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HomeMy WebLinkAboutJULY 14, 1992 MINUTESCITY CA)UNCIL MAYOR MEYERA E. OBERNDORF, At.L,~e VICE MAYOR WILLIAM D. 8F_.~SOMS, JR., At.L~e ]()lin A. flAUM, Bladm~to LIN~VOOD O. BRANCtl IH. Vir~ima Bem:h ~mgh }AMES W. BRAZIER, JR., t.yn,,hdta'n ~)rough ROBERT W. CLYBURIq, Krmtntitte l~,mugh ROBERT K. DEAN. P~nctu Annt t. OUl$ R. JON~S, t~y~dt PAUL }. ~EIGNE, NANCY K. PA~ER, JAMES K. SPORE. City Man.eT LI~'.SLIE L. LILLEY, City Attorney RUTH ttODGF~ SMITH, CMC / AAE, Cily Clerk CITY COUNCIL AGENDA 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 234.56.~05 (804) 42'/.4303 July 14, 1992 ITEM I. CITY COUNCIL and SCHOOL BOARD - 10:00 AM A. JOINT WORKSHOP - SCHOOL CIP Courthouse Landing Elementary School (Cafeteria Area) ITEM II. INFORMAL SESSION - Council Chamber - 12:00 NOON A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM III. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INV(X~ATION: Reverend Mark Sandell Lynnhaven Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - July 7, 1992 G. PRESENTATION 1. RESIDE WITH PRIDE Priscilla Beede W. Kevin King John Kunz H. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one ff~tion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. Resolution authorizing the City Manager to execute a non-financial agreement with Southeastern Virginia Job Training Administration re the 1992 Job Training Partnership Act Summer Employment and Training Program. 2. Resolution directing the Director of Finance to authorize Citibank to issue and deliver to Brian J. Davis, 10318 Grenadier Way, San Antonio, Texas, a new or duplicate General Obligation Public Improvement Bond, Series of 1984, numbered R-2445, at $10,000 denomination, bearing 10% annual rate of interest, dated July 15, 1984, and maturing July 15, 1998. 3. Ordinance to APPROPRIATE $575,400 for payment to the United States Treasury Department re rebateable arbitrage on the 1987 General Obligation Improvement Bonds. 4. Ordinance to APPROPRIATE $116,000 from Community Development Program Income and TRANSFER $242,978 from the FY 1991-1992 Community Development Loan and Grant Fund to increase CIP Project 2-984 Seatack liB Street and Drainage Improvements by $358,,978. 5. Ordinance to ACCEPT and APPROPRIATE a $37,397 Department of Criminal Justice Services Grant and TRANSFER $12,466 match from various sources within the Police Department's FY 1992-1993 Operating Budget re the Street Level Narcotics Enforcement Program. 6. Ordinance to ACCEPT and APPROPRIATE $13,500 from the Virginia Department of Housing and Community Development re an Emergency Home Repair Program. 7. Ordinance to ACCEPT and APPROPRIATE $8,000 from the U.S. Department of Housing and Urban Development re the Section 8 Family Self Sufficiency Program. 8. Ordinance to TRANSFER $67,375 from various Schools CIP Projects to CIP Project 2-816 Traffic Safety Improvements re installation of a traffic signal at the entrance to Salem High School at Lynnhaven Parkway. 9. LOW BID with advance notice to proceed: A & W CONTRACTORS, INC. Seatack Street Improvements Phase II B CIP 2-984 $1,357,083.97 10. Request from Department of Parks and Recreation that the City release a standard park open space reservation site currently reserved in the Southgate III Subdivision. 11. Ordinance authorizing tax refunds in the amount of $1,379.67. I. PUBLIC HEARING 1. FY 1992-1993 SCHOOL OPERATING BUDGET PROPOSED INCREASES J. ORDINANCES 1. Ordinances to APPROPRIATE re FY 1992-1993 School Operating Budget: a. Food Services Enterprise Fund b. School Grants Fund c. School Textbook Fund d. Student Athletics Fund $14,255,521 $12,440.264 $ 3,152,100 $ 346,000 K. PUBLIC HEARING 1. PLANNING a. Application of PARCEL 4-A ASSOCIATES, L.P. for a Conditional ZoninQ Classification from I-1 Light Industrial District to B-2 Community Business District at the Southwest corner of Saber Street and Phoenix Drive, containing 11.8021 acres (LYNNHAVEN BOROUGH). Deferred: June 9, 1992 Recommendation: APPROVAL b. Application of REV. WILLIAM H. PERRY to authorize an enlargement of nonconforming use at 456 Rudder Road, containing 13,200 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL c. Ordinances authorizing temporary encroachments: 1. Portion of the City's property known as public beach at 4600 Oceanfront Avenue to R. G. and Frances R. Moore re structural improvements (VIRGINIA BEACH BOROUGH). Staff Recommendation: APPROVAL 2. Portion of the right-of-way of Windsor Crescent (undeveloped) to Jerry C. Seay re structural improvements (BAYSIDE BOROUGH). Staff Recommendation: DENIAL 3. Portion of the right-of-way of Holland Road to Holland Woods Associates re maintenance of wooden picket fence (PRINCESS ANNE BOROUGH). Staff Recommendation: DENIAL de ge Application of INDIAN RIVER PLANTATION, INC. and BRITT FARM for a Variance to Sections 4.1, 4.4 and 5.5 of the Subdivision Ordinance for reduction of pavement width, use of swales and flag lot configuration on Lots 6, 10, 27 and 38 at the Northwest corner of the intersection of West Neck Road and Indian River Road (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL Applications of THELMA BRITT HARRIS for Conditional Change of Zoning District Classifications in Transition Area II (PRINCESS ANNE BOROUGH): From R-lO Residential District to R-40 Residential District, 530 feet North of Indian River Road, 4140 feet more or less West of West Neck Road, containing 5.4 acres. From R-15 Residential District to R-40 Residential District, 1030 feet North of Indian River Road, 4900 feet more or less West of West Neck Road, containing 2 acres. From AG-2 Agricultural District to R-40 Residential District on the North side of Indian River Road, 3960 feet more or less West of West Neck Road, containing 9.7 acres. From AG-1 Agricultural District to R-40 Residential District, 620 feet North of Indian River Road, 3730 feet more or less West of West Neck Road, containing 12.9 acres. Recommendation: APPROVAL Applications of ALICE BRITT, MARY Eo BRITT and THELMA V. HARRIS for Conditional Change of Zoning District Classifications in Transition Area II (PRINCESS ANNE BOROUGH): 1. From R-lO Residential District to AG-2 Agricultural District on the North side of Indian River Road, 4010 feet more or less West of West Neck Road, containing 6.8 acres. 2. From R-20 Residential District to AG-2 Agricultural District on the North side of Indian River Road, 5600 feet more or less West of West Neck Road, containing 2.3 acres. Recommendation: APPROVAL Application of JAMES L. MILLER, Trustee, INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, L.P., THOMAS VANCE and ROBERT RIPLEY for Conditional Change of Zoning District Classifications from R-20 Residential District to AG-2 Agricultural District in Transition Area II, containing 115 acres (PRINCESS ANNE BOROUGH): Parcel 1: Parcel 2: Parce 3: Parce 4: Parce 5: Parcel 6: Parcel 7: 570 feet North of Indian River Road beginning at a point 1420 feet more or less West of West Neck Road. 1260 feet North of Indian River Road beginning at a point 450 feet more or less West of West Neck Road. 3500 feet North of Indian River Road beginning at a point 450 feet more or less West of West Neck Road. 1440 feet North of Indian River Road beginning at a point 3720 feet West of West Neck Road. 2360 feet North of Indian River Road beginning at a point 3480 feet more or less West of West Neck Road. 4000 feet Nort~ of Indian River Road beginning at a point 740 feet more or less West of West Neck Road. 1990 feet North of Indian River Road beginning at a point 4640 feet West of West Neck Road. Recommendation: APPROVAL h. Application of JAMES L. MILLER, Trustee, INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, L.P., DOCKERY LAMBERT, JR., THOMAS VANCE and ROBERT RIPLEY for Conditional Change of Zonin~ District Classifications from R-lO Residential District to AG-2 A~ricultural District in Transition Area II, containing 97.5 acres (PRINCESS ANNE BOROUGH): Parcel 1: North side of Indian River Road beginning at a point 2900 feet more or less West of West Neck Road. Parcel 2: North side of Indian River Road beginning at a point 2950 feet more or less West of West Neck Road. Parcel 3: West side of West Neck Road beginning at a point 750 feet more or less North of Indian River Road. Recommendation: APPROVAL i. Application of JAMES L. MILLER, Trustee, INDIAN RIVER PLANTATION, INC. and INDIAN RIVER COUNTRY CLUB ESTATES, L.P. for Conditional Change of Zonin9 District Classifications from R-15 Residential District to AG-2 Agricultural District in Transition Area II, containing 102.5 acres (PRINCESS ANNE BOROUGH): Parcel 1: 340 feet North of Indian River Road beginning at a point 540 feet more or less West of West Neck Road. Parcel 2: 1270 feet North of Indian River Road beginning at a point 3820 feet more or less West of West Neck Road. Parcel 3: 1750 feet North of Indian River Road beginning at a point 5500 feet more or less West of West Neck Road. Recommendation: APPROVAL j. Applications of INDIAN RIVER PLANTATION, INC., THOMAS VANCE and ROBERT RIPLEY for Conditional Chan~e of Zonin9 District Classifications in Transition Area II (PRINCESS ANNE BOROUGH): 1. From AG-2 Agricultural District to R-40 Residential District on the North side of Indian River Road beginning at a point 2240 feet more or less West of West Neck Road, containing 76.8 acres. 