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Home My WebLink AboutMARCH 14, 1995 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At-L-,rge VICE MAYOR WILLIAM D S.SSSOMS JR At L~rge JOHN A BAUM Blacl~ate. B~m,gh LJNU/OOD 0 BRANCH. I!1 Vn'gm~a Be,ch Borough ROBERT K DEAN, Pn,~ess Anne Borough %V Vv' HARRJSON JR Ly. nhaven BARBARA M HENLEY, Pungo Borough LOUIS R ]ONES Bays,de JOHN D MOSS A~ NANCY K PARKER A~-Large LOUISA M STRA YHORN, Ke, n?nwlle Borough JAMES K SPOR~, C,ty Man.gev LESLIE i- LILLEY, C, ty Attorney RUTH HODGES SMITH CMC / AAE, C:ty Clerk CITY COUNCIL AGENDA March 14, 1995 .o~ OUR 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 234.56-9005 (804~ 427-4303 I. AGENDA REVIEW SESSION - Conference Room - 11:00 AM A. REVIEW OF AGENDA ITEMS B. CITY COUNCIL CONCERNS II. CITY MANAGER'S BRIEFING Ae HURRICANE PROTECTION Carl Thoren, P.E., Beach Management Engineer III. PRESENTATION Ae MIAMI PROMOTIONAL VIDEO The Honorable Meyera E. Oberndorf, Mayor IV. INFORMAL SESSION - Conference Room - 1'00. PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Raymond B. Good Bayside Christian United Church of Christ 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 Fe MINUTES 1. INFORMAL & FORMAL SESSIONS March 7, 1995 G. ADOPT AGENDA FOR FORMAL SESSION He CONSENT AGENDA The Consent ~lgenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. PUBLIC HEARING - ADMINISTRATIVE 1. ELECTION DISTRICTS AND VOTING PLACES J. ORDINANCES i · · · · · Ordinance to AMEND and REORDAIN Section 10-1 of the Code of the City of Virginia Beach, Virginia, re Election Districts and Voting Places. Ordinance to AMEND and REORDAIN Section 2-20 of the Code of the City of Virginia Beach, Virginia, re time and place of regular meetings of City Council. Ordinances to authorize temporary encroachments: a· Into a portion of the City's property known as the Waters of Lake Joyce to George C. Lyon, Jr. and Joyce P. Lyon re constructing and maintaining a bulkhead and pier at 4457 Blck Beard Road (BAYSIDE BOROUGH). be Into a portion of the City's right-of-way of Princess Anne Road to Donald L. Sanders re maintaining brick pillars at 2186 Princess Anne Road (PRINCESS ANNE BOROUGH). Ordinance to authorize Tax Refunds of $9,830.68. Ordinances to authorize License Refunds of $5,807.07. K. RESOLUTIONS i · Resolutions: Virginia Department of Transportation (VDOT) requesting payment re streets for Urban Maintenance Payments: ae Requesting additional streets constructed in accordance with standards established by VDOT and ACCEPTED by the City. b. Requesting correction for inaccuracies that existed. 2. City Council consideration of House Bill 1593. L. PUBLIC HEARING - PLANNING 3:00 PM 1. PLANNING BY CONSENT - To b~ determined during the Agenda Review Session e · · · · · · RECONSIDERATION TO MODIFY CONDITION NUMBER FOUR in the February 11, 1992, approved Application of SOL W. COHEN for a Street Closure of a portion of Croatan Road at the Northeast corner of Croatan Road and General Booth Boulevard (LYNNHAVEN BOROUGH)· Deferred: Recommendation: February 28, 1995 DENIAL RECONSIDERATION TO MODIFY PROFFERES in the January 8, 1991, approved Application of STERLING W. and BONNIE J. THACKER for a Conditional Change of Zoning from AG-2Agricultural District to B-2 Community Business District at 3756 Indian River Road (KEMPSVILLE BOROUGH). Recommendation: REFER TO PLANNING COMMISSION RECONSIDERATION OF CONDITION NUMBER ONE in the September 28, 1993, approved Application of R. H. ROSE for a Change of Zoning from I-1 Light Industrial District to I-2 Heavy Industrial District at the Southern extremity of Sykes Avenue for CARTER and DICK ROSE MATERIALS (LYNNHAVEN BOROUGH). Recommendation: DENIAL Applications of DOUGLAS B. MUNDEN at the Northeast intersection of Muddy Creek Road and Drum Point Road (PUNGO BOROUGH): a· 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. Recommendation-. ALLOW WITHDRAWAL be Conditional Use Permit for twenty (20) single-family dwellings in the AG-1 and AG-2 Agricultural Districts (parcel containing 86.1 acres) Deferred Indefinately: Recommendation: June 28, 1994 DENIAL Application of OCEANA SALVAGE INC., for the enlargement of a nonconforming use at 1040 Oceana Boulevard, containing 9.074 acres (PRINCESS ANNE BOROUGH). Recommendation: DEFERRAL Application of SAMIR HALABI/WITCHDUCK MOTOR CO., for the extension of a nonconformina use at 220 and 234 North Witchduck Road (BAYSIDE BOROUGH). Recommendation: APPROVAL Application of NAMIR & SAMIR HALABI for a Conditional use Permit for motor vehicle sales and an automobile repair garage on the North side of Virginia Beach Boulevard, 150 feet more or less West of Dorset Avenue (5020 Virginia Beach Boulevard), containing 31,515.66 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL · Application of GREAT NECK BAPTIST CHURCH (TOM CAMPER) for a Gonditional Use Permit for a church addition at the Southeast corner of Rose Hall Drive and General Jackson Drive (1020 General Jackson Drive), containing 4.63 acres (LYNNHAVEN BOROUGH)· Recommendation: APPROVAL 10. Application of ST. GREGORY THE GREAT CHURCH for a Gonditional Use Permit for a church addition on the South side of Virginia Beach Boulevard, West of Clearfield Avenue (5345 Virginia Beach Boulevard), containing 10,895 square feet more or less (BAYSIDE BOROUGH)· Recommendation: APPROVAL 11. Application of EASTERN MOBILE HOMES, INC. for a Conditional Use Permit for new and used mobile home sales at the Northeast corner of South Military Highway and Alexandria Avenue (792 South Military Highway), containing 29,915.7 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL 12. Application of LEE LaFLEUR for a Condition~l Use Permit for an automobile repair establishment on the East side of South Lynnhaven Road, 670.53 feet South of St. Albans Common (440 South Lynnhaven Road), containing 31,073 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 13. Application of JACOB AMUIAL for a Conditional Use Permit for motor vehicle sales on the North side of Virginia Beach Boulevard, 216 feet East of Northridge Road (5172 and 5180 Virginia Beach Boulevard), containing 26,571.6 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL 14. Applications of CONTEL CELLULAR, INC. for Conditional Use ~ for communication towers at: Southwest side of Greenwich Road, East of Newtown Road (5655 Greenwich Road), containing 6.92 acres (BAYSIDE BOROUGH). bo Southwest corner of Atlantic Avenue and 5th Street (424 Atlantic Avenue), containing 39,204 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL 15. Application of D. MURRAY MALBON for a Chang~ of Zoning District Classification from A-12 Apartment District to R-5S Single Family District on South side of Carver Avenue beginning at a point 307.2 feet West of Birdneck Road, containing 11,252 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 16. Ordinance to AMEND and REORDAIN Appendix E, Sections 1.2 and 1.4 of the Tree Planting, Preservation and Replacement Ordinance of the City of Virginia Beach re residential and street trees and bonding requir~ments. Deferred Indefinitely: Staff Recommendation: June 14, 1994 REFER TO PLANNING COMMISSION Mo APPOINTMENTS SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT * * fl * fl fl fl fl fl SPECIAL FORMAL SESSION CITY COUNCIL CANDIDATE INTERVIEWS 2:30 PM FRIDAY, MARCH 17, 1995 CITY COUNCIL CHAMBER . . . . . . * * * . , . , . , . , · · JOINT MEETING WITH PLANNING COMMISSION TUESDAY, MARCH 21, 1995 CITY COUNCIL CONFERENCE ROOM * * * * * fl * fl fl fl BUDGZT/C.T.P. ~m ~ BUDOET/C I P Tuesday March 28 6 PM PRESENTATION WORKSHOP Tuesday April 04 9 AM - 11 AM WORKSHOP Tuesday April 11 9 AM - 11 AM WORKSHOP TuesdaF April 18 4 PM - 6 PM PUBLIC HEARING Thursday April 20 7 PM WORKSHOP Tuesday April 25 2 PM - 4 PM PUBLIC HEARING Tuesday May 02 3 PM FINAL WORKSHOP ThursdaF May 04 9 AM -11 AM BUDGET/C I P Tuesday May 09 2 PM ADOPTION Council Chamber Council Conference Room Council Conference Room Council Conference Room Larkspur Middle School Council Conference Room Council Chamber Council Conference Room Council Chamber * fl * * * * * fl fl If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 03/10/95BAP AGENDA\03-14-95.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 14, 1995 Mayor Meyera E. Oberndorf called to order the AGENDA REVIEW SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Counctl Conference Room, City Hall Building, on Tuesday, March 14, 1995, at II.OO A M. Council Members Present: John A. Baurn, Linwood 0 Branch, III, Robert lC Dean, William W.. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy lC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: John D Moss [ENTERED 2:00 P.M.] Loutsa M. Strayhorn [ENTERED. 11.22 A.M.] Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed, there may be matters on the Agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank, The V~ce Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any applicatton that may come before City Council. Vice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record. Vice Mayor Sessorns ABSTAINED on the application of Sterhng W. and Bonnie J. Thacker (Item V-L. 3). -2- AGENDA RE VIEW SESSION 11:30 A.M. ITEM # 38905 Councilman Dean referenced: Ordinances to authorize temporary encroachments: Into a portion of the City's property known as the Waters of Lake Joyce to George C. Lyon, Jr. and Joyce P. Lyon re constructing and matntatning a bulkhead and pier at 4457 Black Beard Road (BAYSIDE BOROUGH). Into a portion of the City's rtght-of-way of Princess Anne Road to Donald L. Sanders re maintaining brick pillars at 2186 Prmcess Anne Road (PRINCESS ANNE BOROUGH) (See Item VI. 3. a./b. Ordinances) Councilman Dean inquired relative the reasoning for the length of the pier into Lake Joyce and the length of ttme the brick pillars have extsted on Princess Anne Road in the application of Donald L. Sanders. James Lawson, Real Estate, advised the applicant, George C. Lyon, Jr. and Joyce P. Lyon, is attempting to replace an existing pier. This applicatton extends the pier about ten feet further than the existing pier, an actual 25-foot encroachment. Concerning the temporary encroachments of Donald L. Sanders for maintaining brick pillars, these were built in 1971 when the house was constructed. This property was sold and the new owner, in an attempt to improve the property, discovered the brtck pillars were in the right-of-way and had to apply for an "after the fact" encroachment. ITEM # 38906 Councilman Dean had concerns relative the followmg Planning items. RECONSIDERATION TO MODIFY CONDITION NUMBER FOUR in the February 11, 1992, approved Applicatton of SOL W. COHEN for a Street Closure of a portton of Croatan Road at the Northeast corner of Croatan Road and General Booth Boulevard (LYNNHAVEN BOROUGH). RECONSIDERATION TO MODIFY PROFFERS in the January 8, 1991, approved Application of STERLING W. and BONNIE J. THACKER for a Conditional Change o. f Zoning from AG-2 Agricultural District to B-2 Commumty Business District at 3756 Indian River Road (KEMPSVILLE BOROUGH). RECONSIDERATION OF CONDITIONS in the September 28, 1993, approved Application of R. H. ROSE for a Change o.f Zoning from I-I Light Industrial Distrtct to 1-2 Heavy Industrial District at the Southern extremity of Sykes Avenue for CARTER and DICK ROSE MATERIALS (LYNNHAVEN BOROUGH) (Technical and legal questions) March 14, 1995 -3- AGENDA RE VIEW SESSION ITEM # 38906 (Continued) Applications of DOUGLAS B. MUNDEN at the Northeast intersection of Muddy Creek Road and Drum Point Road (PUNGO BOROUGH): a. Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the Ctty Zoning Or&nance. b. Condittonal Use Permtt for ..twen~_ (201 single-family dwellings in the AG-1 and AG-2 Agricultural Districts (parcel containing 86.1 acres) Applicaaon of OCEANA SALVAGE INC., for the enlargement of a nonconforming use at 1040 Oceana Boulevard, containing 9.074 acres (PRINCESS ANNE BOROUGH). (Environmental and legal questions) Application of SAMIR HALABI/WITCHDUCK MOTOR CO., for the extension of a nonconforming use at 220 and 234 North Witchduck Road (BAYSIDE BOROUGH). (Concerns relative landscaping plans.) Application of NAMIR & SAMIR HALdBI for a Conditional use Permit for motor vehicle sales and an automobile repair garage on the North side of Virginia Beach Boulevard, 150 feet more or less West of Dorset Avenue (5020 Virginia Beach Boulevard), contatning 31,515.66 square feet (BAYSIDE BOROUGH) Applications of CONTEL CELLULAR, INC. for Conditional Use Permits for commumcation towers at. Southwest corner of Atlanttc Avenue and 5th Street (424 Atlanttc Avenue), containing 39,204 square feet (VIRGINIA BEACH BOROUGH). (Whether screening would be provided) Apphcaaon olD. MURRAY MALBON for a Change of Zoning District Clas.s~.fication from A-12 Apartment District to R-5S Single Family District on South side of Carver Avenue beginning at a point 3072 feet West of Birdneck Road, containing 11,252 square feet (LYNNHAFEN BOROUGH) (Environmental Questtons). Concerning the application of CONTEL CELLULAR, INC. for Conditional Use Permits for communication towers at the southwest corner of Atlantic Avenue and Fifth Street, will the tower be screened or will it be visible. Robert J. Scott, Director of Planning, advised thts tower is already installed on a 7-story building and believes same is not now visible and does not need to be screened. Councilman Branch advised receipt of calls from the Condominium residents adjacent to same and they were not aware of same being tnstalled. ITEM # 38907 Vice Mayor Sessoms suggested the followtng items be placed on a CONSENT AGENDA: ORDINANCES J. 1, 3 a b, 4 and 5 and RESOLUTIONS. ICl. a b March 14, 1995 -4- AGENDA RE VIEW SESSION ITEM # 38908 Council Lady Parker requested an amendment to the Ordinance to AMEND and REORDAIN Section 2- 20 of the Code of the City of Virginia Beach, Virginia, re time and place of regular meetings of City Counctl. Council Lady Parker requested the verbtage "which shall be recorded on audiotape" be added on Lines 40 and 41 to read. (c) All Formal and Informal meetings of the Council held in either the Council Chamber or the Council Conference Room shall be cablecast live, with the exception of the Informal meeting held on the third Tuesday of each month from 4. O0 P.M. to 6. O0 P.M. which shall be recorded on audiotape. ITEM # 38909 Councilman Harrison referenced the PLANNING B Y CONSENT - To be determined during the Agenda Review Sesston, and tnqutred whether Ctty Council had reached the stage to have PLANNING BY CONSENT. Ctty Council did not believe this stage had been reached. ITEM # 38910 The application of D. MURRAY MALBON for a Change of Zoning Distrtct Classification from A-12 Apartment District to R-5S Single Family Dtstrtct on South side of Carver Avenue beginning at a point 307.2 feet West of Birdneck Road, containing 11,252 square feet (LYNNHAVEN BOROUGH), will be MOVED FORWARD for DEFERRAL. ITEM # 38911 Council Lady Henley referenced the Ordinance to AMEND and REORDAIN Appendix E, Sections 1.2 and 1.4 of the Tree Planting, Preservation and Replacement Ordinance of the City of Virginia Beach re residential and street trees and bonding requirements. In the Ordinance, the builder -- not the developer -- wouM have the responstbility for the residential lot trees. Council Lady Henley inquired who would have the responsibility for trees that are suppose to be a part of the public buffer? ITEM # 38912 The City Manager distributed a memorandum relative the RECONSIDERATION TO MODIFY CONDITION NUMBER FOUR in the February Il, 1992, approved Apphcation of SOL W. COHEN for a Street Closure. Pubhc Utihttes has concluded that tt ts possible to connect the stte to sewer utilizing a pump system for approxtmately $10,000 to $11,000 The recommendation would be to DENY as the less expenstve pump system could be utthzed Councilman Harrison advised he spoke with the applicant's attorney last night, and they wished to be sure this would be a firm price. Councilman Harrtson requested DEFERRAL to allow the applicant's attorney to determine if this is a confirmed cost. March 14, 1995 -5- AGEND.4 RE VIEW SESSION ITEM # 38913 Council Lady Strayhorn also expressed concern relative RECONSIDERATION TO MODIFY PROFFERS in the January 8, 1991, approved Application of STERLING W. and BONNIE J. TItACKER for a Conditional Change o_f Zoning from AG-2 Agricultural District to B-2 Community Business District at 3756 Indian River Road (KEMPSVILLE BOROUGH). Council Lady Strayhorn did not see the need for th~s to be REFERRED BACK TO THE PLANNING COMMISSION. March 14, 1995 -7- CITY MANAGER fS BRIEFING HURRICANE PROTECTION 11:40 A.M. ITEM it 38921 Carl Thoren, P.E., Beach Management Engineer, Public Works, presented a status report relative the Beach Erosion Control and Hurricane Protection Project running from Rudee Inlet to 89th Street. After City Council's last Briefing in July, a Pubhc Information Committee was formed to encourage community tnvolvement in the project. This would enable the whole community of Virginia Beach to be knowledgeable relative the project. Mr. Thoren referenced the development of a brochure entitled "Hurricane Protection Plan for Virginia Beach - What's in it for you?" Four main issues have been addressed in the brochure, environmental, economic, recreational and aesthetic. In addition to the brochure, a video of 25 mtnutes duration has just been completed. A schedule of meetings with various groups, who will have some direct impact on the final design of this project, has also been published The City Staff has met with the Resort Area Advisory Commission and their Subcommittee. A meeting is scheduled next month wtth the North Beach Civic League. The Corps of Engineers has had the entire project flown for aertal photography. Thts photography has been reduced to maps and thus provided very valuable information. The last time the Ctty did its own aerial photography was in 1986, therefore, ali of the map data was ten years old The Corps' Sctenttsts from the Waterway Experiment Station in Misstssippi have been talang core samples of the beach. Thts work has been completed. The extsting face of the seawall is not a straight line from Rudee Inlet to 57th Street. There is a series of zigzags as you go north from Rudee Inlet to 57th Street. The Ctty ts attempttng to straighten out the face of the seawall, as much as possible. The RAAC Commtttee indicated last Thursday they desire the boardwalk to be of equal width from Rudee Inlet all the way up to 40th Street, where the boardwalk will end. The boardwalk shouM be approximately 28 feet in length or about 12 feet wider than it is right now. Through the use ora graph, Mr Thoren displayed the schedule. Construction should commence September 1996. The current projected completion date is approximately July or August 2000. This is roughly a 48- month construction schedule. This schedule is based on working year-round, no shutdown for the summer tourist season. Mr. Thoren depicted another plan illustrating constructton work ceasing during the tourist season. This depicts a construction completion date of February or March 2001, a 54-month construction schedule. The log for the brochure, which depicts the "hurricane" symbol was developed by Scott Sandler, a high school student who takes classes at VO TECH. Mr Thoren referenced the two obstacles, funding and the pump stations. The President's Budgettng does not tnclude thts Project for a new construction start in Fiscal Year 1996. Twenty-five questtons have been forwarded to Senator Warner's office for him to ask the Assistant Secretary of the Army for Ctvtl Works If tt is not in the Nattonal interest, the Corps ts backing out. The C~ty believes the Beach Erosion Control and Hurricane Protection Project ts in the National tnterest and not just local interest items The House Energy and Water Subcommittee meets on Wednesday, March 22, 1995 The staff is preparing remarks for Councilman Branch to testtfy before the Committee. With the assistance of Robert Matthias and the testimony of others, the City is hoping to overcome this setback and have this project included as an add-on to the 1996 Budget. Concerning the pump stations to discharge the stormwater offshore, two pump stations will have to be built. They will either be concealed enttrely below ground with nothing significantly exposed, or they will be a one-story building, 10 to 12 feet htgh Mr. Thoren recognized members of the Army Corps of Engineers in attendance: Diane Bailey - Public Inforrnation Officer - Norfolk Dtstrict, Jim Creighton - Project Manager and Jeffrey Irving - Chief of the Program and Project Management Branch, Civil Portion March 14, 1995 -8- CITY MANAGER'S BRIEFING HURRICANE PROTECTION ITEM # 38921 (Continued) 42nd through 68th Street is not going to be addressed by the Hurricane Protection Project. All the Corps presently plans to do is to take the sump pump and pump the stormwater offshore. The City Council had believed the scope of the Hurricane Protection Project was expanded to solve the North Beach Drainage problems. Mr. Thoren advised there has been confusion, but the Corps' positron has bastcally been this ts not a storm drainage project Mayor Oberndorf advised there has been an understanding that with this Project the rehef wouM occur to the cittzens, who have been inconvemenced with th at area floodtng. The pump station can be oversized at the City's cost and incorporated into the Project. Mr. Thoren advised the Staff has investtgated the cost to the Ctty to install the interior collector system, that would take the stormwater to the line of protection. This would entail approximately $10-MILLION for an interior collection system, which is not in the stormwater account. The City Manager advised the cost to the North Beach Drainage would be approximately $20-MILLION. The Mtnutes for the City Council shall be researched relative the pump stations and information relative the data sheet prioritizing the areas requtrtng Stormwater Management Fees. Vice Mayor Sessoms advised the City Council was under the tmpresston there would be improvement in the North Beach Drainage upon completion of the Hurricane Protection Project. March 14, 1995 -9- ITEM # 38922 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 14, 1995, at 12:38 P.M Counctl Members Present: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrtson, Jr., Barbara M Henley, Louis R Jones, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and Louisa M Strayhorn Council Members Absent: John D Moss ITEM # 38923 The MIAMI PROMOTION VIDEO was shown to City Council during their lunch. March 14, 1995 - 10 - ITEM ti 38924 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 purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotton, performance, demotion, salaries, disciplining, or restgnation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (I). To Wit. Appointments. Boards and Commtssions. Southeastern Hampton Roads Disability Services Board LEGAL MATTERS. Consultation with legal counsel or brtefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7) Lake Gaston Amphttheater Project Patrick A. Janezeck v. Board of Zoning Appeals Patrick A. Janezeck v. Adams Outdoor Advertising Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting. 10-0' Council Members Voang Aye: John A. Baum, Ltnwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M Strayhorn Council Members Voting Nay. None Councd Members Absent John D. Moss *Verbal Vote March 14, 1995 - 11 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL March 14, 1995 2:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 14, 1995, at 2:00 P.M. Council Members Present. John A Baurn, Ltnwood 0 Branch, III, Robert I~ Dean, William W. Harrtson, Jr., Barbara M. Henley, Louis R. Jones, John D Moss, Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D Sessorns, Jr and Louisa M Strayhorn Council Members Absent: None INVOCATION: Reverend Raymond B Good Baystde Christtan Umted Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA March 14, 1995 - 12 - Item V-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 38925 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, 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 Virgtnta law were discussed in Executive Session to which this certtfication resolution applies; AND, Only such public business matters as were identified in the motion convemng the Executive Session were heard, dtscussed or considered by Virginia Beach City Councd. Voting. 10-0 Councd Members Voting Aye: John ,4. Baum, Linwood 0 Branch, III, Robert K. Dean, William IV.. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Oberndorf,, Nancy I~ Parker, Vice Mayor Wilham D. Sessoms, Jr. and Louisa M. Strayhorn Councd Members Voting Nay None Council Members Abstaining: John D. Moss Councd Members Absent: None Councilman Moss ABSTAINED as he was not tn attendance during the Executive Sesston. March 14, 1995 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 # 38924, Page No. 10, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. 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. Rugfi Hodges Smith, CMC/AAE City Clerk March 14, 1995 - 13 - Item V-FI. MINUTES ITEM # 38926 Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Council ,aPPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 14, 1995. Voang. 10-0 Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, Robert K~ Dean, William W.. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Meyera E Oberndorf,, Nancy K. Parker and Louisa M. Strayhorn Council Members Vottng Nay None Council Members Abstaining. Vice Mayor William D. Sessoms, Jr Councd Members Absent. None Vice Mayor Sessorns ABSTAINED as he was not in attendance during the City Council Session of March 7, 1995 March 14, 1995 - 14 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 38927 Upon moaon by Vice Mayor Sessoms, seconded by Council Lady Parker, City Councd ADOPTED: AGENDA FOR THE FORMAL SESSION AS SUBMITTED. Voting: 11-0 Council Members Voting Aye John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louts R. Jones, John D. Moss, Mayor Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Councd Members Voting Nay None Council Members Absent: None March 14, 1995 - 15 - Item V-L1. PUBLIC HEARING - ADMINISTRATIVHTEM # $8928 Mayor Oberndorf DECLARED A PUBLIC HEARING. ELECTION DISTRICTS AND VOTING PLACES There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. March 14, 1995 - 16 - Item ORDINANCES ITEM # 38929 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 10-1 of the Code of the City of Virginia Beach, Virgtnta, re Election Districts and Voting Places. Vottng. 11-0 Council Members Vottng Aye John A Baum, Linwood 0 Branch, III, Robert I~ Dean, William W. Harrison, Jr, Barbara M Henley, Louis R Jones, John D Moss, Mayor Oberndorf,, Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None March 14, 1995 10 11 12 13 14 AN ORDINANCE TO AMEND AND REORDAIN SECTION 10-1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO ELECTION DISTRICTS AND VOTING PLACES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Sec. 10-1. Establishment of election districts and voting places. There are hereby established in the city the following election districts and their respective voting places, as set forth below: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Election District Alanton Aragona Arrowhead Baker Bayside Bellamy Blackwater Bonney Brandon Cape Henry Capps Shop Centerville Chesapeake Beach College Park Courthouse Creeds Voting Place Alanton Elementary School Bayside Middle School Grade 6 Arrowhead Elementary School Heritage United Methodist Church Bayside Elementary School Indian Lakes Elementary School Blackwater Fire Station Center for Effective Learning Brandon Middle School Research and Enlightenment Building (Edgar Cayce Library) P.A. Mosquito Control Building Centerville Elementary School Bayside Baptist Church College Park Elementary School Courthouse Fire Station Creeds Fire Station 33 34 Davis Corner Bettie F. Williams Elementary School 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 69 70 71 72 Fairfield Forest Glenwood Great Neck Green Run Holland Homestead Kings Grant Kingston Lake Smith Landstown Larkspur Linkhorn Little Neck London Bridge Lynnhaven Magic Hollow Malibu Meadows Mt. Trashmore North Beach Oceana Ocean Lakes Ocean Park Old Donation Pembroke Plaza Point O'View ~ovidence Red Wing Salem Seatack Shannon Fairfield Elementary School Kings Grant Elementary School Glenwood Elementary School Francis Asbury United Methodist Church Green Run Elementary School Holland Elementary School Providence Presbyterian Church St. Nicholas Catholic Church Kingston Elementary School Shelton Park Elementary School Landstown Community Church St. Andrews United Methodist Church The Evangelical Lutheran Church of the Good Shepherd St. Aidan's Episcopal Church London Bridge Baptist Church ~ ............ c~ny U..~t~d Churoh ~f Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Pembroke Meadows Elementary School Windsor Woods Elementary School Galilee Episcopal Church Scott Memorial United Methodist Church Ocean Lakes Elementary School Bayside Christian Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Elementary School Point O'View Elementary School Kempsville Recreation Center Fire Training Center Salem Baptist Church Seatack Elementary School Church of the Ascension 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 Sherry Park Sigma South Beach Stratford Chase Thalia Thoroughgood Timberlake Trantwood Windsor Oaks Witchduck Wolfsnare Woodstock Central Absentee Voter Election District St. Matthews Catholic Church Tabernacle United Methodist Church Virginia Beach Center for the Arts Providence Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Windsor Oaks Elementary School Bayside Presbyterian Church Eastern Shore Chapel Avalon Church of Christ Agriculture/Voter Registrar Building 88 89 Adopted by the City Council of the City of Virginia Beach on this 14th day of March 1995. 90 91 92 93 CA-5852 DATA/ORDIN/PROPOSED / 10-1. ORD FEBRUARY 15, 1995 Ri APP~',~OVED AS T.Q -17- Item V-J. 2. ORDINANCES ITEM # 38930 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS AMENDED: Ordtnance to AMEND and REORDAIN Section 2-20 of the Code of the City of Virginia Beach, Virginia, re time and place of regular meetings of City Council. On Lines 40 and 41 ADD after 6:00 PM "which will be audio-recorded", to read: (c) All Formal and Informal meetings of the Council held in either the Counctl Chambers or the Council Conference Room shall be cablecast hve, with the exception of the Informal meettng held on the third Tuesday of each month from 4'00 PM. to 6:00 P.M whtch shall be recorded on audiotape. Voting 7-4 Council Members Voting Aye: John A. Baum, L~nwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Counctl Members Voting Nay' Robert K Dean, John D. Moss, Mayor Oberndorf and Nancy K. Parker Council Members Absent: None March 14, 1995 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-20 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO THE TIME AND PLACE OF REGULAR MEETINGS OF CITY COUNCIL BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Hmo. 2-20. Time and pl&ce of regul&r meetings. (a) Regular formal meetings of the council shall be held in the Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on the first and second Tuesdays of each month at 2:00 p.m. and on the fourth Tuesday of each month at 6:00 p.m., unless such date shall fall upon a legal holiday, in which case the meeting shall be held on the next succeeding day which is not a holiday and at the same hour, except as otherwise provided by special resolution of the council. However, in July of each year, regular meetings shall be held on the first two (2) Tuesdays of the month at 2:00 p.m. The council may also convene informal meetings on the dates of regular formal meetings at such times as the council may deem appropriate, and on the third Tuesday of every month except July from 4:00 p.m. to 6:00 p.m. Informal meetings, which shall be held in the Council Conference Room adjacent to the Council Chambers and at which no votes shall be cast, shall be for the purpose of discussing matters of interest to the council, and receiving briefings/reports from the city manager, city staff and city boards, commissions, committees and other city agencies. The city manager shall notify the public of the times of such informal meetings in advance thereof. 32 33 34 35 36 37 38 39 40 41 (b) To accommodate citizen participation in public hearings, the council may by resolution convene any council meeting at such public facility in the city that will in the judgment of city council accommodate the citizens; provided, however, that notice shall be provided to the press by the city manager. (c) All formal and informal meetings of the council held in either the Council Chambers or the Council Conference Room shall be cablecast live, with the exception of the informal meetinq held on the third Tuesday of each month from 4:00 p.m. to 6:00 p.m. which shall be recorded on audiotape. 42 43 Adopted by the City Council of the City of Virginia Beach on this 14th day of March, 1995. 44 45 46 47 CA-5864 DATA/ORDIN/PROPOSED/02-20.PRO MARCH 14, 1995 R3 - 18 - Item .V-J, 3. a, ORDINANCES ITEM tt 38931 Gary Price, 808 Surfside Avenue, Phone. 428-9220, represented the applicant Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to authorize temporary encroachment into a portion of the City's property known as the Waters of Lake Joyce to George C. Lyon, Jr. and Joyce P. Lyon re constructtng and maintaining a bulkhead and pier at 4457 Black Beard Road (BAYSIDE BOROUGH). The following conditions shall be required a. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. b. The owner agrees to keep and hoM the City free and harmless of any liability as a result of the encroachment. c. The owner agrees to maintatn said encroachment so as not to become unsightly or a hazard. d. The owner must obtatn an approved waterfront permit. The owner must obtatn written assurance from the City of Norfolk that the granting of thts encroachment will not acttvate the reversionary clause tn Virgtnta Beach's Deed for Lake Joyce Voting: 11-0 Councd Members Voting Aye: John A Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Barbara M. Henley, Louts R. Jones, John D. Moss, Mayor Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Counctl Members Voting Nay None Council Members Absent: None March 14, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO THE WATERS OF LAKE JOYCE TO GEORGE C. LYON, JR. AND JOYCE P. LYON, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, George C. Lyon, Jr. and Joyce P. Lyon, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the waters of Lake Joyce. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a bulkhead and pier and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's property known as the waters of Lake Joyce, on the certain plat entitled: "PROPOSED BULKHEAD & PIER IN: LAKE JOYCE AT: 4456 BLACKBEARD RD. VA. BEACH, VA. APPLICANT: G.C.LYON, JR. SHEET 1 OF 2 DATE 4-14-94," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to George C. Lyon, Jr. and Joyce P. Lyon, their heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's property known as Lake Joyce and George C. Lyon, Jr. and Joyce P. Lyon, their heirs, assigns and successors in title shall bear all costs and expenses of such removal. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 AND, PROVIDED FURTHER, that it is expressly understood and agreed that George C. Lyon, Jr. and Joyce P. Lyon, their heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, it is further expressly understood and agreed that George C. Lyon, Jr. and Joyce P. Lyon will obtain written authority from the City of Norfolk to encroach into Lake Joyce, with assurance that such encroachment will not be utilized by the City of Norfolk as a means to invoke the reverter clause included in the deed conveying Lake Joyce to the City of Virginia Beach. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that George C. Lyon, Jr. and Joyce P. Lyon execute an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of March , 1995. 65 66 67 68 69 12/19/94 02/09/95 R-2 CA-5849 ( ordin \ noncode \ lyon. ord) ?~PROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Department of Law THIS AGREEMENT, made this 22ND day of NOVEM~.ER , 1994 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and George C. Lyon, Jr. and Joyce P. Lyon, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part. WITNESS~TH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a replacement bulkhead and a replacement pier in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such replacement bulkhead and replacement pier, it is necessary that the said party of the second part encroach into a portion of City owned property known as Lake Joyce; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such replacement bulkhead and replacement pier within a portion of the City's property known as Lake Joyce. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's property known as Lake Joyce for the purpose of constructing and maintaining such replacement bulkhead and replacement pier. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's property known as Lake Joyce as shown on that certain plat entitled: "PROPOSED BULKHEAD & PIER IN: LAKE JOYCE AT: 4457 BLACKBEARD RD. VA. BEACH, VA. APPLICANT: G.C. LYON, JR. SHEET 1 OF 2 DATE 4-14-94," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the city of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's property known as Lake Joyce by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's property. It is further expressly understood and agreed that the party of the second part will obtain written authority from the City of Norfolk to encroach into Lake Joyce, with assurance that such encroachment will not be utilized by the City of Norfolk as a means to invoke the reverter clause included in the deed conveying Lake Joyce to the City of Virginia Beach. It is further expressly understood and agreed that the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Five Hundred Thousand Dollars ($500,000.00). It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's property encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, George C. Lyon, Jr. and Joyce P. Lyon, the said parties of the second part have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: CITY OF VIRGINIA BEACH By city Manager/Authorized Designee of the City Manager City Clerk ~PROVED AS TO CONTB-E (../ SIGNATURE DEPARTMENT e C~ 'Lyon, Jr. 