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HomeMy WebLinkAboutJUNE 25, 1990 MINUTESCity o£ Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At Large VICE MAYOR ROBERT E. FENTRESS, Virginia Beach Borough AI.BERT W. BALKO, Lynnhaven Borough JOHN A. BAUM, Blackwate* Borough HAROLD HEISCHOBER, At Large BARBARA M. HENLEY, Pungo Borough REBA S. McCLANAN, Princess Anne Borough JOHN D. MOSS, Kempsville Borough NANCY K. PARKER, At Large JOHN L. PERRY, Bayside Borough WILLIAM D. SESSOMS, JR., At Large AUBREY V. WATTS, JR., City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMC/AAE, City Clerk CITY COUNCIL AGENDA JUNE 25, 1990 281 CiTY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9005 1804) 427-4303 ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room - 2:45 PM A. DEVELOPMENT AUTHORITY Van H. Cunningham, Chairman ITEM I I · CITY HANAGER'S BRIEFINGS - Conference Room - 3:00 PM A. HISTORIC PRESERVATION UPDATE Patricia Phillips, Director, Research and Strategic Analysis B. HONELESSNESS STRATEGIC INITIATIVE Maryann I. Ustlck, Director, Housing and Neighborhood Preservation C. ARBITRAGE CALCULATION SERVICES Giles G. Dodd, Assistant City Manager for Administration ITEM II1o CITY COUNCIL CONCERNS - Conference Room - 4:00 PM ITEM IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF COUNCIL C. NOTION TO RECESS INTO EXECUTIVE SESSION ITEM V. D I N N E R - Conference Room - 5:15 PM ITEM VI. FORMAL SESSION - Council Chamber - 6:00 PM A. INVOCATION: Bishop Darryl Harding Church of Jesus Christ of Latter Day Saints B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. INFORMAL & FORMAL SESSIONS - June 18, 1990 Ordinance to AMEND and REORDAIN Section 21-341 of the Code of the City of Virginia Beach, Virginia, pertaining to forfeiture of right to drive. Ordinance approving the survey for Corporate Landing; and, directing that the survey and a certified copy of this ordinance be recorded with the office of the Clerk of the Circuit Court. Ordinance approving the design crlteria for Corporate Landing, directing that a copy of the design criteria be filed with the City Clerk, and directing that certified copies of this ordinance be filed with the City Clerk and the office of the Clerk of the Circuit Court Ordinance to authorize acquisition of property in fee simple for right of way for Mill Dam Bridge (CIP 2-042) and the acquisition of temporary and permanent easements of right of way, either by agreement or condemnation. Ordinance to authorize acquisition of property in fee simple for right of way for Pungo Ferry Road (CIP 2-036) and the acquisition of temporary and permanent easements of right of way, either by agreement or condemnation. ® Ordinances, upon SECOND READ INO: a. To APPROPRIATE $107,000 from the General Fund acquire property for the Little Neck Flre Station· Balance to be To APPROPRIATE $34,996 to the Commonwealth's Attorney's Office for an additional Attorney I position to be funded by a $29,582 Increase in estimated revenues. To APPROPRIATE $128,218 to fund seven additional permanent positions and data processing equipment in the Sherlff's Offlce. de To APPROPRIATE $408,676 to cover addltional operating costs and the purchase of data processing equlpment for the Sheriff's Office to be offset by an increase in estimated revenues. To APPROPRIATE $119,996 to the FY 1990-1991 Budget of the Office of Community Corrections with a corresponding increase in estimated revenues. To APPROPRIATE $107,016 from a State Grant and $7,706 as Match from other cities to purchase Regional Communlcatlons Equipment in the FY 1989-90 Budget of the Police Department. To APPROPRIATE a $9,959 Orant from the State to the FY 1990- 1991 Operating Budget of the Police Department to fund a Child Abuse-Juvenlle Delinquency Study· he To APPROPRIATE $40,000 from the Pendleton Child Service Fund FY 1990-1991 Balance to the Pendleton Child Service Center re funding for a City Nurse position. To ACCEPT and APPROPRIATE $13,571 from the Virginia Department of Housing and Community Development re Emergency Home Repair Program. 9. Ordinances, upon FIRST READING, to APPROPRIATE: a. $3,853,000 for the Fiscal Year 1990-1991 School Textbook Rental Fund Budget. b. $9,960,644 for the City of Virglnla Beach School Programs funded by Special Categorical Grants for School Year 1990-1991 c. $317,700 for the Enterprise Budget Fiscal Year 1990-1991 School Athletic d. A grant of $15,000 for the Fire Tralnlng Program for the yirginia Beach Fire Department. 10. Ordinance to transfer $25,000 from the Economic Development Investment Program to the Operating Budget for the Biotechnlcal Incubator Program. 11. Ordinance appointing viewers in the application of the City of Vlrglnla Beach for the closure, (Virginia Beach Borough) of a portion of Old Virginia Beach Road. 12. Ordinance authorizing license refunds in the amount of $5,767.72. 13. Resolutlon to charge-off $289,382.75 of accounts receivable as uncollectible accounts. J. PUBLIC HEARING 1. PLANNING a. Ordinances for discontinuance, closure and abandonment: 1. VINTAGE INVESTMENT CORPORATION (VIRGINIA BEACH BOROUGH): A portion of Cypress Road beginning at the Southern boundary of 21st Street and running Southeasterly a distance of 287.06 feet, containing 8371.84 square feet; AND, THE RUNNYMEDE CORPORATION (LYNNHAVEN BOROUGH): A portion of Race Street beginning at the Northern boundary of South Boulevard and running Northerly a distance of 940 feet more or less; AND, A portion of Fourth Street beglnning at the Eastern boundary of Poplar Street and running Easterly a distance of 420 feet. Total: 1.86 acres. DEFERRED December 18, 1989, for compliance. Recommendation: FINAL APPROVAL Petition of HARRY SANDLER for the discontinuance~ closure and abandonment of a portion of Jetty Street beginning at Southern boundary of Shore Drive and running in a Southerly a distance of 330.64 feet more or less, containing 18,687 square feet. (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Applications of E & W DEVELOPMENT CORPORATION for Variances to the Subdivision Ordinance (LYNNHAVEN BOROUGH): Section 4.4(b) which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance at the Northwestern extremities of proposed Litchfield Road and Kline Drive; AND, Section 4.1(m) which requires that rights-of-way for residential areas have a minimum width of 50 feet and a minimum pavement surface of 30 feet; and, Section 5.5(a) which requires the installation of curbs and gutters along all public roadways on the West side of Harris Road at the Western extremity of Kline Drive. Recommendation: APPROVAL de Application of MURRAY G. and JEANNE D. YEATES for 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 at the Northeastern extremity of Herons Gate (3060 Yeates Lane) (LYNNHAVEN BOROUGH). Recommendation: APPROVAL f® Application of LANDS END ASSOCIATES for a Modification to the Land Use Plan for Ocean Lakes to allow 64 single family detached dwellin~s on the South side of Bold Ruler Drive, 130 feet more or less East of Unicorn Drive, containing 11.111 acres (PRINCESS ANNE BOROUGH). DEFERRED April 23, 1990; AND, ® Application of JOSEPH HOUSKA for a Variance to Section 4.1(m) of the Subdivision Ordinance which requires that rights-of-way for residential areas have a minimum width of 50 feet and a minimum pavement surface of 30 feet on the South side of Bold Ruler Road, East of Unicorn Drive (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of NEIGHBORHOOD ASSEMBLY OF GOD for a Conditional Use Permit for a church and related facilities on the East side of Princess Anne Road beginning at a point 2600 feet more or less South of Vaughan Road, containing 11.649 acres (PUNGO BOROUGH)· Recommendation: APPROVAL Application of CHARLES A. KOVACS III for a Conditional Use Permit for a single family dwellin~ in the AG-1 A~ricultural District 3400 feet more or less North of Hungarian Road beginning at a point 650 feet more or less East of the Virginia Beach-Chesapeake City Line (3460 Hungarian Road), containing 21.754 acres (BLACKWATER BOROUGH). Recommendation: APPROVAL he Application of PHILLIPS OLDSMOBILE, INC. for a Conditional Use Permit for automobile storage~ repair and preparation buildings on the South side of Cleveland Street beginning at a point 290 feet East of Opal Avenue, containing 3 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL Application of GIFT OF LIFE CHURCH C.O.G.I.C. for a Conditional Use Permit for a church and related facilities on the West side of Seaboard Road, 1584 feet more or less North of Princess Anne Road (2329 Seaboard Road), containing 2.95 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of WESLEY W. JOHNSON, Trustee for NIMMO CHURCH for a Conditional Use Permit for a church addition on the North side of Princess Anne Road 299.37 feet East of the intersection of Princess Anne Road and General Booth Boulevard (2250 Princess Anne Road), containing 8.319 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Application of HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INC. for a Conditional Use Permit for a bingo hall on the South side of Virginia Beach Boulevard, East of South Plaza Trail (3333 Virginia Beach Boulevard), containing 15,000 square feet more or less LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of VICTORY INDEPENDENT BAPTIST CHURCH OF VIRGINIA BEACH for a Conditional Use Permit for a private school (Christian Day School) on the South side of Providence Road, 41.5 feet East of Indian Lakes Boulevard (1001 Indian Lakes Boulevard), containing 4.5 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL me Application of BOOTH HILL JOINT VENTURE for a Conditional Use Permit for a bulk storage yard (recreational vehicles) on the West side of General Booth Boulevard, 1150 feet more or less North of Dam Neck Road (1489 General Booth Boulevard), containing 8 acres (PRINCESS ANNE BOROUGH). Recommendation: DENIAL n. Applicatlons of VIRGINIA MOUNTAIN HOUSING, INC. for: Change of Zoning District Classification from B-2 Community Business District to A-18 Apartment District on the n~rth side of Virginia Beach Boulevard, 300 feet east of Byrd Lane (2420 Virginia Beach Boulevard), containing 1.5 acres (LYNNHAVEN BOROUGH). AND, Conditional Use Permit for a group home on the north side of Virginia Beach Boulevard, 300 feet east of Byrd Lane (2420 Virginia Beach Boulevard) containing 1.5 acres (LYNNHAVEN BOROUGH). Recommendation: DENIAL K. UNFINISHED BUSINESS L. NEW BUSINESS Reconsideration of Amendments to Section 5.5 of the Subdivision Ordinance pertaining to covenants concerning the cost of curb and gutter (Adopted: June 11, 1990) M. ADJOURNMENT PUBLIC HEARING July 2, 1990 9:00 AM Vlrginla Beach School Board Appointment Unexpired (AT LARGE) Term Ending December 31, 1990 CITY COUNCIL RECESS JULY 10 - 31, 1990 6/21/90 Igs MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virglnla June 25, 1990 The DEVELOPMENT AUTHORITY BRIEFING was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, June 25, 1990 at 2:45 P.M. Council Members Present: Vice Mayor Robert E. Fentress, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Albert W. Balko John A. Baum Harold Heischober Barbara M. Henley Reba S. McClanan John L. Perry William D. Sessoms, Jr. (Virginia Beach General Hospital) (ENTERED: 3:42 P.M.) (ENTERED: 3:07 P.M.) (ENTERED: 2:50 P.M.) (ENTERED: 3:13 P.M.) (ENTERED: 6:45 P.M.) (FORMAL SESSION) (ENTERED: 2:52 P.M.) CITY - 2- COUNCIL CONFERENCE DEVELOPMENT AUTHORITY 2:45 P.M. ITEM # 33029 SESSION Van Cunningham, Chairman - DEVELOPMENT AUTHORITY, advised Corporate Landing is an innovative new business center and one of five office parks developed by the City of Virginia Beach Development Authority. Corporate Landing is ahead of schedule. Chairman Cunningham expressed appreciation for the cooperation, support and outstanding relationship with the Department of Economic Development. The Chairman stressed the need to landbank in the future to insure the growth of the City in an orderly manner. Chairman Cunningham distributed a report containing attendance records with regard to the Development Authority, a Corporate Landing Fact Sheet and a Schedule of Land Sales. Said report is hereby made a part of the record. Mayor Oberndorf expressed concern relative the presentation "FORWARD HAMPTON ROADS". There was no real emphasis on Virginia Beach as a legitimate "first class" City, the largest in the Commonwealth, with superior office and corporate parks and outstanding industrial opportunity. Chairman Cunningham advised this video is being redone, and Economic Development Director Andrew Burke assured the City Council he would have proper input into the production of this new video which should be completed within the next six months. The Chairman expressed appreciation to Vice Mayor Fentress and Councilman Moss for their service as Liaisons to the DEVELOPMENT AUTHORITY. June 25, 1990 -3- CITY MANAGER'S BRIEFING HISTORIC PRESERVATION UPDATE 3:00 P.M. ITEM # 33030 Patricia Phillips, Director - Research and Strategic Analysis presented information relative the HISTORIC PRESERVATION UPDATE. Mrs. Phillips distributed a copy of the report, which is hereby made a part of the record. The reports offers information relative existing historic preservation tools, examples of historic preservation programs in other Virginia cities and options for an historic preservation program in Virginia Beach. Mrs. Phillips expressed appreciation to Maggie Danshaw, Arts and Humanities Specialist, for her assistance with historic preservation. Mrs. Danshaw is leaving the City to return to graduate school at the College of William and Mary. Preservation easements are available. There are not many properties in Virginia Beach which have utilized this benefit. Mrs. Phillips advised the following objectives for the next fiscal year: Completion of the historic inventory Development of an Historic Structures System. Documentation of existing resources. Public Education Program Mapping Future consideration should be given to the following options: Hiring a Full-time Preservation Coordinator Establish a Virginia Beach Landmarks Register Establish a Revolving Preservation Fund Obtain Certified Local Government Status There is no fulltime staff on this project. The establishment of a Virginia Beach LandmArk Register, which would be in addition to the State Register, has been suggested. This would entail some recognition of the older structures (documentation, plaque, information card). A Preservation Fund has been discussed to assist in the preservation and renovation of properties. Certain State criteria must be met before receiving Certified Local Government status. This criteria entails: 1. The adoption of a local preservation ordinance containing criteria and procedures for the establishment of historic districts 2. Review by a Historic Review Board of all exterior alterations, relocations and new construction within historic districts and inclusion of professional membership on the Historic Review Board. 3. Continued maintenance of a system for survey of historic and cultural resources which is coordinated with that of the State Division of Historic Landmarks. 4. Provision for adequate public participation in the local historic preservation program. 5. Satisfactory performance of the responsibilities delegated. June 25, 1990 -4 - C ! TY NANAGER' S BR I EF I NG H I STOR I C PRESERYAT I ON UPDATE ITEM ~/ 33030 (Continued) Preservation in Virginia is generally the responsibility of the property owner. The way the City could serve the citizens best is to provide information to the property owner on how preservation issues might be handled. If the City Preservation Coordinator were to deem any property a candidate for a historic easement, the property owner would be accorded some sort of service or financial incentive for preservation. The City Manager will compile a WORK PLAN for the coming year concerning Hlstorlc Preservation and SCHEDULE a Briefing for City Council. June 25, 1990 -5- CITY MANAGER'S BRIEFING HOMELESS STRATEGIC INITIATIVE 3:15 P.M. ITEM # 33031 Maryann Ustick, Director of the Department of Housing and Community Preservation, referenced the applications of VIRGINIA MOUNTAIN HOUSING, INC. for: Change of Zoning District Classification from B-2 Community Business District to A-18 Apartment District on the north side of Virginia Beach Boulevard, 300 feet east of Byrd Lane (2420 Virginia Beach Boulevard), containing 1.5 acres (LYNNHAVEN BOROUGH). AND, Conditional Use Permit for a group home on the north side of Virginia Beach Boulevard, 300 feet east of Byrd Lane (2420 Virginia Beach Boulevard) containing 1.5 acres (LYNNHAVEN BOROUGH). (See Item VI-J.l.n of the PLANNING AGENDA). Mrs. Ustick provided information relative this Single Room Occupancy (SRO) project. Several years go the Virginia Beach Coalition on the Homeless established a Committee to locate a site for a permanent shelter in Virginia Beach. Congressman Pickett's assistance was initiated. Congressman Pickett suggested the Bridge Commerce Site as a possible location. The site was investigated and proved too large to just be a shelter. A new Single Room Occupancy HUD moderate rehabilitation program has been established. The project located in Newport, Rhode Island, was investigated. Newport had converted an old YMCA building in their downtown section to single room occupancy apartments for homeless individuals and combined various shelter programs in one building. Housing and Neighborhood Preservation was most impressed with this project and concept. In December 1989, Ethics Mortgage Corporation, the lien holder on the property, contacted the Department and indicated their interest in the project and that were willing to negotiate their price, which had been the main impediment. The Department was working with VIRGINIA MOUNTAIN HOUSING, INC. which is a State wide Housing Development Corporation, in the process of acquiring and rehabilitating Friendship Village Apartments. The Department was working with them to provide some state wide rehabilitation funds for Friendship Village. In the course of negotiations, the Department requested Virginia Mountain Housing conduct a study relative the feasibility of this project to the SRO concept. It was determined to be feasible at an acquisition price of approximately $9OO,OOO. An SRO is permanent rental housing for very low income, single individuals. This is a cross between a congregate living facility and an independent living facility. The residents are capable of semi-independent living. An SRO (Single Resident Occupancy) of private efficiency rental units with critical support services which promote a sense of community caring and mutual support. The City's Human Services Strategic Plan lists two critical strategies with respect to the homeless: Develop programs and permanent housing resources which will enable the homeless to return to a more stable life style. Assist non-profit organizations in obtaining various Federal and State Funds for housing the homeless. The current strategy for dealing with the homeless is to provide a continuum of housing and services which enable individuals to achieve stability and self- sufficiency. An SRO cannot be utilized for families. It is specifically designed to deal with the problems of homeless individuals. Three hundred seventy-eight people came to the winter shelter program last year. Support services is the element essential to all successful homeless programs. Housing enables homeless persons to have a stable environment, but the support services enables them to achieve self-sufficiency. The Bridge Center is strategically named and somewhat symbolic, as there is to be a "bridge" between the homeless and independence. June 25, 1990 -6- CITY MANAGER' S BRIEFING HOMELESS STRATEGIC INITIATIVE ITEM # 33031 (Continued) The Housing and Neighborhood Preservation will assist in applying for the HUD Section 8 SRO Moderate Rehabilitation Funds; however VHDA will actually submit the application on behalf of the City's Department as only a housing authority can apply. VIRGINIA MOUNTAIN HOUSING will actually sponsor and own the project. The City will have no liability, either financially or otherwise, with respect to this project. The proposed site is currently zoned B-2 which does not allow a "group home" as a conditional use. Consequently, an application had to be made not only for a Conditional Use, but for a zoning that would allow a group home. The Bridge Center is in Noise Zone 3 of Oceana and the Navy objected to residential zoning. Since there is an existing building, HUD will not deny funding. After many long meetings and discussions of alternatives, it was determined that AG-2 was the only zoning that would allow a Conditional Use for a group home and to which the Navy would not object. The Virginia Beach Boulevard site, which was initially referred by Congressman Pickett, was selected for its central location to oceanfront jobs and the City's Human Services. It is directly on the bus line and compatible with the surrounding uses. The Department requested VIRGINIA MOUNTAIN HOUSING include in their application a space for a shelter. Since this was a large building and could accommodate apartments, approximately 5,000 to 6,000 square feet could be set aside for the City to lease and this would be utilized for a shelter operation. Approximately 30 to 40 homeless individuals will be served at the shelter at any one point in time. Due to complaints on the day shelter raised at the Planing Commission Hearing, VIRGINIA MOUNTAIN HOUSING, INC. is willing to delete the shelter from the proposed project. SRO is a critical part of our homeless strategy and does not just provide temporary shelter for homeless individuals. It helps move them toward self-sufficiency and into the mainstream. There is a difference between residents of an SRO and clients of a shelter. SRO residents are screened based on eligibility criteria and preferences that can be developed locally. Essentially a shelter takes everyone who has a need and comes to the door. The Winter Shelter Program was operated in this area from January 16, 1990 to April 12, 1990. Mrs. Ustick did not believe the day shelter had any impact on the crime rate in the area and distributed a Police Offense Reports Analysis. Said analysis is hereby made a part of the record. The clients of the SRO would be vulnerable, not criminal. They are motivated and need space and a secure environment, which they can afford, to take the critical first step towards self-sufficiency. Lloyd B. Wilson, Director of multi-family housing for VIRGINIA MOUNTAIN HOUSING, a 501 C-3 tax exempt charity advised the purpose is to provide low income housing to individuals in need of safe, decent affordable places to live. VIRGINIA MOUNTAIN HOUSING received the Governor's Achievement Award in 1988 for its endeavors on behalf of low income housing. The financing proposed for the project is a private/public partnership. Private financing would be provided conventionally and the public portion would come from the housing partnership fund. The acquisition costs is well below the appraised and assessed value of the site and the rehab cost is well below the Section 8 Moderate Rehabilitation limits. The rehab cost is estimated at approximately $13,000 per unit. A police check shall be required of the proposed tenant, as well as a thirty day trial period. Mr. Wilson advised Charles Ansell is the architect of the project as well as a Member of the Board of Directors. June 25, 1990 - 7- CITY MANAGER' S BRIEFING ARBITRAGE CALCULATION SERVICES 3:55 P.M. ITEM # 33032 Giles Dodd, Assistant City Manager for Administration, chronology of events which have occurred in relation commencing with the Tax Reform of 1986: depicted to the a brief Arbitrage Requires rebate to Federal Government all excess earning on invested bond proceeds. Rebate required by end of Fifth Year. If bond proceeds not fully expended after 36 