2. From AG-1 Agricultural District to R-40 Residential District, 620 feet North of Indian River Road beginning at a point 3750 feet West of West Neck Road, containing 22 acres. Recommendation: APPROVAL k. Applications of INDIAN RIVER PLANTATION, INC., and INDIAN RIVER COUNTRY CLUB ESTATES, L.P. for Conditional Use Permit for a recreation facility of an outdoor nature (~olf course) at the Northwest intersection of Indian River Road and West Neck Road, in Transition Area II, containing 180.4 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL AMEND the City's Co~rehensive Plan to revise land use policies and recommendations affecting those parcels adjacent to and in the general vicinity of General Booth Boulevard from Oceana Boulevard to Princess Anne Road. Recommendation: APPROVAL L. APPOINTMENTS ADVERTISING ADVISORY REVIEW COMMITTEE ARTS AND HUMANITIES COMMISSION CLEAN COMMUNITY COMMISSION DEVELOPMENT AUTHORITY HUMAN RIGHTS COMMISSION - Resignations MILITARY LIAISON COMMISSION PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES BOARD WETLANDS BOARD M. UNFINISHED BUSINESS 1. Ordinance restricting travel expenses for Council Members. (Sponsored by Councilman John D. Moss) N. NEW BUSINESS Resolution directing the Planning Commission study and forward to City Council its recommended amendments re the City Zoning Ordinance as it relates to Adult Bookstores. (Sponsored by Councilman Louis R. Jones) O. ADJOURNMENT CITY COUNCIL RECESS JULY 15 - 31, 1992 CITY COUNCIL LEADERSHIP/GOAL SETTING WORKSHOP AUGUST 21-22, 1992 If you are physically disabled, hearing or visually impaired and need assistance at this meeting, please call DONNA JOHNSTON at 427-4283 VOICE or TDD no less than fourty-eight hours 7/8/92 rolm/crud MINUTES VIRGINIA BEACH CITY COUNCIl. Virginia Beach, Virginia July 14, 1992 Vice Mayor William D. Sessoms, Jr. called to order the JOINT WORKSHOP of the VIRGINIA BEACH CITY COUNCIL and the VIRGINIA BEACH SCHOOL relative the School Capital Improvement Program in the Courthouse Landing Elementary School (Cafeteria Area) Tuesday, July 14, 1992, at 10:00 P.M. Council Members Present: John A. Baum, Linwood 0.' Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Mayor Meyera E. Oberndorf John D. Moss (ENTERED: 10:20 A.M.) (ENTERED: 10:25 A.M.) School Board Members Present: Susan L. Creamer, Gerald G. Gibbs, Robert W. Hall, Dr. M. Boyd Jones, June Turner Kernutt, Edward G. Kreyling, Jr., Chairman Samuel W. Meekins, Martin J. Mulderrig, Jr. and Louisa M. Strayhorn School Board Members Absent: William H. Barnes and Cynthia M. Davenport -2 - ITEM # 35846 Mayor Meyera E. Oberndorf cai ed to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday, July 14, 1992, at 1:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None July 14, 1992 -3- ITEM # 35847 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments: Advertising Advisory Review Committee Arts and Humanities Commission Clean Community Commission Development Authority Human Rights Commission Military Liaison Commission Parks and Recreation Commission Public Library Board Social Services Board Sports Authority of Hampton Roads Wetlands Board To-Wit: Staff Appointments: Assistant City Attorneys Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 -4- F ORNAL SE SS I ON VIRGINIA BEACH CITY COUNCIL July 14, 1992 2:00 P.M. ITEM # 35848 Mayor Meyera E. Oberndorf called to order the FORNAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 14, 1992, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Mark Sandell Lynnhaven Presbyterian Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF ANERICA July 14, 1992 -5 - Item I II-E.1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 35849 Upon motion by Councilwoman Parker, seconded by Councilman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WiTH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Me~ers Absent: Vice Mayor William D. Sessoms, Jr. July 14, 1992 -6- Beso u ton 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 # 35847, Page No. 3, 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. Ru~h Hodges S~th, CMC/AAE City Clerk July 14, 1992 -7 - Item III-E.1. MINUTES ITEM # 35850 Upon motion by Councilwoman Parker, seconded by Councilman Clyburn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of July 7, 1992. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. July 14, 1992 -8 - Item III-E.2. ANNOUNCEMENT ITEM # 35851 Mayor Oberndorf recognized the Boy Scouts in attendance to earn their Merit Badges: llROOP 499 David Kern, Sr. Patrol Leader July 14, 1992 Item I II-G. 1. - 9- PRESENTATION RESIDE WITH PRIDE ITEM # 35852 Co-Chair W. Kevin King - Reside with Pride Committee, advised the Committee was formed in March 1992 for the purpose of developing a program to protect the City's housing stock as it matures. The Committee hopes to provide support, guidance and resources in addressing the needs of those interested neighborhoods. Three subcommittees have been formed: Residential: This committee had two goals: (1) To organize neighborhood campaigns to paint, fix and clean neighborhoods. (2) To identify residents with extenuating circumstances, who are unable to fix up their residence. Public Awareness: To inform residents of the importance of fixing up their homes and to provide information and workshops to assist in accomplishing this purpose. To coordinate the public education efforts of Reside with Pride Week. Codes: To develop policies and procedures which will facilitate the City and neighborhood/community groups working together to address housing issues. This Committee has established two short term goals: (1) Establishing effective partnerships with civic leagues and homeowners associations (HOAs) to enforce property maintenance standards, including planning and implementing a minimum of two pilot projects, using neighborhoods volunteers to report code violations. (2) Explore the alternative of using fines verses criminal prosecution and penalties to enforce local property maintenance codes. This will involve the review of similar programs in other cities and the legal feasibility of this approach. A public hearing is being scheduled on September Thirtieth to solicit public input concerning how local codes should be changed, enhanced and enforced. Co-Chair King advised the development of a logo, designed and prepared by the Virginia Pilot/Ledger Star advertising department. John Kunz and Mason Moton, Co-Chairs of the Residential Subcommittee, presented, with the utilization of slides, the ho~s rehabilitated during Awareness Week (June 15 thru June 21, 1992). Three homes for elderly residents were rehabilitated: Two (2) located in Seatack and one (1) at Twenty-Seventh Street. Co-Chair Kunz cited the following contributors to the Reside with Pride Project: Home Quarters Warehouse, U.S. Navy Seabee Volunteers, Norfolk Paint, Kempsville Building Material, Taylors Do It Center, Georgia-Pacific, the Sheriff's Work Release, Bank of Tidewater, Fraternal Order of Police, T. J. White, Inc. - Landscapers, Bay Disposal, Tarmac, Tidewater Builder's Assoc./Remodelers Council, Spivey Rental, McDonalds, Wendy's, Little Ceasars, Kentucky Fried Chicken and Jack Rabbit Self Storage. Committee members made contact and began working with the following neighborhoods to determine who the committee could assist with their neighborhoods: Woodstock, Kemspville Lakes, Plaza, Green Run, Diamond Springs, Timberlake, Seatack and Lake Edward. Bayville Park and Croatan provided flyers concerning the program to each household. Pembroke Manor began addressing this issue at their last Civic League meeting. July 14, 1992 Item I II-G.1. PRESENTATION RESIDE WITH PRIDE -10 - ITEM # 35852 (Continued) Co-Chair Kevin King advised the Residential Subcommittee has organized a city- wide trash pick up which commenced last week and is continuing this week. On regular garbage collection days, the City can place any type of regular trash accumulated with the exception of building materials, automotive parts and liquids. In the first three days of last week, 4500 tons of trash were collected in addition to regular garbage with a participation rate of 33% among the community (approximately 33,000 homes). Co-Chair Priscilla Beede discussed the publicity efforts during Awareness Week: Prepared a newspaper supplement, with funding provided by the Public Information Office, and supplemented by paid advertising secured by the newspaper advertising staff. Distributed News Releases to local television and radio stations. WTKR-TV aired a story on Monday, July 13, 1992, relative Reside with Pride. A thirty-second public service announcement was prepared by the City's MCN 29 and distributed to five television stations and Cox Cable. Arranged interviews with the Virginia Pilot/Ledger Star, wrote and placed a "thank you letter" to the editor. Distributed flyers at Strawberry Festival, Mayfest, with Civic League newsletters, et volunteers were recruited. Chamber of Commerce ceterea. Over 200 Seminars were organized concerning how to select a remodeler, lawn care, et cetera. The Public Information Office arranged interviews for eleven radio and television talk shows. Posters were designed and printed by the Virginian Pilot/Ledger Star advertising staff and distributed to all members and were placed in public buildings and business. Two hundred posters were distributed. The Department of Public Libraries displayed books and videotapes to help residents with "how tow projects. The Beam published an article in the May 1992 issue. A Speakers Bureau was established of committee members and City Staff to talk about the program and act as liaisons with interested neighborhoods. Meetings were held with Lake Edward, Kemspville Lakes, Woodstock, Seatack and Diamond Springs. Kevin King reiterated ~future activities. On October 19, 1992, at 7:00 P.M. at the Pavilion, the Roanoke Neighborhood Partnership will present information on their accomplishments. This program is one of the most successful on the East Coast. The National Association of neighborhoods has a Kellog Foundation Grant to organize two neighborhoods. If the grant is approved, the neighborhoods would identify three to five "leaders" to be trained on how to organize their community to complete a project. The grant includes funds for a project that they would organize and complete. Although funds for this year have been distributed, this grant is a possibility for next year. The Virginia Air National Guard Construction Division called to offer their assistance with future Reside with Pride projects. The Knights of Columbus is interested in assisting with this project. The Fraternal Order of Police has provided $500 "seed money" for next year's Reside with Pride Project. The Committee is in the process of the developing and securing sponsors for a Reside with Pride newsletter. July 14, 1992 -11 - Item I I-H. CONSENT AGENDA ITEM # 35853 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE NOTION Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 -12- Item I I-H.1 CONSENT AGENDA ITEM # 35854 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution authorizing the City Manager to execute a non-financial agreement with Southeastern Virginia Job Training Administration re the 1992 Job Training Partnership Act Summer Employment and Training Program. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 1 2 3 4 5 6 7 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION FOR THE 1992 JOB TRAINING PARTNERSHIP ACT SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28' 29 3O 31 WHEREAS, Southeastern Virginia Job Training Administration (SVJTA) has entered into an agreement with the State of Virginia for a grant to implement the Job Training Partnership Act Summer Youth Employment and Training Program; WHEREAS, SVJTA has notified the City that the Program will provide summer employment for approximately 220 economically disadvantaged youth between the ages of 14 and 21 in sub-entry level positions with City Departments and the School Board; WHEREAS, SVJTA will receive and administer the funds and the City and School Board will plan and direct the work activities; and WHEREAS, administration of the Program will not result in any direct costs to the City or the School Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute an agreement with SVJTA for the City's participation in the 1992 Job Training Program. approved. adoption. Partnership Act Summer Youth Employment and Training Said agreement is attached hereto and the same is hereby This Resolution shall be effective from the date of its Virginia, on the Adopted by the Council of the city of Virginia Beach, 14 day of July , 1992. 32 33 34 CA-4753 ORDIN\NONCODE \ SVJTA. RES R-1 ~,,.r.-,,. OVED ~5 TO. CONTENf$ AGREEMENT THIS NON-FINANCIAL AGREEMENT, entered into this first day of June, 1992, by and between the Southeastern Virginia Job Training Administration, a consortium of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach, and the Counties of Isle of Wight and Southampton, pursuant to the authority granted by Section 15.1-21 of the Code of Virginia, 1950, as amended, hereinafter referred as "SVJTA", having its principal offices at the Circle East Office Building, Suite 223, Norfolk, Virginia 23502 and the City of Virginia Beach existing under and by virtue of the laws of the State of Virginia hereinafter referred to as the "Agent" having its principal Municipal Center office at Virqinia Beach, Virginia to begin by the first day of June, 1992, and to be completed by the thirty-first day of August, 1992. WITNESSETH THAT: WHEREAS, SVJTA has entered into an Agreement with the State of Virginia for a grant for the execution and implementation of a Job Training Partnership Act (JTPA) program; AND WHEREAS, the elected officials comprising SVJTA and the officials of the State of Virginia are desirous of providing job training which will lead to enhanced self-sufficiency; AND WHEREAS, SVJTA and the "AGENT" desire to provide meaningful employment for economically disadvantaged youths between the ages of fourteen (14) and twenty-one (21). NOW THEREFORE, in consideration of the premises and the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto agree and understand as follows: ARTICLE I: AGREEMENT PURPOSE AND DEFINITION~; 100. PURPOSE It is the purpose of this Agreement to state the covenants and conditions which SVJTA and the Agent will implement to provide Training and Employment Services, specifically summer work experience opportunities to eligible youths as described herein, to be funded under the guidelines of JTPA, and under the contracting powers of SVJTA. 101. DEFINITIONS 101.1 101.2 101.3 101.4 101.5 "Agent" shall mean the participating governmental unit or nonprofit agency. "Counselor,, shall mean a SVJTA/SYETP staff person who shall serve as liaison between SYETP, the site and the participants by providing technical assistance and resolving job site problems. "DOL" shall mean the Department of Labor. "Economically disadvantaged,, shall mean that income level as determined by the DOL and the State of Virginia as being below poverty guidelines as certified by SVJTA. "GETD" shall mean the Governor's Employment and Training Department of the State of Virginia. 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 "Job Site/Worksite,, shall mean the physical location and the Department of the participating Agent to which the youth is assigned. "Job Order" shall mean the SVJTA/SYETP JOB ORDER form (and attachments thereto) used as an application for requesting work sites/job slots for SYETP participants and which is incorporated into and made a part of this Agreement. "JTPA" shall mean the Job Training Partnership Act of 1982 as amended. "Participant,, shall mean a JTPA eligible youth referred by SVJTA for placement to Agent and who is between the ages of fourteen (14) and twenty-one (21). "Program"-shall mean the activities and services to be provided by the'Agent under this Agreement. "SVJTA" shall mean the Southeastern Virginia Job Training Administration. "State" shall mean the Commonwealth of Virginia. "SYETP', shall mean Summer Youth Employment and Training Program. "Worksite Supervisor,, shall mean Agent's personnel designated by Agent to provide continuous on-site supervision and direction to SYETP participants at Agent's worksite(s) and who will be responsible for verifying SYETP participants, timesheets. "Youth" shall mean a person between the ages of fourteen (14) and twenty-one (21) at the time of certification. ARTICLE II: PROGRAM OPERATIONS 200. PROGRAM The program to be provided shall be a work experience operation, wherein a youth referred by SVJTA to the Agent, is given job duties to perform under the guidance and leadership of the Agent in accordance with the JTPA. 201. RESPONSIBILITIES OF AGENT 201.1 The Agent shall plan and direct participant work activities in accordance with the applicable Federal and State Child Labor Law Acts, rules and regulations,' and other applicable State and local laws which are available from SVJTA upon request. 