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 bearing date on the day of , 19__, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . 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 bearing date on the day of , 19 ~, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 . My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF ~;///~¢t~/~~{, to-wit: NORFOLK I, MARLENE R. JONES , a Notary Public in and for the City and State aforesaid, do hereby certify that George C. Lyon, Jr. and Joyce P. Lyon, whose names are signed to the foregoing writing, bearing date the 22ND day of NOVEMBER , 19 94, have acknowledged the same before me in my City and State aforesaid. Given under my hand NOVEMBER , 19 94 . My Commission Expires: 02/29/96 this 22ND day of zD NV,.I A 1' ~X, I · [ Dtt 7[//~ : /1,,I5L = 0.0 ,'gZ~,4('£/VT PI?O PC/F l Y (_.)NN£,~ : IM :LAI[£ .TZ) Y£ E VA , L~E,q £ H, VA I~PPLIEANT: G. C L YOlV, :Tie. 51Y£E T' Izg£Z BAT'~ q'/q' 9~ --- BAYLAKE AERIES Off --THE BAY OCl BA~(I LLE %~ ms ~, ~Ms ~ ,lC, CDP, D5 El) tgI. JLIC~4E..4D I"=~' Z ~' I ~x ,~z. pvk.m b · P/r. b ?D.SF_D P/E,~ I~IA £ £N T Pt~L) F £KT Y D lqAIEk:~ : /. ?/~DFD6ED BU/_Kt/E_,4D ¢ FlEE ~Al: LAKE ZD RT: zt~5 7 L~LA£/( BEARD VA, ~ EA £ H, VA, RFPLI£AAJT: G.C. L SHEET Z&FZ DATE ~k-/zt-9~ 8Ay LAKE JOYCE ~_~ SITE L, LYN~A~EN RIVER WESTERN BRANCH · / · PREPARED B:' P/W ENO, DRAFT, 12/14/94 - 19 - Item V-J. 3. b. ORDINANCES ITEM # 38932 Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way of Princess Anne Road to Donald L. Sanders re maintaining brick pillars at 2186 Princess Anne Road (PRINCESS ANNE BOROUGH), subject to The following conchttons shall be required a. The owner agrees to remove the encroachment when nottfied by the City of Virgmta Beach, at no expense to the Ctty b The owner agrees to keep and hold the City free and harmless of any liabtlity as a result of the encroachment c. The owner agrees to maintam satd encroachment so as not to become unsightly or a hazard. Voting. 11-0 Council Members Voting Aye. John A. Baum, Ltnwood O. Branch, III, Robert K. Dean, Wilham W. Harrtson, Jr, Barbara M Henley, Louts R Jones, John D Moss, Mayor Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M. Strayhorn Council Members Voting Nay: None Council Members Absent. None March 14, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF PRINCESS ANNE ROAD TO DONALD L. SANDERS, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Donald L. Sanders, his heirs, assigns and successors in title is authorized to maintain a temporary encroachment into the right-of-way of Princess Anne Road. That the temporary encroachment herein authorized is for the purpose of maintaining brick pillars and that said encroachment shall be maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the city's right-of-way known as Princess Anne Road, on the certain plat entitled: "SUBDIVISION OF PART OF PROPERTY SHOWN ON PLAT ENTITLED 'PLAN OF PROPERTY OF MRS GRACE W. PRINCE' (M.B. 8, P. 85) VIRGINIA BEACH, VA.," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Donald L. Sanders, his heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Princess Anne Road and that Donald L. Sanders, his heirs, assigns and successors in title shall bear all costs and expenses of such removal. 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 AND, PROVIDED FURTHER, that it is expressly understood and agreed that Donald L. Sanders, his heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Donald L. Sanders executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of March , 19 95 . 59 60 61 01/19/95 EWB/tga britt~sanders, ord ~(I~PROVED AS TO CONTENT __ THIS AGREEMENT, made this day of De , 19 ~, by and between the'CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and DONALD L. SANDERS, single, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part, GRANTEE. WITNESSETH: That, WHEREAS, it is proposed by the party of the second part to maintain brick pillars in the City of Virginia Beach; and WHEREAS, in maintaining such pillars, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Princess Anne Road; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such pillars within a portion of the City's right-of-way known as Princess Anne Road. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as Princess Anne Road for the purpose of maintaining such pillars. It is expressly understood and agreed that such temporary encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as Princess Anne Road as shown on that certain plat entitled: "SUBDIVISION OF PART OF PROPERTY SHOWN ON PLAT ENTITLED 'PLAN OF PROPERTY OF MRS GRACE W. PRINCE ' (M. B. 8, P. 85) VIRGINIA BEACH, VA.," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as Princess Anne Road by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such 2 permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Donald L. Sanders, the said party of the second part has caused this Agreement to be executed by his signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: City Clerk city Manager/Authorized Designee of the City Manager Donald L. Sanders 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 bearing date on the day of . , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 My Commission Expires: Notary Public 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 bearing date on the day of , 19 ~, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 _- My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, |Q~O~ ~. ^ ' ~~-~]'e~t,d~~ , a Notary Public in and for the City and State aforesaid, do hereby certify that DONALD L. SANDERS, whose name is signed to the foregoing writing, bearing date the ~1~ day of ~I~F~ , 19~, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day l:'u~lic My Commission Expires: of ,0091 = .I :3 3ils i 311 ~330 ~le' ,~ '.,, NIYMO CHURCH ! 1.017 Acs. TO Old ~llne , I N 1~ lldlaaf~d fro' Hreef ii III'. 1 , PRINCESS ANNE ROAD .... :-. ........ J _ :~: : ....... _~ ....... _., _., ~: :- : -: . :- -: = -.., · _: _ EXHIBIT A SUBDIVISION OF PART OF PROPERTY SHOWN ON PLAT ENTITLED "PLAN OF PROPERTY OF MRS GRACE W. PRINCE."(MB.8, P. 85) VIRGINIA BEACH~VA. , ' "FOR - 20 - Item V-J. 4. a. ORDINANCES ITEM # 38933 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $9,830.68 upon application of certain persons and upon certification of the City Treasurer for payment. Voting 11-0 Counctl Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Oberndo~ Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Councd Members Voting Nay None Council Members Absent: None March 14, 1995 2/27/95 EMC FORM NO C A 7 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. Tax Type Ticket Exonera- Date Penalty Int. NAME Year of Tax Number tion No. Paid Total William J Watson 95 Rerrille J & Ann B Flippo 95 Prudential Home Mortgage 95 Giant Square Shopping Ctr 95 Ruby Ann Dunn Gauntt 95 Ruby Ann Dunn Gauntt 95 Integrated Systems Control 95 Loan Guaranty Division RE 95 Nationsbanc Mortgage Corp 95 Nationsbanc Mortgage Corp 94 Nationsbanc Mortgage Corp 94 BP Oil Company RE Dept 95 BP Oil Company RE Dept 94 BP Oil Company RE Dept 94 BP Oil Company RE Dept 93 BP Oil Company RE Dept 93 BancBoston Mortgage Co 94 BancBoston Mortgage Co 94 BancBoston Mortgage Co 93 BancBoston Mortgage Co 93 BancBoston Mortgage Co 92 BancBoston Mortgage Co 92 BancBoston Mortgage Co 95 Albert Lee Bonney Jr 94 Albert Lee Bonn6y Jr 94 Albert Lee Bonney Jr 93 Albert Lee Bonney Jr 93 Albert Lee Bonney Jr 92 Albert Lee Bonney Jr 92 David J & Carol Mantel 94 George Jr & Bonnie Taylor 94 Fountainhead of Va Beach 91 Fountainhead of Va Beach 91 Fountainhead of Va Beach 92 Points West Owners Assoc 93 Points West Owners Assoc 93 Points West Owners Assoc 92 RE(l/2) 132867-9 11/10/94 89.28 RE(2/2) 038568-0 12/5/94 142.50 RE(l/2) 132866-0 12/5/94 1,172.96 RE(l/2) 043007-9 12/5/94 30.34 RE(l/2) 042365-7 11/22/94 16.21 RE(l/2) 042364-8 11/22/94 6.38 RE(l/2) 057487-8 11/29/94 461.03 RE(1/2) 084929-8 11/29/94 316.81 RE(l/2) 088928-0 11/23/94 290.70 RE (1/2) 088209-1 11/23/93 290.70 RE(2/2) 088209-1 5/27/94 290.70 RE(l/2) 004381-7 12/5/94 215.64 RE(l/2) 004386-3 11/26/93 215.64 RE(2/2) 004386-3 6/5/94 215.64 RE(l/2) 004330-1 11/30/92 206.18 RE(2/2) 004330-1 6/5/93 206.18 RE(l/2) 102800-3 11/23/93 2.85 RE(2/2) 102800-3 5/27/94 2.85 RE(l/2) 101896-1 11/24/92 2.73 RE(2/2) 101896-1 5/29/93 2.73 RE(l/2) 101026-5 11/26/91 2.73 RE(2/2) 101026-5 6/5/92 2.73 RE(l/2) 103770-6 11/23/94 2.85 RE(l/2) 011080-7 12/3/93 526.68 RE(2/2) 011080-7 12/3/93 526.68 RE(l/2) 010881-1 12/3/92 503.58 RE(2/2) 010881-1 12/3/92 503.58 RE(l/2) 010799-3 12/3/91 503.58 RE(2/2) 010799-3 12/3/91 503.58 RE(2/2) 134255-0 10/19/94 28.99 RE(l/2) 115675-7 12/5/93 68.06 PP 238907-8 8/11/94 268.52 PP 238906-9 9/12/94 1,515.69 PP 244238-5 8/11/94 209.58 RE(l/2) 092019-4 12/3/92 208.90 RE(2/2) 092019-4 6/5/93 208.90 RE(e/2) 030562-6 10/22/92 68.00 Total 9,830.68 ThIs ordinance shall be effective from date of adoption. The above abatement(s) totaling $9,830.68 were approved by the Council of the C~ty of V~rg~nia Beach on the 14 day of March,, 1995 Ruth Hodges Smith C~ty Clerk Certil fls Approved as to form. Leshe L Ldley, C~t~Q:lz3me~ - 21 - Item V-J. 4. b. ORDINANCES ITEM # 38934 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $5,807.07 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting. 11-0 Council Members Vottng Aye: John A Baum, Ltnwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr, Barbara M Henley, Louis R. Jones, John D Moss, Mayor Oberndo~ Nancy K. Parker, Vice Mayor William D Sessorns, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Counctl Members Absent. None March 14, 1995 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 Luke, David M. 852 Lord Leighton Drive Virginia Beach, VA 23454 Spain, Mark E. T/A Spain Technologies 500 Marsh Duck Way Virginia Beach, VA 23451 W S W Inc. T/A Accord Realty 1341 S. M~litary Hwy. Chesapeake, VA 23320 1994 Audit $323.01 $323.01 1993 Audit $10.00 $10.00 1994 Audit $606.99 $606.99 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $940.00 of the City of Virginia Beach on the 14, Certified as to Payment: ~_.~Ro~ert P. Vaugh~ Commissioner of the Revenue Approved as to form: City Attorney were approved by the Council day of March ,19 95 Ruth Hodges Smith City Clerk 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 applicatmns for hcense refunds, upon cert~flcabon of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Chesyork Corp. T/A The Red Barn Food Store P.O. Box 13212 Chesapeake, VA 23325 Ghum,, Shaban A. T/A Cool Breeze Cafe 532 Chapel Lake Drive #302 V~rgima Beach, VA 23454 Gibson, Deborah Ann 993 Boughton Way Virginia Beach, VA 23456 1993-94 Audit $59.18 1993-94 Audit $46.96 1993-94 Audit $30.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $136.14 of the City of Virginia Beach on the 14 $59.18 $46.96 $3O.00 Cerbfled as to Payment: ~--~JRobert P. Vaugl~/ Commmsioner of the Revenue Approved as to form: City Attorney were approved by the Council March day of ,19 95 Ruth Hodges Smith C~ty Clerk FORM NO C.A. IREV ~ 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 apphcations for hcense refunds, upon certification of the Commms~oner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Hessek, Mark P. 1992-94 T/A The Cable Agency Worth Repeating Thrift Shoppe 301 Eastwood Circle Wrg~ma Beach, VA 23454 Honeycutt, Jeffery T/A Regatta Software P.O. Box 62425 Virg~ma Beach, VA 23466 Audit $56.96 Lenel Collecbon Ltd. 1080 Lask~n Road #102 V~rg~nia Beach, VA 23451 1990-92 Audit $30.00 1993-94 Audit $93.38 This ordinance shall be effective from date of adoption. The above abatement(s) totahng $180.34 of the C~ty of Virginia Beach on the $56.96 $30.00 $93 38 Certified as to Payment: Robert P. Vaur~_ r~ Commissioner of the Revenue Approved as to form: L'~e~lie L. L~lley ~ C~ty Attorney ~ were approved by the Council March 95 day of ,19 Ruth Hodges Smith C~ty Clerk 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 applicabons for hcense refunds, upon cerbfication of the Commissmner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Yun Yin Co. Inc. T/A Peking CIty Restaurant 1781 Chase Point Circle #317 Virginia Beach, VA 23454 1992-94 Audit $190.31 $190.31 Thfs ordinance shall be effective from date of adoption. The above abatement(s) totaling $190.31 of the C~ty of V~rg~nia Beach on the 14 Cerbfied as to Payment: ~c~bj~isP;ioVna;rgoh~ thee Revert ue Approved as to form: City Attorney were approved by the Council day of March ,19 95 Ruth Hodges Smtth Ctty Clerk 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 cert~ficabon of the Commmmoner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID S~mone, Michael P. 1992-93 T/A A Accident/Back Injury Clinic 1600 E. L~ttle Creek Road Norfolk, VA 23518 Suzanne K. Getz Inc. 727 Sir Walter Circle Virg~ma Beach, VA 23452 Audit $110.87 $110.87 1991-93 Audit $56.60 $56.60 V~rg~ma Beach Marble Company 506 V~king Dnve 1991-94 Vlrg~ma Beach, VA 23452 1991-94 $1,007.09 $1,007.09 This ordinance shall be effective from date of adoption. The above abatement(s) totahng $1,174.56 of the C~ty of V~rg~n~a Beach on the 14 Cerbfied as to Payment: c_---R~'-bert P. ~/augh~_.,)'"-- Comm~smoner of the Revenue Approved as to form: ~-esr~ L. L~y"" ~ C~ty Attorney were approved by the Council day of March ,19 95 Ruth Hodges Smith C~ty Clerk 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 applicabons for license refunds, upon certIfication of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Lindsey, Mark & Dennis Otroba T/A Denmark Servmes 1713 Sunbeam Court 1993-94 Virglma Beach, VA 23456 Massey, Robert E. L. T/A Carmc V~deo Services 5536 Society Court V~rg~ma Beach, VA 23464 Audit $24.63 $24.63 Peedin, Everette E. T/A Peedins ServIces 4436 H~nsdale Street V~rg~n~a Beach, VA 23462 1993-94 Audit $40.00 $40.00 1993 Audit $30.00 $30.