months, issuers are required to restrict the yield on bond proceeds. Mr. Dodd advised the Debt Issues by the City of Virginia Beach After Enactment of Tax Reform Act of 1986 and before Issuance of IRS Regulations. Closing Rebate Proceeds Issues Size Date Due Invested by (a) Bonds - Series 1987 $46,000,000 06-03-87 06-03-87 City Treasurer (b) COPs - Series 1987 7,080,000 10-13-87 10-13-92 Trustee (c) Bonds - Series 1988A 40,950,000 05-11-88 05-11-93 City Treasurer (d) Bonds - Series 1988B 2,000,000 05-11-88 05-11-93 City Treasurer In May 1989, the IRS issued only a partial list of regulations on rebates. On September 11, 1989, City Council APPROVED the 1989 Bond Issues and participation in the State Non Arbitrage Program (SNAP). Mr. Dodd advised the following debt issues by the City of Virginia Beach after the regulation issued in May 1989: Closing Rebate Proceeds Issues Size Date Due Invested by (a) Bonds - Series 1989A $40,210,000 10-12-89 10-12-94 SNAP (b) Bonds - Series 1989B 2,000,000 10-12-89 10-12-94 SNAP (c) Bonds - Series 1990A 40,000,000 06-12-90~ 06-12-95 SNAP Congress enacted the 1989 Amendments to the Tax Reform Act of 1986 for Bond Issues after December 28, 1989: Provides a schedule for expenditure of bond proceeds 10% - 6 months 45% - 12 months 75% - 18 months 95% - 24 months 100% - 36 months (5% for retainage only) Issuers must select an option at time of issue: Arbitrage Rebate: No rebate required if schedule is followed. If not followed - rebate applies from closing date on bond issues. June 25, 1990 -8 - C I TY NANAOER' S BR I EF I NG ARBITRAGE CALCULATION SER¥1CES 3:55 P.M. ITEM ~ 33032 (Continued) Penalty Option: No penalty if schedule is followed. If not followed, 1.5% penalty on amount by which each 6 month period is missed. Penalty must be paid within 90 days after each 6 month period. Mr. Dodd advised on June 13, 1990, the City received the FINAL DRAFT of Peat Marwick's Management Letter dated January 18, 1990, relating to Arbitrage and other matters from the June 30, 1989 Audit. The firm estimated the City will owe over $500,000 in rebatable Interest as of December 31, 1989. The firm advised the City was in the process of trying to determine the amount and encourage the assignment of sufficient Finance Department resources to this project in order to determine the steps which might be taken in the future to minimize rebates. Mr. Dodd advised the steps the City is taking to better comply with Arbitrage Rebate Regulations and minimize rebate: Recommend investing remaining balances on 1987 and 1988 issues with SNAP. In future issues, select PILOR option rather than rebate. Time bond issues to take advantage of expenditure schedules. June 25, 1990 -9 - MAYOR ~ S CONCERNS ITEM ~ 33033 Mayor Oberndorf advised the SCHOOL BOARD PUBLIC HEARING INTERVIEWS will commence July Second at 9:00 A.M. As of today, June 25, 1990, there are nineteen (19) potential candidates scheduled for each ten minutes. All candidates shall be granted their right to speak. The INFORMAL SESSION will be waived, if time does not permit. ITEM # 33034 Mayor Oberndorf advised receipt of a letter from Larry W. Shelton regretting his inability to serve on the VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION and tendering his resignation effective 30 June 1990. ITEM ~ 33035 Mayor Oberndorf referenced the visit of Mayor Bjorn Barang and his delegation with MOSS SKOLEMUSIKKORPS, a lO0-piece Norwegian Band from Moss, Norway (Virginia Beach's Sister City). The ceremony at the Norweigan Lady on Saturday, June 23, 1990, was magnificent. The Ambassador of Norway, a charming, articulate gentleman honored the City by his presence. Mayor Bjorn Barang presented the Mayor with the City Flag of Moss, Norway and Mayor Oberndorf requested this flag be flown on Moss's National Day of Recognition as well as the Memorial SCHEDULED yearly at the Norweigan Lady. Mayor Oberndorf expressed appreciation to Katharine Griggs, President of the MOSS-VIRGINIA BEACH SISTER CITY ASSOCIATION, and all the individual citizens involved who participated with warmth and hospitality to house the entire 86- member delegation. Councilman Sessoms and his family sheltered two of the children. Mayor Oberndorf expressed regret that no mention was made in the media of this historical visit by Virginia Beach's Sister City (MOSS, NORWAY). June 25, 1990 CITY - 10- COUNC I L CONCERNS ITEM # 33036 Councilman Moss advised during the City Council Session of June Eighteenth, he had requested the City Real Estate Assessor, Jerald Banagan, to identify the reduction on residential property assessments to-date. Councilman Moss has also requested reductions in other commercial properties' assessments as those reductions at the oceanfront have been previously provided. Mr. Banagan advised in his letter of June Twenty-fifth, the reductions to-date on 139 properties had totaled $2,793,628. The revenue reduction impact of this is not as significant as the oceanfront properties, but it is first phase of a trend of other people filing for reductions and a further flattening if not negative real and nominal growth of real estate assessments of the next year. The City Council should not have to actively solicit this type of information, it should be forthcoming as a matter of course. Mayor Oberndorf requested this information relative reassessments be provided by Jerald Banagan, Real Estate Assessor, to all Members of City Council. ITEM ~ 33037 Councilman Moss referenced the issue of acquiring a Fixed Wlng Aircraft (a new turbine helicopter) for the Police Department. Information was provided City Council relative the expenditure and the priority of this expenditure as same was not an item programmed in the Budget. Councilwoman Parker advised further said Memorandum noted that included in the ordinance for the helicopter purchase, Council had been provided the opportunity to further hold harmless the General Fund by directing all remaining balances in the DEA account, including forthcoming receipts, toward the acquisition of the communications tower equipment for the resort area. The City Manager stated lease-purchase would give City Council the greatest flexibility with regard to the acquisition of the communications tower equipment but he had indicated to the Council every other means possible would be utilized before any type of lease purchase was authorized. ITEM ~ 33038 Councilman Moss referenced the May Twenty-ninth Interoffice Memorandum relative the School Budget. Their needs are rapidly increasing, state revenue provided for schools are not keeping pace. These trends of rapidly increasing needs seem well established and there is nothing on the horizon to lead one to believe that circumstances will change. Councilman Moss also referenced the City Manager's Memorandum of June Twentieth advising of the development of a productivity improvement program for City agencies. In the City Manager's message on April Second, transmitting the Fiscal Year 1990-1991 Operating Budget, he had recommended several goals that the City would be following to ensure strong fiscal management of the City's current resources. Councilman Moss referenced his letter of June Twentieth to Council Members, citing his recommendations. ITEM ~/ 33039 Councilman Moss referenced the Saturday, June 23, 1990, article in the VIRGINIAN-PILOT/LEDGER STAR issue regarding budget actions initiated by the City Manager. Councilman Moss did not believe the Council's action of spending money against the unallocated reserves could have been the cause for further freezes, as these funds were suppose to be available for new purposes. The Budget should have been executable without those dollars. ITEM ~ 33040 Councilwoman Henley referenced RECONSIDERATION of Amendments to Section 5.5 of the Subdivision Ordinance pertaining to covenants concerning the cost of curb and gutter (Adopted: June 11, 1990) (See Item L.1. under NEW BUSINESS of the FORMAL AGENDA). In Councilman Balko's absence, Councilman Heischober advised being on the prevailing side, he will sponsor these Amendments for RECONSIDERATION today. June 25, 1990 -11- CITY COUNCIL CONCERNS ITEM ~/ 3304 Councilman Baum requested all City Council Appointees be close and on-call during the Informal, Executive and Formal Sessions of City Council ITEM ~ 33042 Councilwoman Parker referenced the article in the Real Estate Market concerning lots in Chesapeake and the relocation by certain individuals because of the presence of trees on the lots. ITEM ~ 33043 Councilwoman Parker advised of an item in the Sports Section of the newspaper relative the Sports Authority discussion of a new stadium site and the cost involved. Councilman Heischober clarified Future Hampton Roads and the Sports Authority have been meeting regularly. A Consultant was hized by Future Hampton Roads in April to determine if the area was right for major league baseball, NFL Football and NBA Basketball. Two sites were identified for a major stadium: Bessie's Place and Western Branch section of Portsmouth. A consultant has also been hired to determine if the present facility at Met Park could be renovated to the satisfaction of the New York Mets. With reference to public and private funding corporation, Councilman Heischober advised this was in regard to Isle of Wight and the NASCAR race track which had been proposed. Private funds are going to support this with public Isle of Wight land. The State has committed to construct a road off Route 464 into the facility. ITEM ~ 33044 Councilwoman Parker noted the City Manager's correspondence of June Twenty- first relative Continuity of Contract Construction Mangement Operations. The City's ongoing highway construction program utilizes the services of a construction management engineering (C~E) firm whose contract is scheduled to expire on June Thirtieth. Selection of a successor firm is in progress with the expectation a contract award will be brought to the City Council for its approval within the next sixty days. The City Manager recommended approval of the proposed sixty-day extension of the services for the current CME to provide continuity of inspection services in the interim. ITEM # 33045 Councilwoman Parker again referenced the VARIANCE GRANTED by the Board of Zoning Appeals on June 6, 1990; to International Festival Associates, 1065 19th Street. They have requseted a variance of 32 to 96 sign area instead of 64 square feet and one (I) to three (3) signs instead of two (2) signs. The City Attorney advised Assistant City Attorney William Macali will be taking photographs of this variance and requested City Council give their direction within the next two weeks. June 25, 1990 - 12- ITEM ~ 33046 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, June 25, 1990, at 4:50 P.M. Council Members Present: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: Albert W. Balko and John L. Perry June 25, 1990 - 13- ITEM ~ 33047 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MAT~ERS: Discussion or consideration of appointment of specific appointees pursuant to Section 2.1-344(A) (1). To-wit: Virginia Beach Community Development Corporation. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of acquisition of real property for public purpose pursuant to Section 2.1-344(A) (3). (1) To Wit: Princess Anne Road Phase III - Right-of-Way 3. LEGAL MAI-~ERS: Consultation with legal counsel 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). Actual or probable litigation or other specific legal matters are the following: (1) Regency Apartments Association v. City of Virginia Beach (2) Octo, Inc. v. City of Virginia Beach (3) Patrick Janezeck v. Board of Zoning Appeals (International Festival Associates). Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko and John L. Perry June 25, 1990 - 14 - VIRGINIA BEACH CITY COUNCIL June 25, 1990 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, June 25, 1990, at 6:00 P.M. Council Members Present: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Albert W. Balko was in Virginia Beach General Hospital John L. Perry ENTERED the Formal Session at 6:45. Councilman's Perry wife was admitted to the Hospital. INVOCATION: Bishop Darryl Harding Church of Jesus Christ of Latter Day Saints. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA June 25, 1990 - 15- Item V-D.1. CERTIFICATION OF EXECUTIVE SESSION ITEM ~ 33048 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motions convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko and John L. Perry June 25, 1990 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 # 33047, Page No. 13 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ~uth Hodge~ Smith, CMC/AAE City Clerk June 25, 1990 - 16- Item V-E. 1. NINUTES ITEM ~ 33049 Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City Council APPROVED the Minutes of INFORMAL AND FORMAL SESSIONS of June 18, 1990. Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: Albert W. Balko and John L. Perry Mayor Oberndorf ABSTAINED as she was not in attendance during the City Council Session of June 18, 1990, but at the U.S. Conference of Mayors. June 25, 1990 - 17 - I tern V-F. 1 PRESENTATION ITEM # 33050 LABOR DAY COMMUNITY COORDINATION COMMII-rEE Michael Barrett, Co-Chair of the PROGRAM SUBCOMMI3-rEE of the LABOR DAY CONI4UNll'f COORDINATION COMMII-rEE, advised progress is continuing in the implementation of the plan previously outlined. The last PUBLIC FORUM was held at Great Neck Junior High School with an attendance of approximately fifty citizens. Mr. Barrett advised the following PUBLIC FORUNS are SCHEDULED for 7:30 P.M.: Thursday - June 28, 1990 Tuesday - July 10, 1990 Tuesday - July 17, 1990 Tuesday - July 24, 1990 Tuesday - August 7, 1990 Virginia Beach Junior High School Independence Junior High School Princess Anne High School Creeds Elementary School Pavilion Theater With regard to the PROGRAN SUBCONMII-rEE, plans for both the entertainment at the oceanfront and for the entertainment at Redwing Park are proceeding according to schedule. National acts will appear at Redwing Park but end at 12:00 MIDNIGHT. Applications have been received by vendors. June 25, 1990 - 18- Item VI-F.2. RECOGNITION ITEM # 33051 Mayor Oberndorf recognized the following Boy Scouts in attendance during the City Council Session to earn their Citizenship and Communications Merit Badges. Marty Ghrist - Jared Bishop - Mark Ashley - Troop No. 587 Troop No. 587 Troop No. 587 June 25, 1990 - 19 - Item VI-G.1 and 2 RESOLUTIONS ITEM # 33052 At the request of Councilman Baum, the City Clerk read into the record the letter from W. Lyle Pugh, District Chairman - Virginia Dare Soil and Water Conservation District, requesting unanimous support for proposed Regional Permit Number 29. Said letter is here by made a part of the record. The following registered in SUPPORT of Resolution G.1 and In OPPOSITION to Resolution G.2.: Chuck Traub, 784 Glasgow Court, Phone: 340-9056. Chuck Traub's statement is hereby made a part of the record. Georgette Constant-Davis, 110 82 Street, Phone: 422-2998 Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008 The following registered in SUPPORT of Resolution G. 2 and in OPPOSITION to Resolution G.I.: Michael J. Barrett, 4512 Virginia Beach Boulevard, Phone: 490-1221, represented the Hampton Roads Chamber of Commerce. Mr. Barrett read the Statements of the Chamber. Said statements are hereby made a part of the record. Ron Gregory, 347 S. Witchduck Road, Phone: 499-5600, represented the Tidewater Board of Realtors as Chairman of the Municipal Affairs Committee. Mr. Gregory presented a letter from the Tidewater Board of Realtors which is hereby made a part of the record. Attorney Richard D. Guy, 4425 Corporation Lane, Phone: 671-6071, represented the Tidewater Builders Association. Marvin Rollins, 1521 Mill Landing Road, Phone: 426-6459 Councilwoman Henley distributed a SUBSTITUTE Resolution. A Motion was made by Councilwoman Henley, seconded by Councilman Moss to ADOPT: A Resolution directing the Planning Commission to study the issue of, and to draft appropriate amendments to the City Zoning Ordinance concerning applications for rezonlngs or conditional use permits in cases in which the Environmental Protection Agency or United States Army Corps of Engineers may exercise regulatory authority. Voting: 4-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John L. Perry and William D. Sessoms, Jr. Council Members Absent: Albert W. Balko June 25, 1990 - 20 - Item ¥1-G.1 and 2 RESOLUTIONS ITEM ~ 33052 (Continued) Upon motion by Councilman Baum, seconded by Councilman Sessoms City Council ADOPTED: Resolution supporting the proposal of the United States Army Corps of £nglneers to issue a Regional Permit allowing the discharge of dred§ed and/or fill material on certain cleared agricultural lands and the conversion to nonfarm use of nontidal wetlands which were converted to cropland before December 23, 1985. Voting: 6-3 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss, Mayor Meyera E. Oberndorf and Parker Nancy K. Council Members Abstaining: Barbara M. Henley Council Members Absent: Albert W. Balko Councilwoman Henley ABSTAINED and disclosed she owns agricultural property on which the subject permit would relax regulations. Councilman Baum disclosed his ownership of like proeprty, but he did not feel the need to abstain in voting. June 25, 1990 APPROVED AS TO CO~',~'i ~:,,, :: SIGNATURE D,'2PARi'M~NT ~PPROVED AS TO LEGAL SUFFICIENCY AND FO, A RESOLUTION SUPPORTING THE PROPOSAL OF THE UNITED STATES ARMY CORPS OF ENGINEERS TO ISSUE A REGIONAL PERMIT ALLOWING THE DISCHARGE OF DREDGED AND/OR FILL MATERIAL ON CERTAIN CLEARED AGRICULTURAL LANDS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the District Engineer for the Norfolk District of the United States Army Corps of Engineers is considering a proposal to issue a Department of the Army Regional Permit allowing the discharge of dredged and/or fill material on certain cleared agricultural lands situated on hydric soils with wetland hydrology in association with an established, ongoing farming operation or the conversion of such lands to nonfarm uses; and WHEREAS, the said Regional Permit would, if issued, authorize the discharge of dredged or fill material upon, or the conversion to nonfarm use of, agricultural lands designated as prior conversion wetlands, which are those lands which were converted to cropland use before December 23, 1985, do not flood or pond for fifteen (15) consecutive days during the growing season, and have not lain idle for more than five (5) years and are thereby no longer defined as cropland under Federal law; and WHEREAS, the Regional Permit would also, if issued, require that the post-development nonpoint source pollution runoff load from development not exceed the pre-development load based upon average land cover conditions; and WHEREAS, the issuance of the proposed Regional Permit would not significantly affect the quality of the human environment, would not affect any species of fish, wildlife or plant, or their critical habitat, and would not affect any known properties eligible for inclusion in the National Register of Historic Places; and WHEREAS, the current regulations promulgated under the provisions of Section 404 of the Federal Water Pollution Control 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Act, also known as the Clean Water Act, pertaining to development of nontidal wetlands will have an undue impact upon the City of Virginia Beach and its citizens by greatly limiting necessary and appropriate economic development; and WHEREAS, the benefits which may reasonably be anticipated from the issuance of the proposed Regional Permit would greatly exceed any detriments which may possibly result; and WHEREAS, the proposed Regional Permit would, if issued, promote an appropriate and equitable balancing of economic, environmental, aesthetic, agricultural, and other values; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the District Engineer for the Norfolk District of the United States Army Corps of Engineers be, and hereby is, requested to issue the aforesaid Department of the Army Regional Permit in a timely manner. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Clerk is hereby directed to forward a certified copy of this Resolution to the District Engineer for the Norfolk District of the United States Army Corps of Engineers; to the Chief of the Permit Section of the Norfolk District; to the members of the Congressional Delegation representing the City; and to the members of the City's General Assembly Delegation. 57 58 Adopted by the City Council of the City of Virginia 25 3une Beach, Virginia, on the day of , 1990. 59 60 61 62 63 WMM/dhh 06/19/90 06/20/90 CA-90-3831 /ordin/noncode/wetland.res 2 - 21 - Item VI-G.3. RESOLUTIONS ITEM # 33053 Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council DEFERRED INDEFINITELY: Resolution authorizing and directing the City Manager to proceed with the acquisition of a certain two-acre parcel of land in the Glenwood Subdivision. The City staff shall provide a Comprehensive List of those parcels falling outside of the City's programmed open space acquisition program. This list shall be provided as part of the Capital Improvement Program package. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 A. DESCRIPTION An Ordinance upon Application of Ila Modi for a change in a nonconforming use on property located at 2572 Virginia Beach Boulevard. Said parcel contains 1.07 acres. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. B. ,ADMINISTRATIVE COMMENT~ DescriPtion of Request The subject site is zoned A-12 Apartment District. It contains an existing 15 unit motel and an existing single family home. The home is occupied by the manager/owner of the site and his family. Neither use is allowed as a principle or conditional use within the A-12 Apartment District. Therefore, both uses are non-conforming within the district. It is the intent of the applicant to add a one story addition to the existing house. This addition will contain two bedrooms, a hallway, and an additional bathroom. The total square footage of the proposed addition is approximately 550 square feet, as indicated by the applicant. The applicant is requesting this expansion to accommodate his growing family. Zoninq and Land Use Surrounding zoning includes A-12 Apartment District to the west and north, A-24 Apartment District to the east and B-2 Community Business District is located to the south across Virginia Beach Boulevard. This small portion of the Virginia Beach Boulevard corridor is unique. It is bordered to the east, west and north by tributaries of the Lynnhaven River and to the south by Virginia Beach Boulevard. Land uses within this peninsula consist of offices, a one street townhouse development and single family homes scattered among several lots. These lots contain more than one single family dwelling per lot and one lot contains two single family dwellings and a duplex. Zoninq History The utilization of existing subject area. zoning has been the trend in the AICUZ The site is located surrounding NAS Oceana. within AICUZ high noise impact zone 3 Water and Sewer A 20 inch water line and a 10 inch sanitary sewer line are located along the north side of Virginia Beach Boulevard. D. COMPREHENS'rVE PL~.N The Land Use Map designates the subject site as being an existing commercial/office use. E. EVALUATION The proposed expansion of a non-conforming use is acceptable as conditioned. This small portion of the Virginia Beach Boulevard corridor is unique. It is bordered to the east, west and north by tributaries of the Lynnhaven River and to the south by Virginia Beach Boulevard. Land uses within this peninsula consist of a variety of conforming and non-conforming uses. The proposed expansion is as equally appropriate to the district as is the existing nonconformity. Conditions If approved, the following should be a condition of the proposed expansion to a non-conforming use: The existing dwelling shall be inspected by an official of the Code Enforcement Division of Housing and Neighborhood Preservation and any infractions shall be replaced or repaired to minimum housing standards. Note: Further conditions may be required during administration of applicable city ordinances. the The site plan submitted with this application may require revision during detailed site plan review to meet all applicable city codes. - 22 - Item VI-G.4. RESOLUTIONS ITEM ~ 33054 Ida Modi, 2572 Virginia Beach Boulevard, Phone: 340-3211, the applicant Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council ADOPTED: Resolution authorizing the enlargement of a nonconforming use at 2572 Virginia Beach BouleYard, in behalf of Ida Modi (LYNNHAVEN BOROUGH). The following condition shall be required: The existing dwelling shall be inspected by an official of the Code Enforcement Division of Housing and Neighborhood Preservation and any infractions shall be replaced or repaired to minimum housing standards. Voting: lO-O Councll Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 APPROVED ~TO CONTENT~,~ C!TY ATTO~ A RE$OT,~TION AU~ORIZING THE ENLARGEMENT OF A NONCONFORMING USE AT 2572 VIRGINIA BEACH BOULEVARD, IN THE BOROUGH OF LYNNHAVEN 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, Ila Modi (hereinafter referred to as the applicant) is the owner of the property located at 2572 Virginia Beach Boulevard, in the Borough of Lynnhaven; and WHEREAS, such property is occupied by a motel and a single-family dwelling; and WHEREAS, such property is located within the A-12 Apartment Zoning District; and WHEREAS single-family dwellings are not permitted principal or conditional uses within the A-12 Apartment Zoning District, such that the single-family dwelling upon the property is a nonconforming use; and WHEREAS, the applicant has made proper application for authorization to expand the single-family dwelling upon the property by adding a one-story addition encompassing approximately 550 square feet of area; and WHEREAS, the applicant is the occupant of the aforesaid single-family dwelling and does not seek to change the use of such dwelling, but only to enlarge it to accommodate the needs of his family; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the aforesaid dwelling, as enlarged, would be equally appropriate to the district as is the existing dwelling, as required by Section 105(d) of the City Zoning Ordinance. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Ila Modi be, and hereby is, authorized to enlarge the existing single-family dwelling located upon the property at sa~'Tpo~\apoouou\uTp~o 06/61/90 I08£-06-~0 ggP/;gI4M '066I O~ 6~ L~' II~gS ~u~oTIdd~ ag~ 'puno~ alq~oTIdd~ ~o suoT~lOTn Au~ Gq~ ~o~dsuT O~ UOT~A/~S~/~ a~ sapoo 5uTsnog ~T 'pu~ buTiia~p pooqaoqgbTaN pu~ 6uTsnoH ~o Suam~a~daG aq~ go uoTs~n~ ~uamao~oguH apoo aq$ ~o /O~OadSUT U~ ~T~ad II~qS ~u~oTIdd~ aq~ 'E pu~ ~uoT~oTIdd~ sTq~ q~a UOT~DSUUOD UT :SUOT~TpuoD 6uT~oIIO~ ag~ o$ pu~ sapoo 0~' 6£ L[ 9[ ~£ iTc) lB ET,, 15Ti ~1 r~ ~t, !- ~. I II or--- ZT~MOD~ Change in no~¢onforming use 2572 Virginia Beach Blvd. bynnhaven Borough t..AT VA..BEACt.t, VA, Oate Nonconforming Use ResolutiOnReceipt #----~,.. # c6~-~ CITY OF VIRGINIA BEACH APPLICATION FOR THE ENLARGEMENT, EXTENSION, RELOCATION OR CONVERSION OF A NONCONFORMING USE To the Honorable Council City of Virginia Beach, Virginia I,~, ~ L/~ ~//0.~ ~ " the owner, prosp~¢ti¥~w~.~_...-"-e, ~ ~b~, -~ of the property described below apply for an Enlargement, Extension, ~ or Conversion of a Nonconfo~ing Use as required by the Comprehensive Zoning Ordinance of the City of Virginia.Beach, 1973. 1. Legal Description of Property (Street Address) Subdivision Map Book Page Number Boundary Description Lot Numbers Block ~ Acreage /, ~' Borough ~ ® ® Note: A physical survey to scale showing bearings and distance i's required to accompany this application. All plats must indicate intersecting rights-of-way. (1 copy) A statement, signed by the applicant, must be attached describing the existing nonconforming use and the proposed change. This description should contain any information that the applicant wishes considered by the staff during review. Information should be provided that helps ,,~o~ and ~h&t. D~co 4nd!cate +ho ~o on d~scrlb~ how m~ny, wh~re, , ............. -.~--~ · which the existing nonconforming use was established. Also, describe how the proposed change to the nonconforming use is equally appropriate or more appropriate to the district than the existing nonconformity. The application shall be accompanied.by a preliminary plan showing the actual dimensions and shape of the lot, the exact sizes and locations on the lot of existing and proposed structures, if any, and the existing and proposed uses of structures and open areas; and by such additional information relating tO topography, access, and surrounding land uses as necessary. {7 copies) $125.00 is paid herewith. (Check or money order must be made payable to Treasurer, City of Virginia Beach, Virginia.) Does an official or employee of the City of Virginia 'have an interest in the subject land? Yes No ~. If the answer is yes, name the official or the employee and nature of interest '--- · If applicant is other than owner, the owner is required to participate as necessary in fulfilling 'any condition or requirements approved by City Council. I certify the information contained herein is true and accurate. 'conc~u~fenc'e §y Owner Applicant (Address) {Address) (Telephone) (Tel ephone) Do not fill in below this line Commission Recommendation: Action of Council: Approved~Denied Modified Date~ Approved~Denied Modified .~ate Planimetric No'. DISCLOSURE STATEMENT NAME(S) OF APPLICANT(S) NAME(S) OF ALL OWNERS (if different from applicant) TYPE OF APPLICATION: TO 1. Rezooi~a from to Conditional Use Permit for Street Closure Subdivision Variance BE COMPLETED BY OR FOR THE APPLICANT: If the applicant is a corporation, list the officers of the corporation: ® If the applicant is a partnership, firm or other unincorporated organization, list all members or partners in the organization: TO BE COMPLETED BY OR FOR THE OWNER (if different from applicant) 1. If the owner is a corporation, list the officers of the corporation: e If the owner is a partnership, firm or other unincorporated organization list all members or partners in the organization: Signature Item IV-H.1. - 23 - ORDINANCES ITEM ~ 33055 The following registered in SUPPORT of the Ordinance: Rae H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008 The following registered in OPPOSITION to the Ordinance: Michael Arthur Rorer, 3012 Beaver Drive, Phone: 431-8817 Councilman-Elect Paul Lanteigne, 4752 Stone Road, Phone: 721-5535 A MOTION was made by Councilman Perry, seconded by Councilman Sessoms, to ADOPT an Ordinance to ANEND and REORDAIN Chapter 2, Article III of the Code of the City of Virginia Beach, Virginia, by ADDING Section 2-90, re certain political activities by City Employees. A SUBSTITUTE MOTION was made by Councilwoman McClanan, seconded by Councilman Heischober to DEFER an Ordinance to AMEND and REORDAIN Chapter 2, Article III of the Code of the City of Virginia Beach, Virginia, by ADDING Section 2-90, re certain political actlvltles by City Employees. Councilman Moss made a MOTION, seconded by Councilwoman Parker to TABLE the SUBSTITUTE NOTION and vote on the Main Motion. The City Attorney ruled this motion out of order. The SUBSTITUTE MOTION made by Councilwoman McClanan, seconded by Councilman Heischober to DEFER: Voting: 4-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Vice Mayor Robert E. Barbara M. Henley and Fentress, Harold Heischober, Reba S. McClanan Council Members Voting Nay: John A. Baum, John D. Moss, Mayor Oberndorf, Nancy K. Parker, John L. William D. Sessoms, Jr. Meyera E. Perry and Council Members Absent: Albert W. Balko June 25, 1990 Item IV-H.1. - 24 - ORDINANCES ITEM ~ 33055 (Continued) Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN Chapter 2, Article III of the Code of the City of Virginia Beach, Virginia, by ADDING Section 2-90, re c®rtain polltical activities by Clty Employees. Voting: 6-4 Council Members Voting Aye: John A. Baum, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley and Reba S. McClanan Council Members Absent: Albert W. Balko June 25, 1990 1 2 3 4 5 6 7 8 9 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 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ARTICLE III OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING SECTION 2-90, PERTAINING TO CERTAIN POLITICAL ACTIVITIES BY CITY EMPLOYEES. WHEREAS, the proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government; and WHEREAS, every employee's right to vote should be protected and free from interference, solicitation, or dictation by any fellow employee, supervisor, or officer; and WHEREAS, candidacy for a City elective office by a City employee is incompatible with the objectives and purposes of a merit system; and WHEREAS, the attraction of qualified persons through guaranteeing job security free from the political arena, and the maintenance of a loyal, efficient, and impartial work force which enjoys public confidence are recognized as compelling objectives of the City; and WHEREAS, certain restrictions on the political activities of those persons to whom this section applies are hereby declared to be in the best interests of the City of Virginia Beach, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 2, Article III of the Code of the City of Virginia Beach is hereby amended to add Section 2-90 and is reordained to read as follows: 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Section 2-90. Restrictions on certain political activities by city employees. (a) The provisions of this section shall apply to all members of the merit service of the City (as defined by Chapter 2, Article 3, Division 1, Section 2-76 of the Code of the City of Virginia Beach), the City Manager and all department heads and employees appointed by him, officers aDpointed by the City Council, and all staff assistants in those departments (including the City Clerk, City Attorney, Real Estate Assessor, but excluding members of boards and commissions). (b) The restrictions of this section are designed to protect every employee's right to vote and to keep this right free from interference, solicitation or dictation by any fellow employee, supervisor, official, or candidate. Every employee is encouraged to exercise his or her right to vote and cast his or her ballot in 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 every appropriate election and shall be free to express his or her opinion as to candidates or issues at any time except during working hours or when officially representing the City of Virginia Beach. (c) No person to whom this section applies shall use the status or prestige of his or her position with the City on behalf of or in opposition to any candidate for elective office. (d) No person to whom this section applies shall use any City funds, supplies, or equipment for political purposes, nor shall any such person wear his or her City uniform while participating in any manner in political activities. (e) No person to whom this section applies shall become a candidate for mayor or city council member of the City of Virginia Beach. (f) No person to whom this section applies shall participate in political management or political campaigning associated with the election of any person to the position of mayor or city council member of the City of Virginia Beach. (q) The provisions of this ordinance shall be enforced in concert with procedures. applicable City and departmental policies and 71 (h) Violation of this section shall constitute a cause for 72 dismissal from employment. 73 74 Adopted by the Council of the City of Virginia Beach, Virginia on the 25 day of June , 1990. 75 76 CA-03828 \ordin\proposed\02-0901.pro - 25 - Item VI-H.2. ORDINANCE ITEM # 33056 The following spoke in SUPPORT of the Ordinance: Roger M. Pierce, 4512 Virginia Beach Boulevard, represented the Hampton Roads Chamber of Commerce. Statement of the Chamber is hereby made a part of the record. Kal Kassir, 2009 Alpine Road, Phone: 481-0398, represented the Resort Leadership Council Joe Hawa, 1802 Atlantic Avenue, represented the Resort Retailers Association Bill Dillon, Abbey Roads, President of the Virginia Beach Restaurant Association Linwood Branch, 773 Arctic Avenue, Phone: 428-6141, represented the Virginia Beach Motel/Hotel Association. Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council ADOPTED: Ordinance to delay implementation of the Commercial Disposal Fees from July 1, 1990, to January 1, 1991; and, to reduce the FY 1990-1991 Operating Budget Reserve for Contingencies by $352,300. AND, Ordinance to amend and reordain Section 31-36 of the Code of the City of Virginia Beach, Virginia pertaining to charges to Commercial Establishments for City Disposal of solid waste. Voting: 9-1 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: Albert W. Balko June 25, 1990 AN ORDINANCE TO DELAY IMPLEMENTATION OF THE COMMERGIAL DISPOSAL FEES FROM JULY 1, 1990 TO JANUARY 1, 1991 AND TO REDUCE THE FY 1990-1991 OPERATING BUDGET RESERVE FOR GONTINGENCIES BY $352,300 WHEREAS, the adoption of the FY 1990 1991 Operating Budget established a fee schedule to charge the city's 920 business customers for solid waste services received, with the fees to cover 80% of the disposal expenses associated with the 18,833 tons of solid waste generated by these customers; 9 10 11 12 13 14 15 WHEREAS, the fee was instituted for the following reasons: (1) To meet the continual rise in the city's commercial disposal costs due to increases in the Southeastern Public Service Authority's tipping fee; (2) To treat all commercial residents fairly, 95% of businesses are excluded by law from receiving the free city solid waste service and rely on private haulers; and (3) To prevent unfair competition with the private hauling companies who are at a disadvantage since there was no charge for city solid waste services; 16 17 18 WHEREAS, the commercial establishments within the resort area have requested a 6 months delay in the implementation of the fees to allow them time to make other arrangements for solid waste disposal; 19 2O 21 WHEREAS, a six month delay in the implementation of the commercial disposal fees will result in a $352,300 loss in revenue to the city for FY 1990- 1991, requiring a corresponding decrease in appropriations. 22 23 24 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that implementation of the Commercial Disposal Fees originally scheduled for July 1, 1990 be delayed to January 1, 1991. 25 26 27 BE IT FURTHER ORDAINED, that the City Manager is authorized to reduce the FY 1990 - 1991 Operating Budget Reserve for Contingencies by $352,300 as a result of this revenue decrease. 28 Adopted on this day June 25, 1990 , 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO AMEND AND REORDAIN SECTION 31-36 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO CHARGES TO COMMERCIAL ESTABLISHMENTS FOR CITY DISPOSAL OF SOLID WASTE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 31-36 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 31-36. Charges to commercial establishments for city disposal of solid waste. Any commercial establishments receiving city solid waste services shall be charged a disposal fee. The monthly fees are: Outside the resort collection zone: 1 day per week service ............... $15 per month Inside the resort collection zone: 4 days per week service .............. $135 per month 6 days per week service .............. $200 per month 7 day per week service ............... $240 per month 22 23 24 This ordinance shall be effective January 1, 1991. 25 26 27 28 29 30 Adopted by the Council of the City of Virginia Beach, Virginia on the 25 day of June NEW/ccm 06/20/90 CA-03832 ~ordin~proposed~31-036.pro , 1990. APPi;) ED AS T, ONTENI DEPARTMENT APPROVED AS TO LEGAL SUFFiCiENCY A~",4D F~,,R,M - 26 - Item VI-H.3. ORDINANCE ITEM ~ 33057 Ron Earley, President - Earley and Earley, Inc., represented himself. Upon motion by Councilwoman McClanan, seconded by Cuncilman Baum, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of General Booth Boulevard to Earley & Earl,y, Inc. (Princess Anne Borough) for relocation of KOA Campground sign. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Prior to any construction within the existing public right-of-way, the owner or his agent shall obtain a permit from the Highway Inspections Bureau. 5. Prior to issuance of a Highway permit, the owner or his agent must post a Performance Bond and show proof of public liability (minimum $300,000). 6. The applicant will adhere to City's sign ordinance. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 7 8 9 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF GENERAL BOOTH BOULEVARD TO EARLEY & EARLEY, INC., A VIRGINIA CORPORATION, ITS 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, EARLEY & EARLEY, INC., a Virginia Corporation, its assigns and successors in title, is authorized to construct and maintain an entrance identification sign into a portion of an existing City right-of-way known as General Booth Boulevard. That the temporary encroachment herein authorized is for the purpose of facilitating such entrance identification sign within a portion of the City's right-of-way 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 right-of-way known as General Booth Boulevard as shown on that certain plat entitled: "EXHIBIT SHOWING PROPOSED SIGN ENCROACHMENT FOR K.O.A. CAMPGROUND MARCH 3, 1989," 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 any officer of Earley & Earley, Inc., its 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 General Booth Boulevard and that 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 68 69 7O 71 72 73 74 75 76 77 78 Earley & Earley, Inc., its assigns and successors in title, shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that Earley & Earley, Inc., agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. AND, PROVIDED FURTHER, that Earley & Earley, Inc., agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER· that Earley & Earley, Inc., agrees that, prior to any construction within the existing public right of way, the owner or his agent shall obtain a permit from the Highway Inspections Bureau. AND, PROVIDED FURTHER, that Earley & Earley, Inc., agrees that prior to issuance of a highway permit, the owner or his agent must post a performance bond and show proof of public liability (minimum $300,000). AND, PROVIDED FURTHER, that Earley & Earley, Inc., must make any adjustments to the entrance identification sign, if required by the City of Virginia Beach to facilitate future road construction. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Earley & Earley, Inc., its 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 this ordinance shall not be in effect until such time that Earley & Earley, Inc., executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. ~ Adopted by the Council of the City of Virginia Beach, EEF/rab 06/20/90 CA90-3836 (ordin~noncode~earley.ord) June · 1990 . APl:ROVED AS TO C~i.~'~:~,: ':, · ~?,¥ ~ ~ .... Virginia, on the 25 day of THIS AGREEMENT, made this day of , 19 , by and be'tween the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, party of the first part, and EARLEY & EARLEY, INC.,.ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain an entrance identification sign in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such entrance identification sign, it is necessary that the said party of the second part encroach into a portion of an existing City right- of-way known as General Booth Boulevard; and said party of the second part has requested that the party of the first part grant a 'temporary encroachment to facilitate such entrance identification sign within a portion of the City's right-of-way known as General Booth Boulevard. 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 ($1o00), 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 General Booth Boulevard for the purpose of constructing and maintaining such entrance identification sign. It is expressl~ 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 right-of-way known as General Booth Boulevard as shown on that certain plat entitled: "EXHIBIT SHOWING PROPOSED SIGN ENCROACHMENT FOR K.O.A. CAMPGROUND MARCH 3, 1989," 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 General Booth Boulevard 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 2 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 Highway Inspections Bureau prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). 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, the said EARLEY & EARLEY, INC. has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its Deputy City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By Deputy City Manager 4 (SEAL) ATTEST: City Clerk EARLEY & EARLEY, INC. (SEAL) ATTEST: By R. N. Earley, President (Title) 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 THOMAS M. MARTINSEN, JR., Deputy City Manager 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. 19 . GIVEN under my hand this day of , My Commission Expires: 5 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, , a Notary Public in and for the City and State aforesaid, do hereby certify that R. N. EARLEY, President, on behalf of EARLEY & EARLEY, INC., whose name is signed to the foregoing writing, bearing date 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 6 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 , (Title) on behalf of EARLEY & EARLEY, INC., whose name is signed to the foregoing writing, bearing date 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 RKL/trg 06/20/90 (encroach\earley.agr) 7 ~~,, PROSPERITY ALONZO/:'ARSON ESTA 15.18' EXHIBIT "A" ROAD NOT A SUBDIVISION B~'KNOR DRIVE NOI¢ OR FORMERLY -~ CAMP PENDLETON PIN(F) Virginia Beach, Va. · Newport News, Va. · Suffolk, Va. EXHIBIT SHOWING PROPOSED SIGN ENCROACHMENT FOR K.O.A. CAMPGROUND MARCH 03~ 1989 PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA - 27 - Item VI-I. CONSENT AGENDA ITEM ~ 330 58 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 8 b/c/d/e/f/g/h/i, 9a/b/c/d, 10, 11, 12 and 13 of the CONSENT AGENDA and Item L.1 under NEW BUSINESS*. Item 8a was pulled for a separate vote. *Item L.1. under NEW BUSINESS was brought forward and voted upon with the CONSENT AGENDA. Vot i ng: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 - 28 - Item VI-I.1. CONSENT AGENDA ITEM # 330 59 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance to AMEND and REORDAIN Article III, Section 12-43 of the Code of the City of Virginia Beach, Virginia, re Fire Prevention Code - Amendments re OPEN BURNING. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 1 2 3 4 5 6 DEPAR'TMENT AI~ROVED AS TO LEGAL FORM 12-43 OF THE CODE OF THE CITY OF CITY A'~I'ORNEY VIRGINIA BEACH, VIRGINIA, PERTAINING TO FIRE PREVENTION CODE - AMENDMENTS. 