201.2 The Agent shall direct participant(s) work activities in accordance with their training plan/job order(s) and/or job description(s), which are hereby incorporated by reference and made a part of this Agreement. The Agent shall comply with the Job Training Partnership Act of 1982 as amended and the regulations promulgated thereunder especially as they relate to the SYETP. The Agent shall ensure that all of the Agent's personnel, including any alternate staff, who will be involved in supervising the SYETP participants shall attend the SYETP Worksite Supervisor's training session conducted by SVJTA, which will be held during the months of May and June, 1992. 201.3 201.4 201.5 201.6 201.7 201.8 201.9 The Agent shall provide program orientation and training for their worksite supervisory personnel directly responsible for the supervision of SYETP participants, as to the Agent's responsibilities and obligations under this Agreement. The Agent shall notify SVJTA/SYETP immediately of any temporary and/or ongoing changes in the designation of personnel who will be supervising youth. The Agent shall be accountable for maintaining SVJTA/SYETP participant timesheets by keeping accurate time and attendance records, recording time in segments of fifteen (i5) minutes, assuring and supervising the proper completion of SYETP participant timesheets consistent with instructions furnished by SVJTA/SYETP and certifying their accuracy by signing the participant timesheet(s). The Agent shall not require participants to work more than the hours reflected in the Job Order/Training Plan not to exceed forty (40) hours per week. The Agent shall not knowingly employ or refer for eligibility certification any youth if a member of the youth's immediate family is engaged in an administrative capacity for the contractor or SVJTA. 201.10 201.11 a. For the purpose of this section: (1) The term "employ" means hire, or place by transfer or any other means of whatsoever nature. (2) The term "immediate family" means a person's spouse and any other relative, by blood, marriage (including step-children and step-parents) or adoption, who resides in the person's household. (3) The term "person in an administrative capacity', means the members of a public or private governing board or council, persons having overall administrative responsibility, and persons in subordinate positions thereto having selection, hiring, placement or supervisory responsibilities regarding or over a person to be employed at the time of, or subsequent to, employment. The Agent warrants that no youth will be involved in a work experience activity that contributes or could be expected to contribute to additional sales or income of the Agent or which will otherwise result in the subsidization of wages for the Agent's organization. The Agent assures that all sites where participants will be assigned have the capability and facilities to provide services to s~mmmer youths in a sanitary and safe environment. 201.12 201.13 201.14 201.15 201.16 The Agent's worksite shall conform to normal routines and functions befitting a reasonable business establishment, including, but not limited to, the provision of safe working conditions, appropriate supervision on the premises at all times, and the development of positive work habits. The Agent shall assure it will have supervisory personnel who will act as worksite supervisors for each of the Agent's worksites so as to provide for continuous on-site supervision of participants. The Agent understands that the program it is operating is a single site work experience program, which means that all job sites at which youths are to be located must be part of the Agent's organization. Under no circumstances shall a participant be placed at a site other than the Agent's designated worksite, unless prior written permission is granted by SVJTA for outstationing and in such instances under no circumstances shall the outstationing site be a private for profit agency. The Agent shall maintain according to sound management procedures records and files, containing, but not limited to, timesheets, attendance records, supervisor assignments, and personnel changes, relating to the Agent's operation of the SYETP program. The Agent shall make original and/or certified copies of any reports, plans, surveys, information, documents, maps or other data produced or developed 201.17 201.18 201.19 201.20 201.21 by the Agent in execution of the project covered by this Agreement, available to SVJTA, the GETD and/or the Department of Labor (DOL) at any time upon reasonable notice for the purpose of program audit, examination, and review, even though the Agent may at the time of the request no longer be operating programs for SVJTA. The Agent shall keep Copies of all records pertaining to the operation of this Agreement and any Amendment hereto for three (3) years following the expiration of this Agreement. The aforementioned records will be retained beyond the three (3) years if any litigation or audit is begun or if a claim is instituted involving the grant or agreement covered by the records. In these instances, the records will be retained until the litigation, audit or claim has been finally resolved. The Agent shall incorporate additional Assurances and Certifications, attached hereto as Exhibit A into this Agreement. The Agent shall cooperate with SVJTA/SYETP in conducting Orientation for SYETP participants. The Agent shall inform SVJTA/SYETP staff immediately should an accident or injury occur at the job site, affecting or involving a participant, in compliance with Exhibit D. The Agent shall notify SYETP staff of any problem concerning a par~icipant,s performance at a worksite. 201.22 201.23 The Agent understands and agrees that no qualified handicapped individual shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under this SYETP program. Agent understands that JTPA funds shall not be used in any way to promote or oppose union activities. a. No individual shall be required to join a union as a condition for enrollment in a JTPA program. b. No participant may be placed into, or remain working in any position which is affected by labor disputes involving a work stoppage. If such a work stoppage occurs, participants in affected positions must: 1. Be relocated to positions not affected by the dispute; 2. Be placed on leave; 3. If participants belong to the labor union involved in a work stoppage, they must be treated in the same manner as any union member. Such members must not remain working in the affected position. The contractor shall make every effort to relocate participants who wish to remain working into suitable positions unaffected by the work stoppage. 201.24 The Agent agrees to maintain the confidentiality of any information regarding SYETP participants or their immediate families which may be obtained through application forms, interviews, tests, reports from public agencies, counselors or any other source. 202. RESPONSIBILITIES OF SVJTA 202.1 SVJTA shall provide "Counselors,, to provide technical assistance and aid in the supervision of the youths, respectively. 202.2 SVJTA shall provide technical assistance with regard to complying with program requirements. 202.3 SVJTA shall assist the worksite supervisor in resolving any problems concerning the youth's performance on the job by responding to the Agent's notice as per Section 201.21 above. 202.4 SVJTA shall hear all grievances concerning program participants, performance at the job site and shall remove a participant from the program upon a determination of cause after such hearing. 