in Edwin B. Lindsley, Jr. holders of the underlying fee in said property. That said property referred to herein is hereby described as follows: All of that parcel of land located to the west Of PaciEic Avenue and between 14th Street and 15th Street in the Virginia Beach Borough in the City of Virginia Beach, Virginia, and being shown as Lakeside Drive (30 feet wide right of way) in Map No. 5 of the property of the Virginia Beach Development Co. (which map is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book No. 5 at page 21) and being more particularly bounded and described as follows: Beginning at a point located in the south right of way line of the abovedescribed 15th Street which point is located south 820 081 3011 west, a distance of 45-05 feet, as measured along the abovedescribed south right of way line of 15th Street, from tlie west right of way line of the abovedescribed Pacific Avenue, and from said point of beginning running thence in a southwesterly direction along a curve to the left, which curve follows the east right of way line of Lakeside Drive and which curve has a radius of 78.50 feet, an arc distance of 97.95 feet to a point located in the abovedescribed east right of way liiie of Lakeside Drive; thence running in a southerly direction along a curve to the left, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 264.00 feet, an arc distance of 108.34 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running in a southerly direction along a curve to the right, whicil curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 190.00 feet, an arc distance of 91-19 feet to a point located in the abovedescribed east right c)f way line of Lakeside Drive; thence running along a curve to the left, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve hasa radius of 234.00 feet, aii arc distance of 25.45 feet to a Point located in the north right of way line of the abovedescr@bed 14t)i Street; thence turning and running soutli 76 241 181, west, along the abovedescribed north right of way line of 14th Street, a distance of 74.92 feet to apoint located in the abovedescribed north right of way line of 14th Street, theiice turning and running in a northeasterly direction along a curve to the left, which curve follows the west right of way line of Lakeside Drive and which curve lias a radius of 62.37 feet, an arc distance of 71.09 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northerly direction, along a curve to the left, which curve follows the above- described west riglit of way line of Lakeside Drive and which curve has a radius of 160.00 feet, an arc distance of 76.79 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northerly direction along a curve to the right, which curve follows the abovedescribed west right of way line of Lakeside Drive and which curve has a radius of 294.00 feet, an arc distance of 120.65 feet to a point located in the abovedescribed west right of wav line of Lakeside Drive; thence running in a northwest direction along a curve to the left, which curve follows the abovedescribed west right of way line of Lakeside Drive and which curve has a radius of 40.00 feet, an arc distance of 73.28 feet to a point located in the south right of way line of tlie abovedescribed 15th Street; thence turning and running north 820 081 03" east along the abovedescribed south right of way line of i5th Street, a distance of 138.62 feet to the point and place of beginning of this description. urs, uglas, Jr. 'IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, ENOWN AS LAKESIDE DRIVE, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "STREET CLOSURE PLAT FOR LAKESIDE DRIVE AS SHOWN ON VIRGINIA BEACH DEVELOPMENT CO. MAP No. 5 MB. 281 P. 21 VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA" ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioners, Star of the Sea Catholic Church respectively represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the Code of Virginia 1950, as amended, the Petitioners apply for the vacating, closing and discontinuance of a portion of that certain street, which are more specifically described hereinafter: All of that parcel of land located to the west of Pacific Avenue and between 14th Street and 15th Street in the Virginia Beach Borough in the city of virginia Beach, Virginia, and being shown as Lakeside Drive (30 feet wide right of way) in Map No. 5 of the propert-v of the Virginia Beach Development Co. (which map is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book No. 5 at page 21) and being more particularly bounded and described as follows: Beginning at a point located in the south right of way line of the abovedescribed 15th Street which point is located south 820 08' 30" west, a distance of 45.05 feet, as measured along the abovedescribed south right of way line of 15th Street, from the west right of way line of the abovedescribed