7 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 12-43 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 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 Section 12-43. Amendments. (a) Generally. The fire prevention code adopted by section 12-41 is amended, modified and changed as set forth in the following subsections of this section. (b) Section F-301.1 is hereby added to read as follows: Section F-3Ol.1. Open Burning. (a) Prohibition of Open Burning. (1) Except as otherwise provided in this chapter, no person shall kindle, ignite, or maintain, or cause or permit to be kindled, ignited, or maintained open fire on public or private property outside any building. In instances wherein burning outside a building may be permissible under the provisions of this chapter, such burning shall not include the burning of tires, asphaltic materials, automobile bodies, used crankcase oil, chemically impregnated wood or similar materials which produce dense or highly toxic smoke when subjected to open burning, nor shall salvage or demolition operation by burning be permitted. (2) Open burning under the exceptions of subsection (b) herein shall not exempt or excuse any person from any damages or injuries which may result from such conduct, nor shall it excuse or exempt 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 any person from complying with all applicable laws, ordinances, regulations, and orders of the fire official and the State Forester and others having jurisdiction, even though such open burning may be conducted in compliance with subsection (b) herein. (3) All open burning permitted under subsection (b) herein, shall be immediately terminated upon the declaration by competent authority that the "Alert" stage of an Air Pollution Episode has been reached. (b) Exceptions. (1) Open fires may be set in performance of an official duty of any public health or safety officer if the fire is necessary for one or more of the following reasons or purposes: (A) For the prevention of a fire hazard which cannot be abated by other means; (B) For the instruction of public fire fighters or industrial employees under supervision of the fire official; or (C) For the protection of public health. Fires may be used for the cooking of food, provided no smoke violation or other nuisance is created. Salamanders or other devices may be used for heating by construction crews or other workers, provided no smoke violation or other nuisance is created. Fires may be set in the course of agricultural operations in growing crops, including timber, or raising fowl or animals, provided no nuisance is created and the burning operation meets the requirements established by the fire official. (2) (3) (4) 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 104 (5) Open fires may be set, other than on the sand beaches, for recreational purposes or for ceremonial occasions provided no smoke violation or nuisance is created. (6) Open burning shall not be utilized for land clearing, except for agriculture operations. However, the provisions of this section shall not prohibit controlled, forced-air pit burning of brush, leaves and trees from land clearing operations conducted under authority of a permit granted by the chief of fire protection; provided, that such burninq shall be in conformance with procedures approved by the fire marshal and the Virqinia Air Pollution Control Board, and shall be immediately terminated upon revocation of such permit. (c) Exclusions. Where alternate means of disposal are not economical or practical and when it is considered to be in the best interests of the citizens of Virginia Beach, the fire official, with concurrence of the State Air Pollution Control Board and the State Forester, may permit open burning to dispose of debris caused by floods, tornadoes, hurricanes or other natural disasters, under each conditions as may be prescribed by the State Air Pollution Control Board. (d) Effective Date. The provisions of this section shall become effective on September 1, 1989. (c) Section F-301.7 is hereby amended to read as follows: Section F-301.7. Location Requirements, Open Burning. The location for any open burning shall be as directed by the fire official but shall in no case be less than fifty (50) feet from any structure, and provisions shall be made to prevent the fire from spreading to within fifty (50) feet of any structure. Burning in approved containers shall be permitted not less than fifteen (15) feet from any structure. (d) Section F-1902.2, is hereby amended to read as follows: 3 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 Section F-1902.2. Special Dispensers, Motor Fuel. No gasoline or other motor fuel shall be dispensed at or in any public filling station or other location accessible to the public by any coin or currency or card operated pump or dispensing device. (e) Section F-1905.2 is hereby amended to read as follows: Section F-1905.2. Shipbuilding, Repair and Lay-up. Shipbuilding, repair and lay-up facilities shall be in conformance with National Fire Protection Association Pamphlet 312 (1984 edition) which is hereby adopted and incorporated herein, of which three copies have been and are now filed with the office of the city clerk. (f) Article 27. Fireworks. Addendum 5 of the Virginia Statewide Fire Protection Code is hereby deleted and there is hereby adopted in its stead Article 27 of the Building Officials and Code Administrators (BOCA) National Fire Prevention Code 1987 edition, as may be amended. 122 123 124 125 126 127 Adopted by the Council of the City of Virginia Beach, Virginia on the 25 day of June , 1990. WEB/ccm 6/8/90 CA-03734 ~ordin~proposed~12-043.pro - 29 - Item ¥1-1.2. CONSENT AGENDA ITEM ~ 33060 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 21-323 of the Code of the City of Virginia Beach, Virginia, re use of electrlcal devices to check speed; arrest without warrant. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-323 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO USE OF ELECTRICAL DEVICES TO CHECK SPEED; ARREST WITHOUT WARRANT. 8 9 10 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-323 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 21-323. Use of electrical devices to check speed; arrest without warrant. (a) The speed of any motor vehicle may be checked by the use of radio micro~aves radar or other electrical devices. The results of such checks shall be accepted as prima facie evidence of the speed of such motor vehicle in any court or legal proceedings where the speed of the motor vehicle is at issue. (b) In any court or legal proceeding in which any question arises about the calibration or accuracy of any radar or other electrical device used to check the speed of any ................ f~cers motor vehicle, a certificate, .............. ~ ..... --~:~--~: .... =--~: ...... ~ ~-":-- ~-- its ............ .............. ~. or a true copy thereof, showing the calibration or accuracy of the speedometer of any vehicle or of any tuning fork employed in calibrating or testing the device, and when and by whom the calibration was made, shall be admissible as evidence 36 of the facts therein stated. No calibration or testing of such 37 38 39 40 41 42 43 44 45 46 47 48 49 50 device shall be valid for longer than six (6) months. (c) The driver of any such motor vehicle may be arrested without a warrant under this section, provided the arresting officer is in uniform and displays his badge of authority and provided such officer has observed the registration of the speed of such motor vehicle by ~- -- : ..... ...... d~...~.~.~-~ ...... radar or other electrical device, or has received a radio message from the officer who observed the speed of the motor vehicle registered by the ~ radar or other electrical device; provided that, in case of an arrest based on such a message, such radio message has been dispatched immediately after the speed of the motor vehicle was registered and shall have furnished the license number or other positive identification of the vehicle and the registered speed to the arresting officer. 51 52 This ordinance shall be effective on the 1st day of July, 1990. 53 54 55 56 57 58 Adopted by the Council of the City of Virginia Beach, Virginia on the 25 day of 3une , 1990. WEB/ccm 6/7/90 CA-03792 ~ordin~proposed~21-323.pro - 30 - Item VI-I.3. CONSENT AGENDA ITEM ~ 33061 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 21-341 of the Code of the City of Virginia Beach, Virginia, re forfeiture of right to drive. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 1 2 3 4 5 6 7 8 9 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 AN ORDINANCE TO AMEND AND REORDAIN SECTION 21-341 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO FORFEITURE OF RIGHT TO DRIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-341 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 21-341 Forfeiture of right to drive.; ........ :-- -~ (a) Except as provided in section 18.2-271.1, Code of Virginia, the judgment of conviction, if for a first offense under section 21-336, shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the commonwealth for a period of six (6) months from the date of such judgment. If a person is tried on a process alleging a second offense of violating section 21-336 within ten (10) years of a first offense for which the person was convicted under section 21-336 and is convicted thereof, such person's license to operate a motor vehicle, engine or train shall be revoked for a period of three (3) years from the date of the judgment of conviction. Any such period of license suspension, in any case, shall run consecutively with any period of suspension or revocation for failure to permit a blood or breath sample to be taken as required by section 21-338. (b) If any person has heretofore been convicted or found not innocent in the case of a juvenile of violating any similar act in the commonwealth or any other state and thereafter is charged with a second violation of section 21-336 and convicted of violating the provisions of section 21-336, such conviction or finding shall, for the purpose of this section and section 21-340, be a subsequent offense and shall be punished accordingly. Six (~) ............... 3 : .... ~ ........ : ........... ~ ....... ~ .... pursuant to 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 _ ~ f ^fl .................. ~ -':~'-.~. ~ ~.~-~ offense of v:olat~ng -~-~:~- ~ person is tried on a process alleging a third or subsequent offense of violating section 21-336 and convicted thereof, such person shall not be eligible for participation in a program pursuant to section 18.2-271.1, Code of Virginia and shall have his license revoked by th~ d=v:-:-- ~f .... t~. --~ =- -- provided in subsection B of section 46.2-391, Code of Virginia. The court trTin~ such case shall order the surrender o~ the driver's license 55 of the person so convicted, to be disposed of in accordance with 56 57 section 46.2-398 of the Code of Virginia, and shall notify such person that his license has been revoked indefinitely. 58 59 This ordinance shall be effective on the 1st day of July, 1990. 60 61 62 63 64 65 Adopted by the Council of the City of Virginia Beach, Virginia on the 25 day of 3une , 1990. WEB/ccm 6/7/90 CA-03790 ~ordin~proposed~21-341.pro - 31 - Item VI-I.4. CONSENT AGENDA ITEM ~ 33062 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance approving the survey for Corporate Landing; and, directing that the survey and a certified copy of this ordinance be recorded with the office of the Clerk of the Circuit Court. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 AN ORDINANCE APPROVING THE SURVEY FOR CORPORATE LANDING, AND DIRECTING THAT THE SURVEY AND A CERTIFIED COPY OF THIS ORDINANCE BE RECORDED WITH THE OFFICE OF THE CLERK OF THE CIRCUIT COURT I~PROVED A.S TO CONTE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, by Agreement dated the 13th day of June, 1988, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 2845 at page 1773, the Virginia Beach Development Authority (hereinafter referred to as "Grantor"), as a result of its petition to change the zoning classification on certain property, formerly known as White Farm, containing a total of ~ 252.204 acres from AG-1 to I-l, proffered, and agreed to be bound by, the covenants and conditions outlined in the Agreement; WHEREAS, by Agreement dated the 3rd day of July, 1989, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 2850 at page 1127, the Virginia Beach Development Authority, E.S.G. Enterprises, Inc., and The Doustan Partnership (hereinafter collectively referred to as "Grantor"), as a result of its petition to change the zoning classification on certain property containing a total of + 120.2 acres from AG-1 and AG-2 to I-1 and B-2, proffered, and agreed to be bound by, the covenants and conditions outlined in the Agreement; WHEREAS, the properties identified in both Agreements are currently being developed and marketed by the Virginia Beach Development Authority and are collectively and commonly referred to as "Corporate Landing;" WHEREAS, Grantor agreed to develop the properties into separate and distinct districts; WHEREAS, at the time of recordation of the Agreements, the locations of certain roads had not been precisely determined, 34 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 68 69 thereby making it impossible to define the precise internal borders of the districts by metes and bounds description; WHEREAS, the Agreements provide that "[a]fter the precise locations of these roads have been determined by the City, the Grantor will cause a survey to be prepared which will describe the precise boundaries of each district;" WHEREAS, the Agreements further provide that "[t]he aforesaid survey shall be submitted to the Council for the City of Virginia Beach for approval and, if approved, shall be recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, together with a certified copy of an ordinance or resolution confirming the approval of the survey, which said ordinance or resolution shall be conclusive evidence of such approval;" WHEREAS, Grantor has prepared the aforesaid survey and has submitted copies thereof to City Council for its review and approval; WHEREAS, City Council has reviewed the survey and has determined that it is consistent with the alignment of the roads referenced in the Agreements, and is further consistent with covenants and conditions contained therein. NOW, THEREFORE, be it ordained by the Council of the City of Virginia Beach, Virginia: That the survey for Corporate Landing is hereby approved; and That the City Attorney is hereby directed to record the survey, together with a certified copy of this Ordinance, with the Office of the Clerk of the Circuit Court of the City of Virginia Beach. 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FROM C;~OUND 4' - 0' MAX. ~0 0 ~O~n 0 ~ ~ ~ ~ 0 Q~ i--3 0 rl-~< O ~ 0  0~ ~-~ 0 ~-0 0 · 0 ~ 0 L~ 0~00 · ~o"H m t-tO ~ · o ~.-0 ~0 ~0 o m~ O~ ~0 0 ~t I1 ~ 0 /I) 0 0~- H~- ~ O~ 0 0 0 ~ 0 0 ~ O~ · 0 ~-~ ~ 0 0 ~0 rl'O · 0 ~0~ "<0(30 I--3 ~0~ · 0 ~-~0 00~ mO~ 0 ~ ~ O~m ~-~0 ~0~ 0~0~ ~0 rt- m ~1 (~ o.., ~,'o 03 i1) (3 m 0 m- m~o ~ ~om m m o ~-m o~m o ~o~(~ ~Q ~-=mo O~ 0 "0 ~1' 0 I~ Ir'l-hO) m 0 m~ moo.., · i.-.h I~· ~0 0 moo'mo ~:30 OH 0 ,-x-j ~,, 0 ~0 0~ 0~ ~0 O~ ~JO o< 0 0 ~0 ~0 ~0 - 32 - Item VI-I.5. CONSENT AGENDA ITEM ~ 33063 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance approving the design criteria for Corporate Landing, directing that a copy of the design criteria be filed with the City Clerk, and directing that certified copies of this ordinance be filed with the City Clerk and the office of the Clerk of the Circuit Court Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 2 3 4 5 6 7 8 9 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 AN ORDINANCE APPROVING THE DESIGN CRITERIA FOR CORPORATE LANDING, DIRECTING THAT A COPY OF THE DESIGN CRITERIA BE FILED WITH THE CITY CLERK, AND DIRECTING THAT CERTIFIED COPIES OF THIS ORDINANCE BE FILED WITH THE CITY CLERK AND THE OFFICE OF THE CLERK OF THE CIRCUIT COURT APPROVED AS TO CONTE WHEREAS, by Agreement dated on the 13th day of June, 1988, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 2845 at page 1773, the Virginia Beach Development Authority (hereinafter referred to as "Grantor"), as a result of its petition to change the zoning classification on certain property, formerly known as the White Farm, containing a total of ± 252.204 acres from AG-1 to I-l, proffered, and agreed to be bound by, the covenants and conditions outlined in the Agreement; WHEREAS, by Agreement dated the 3rd day of July, 1989, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 2850 at page 1127, the Virginia Beach Development Authority, E.S.G. Enterprises, Inc., and The Doustan Partnership (hereinafter collectively referred to as "Grantor"), as a result of its petition to change the zoning classification on certain property containing a total of + 120.2 acres from AG-1 and AG-2 to I-1 and B-2, proffered, and agreed to be bound by, the covenants and conditions outlined in the Agreement; WHEREAS, the properties identified in both Agreements are currently being developed and marketed by the Virginia Beach Development Authority and are collectively and commonly referred to as "Corporate Landing;" WHEREAS, in accordance with the covenants and conditions of the above-referenced Agreements, Grantor was required to prepare "design criteria" for the property "which design criteria shall precisely state how the property is to be developed;" 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 WHEREAS, the Agreements further provide that upon completion of the "design criteria" by Grantor, "it [the design criteria] will be submitted to the Council of the City of Virginia Beach for approval and, if approved, shall be filed with the City Clerk ... together with a certified copy of an ordinance or resolution confirming the approval of the design criteria ..." and that "the ordinance or resolution shall also be filed in the Office of the Clerk of the Circuit Court of the City of Virginia Beach;" WHEREAS, Grantor has prepared the "design criteria" and has submitted them to City Council for review and approval; WHEREAS, City Council has reviewed the "design criteria" and has concluded that the document is consistent with the proffered covenants and conditions, and adequately accomplishes the goal of ensuring that Corporate Landing is a quality development, and is compatible with surrounding property uses. NOW, THEREFORE, be it ordained by the Council of the City of Virginia Beach, Virginia: That the "design criteria" for Corporate Landing are hereby approved; That a copy of the "design criteria" and a certified copy of this Ordinance shall hereby be filed with the City Clerk; and That the City Attorney is hereby directed to file a certified copy of this Ordinance with the Office of the Clerk of the Circuit Court of the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of 3une , 1990. RMB/sam 04/06/90 04/30/90 CA-90-3710 \ordin\noncode\design.ord 2 - 33 - Item VI-I.6. CONSENT AGENDA ITEM ~ 33064 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right-of-way for Mill Dam Bridge (CIP 2-042) and the acquisition of temporary and permanent easem®nts of right-of-way, either by agreement or condemnation. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR MILL DAM BRIDGE (CIP 2-042) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR CONDEMNATION WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important bridge to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to proceed with immediate negotiation with the property owner(s) to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right of way as shown on the plans entitled "MILL DAM BRIDGE (CIP 2-042)" these plans being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, a reasonable offer to the owner(s) or person(s) having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property, time being of the essence. That an emergency is hereby declared to exist and this 32 ordinance shall be in force and effect from the date of its 33 34 35 36 37 38 39 adoption. Adopted by the council of the City of Virginia Beach, Virginia, on the 25 day of JAR/rah 06/13/90 CA90-3798 \ordin\noncode~MillDam.ord June , 1990. 2 ~ ..... ,~ ~3.,AS~~' CONTENTS (.~- / ~:GN^~U~E APPROVi~D A~, TO LEGAL ~ SUFFiC~/AND FO~M  ' ~i CITY ATTORNEY .sITE~ VIRGINIA NORTH CAROLINA LL _.D~_M B r l DG E C.I.P. - 2 042 SCALE : 2640' - 34 - Item VI-I.7. CONSENT AGENDA ITEM # 33065 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right-of-way for Pungo Ferry Road (CIP 2-036) and the acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 J~i GNATU RE D£PARTtC, E~A~' APPROVE~ AS~C~ ~' ~ ORDINANCE TO AUTHORIZE ACQUISITION OF ~ PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR 3 PUNGO FERRY ROAD (CIP 2-036) AND THE 4 ACQUISITION OF TEMPORARY AND PERMANENT 5 EASEMENTS OF RIGHT OF WAY, 6 EITHER BY AGREEMENT OR CONDEMNATION 7 WHEREAS, in the opinion of the Council of the City of 8 Virginia Beach, Virginia, a public necessity exists for the 9 construction of this important roadway to provide transportation 10 and for other public purposes for the preservation of the safety, 11 health, peace, good order, comfort, convenience, and for the 12 welfare of the people in the City of Virginia Beach: 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 Section 1. That the City Attorney is hereby authorized 16 and directed to proceed with immediate negotiation with the 17 property owner(s) to acquire by purchase or condemnation pursuant 18 to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 19 33.1-89, et seq., Code of Virginia of 1950, as amended, all that 20 certain real property in fee simple, including temporary and 21 permanent easements of right of way as shown on the plans entitled 22 "PUNGO FERRY (CIP 2-036)" these plans being on file in the Office 23 of Real Estate Department of Public Works, Virginia Beach, 24 Virginia. 25 Section 2. That the City Attorney is hereby authorized 26 to make or cause to be made on behalf of the City of Virginia 27 Beach, a reasonable offer to the owner(s) or person(s) having an 28 interest in said lands, if refused, the City Attorney is hereby 29 authorized to institute proceedings to condemn said property, time 30 being of the essence. 31 That an emergency is hereby declared to exist and this 32 33 34 35 36 37 38 39 ordinance shall be in force and effect from the date of its adoption. Adopted by the council of the City of Virginia Beach, Virginia, on the 25 day of JAR/rab 06/06/90 CA90-3786 \ordin\noncode\Pungo.ord June , 1990. - 35 - Item Vl-l.8.a. CONSENT AGENDA ITEM ~ 33066 The following spoke in SUPPORT of the Ordinance: Glenn Bashford, 705 Oxford Drive James H. Newton, 717 Runnymede Clrcle, Phone: 486-3357, represented the Kings Grant Community League Anthony Leger, 3009 Hampden Lane, represented the Kings Grant Community League The following registered in OPPOSITION to the Ordinance: Jeffrey J. Aftanas, 828 Archer Drive, Phone: 486-8401, presented petition in OPPOSITION. Said petition is hereby made a part of the record. William G. Galway, 824 Archer Drive, Phone: 340-4776 Ruth Jackson Mashburn, 766 Suffolk Curt, Phone: 463-6156 Reverend Richard Councill, 901 Little Neck Road, Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED upon SECOND READING: Ordinances to APPROPRIATE $107,000 from the General Fund Balance to acquire property for the Little Neck Fire Station. Voting: 8-2 Council Members Votlng Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss and Nancy K. Parker Council Members Absent: Albert W. Balko June 25, 1990 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROPRIATE $107,000 FROM THE GENERAL FUND BALANCE TO ACQUIRE PROPERTY FOR THE LITTLE NECK FIRE STATION WHEREAS, the city desires to construct the Little Neck Fire Station in a strategic location for rapid response in preserving the safety, health, and well- being of citizens; WHEREAS, a site has been selected by City Council at an estimated cost of $107,000; 9 10 WHEREAS, the City Manager has identified funding in the General Fund Balance for the acquisition of the site; 11 12 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the City Manager is hereby authorized to take the necessary action to appropriate $107,000 from the General Fund Balance for the purpose of acquiring the Little Neck Fire Station site. 15 16 17 This ordinance shall be in effect from the date of its adoption. 25 June Adopted the day of , 1990, by the Council of the City of Virginia Beach, Virginia. 18 19 FIRST READING: SECOND READING: June 18, 1990 June 25. 1990 - 36 - Item Vl-l.8.b. CONSENT AGENDA ITEM # 33067 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $34,996 to the Commonwealth's Attorney's Office for an additional Attorney I position to be funded by a $29,582 increase in estimated revenues. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 1 2 3 4 AN ORDINANCE TO APPROPRIATE $34,996 TO THE COMMONWEALTH'S ATTORNEY'S OFFICE FOR AN ADDITIONAL ATTORNEY I POSITION TO BE FUNDED BY A $29,582 INCREASE IN ESTIMATED REVENUES AND A $5,414 TRANSFER FROM RESERVE FOR CONTINGENCIES 5 6 7 WHEREAS, the State Compensation Board has granted approval to the Office of Commonwealth's Attorney for an additional Attorney I position for FYg0-91 to address increasing caseload; WHEREAS, the total net additional cost for the position including salary, fringe benefits, furniture, and other operating support is $34,996; 10 11 12 13 14 WHEREAS, of the total net additional costs, $29,582 will be funded by additional revenues from the Commonwealth, and $5,414 will be funded through a transfer from General Fund Reserve for Contingencies; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 15 16 17 That an additional Attorney I position be approved and funds in the amount of $34,996 be appropriated to the Commonwealth's Attorney's Office for FYg0-91; 18 That estimated revenues from the Commonwealth be increased by $29,582; 19 20 21 That $5,414 be transferred from General Fund Reserve for Contingencies to the Office of the Commonwealth's Attorney to finance the balance of the necessary amount. 22 23 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of June , 1990 24 This ordinance shall be in effect from the 1 day of July, 1990. 25 26 FIRST READING: SECOND READING: June 18, 1990 June 25, 1990 - 37 - Item Vl-l.8.c. CONSENT AGENDA ITEM ~ 33068 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $128,218 to fund seven additional permanent positions and data processing equipment in the Sheriff's Office. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO APPROPRIATE $128,218 TO FUND SEVEN ADDITIONAL PERMANENT POSITIONS AND DATA PROCESSING EQUIPMENT IN THE SHERIFF'S OFFICE WHEREAS, on February 12, 1990, the Council approved seven temporary Correctional Officer positions in conjunction with State approval with funding through June 30, 1990; WHEREAS, in response to the staffing shortage and data processing needs at the Virginia Beach Correction Center, the Compensation Board of the Commonwealth has approved seven permanent Correctional Officers and data processing equipment; WHEREAS, these positions were not funded in the 1990-91 Operating Budget due to the uncertainty of their continuance; WHEREAS, the total operating cost of the seven positions, effective July 1, 1990, is estimated at $158,410 and the cost of the data processing equipment is $5,000 resulting in a total cost of $163,410; WHEREAS, of the total cost, $128,218 will be funded by an increase in estimated revenues from the Commonwealth and $35,192 from transfers within the Sheriff's FY 90-91 Operating Budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $128,218 are hereby appropriated to the Sheriff's Office and funds in the amount of $35,192 be transferred within the budget to finance seven additional Correctional Officers and data processing equipment. BE IT FURTHER ORDAINED that estimated revenues from the Commonwealth be increased by $128,218. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, this 25 June day of , 1990. 28 29 30 This ordinance shall be in effect on July 1, 1990. First Reading: June 18, 1990 June 25, 1990 Second Reading: - 38 - Item Vl-l.8.d. CONSENT AGENDA ITEM ~ 33069 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $408,676 to cover additional operating costs and the purchase of data processing equipment for the Sheriff's Office to be offset by an increase in estimated revenues. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 - 39 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $408,676 TO COVER ADDITIONAL OPERATING COSTS AND THE PURCHASE OF DATA PROCESSING EQUIPMENT FOR THE SHERIFF'S OFFICE TO BE OFFSET BY AN INCREASE IN ESTIMATED REVENUES WHEREAS, The Sheriff's Office is responsible for the welfare of all prisoners confined in the City of Virginia Beach Correctional Facility; WHEREAS, the appropriations and estimated revenues in the Sheriff's FY 1989-90 Operating Budget were based on an average inmate population of 450; WHEREAS, the present daily inmate population at the Correctional Facility is approximately 525; WHEREAS, due to the increase in daily inmate population over estimates, the additional cost of the medical and food contracts and miscellaneous operating expenses has resulted in a deficit of $347,760; WHEREAS, the increase in daily inmate population has also resulted in increased revenues of $408,676; WHEREAS, of the total increase in revenues, the Sheriff's Office has requested that $347,760 be used to cover the deficit and $60,916 'be used for the purchase of data processing equipment needed to automate the Civil Process Division and Corrections Division; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $408,676 be appropriated to eliminate the deficit in the Sheriff's FY 1989-90 Operating Budget and to purchase data processing equipment. BE IT FURTHER ORDAINED, that estimated revenues from the Commonwealth be increased by $408,676. 26 27 Adopted by the Council of the City of Virginia Beach, Virgin~.a, this 25 June day of , 1990. 28 29 3O This ordinance shall be in effect from the date of its adoption. First Reading: June 18, 1990 June 25, 1990 Second Reading: - 40 - Item VI-I.8.e. CONSENT AGENDA ITEM # 33071 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $119,996 to the FY 1990- 1991 Budget of the Office of Community Corrections with a corresponding increase in estimated revenues. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 1 2 3 4 AN ORDINANCE TO APPROPRIATE $119,996 TO THE FY90-91 BUDGET OF THE OFFICE OF COMMUNITY CORRECTIONS WITH A CORRESPONDING INCREASE IN ESTIMATED REVENUES AND TRANSFER $39,999 WITHIN THE FY90-91 BUDGET FOR A PRE-TRIAL INMATE RELEASE PROGRAM 5 WHEREAS, the state inmate prisoner population has been increasing 6 faster than correctional facilities can be constructed; 7 WHEREAS, one alternative to incarceration is a program which will 8 screen inmates on a pre-trial basis for the purpose of determining their 9 suitability for release into the custody of a pre-trial program; 10 WHEREAS, the state has made funds available to localities through 11 a grant which will utilize drug testing targeted at incarcerated non- 12 violent misdemeanants and felons; 13 WHEREAS, the city has received acceptance to the grant program 14 providing $119,996 in state funds, requiring a local match of $39,999; 15 16 WHEREAS, these funds will be used to create four (4) full-time 17 and one (1) part-time grant positions, provide out-patient residential 18 drug and alcohol treatment services, and acquire equipment and supplies. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA, that funds in the amount of $119,996 be 21 appropriated to the FY90-91 Operating Budget of the Office of Community 22 Corrections with a corresponding increase in estimated revenues for the 23 purpose of establishing a pre-trial release program ; 24 BE IT FURTHER ORDAINED that funds in the amount of $39,999 be 25 transferred from within the FY90-91 Operating Budget of the Office of 26 Community Corrections as the required local funding match; 27 BE IT FURTHER ORDAINED that the City Manager is hereby directed 28 to advise individuals employed in the positions funded under this 29 appropriation that said positions are subject to discontinuance upon the 30 expiration of this source. 31 32 33 34 35 Adopted this 25 day of June , 1990, by the Council of the City of Virginia Beach, Virginia. This ordinance shall be in effect on July 1, 1990. June 18, 1990 First Reading: Second Reading: JuL~e 25,1 990 - 41 - Item VI-I.8. f. CONSENT AGENDA ITEM # 33072 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $107,016 from a State Grant and $7,706 as Match from other cities to purchase Regional Communications Equipment in the FY 1989-90 Budget of the Police Department. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. ~McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 1 2 3 4 5 6 7 8 AN ORDINANCE TO APPROPRIATE $107,016 FROM A STATE GRANT, APPROPRIATE $7,706 AS MATCH FROM OTHER CITIES, AND TRANSFER $1,926 AS THE CITY'S MATCH TO PROVIDE $116,648 TO PURCHASE REGIONAL COMMUNICATIONS EQUIPMENT IN THE FY89-90 BUDGET OF THE POLICE DEPARTMENT WHEREAS, communications between area police departments will enhance cooperative efforts, and increase assistance and coordination between police agencies during times of peak demands or major disaster; 9 10 11 12 WHEREAS, the Virginia Beach Police Department, as lead agency for regional police departments, has applied for and been awarded a grant from the state to purchase the necessary 800 MHz base stations for installation in Norfolk, Portsmouth, Suffolk, and Virginia Beach; 13 14 15 16 WHEREAS, the grant requires a $9,632 match in local funding, of which $7,706 will be provided by the other cities as their portion, and $1,926 from Virginia Beach as its share which can be provided from within the FY89-90 Operating Budget; 17 18 19 2O NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $107,016 be appropriated from the state, and $7,706 be appropriated from other cities, totalling $114,722 in appropriations, with corresponding increases in estimated revenues; 21 22 23 24 BE IT FURTHER ORDAINED that $1,926 be transferred within the FY89-90 budget as the required Virginia Beach match to the state grant, to provide the necessary $116,648 total for communications equipment to the FY89-90 budget of the Police Department for the purpose of providing regional communications equipment. 25 26 Adopted the 25 Virginia Beach, Virginia. day ofJune ., 1990, by the Council of the City of 27 28 29 This ordinance shall be in effect from the date of its adoption. First Reading: June 18, 1990 ^~,i:'ROVED AS TO. CONTENTS Second Reading: June 25, 1990 SIGNATURE DEPARTMENT APPROVED AS TO LEGAL - 42 - Item VI-I.8.g. CONSENT AGENDA ITEM # 33073 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE a $9,959 Grant from the State to the FY 1990-1991 Operating Budget of the Police Department to fund a Child Abuse-Juvenile Delinquency Study. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 1 2 3 AN ORDINANCE TO APPROPRIATE A $9,959 GRANT FROM THE STATE TO THE FY90-91 OPERATING BUDGET OF THE POLICE DEPARTMENT TO FUND A CHILD ABUSE - JUVENILE DELINQUENCY STUDY 4 5 WHEREAS, the State Department of Criminal Justice Services recognizes the relationship between certain childhood patterns and juvenile delinquency; WHEREAS, the State has made funds available to localities through its Juvenile Justice and Delinquency Prevention Program to fund a study to determine the relationship between reported instances of child abuse and reported acts of juvenile delinquency; 10 11 12 WHEREAS, the City has been awarded a grant for $9,959 in FY90-91 to fund such a study, including part-time temporary positions and necessary equipment and supplies; 13 14 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $9,959 be appropriated to the FY90- 91 Operating Budget of the Police Department to fund a child abuse - juvenile delinquency relationship study; 17 18 19 BE IT FURTHER ORDAINED that estimated revenues be increased by $9,959 to reflect a grant from the Commonwealth of Virginia Department of Criminal Justice Services. 20 21 Adopted the 25 day of June Virginia Beach, Virginia. 1990, by the Council of the City of 22 This ordinance shall be in effect on July 1, 1990. 23 24 First Reading: Second Reading: June 18, 1990 June 25, 1990 - 43 - Item VI-I.8.h. CONSENT AGENDA ITEM # 33074 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $40,000 from the Pendleton Child Service Fund FY 1990-1991 Balance to the Pendleton Child Service Center re funding for a City Nurse position. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. 0berndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 1 AN ORDINANCE TO APPROPRIATE $40,000 FROM THE PENDLETON FUND BALANCE TO CONTINUE SERVICES OF A NURSE FOR FY 90-91 WHEREAS, the Pendleton Child Service Center has a critical program need for a nursing response and has depended on provision of health services and assessment through use of a full time permanent state nursing position provided by the Virginia Beach Cooperative Health budget WHEREAS, significant reductions in the Cooperative Health budget have required the Department of Health to remove this nursing position from the Pendleton Child Service Center effective July 1, 1990 WHEREAS, the emergence of this problem occurred after completion of FY 90-91 budget negotiations with the City of Chesapeake for the FY 90-91 Operating budget in keeping with the Pendleton Joint Powers Agreement WHEREAS, the continuation of this position for FY 91-92 will be addressed in negotiations with the City of Chesapeake and the use of fund balance resources is viewed as a interim measure while such negotiations are undertaken WHEREAS, the Pendleton Child Service Center has adequate resources within its fund balance which has accrued from previous fiscal years to allow payment of salary and fringes for a full time nursing position for one year NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $40,000 be appropriated from the Pendleton Child Service Fund Balance to the Pendleton Child Service Center FY 90-91 Operating Budget to fund a city nurse position. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 25 day of June, 1990. First Reading June 18, 1990 Second Reading June 25, 1990 - 44 - Item VI-I.8.i. CONSENT AGENDA ITEM # 33075 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED upon SECOND READING: Ordinance to ACCEPT and APPROPRIATE $13,571 from the Virginia Department of Housing and Community Development re Emergency Home Repair Program. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 ORDINANCE TO ACCEPT AND APPROPRIATE $13,571 FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR AN EMERGENCY HOME REPAIR PROGRAM WHEREAS, the Commonwealth of Virginia has established the virginia Housing Partnership Fund to encourage the improvement of housing opportunities for low-income Virginians; and WHEREAS, the Virginia Department of Housing and Community Development has authorized grants under this program to localities to provide emergency home repairs to eligible citizens; and WHEREAS, the Virginia Department of Housing and Community Development has informed the City that $13,571 has been awarded to the City for such emergency repairs; NOW; THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that a grant of $13,571 from the Virginia Department of Housing and Community Development for emergency home repairs is accepted and appropriated to the City of Virginia Beach's Department of Housing and Neighborhood Preservation. BE IT FURTHER ORDAINED THAT the City Manager is authorized to execute a grant agreement with the Virginia Department of Housing and Community Development accepting such funds. BE IT FURTHER ORDAINED THAT the City of Virginia Beach will comply with ali. requirements of this proqram as set forth by the Virginia Department of Housing and Community Development. Adopted by the Council cf the City of virginia Beach on the 25 June day of , 1990. APPROVED AS TO CONTENT; Department of Housing and Neighborhood Preservation First Reading: Second Reading: June 18, 1990 June 25, 1990 APPROVED AS TO FORM ~y Attorn_y ~ -45 - Item Vl-l.9.a. CONSENT AGENDA ITEM # 33076 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council APPROVED upon FIRST READING: Ordinances to APPROPRIATE: $3,853,000 for the Fiscal Year 1990- 1991 School Textbook Rental Fund Budget. $9,960,644 for the City of Virginia Beach School Prc~jrams funded by Special Categorical Grants for School Year 1990-1991 $317,700 for the Fiscal Year 1990-1991 School Athletic Enterprise Budget Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 1 2 3 4 AN ORDINANCE TO APPROPRIATE FUNDS OF $3,853,000 FOR THE FISCAL YEAR 1990-91 SCHOOL TEXTBOOK RENTAL FUND BUDGET 5 6 7 WHEREAS, the Attorney General of Virginia has opined that School Board expenditures of funds generated by the rental of textbooks require an appropriation of the local governing body; 8 9 10 WHEREAS, the Virginia Beach School Board has a textbook rental plan whereby rental income is deposited in a textbook rental fund and purchases of textbooks and other related expenses are paid from this fund; 12 WHEREAS, the School Board has submitted a Textbook Rental Fund budget for FY 1990-91 in order to comply with the Attorney General's opinion; 13 14 15 WHEREAS, the Textbook Rental budget approved by the School Board included total revenues of $3,853,000 and total disbursements of $3,853,000 for fiscal year 1990-91. 16 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $3,853,000 be appropriated for a School Textbook Rental Fund budget in the manner approved by the School Board. 19 2O BE IT FURTHER ORDAINED that this appropriation be financed by estimated revenues of $3,853,000 in the School Textbook Rental Fund. 21 This ordinance shall be effective from the date of its adoption. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1990. 24 25 First Reading: Second Reading: June 25, 1990 1 2 3 4 AN ORDINANCE TO APPROPRIATE FUNDS OF $9,960,644 FOR THE CITY OF VIRGINIA BEACH SCHOOL PROGRAMS FUNDED BY SPECIAL CATEGORICAL GRANTS FOR SCHOOL YEAR 1990-91 WHEREAS, the Virginia Beach School Board has been notified that it will receive funds of $9,960,644 through special state and federal categorical grants for the school year 1990-91; 8 9 WHEREAS, these funds were not included in the FY 1990-91 School Operating Budget approved by City Council; 10 11 WHEREAS, the School Board approved this funding and requests that City Council appropriate these funds; 12 13 WHEREAS, it is desirable and necessary for the City Council to appropriate these funds prior to the incurring of the expenditures. 14 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $9,960,644 be appropriated for school purposes for FY 1990-91. 17 18 BE IT FURTHER ORDAINED that this appropriation be financed by $9,960,644 of estimated revenues from state and federal grants. 19 2O BE IT FURTHER ORDAINED that this appropriation is authorized subject to the expenditures being incurred with no local match. 21 This ordinance shall be effective from the date of its adoption. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1990. 24 25 First Reading: June 25, 1990 Second Reading: AN ORDINAN6'E TO APPROPRIATE FUNDS OF $317,700 FOR THE FISCAL YEAR 1990-91 SCHOOL ATHLETIC ENTERPRISE FUND BUDGET WHEREAS, the School Board expenditures of funds generated by the sale of admissions to high school basketball, football, gymnastics, wrestling, and soccer events require an appropriation of the local governing body; 8 9 10 11 WHEREAS, the Virginia Beach School Board has an athletic program whereby admissions income is deposited in an athletic enterprise fund and disbursements from this account are used to purchase athletic equipment and uniforms, to pay officials, and to provide miscellaneous supplies; 12 13 WHEREAS, the School Board has submitted a budget for the Athletic Enterprise Fund for FY 1990-91; 14 15 16 WHEREAS, the Athletic Enterprise Fund budget approved by the School Board included total revenues of $317,700 and total disbursements of $317,700 for fiscal year 1990-91. 17 18 19 2O NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $317,700 be appropriated for a School Athletic Enterprise Fund budget in the manner approved by the School Board. 21 22 BE IT FURTHER ORDAINED that this appropriation be financed by estimated revenues of $317,700 in the School Athletic Enterprise Fund. 23 This ordinance shall be effective from the date of its adoption. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1990. 26 27 First Reading: Second Reading: June 25, 1990 - 45a - Item Vl-l.9.a.(1) CONSENT AGENDA ITEM ~ 33076a Upon motion by Councilman Baum, seconded by Councilman Moss, City Council APPROVED upon FIRST READING: Ordinances to APPROPRIATE: A grant of $15,000 for the Fire Trainln§ Program for the Virginia Beach Fire Department. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT OF $15,000 FOR THE FIRE TRAINING PROGRAM WHEREAS, the City of Virginia Beach Fire Department applied for and was granted $15,000 from the Commonwealth of Virginia Department of Fire Programs for purchase of equipment for the Fire Training Cente~, WHEREAS, this grant requires no local dollar match, NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that a grant from the Commonwealth of Virginia in the amount of $15,000 be accepted and appropriated to the Fire Department and that revenue from the Commonwealth be increased by $15,000. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia o~ the 25th day of June, 1990. June 25, 1990 First Reading Second Reading NO: 01-003-89/90 BETWEEN DEPARTMENT OF FIRE PROGRAMS, COMMONWEALTH OF VIRGINIA AND CIT~ OF VIRGINIA BEACH This agreement made and entered into this 15th day of March, 1990 by and between the Department of Fire Programs (hereinafter referred to as the Department) and the City Council (hereinafter referred to as the governing body) of the City of Virginia Beach (hereinafter referred to as the local unit of government). Whereas pursuant to Section 9-155.1 of the Code of Virginia (1950) as amended, the Virginia Fire Services Board may allocate available funds to counties, cities and towns within the Common- wealth for the purpose of assisting in the construction, improve- ment or expansion of fire service training facilities. And, Whereas the Executive Director of the Department pursuant to Section 9-154 of the Code, is authorized to assist the Fire Services Board in carrying out its duties and responsibilities and to make and enter into all contracts and agreements necessary or incidental to the performance of its duties and responsibili- ties. And, Whereas the local governing body has established or approved the establishment or organization of a fire department or fire company pursuant to the authority contained in Sections 27-6.1, 27-8 or 27-8.1 of the Code of Virginia. Now, Therefore for and in consideration of the mutual agreements, covenants, terms and conditions herein contained it is expressly stipulated, understood, agreed and covenanted by and between the Department and the governing body as follows: 1) The Department shall provide a sum not to exceed ~ to the local unit of government for the construction, improvement, or expansion of fire training facilities as described in Regional Training Center Grant Application #01-003-89/90 attached hereto and made a part of this contract. The locality agrees that the equipment purchased with this grant award will be made available to the Department of Fire Programs upon request. The sum set out above may be revised downward by the Department of Fire Programs in the event the revenues produced by the Fire Programs Fund in Calendar Year 1989 is less than the revenues projected by the Department of Fire Programs for that time. The reduction will be a pro rata amount considering all grant awards made by the Virginia Fire Services Board pursuant to the 1989-90 grant award process. The local un-'.t of government agrees to provide documentation as may be required by the Department to evidence the purchase, delivery and receipt of materials, equipment and supplies necessary to the completion of the project and/or to substantiate work paid for with grant funds. 2) The local unit of government acting through a fire department or company legally established by the governing body agrees to construct, improve, finance and use the training facility as set forth in the Application for Regional Training Center Funds - Fiscal Year '1989-90 Grant ~01~003-89/90 dated ~ 1989. 