202.5 SVJTA shall provide Worker's Compensation for all Summer Youth Employment and Training Program (SYETP) participants and SVJTA employees. 202.6 SVJTA shall provide counseling and supportive services to the SYETP participants. 202.7 202.8 202.9 SVJTA shall be responsible for picking up participant timesheets and distributing participant paychecks dependent on Agent's submission of properly certified timesheets. SVJTA shall evaluate and monitor the Agent's program, including, but not limited to, providing written statements as to corrective actions to.be taken on the part of the Agent. SVJTA shall be responsible for providing Program Orientation to SVJTA/SYETP participants. 300. ARTICLE III: GENERAL OBLIGATIONS GENERAL PROVISIONS 300.1 The Agent shall allow SVJTA or any of its agents, the GETD and the D0L to visit the Agent's worksites, and monitor, report problems, require corrective action within specified time periods or close worksites without prior notice other than a written notification to be delivered to the Agent at the time of the closing of the worksites, where SVJTA, the GETD, or DOL~find serious or continual violations of JTPA, the JTPA regulations or other federal, state or local laws which violations are not being remedied, or where SVJTA, GETD, or DOL find noncompliance with any of the terms or conditions under this Agreement. 300.2 300.3 300.4 Other than as provided herein, notice shall be required to be given to SVJTA under this Agreement, and shall be sufficient when hand delivered or mailed to SVJTA at its office at the Circle East Office Building, Suite 223, Norfolk, Virginia 23502. All notices required to be given to the Agent under this Agreement shall be sufficient when hand delivered or mailed to the Agent at its office located at Municipal Center Virginia Beach, Virginia . Termination This Agreement may be terminated as follows: a. SVJTA may at its discretion terminate this Agreement without penalty in the event that JTPA funds become unavailable to SVJTA for performance under this Agreement. b. SVJTA or the Agent may request a termination for convenience upon fifteen (15) days prior written notice to the other party. c. SVJTA may terminate this Agreement at any time that the SVJTA authorized representative, who shall be the SVJTA Executive Director determines that: 1. the Agent has failed to comply with any of the provisions contained in this Agreement or any Amendment hereto; or 400. 2. the Agent fails to perform in whole or in part under this Agreement or fails to take corrective action after receiving oral or written requests to do so within an appropriate time period as may be stipulated by SVJTA. ARTICLE IV: INCORPORATION CLAUSES DOCUMENTS TO BE INCORPORATED INTO THE AGREEMENT The following documents are hereby incorporated into and made a part of this Agreement. 400.1 Labor Laws of Virginia (Code of Virginia of 1950 and 1982 cumulative supplement) and the Virginia Rules and Regulations declaring hazardous occupations as promulgated by Commissioner, Virginia Department of Labor and Industry (effective date November 1, 1979). (Available Upon Request) 400.2 400.3 400.4 400.5 General Assurances and Certifications. (Exhibit A) JTPA Rules and Regulations governing the operation of the Summer Youth Employment and Training Program. (Available Upon Request) Summer Youth Employment and Training Program Worksite Supervisor,s Handbook developed by SVJTA. (Exhibit B) Completed Job Orders/Training Plans to be incorporated into'this Agreement. (Exhibit.c) 500. 400.6 SVJTA Memorandum, Medical Authorization for Work Related Injuries. (Exhibit D) ARTICLE V: COMPENSATION PARTICIPANT WAGES 500.1 SVJTA shall be responsible for the payment of wages to the SYETP participants based upon: a. the prevailing minimum wage in effect during the contract period, and b. the actual time spent in the program activity as recorded and verified by the Agent on the timesheets submitted to SVJTA. 600. ARTICLE VI. PROHIBITED ACTIVITIES 600.2 UNALLOWABLE ACTIVITIES:. 600.1 No participants may engage in partisan or non-partisan political activities during hours for which that person is paid for with or receives training supported by JTPA funds and no participant may engage in any political activity in which such participant represents himself or herself as a spokesperson of any JTPA program, activity or organization. No participant may be employed in a position involving political activities in the office of an elected official. JTPA funded programs and activities may not be used to support any religious or anti-religious activity. Participants may not perform 600.3 functions which provide direct religious education services. Participants shall not be employed in the construction, operation, or maintenance of any facility that is used or to be used for sectarian instruction or as a place of religious worship. Under JTPA Regulations, placement of a JTPA participant in private-for-profit activities wherein the activities of the participant can be expected to profit the employer or the product of the participant,s work provides a profit for any private or non-profit organization is prohibited in Summer Youth Employment and Training Program and activities. IN WITNESS HEREOF, THE City of Virqinia Beach (Name of Organization, Governing Body) has caused this Agreement to be executed and signed in its name by James Spore (Name of Authorized Signature) its City Manaqer (Title of Authorized Signature) and the SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION has caused this Agreement to be executed and signed in its name by Richard A. Sciullo, Executive Director, all as of the date and year first written above. APPROVED AS TO CONTENT: Director of Human Resources (Signature of Agent) James Spore City Manager (Name and Title) SOUTHEASTERN VIRGINIA JOB TRAINING ADMINISTRATION Executive Director ASSURANCES AND CERTIFICATIONS FOR 1992 SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM EXHIBIT GENERAL ASSURANCES 1. The employer assures and certifies that it will comply with the requirements of the Job Training Partnership Act of 1982 (Public Law 97-300) hereafter referred to as the Act, and the regulations and policies promulgated thereunder by the U.S. Department of Labor, the State of Virginia, and the Southeastern Virginia Job Training Administration. In addition to the requirements of 1. above, and consistent with the regulations issued pursuant to the Act, the employer makes the following further assurances and certifications: a. It will comply with Title VI and VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, the Rehabilitation Act and the Age Discrimination Act in that no person shall be excluded from participation in, or be denied the benefits of, any JTPA funded program because of race, color, sex, national origin, religion, age, handicap, citizenship, or political affiliation or belief. b. Appropriate standards for health and safety in work and training situations will be maintained. c. Condition of employment or training will be appropriate and reasonable with regard to the type of work, the geographical region and the proficiency of the participant. d. The program will not result in the displacement of employed workers, or impair existing contracts for services or result in the substitution, of Federal funds for other funds in connection with ~.~ork that should otherwise be performed. ASSURANCES AND CERTIFICATIONS FOR 1992 SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM e. No funds will be used to train participants to fill a job opening created by the action of an employer in laying off or terminating the employment of any other employee of the employer in anticipation of filling the vacancy so created by the hiring of a JTPA trainee. f. No officer or employee of the Agent shall solicit or accept gratuities, favors or anything of monetary value from any actual or potential subcontractor or from any staff person or elected official connected with SVJTA. g. Agent agrees to comply with the Virginia Rules and Regulations Declaring Hazardous Occupations with respect to the employment of youths under eighteen (18) years of age. h. Agent agrees to comply with the Labor Laws of Virginia (Code of Virgi'~a of 1950 and the 1982 Cummulative Supplement) with respect to the employment of youths between fourteen (14) and eighteen (18) years of age. i. Agent agrees to comply with the Child Labor Laws of the Fair Labor Standards Act, 29 USC 203 (1938), as amended. j. Agent assures that they have sufficient capability to operate the Summer Youth Employment Program. k. Agent assures that all of their personnel %.li'll have basic training in the program and the JTPA Regulations before the Summer Program begins. -13- Item I I-H.2 CONSENT AGENDA ITEM # 35855 Upon motion by Vice Mayor Sesso~, seconded by Councilman Branch, City Council ADOPTED: Resolution directing the Director of Finance to authorize Citibank to issue and deliver to Brian J. Davis, 10318 Grenadier Way, San Antonio, Texas, a new or duplicate General Obligation Public Improve~nt Bond, Series of 1984, numbered R-2445, at $10,000 denomination, bearing 10% annual rate of interest, dated July 15, 1984, and maturing July 15, 1998. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 1 2 A RESOLUTION TO AUTHORIZE REPLACEMENT OF A LOST BOND 3 4 5 6 7 8 9 10 11 12 13 14 15 WHEREAS, Wilfred Davis died on December 10, 1989; WHEREAS, Mr. Brian J. Davis of 10318 Grenadier Way, San Antonio, Texas, has affirmed that he is the sole legal and beneficial owner of City of Virginia Beach, Virginia General Obligation Public Improvement Bond, Series of 1984, R/N/O Wilfred Davis and Brian J. Davis, Joint Tenants, numbered R-2445, at $10,000 denomination, bearing 10% annual rate of interest, dated July 15, 1984, and maturing July 15, 1998; WHEREAS, Mr. Davis has also affirmed that the said security has been lost; and WHEREAS, Mr. Davis has complied with all legal provisions to effect replacement of said security by providing appropriate affidavits and indemnities. 16 17 18 19 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that the Director of Finance is directed to authorize Citibank, N.A., the Registrar on said bond, to issue and deliver to Mr. Brian J. Davis of 10318 Grenadier Way, San Antonio, Texas a new or duplicate of the lost bond in the amount of Ten Thousand Dollars ($10,000). 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of July , i992. 24 25 26 CA-92-4574 RES\NONCODE\BOND-R.RES R-2 ,APPROVED AS TO CONTE~ J S DI~PARTMENT A':"-~ROVED AS TO LEGAL F~CiENCY AND FORM CiTY ATTORNEY CHUBB GROUP of Insurance Companies 51 John F Kennedy Parkway, Short Hills, New Jersey 07078 FTLE.a, 50!~75 FEDERAL INSURANCE COMPANY LOST ORIGINAL INSTRUMENTS AFFIDAVIT AND AGREEMENT IN CONNECTION WITH BLANKET LOST ORIGINAL INSTRUMENTS BOND Transfer Agent, please complete prior to slgnalure of affiant: 1. Blanket Bond No.8000 - 28 - 49 in favor of CITIBANK, N.A. 2. Coverage required: (><) open penalty; (:x) fixed penalty $ 3. Current market value of security $ '1 9 ~ 0 0 0 4. Surety bond premium $ 2. R';;: O0 5. Complete description of Lost Orlginal lnstruments: C'TT_V O? V'r-RGT--N'rA _.gEACH BOND ~RPTR~ 3984 hm~ 7/35/R~_ - _nU_w. 7/15/1998 ~OND ~ r-24~45 W~R $1 ~; ~0~, Of) W_/N/O WILFRED DALrL~,' & BRTAN j DAVTS JT TEN (first named obllgee) !0.0% WATER & SEWER State of Texas t ss. County of Bexar Affiant, Brian J. Davis residing at 10318 Grenadier Way San Antonio Texas (Street) (City) (State) being first duly sworn, states that: 1. Affiant is __years of age; that affiant's business or occupation is U.S. Government __; and that affiant, unless otherwise stated herein, is the lawful owner and is entitled to possession of above described securities (herein collectively called the "Lost Original Instruments"). "Affiant," as used herein, means the person who makes this affidavit and who, unless otherwise stated herein, claims to be the lawful owner of the Lost Original Instruments. If such owner is a corporation, partnership, or is acting as a trustee or other fiduciary, state such facts here:. 2. Said Lost Original Instruments became such on or about July under the followi.ng.circurrl%tancg,%: (S,tate fully) Have noc oeen 1Gent~rie~ since an interstate move on that date. ,19 R7 , 3. Said Lost Original Instruments t were not ( the exact manner of endorsement.) endorsed. (Strike out inapplicable words. If endorsed, describe 4. Neither said Lost Original Instruments nor the rights of affiant in said Lost Original Instruments have, in whole or in part, been cashed, negotiated, sold, assigned, transferred, hypothecated, pledged, deposited under any agree- ment or other~vise disposed of; and to the knowledge of affiant no claim of right, title or interest, adverse to affiant, or the owner thereof, in or to said Lost Original Instruments has been made or advanced by any person. 5. Affiant has made or caused to be made diligent search for said Lost Original Instruments, and has been unable to find or recover the same; and makes thi~ affidavit and agreement for the purpose of inducing the issuance of new or replacement Original Instruments in lieu of the said Lost Original Instruments, or the distribution to affi- ant or the owner thereof, of liquidation proceeds thereof. Affiant hereby agrees immediately to surrender said Lost Original Instruments for cancellation should such Lost Original Instruments at any time hereafter come into the hands, custody or power of affiant or any other pe[,son. 6. Affiant agrees that this affidavit and agreement i~ delivered to accompany a bond of indemnity (herein called "Blanket Bond") which the above referenced first named obligee holds for the protection of parties in interest in connection with Lost Original Instruments the issuance of replacement Original Instruments, or in connection with distributing liquidation proceeds of said Lost Original Instruments, which Blanket Bond is underwritten by the FEDERAL INSURANCE COMPANY, (hereinafter called "Surety Company"). Affiant hereby requests said Surety Company to assume liability under said B!anket Bond for the new or replace- ment certificate or certificates, or the liquidation proceeds thereof, herein applied for by affiant. Affiant hereby agrees, for himself, his heirs, assigns and personal representatives, or if the owner of the Lost Orig- inal Instruments is a Corporation or a Partnership, for and in behalf of such owner, (affiant hereby warrants that he Form 15-02-155 (Rev 4-82) R-32322(3M) ~,. ~. ~. has' the authority from such owner to execute this instrument) in consideration of the issue and delivery of such new or. replacement Original Instruments, of the distribution to affiant or to the owner thereof, of the liquidation proceeds of said Lost Original Instruments, and in consideration of the assumption by said Surety Company of liability therefor under its Blanket Bond, that affiant agrees, for himself, his heirs, assigns and personal represen- tatives, or if the owner of the Lost Original Instruments is a Corporation or a Partnership, for and in behalf of such owner, to completely indemnify, protect and save harmless, as a continuing obligation under which successive recoveries may be had, jointly and severally, each of the Obligees named in said Blanket Bond (the references therein as to the names and descriptions of the Obligees therein being incorporated herein by reference and are hereby made a part hereof) and the Surety Company, from and against all loss, costs and damages including court costs and attorneys' fees, to which they may be subject to or liable for in respect of any and all the Lost Orig- inal Instruments, the issuance of replacement Original Instruments, the distribution of liquidation proceeds of said Lost Original Instruments, the requested action or associated therewith, or the assumption of liability. Affiant agrees that this affidavit and agreement may be attached to and made part of said Blanket Bond; and affiant hereby further agrees for himself, or if the owner of the Lost Originb. I Instruments is a Corporation or a Partner- ship, for and in behalf of such owner, to furnish the Obligees (without expense to Obligees) with a new bond of in- demnity with satisfactory surety or sureties in case said Blanket Bond and this Indemnity Agreement should not at any time, for any reason in the opinion of the Obligees, afford sufficient protection. (Following information requested by the Surely Company): 7. Affiant represents that he or the owner f Lost Original ~st ents in his own name real estate at_ 10318 Grenadier Way, San Antonio,O ~t~e ~t~ owns worth $ ' , and mortgaged for $ na and cash and securities, in excess of debts, valued at $ 50~0__00 or more; and refers to (Bank) Broadway Bank, San Antonio Address and Frost Nat'l Bank --,AddressSan Antonio ' as to affiant's reputation and integrity and as to affiant's financial condition. 