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $94.63 of the C~ty of Virginia Beach on the 14 Certified as to Payment: ~be~t P. 'V~Ug~_~ Commissioner of the Revenue Approved as to form: Leshe L. Lilley"'"'---~~ C~ty Attorney were approved by the Council day of Hatch ,19 9_5 Ruth Hodges Smith City Clerk 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 cerbfication of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Harkness, Charles, Jr. T/A Kempsvllle Amoco 5152 Overland Road Virginia Beach, VA 23462 The Kempswlle Companies Inc. T/A The Kempsvllle Companies 4480 Holland Office Park #225 V~rg~ma Beach, VA 23452 1993 Audit $1,71 6.51 $1,71 6.51 1994 Aud,t $30.00 $30.00 Lighting & Restoration Inc. Pembroke 2 #135 Virg~ma Beach, VA 23462 1994 Audit Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,776.51 of the C~ty of V~rgin,a Beach on the 14 $30.00 $30.00 Certified as to Payment: ~bert P. Vaugh~f- Commissioner of the Revenue Approved as to form: · C~ty Attorney were approved by the Council day of March ,19 95 Ruth Hodges Smith City Clerk 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 hcense refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Brown, Harry F., Jr., President Brown Mechanical Corp. 2712 Manoomln Place Virginia Beach, VA 23451 Faircloth, Pennie C. T/A Penrick Computer Service 848 Outerbridge Quay Virginia Beach, VA 23464 Gregory Properties Inc. T/A 17th Street Exxon 729 Virginia Avenue Virginia Beach, VA 23451 1993 Audit $42.09 1993-94 Audit $42.00 1994 Audit $919.16 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,003.25 of the City of Virginia Beach on the 14 $42.O9 $42.O0 $919.16 Certified as to Payment: l.~_~-RO~'bert P. Vaugh~// Commissioner of the Revenue Approved as to form: City Attorney were approved by the Council day of March ,19 95 Ruth Hodges Smith City Clerk 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 apphcabons for hcense refunds, upon cert~flcabon of the Commmmoner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Angelos Pizza Incorporated T/A Angelos P~zza & V~deo 1101 Eaglewood Drive #B Virgima Beach, VA 23454 Associates Realty Inc. T/A The Walker Realty Group 833 St. Dems Court V~rg~nia Beach, VA 23455 Barth, Devera W. T/A Versatde Enterprises 417 Carnegie Road Virginia Beach, VA 23452 1993-94 Audit $20.81 $20.81 1993-94 Audit $260.52 $260.52 1994 Audit $30 00 $30.00 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $311.33 of the C~ty of V~rg~n~a Beach on the Certified as to Payment: / R~bert P. Va~gha~7 Commissmner of the Revenue Approved as to form: Ctty Attorney'~ were approved by the Council day of March ,1995 Ruth Hodges Smith C~ty Clerk - 22 - Bern V-K.I. RESOLUTIONS ITEM # 38935 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED: Resolutions: Virginia Department of Transportation (VDOT) requesting payment re streets for Urban Maintenance Payments: 1. Requesting additional streets constructed in accordance with standards established by VDOT and ACCEPTED by the City. Z Requesang correctton for tnaccurac~es that extsted. Voting 11-0 Council Members Voting Aye John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Oberndorf, Nancy IC Parker, Vice Mayor Wilham D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 14, 1995 RESOLUTION WHEREAS, the Virginia Department of Transportation requires a council resolution prior to accepting additional streets for urban maintenance payments; and WHEREAS, the attached streets have been constructed in accordance with standards established by the Virginia Department of Transportation; and WHEREAS, the City of Virginia Beach has accepted these streets and has agreed to maintain these streets, and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these streets; now THEREFORE BE IT RESOLVED, that the Council of the City of Virginia Beach, Virginia does hereby request the Virginia Department of Transportation to accept these streets and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted this14 day of March , 1995 CITY OF VIRGINIA BEACH, VIRGINIA CITY ~GER/DESIGNEE OFR~E CITY MANAGER ATTEST TH, CMC/AAE CLERK OF COUNCIL APPROVED ,e.,,S TO Cu,,~'~ ~.' ci'pt Form U-1 (Rev. 1-1-87) ADDITIONS/REPLACE DELETIONS URBAN MINOR ARTERIAL URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR HUNICIPAL ASSISTANCE PAYMENTS Section 33.1-~1.1 Code of Virginia MUNICIPALITY CITY OF VIRGINIA BEACH Page 1 of 1 GlO GlO GlO HIO STREET NAME TERMINi R/W PAVEMENT CENTER- NUMBER LANE FUNC. - WIDTH WIDTH LINE OF HILES CLASS ROUTE NUMBER (FEET) (FEET) MILES LANES (TPO USE ONLY) * FROM TO ROSEMONT RD LYNNHAVEN PY .13M S LYNNHAVEN PY 50 30. 0.18 3 0.54 ROSENONT RD .13M S LYNNHAVEN PY 1.31M S LYNNHAVEN PY 50 30. 1.5 2 3. ROSEMONT RO 1.31M S LYNNHAVEN PY LANOSTCRal RO 50 30. 0.21 3 0.63 LANDSTOI~ RD HOLLAND RD PRINCESS ANNE RD 50 30. 0.97 4 3.88 *COUNCIL RESOLUTION & MAP ATTACHED MUNICIPAL OFF [CIAI! ~'2 3-C~~- SIGNEDRESIDENT ENGINEER DATE DATE Submit to: Resident Engtneer ~n Tr~pt~cate CLASSIFIED BY TPD ENGINEER DATE Form U- 1 (Rev. 1-1-87) URBAN DIVISION VDOT P.o¢ 1 of 1 URBAN MINOR ARTERIAL REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia MUNICIPALITY CITY OF VIRGINIA BEACH Kll STREET NAME TERMINI R/W PAVEMENT CENTER- NUMBER LANE FUN(. WIDTH WIDTH LINE OF NILES CLASS ROUTE NUMBER (FEET) (FEET) MILES LANES (TPO USE ONLY) * FRON TO FERRELL PY GENERAL BOOTH BV ENO OF PAVEMENT VAR 30. 0.43 ~ 1.?2 .. . ,- -- *COUNCIL RESOLUTION & MAP ATTACHED MUNICIPAL OFFICIAL] ,~," Z'~' _C~-- SIGNEDRESIDENT ENGINEER DATE DATE Submit to: Resident Engineer ~n Tr~pt~cate CLASSIFIED BY TPI) ENGINEER DATE Form U- 1 (Rev. 1-1-87) URBAN COLLECTOR URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section Code of Virginia MUNICIPALITY CITY OF VIRGINIA BEACH Page 1 of STREET NAME TERMINI R/g PAVEMENT CENTER- NUMBER LANE FUNC. ' glDTH gIDTH LINE OF MILES CLASS ROUTE NUMBER (FEET) (FEET) MILES LANES (TPD USE ONLY) * FROM TO TRANSFER RD ROSEMONT RD DEAD END 50 30. 0.18 & 0.72 CORPORATE LANDING PY DAN NECK RD DEAD END 120 O.&2 & 1.68 - GlO KIO *COUNCIL RESOLUTION & MAP ATTACHED MUNICIPAL OFFICIAl/ ~/2. ~/~.~"' SIGNEDRE~IDENT ENGINEER DATE DATE Submit tO: Resident Engineer tn Trlptlcate CLASSIFIED BY TPD ENGINEER DATE Form U- 1 (Rev. 1-1-87) ADD ! T ! ONS/REPLACE DELET IONS LOCAL URBAN DIVISION VDOT REGUEST FO~ STREET ADDITIONS OR DELETIONS FOR HUNICIPAL ASSISTANCE PAYMENTS Section 33.1-&1.1 Code of Virginia MUNICIPALITY CITY OF VIRGINIA BEACH Page 1 of 1 EIO Ell Ell ill KO5 STREET NAME TERMINI R/U PAVEMENT CENTER- NUMBER LANE FUNC. ' WIDTH WIDTH LINE OF MILES CLASS ROUTE NUMBER (FEET) (FEET) MILES LANES (TPD USE ONLY) w FRO# TO ,,, ARDMORE LA DEVON k'Y CUL-DE-SAC 50 30. 0.65 2 1.3 ,, ARCHI)ALE DR .02/4S STUMPY LAKE LA BELSPRING DR 50 30. 0.1& 2 0028 ARCHDALE DR .01 MN STUMPY LAKE LA INDIAN RIVER RD 50 30. O.S& 2 1.08 ,. CHRISTOPHER FARMS DR HOLLAND RD RETURN 50 30. 0.88 2 1.76 CATON DR CUL-DE-SAC OAK HILL CT 50 30. 0.21 2 0.42 - :EASTBORNE DR OLD DAN NECK RD UPTON DR 50 30. 0.~. 2 1.24 RINGFIELD RD ICUL-DE-SAC (g TO~NFIELD) CUL-DE-SAC 50 30. 0.2~ 2 0.46 TOUNFIELD LA ,RINGFIELD RD EDGEHILL AV 60 36. 1.12 2 2.24 LAS BRISAS DR ISANDBRIDGE RD BRASILENO DR 60 36. O.&7 2 0.94 ., LIO Lll Lll *COUNCIL RESOLUTION & HAP ATTACHED D~-"'~E~---~/~''~* SIGNEDREsIDENT ENGINEER DATE Submtt to: Restdent Engtneer tn TripLicate CLASSIFIED BY TPD ENGINEER DATE Form U-1 (Rev. 1 - 1-87) URBAN DIVISION VDOT Page 1 of S LOCAL REGUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-&1.1 Code of Virginia MUNICIPALITY CITY OF VIRGINIA BEACH STREET NAME TERMINI R/M PAVEMENT CENTER- NUMBER LANE FUNC. gIOTfl gIOTH Lille OF MILES CLASS ROUTE NUMBER (FEET) (FEET) MILES LA#ES (TPD USE ONLY) * FRON TO BALLARD CT GREENWICH RD DEAD END 50 &3. 0.0~ 2 0.08 SLIMMER~ALK DR BELSPRING DR CUL'OE'SAC 50 30. 0.28 2 0.56 ADAIR CT ADAIR DR CUL'DE-SAC 50 30. 0.0~ 2 0.08 ADAIR DR DARDEN DR DEAO END 50 30. 0.07 2 0.1& AIKEN CT RAYNOR DR CUL'DE'SAC 50 30. O.O& 2 0.138 ARCNDALE CT ARCHDALE DR CUL'OE-SAC 50 31. 0.0~ 2 0.1 BARNI~ CT ARCHOALE OR CUL-OE-SAC 50 30. 0.0~ 2 0.06 COUAN CT RAYNOR DR CUL'OE-SAC 50 30. 0.0~ 2 0.08 OABNEY CT RAYNOR DR CUL'OE'SAC 50 30. 0.0/, 2 0.08 DAROEN CT RAYNOR DR CUL'OE'SAC 50 30. 0.0/, 2 0.08 .. DARDEN DR RAYNOR DR STUMPY LAKE LA 50 ]0. 0.11 2 0.22 ELLINGTON CT GAINSMILL OR CUL-OE-SAC 50 30. 0.03 2 0.06 CO? EIO Ell Ell Ell Ell Ell Ell Ell Ell Ell Ell *COUNCIL RESOLUTION & HAP ATTACHED MUN 1 C IPA[- OFFICIAl./ Submit to: Resident Engineer ~n Trtptlcate DATE SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE Fora U~ 1 (Rev. 1 - 1-87) URBAN DIVISION VOOT 2 of S .... LOCAL REQUEST FOR STREET ADDITIONS OR DELETIONS FOR HUNICIPAL ASSISTANCE PAYNENTS Section 33.1-41.1 Code of Virginia NUNICIPALITY CITY OF VIRGINIA BEACH Ell Ell Ell Ell Ell Ell Ell Ell Ell ., STREET NAPlE TERNIN! R/W PAVENENT CENTER- NUNBER LANE FUNC. WIDTH UIDTH LINE OF NILES CLASS ROUTE NLIHBER (FEET) (FEET) NILES LANES (TPD USE ONLY) * FRON TO ,, GAINSHILL DR CREEI~ DR .01 NS STIJNPY LAKE LA 50 30. 0.19 2 0.38 GAYNONT CT ARCNDALE DR CUL-DE-SAC 50 31. 0.07 2 0.14 ,. %NGLEWO00 CT [NGLEW(XX) LA CUL-DE-SAC 50 30. 0.09 2 0.18 INGLEgOOO LA ARCHDALE DR CUL-DE-SAC 50 30. O.Z] 2 0.4,6 , , JURGEN CT RAYNOR DR CUL-DE-SAC 50 31. 0.07 2 0.1& KEATON CT RAYNOR DR CUL-DE-SAC 50 30. 0.0~ 2 0.08 RAYNOR CT RAYNOR DR CUL-DE-SAC 50 30. 0.0~ 2 0.08 RAYNOR DR ARCHDALE DR DEAD END 50 30. 0.3 2 0.6 RAYNOR DR ARCHDALE DR 200" W OF ARCHDALE DR 50 31. 0.02 2 0.04 STERNCROFT CT STERNCROFT DR CUL-DE-SAC 50 30. 0.02 2 0.0~ STERNCROFT DR GAINSHILL DR CREEIG/O~ DR 50 30. 0.2~ 2 0.5 - TYLER CT DAROEN DR CUL-DE-SAC 50 30. 0.09 2 0.18 Ell Ell Ell *COUNCIL RESOLUTION & FtAP ATTACHED S,GNED ~. ~1'.~ .UNICIPAL OFFICIAL, _ RESIDENT ENGINEER DATE DATE Submit to: Resident Engineer in Tr~pt~cate CLASSIFIED BY TPD ENGINEER DATE Form U- 1 (Rev. 1 - 1-87) URBAN DIVISION VDOT P~e 3 of 5 LOCAL REQUEST FOR STREET ADDITIONS OR DELETIONS FOR HUNICIPAL ASSISTANCE PAYMENTS Section 33.1-&1.1 Code of Virginia gUNICIPALITY CITY OF VIRGINIA BEACH FO:3 FO3 FO3 ill Ill STREET NAHE TERMINI R/U PAVEMENT CENTER- NUIdBER LANE FLINC. ' UIDTH UIDTH LINE OF gILES CLASS ROUTE NI.MBER (FEET) (FEET) gILES LANES (TPD USE ONLY) * FROg TO CHURCH POINT CT CHURCH POINT RD CUL-DE-SAC 50 30. 0.05 2 0.1 CHURCH POINT RD CHURCH POINT PL SPRING HOUSE TR 60 40. 1.25 2 2.5 L_ SPRING HOUSE TR CUL-DE-SAC END OF CURB 50 30. 0.24 2 0./~8 FARMHOUSE CT CHRISTOPHER FARMS DR CUL-DE-SAC 50 30. 0.03 2 0.06 t~ARVEST NOON CI CHRISTOPHER FARMS DR (E) CUL'DE'SAC 50 30. 0.03 2 0.06 HARVEST ~ CT CHRISTOPHER FARMS DR (g) CUL-DE-SAC 50 30. 0.0/~ 2 0.08 RED BARN DR CHRISTOPHER FARMS DR CUL-DE-SAC 50 30. 0.0~ 2 0.08 RED ROOSTER CT CHRISTOPHER FARMS DR CUL-DE-SAC ~0 30. 0.05 2 0.1 ,., WHEATSTRA~ CT CHRISTOPHER FARMS DR CUL-DE-SAC 50 30. 0.02 2 0.0~ BARN BROOK CT BARN BROOK RD CUL-DE-SAC 50. 30. 0.02 2 0.I~ BARN BROOK RD S CUL-DE -SAC N CUL-DE-SAC 50. 30. 0.22 2 IHILLRD HILL DAN RD _ BARN BROOK RD 60. 36. 0.03 2 0.06 -- ill !11 111 111 JO5 JO5 JO5 *COUNCIL RESOLUTION & MAP ATTACHED MUlti CI PAL OFFICIALI DATE SIGNED RESIDENT ENGINEER DATE Submit to: Resident Engineer in Trlpttcate CLASSIFIED BY TPD ENGINEER DATE Form U- 1 (Rev. 1-1-87) LOCAL URBAN DIVISION VDOT REGUEST FOR STREET ADDITIONS OR DELETIONS FOR HUNICIPAL ASSISTANCE PAYMENTS Section33.1-~1.1 Code of Virginia MIJNICIPALITY CiTY OF VIRGINIA BEACH Page & of 5 KO5 KIO LO? LIO LIO LIO LIO Lll STREET NAME TERMINI R/U PAVEMENT CENTER- NUMBER LANE FL/NC. ' UIDTH UIDTH LINE OF MILES CLASS ROUTE NUgBER (FEET) (FEET) MILES LANES (TPO USE ONLY) t FROM TO OAK HILL CT CATON DR CUL'DE-SAC 50 30. 