3) The locality agrees to complete the project according to the timetable set forth in Attachment A, but in no event shall completion of the work described therein take longer than 12 months from the date this contract is signed by the Executive Director of the Departmen~ of Fire Programs. 4) No modification, change, deletion or addition to the terms, conditions, agreements and covenants of this contract and/or the attachments thereto shall be made without the prior written approval of the Department, nor shall any modifications, revisions, or changes be made to the construction, improvement, financing and use of the facility without the prior written approval of the Department. 5) The locality shall comply with the minimum requirements of the Uniform Statewide Building Code and shall obtain all permits required by State Law, local ordinances, rules and regulations pertaining to the construction, use and occupancy of the facility. A copy of all such required permits shall be provided to the Department prior to the disbursement of funds by the Department. 6) The local unit of government shall permit duly appoint- ed employees of the Department to inspect the site, financial records and other records pertinent to the project upon request. The local unit of government shall also provide periodic progress reports to the Department. -~ 7) The facilities constructed, improved or expanded pursuant to the terms of this contract shall not be modified, changed, sold, transferred or disposed of by any means to any party or organization without the written approval of the Department of Fire Programs. 8) No person, association, company or department shall be excluded from the use of this facility for a reason based on race, religion, color, or national origin or sex. In witness thereof, the undersigned being duly authorized and empowered to act on behalf of the Department and the local unit of government do hereby set their hand and seals. Date ~epa r~:~nC ~ t ~ f~F ~ er e~tr o°; r ams Date ~ITT ~I'rQRN~Y ' -- ~me and/~itle 5 - 46 - Item VI-I.IO. CONSENT AGENDA ITEM # 33077 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance to transfer $25,000 from the Economic Development Investment Program to the Operating Budget for the Biotechnical Incubator Program. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 1 2 3 4 AN ORDINANCE TO TRANSFER $25,000 FROM THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM TO THE OPERATING BUDGET FOR THE BIOTECHNICAL INCUBATOR PROGRAM 5 6 7 8 9 WHEREAS, the staff of the Department of Economic Development working with the Old Dominion University Entrepreneurial Center has been successful in obtaining grant funds from the Center for Innovative Technology to be used for a biotechnical incubator program to aid in technology and small business creation; 10 11 12 13 WHEREAS, the grant requires a city match of $25,000 which will leverage approximately $75,000 of grant funds from the Center of Innovative Technology, and in-kind grants from Old Dominion University and others to be used for establishing a biotechnology related small business incubator in the city; 14 15 16 17 WHEREAS, the $25,000 may be transferred from the Economic Investment Program (Project 2-141) which was approved in the FY 1989-90/1993-94 Capital Improvement Program to provide infrastructure improvements on sites and along roadways to enhance the e~onomic viability of property; 18 19 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $25,000 be transferred from the Economic Development Investment Program to the OperaTing Budget for establishment of a biotechnical incubator program. 22 This ordinance shall be effective from the date of i"~ts adopti~on. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia on the 25 day of June , 1990. - 47 - Item VI-I.11. CONSENT AGENDA ITEM # 33078 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance appointing viewers in the petition of the City of Virginia Beach for the closure, (Virginia Beach Borough) of a portion of Old Virginia Beach Road. The Viewers are: David G. Grochmal C. Oral Lambert, Jr. Robert J. Scott Director of General Services Director of Public Works Director of Planning Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 ORDIN]tNCE /~PPOINTIN~ VIEWERS WHEREAS, the City of Virginia Beach has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 25th day of June , 1990, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of a portion of the hereinafter described street of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott, C. Oral Lambert, Jr. and David M. Grochmal are hereby appointed to view the below described property and report in writing to the Council on or before , 1990, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: ALL THAT certain lot, piece or parcel of land designated as "STREET CLOSURE BY CITY OF VIRGINIA BEACH. AREA TO BE RETAINED AS DRAINAGE, UTILITY AND ACCESS EASEMENT. AREA = 12,403 SQ. FT. = 0.285 ACRES" as shown on that certain plat entitled "PLAT SHOWING STREET CLOSURE OF PORTION OF OLD VIRGINIA BEACH ROAD BY CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH -- VIRGINIA BEACH, VIRGINIA," prepared by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, dated June 19, 1989, and revised July 3, 1989 Scale: 1" = 100', to which reference is hereby made for a more particular description. Said parcel of land designated as "OLD VIRGINIA BEACH ROAD (VAR. R/W)" as indicated on that certain plat of property in Virginia Beach, Virginia, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. Adopted: June 25, 1990 2 T£LEI'IION£ (~04) 490.3901 WALLACE B. SMITH ATTORNEY AT LAW P.O. I~OX ~124 VIRGINIA BEACII,.¥A 2345~ CERTIFICATE OF vkSTING OF TITLE I, Wallace B. Smith, attorney for the City of Virginia Beach, Virginia, do certify that: 1. I am an attorney at law and represent the City of Virginia Beach. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in the City of virginia Beach, Virginia, the adjacent landowner, in fee simple ownership. That said property referred to herein is hereby described as follows: ALL THAT certain lot, piece or parcel of land : designated as "Street Closure by the City of Virginia Beach. Area to be retained as Drainage', Utility and access easement. Area = 12,403 = 0.285 acre" as shown on that certain entitled "Plat showing street closure of portion of Old Virginia Road by the ~City of Virginia, Virginia Beach Borough, Virginia Beach, Virginia, Bureau of Surveys and-.Mappings Engineering Division Department of Public Works, City of Virginia Beach, Virginia" Scale: 1' = 100' Date: June 19, 1989. Very truly you~,~ Wallace B. Smith May 9, 1990 AFFIDAVIT COMMONWEALTH OF VIRGINIA AT LARGE I, William C. Bunch, Jr., attorney for the City of Virginia Beach, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent the City of Virginia Beach. 2. That on the 6th day of June, 1990, and on the 13th day of June, 1990, notice of the presenting of the application to close a portion of that certain street known as Old Virginia Beach Road on behalf of the City of Virginia Beach was published in the Virginia Beach Sun, a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponent saith not. William C. Bunch, Jr. 1990. Subscribed and sworn to before me this ~day of ~C~0 , My commission expires: Notary Public ALL THAT certain lot, piece or parcel of land designated as "STREET CLOSURE BY CITY OF VIRGINIA BEACH. AREA TO BE RETAINED AS DRAINAGE, UTILITY AND ACCESS EASEMENT. AREA = 12,403 SQ. FT. = 0.285 ACRES" as shown on that certain plat entitled "PLAT SHOWING STREET CLOSURE OF PORTION OF OLD VIRGINIA BEACH ROAD BY CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH -- VIRGINIA BEACH, VIRGINIA" prepared by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, dated June 19, 1989, and revised July 3, 1989 Scale: 1" = 100', to which reference is hereby made for a more particular description. ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS OLD VIRGINIA BEACH ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING STREET CLOSURE OF PORTION OF OLD VIRGINIA BEACH ROAD BY CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH -- VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by the City of Virginia Beach that it would make application to the Council of the City of Virginia Beach, Virginia, on June 25, 1990, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: ALL THAT certain lot, piece or parcel of land designated as "STREET CLOSURE BY CITY OF VIRGINIA BEACH. AREA TO BE RETAINED AS DRAINAGE, UTILITYAND ACCESS EASEMENT. AREA = 12,403 SQ. FT. = 0.285 ACRES" as shown on that certain plat entitled "PLAT SHOWING STREET CLOSURE OF PORTION OF OLD VIRGINIA BEACH ROAD BY CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH -- VIRGINIA BEACH, VIRGINIA," GPIN #2417-78-6049 prepared by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, dated June 19, 1989, and revised July 3, 1989 Scale: 1" = 100', to which reference is hereby made for a more particular description. Ail of the above as shown upon that certain plat entitled "PLAT SHOWING STREET CLOSURE OF PORTION OF OLD VIRGINIA BEACH ROAD BY CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH - VIRGINIA BEACH, VIRGINIA," which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. Adopted this day of , 1990, by the Council of the City of Virginia Beach, Virginia. NOTICE PLEASE TAKE NOTICE, that at the Meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 25th day of June, 1990, at 6:00 p.m., at the City Hall of the City of Virginia Beach, at Princess Anne, the undersigned will petition the Council for the appointment of Viewers to view the below-described street and to report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing and discontinuance of a portion of same. The said portion of the street being described as follows: ALL THAT certain lot, piece or parcel of land designated as "STREET CLOSURE BY CITY OF VIRGINIA BEACH. AREA TO BE RETAINED AS DRAINAGE, UTILITY AND ACCESS EASEMENT. AREA = 12,403 SQ. FT. = 0.285 ACRES" as shown on that certain plat entitled "PLAT SHOWING STREET CLOSURE OF PORTION OF OLD VIRGINIA BEACH ROAD BY CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH -- VIRGINIA BEACH, VIRGINIA" prepared by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, dated June 19, 1989, and revised July 3, 1989 Scale: 1" = 100' to which reference is hereby made for a more particular description. At that time, anyone affected may appear and be heard. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue the portion of the street in the City of Virginia Beach, Virginia, described above. CITY OF VIRGINIA BEACH William C. Bunch, Jr., Esquire City Attorney's Office Virginia Beach, VA 23456 (804) 427-4531 Of Counsel 2 PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, the City of Virginia Beach, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1- 364 of the 1950 Code of Virginia, as amended, the petitioner applies for the vacating, closing, and discontinuance of that certain street, which is more specifically described as follows: ALL THAT certain lot, piece or parcel of land designated as "STREET CLOSURE BY CITY OF VIRGINIA BEACH. AREA TO BE RETAINED AS DRAINAGE, UTILITY AND ACCESS EASEMENT. AREA = 12,403 SQ. FT. = 0.285 ACRES" as shown on that certain plat entitled "PLAT SHOWING STREET CLOSURE OF PORTION OF OLD VIRGINIA BEACH ROAD BY CITY OF VIRGINIA BEACH VIRGINIA BEACH BOROUGH -- VIRGINIA BEACH, VIRGINIA," prepared by Bureau of Surveys and Mapping, Engineering Division, Department of Public Works, City of Virginia Beach, Virginia, dated June 19, 1989, and revised July 3, 1989 Scale: 1" = 100', to which reference is hereby made for a more particular description. Said parcel of land being a portion of Old Virginia Beach Road and shown on the plat aforesaid which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the day of , 1990, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of said street, as herein reported and described. 3. That on the 6th day of L].Jne , 1990 and the ]3th day of June , 1990, Notice of the presenting of this Application was published in the Virginia Beach Sun, a newspaper of general circulation in the City of Virginia Beach, Virginia, as evidenced by the Affidavit and Notice attached hereto. 4. That the fee simple owners of all land along and adjacent to and affected by said platted street are the Petitioner herein the City of Virginia Beach. Respectfully submitted, CITY OF VIRGINIA-BEACH William C. Bunch, Jr., Esquire Assistant City Attorney City Attorney's Office Virginia Beach, VA 23456 (804) 427-4531 OF ~DENT /IRGINIA ... IS A RESULT OF FIELD TiES TO EXIS.TING .'MONUMENTS II~.A':'FiION OF .THE DEEDS AND PI"ATS'SHOWN' HEREON AND IS NOT A BOUNDARY SURVEY. 'IDIAN SOURCE IS BASED ON VIRGINIA STATE PLA'NE COORDINATES, · 1~..__.. ~ · ' ?';:¢'i." :NOTES STREET CLOSURE OF PORTION OF OLD VIRGINIA BEACH ROAD BY.,C 'G'INIA* ·BEACH. AREA TO BE RETAINED AS DRA'INAGE, UTILITY AND ACC. ESS = 12',403 SO. FT =0.285 ACRES. WORKS, CITY OF VIRGINIA BEA, CH, VIRGINIA i ~. ~,,-,~,-,. .... ~........ .. . · l~.~-.,..~,.:.~.~'/:l:~..Al~n. ~o, NOW OR FORMERLY / I~?'""'~;'~';S'::'~z9 PG 1516 r~/ClTY oF VIRGINIA,BEACH .~ · :~ ,:~ ~ · , '' '7 P,. 9sx - ."? o.e. 495 PG. 447 .. ,~;...:.~: : , . ~ .~:[~.i.:,.;.... ~ ,; 'X ~% I- M.e. ,]6 PG. 40 ~ ' '"~ 0 ~ S '' '1~,~,~;~ ~ 175.98 ~ s 7~15'59'E / 339. Z~ .l~..~.":::~',,~ ~ I ~0~ ~.~. 9(v~. ~ ~, > ,,~ :1:~;~{~'~';:"~1. ~ V.l~llVi~ .... I . ~_ ............ · ~,~ ~. :. ,,,,-~.~;¢ .~.~ ~ ;-/ . · , , ~., ~ '1~:.~;~;,:.'"'~"' ~': ~5 I ~.7,~5' 59 w ~0.7~ :;~:1~ ~;k~' COMMONWEALTH ~X~ L .~1~]~.,'.. · ~:.. ~..... ~ ?:1 . : { ~,,,' , ~,r · '.1~1~ l.~'a DATE' JULY 0.3,1989 DATE; MAY 3 I, 1990 CITY OF VIRGINIA BEACH Closure of Old Virginia Beach Rd. Lynnhaven Borough - 48 - Item VI-I. 12. CONSENT AGENDA ITEM # 33079 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $5,767.72 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 FORM NO, C.A. 8 REV, AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. NAME Year Paid Total Advanced Cleaning Systems Inc. 1349 Hawk Avenue 1984-85 Virginia Beach, VA 23456 Altmanns Landscaping Inc. 112 N. Battlefield Blvd. Chesapeake, VA 23320 Burnett, Aida M. T/A Body Tone Figure Salon 500 Pacific South Virginia Beach, VA 23451 1989 Audit 81.83 Audit 893.68 1988-89 Audit 113.70 81.83 ~ 893.68 113.70 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,089.21 of the City of Virginia Beach on the 25 day of Certified as to Payment: Robert P. Vaughan Commissioner of the Revenue Approved as to form: City Attorney were approved by the Council Jut~e ,19 90 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. 3/86 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: License Date Base Penalty Int. NAME Year Paid Total Care 3 Inc. 5133 Brockie Street Virginia Beach, VA 23464 Cervarich, Gail S. 1024 Graydon Avenue Norfolk, VA 23507 1988-90 Audit 86.00 1989 Audit 19.46 Chemicon Corp. 1988 124 S. Lynnhaven Road, Ste. 201 Virginia Beach, VA 23452 Audit 90.56 86.00 19.46 90.56 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 196.02 2.5 of the City of Virginia Beach on the ~ day of Certified as to Payment: 4~obert P. Vaughan~:~ Commissioner of the Revenue Approved as to form: L--~slie L. Lilley y City Attorney were approved by the Council June 90 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. 3/86 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: License Date Base Penalty Int. NAME Year Paid Total Great Looks, Inc. T/A Great Looks Hair Design 1737 Sandbridge Road Virginia Beach, VA 23456 1988-89 Audit 132.47 Harry E. Pitt, Jr., Inc. 2021 Alphine Road Virginia Beach, VA 23451 1989 Audit 75.74 Karslake, Michael C. 1987-89 T/A Providence Computers 825 Greenbrier Circle, Suite 202 Chesapeake, VA 23320 Audit 98.94 132.47 75.74 98.94 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 307.15 2.5 of the City of Virginia Beach on the ~ day of Certified as to Payment: Robert P. Vaughan ~ Commissioner of the Revenue Approved as to form: · Lilley City Attorney were approved by the Council June ,19 90 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. 3/88 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: License Date Base Penalty Int. NAME Year Paid Total Chimney Hill Texaco Express, Inc. P. O. Box 1406 1988-89 Audit 747.32 Virginia Beach, VA 23451 Flowers, Mary Louise, Vice President Merchants First Mortgage Corp. C/O Margaretten & Co. Inc. 1986 621 Lynnhaven Parkway Virginia Beach, VA 23451 Frost, Willard D. 1987 T/A Frost First Colonial Esso 2028 Wolfsnare Road Virginia Beach, VA 23454 Audit 180.12 Audit 304.75 747.32 180.12 304.75 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,232.19 25 of the City of Virginia Beach on the ~ day of Certified as to Payment: Robert P. Vaughan ~ Commissioner of the Revenue Approved as to form: City Attorney / / were approved by the Council June ,19 90 Ruth Hedges Smith City Clerk FORM NO. C.A. 8 REV. 3/86 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: License Date Base Penalty Int. NAME Year Paid Total Wetsel Seed Co. Incorporated 128 W. Market Street 1989 Harrisonburg, VA 22801 Willis, Kathryn C. 1989 T/A Kathy Willis Advertising 409 Rio Drive Chesapeake, VA 23320 Willis Realty Corp. 1988 T/A Willis Furniture Hilltop, Inc. 4220 Virginia Beach Blvd. Virginia Beach, VA 23452 Winfree, Madeleine G. 1986-89 T/A American Reporting Service 1428 Shamrock Avenue Virginia Beach, VA 23455 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 2,532.03 25 of the City of Virginia Beach on the ~ day of Audit 2,295.91 2,295.91 4/26/90 84.00 84.00 Audit 14.12 14.12 Audit 138.00 138.00 Certified as to Payment: ~ P. Vaughan" - / Commissioner of the Revenue Approved as to form: were approved by the Council June 90 ,19 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. JiB6 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: License Date Base Penalty Int. Total NAME Year Paid 1989 Audit 320.00 320.00 Mashaw, Andrew J. T/A Mashaw Enterprises 4509 Powells Point Road Virginia Beach, VA 23455 Maume, Kevin L. T/A Stone Pro Masonry 4965 Athens Blvd. Virginia Beach, VA 23455 Schmidt, Gerald B. T/A We Care Lawn Care 1235 Newland Drive Virginia Beach, VA 23456 1985-87 Audit 31.12 31.12 1989 Audit 60.00 60.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 411.12 25 of the City of Virginia Beach on the ~ day of Certified as to Payment: Robert P. Vaughan - ~__~ Commissioner of the Revenue Approved as to form: "-EesJlie L. Lilley~ City Attorney were approved by the Council June ,19 90 Ruth Hodges Smith City Clerk - 49 - Item VI-I.13. CONSENT AGENDA ITEM # 33080 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOFrED: Resolution to charge-off $289,382.75 of accounts receivable as uncollectible accounts. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 A RESOLUTION TO CHARGE-OFF DELINQUENT ACCOUNTS WHEREAS, it is standard accounting procedure to allow for a charge-off of uncollectible accounts, and WHEREAS, an earnest and diligent effort has been made by city departments to collect their overdue accounts, and WHEREAS, the following accounts which total $289,382.75 are deemed to be uncollectible: Public Utilities: FY84-85 Water Usage/ Sewer Maintenance Bills Invoices for Services and Inspections Line Fee Contracts $217,237.29 44,964.12 1,671.74 Public Works: Refuse Disposal Highways 4,119.02 17,370.63 Police: False Alarms Animal Control 2,500.00 655.00 General Services 720.00 Mental Health/Respite Center 144.95 Total Amount to be Charged-Off $289,382.75 NOTE: The individual invoices are available for City Council Review. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that $289,382.75 of accounts receivable as represented above be charged-off as uncollectible accounts as of June 30, 1990. Adopted by the City Council of the City of Virginia Beach, Virginia on the 25 day of June , 1990. - 50 - Item V-H.1. PUBLIC HEARING PLANNING ITEM # 33081 Mayor Meyera E. 0berndorf DECLARED a PUBLIC HEARING on: PLANNING (a) VINTAGE INVESTMENT CORPORATION AND, THE RUNNYMEDE CORPORATION STREET CLOSURE (b) HARRY SANDT.ER STREET CLOSURE (c) E & W DEVELOPMENT CORPORATION VARIANCES (d) MURRAY G. AND JEANNE D. YEATES VARIANCE (e) LANDS END ASSOCIATES AND, JOSEPH HOUSKA MODIFICATION TO A 1AND USE PLAN VARIANCE (f) NEIGHBORHOOD ASSEMBLY OF GOD CONDITIONAL USE PERMIT (g) CHARLES A. KOVACS III CONDITIONAL USE PERMIT (h) PHILLIPS OLDSMOBILE, INC. CONDITIONAL USE PERMIT (i) GIFT OF LIFE CHURCH COOGIC CONDITIONAL USE PERMIT (j) WESLEY W. JOHNSON, TRUSTEE for NIMMO CHURCH CONDITIONAL USE PERMIT (k) HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INC. CONDITIONAL USE PERMIT (1) VICTORY INDEPENDENT BAPTIST CHURCH OF VIRGINIA BEACH CONDITIONAL USE PERMIT (m) BOOTH HILL JOINT VENTURE CONDITIONAL USE PERMIT (n) VIRGINIA MOUNTAIN HOUSING, INC. CHANGE OF ZONING CONDITIONAL USE PERMIT June 25, 1990 - 51 - Item VI-J.l.a. PUBLIC HEARING PLANNING ITEM # 33082 Michael J. Barrett, Chief Executive Officer, The Runnymede Corporation, 5101 Cleveland Street, Phone: 490-7373, represented the application. Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council AUTHORIZED FINAL APPROVAL of the application of VINTAGE INVESTMENT CORPORATION (VIRGINIA BEACH BOROUGH) for the discontinuance, closure and abandonment of a portion of Cypress Road: Application of Vintage Investment Corporation for the discontinuance, closure and abandonment of a portion of Cypress Road beginning at the southern boundary of 21st Street and running southeasterly a distance of 287.06 feet. Said parcel contains 8371.84 square feet. VIRGINIA BEACH BOROUGH Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 ORDINANCE NO. i.IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS CYPRESS ROAD, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "RESUBDIVISION OF PROPERTY OF VINTAGE INVESTMENT CORP. AND CLOSED PORTION OF CYPRESS ROAD 30' R/W" AS SHOWN ON PLAT OF CYPRESS TERRACE, WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been !given by Vintage Investment Corporation that they would make application to the Council of the City of Virginia Beach, Virginia, on November 14, 1989 to have the hereinafter described i~treet discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said street be i~discontinued, closed and vacated; !i NOW THEREFORE, ii SECTION I iBE IT ORDAINED by the Council of the City of Virginia Beach, irginia, that the hreinafter described street be discontinued, !closed and vacated, save and except a certain easement referred to :on the resubdivision plat attached hereto and referred to as a iutility easement "dedicated to the City of Virginia Beach, Area = !.8,371.8 S.F., 0.192 AC." i' Portion to be vacated is designated on the resubdivison plat i!attached hereto as "Cypress Road 30' R/W (Plat)" which plat is to ~be recorded in the Clerk's Office of the Circuit Court of the City !, i'~of Virginia Beach, Virginia, upon adoption of this Ordinance and iiis made a part hereof by reference. SECTION II " A certified copy of this Ordinance shall be filed by the Clerk's Office of the Circuit Court of the City of Virginia Beach, 'Virginia and indexed in the name of the City of Virginia Beach as ~.!Grantor and Vintage Investment Corporation as Grantee. Adopted: FINAL APPROVAL: June 25, 1990 .iGPIN 2417-87-9792 i, DEED OF RELEASE THIS DEED OF RELEASE made this }54~ day of ~-t~ , 1990, from PAVILION ASSOCIATES, L. P., party of the first part, to CITY OF VIRGINIA BEACH, VIRGINIA, party of the second part, and VINTAGE INVESTMENT CORPORATION, party of the third part, WITNESSETH: WHEREAS, the City of Virginia Beach, at the request and an application of the party of the third part, has closed a portion of Cypress Road, hereafter described, and WHEREAS, the closed portion of Cypress Road is bounded on the west by property owned by the party of the first part, and WHEREAS, the closed portion of Cypress Road is bounded on the east by property owned by the party of the third part, and WHEREAS, it is the intention of the first party to surrender any right, title, or interest it may have in all or any part of the closed portion of Cypress Road to the third party and to release the second party from any claim it may have to the closed portion of Cypress Road. Now therefore, in consideration of the payment by the third party to the first party of the sum of Seven Thousand Five Hundred Thirty-four and 66/100 Dollars ($7,534.66) and other good and valuable consideration, the receipt of which is acknowledged, the first party assigns and releases all right, title, and interest of any nature whatsoever it may have, without warranty, to the third party, the following described property (closed portion of Cypress Road): Beginning at a point that is 91.17 feet westerly from the southwesterly corner of the intersection of Cypress Avenue and 21st Street in the City of Virginia Beach, Virginia along the southerly side of 21st Street to a point; thence from said point of beginning S 83° 38' 29" W, along the southerly side of 21st Street 32.70 feet to a point; thence S 26° 20' 00" E, a distance of 28.7.06 feet along the easterly side of property now or formerly owned by Pavilion Associates, L. P. to a point; thence N 62° 55' 08" E a distance of 28.76 feet to a point on the westerly side of Cypress Avenue; thence N 25° 55' 19" W a distance of 275.52 feet along the westerly side of property now or formerly owned by Vintage Investment Corporation to the point of beginning. It being the same property, formerly Cypress Road also known as Lee Street, closed by the City of Virginia Beach by Ordinance No. dated the day of , 1990. The first party releases the second party from any and all claims and rights it may have to secure or purchase any portion of the above property, having hereinabove assigned any interest it may have to the third party. PAVILION ASSOCIATES, L. P. A Virginia Limited Par~g~ship Harry E. Padgett, General Partner COMMONWEALTH OF VIRGINIA The foregoing instrument was acknowledged before me this Jg~' day of ~-~ , 1990 by /'/F.J.