Pacific Avenue, and from said point of beginning running thence in a southwesterly direction along a curve to the left, which curve follows the east right of way line of Lakeside Drive and which curve has a radius of 78.50 feet, an arc distance of 97.95 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running in a southerly direction along a curve to the left, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 264.00 feet, an arc distance of 108.34 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running in a southerly direction along a curve to the right, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 190.00 feet, an arc distance of 91.19 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running along a curve to the left, which curve follows the abovedescribed east right of way line Of Lakeside Drive and which curve has a radius of 234.00 feet, an arc distance'of 25.45 feet to a point located in the north right of way line of the abovedescribed - 1 - 14th Street; thence turning and running south 76' 24' 18" west, along the abovedescribed north right of way line of 14th street, a distance of 74.92 feet to a Doint located in the abovedesribed north right of way line of 14th Street; thence turning and running in a northeasterly direction along a curve to the left, which curve follows the west right of way line of Lakeside Drive and which curve has a radius of 62.37 feet, an arc distance of 71.09 feet to a Point located in the abovedescribed west right of way line Of Lakeside Drive; thence r,nning in a northerly directionr along a curve to the left, which curve follows the abovedescribed west right of way line of Lakeside Drive and which curve hasa radius of 160.00 feet, an arc distance of 76.79 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northerly direction along a curve to the right, which curve follows the abovedescribed west right of way line of Lakeside Drive and which curve has a radius of 294.00 feet, an arch distance of 120.65 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running ina northwest direction along a curve to the left, which curve follows the abovedescribed west right of way line of Lakeside Drive and which curve hasa radius of 40.00 feet, an arch distance of 73.28 feet to a point located in the south right of way line of the abovedescribed 15th Street; thence turning and running north 82@ 08' 03" east, along the abovedescribed douth right of way line of 15th Street, a distance of 138.62 feet to the point and place of beginning of this description. Said parcel of land being a portion of Lakeside Drive, as shown on that plat entitled "Street Closure Plat for Lakeside Drive as shown on Virginia Beach Development Co. Map No. 5 MB. 5 P. 21" said plat being attached hereto and made a part hereof and intended to be recorded with the Ordinance closing a portiori the aforedescribed street. 2. That no inconvenience will result to any persons by reason of said closing, vacation and discontinuance of said street. 3. That on the 7th day of November, 1991 and on the :14th day of November , 1991, notice of the presenting of this application was published in the Norfolk Virginian Pilot, a newspaper of general circulation in the City of Virginia .Beach, Virqinia, for the purpose of appointing viewers. 4. That the fee simple owner of all l,nd along and adjacent to and affected by said portion of the platted streets are your Petitioners herein. Respectfully submitted, Star of the Sea tholic Ch By Jerry Mack Douglas, Jr. Attorney at Law 4356-2 Bonney Road, suite 102-A Virginia Beach, Virginia 23452 (804) 490-0199 3 N 0 T I C E PLEASE TAKE NOTICE, that at a rneeting of the City Council of the CitY Of Virginia Beach, Virginia, to be held on the 26th day of November, 1991, at 6:00 P.M., at the City Hall of the City of Virginia Beach, Princess Anne Station, the undersigned will petition the Council for the appointment of Viewers to view the below-described portion of that certain street and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing and discontinuance of same, the said portion of said street being described as follows: All of that parcel of land located to the west of Pacific Avenue and between 14th Street and 15th Street in the Virginia Beach Borough in the City of Virginia Beach, Virginia, and being shown as Lakeside Drive (30 feet wide right of way) in Map No. 5 of the property of the Virginia Beach Development Co. (which map is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book No. 5 at page 21) and being more particularly bounded and described as follows: Beginning at a point located in the south right of way line of the abovedescribed 15th Street which point is located south 820 08' 30" west, a distance of 45.05 feet, as measured along the abovedescribed south right of way line of 15th Street, from the west right of way line of the abovedescribed Pa,ific