0.1 2 0.2 PERIMETER DR CORPORATE LANDING PKUY DEAD END 120 30. O.& & 1.6 LONGSTREET AV HUGHES AV CUL-DE-SAC 50 30. 0.03 2 0.06 BROADLAk'N RD EASTBORNE DR EASTBORNE DR 50 30. 0.2& 2 O.&8 ,. CEADERHURST CT BROADLAUN RD CUL-DE-SAC 50 30. 0.0~ 2 0.08 MADRAS CT EASTBORNE DR CUL-DE-SAC 50 30. 0.09 2 0.18 !SEABRIGHT CT EASTBORNE DR CUL-DE-SAC 50 30. 0.04~ 2 0.08 DIAMOND GROVE CT SANDOVAL DR CUL-DE-SAC 50 30. 0.0/~ 2 0.08 FLOUERDEg CT SANDOVAL DR CUL-DE-SAC 50 30. 0.08 2 0.16 GIDEON RD KERR DR CUL-DE-SAC 50 30. 0.12 2 0.2& HALYCON CT SANDOVAL DR CUL'DE-SAC 50 30. 0.0/, 2 0.08 , MOREA CT SANDOVAL DR _ CUL-DE-SAC 50 30. 0.03 2 0.06 Lll Lll Lll Lll *COUNCIL RESOLUTION & MAP ATTACHED SIGNED ~),A.~ MUNICIPAL OFFICIAL, I)ATE ' SIGNED RESIDENT ENGINEER DATE Su~lt to: Resident Engineer mn Trlp(Icete CLASSIFIED BY TPD ENGINEER DATE Form U-1 (Rev. 1-1-87) URBAN DIVISION VDOT ~-ve 5 of LOCAL REQUEST FOR STREET ADDITIONS OR DELETIONS FOR HUNICIPAL ASSISTANCE PAYHENTS Section 33.1-41.1 Code of Virginia NIJNICIPALITY CiTY OF VIRGINIA BEAC# STREET NAHE TERNINi R/g PAVEHENT CENTER- NLIRBER LANE FUNC. ' gIDTH gIDTN LINE OF NILES CLASS ROUTE NUNBER (FEET) (FEET) NILES LANES (TPO USE ONLY) * FROg TO OAKLAUN CT SANDOVAL DR CUL-DE-SAC 50 ]0. 0.11 2 0.22 RINGFIELD CT RINGFIELD RD CUL-DE-SAC 50 30. 0.0~ 2 0.08 ROCKLAND CT SANDOVAL DR CUL'DE-SAC 50 30. 0.0~ 2 0.08 SANDOVAL DR CUL-DE-SAC SCOTCHTOtdN DR 50 30. 1.06 2 2.12 UPTON DR STRAUSS DR END OF CONST 50 30. 0.12 2 BELLEZA CT BRASILENO DR CUL'DE-SAC 50 30. 0.07 2 0.1& BRASILENO DR LAS BRISAS DR CUL'DE'SAC 50 ]0. 0.22 2 0.44 LA TIERRA CIR LA TIERRA CT CUL-DE-SAC 50 70. 0.02 2 0.0~ . LA TIERRA CT LAS 6RISAS DR CUL-DE-SAC 50 30. 0.13 2 0.26 HORADO CT LAS BRISAS DR CUL-DE-SAC 50 30. 0.09 2 0.18 TORERO CT BRASILENO DR CUL-DE-SAC 50 30. 0.03 2 0.06 Lll Lll Lll Lll Lll M12 *COUNCIL RESOLUTION & HAP ATTACHED MUNICIPAL OFFICIALI Submtt to: Resident Engineer In Triplicate DATE ' SIGNED RESIDENT ENGINEER DATE CLASSIFIED BY TPD ENGINEER DATE RESOLUTION WHEREAS, the Virginia Department of Transportation requires a council resolution prior to accepting corrections/deletions to the revised road inventory for urban maintenance payments; and WHEREAS, city personnel have reviewed the revised road inventory prepared by the Virginia Department of Transportation and have determined that some inaccuracies exist; and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these corrections to the revised road inventory; now THEREFORE BE IT RESOLVED, that the Council of the City of Virginia Beach, Virginia does hereby request the Virginia Department of Transportation to accept these corrections and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted this14 day of March 1995 ATTEST RU~H HODGES' SMITH, CMC/AAE CLERK OF COUNCIL CITY OF VIRGINIA BEACH, VIRGINIA C~~ANAGER/DESIGNEE O~ THE CITY MANAGER APPROVED AS TO CONTENI'S g ..... '~," ' ,~ 'T AF,~ROV£D A,$ TO L~rOAL CITY' A'I'I'ORNE¥ I-- UJ b_ ~0 V) z OT LiJ~, (~ ,.- LLI --J Z - 23 - Item V-K. 2. RESOLUTIONS ITEM # 38936 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in SUPPORT of the Governor signing House Bill 1593. A motion was made by Council Lady Parker, seconded by Council Lady Strayhorn, to SUPPORT House Bill 1593. A SUBSTITUTE MOTION was made by Vice Mayor Sessoms, seconded by Councilman Baum to NOT SUPPORT House Bill 1593. Voting. 5-6 (MOTION LOST TO A NEGATIVE VOTE) Counctl Members Votmg Aye' John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Barbara M. Henley and Vice Mayor Wilham D. Sessorns, Jr. Council Members Voting Nay. Robert IC Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Louisa M. Strayhorn Council Members Absent: None March 14, 1995 - 24 - Item V-K. 2. RESOLUTIONS ITEM # 38936 (Continued) Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, Ctty Council voted to SUPPORT House Bill 1593. Voting: 6-5 Council Members Voting Aye: Robert IC Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Louisa M. Strayhorn Council Members Vottng Nay John A Baum, Linwood 0 Branch, III, William W Harrison, Jr., Barbara M. Henley and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None March 14, 1995 - 25 - Item V-L, PUBLIC HEARING ITEM # 38937 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. PLANNING B Y CONSENT 2. SOL W. COHEN RECONSIDERATION/ STREET CLOSURE 2/11/92 3. STERLING W. AND BONNIE J. THACKER R E C ONSIDERA TION MODIFY PROFFERS 1/8/91 TO 4. P. H. ROSE RECONSIDERATION OF CONDITIONS 2/28/93 5. DOUGLAS B. MUNDEN VARIANCE and CONDITIONAL USE PERMIT 6. OCEANA SALVAGE, INC. ENLARGEMENT OF ,4 NONCONFORMING USE 7. SAMIR ItALABI/WITCHDUCK MOTOR COMPANY NONCONFORMING USE 8. NAMIR & SAMIR HALABI CONDITIONAL USE PERMIT 9. GREAT NECK BAPTIST CHURCH (TOM CAMPER) CONDITIONAL USE PERMIT 10. ST. GREGORY THE GREAT CHURCH CONDITIONAL USE PERMIT I1. EASTERN MOBILE HOMES, INC. CONDITIONAL USE PERMIT 12. I~E LaFLEUR CONDITIONAL USE PERMIT 13. JA COB AMUIAL CONDITIONAL USE PERMIT 14. CONTEL CELLULAR, INC. CONDITIONAL USE PERMIT 15. D. MURRAY MALBON CHANGE OF ZONING 16. TREE PLANTING, PRESERVATION AND REPLACEMENT ORDINANCE AMEND/RF~RDAIN APPEND1X E, SECS. 1.2 AND 1.4 March 14, 1995 - 26 - Item V-L.2 PUBLIC HEARING ITEM # 38938 PLANNING Attorney Charles Salle; 192 Ballard Court, Phone: 490-3000, represented the applicant Upon motion by Councilman Harrison, seconded by Councilman Baurn, City Council DEFERRED UNTIL MARCH 28, 1995, CITY COUNCIL SESSION the RECONSIDERATION TO MODIFY CONDITION NUMBER FOUR in the February 11, 1992, approved Application of SOL W. COHEN for a Street Closure of a portion of Croatan Road Ordinance upon application of Sol W. Cohen for the &scontinuance, closure and abandonment of a portion of Croatan Road located at the northwest intersection of Croatan Road and General Booth Boulevard. The parcel contains 17,824 square feet LYNNHAVEN BOROUGH Voting 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch. III, Robert I~ Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D Moss, Mayor Oberndorf,, Nancy K, Parker, Vice Mayor Wilham D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay None Council Members Absent None March 14, 1995 - 27 - Item V-L,3 PUBLIC HEARING PLANNING ITEM # 38939 Attorney Bill Bishoff, 1608 Ray Way, Phone. 426-7147, represented the applicant Attorney John Richardson, representing compettng business, spoke in OPPOSITION. Upon motion by Council Lady Strayhorn, seconded by Councdman Branch, City Council ALLOWED WITHDRAWAL of the RECONSIDERATION TO MODIFY PROFFERS in the January 8, 1991, approved Apphcation of STERLING W. and BONNIE J. THACKER for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF STERLING W. AND BONNIE J. THACKER FOR A CONDITIONAL ZONING CLASSIFICATION FROM AG-2 to B-2 Z0191296 Ordinance upon apphcatton of Sterling W. and Bonnie J. Thacker for a Conditional Zontng Classification from AG-2 Agricultural District to B- 2 Community Bustness District on the northeast side of Indian River Road, 7656 feet more or less southeast of Elbow Road. The proposed zoning classification change is for commercial land use. The Comprehensive Plan designates this site for single family residential development with a density no greater than 3 dwelling units per acre. The parcel ts located at 3756 Indian River Road and contains 3 acres. KEMPSVILLE BOROUGH Voting: 10-0 Council Members Voting Aye. John A. Baum, Ltnwood 0 Branch, III, Robert IL Dean, William W. Harrtson, Jr., Barbara M Henley, Louts R. Jones, John D Moss, Mayor Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr Councd Members Absent None Vice Mayor Sessorns ABSTAINED as he has a business relationship with the applicants (Sterling W. and Bonnie J. Thacker) March 14, 1995 - 28 - Item V-L,4 PUBLIC HEARING PLANNING ITEM # .18940 The following registered in SUPPORT of the application: Attorney John Richardson John J. Barnes, 4324 St. Albans Street, Phone, 671-7636, represented Vulcan Materials Company The following registered tn OPPOSITION to the application: Robert Goodman, 8506 Oceanfront Avenue, Phone. 624-3238, represented Tar Mac Hardy B. Johnson, 1169 Lawson Cove Circle, Phone: 490-3853, represented Tar Mac Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Counctl DENIED EXTENSION OF TIME TO COMPLY WITH CONDITIONS in the September 28, 1993, approved Application of R. H. ROSE for a Change of Zoning ORDINANCE UPON APPLICATION OF R. H. ROSE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO 1-2 Z09931395 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of R. H. Rose for a Change of Zoning D~stnct Classification from I-1 Light Industrial District to 1-2 Heavy Industrml Distinct on certain property located 1100 feet more or less southeast of the tntersect~on of southern Boulevard and Sykes Avenue The proposed zoning classification change to 1-2 is for industrial land use. The Comprehensive Plan recommends use of this parcel for industrial use in accordance with other Plan policies. Said parcel contains 3 acres. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye John A Baum, Ltnwood 0 Branch, III, Robert IC Dean, William W. Harrison, Jr, Barbara M Henley, Louis R. Jones, John D. Moss, Mayor Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: None March 14, 1995 - 29 - Item V-L,5 PUBLIC HEARING ITEM # 38941 PLANNING Douglas B. Munden, 1377 Princess Anne Road, Phone: 462-2747, represented himself The following spoke in OPPOSITION to the application: Patricia L. Martinkouk, 4005 Sandpiper Road, represented the U.S. Fish and Wildlife Service (Back Bay NW~) Upon motion by Council Lady Henley, seconded by Councilman Dean, City Council ALLOWED WITHDRAWAL of the application of DOUGLAS B. MUNDEN for a Variance to Section 4.4(b) of the Subdivtsion Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance: Appeal from Decisions of Admimstrattve Officers in regard to certain elements of the Sub&vision Ordmance, Subdivision for Douglas B Munden. Property is located at the northeast tntersection of Muddy Creek Road and Drum Pomt Road PUNGO BOROUGH. A N D, DENIED Ordinance upon appltcatton of DOUGLAS B. MUNDEN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF DOUGLAS B. MUNDEN FOR A CONDITIONAL USE PERMIT FOR 20 SINGLE FAMILY DWELLINGS Ordinance upon applicatton of Douglas B. Munden for a Conditional use Permit for 20 single family dwelhngs on certain property located at the northeast intersection of Muddy Creek Road and Drum Point Road. Said parcel contains 86.1 acres PUNGO BOROUGH. Vottng. 10-0 Council Members Voting Aye. John A Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, John D. Moss, Mayor Oberndo~ Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Counctl Members Absent. Loutsa M. Strayhorn March 14, 1995 - 30 - Item Il-L, 6 PUBLIC HEARING ITEM # 38942 PLANNING Billy Garrington, 471 Southside Road, Phone. 428-4245, represented the applicant Letter requestYng DEFERRAL from Billy Garrtngton, Agent - Governmental Permitting Consultan6 is hereby made a part of the record Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council DEFERRED UNTIL MARCH 28, 1995, CITY COUNCIL SESSION Ordinance upon applicatton of OCEANA SALVAGE INC., for the enlargement of a nonconforming use; ORDINANCE UPON APPLICATION OF OCEANA SALVAGE, INC. FOR THE ENLARGEMENT OF A NONCONFORMING USE ON CERTAIN PROPERTY Ordinance upon application of Oceana Salvage, Inc., for the enlargement of a nonconforming use on certatn proeprty located at 1040 Oceana Boulevard. Said parcel contains 9074 acres. PRINCESS ANNE BOROUGH. Voting 11-0 Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M Strayhorn Council Members Vottng Nay None Counctl Members Absent: None March 14, 1995 - 31 - Item V-L, 7 PUBLIC HEARING ITEM # 38943 PLANNING Claude F. Lym, 5204 Brocla'e Street, Phone: 479-1341 Upon motion by Councilman Jones, seconded by Vice Mayor Sessorns, City Council ADOPTED a Resolution upon application of SAMIR HALABI/WITCHDUCK MOTOR CO., for the extension of a nonconforming use: APPLICATION OF SAMIR HALABI/WITCHD UCK MOTOR COMPANY FOR THE EXTENSION OF A NONCONFORMING USE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Applicatton of Samir Halabi/Witchduck Motor Company for the extension of a nonconforming use on certatn property located at 220 and 234 North Witchduck Road Said parcels total approxtmately 19,020 square feet. BAYSIDE BOROUGH. The following conditions shall be reqmred: Extsting signage on each site shall be brought into compliance with the City Zoning Ordinance requirements, notwithstanding the nonconforming status of such signage . Authorization shall be for a period of three (3) years and shall automatically terminate, without further action by the City Council, upon the expiration of such period 3. Landscaptng shall be installed at the two (2) entrances. Voting. 