~F ~o/~~F~ My Commission - 52 - Item VI-J. 1.b. PUBLIC HEARING PLANNING ITEM # 33083 Michael J. Barrett, Chief Executive Officer, The Runnymede Corporation, 5101 Cleveland Street, Phone: 490-7373, represented the application. Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council AUTHORIZED FINAL APPROVAL of the application of THE RUNNYMEDE CORPORATION (LYNNHAVEN BOROUGH) for discontinuance, closure and abandonment of a portion of Race Street and Fourth Street. Application of The Runnymede Corporation for the discontinuance, closure and abandonment of the following streets: Race Street: Beginning at the northern boundary of South Boulevard and running northerly a distance of 940 feet more or less. Fourth Street: Beginning at the eastern boundary of Poplar Street and running easterly a distance of 420 feet. Said parcels contain 1.86 acres. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THOSE CERTAIN STREETS KNOWN AS RACE STREET AND FOURTH STREETS, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "RESUBDIVISION OF LOTS 2-20, 25-40 BLOCK M AND LOTS 1-32 BLOCK P AND STREET CLOSURE OF A ~PORTION OF RACE STREET AND FOURTH STREET, PLAT OF JACKSONDALE TO iBE KNOWN AS PARCEL D" WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by The Runnymede Corporation that they would make application to the Council of the City of Virginia Beach, Virginia, on November 14, 1989 to have the hereinafter described ~street discontinued, closed and vacated; and WHEREAS, it is the judgment of the Council that said street be .discontinued, closed and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, i'closed and vacated: Portion to be closed and vacated is shown on the "Resubdivision ~of Lots 2-20, 25-40 Block M and Lots 1-32 Block P and Street !~Closure of a portion of Race Street and Fourth Street Plat of ~acksondale to be known as Parcel "D", as 63,566 sq. ft. or 1.46 !~AC and 17,625 sq. ft. or 0.40 AC, which plat is to be recorded in ithe Clerk's Office of the Circuit Court of the City of Virginia iBeach, Virginia, upon adoption of this Ordinance, and is made part hereof by reference. SECTION II ~ A certified copy of this Ordinance shall be filed by the Clerk's iOffice of the Circuit Court of the City of Virginia Beach, ]iVirginia and indexed in the name of the City of Virginia Beach as Grantor and The Runnymede Corporation and Jack Rabbit Self i Storage/Rosemont as Grantees. Adopted: FINAL APPROVAL - JUNE 25, 1990 GPIN 1487-52-7531 SOUTH gOUL£VARD (VAR. R/W) (M.B. 2, Pa 51) 1~6 25' '4 87'16'52' W :OURTH STREET (50' 2,~G. d ~4o.oo' $ 87'16'52" - 53 - Item VI-J.l.b. PUBLIC HEARING PLANNING ITEM # 33084 The City Clerk referenced a telephone call from Mr. Harry Sandier requesting this application be DEFERRED for sixty (60) days. Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council DEFERRED for sixty days until the City Council Session of August 27, 1990, the petition of HARRY SANDLER for the discontinuance, closure and abandonment of a portion of Jetty Street: Application of Harry Sandler for the discontinuance, closure and abandonment of a portion of Jetty Street begining at the southern boundary of Shore Drive and running in a southerly direction a distance of 330.64 feet more or less. Said parcel contains 18,687 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 - 54 - Item VI-J.l.c. PUBLIC HEARING PLANNING ITEM ~ 33085 Attorney Edward Bourdon, Pembroke One Building, Fifth Floor, Phone: 491-1767, represented the applicant Upon motion by Councilman Perry, seconded by Councilman Sessoms, City Council APPROVED the applications of E & W DEVELOPMENT CORPORATION for Variances to Sction 4.4(b) and 4.1(m) of the Subdivision Ordinance. A N D, Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance (Section 4.4(b), Subdivision for E and W Development Corporation. Parcels are located at the northwesten extremities of proposed Litchfield Road and Kline Drive. More detailed information is available in the Department of Planning. LYNNAHVEN BOROUGH. Appeal from Decisions of Administative Officers in regard to certain elements of the Subdivision Ordinance (Sections 5.5(a) and 4.1(m), Subdivision for E and W Development Corporation. Proposed parcels are located on the west side of Harris Road at the western extremity of Kline Drive. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. A right-of-way dedication of approximately five (5) feet is required along the entire frontage of Harris Road as it adjoins this site. 2. The developer shall incorporate a system of roadside swales and infiltration trenches into the design and construction of the site. 3. The developer shall provide easements, deed restrictions or other appropriate mechanisms to protect a shoreline buffer, defined as the ten (10) foot contour line or a fifty (50) foot distance landward. 4. The developer shall provide deed restrictions, covenants or other appropriate mechanisms which restrict the types of activities allowed within the buffer area. 5. The developer shall provide deed restrictions, covenants or other appropriate mechanisms which restrict all forms of shoreline hardening other than toe riprap protection. June 25, 1990 - 55 - Item VI-J. 1.c. PUBLIC HEARING PLANNING ITEM # 33085 (Continued) The developer shall provide deed restrictions, covenants or other appropriate mechanisms to ensure that access paths through the buffer are designed to minimize impacts upon the buffer and water quality. 7. The developer shall submit, with the subdivision construction plan, site-specific BMP (infiltration) plans which will apply to all future home construction. 8. A tree protection plan with a pre- and post-tree inventory shall be submitted with construction plans. The developer shall consult with the City Arborist prior to any land- disturbing activities. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 - 56 - Item VI-J.l.d. PUBLIC HEARING PLANNING ITEM # 33086 Attorney Edward Bourdon, Pembroke One Building, Fifth Floor, Phone: 491-1767, represented the applicant Upon motion by Councilman Sessoms, seconded by Councilman Perry, City Council APPROVED the application of MURRAY G. AND JEANNE D. YEATES for a Variance to Section 4.4(b) of the Subdivision Ordinance. Apeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Murray G. and Jeanne D. Yeates at the northeastern extremity of Herons Gate. Parcel is located at 3060 Yeates Lane. Plats with more detailed informtion are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. All wetlands must be protected from construction impacts, including sedimentation from upland activities. Prior to any clearing, grading or construction activities, contractors are required to meet with City staff to develop and implement an effective erosion and sediment control and tree protection plan. 3. City sewer is required. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. 0berndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 - 57 - Item VI-J.l.e. PUBLIC HEARING PLANNING ITEM ~ 33087 Wilfred P. Large, 244 Mustang Trail, Phone: 431-1041, reprsented the applicant Joseph Houska, the applicant, reprsented himself Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application of LANDS END ASSOCIATES for a Modification to the Land Use Plan for Ocean Lakes and the application of JOHN HOUSKA fora Variance to Section 4.1(m) of.the Subdivision Ordinance. ORDINANCE UPON APPLICATION OF LANDS END ASSOCIATIONS FOR A MODIFICATION TO THE LAND USE PLAN FOR OCEAN LAKES TO ALLOW 64 SINGLE FAMILY DETACHED DWELLINGS Z06901287 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Lands End Associates for a Modification to the Land Use Plan for Ocean Lakes to allow 64 single family detached dwellings on the south side of Bold Ruler Drive, 130 feet more or less east of Unicorn Drive. The parcel contains 11.111 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH The following conditions shall be required: 1. The subject site shall be developed for a maximum total of 64 single family lots. 2. Fifty (50) foot right-of-ways shall be depicted for all streets, except for the cul-de-sac adjacent to lots 34 through 39, at the time of preliminary subdivision review. 3. The surplus density, brought about by this modification to the Land Use Plan, cannot be transferred to any other section of the Ocean Lakes Planned Unit Development and is hereby relinquished. 4. An additional five (5) foot setback has been proffered by the applicant. AND, Application of Joseph Houska for a Variance to Section 4.1(m) of the Subdivision Ordinance. The property is Icoated on the south side of Bold Ruler Road, east of Unicorn Drive. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. June 25, 1990 - 58 - Item VI-J.l.e. PUBLIC HEARING PLANNING ITEM ~ 33087 (Continued) The following conditions shall be required: 1. This variance shall allow a fifty (50) foot right- of-way width and a thirty (30) foot pavement section. The 30-foot pavement section, as opposed to a 36-foot pavement section, will allow for street tree planting as proposed by amendments pending City Council. Said amendments have been ADOPTED by City Council on June 11, 1990. 2. Double-wide driveways residential lot. are required on each 3. This applicatin shall be subject to all applicable Ordinances in site plan review. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fifth of June~ Nineteen Hundred and Ninety. Voting: 9-1 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: Albert W. Balko June 25, 1990 - 59 - Item VI-J.l.f. PUBLIC HEARING PLANNING ITEM # 33088 Reverend Howard V. Spruill, Pastor of the Neighborhood Assembly of God, represented the application Upon motion by Councilwoman Henley, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of NEIGHBORHOOD ASSEMBLY OF GOD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF NEIGHBORHOOD ASSEMBLY OF GOD FOR A CONDITIONAL USE PERMIT R06901308 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Neighborhood Assembly of God for a Conditional Use Permit for a church and related facilities on certain property located on the east side of Princess Anne Road beginning at a point 2600 feet more or less south of Vaughan Road. Said parcel contains 11.649 acres. More detailed information is available in the Department of Planning. PUNGO BOROUGH. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fifth of June~ Nineteen Hundred and Ninety. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 - 60 - Item VI-J.l.g. PUBLIC HEARING PLANNING ITEM # 33089 Charles A. Kovacs, the applicant, represented himself Michael Arthur Rorer, 3012 Beaver Drive, Phone: OPPOSITION. 431-8817, registered in Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of CHARLES A. KOVACS, III for a Conditional Use Permit for a single-family dwelling: ORDINANCE UPON APPLICATION OF CHARLES A. KOVACS, III FOR A CONDITIONAL USE PERMIT FOR A SINGLE- FAMILY DWELLING IN THE AG-1 AGRICULTURAL DISTRICT R06901309 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Charles A. Kovacs, III has appliied for a Conditional Use Permit for a single-family dwelling in the AG-1 Agricultural District located 3400 feet more or less north of Hungarian Road beginning at a point 650 feet more or less east of the Virginia Beach-Chesapeake City Line. The parcel is located at 3460 Hungarian Road and contains 21.754 acres. More detailed information is available in the Department of Planning. BLACKWATER BOROUGH. The following condition shall be required: Row of silt fence must be placed in any drainageways and in between construction activities and any swampy land. These fences must be maintained until site is re-established. Any collected sediment must be properly disposed. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fifth of June~ Nineteen Hundred and Ninety. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko -61 - Item VI-J.l.h. PUBLIC HEARING PLANNING ITEM # 33090 Tench H. Phillips, Jr., owner, represented the application Upon motion by Councilman Perry, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of PHILLIPS OLDSMOBILE, INC. for a Conditional Use Permit for~"+~^~;'~.v..,~,.~, ~t~r~§~, .~.. ~,,~ ~.~.~,, ~ automobile sales and service: ORDINANCE UPON APPLICATION OF PHILLIPS OLDSMOBILE, INC. FOR A CONDITIONAL USE PERMIT FOR ^"~ STORAGE .... ',R .... PR ..................." AUTOMOBILE~ SALES AND SERVICE R06901310 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Phillips Oldsmobile, Inc. for a Conditional Use Permit for automobile sales and service on the south side of Cleveland Street beginning at a point 290 feet east of Opal Avenue. Said parcel contains 3 acres. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. The applicant must adhere to the screening requirements pertaining to bulk storage yards set forth in the City Zoning Ordinance, as shown on the submitted site plan. 2. The final site plan must be revised to show a reduction of the parking area to allow for the location and construction of a detention and/or infiltration Best Management Practices facility. Infiltration trenches located underneath the pavement shall not be allowed. This Ordinance shall be effective in accordance with Section 107 (f) of the Zonin; Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fifth of June~ Nineteen Hundred and Ninety. Vot i ng: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 Item VI-J.l.i. PUBLIC HEARING PLANNING Attorney Robert Cromwell, applicant - 62 - ITEM # 33091 Pembroke One, Phone: 499-8971, represented the Reverend Bernell Gatlin, Pastor of Gift of Life Church C.O.G.I.C, reprsented his application The following registered in OPPOSITION: James S. Gary, Jr., 2352 Seaboard Road, Phone: 427-3024 Thaddeus Casper, 2360 Seaboard Road, Phone: 427-2897 A MOTION was made by Councilwoman McClanan, seconded by Councilman Perry to DENY an Ordinance upon application of GIFT OF LIFE CHURCH C.O.G.I.C. for a Conditional Use Permit for a church and related facilities on the West side of Seaboard Road, 1584 feet more or less North of Princess Anne Road (2329 Seaboard Road), containing 2.95 acres (PRINCESS ANNE BOROUGH). Upon SUBSTITUTE MOTION by Councilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of GIFT OF LIFE CHURCH C.O.G.I.C. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GIFT OF LIFE CHRUCH C.O.G.I.C. FOR A CONDITIONAL USE PERMIT FOR A CHURCH AND RELATED FACILITIES R06901311 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Gift of Life Church C.O.G.I.C. for a Conditional Use Permit for a church and related facilities on the west side of Seaboard Road, 1584 feet more or less north of Princess Anne Road. Said parcel is located at 2329 Seaboard Road and contains 2.95 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Church seating capacity shall be limited to 150. This limitation shall be reconsidered by City Council, at no expense to the church, after two years. The condition of Seaboard Road and the traffic generated by the church shall be evaluated. 2. No day care services shall be provided at the church. This shall also be reconsidered by City Council after two years from the date of approval. 3. Minimum 25-foot front yard setbacks are required for the parking lot. 4. Category I landscape screening is required along the Southern and Northern property lines extending from Seaboard Road to the end of the building/parking area. 5. A rendering of the building shall be made a part of the record. 6. Approval is for a period of two years. June 25, 1990 - 63 - Item VI-J.l.i. PUBLIC HEARING PLANNING ITEM # 33091 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fifth of June~ Nineteen Hundred and Ninety. Voting: 8-2 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and John L. Perry Council Members Absent: Albert W. Balko June 25, 1990 DEPARTMENT OF PLANNING (804) 427-4621 FAX (804) 426-5667 OPERATIONS BUILDING. ROOM 115 2405 COURTHOUSE DRIVE MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456-9040 August 27, 1992 Reverend Bernell Gatlin Gift of Life Outreach Church 1621 Donna Boulevard #4 Virginia Beach, VA 23454 RE: Gift of Life Church C.O.G.I.C., Conditional Use Permit for a Church, 2329 Seaboard Road, Princess Anne Borough, Approved by City Council on June 25, 1990. Dear Reverend Gatlin, Thank you for working with us over the last several weeks to help clarify the two year time limitation attached to the above referenced conditional use permit. I am writing for your records to document how the conditions attached will be interpreted. On June 25, 1990, City Council approved the above referenced conditional use permit for a church subject to the following conditions: Church seating capacity shall be limited to 150. This limitation shall be reconsidered!' by City Council, at no expense to the church, ~fter two years. The condition of Seaboard Road and the traffic generated by the church shall be evaluated. e No day care services shall be provided at the church. This shall also be reconsidered by City Council after two years from the date of approval. Minimum 25 foot front yard setbacks are required for the parking lot. Category I landscape screening is required along the southern and northern property lines extending from Seaboard Road to the end of the building/parking area. ¸5. A rendering of the building shall be made a part of the record. 6. Approval is for a period of two years. My interpretation of condition #6 is that City Council will review the seating capacity of the church and the provision of day care services every two years, if the church desires to increase capacity or begin a day care program. Due to the significant capital outlay the church will incur to construct a building, City Council did not intend the conditional use permit to be temporary and reviewed for possible revocation every two years. I have reviewed my interpretation with the City Council and they concur. Please contact the Planning Department if your church desires to increase seating capacity or start a day care program in the future. We will be happy to work with you to bring such a request before City Council. Thank you again for your patience and help in resolving this issue. Please feel free to contact Karen Lasley or me at 426- 5790 if you have further questions. RJS: KL cc: P. 3anezeck A. McFatridge Sin¢grely, Robert J. Director - 64 - Item vI-J.1.j. PUBLIC HEARING PLANNING ITEM # 33092 Wesley W. Johnson, Trustee for NIMMO CHURCH, represented the applicant and displayed a copy of the rendering the the Church addition. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of WESLEY W. JOHNSON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WESLEY W. JOHNSON, TRUSTEE FOR NIMMO CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION R06901312 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wesley W. Johnson, Trustee for Nimmo Church, for a Conditional Use Permit for a church addition on the north side of Princess Anne Road 299.37 feet east of the intersection of Princess Anne Road and General Booth Boulevard. Said parcel is located at 2250 Princess Anne Road and contains 8.319 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Strict conformance to a Certificate of Appropriateness for construction within the Historical and Cultural District. ® An appropriate tree protective device shall be constructed around the 20-inch oak tree's drip line adjacent to the North of the church addition. Said protective devices shall be designed in consultation with the City Arborist and shall be erected prior to any land disturbance for the church addition. 3. The application shall comply with the City's landscaping Ordinance. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fifth of Junet Nineteen Hundred and Ninety. June 25, 1990 - 65 - Item VI-J. 1..j. PUBLIC HEARING PLANNING ITEM # 33092 (Continued) Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 - 66- Item VI-J.l.k. PUBLIC HEARING PLANNING ITEM # 33093 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INC. for a Conditional Use Permit: ORDINANCE UPOON APPLICATION OF HAMPTON ROADS YOUTH HOCKEY ASSOCIATION, INC. FOR A CONDITIONAL USE PERMIT FOR A BINGO HALL R06901313 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Hampton Roads Youth Hockey Association, Inc. for a Conditional Use Permit for a bingo hall on the south side of Virginia Beach Boulevard, east of South Plaza Trail. The parcel is located at 333 Virginia Beach Boulevard and contains 15,000 square feet more or less. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: 1. Approval is for a period of two (2) years. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fifth of June~ Nineteen Hundred and Ninety. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. 0berndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 - 67 - Item VI-J.I.I. PUBLIC HEARING PLANNING ITEM ~ 33094 Reverend Leslie W. Smith, Pastor of Victory Independent Baptist Church of Virginia Beach, Virginia Hugh McKinney, adjacent resident, spoke in support of the application and the compromises attained. Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of VICTORY INDEPENDENT BAPTIST CHURCH OF VIRGINIA BEACH, VIRGINIA for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VICTORY INDEPENDENT BAPTIST CHURCH OF VIRGINIA BEACH, VIRGINIA, FOR A CONDITIONAL USE PERMIT R06901314 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Victory Independent Baptist Church of Virginia Beach, Virginia, for a Conditional Use Permit for a private school (Christian Day School) on the south side of Providence Road, 41.5 feet east of Indian Lakes Boulevard. Said parcel is Icoated at 1001 Indian Lakes Boulevard and contains 4.5 acres. More detailed information is available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The first year of the Christian Day School shall consist of pre-kindergarten only. In September, 1991, the Conditional Use shall encompass all privisions for one (1) year. 2. An automatic sprinkler system and automatic fire alarm are required and shall meet the approval of the Fire Department and City Fire Protection Engineer. 3. The number of students for the first year shall be limited to four and five year olds; and, thereafter shall be limited to 75. 