Avenue, and from said point of beginning running thence in a southwesterly direction along a curve to the left, which curve follows the east right of way line of Lakeside Drive and which curve has a radius of 78.50 feet, an arc distance of 97.95 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running in a southerly direction along a curve to the left, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 264.00 feet, an arch distance of 108.34 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running in a southerly direction along a curve to the right, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 190.00 feet, an arc distance of 91.19 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running along a curve to the left, which curve follows the abovedescribed east right of line of Lakeside Drive and which curve has a radius of 234.00 feet, an arc distance of 25.45 feet to a point located in the north riqht of way line of the abovedescribed 14th Street; tfience turning and running south 760 24' 18" west, along the above- described north right of way line of 14th Street, a - 1 - distance of 74.92 feet to a point located in the abovedescribed north right of way line of 14th Street; thence turning and running in a north- easterly direction along a curve to the left, which curve follows the west right of way line of Lakeside Drive and which curve has a radius of 62.37 feet, an arc distance of 71.09 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northerly direction, along a curve to the left, which curve follows the abovedescribed west right of way line of Lakeside Drive and which curve has a radius of 160.00 feet, an arc distance of 76.79 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northerly direction along a curve to the right, which curve follows the abovedescribed west right of way line of Lakeside Drive and which curve has a radius of 294.00 feet, an arc distance of 120.65 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northwest direction along a curve to the left, which curve follows the abovedescribed west right of way line of Lakeside Drive and which curve has a radius of 40.00 feet, an arc distance of 73.28 feet to a point located in the south right of way line of the abovedescribed 15th Street; thence turning and running north 820 081 03" east, along the above- described south right of way line of 15th Street, a distance of 138.62 feet to the point and place of beginning of this description. That portion of Lakeside Drive to be vacated as shown on that plat entitled "Street Closure Plat for Lakeside Drive as shown on Virginia Beach Development CO. Map No. 5 MB. 5 P. 21" said plat being attached hereto and made a part hereof and intended to be recorded with the ordinance closing a portion the aforedescribed street. At that time, anyone affected may appear and present his views. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of Lakeside Drive in the City of virginia Beach, Virginia, described above. Star of the Church By Jerry Mack Douglas, Jr., Attorney 4356-2 Bonnev Road, Suite 102-A Virginia Beach, Virginia 23452 (804) 490-0199 2 A F F I D A V I T STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Jerry Mack Douglas, Jr., attorney for Star of the Sea Catholic Church, being first duly sworn, deposes and states: 1- That I am an attorney at law and represent Star of the Sea Catholic Church. 2. That on the 7th day of November, 1991, and on the 14th day of November, 1991, notice of the presenting of the application to close a portion of that certain street known as a portion of Lakeside Drive on behalf of Star of the Sea Catholic Church, was published in the Norfolk Virginian Pilot, a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponeth saith not. Subscribed and sworn to before me this 614 day ofa(o Vp m 'AW 1991. My commission expires: ORDINANCE NO. All of that parcel of land located to the west of Pacific Avenue and between 14th Street and 15th Street in the Virginia Beach Borough in the City of Virginia Beach, Virginia, and being shown as Lakeside Drive (30 feet wide right of way) in Map No. 5 of the property of the virginia Beach Development co. (which map is recorded in the Offi,e of the Clerk of the Circuit Court of the CitY of Virginia Beach, Virginia, in Map Book No. 5 at page 21) and being rnore particularly bounded and described as follows: Beginning at a Point locat,d in the south right of way line of the abovedescribed 15th Street which POint is located south 820 08' 30" west, a distance of 45.05 feet, as measured along the abovedescribed south right of way line of 15th Street, from the west right of way line of the abovedescribed Pacific Avenue, and from said point of beginning running thence in a southwesterly direction along a curve to the left, which curve follows the east right of way line of Lakeside Drive and which curve has a radius of 76.50 feet, an arc