11-0 Council Members Vottng Aye. John A. Baurn, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Oberndor. f, Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Councd Members Voting Nay. None Council Members Absent: None March 14, 1995 A RESOLUTION AUTHORIZING THE EXTENSION OF A NONCONFORMING USE ON PROPERTY LOCATED AT 234 AND 220 NORTH WITCHDUCK ROAD, IN THE BOROUGH OF BAYSIDE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 WHEREAS, Witchduck Motor Co., by Samir Halabi, President, has made application to the City Council for authorization to extend an existing motor vehicle sales establishment situated on a parcel of land at 220 North Witchduck Road, in the Borough of Bayside, onto an adjoining parcel of land located at 234 North Witchduck Road; and WHEREAS, both parcels are located in the I-1 Light Industrial Zoning District; and WHEREAS, the said motor vehicle sales establishment ~a nonconforming use, in that such establishments are no longer permitted in the I-1 Light Industrial Zoning District; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the extension of the aforesaid motor vehicle sales establishment would be unlawful in the absence of a resolution of the City Council authorizing such extension upon a finding that the proposed use, as extended, is equally appropriate or more appropriate to the zoning district than is the existing use; and WHEREAS, the applicant has requested that such authorization be for a period of three years; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed establishment, as extended, would be equally appropriate or more appropriate to the zoning district than is the existing establishment. 30 31 32 33 34 35 36 37 38 39 40 41 42 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed extension of the applicant's motor vehicle sales establishment be, and hereby is, authorized, upon the following conditions: 1. That existing signage on each site shall be brought into compliance with the City Zoning Ordinance requirements, notwithstanding the nonconforming status of such signage; 2. That this authorization shall be for a period of three years and shall automatically terminate, without further action by the City Council, upon the expiration of such period; and 3. That landscaping be installed in the entranceways not used for vehicular access. 43 44 45 46 47 48 Adopted by the Council of the City of Virginia Beach on the 14th day of March, 1995. CA-95-5867 wmordres \halabi. res R-2 3-14-95 APPROVED AS TO CONTENT Planning APPROVED AS TO LEGAL SUFFICIENCY Department of Law - 32 - Item V-L,8 PUBLIC HEARING ITEM # 38944 PLANNING Claude F. Lyre, 5204 Brocla'e Street, Phone. 479-1341 Upon motion by Councilman Jones, seconded by Vice Mayor Sessorns, City Council ADOPTED an Ordinance upon application of NAMIR & SAMIR ~I for a Condiaonal use Permit: ORDINANCE UPON APPLICATION OF NAMIR & SAMIR HALABIL FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND AUTOMOBILE REPAIR GARA GE R03951938 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcaaon of Namir & Samir Halabi for a Conditional Use Permit for motor vehicle sales and an automobile repair garage on the north side of Virginia Beach Boulevard, 150 feet more or less west of Dorset Avenue. Satd parcel is located at 5020 Virginia Beach Boulevard and contatns 31,515.66 square feet. BAYSIDE BOROUGH. The following conditions shall be reqmred All auto repatr work on the site wall be exclustvely for cars to be displayed for sale on the premises. Only light auto repairs permitted tn an automobile repatr estabhshment, as defined by Section 111 of the Ctty Zonmg Ordinance wdl be permitted. Category IV landscaping will be ~nstalled along the Eastern limits of the property tn accordance with the landscape ordinance. 3. A stormwater management plan will be required. 4. All repair work must be done inside the building. 5. There will be no outstde storage of auto spare parts. The Ordinance shall be effective in accordance with Secaon 107 09 of the Zoning Ordinance. Adopted by the Council of the Ctty of Virgtma Beach, Virgima, on the Fourteenth of March, Nineteen Hundred and Ninety-Frye. Voting. 11-0 Council Members Votmg Aye John A. Baum, Linwood O. Branch, III, Robert K. Dean, Wilham W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D Moss, Mayor Oberndoff, Nancy K~ Parker. Vice Mayor Wilham D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 14, 1995 - 33 - Item V-L,9 PUBLIC HEARING ITEM # 38945 PLANNING Jeff Knowles, Hoy Construction, General Jackson Drive, represented the applicant Upon motion by Councilman Harrison, seconded by Vice Mayor Sessorns, City Council ADOPTED Application of GREAT NECK BAPTIST CHURCH (TOM CAMPER) for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GRF~T NECK BAPTIST CHURCH (TOM CAMPER) FOR ,4 CONDITIONAL USE PERMIT FOR A CHURCH ADDITION R03951939 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE ClX OF VIRGINIA BEACH, ~RGINIA Ordtnance upon apphcatton of Great Neck Baptist Church (Tom Camper) for a Conditional Use Permit for a church ad&tion at the southeast corner of Rose Hall Drive and General Jackson Drive Said parcel is located at 1020 General Jackson Drive and contains 4.63 acres. L YNNHA VEN BOROUGH. The following conditions shall be required. Prior to site plan approval, the applicant will review development plans, including elevattons, selected building materials, landscaptng the posittoning and design of the B.M.P., with the Design Advisory Group. 2 The "future educattonal wing expanston" is not approved at this time. The Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of March, Nineteen Hundred and Ninety-Five. Voting. 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louts R. Jones, John D Moss, Mayor Oberndo~ Nancy IC Parker, Vice Mayor William D Sessoms, Jr. and Loutsa M. Strayhorn Council Members Voting Nay. None Council Members Absent None March 14, 1995 - 34 - Item V-L, IO PUBLIC HEARING ITEM # 38946 PLANNING Tom McAndrews, 5716 Banneck Road, Phone: 497-1142 Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of ST. GREGORY THE GREAT CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ST. GREGORY THE GRF~T CHURCH FOR A CONDITIONAL USE PERMIT FOR CHURCH ADDITION R03951940 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon application of St. Gregory The Great Church for a Conditional Use Permtt for a church addition on the south side of Virgima Beach Boulevard, west of Clearfield Avenue. Said parcel is located at 5345 Virginia Beach Boulevard and contains 10,895 square feet more or less. BAYSIDE BOROUGH. The following condition shall be required Site improvements shall be in accordance with the submitted development plan entitled "St. Gregory's Catholic Church Addiaonal Classrooms" dated December 27, 1994. The Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the Ctty of girgima Beach, Virginia, on the Fourteenth of March. Nineteen Hundred and Ninety-Five. Voting. 11-0 Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison. Jr., Barbara M Henley, Louts R. Jones, John D. Moss, Mayor Oberndo~ Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Vottng Nay None Council Members Absent: None March 14, 1995 - 35 - Item V-L,11 PUBLIC HEARING PLANNING ITEM # 38947 DonaM Baker, 792 South Military Highway, Phone: 366-0050 Upon motion by Council Lady Strayhorn, seconded by Vice mayor Sessoms, City Council ADOPTED an Ordinance upon application of EASTERN MOBILE HOMES, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EASTERN MOBILE HOMES, INC. FOR A CONDITIONAL USE PERMIT R03951941 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicatton of Eastern Mobile Homes, Inc. for a Con&tional Use Permtt for a new and used mobde home sales at the northeast corner of South Mihtary Highway and Alexandria Avenue. Said parcel is located at 792 South Military Highway and contains 29,915. 7 square feet. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. There will be only one curb cut along Military Highway tn accordance with City standards. A ten-foot landscape buffer will be established along Military Highway and Alexandria Avenue The buffer wdl contain trees and shrubs assoctated with Ctty's display area landscaping requirements. (With regard to Alexandria Avenue, tf there is less than ten feet available, the Planning Department will assure its proper landscapmg ) The Ordinance shall be effective tn accordance with Section 107 09 of the Zoning Or&nance. Adopted by the Councd of the City of Virgima Beach, Virginia, on the Fourteenth of March, Nineteen Hundred and Nineff_-Five. Voting: 11-0 Council Members Voting Aye: John A Baum, Linwood O. Branch, III, Robert 32 Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Oberndorf, Nancy IL Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Councd Members Voting Nay None Council Members Absent: None March 14, 1995 - 36 - Item V-L. 12 PUBLIC HEARING ITEM # 38948 PLANNING Lee LaFleur, 440 South Lynnhaven Road, Phone: 255-2333 Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of LEE LaFLEUR for a Conditional Use Permit: OP~INANCE UPON APPLICATION OF LEE LAFLUER FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT R03951942 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcaaon of Lee LaFleur for a Con&tional Use Permtt for an automobile repmr estabhshment on the east stde of South Lynnhaven Road, 670.53 feet south of St. Albans Common. Said parcel is located at 440 South Lynnhaven Road and contains 31,073 square feet. The following conditions shall be required: . Applicant will petition the Board of Zoning Appeals for a waiver of the Category VI screening requirement If the petition ts approved, a Category IV screening wdl be required. 2. All repair work must be done tnside the building. 3. There wdl be no outstde storage of auto spare parts. Th~s request is for hght automobde repair work as outlined in the definition of an automotive service establishment in Section 111 of the City Zomng Ordinance The Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of V~rginta Beach, Virginia, on the Fourteenth of March, Nineteen Hundred and Ninety-Five. March 14, 1995 - 37 - Item V-L, 12 PUBLIC HEARING ITEM # 38948 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrtson, Jr., Barbara M Henley, Louis R. Jones, John D Moss, Mayor Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Counctl Members Absent: None March 14, 1995 - 38 - Item V-L~13 PUBLIC HEARING ITEM # 38949 PLANNING Roger L. Pope, 152 Majestic Circle, Phone. 490-0672, represented the application Upon motion by Councilman Jones, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of JACOB AMUIAL for a Conditional Use Permit ORDINANCE UPON APPLICATION OF JACOB AMUIAL FOR A CONDITIONAL USE PERMIT FOR A MOTOR VEHICLE SALES R03951943 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicaaon of Jacob Amuial for a Conditional Use Permtt for motor vehtcle sales on the north stde of Virgmta Beach Boulevard, 216 feet east of Northrtdge Road. Said parcels are located at 5172 and 5180 Virginia Beach Boulevard and contain 26,571.6 square feet. BAYSIDE BOROUGH The following conditions shall be required. All of the trees situated along the rear property line should be preserved. Site tmprovement shall be in general conformance with the submitted site development plan entitled "Proposed Automobile Sales at 5172 and 5180 Virginta Beach Boulevard", dated December 29, 1994. However, the B.M.P. should be relocated Southward approximately 10 feet to ensure that the root system of the exisang trees ts not disturbed Landscaping shall be in accordance with the City Zoning Ordinance 4. No outstde speakers will be permitted. The Ordinance shall be effecave in accordance with Section 107 09 of the Zoning Or&nance. Adopted by the Council of the City of Virgima Beach, Virginia, on the Fourteenth of March, Nineteen Hundred and Nine~. -Five March 14, 1995 - 39 - Item V-L.13 PUBLIC HEARING ITEM # 38949 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr, Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor Oberndorf, Nancy K. Parker. Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent' None March 14, 1995 PUBLIC HEARING ITEM # 38950 PLANNING Howard W. Martin, Jr., 1200 NationsBank Center. Norfolk, Phone: 623-3000, represented the applicant Upon motion by Councilman Jones, seconded by Councilman Moss, City Council ADOPTED Ordinances upon application of CONTEL CELLULAR, INC. for Conditional Use Permits: ORDINANCE UPON APPLICATION OF CONTEL CELLULAR, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R03951944 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicatton of Contel Cellular, Inc. for a Conditional Use Permtt for a commumcation tower at the southwest stde of Greenwich Road, east of Newtown Road. Said parcel ts located at 5655 Greenwich Road and contains 6 92 acres BAYSIDE BOROUGH. AND, ORDINANCE UPON APPLICATION OF CONTEL CELLUIAR, INC. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER R03951945 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of Contel Cellular, Inc. for a Conditional Use Permit for a commumcation tower at the southwest corner of Atlantic Avenue and 5th Street. Satd parcel is located at 424 Atlantic Avenue and contains 39,204 square feet. VIRGINIA BEACH BOULEVARD. The following condition shall be required . The requested tower/antennas will be developed in substantial conformance with the submitted site plan entitled "Stte Development Plan for Contel Cellular, Inc. ', dated December, 1994, and rendermg presented to the Planning Commtssion and City Councd on file tn the Department of Planning (In consultation with the Planning Staff, the site plan for the communication tower on Greenwich Road, has been improved. There will be additional camouflage and a better design). These Ordinances shall be effective in accordance with Section 107 09 of the Zontng Ordinance. Adopted by the Counctl of the City of Virginta Beach, Virginia, on the Fourteenth of March., Nineteen Hundred and Ninety-Five. March 14, 1995 - 41 - Item V-L. 14 PUBLIC HEARING ITEM # 38950 (Continued) PLANNING Voting 11-0 Council Members Vottng Aye. John A. Baum, Linwood 0 Branch. III, Robert IL Dean, William W. Harrison, Jr., Barbara M. Henley, Louts R Jones, John D Moss, Mayor Oberndorf, Nancy K Parker, V?ce Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Counctl Members Voting Nay: None Council Members Absent: None March 14, 1995 Item V-L.I$ PUBLIC HEARING ITEM # .18951 PLANNING Attorney Jean Mumm, 4705 Columbus Street, Sr 100, Phone: 499-1841, requested DEFERRAL. Her correspondence dated March 8, 1995, is hereby made a part of the record. Upon motion by Vice Mayor Sessorns, seconded by Councilman Harrison, City Council DEFERRED UNTIL MAY 23, 1995, CITY COUNCIL SESSION Ordinance upon application of D. MURRAY MALBON for Change of Zoning: ORDINANCE UPON APPLICATION OF D. MURRAY MALBON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 to R-5S Ordinance upon apphcation of D. Murray Malbon for a Change of Zoning District Classificatton from A-12 Apartment Dtstrict to R-5S Single Family District on certain property located on the south side of Carver Avenue beginning at a point 307.2 feet west of Birdneck Road. The proposed zoning classtfication change of R-5S is for single family residential land use on lots no less than 5,000 square feet. The Comprehenstve Plan recommends use of this parcel for urban medium low density restdenttal at denstttes that are compatible with multt-famtly use in accordance with other Plan pohctes. Said parcel contains 11,252 square feet. LYNNHA VEN BOROUGH Voting. 11-0 Council Members Voting Aye John A Baum, Ltnwood 0 Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louts R Jones, John D Moss, Mayor Oberndorf,, Nancy I~ Parker, Vice Mayor Willtam D. Sessoms, Jr. and Louisa M Strayhorn Council Members Vottng Nay: None Council Members Absent: None THIS ITEM WAS MOVED FORWARD TO THE BEGINNING OF THE PLANNING ITEMS. March 14, 1995 - 43 - Item V-L. 15 PUBLIC HEARING ITEM # 38951 PLANNING Upon motion by Council Lady Parker, seconded by Vice Mayor Sessoms, City Council REFERRED BACK TO THE PLANNING COMMISSION Or&nance to AMEND and REORDAIN Appendtx E, Sections 1.2 and 1.4 of the Tree Planting, Preservation and Replacement Ordinance of the Ctty of Virginia Beach re residential and street trees and bonding requirements. Council Lady Parker referenced her correspondence of March 10, 1995, reiterating her concerns and the letter of the Virginia Beach Beautification Commtssion expressing their concerns Voting: 11-0 Council Members Voting Aye. John A Baum, L~nwood O. Branch, III, Robert K Dean, William W. Harrison, Jr, Barbara M. Henley, Louis R Jones, John D Moss, Mayor Oberndorf, Nancy K. Parker, Vice Mayor Wilham D Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay. None Council Members Absent. None March 14, 1995 Item V-M. 1. APPOINTMENTS ITEM # 38952 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD Jeffrey J. Beaton (No Term) Voting: 11-0 Council Members Voting Aye John A Baum, Linwood 0 Branch, III, Robert K. Dean, I4qlliam W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D Moss, Mayor Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay. None Counctl Members Absent. None March 14, 1995 Item V-N. 1. NEW BUSINESS ITEM # 38953 ADD ON Attorney John Richardson, represented the applicant Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council SCHEDULED FOR APRIL 11, 1995 CITY COUNCIL SESSION: RECONSIDERATION of the Application of JOHN E. HAWKINS for Variances to the Subdtvtsion Ordinance on Stte 14, Little Haven (3009 Little Haven Road) DENIED by City Council February 14, 1995 (L YNNHA VEN BOROUGH) The apphcant shall pay the costs of advertising Voting. 11-0 Council Members Voting Aye. John A Baum, Linwood O. Branch, III, Robert K Dean, W~lliam W. Harrtson, Jr., Barbara M Henley, Louis R Jones, John D. Moss, Mayor Oberndo~ Nancy K Parker, Vice Mayor William D Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent. None March 14, 1995 Item V-N. 2. NEW BUSINESS ITEM it 38954 ADD ON Councilman Moss referenced his correspondence to the Chair and Members of the Virginia Beach City School Board concerning the acqutsition of "Celebration Station." Copy of this letter has been forwarded to City Council. Councilman Moss spoke with Patricia Phillips, D~rector of Finance, relatlve this issue and funds expended on the Kemps Landing School. Over $300,000 has been expended on the Kemps Landing School for purposes not officially identified or adopted by the School Board. Councilman Moss requested Mrs. Phillips provide the City Council with an accounting of the funds expended. Councilman Moss strongly advised the City Council reconsider the block grant funding for broad categories and return to a more discrete appropriation of CIP projects March 14, 1995 - 47 - Item V-O. 1. ADJOURNMENT ITEM # .18955 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:40 P.M. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E Oberndorf Mayor City of Virginia Beach Virginia March 14, 1995 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 S H B T A E S R DATE March 14, 1995 B R H R P E A PAGE I R R E J N A S Y B A D I N O M D R S H A N E S L N O O K O O AGENDA U C A O E E S R E M R ITEM # SUBJECT MOTION VOTE M H N N Y S S F R S N I AGENDA REVIEW A REVIEW OF AGENDA ITEMS B CITY COUNCIL CONCERNS II/A BRIEFING Carl Thoren, PE Beach Mgmt HURRICANE PROTECTION Engineer III/A MIAMI PROMOTIONAL VIDEO IV/V/E CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 Y Y Y Y Y Y A Y Y Y Y SESSION B S T A I N E D F/1 MINUTES March 7, 1995 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y B S E N T G ADOPT AGENDA ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y H CONSENT AGENDA Not Apphcable I PUBLIC HEARING - ADMINISTRATIVE No Speakers ELECTION DISTRICTS/VOTING PLACES J/1 Ordinance to AMEND Secbon 10-1 of the ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Code re Election Districts/Voting Places 2 Ordinance to AMEND Secbon 2-20 of the ADOPTED, AS 7-4 Y Y N Y Y Y N N N Y Y Code re time/place of regular meetings REVISED of C~ty Counml 3/a Ordinances to author~.e temporary encroachments: Porbon of Lake Joyce to George C. ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Lyon, JrJJoyc® P. Lyon re construcbng/ma~ntammg bulkhsed/pler at 4457 Black Beard Road (BAYSIDE BOROUGH) b Porbon of C~ty's r-o-w of Pnncess Anne ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Road to Donald L. Sanders re ma~nta~mng brick pillars at 2186 Pnncess Anne Road (PRINCESS ANNE BOROUGH) 4 Tax Refunds $9,830.68. APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 5 License Refunds $5,807.07 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y K/1 Resolubons VDOT requesting payment ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y re streets for Urban Maintenance Payments: a Add~honal streets b Correchon for ~naccurac~es 2 House B~II 1593 Council 6-5 N N Y N N Y Y Y Y N Y Supports HB 1593 L/1 PLANNING BY CONSENT Not Apphcable CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 S H B T A E S R DATE: March 14, 1995 B R H R P E A PAGE 2 R R E J N A S Y B A D I N O M D R S H A N E S L N O O K O O AGENDA U C A O E E S R E M R ITEM # SUBJECT MOTION VOTE M H N N Y S S F R S N I 2 MODIFY CONDITION NUMBER FOUR In DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y February 11, 1992 Apphcatlon of SOL W. 3/28/95 COHEN for Closure of portion of Croatan Road at General Booth Boulevard (LYNNHAVEN BOROUGH) 3 MODIFY PROFFERS in January 8, 1991 ALLOWED 10-0 Y Y Y Y Y Y Y Y Y A Y Apphcabon of STERLING WJBONNIE J. WITHDRAWAL B THACKER Cond~bonal CO;~ from AG-2 S to B-2 at 3756 Indian River Road T (KEMPSVILLE BOROUGH) A I N E D 4 September 28, 1993 Apphcatlon of R.H. Demed 11-0 Y Y Y Y Y Y Y Y Y Y Y Rose for a COZ from I-I to I-2 at Sykes extension of Avenue for CARTER/DICK ROSE time to comply MATERIALS(LYNNHAVEN BOROUGH) with condlbons 5/a DOUGLAS B. MUNDEN at Muddy Creek Road/Drum Point Road (PUNGO BOROUGH) Vanance to Section 4 4(b) of Subdlwslon ALLOWED 10-0 Y Y Y Y Y Y Y Y Y Y A Ordinance that all lots created meet CZO WITHDRAWAL B S E N T b CUP 20 Slngle-famdy dwelhngs ~n DENIED 10-0 Y Y Y Y Y Y Y Y Y Y A AG- 1/AG-2 B S E N T 6 OCEANA SALVAGE INC. enlarqement of DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y nonconforming use at 1040 Oceana 3/28/95 6 PM Boulevard (PRINCESS ANNE BOROUGH) 7 SAMIR HALABI/WlTCHDUCK MOTOR APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CO., extension of a nonconforming use CONDITIONED at 220/234 North W~tchduck Road (BAYSIDE BOROUGH) 8 NAMIR & SAMIR HALABI CUP Motor APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y vehicle sales/auto repmr qaraqe at 5020 CONDITIONED Virgmm Beach Boulevard (BAYSlDE BOROUGH) 9 GREAT NECK BAPTIST CHURCH (TOM APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CAMPER) CUP Church addition at 1020 CONDITIONED General Jackson Drive (LYNNHAVEN BOROUGH) 10 ST. GREGORY THE GREAT CHURCH APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CUP Church addition at 5345 Virg~nm CONDITIONED Beach Boulevard (BAYSIDE BOROUGH) 11 EASTERN MOBILE HOMES, INC. CUP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y New/used mobile home .~ales at 792 CONDITIONED South Md~tary Highway (KEMPSVILLE BOROUGH) 12 LEE LeFLEUR CUP Auto repmr at 440 APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y South Lynnhaven Road (LYNNHAVEN CONDITIONED BOROUGH) 13 JACOB AMUlAL CUP Motor vehicle APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y sales, at 5172/5180 V~rg~ma Beach CONDITIONED Boulevard (BAYSIDE BOROUGH) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS 0 S H B T A E S R DATE March 14, 1995 B R H R P E A PAGE 3 R R E J N A S Y B A D I N O M D R S H A N E S L N O O K O O AGENDA U C A O E E S R E M R ITEM # SUBJECT MOTION VOTE M H N N Y S S F R S N 14 CONTEL CELLULAR, INC CUP APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Communlcabon towers at CONDITIONED a 5655 Greenwich Road (BAYSlDE BOROUGH) b 424 Atlanbc Avenue (VIRGINIA BEACH BOROUGH) 15 D. MURRAY MALBON CUP CO;[ from DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y A-12 to R-5S on Carver 5/23/95 6 PM Avenue/B~rdneck Road (LYNNHAVEN BOROUGH) 16 Ordinance to AMEND Appendix E, REFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Secbons I 2/1 4 of the Tree PLANNING Planting/Preservation/Replacement COM M ISSI ON Ordinance re residential street (Beaut~hcabon trees/bonding requirements Commission to relay their concerns to Planning Commission) M APPOINTMENT SOUTHEASTERN HAMPTON ROADS APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y DISABIMTY SERVICES BOARD Jeffrey J Beaton (No Term) N/O/P ADJOURNMENT 5 40 PM JOINT MEETING WITH PLANNING COMMISSION TUESDAY, MARCH 21, 1995 CITY COUNCIL CONFERENCE ROOM BUDGET/C I P REVIEW SCHEDULE BUDGET/C I P Tuesday March 28 6 PM PRESENTATION WORKSHOP Tuesday Apnl 04 9 AM - 11 AM WORKSHOP Tuesday Apnl 11 9 AM - 11 AM WORKSHOP Tuesday April 18 4 PM - 6 PM PUBLIC HEARING Thursday Apnl 20 7 PM WORKSHOP Tuesday April 25 2 PM - 4 PM PUBLIC HEARING Tuesday May 02 3 PM FINAL WORKSHOP Thursday May 04 9 AM -11 AM BUDGET/C I P Tuesday May 09 2 PM ADOPTION Counml Chamber Council Conference Room Counml Conference Room Council Conference Room Larkspur M~ddle School Council Conference Room Council Chamber Council Conference Room Council Chamber