8. Affiant hereby agrees that other persons may join herein by supplementary affidavit and that when so joined this Affidavit and the requests and the agreements herein made and contained shall be joint and several among the affiant herein and each and every of such other affiants. Any person who, knowingly and with intent to defraud any insurance company or other person, files an application for insurance, containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime. Signed, sealed and delivered by affiant, the___~_~_~/~C (sij~nature o~ Affiant) SUPPLEMENTARY AFFIDAVIT AND AGREEMENT Affiants (name residing at and refers to (Bank) .located at (Address) , and (Name) ~residing at and refers to (Bank) located at (Address) .... .being first duly sworn, each state that the foregoing Affi- davit is true and correct, and that affiants join therein and in the requests and agreements herein contained as fully and with the same effect as though each of affiants were the affiant therein. 19_~ (SEAL) State of Texas ) County of Bexar . iss' ,4o 19~.._, before me personally appeared and (Signature) (Signature) · · and and , to me known and known to me to be the individual(s)' described in and who executed the fo~'egoing instrument, and, being by. m/~ duly sworn, did depose and say that the statements therein con~.,',~re true. (Affix Notarial Seal ~*~,~.. Nota~j Public, State 0f Texas r~ublic ) ~ My commission expires_ / ....................... Do Not Write Below This Line ....................... We hereby assume liability under Blanket Lost Original Instruments Bond No. ~ ~-~ ~ executed on the ~ day of. ~ ,19 · ~o ) no~i[eo oXc~ as ~pecifiod In S~l~ot Bond ~i~ed' seal~delivered at d~y~ ~~~ ' , 19 A.C. No. By CHUBB CHUBB GROUP of Insurance Companies BOND OF INDEMNITY FEDERAL INSURANCE COMPANY Incorporated under the laws OF New J®rae¥ BOND NO. 8000-28-49 91-796 KNOW ALL MEN BY THESE PRESENTS, that FEDERAL INSURANCE COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State of New Jersey and duly authorized to transact the business of Insurance in the State of New York and all other States in the United States of America and having an office and place of business in New York State at 100 William Street, New York, N. Y. 10038, and in the State of as Obligor(hereinaftercalledthe"Obligor")is held and firmly bound unto CITY OF VIRGINIA BEACH CITIBANK, N.A. NYC individually and/or as Trustee, Depositary, Fiscal, Paying or Disbursing Agent, Registrar, Transfer Agent, (and unto any other Trustees, Depositaries, Fiscal, Paying or Disbursing Agents or Agencies, Registrars and/or Transfer Agents,) their respective legal representatives, successors and assigns (hereinafter collectively called "Obligees"), in an aggregate sum, lawful money of the United States of America, sufficient to indemnify the Obligees under the conditions of this bond as hereinafter set forth, but not exceeding the maximum amount for which Obligor may obligate itself on the date of this bond in respect of any one risk or hazard under any law governing the validity or performance of this bond, said sum to be paid to Obligees, their respective legal representatives, successors or assigns, as interest may appear; for which payment well and truly to be made the Obligor binds itself, its legal representatives, successors and assigns, jointly and severally, firmly by these presents. SEALED with its seal and executed in February, 1991 WHEREAS, the Obligor represents that Brian J. Davis counterparts, as of the 22nd day of is/are the unqualified owner(s) of City of Virginia Beach 10.0% Water & Sewer Bond Series 1984 Otd (7/i$/84-Gue 7/15/98 Bond fR-2445 for $10,000.00 R/,~I/O Wilfred Davis & Brian J. Davis Jt Ten (such security or securities being hereinafter called "original" or "originals"), and that the same has/have been mislaid, lost, destroyed or wrongfully taken and cannot be found or produced, by virtue of which the Obligor has requested Obligees to issue and deliver to Brtan J. Davis cr his/her order a new or duplicate instrument or instruments (hereinafter sometimes called "duplicate" or ' .~.i,~.~e~". ~ ~ ~ ororlginal$ without surrender or ~resent~tion ther~ :~nd ~~(~ ~) ¢~~ (~)) PAGE I USA. P-85481 (15M) WHEREAS, on the faith of the foregoing representations and in consideration of this bond of indemnity, Obligees have complied or have agreed to comply with said requests; NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE, that if the Obligor, the legal rep- resentatives, successors or assigns of the Obligor or any of them, shall in case the original or originals be found or come into the hands, custody or power of any of them, or into the hands, custody or power of any person, deliver or cause the same to be delivered unto Obligees in order to be cancelled, and shall also at all times de- fend, indemnify and save harmless Obligees from and against any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all liabilities, losses, damages, costs, charges, counsel fees and other expenses of every nature and character by reason of the original or originals and/or the issuance of a duplicate or duplicates in lieu thereof or in lieu of any instrument or instruments of purported like issue and amount which because of alteration, change or counterfeit may or may not be identified asthesaid mislaid, lost, stolen or destroyed original or originals, or the making of any payment, credit, transfer, registration, conversion, exchange or delivery in respect of the original or originals without surrender thereof and/or in re- spect of the duplicate or duplicates, whether or not caused by, based upon or arising out of the honoring or refusing to honor the original or originals when presented by anyone, and/or whether or not caused by. based upon, or arising out of inadvertence, accident, oversight or neglect on the part of Obligees, or any of them, or their respective officers, agents, clerks or employees and/or ommission or failure to inquire into, contest or liti- gate the right of any applicant to receive any payment, credit, transfer, registration, conversion, exchange, issue or delivery in respect of the original or originals and/or the duplicate or duplicates issued in lieu thereof, and/or caused by, based upon or arising out of the release of any security or the satisfaction of any instrument or instru- merits, under which the original or originals and/or duplicate or duplicates are issued or secured, and/or caused by, based upon or arising out of any other matter or thing whatsoever, then this Obligation shall be void; other- wise shall remain in full force and effect. Obligor further agrees that if the mislaid, lost, stolen, or destroyed original or originals be found or come into the hands, custody or power of any person or into the hands, custody or power of the Obligees or any of them for any purpose other than cancellation without reissue, the Obligor will forthwith on demand obtain and deliver to the Obligees either such original or originals or such duplicate or duplicates or will pay to the Obligees a sum of money sufficient to enable the Obligees to purchase in the open market securities of the same issue and amount as the original or originals. Obligor further agrees that, in case of any default under the conditions of this bond, the Obligor waives and releases any and all right or claim against Obligees, or any of them whether by way of subrogation or otherwise, for any loss, expense or liability incurred by the Obligor caused by, based upon or arising out of the enforce- ment of this bond by the Obligees or any of them. (No inaccuracy in the description of the securities herein referred to as original or originals shall alter, modify or affect the obligations of the Obligor hereunder.) Obligor agrees that its liability hereunder shall be absolute, subject only to the conditions herein expressed. FEDERAL INSURANCE COMPANY Thelma Ratner, Attorney-tn-Fact Form 30-02-01 (Rev. 5-67) {Formerly 403F(2)) PAGE 2 POWER OF ATTORNEY Know all Man by theaa Pre~enta. That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road. Warren. New Jersey, an Indiana Corpora- t,on, hms constituted and appoinled, and does hereby constitute and appoint Toni Percoco, Ed Van Name, Thelma Ratner and I'.~tr[cia Von Posch of New York, New York ........ ~;tch ,ts true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surely Ih(weon or otherwise, bonds of any of the following classes, to-wit: Bonds and Undertakings (other than Bail Bonds) filed in any suit. matter or proceeding in any Coun. or filed with any Sheriff or Magistrate. for the doing or not doing of anything specified in such Bond or Undertaking. 