distance of 97.95 feet to a Point located in the abovedescribed east right of way line of Lakeside Drive; thence running in a southerly direction along a curve to the left, which curve follows the abovedescribed east right of way line of Lakeside Dri,e and which curve has a radius of 264.00 feet, an arc distance of 108.34 feet to a POint located in the abovedescribed east right of way line of Lakeside Drive; thence running in a southerly direction along a curve to tiie right, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of igo.oo feet, an arc distance of 91.19 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running along a curve to the left, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 234.00 feet, an arc distance of 25.45 feet to a point located in the north right of way li,e of the abovedescribed 14th Street; thence turnihg and running south 760 24, 18" west, along the abovedescribed north right of way line of 14th Street, a distance of 74.92 feet to a point located in the abovedescribed north right of way line of 14th Str,et; thence turning and running in a northeasterly direction along a curve to the left, which curve follows the west right of way line of Lakeside Drive and which curve has a radius of 62.37 feet, an arc distance of 71.09 feet to a Point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northerly direction, along a curve to the left, which curve follows the above- described west right of way line of Lakeside Drive nd which curve has a radius of 160-00 feet, an arc distance Of 76.79 feet to a point located in the ab,v,described west right of way line of Lakeside Drive; thence running in a northerly direction along a curve to the right, which curve follows the abovedescribed west right of way line of Lakeside Drive and which curve has a radius of 294.00 feet, an arc distance of 120.65 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northwest direction along a curve to the left, which curve follows the abovedescribed west right of way line of Lakeside Drive and which curve has a radius of 40.00 feet, an arc distance of 73.28 feet to a point located in the south right - 1 - of way line of the abovedescribed 15th Street; thence turning and running north 820 08' 03" east, along the abovedescribed south right of way line of 15th Street, a distance of 138.62 feet to the point and place of beginning of this description. WHEREAS, it appearing by affidavit that proper notice has been given by Star of the Sea Catholic Church, that they would make application to the Council of the City of Virginia Beach, Virginia, on November 26, 1991, to have the hereinabove described portion of a certain street discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that the hereinafter described portion of said street be discontinued, closed and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, virginia, that the hereinafter described portion of said street be discontinued, closed and vacated: All of that parcel of land located to the west of Pacific Avenue and between 14th Street and 15th Street in the Virginia Beach Borough in the City of Virginia Beach, Virginia, and being shown as Lakeside Drive (30 feet wide right of way) in Map No. 5 of the property of the Virginia Beach Development Co. (which map is recorded in the office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book No. 5 at page 21) and being more particularly bounded and described as follows: Beginning at a point located in the south right of way line of the abovedescribed 15th Street which point is located south 820 08' 30" west, a distance of 45.05 feet, as measured along the abovedescribed south right of way line of 15th Street, from the west right of way line of the abovedescribed Pacific Avenue, and from said point of beginning running thence in a southwesterly direction along a curve to the left, which curve follows the east right of way line of Lakeside Drive and which curve has a radius of 78.50 feet, an arc distance of 97.95 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running in a southerly direction along a curve to the left, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 264.00 feet, an arc distance of 108.34 feet to a point located in the abovedescribed east right of way line of Lakeside Drive; thence running in a southerly direction along a curve to the right, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 190.00 feet, an arc distance of 91.19 feet to a point located in the abovedescribed east right of way line of Lakeside - 2 - Drive; thence running along a curve to the left, which curve follows the abovedescribed east right of way line of Lakeside Drive and which curve has a radius of 234.00 feet, an arc distance of 25.45 feet to a point located in the north right of way line of the abovedescribed 14th Street; thence turning and running south 760 24' 18" west, along the abovedescribed