4. Access to the site shall be via Indian Lakes Boulevard. 5. Seventy-five (75) square feet of outdoor "play space" is required per child in the outdoor area at any given time. Said "play space" shall be located on the East side of the presently existing building. 6. Category VI landscape screening is required along the Western and Southern property lines adjacent to the single family homes. 7. No lighting shall overcast onto the adjacent single family homes. 8. There shall be no external speakers or bells of any kind. 9. In accordance with the City's Master Street and Highway Plan, a right-of-way reservation is required along this site's entire Providence Road frontage to provide for an ultimate four-lane divided arterial with a bikeway. An approximate eight (8) foot right-of-way reservation is required. 10. Approval is for a period of two (2) years. June 25. 1990 - 68 - Item VI-J.i.1. PUBLIC HEARING PLANNING ITEM # 33094 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fifth of June~ Nineteen Hundred and Ninety. Voting: 9-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Albert W. Balko and William D. Sessoms, Jr. June 25, 1990 - 69 - Item VI-J.l.m. PUBLIC HEARING PLANNING ITEM ~/ 33095 Michael H. Resh, represented the application Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council DEFERRED for one week until the City Council Session of July 2, 1990, an Ordinance upon application of BOOTH HILL JOINT VENTURE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BOOTH HILL JOINT VENTURE FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD (RECREATIONAL VEHICLES) Ordinance upon application of Booth Hill Joint Venture for a Conditional Use Permit for a bulk storage yard (recreational vehicles) on the west side of General Booth Boulevard, 1150 feet more or less north of Dam Neck Road. The parcel is located at 1489 General Booth Boulevard and contains 8 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. DEFERRAL will enable representation of the application. Voting: 8-0 Council Members Voting Aye: Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Albert W. Balko, John A. Baum and William D. Sessoms, Jr. June 25, 1990 Item VI-J.l.m. - 70 - PUBLIC HEARING PLANNING ITEM # 33095 (Continued) After the last Planning Item, the applicant, Michael Resh, returned to the City Council Chambers. Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City Council RECONSIDERED the DEFERRAL of the Ordinance upon application of BOOTH HILL JOINT VENTURE for a Conditional Use Permit for a bulk storage yard (Recreational Vehicles) Voting: 8-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: Albert W. Balko and Barbara M. Henley Jr. Councilman Sessoms ABSTAINED as he has a business relationship with American Self Storage. June 25, 1990 - 71 - Item VI-J.l.m. PUBLIC HEARING PLANNING ITEM # 33095 (Continued) Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of BOOTH HILL JOINT VENTURE for a Conditional Use Permit for a bulk storage yard (Recreational Vehicles) ORDINANCE UPON APPLICATION OF BOOTH HILL JOINT VENTURE FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD (RECREATIONAL VEHICLES) RO6901315 BE IT HEREBY ORAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Booth Hill Joint Venture for a Conditional Use Permit for a bulk storage yard (recreational vehicles) on the west side of General Booth Boulevard, 1150 feet more or less north of Dam Neck Road. The parcel is located at 1489 General Booth Boulevard and contains 8 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditoins shall be rquird: 1. No inoperative vehicles or trailers are to be stored. 2. Bulk storage is restricted to motor vehicles, recreational vehicles and boats. 3. Bulk storage is restricted to the Northwest corner as shown on the site plan. 4. No repairs of vehicles are allowed. 5. A six (6) foot solid wood fence is required on the outside of the existing fence around the entire storage area on the West and for 300 feet on the Northeast. Category I shall be installed on the Northeast side outside of the wood fence for 300 feet from the Northernmost corner. 6. A commercial site plan shall be submitted and approved before the bulk storage will be permitted. 7. The applicant shall work with City staff to review available alternatives for mitigating water quality impacts of the proposed use. Such alternatives shall not include measures which require demolition and revision to existing pavement. 8. The site, to include the drainage ditch, is to be kept free of debris. 9. Approval of this use permit will be valid for two (2) years from date of approval. June 25, 1990 Item VI-J.l.m. PUBLIC HEARING PLANNING - 72 - ITEM # 33095 (Continued) This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fifth of June~ Nineteen Hundred and Ninety. Voting: 6-2 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: John D. Moss and Nancy K. Parker Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: Albert W. Balko and Barbara M. Henley Jr. Councilman Sessoms ABSTAINED as he has a business relationship with American Self Storage. June 25, 1990 - 73 - Item VI-J.1.n. PUBL I C HEAR I NG PLANNING ITEM ~ 33096 The following registered in SUPPORT of the application: Lloyd Lee Wilson, 536 Caranby Court, Phone: 486-1532 Charles R. Ansell, 1608 Bohnhoff Drive, Phone: 490-0190, Architect for Virignia Mountain Housing, Inc. Mary L. Redd, 1294 Newland Drive, Phone: 468-6164, reprsented the Urban League/Housing Coalition Lynn Sullivan, 152 B Pinewood Road,.~hone: 422-8637 Daniel Shain, 150-2 Arctic Avenue ~6~ Phone: 428-4199 Joyce Harrison, 1408 Beecher Court, Phone: 495-1289, represented the St. Columbo Day Center Stephen F. Hamblin, 231 Apartment 3 Oceana Boulevard, represented the St. Columbo Day Center Richard DiPeppe, Endependence Center, Inc., Phone: 461-8007 Reverend Gary L. Danielson, 620 Cardamon Court, Phone: 424-6040 Father William J. Dale, 4853 Princess Anne Road, Phone: 495-1886, represented the Virginia Beach Coalition for the Homeless Joe Hawa. 1616 Duke of Windsor Road, Phone: 418-1144, represnted the Resort Retailers Association Richard H. Powell, 209 53rd Street, Phone: 428-3475, represented the Virginia Beach Christian Outreach Group Barbara Gelnett, 813 Biltmore Drive, Phone: 498-3790, Manager of the Fire Escape Robert D. Wilson, 113 Pinewood Road, Phone: 428-7853 Mary Pat Liggio, 1320 Graham Road, Phone: 481-0408 Belle Smith, 4937 Olive Grove Lane, Phone: 497-6584, reprsented the St. Columba Ecumenical Ministries Alice E. Taylor, 4937 Olive Grove Lane, represented the St. Columba Ecumenical Ministries Ellen Ferber, 1008 Birnam Woods Drive, Phone: 523-0512 Michael Arthur Rorer, 3012 Beaver Drive, Phone: 431-8817 Kristen W. Rorer, 3012 Beaver Drive, Phone: 431-8817 Joan Cannon, 1744 Laskin Road ~124 Carol Bayma, 4937 Olive Grove Lane, Phone: 497-6584 The following registered in OPPOSITION to the application: Diane T. Morris, 2416 Mohawk Trail, Phone: 340-7259, represented the mothers in the area William Cox, 2420 Mohawk Trail, Phone: 340-2548 Richard B. Morris, 2012 Blueberry Road, Phone: 481-2473 Brenda McCormick, represented Mother's, Inc. Joseph J. Hedrick, 2416 Virginia Beach Buelvard, Phone: 463-5050 Jeff Cantell, represented Mother's, Inc. William Richard Payne, Jr., 2422 Oconee Avenue, ~66, Phone: 463-6738, represented the families of Oconee Mobile Home Park Ronald Stiles, 2421 Mohawk Trail, Phone: 486-2613, reprsented the Oconee Mobile Home Park. Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council ADOPTED Ordinances upon application of VIRGINIA MOUNTAIN HOUSING, INC. for a Change of Zoning and Conditonal Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA MOUNTAIN HOUSING, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO ~--~H~-AG-2 (AS AMENDED) Z06901288 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Virginia Mountain Housing, Inc. for a Change of Zoning District Clasiflcation from B-2 Community Business District to A-!~ A?~rt~e~t D!str!ct AG-2 (AS AMENDED) Agriculture District on the north side of Virginia Beach Boulevard, 300 feet east of Byrd Lane. The parcel is located at 2420 Virginia Beach Boulevard and contains 1.5 acres. More detailed Information is available in the Department of Planning. LYNNHAVEN BOROUGH. June 25, 1990 Item VI-J.l.n. PUBLIC HEARING PLANNING - 74 - ITEM # 33096 The following conditions shall be required: 1. The existing curb cut located along the Northern property line must be removed. 2. Category VI landscaping must be installed along the entire portion of the site that adjoins Oconee Lane. AND, ORDINANCE UPON APPLICATION OF VIRGINIA MOUNTAIN HOUSING, INC. FOR A CONDITIONAL USE PERMIT FOR A GROUP HOME R06901316 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Mountain Housing, Inc. for a Conditional Use Permit for a group home on the north side of Virginia Beach Boulevard, 300 feet east of Byrd Lane. The parcel is located at 2420 Virginia Beach Boulevard and contains 1.5 acres. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Approval of the SHELTER included in this permit application shall be for a period of one (1) year. 2. Applicant is requested to provide adequate security. These Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- fifth of June~ Nineteen Hundred and Ninety. Voting: 6-4 Council Members Voting Aye: Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley Jr., Mayor Meyera E. Oberndorf, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: John A. Baum, Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: Albert W. Balko, June 25, 1990 - 75 - Item VI-L.1. NEW BUSINESS ITEM # 33097 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council RECONSIDERED and ADOPTED AMENDMENTS~: Ordinance to Amend and Reordain Section 5.5 of the Subdivision Ordinance pertaining to Curbs and Gutters and Storm Sewers and Drainage. (ADOPTED June 11, 1990). The following amendments shall be added to Section (c) (v): ~"There also shall be recorded through deed restrictions, covenants or other means, acceptable to the Director of the Department of Public Works, a statement which advises all potential purchasers that the City of Virginia Beach will not be responsible for providing and/or bearing the cost of curbs and gutters if and when owners of lots in the subdivision desire such improvements." This item was brought forward and voted upon with the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko June 25, 1990 AN ORDINANCE TO AMEND AND R~0RDAIN S]DCTION 5.5 OF THE SUBDIVISION ORDINANCE PERTAINING TO ~ AND ~ AND STO~ SEWERS AND DRAINAGE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNTA BEACh, VIRGINIA: ~nat Section 5.5 of the Subdivision Ordinance be amended and recrda~ as follows: Every subdivision shall have a drainage system adequate for the type of development proposed and so related to existing or potential surroundir~ development as to form a logical part of the coordinated system minimizing potential drainage problems for the general area. No plan or develo~ shall take such form as to create potential or actual im~t of water on, or discharge of water onto, adjacent property in such a manner as to (a) affect adversely existing development, or (b) increase problems of future development on such adjacent property, except with the written and recorded consent of the adjoining property owners affected and the approval of the Department of Public Works. To these ends, the Department of Public Works is empowered to re~,~re such changes in plans or to establish such minimum and maximum elevations and gradients in particular subdivisions or to require employment of such measures as on-site retention of storm water as necessary to provide for orderly and efficient development of coordinated drainage systems, even though the drainage proposed for a particular subdivision might be adequate for the subdivision itself. In addition, where adjoining lands are in districts with varying improvement requirements or in other cases where similar adjustments are neoessary, the Department of Public Works is ~owered to est_ablish such transitional requirements as to types of curbs and gutters, storm drains and the like as are appropriate and reasonably necessary in the circumstances of the case. (a) [Curbs and gutters] Curbs and gutters built to specifications of the Department of Public Works, as approved by the council of the City of Virginia Beach shall be requLred on all streets, except when it is determined by the director of Public Works that existing soil or site conditions would make this requirement impractical or where the use of best management practices is better promoted otherwise, in which case a waiver or modification may be authorized, provided, however, that any such waiver or modification shall be put into writing and include the reasons therefor and be made a part of the permanent application record. (b) Storm sewers and drainage. Where required by the director of Public Works, underground storm sewers meeting specifications of the Depa~-tment of Public Works, as approved by the council of the City of Virginia Beach, shall be installed; except where such requirement is waived or modified under the provisions set forth in Section 5.5(¢). Elsewhere open drainage ways meeting specifications of the department of public works, as approved by the council of the City of Virginia Beach, shall be used. (c) ~ne director of the Depa~h~nt of Public Works shall consider and may approve a waiver or modification to the rec~rements set forth in Sections 5.5(a) and 5.5(b), for a subdivision, provided that the following are met: (i) each lot in the subdivision shall be no less than fifteen thousand (15,000) square feet in area; (ii) each lot shall provide area for no fewer than four (4) o~- site parkin~ spaces; (±i±) all open drainage syst~ shall be ~ ar~ designed in accordance with the perf~ standards and design criteria of the Stormwater Management Ordinance; the proposed system of open or natural drainage ways shall be an appropriate component of a natural area protection plan to be approved for the subdivision as part of the ~x~Dess for granting a waiver or modification under t_his section. Suc~ natural area protection plan shall include: a tree inventory/ protection plan; a wetlands inventory/protection plan; provision for the protection or creation of a natural area ~uffer of sufficient width to p~event erosion, trap sediment in overland runoff, provide necessary maintenar~ access ar~ provision for the protection of any other significant natural features, including t z3ra hic relief; (v) the continued functioning and in~ity of all open drainage systems and othe~ ~ of a natural area urotection plan not within the ~ublic right-of-way shall be ensured also shall be recorded throuqh deed restrictions, covenants or other means acceptable to the director of the Depa~_nt of Public Works, a statement which advises all potential purchase_rs that the City of Virqinia Beach will not be responsible for providinq and/or bearinq the cost of curbs and qutters if and when owners of lots in the subdivision desire such i~provements. (vii) application for waiver or modification to curb and gutters and/or storm sewers and drainage may be ~sidered in co~junction with request for reduced pavement widths as set forth under Section 4.1(m)(ii) of this ordinance. (d) [Indemnification of city] Developer will indemnify, keep and hold the city, and its agents and employees, free and harmless frc~ and against all contractual liability of developer and frc~ and against all claims on account of injury to developer or any other person, firm or corporation, or damage to the prop~ of the developer, purchaser or any other person, firm or corpc~-ation, and will defend the city, and its agents and employees, against all actions and settle all claims, damages, losses and expense arising from or growing out of the city's approval of the design, camstruction and/or installation of the said drainage system. A~opted by the Council of the city of Virginia Beach, Virginia, on 25 day of June , 1990. Item VI-L.2. - 76 - NEW BUSINESS ADD-ON ITEM # 33098 Mayor Oberndorf issued PROCLAMATIONS to each of the departing Council Members and expressed deepest gratitude for their sacrifices and tireless efforts. ALBERT W. BALKO BARBARA M. HENLEY JOHN D. MOSS JOH~ L. PERRY The PROCLAMATIONS are hereby made a part of the proceedings. J~ne 25, 1990 Albert W. Balko, retired Bell Telephone official, was elected by the people to represent Lynnhaven Borough as their Member of the Virginia Beach City Council; A1 Balko has served his community and the entire City tirelessly as a dedicated, diligent and progressive member of the governing body; A1 Balko has a keen sense of others' needs and is a professional who wants to give back to his cm~munity, his service to his constituents has been extraordinaire; The Lynnhaven Borough Advisory Council has thrived under his leadership and tripled in number of regular and interested attendees with speakers from all walks of life; A1 Balko has served on the Southeastern Virginia Planning District Commission, represented the City Council and chaired the Virginia Beach School Site Selection Committee in determining the best location for many new schools, championed the widening of Virginia Beach Boulevard, strongly supported Lake Gaston as the City's source of raw water and personally exerted much effort and attention to provide the utilities necessary for'Mamie Brock's move into her new home. ~, TH~.~, I, Meyera E. Oberndorf, Mayor of the City of Virginia Beach, do hereby proclaim on behalf of all citizens, a very sincere expression of the deepest gratitude for service beyond the call to duty to: and to his lovely wife, Jean, who has shared at great sacrifice. Together they have diligently served Lynnhaven Borough and all the citizens of Virginia Beach. Given under my hand and seal this Twenty-fifth day of June, Nineteen Hundred and Ninety. Meyera E. Oherndorf Mayor Barbara Murden Henley was elected in 1078 to represent the Pungo Borough as their member of the Virginia Beach City Council and has served this cmmnunity tirelessly for twelve years as a dedicated, diligent, progressive, and articulate public servant; Her reserved, responsible, "can-do" attitude and her methodical research and scholarly approach have consistently resulted in reasoned, well thought out plans and proposals; Barbara Henley, a native of this fine city, has given unselfishly of her time, intelligence and commitment during the most critical growth years for the City of Virginia Beach, during which time she championed the cause for responsible growth management and land use planning. In the area of growth management she offered not only viable tools but also became an active participant to save and enhance our historical roots; Barbara Henley's concern for historical preservation has always reminded us to respect our past while planning for the future and she has always been friend of the environment; Her excellent service and Chairmanship on the Tidewater Transportation District Commission and her well-researched approach to ideas, concepts and issues have expanded our horizons for the potential of public transit; Barbara Henley could always be depended upon when the pendulum of debate swung too far in either direction to develop reasonable, middle ground responses that all could embrace with dignity; and, Barbara Henley has lent a stability and integrity to this city and this City Council which will stand in the annals of Virginia Beach history as one to be admired and sought after. NM, THIn, EFt, Because of her exacting service to the residents of Pungo and this entire City, the sacrifices made by her family and her tireless efforts on behalf of the City of Virginia Beach, I, Meyera E. 0berndorf, Mayor of the City of Virginia Beach, do hereby acknowledge with thanks and proclaim: as a true public servant of this great and wonderful city insuring that her many accomplishments will be remembered forever. Give under my hand and seal this Twenty-fifth day of June, Nineteen Hundred and Ninety. Meyera E. 0berndorf Mayor Councilman John Moss was elected to represent the most populus area of the City, Kempsville Borough, as their member of the Virginia Beach City Council; John Mass has unselfishly served the citizens of Virginia Beach with a dedication and energy that has given new meaning ta constitutent service and fiscal integrity; John Moss has asked the penetrating, probing, analytical questions necessary to formulate appropriate and responsible city policy for implementation by our professional employees; His innovations in financial management, such as meshing the needs af the City's ten-year Capital Improvements Program and the five-year Operating Budget, helped to create a "pay-as-you-go" system of fiscal integrity; John Moss provided his special insight on so many projects vital ta this city, including: strict upholding of the Comprehensive Land Use Plan, open space acquisition, West Kempsville High School, the New Kempsville Library and Police Precinct, his strong support in the creation of a second community park, Mount Trashmore II, to name only a few; and, John Moss served as the Mayor's representative on the "Turn Of The Century Strategic Planning" committee, representing the governing body in a five- year forecast to ensure excellence in education, provide direction in responding to the challenges -facing the City's schools and assist the School Board in developing a long range plan an the basis of the five identified priority areas, with the final draft of the report presented February 12, 1990; ~: He has given not only of his time, but that af his family, so that the Kempsville Borough might receive vigilant service far the past four years. ~, ~~J~, ~, Meyera E. Oberndorf, Mayor of the City of Virginia Beach, do hereby proclaim the deepest of public appreciation on behalf of all citizens to: for his outstanding and exacting service to the residents of Kempsville as well as citizens of the entire City and thank him for these dedicated years in which his wife and son shared him at great sacrifice. Together they have proven to be tireless public servants. Given under my hand and seal this Twenty-fifth day of June, Nineteen Hundred and Ninety. Meyera E. Oberndorf Mayor John L. Perry, being the first minority citizen elected by the people to serve as a Member of the Virginia Beach City Council; John Perry has exhibited loyal and unswerving dedication to assist minority citizens in the City of Virginia Beach by transmitting their concerns, questions and requests for service both to the City Council and to the professional staff; John Perry has demonstrated a tireless dedication in his service as a Member of the Virginia Beach City Council, representing the Bayside Borough, that belies his seventy-five years; John Perry has diligently worked to insure the completion of residential homes in the Target neighborhoods during his four years, monitored Block Grant funds and has accomplished much with the support of the entire governing body; and, John Perry, and his lovely wife, Ellen, have spent their entire lifetime helping others who were less fortunate, they have turned their golden years into a time of unselfish service, con~itment and dedication to all citizens on behalf of the City of Virginia Beach. ~, ~~, I, Meyera E. Oberndorf, Mayor of the City of Virginia Beach, on behalf of all the citizens, do hereby extend a very sincere "Thank you" to: and to his wife, Ellen, who has shared him at great sacrifice. they have served Virginia Beach. Given under my hand and seal this Twenty-fifth day of June, Hundred and Ninety. Together Nineteen Meyera E. Oberndorf Mayor - 77- Item VI-M.1. ADJOURNMENT ITEM # 33099 Upon motion by Councilman Baum, City Council ADJOURNED the Meeting, Tuesday, 2:35 A.M. Beverl~O. Hooks Chief Deputy City Clerk Rut-qS- Hodges Smith, CMC City Clerk (~. Oberndo~f ~ Mayor ~ City of Virginia Beach Virginia June 25, 1990