north right of way line of 14th Street, a distance of 74.92 feet to a point located in the abovedescribed north right of way line of 14th Street; thence turning and running in a northeasterly direction along a curve to the left, which curve follows the west right of way line of Lakeside Drive and which curve has a radius of 62.37 feet, an arc distance of 71.09 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northerly direction, along a curve to the left, which curve follows the above- described west right of way line of Lakeside Drive and which curve has a radius of 160.00 feet, an arc distance of 76.79 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northerly direction along a curve to the right, which curve follows the abovedescribed west right of way l'ine of Lakeside Drive and which curve has a radius of 294.00 feet, an arc distance of 120-65 feet to a point located in the abovedescribed west right of way line of Lakeside Drive; thence running in a northwest direction along a curve to the left, which curv, follows the abovedescribed west right of way line of Lakeside Drive and which curve has a radius of 40.00 feet, an arc distance of 73.28 feet to a point located in the south right of way line of the abovedescribed 15th Street; thence turning and running north 820 08' 03" east, along the abovedescribed south right of way line of 15th Street, a distance of 138.62 feet to the point and place of beginning of this description. Said parcel of land being a portion of Lakeside Drive. SECTION II A certified copy of this Ordiance shall be filed in the Clerk's Office of the Circuit dourt of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. Adopted: G-PIN 3 Vd - 44 - Item iV-1.4a. CONSENT AGENDA ITEM # 35107 Upon motion by Counci Iman Lanteigne, seconded by Counci Iman Sessoms, City Council DEFERRED until the City Council Session of December 3, 1991: LOW BID with advance notice to proceed: WATERFRONT MARINE West Neck Bridge $1,659,807.45 CONSTRUCTION INC. CIP 2-040 Concerning bulkhead construction at Sandbridge, the City Engineer had been advised there were some falled bulkhead sections. The City Engineer will present information concerning the specifications utilized in the construction of these bulkheads by Waterfront Marine Construction, Inc. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Councll Members Voting Nay: None Council Members Absent: None - 45 - Item IV-I.4.b. CONSENT AGENDA ITEM # 35108 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council APPROVED: LOW BID with advance notice to proceed: J.C.B. CONSTRUCTION CO., 1991-1992 Various $ 404,883.60 INC. Roads Contract Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 46 - Item IV-I.5. CONSENT AGENDA ITEM # 35109 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $17,132.52 upon applicaiton of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FORM NO, C.A, 8 F;EV, aU AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Andava, Nick D. 1991 Audit 110.62 110.62 T/A Nicks Transmissions 2250 Wolf Street Virginia Beach, VA 23454 Bailev Parker Construction Corp. 2242 W. Great Neck Road 1990-91 Audit 744.34 744.34 Virginia Reach, \'A 23451 Banner Buick, Inc. 1991 Audit 11,241.51 11,241.51 P. 0. Box 10128 Norfolk, VA 23513 Certified as to Payment: Commissioner of Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 12 096-47 were approved by the Council of the City of Virginia Beach on the 26 day of November 19 91 Ruth Hodges Smith City Clerk FORM NO. C.1 0 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Bissett Realty, Inc. 1988-91 Audit 357.17 357.17 4316 Va. Beach Blvd. Virginia Beach, VA 23452 Butts, Herman J. & Terrv V. T/A H. J. Butts & Son Trucking 1786 Landstown Road 1991 Audit 123.41 123.41 Virginia Beach, VA 23456 Culliplier, John L. 1990 Audit 16.75 16.75 4417 Lindenwood Court Virginia Beach, VA 23452 Certified as to Payment: Commissioner of the Revenue Approved as to form: LKli6L. Lille-y City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 497-33 were approved by the Council of the City of Virginia Beach on the 26 day of November '19 91 Ruth Hodges Smith City Clerk FORM NO. C.1 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications tor license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid Halco Corp. 1990-91 Audit 108.67 108.67 229 Brentwood Crescent Virginia Beach, VA 23452 KeePers, Inc. (The) 1989-90 Audit 217.14 217.14 1149 Horn Point Road virginia Beach, VA 23456 Knight, J. W., Jr. 1990 Audit 170.69 170.69 T/A Jay Knight Contractor 306 Anasus Trail Virginia Beach, VA 23452 Certified as to Payment: n @ Commissioner of the Revenue Approved as to form: @s(ie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling S 496 - ,O were approved by the Council of the City of Virginia Beach on the 26 day of November 19 91 Ruth Hodges Smith City Clerk FORM NO. C.& 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Li, Christina L. 1989-90 Audit 90.24 90.24 T/A Jewel of Orient 1401 Lakeland Court Virginia Beach, VA 23464 Powers, Norman P. 1989-91 Audit 98.53 98.53 T/A Norman Powers & Associates 4823 Kempsville Green Parkway Virginia Beach, VA 23462 Scott, Carlton T., Jr. 1989-91 Audit 116.24 116.24 T/A S. A. Scott Construction 4630 Stonebridge Lane Virqinia Beach, VA 23462 Certified as to Payment: n Commissioner of the Revenue Approved as to form: e.l,e L Llly City Attorney This ordinance shall be eflective from date of adoption. The above abatement(s) totaling $ 305. 01 were approved by the Council 26 November 91 of the City of Virginia Beach on the - day of 19 - Ruth Hodges Smith City Clerk FORM NO, C.A. 8 REV. 3W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon cerlification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Smith, Glenn E. 1989 Audit 104.70 104.70 T/A Coastal Bay Company 1598 Boles Place Virginia Beach, VA 23454 Snelling, John H. 1989-91 Audit 33.18 33.18 5792 Northampton Blvd. Virginia Beach, VA 23455 Syenergy Mid-South Ltd. 1990 Audit 780.28 780.28 5125 Witchduck Court #102 Virginia Beach, VA 23462 Certified as to Payment: L Commissioner of nue Approved as to form: te-slie-L. LilCE7y City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 91B. 16 were approved by the Council of the City of Virginia Beach on the 26 day of Nnvpmbpr 19 91 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE C" OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Valentines Boutique, Inc. 1860 Laskin Road 1989-91 Audit 143.85 143.85 Virginia Beach, VA 23451 Waco Equipment Co. 1990 Audit 2,644.53 2,644.53 T/A Waco 4545 Spring Road Cleveland, 011 44131 Walker, Leslie 1990 Audit 30.67 30.67 3621 virgiiaius Drive Virginia Beach, VA 23452 Certified as to Payment: n Commissioner of the Revenue Ar)[Ilo,,(,.(] I(, lorlll - 47 - Item IV-I.6. CONSENT AGENDA ITEM # 35110 Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $1,642.83 upon applicaiton of certain persons and upon certification of the City Treasurer. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FORM NO. C.A. 7 10/22/91 Et!C AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty lnt. Total Year of Tax Number tion No. Pa id Ocean Holiday Enterprises 91 RE(2/2) 84696-4 6/5/91 661.33 Armileta V Capps 91 RE(1/2) 178n3-3 11/2n/qo 94.65 Arniileta V Capps 91 RE(2/2) 17803-3 6/5/91 94.65 Armileta V Capps 90 RE(1/2) 17538-6 11/22/89 89.61 Armileta V Capps 90 RE(2/2) 17538-6 5/23/9n 89.61 Farm & Home Savings Assoc 89 RE(1/2) 863-0 11/30/88 306.49 Farm & Home Savings Assoc 89 RE(2/2) 863-0 6/2/89 306.49 Total 1,642.83 This ordinance shall be effective from date of adoption. Thesi@%v4e2@95tement(s) totaling d as p ent; ere approved by the Council of the City of Virqinia Beach on the 26day of November, 1991 J@hn T. Atkinson, Treasurer Approved as to form: Ruth Hodges Smith City Clerk -4 L L1/2flie-L. Lilley-City - 48 - Item IV-J.1. APPOINTMENTS ITEM # 35111 Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: ENVIRONMENTAL SERVICES UTILITY COMMITREE Allen O'Brien Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 49 - Item IV-J.2. APPOINTMENTS ITEM # 35112 Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED: CHESAPEAKE BAY PRESERVATION AREA BOARD David M. Hummel J. Harry Mote Three Year Term: 1/1/92 - 12/31/94 Voting: 10-1 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Voting Nay: Nancy K. Parker Council Members Absent: None - 50 - Item IV-J.3. APPOINTMENTS ITEM # 35113 Upon NOMINATION by Vice Mayor Fentress, City Council RFAPPOINTED: COMMIJNITY SERVICES BOARD Michael J. Barrett Jacqueline B. Beach Frances C. Curtis Three Year Terms: 1/1/92 - 12/31/94 AND, APPOINTED: Eddy H. Whichard Unexpired thru 12/31/92 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 51 - Item IV-J.4. APPOINTMENTS ITEM # 35114 Upon NOMINATION by Vice Mayor Fentress, City Council: SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM - "SEVAMP REAFFIRMED: Samuel Houston, Sr., Emeritus Member AND, REAPPOINTED: Mary E. Hughes Madeline B. Nevala Four Year Term: 1/1/92 - 12/31/95 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 52 - Item IV-J.5- APPOINTMENTS ITEM # 35115 Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED: VIRGINIA BEACH COMMUNITY DEVELOPMENT Flora M. Haynie Dorcas Helfant Ronald Proctor Four Year Term: 1/1/92 - 12/32/95 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vlce Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 53 - Item IV-J.6. APPOINTMENTS ITEM # 35116 Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED: VIRGINIA BEACH FOUNDATION, INC. R. Dawson Taylor Five Year Term: 1/1/92 - 12/31/96 Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. C I yburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 54 - Item IV-K.l. ADD-ON ITEM # 35117 Upon motion by Counci Iman Jones, seconded by Counci Iman Clyburn, City Counci I AGREED to ADD TO THE AGENDA: RECONSIDERATION of Condition No. 5 in the applicaiton of OLD DONATION FARM PARTNERSHIP (Item 28664 on 2/2/88) for Variances and Conditional Use Permits approved 6/1/87/. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vlce Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 55 - Item IV-K.2. ADD-ON ITEM # 35118 Upon motion by Counci Iman Jones, seconded by Vice Mayor Fentress, City Counci I SCHEDULED for the City Council Session of December 17, 1991, and AUTHORIZED the City Clerk to advertise: RECONSIDERATION of Condition No. 5 in the application of OLD DONATION FARM PARTNERSHIP (item 28664 on 2/2/88) for Variances and Conditional Use Permits approved 6/1/87/. Condition No. 5: Pembroke Boulevard shall be extended but not used until and unless the private road is declared structurally sound by the City Engineer. Cost of repair to be borne by the developer. In addition, an adequate foot bridge shall be added to the prlvate road for the safety and convenience of pedestrians and bicyclists. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 56 - Item IV-K.3- ADD-ON ITEM # 35119 NEW BUSINESS Upon motion by Counci Iman Lanteigne, seconded by Counci Iman Sessoms, City Council AGREED to ADD To THE AGENDA: Resolution thanking Congressman Pickett for his efforts to assist in tederal funding and requesting the Governor to declare the Sandbridge area as a "Disaster Area". Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 57 - Item IV-K.4. ADD-ON ITEM # 35120 NEW BUSINESS Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City Council ADOPTED: Resolution thanking Congressman Pickett for his efforts to asist in federal funding and requesting the Governor to declare the Sandbridge area as a "Disaster Area'f. Councilman Lanteigne requested the City Manager advise of potential funding sources during the City Council Session of December 3, 1991. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Requested by Councilman Paul Lanteigne RESOLUTION 2 3 WHEREAS, the Sandbridge community has sustained 4 considerable damage from the "northeaster" storms that have ravaged 5 the coast in recent weeks; 6 WHEREAS, this has produced a tremendous amount of sand 7 loss on the beaches at Sandbridge; 8 WHEREAS, the loss of the sand has led to over-wash of the 9 ocean into Back Bay; 10 WHEREAS, this over-wash has threatened public 11 infrastructure, caused septic tank systems to be damaged even when 12 they are some distances from the ocean, and also created possible 13 problems for the health of Back Bay through the intrusion of salt 14 water; 15 WHEREAS, the beach system is completely unprotected for 16 when the next storm comes along; 17 WHEREAS, we are only very early into the fall and winter 18 storm season; 19 WHEREAS, Congressman Owen B. Pickett has requested the 20 Commonwealth of Virginia to declare the Sandbridge area a storm 21 disaster area; and 22 WHEREAS, if this declaration is made the Corps of 23 Engineers will examine the possibility of a beach nourishment 24 program with cost participation by the City of Virginia Beach. 25 NOW, THEREFORE, BE IT RESOLVED by the Council of the 26 City of Virginia Beach that Congressman Owen B. Pickett is thanked 27 for his efforts to assist the Sandbridge area of the City through 28 receiving federal funds for beach nourishment; and 29 BE IT FURTHER RESOLVED that the Governor of Virginia is 30 requested to concede to the request of Congressman Pickett and 31 declare the Sandbridge area a disaster area. 32 Adopted by tbe Council of the City of virginia Beach, 33 Virginia this 26 day of November 1991. 34 CA-4506 35 Noncode\Sandbrid.Res 36 R-1 - 58 - Item IV-L.l. ADD-ON ITEM # 35121 UNFINISHED BUSINESS The City Council w! I I d i scuss C. Ora I Lambert I s Memorandum of November 22, 1991 , deta i I i ng a d 1 f f erent approach to the f I ve-year budget and serv I ces presentation, during the City Council Session of December 3, 1991. This approach would be more interactive and would require a greater commitment of both staff and City Council time. Two meetings would be required. A presentation would be accompanied by work sheets and surveys for Council to review, analyze and address issues and priorities. The second meeting would be to review and discuss City Council feedback and obtain the benefit of Council guidance, based on their work on the surveys and work sheets. - 59 - Item IV-L.2. ADD-ON ITEM # 35121 UNFINISHED BUSINESS Counc i I woman Parker ref erenced the prev i ous 60-day DEFERRAL of the potent i a I change in the electoral form of our local government (Reapportionment). This matter will be discussed at a later date. - 60 - Item IV-M.l. ADJOURNMENT ITEM # 35122 Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED the Meeting at 9:30 P.M. Be @l O@ 'cmC Chief Deputy City Clerk R th Hdge Smilh, ;CIAAE City Clerk M y.,,. Ob@ Mayor City of Virginia Beach Virginia