2 Surety bonds to the United States of America or any agency thereof, including lhose required or permitted under the laws or regulations relaling to Customs or Internal Revenue; License and Permit Bonds or ofher indemni~ bonds under the laws. ordinances or regulations of any State. City. Town. Village. Board or other body or organization, public or private; bonds to Transportation Compames. Lost Instrument bonds; Lease bonds. Workers' Compensation bonds, M~scellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs. Deputy Sheriffs and similar public officials. 3. Bonds on behalf of contraclors in connection wilh bids, proposals or contracts. in Wltneu Whe~of. the sa~d FEDERAL INSURANCE COMPANY his, purSuanl IO It~ By-L. aw~, cause, d IheSe, presen(s to be s~gne~ Dy ~ts Vca Pr~Oe*fll ;Irld A~slslanl Seer®tory and d~ corporala s~al ,,, ~ ~.,.,o ..,..~ T.,s I s t ~.~ of May ~9 90 I[ATE OF NEW JERSEY / County of Somerset S ss. ,~0. Dixon cOMPANY. I~ cMpo. rat.~l G~cnl3~/ in ~nd wh~-.h sxecuted t~ ~ng ~ ~ ~. ~ ~ ~ fl~a~ O. O C~ ~mg ~ pIDEflAL INSU~NCE COMPANY and kn~ the ~rate ~at t~: thal t~ ~41 l~ix~ [o the ~ P~r ~ A~n~ m such [ :ltmpl~. l~ thai hi I~ laid ~r ~ ~otn~ ~ ~msllnl ~a~ ~ ~ Com~ ~ Ii~ lul~hty; and Ihll ~ il ~qulinl~ wdh al~l InN IN ~naturl ~ ~ Ja~ O. Dixon su~n~ I0 ~ ~ ~ ~ is ~n I~ ~nu~ h~fltl~ ~ ~ Jl~l O Oi~ ~ ~ NICOLETTE T. PA.~CUL.. CERTIFICATION Notary Public, ~t3te of New No 2066518 IIAT~ OF Commission Exp,res October 2, 1994 County of Somemel I. me undem~gn~. ~lllfll ~retary ~ the ~DERAL INSUR~ C~PANY, ~ ~re~ clnt~ Ih~ ~ ~ng is a toe e~e~ from I~ 8~ ~ t~ ~ ~ ,m MI~ 2, 1~ and that th~s B~ la Iff full ~l I~ "A~ICLE XVIII. ~.on 2 All ~s. u~kings, conlra~s and ~r in~ ~r than ~ ~ ~ ~ ~ ~h~ ~ t~ C~l~ ~<h ~ · IuI~N ~ I~ ~ ~ c~e ~l~mat~ns. exce~ t~ I~ One ~ more officio ~ I~om~m-I~ ~fllt~ m I~ ~ul~ ~ 1~ ~ ~ Di~ ~ I~ E~ul~ ~mm~fl~. ~ m I~ ~n S~ 3 ~1~, rely exKute a~ such ~nd. ufl~ak~ m MMr ~ U O~ iff l~h ~ M ~r M s,gna~ure I~ fa~am~ ~ shall ~ ~lid a~ ~iflg u~fl t~ ~ wn~ r~ Io I~ ~ 0~ u~e~Rl~ ~ ~ il m I~." I further caddy that sagl FEDERAL INSURANCE COMPANY is duly licensed to transacl fidelh'? and ~urmy I:mkne~s in each at the Stme~ at the Un~m:l St~e~ at A~c~, D~Nr~ at C~umb~a. Puerto R~Co. and e~ at Ute p~l~inces ot Cana~e wdh Ihe excaplion of Prince Edward Island; end ~ ~ duly licen~ to bec~e ~ surely M11x~lde. undellakin~, MC., perm~l~l Or ~uir~ ~ I~. I, Ina un~m~ ~i~am ~retl~ ~ ~DEflAL INSURE ~M~Y. ~ M~ ~ tho I~ ~ ~ M ~ il in ~ff ~ ~ ~. 4-90) GE NERAL ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF New York COUNTY OF New York On this ~ day of Thelma Ratner February who, being by me duly sworn, did depose and say that he ~ an Aitorney-in. Fact of the FEDERAL INSURANCE COMPANY, and knows the ~e seal thereof; th~ the seal affixed to said annexed instrument is such coqxxaie see/, and was ttlereto ;dflxed by authority of the Power of A~omey of said Company, of which a Certified Copy is hereto aitached, and thai he signed amid In- strument as an Attorr~n-Fact of said Company by like authorJly. filed In N~Jv~ York Couflty FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 1989 (in thousands of dollars) ASSETS United States Treasury Bonds .......... $ 369,271 United States Government and Federal Agency Guaranteed Bonds ........... 322,546 State and Municipal Bonds ............ 1,876,348 Other Bonds ........................ 451,754 Common Stocks ..................... 268,469 Preferred Stocks ..................... 240 Other Invested Assets ................. 57,838 Short Term Investments ............... 33,333 Real Estate ......................... 5,429 TOTAL INVESTMENTS .............. 3,385,228 LIABILITIES AND SURPLUS TO POLICYHOLDERS Outstanding Losses and LoSs Expenses.. $ 2,668,438 Unearned Premiums .................. 833,581 Accrued Expenses .................. 74,351 Non-Admitted Reinsurance ............. 42,658 Dividends to Policyholders ............. 23,840 Loss Portfolio Transfer ................ (141,624) Other Liabilities ...................... 180,214 TOTAL LIABILITIES ................. 3,681,458 Investments in Affiliates: Vigilant Insurance Company ......... 173,621 Great Northern Insurance Company ... 55,990 Pacific Indemnity Company .......... 288,784 Bellemead Development Corporation... 336,518 C.C. Canada Holdings Ltd ........... 62,616 Other ............................ 46,140 Cash .............................. 13,121 Net Premiums Receivable ............. 428,505 Reinsurance Recoverable on Paid Losses ........................... 45,982 Other Assets ........................ 137,576 TOTAL ADMITTED ASSETS .......... $ 4,974,081 Capital Stock ........................ ' 13,987 Paid-in Surplus ...................... 472,986 Unassigned Funds ................... 457,187 Unrealized Appreciation of Investments ,. 348,463 SURPLUS TO POLICYHOLDERS ..... 1,292,623 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS ............. $ 4,974,081 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments valued at $8,014 are deposited with government authorities as required by law. State, County & City of New York, -- ss: Richard Hight, Assistant Secretary of the Federal Insurance Company being duly sworn, deposes and says that the foregOing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31, 1989 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 1989. Subscribed and sworn to before me this 1st day of April, 1990. Notary Public Assistant Secretary DORIS F. VILLEGAS (SPARKS) NOTARY PUBLIC, State of New York NO. 01V148126'/9 Oualified in Putnam County Cerlificata Filed in New Yorl( County Commission Expire~ June 30, t99t Form 2740-0071A IRev. 4-90) -14 - Item III-H.3 CONSENT AGENDA ITEM # 35856 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $575,400 for payment to the United States Treasury Department re rebateable arbitrage on the 1987 General Obligation Improvement Bonds. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 AN ORDINANCE TO APPROPRIATE $575,400 FOR PAYMENT TO THE UNITED STATES TREASURY DEPARTMENT FOR REBATEABLE ARBITRAGE ON THE 1987 GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS WHEREAS, The City earned during the fiscal years 1987 to date interest from the investment of the proceeds of the $46,000,000 1987 General Obligation Bonds, and WHEREAS, in accordance with the 1986 Tax Reform Act, the U. S. Treasury Department regulations require the City to rebate to the Federal Government all interest earnings from the investment of the bond proceeds in excess of the average interest rate paid on the general obligation bonds, and WHEREAS, this rebate amount, called rebateable arbitrage, is to be paid 60 days from the five year anniversary date of when the City received the original proceeds, and therefore the 1987 General Obligation Bond Rebate amount is due by'August 2, 1992, and WHEREAS, the firm of Reznick Fedder and Silverman has determined the rebateable arbitrage amount on the 1987 General Obligation Bond Issue to be $575,400, and ~ WHEREAS, in order to comply with these Federal regulations, $575,400 will need to be appropriated from the Reserve for Federal Arbitrage within the General Fund Balance for payment to the U. S. Treasury Department for the 1987 General Obligation Bond Issue. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $575,400 be appropriated from the Reserve for Federal Arbitrage within the General Fund Balance for payment to the U. S. Treasury Department for Arbitrage earnings on the 1987 General Obligation Public Improvement Bonds. 14 July Adopted this day, the day of Council of the City of Virginia Beach, Virginia. shall be in effect from the date of its adoption. , 1992, by the This ordinance AF'2[~OVCD AS TO FORM r'~ [ ..' A"'"/"bO,~,jfzV -15 - Item I I I-H.4 CONSENT AGENDA ITEM // 35857 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $116,000 from Community Development Program Income and TRANSFER $242,978 from the FY 1991-1992 Community Development Loan and Grant Fund to increase CIP Project 2-984 Seatack liB Street and Drainage I~rovements by $358,978. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood Oo Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 AN ORDINANCE TO APPROPRIATE $116,000 FROM COMMUNITY DEVELOPMENT PRO~RAM INCOME AND TRANSFER $242,978 FROM THE FY 1991-1992 COMMUNITY DEVELOPMENT LOAN AND GRANT FUND TO INCREASE CIP PROJECT 2-984 SEATACK IIB STREET AND DRAINAGE IMPROVEMENTS BY $358,978 WHEREAS, CIP Project 2-984 Seatack IIB Street and Drainage Improvements will provide street improvements and a piped drainage system to the southern portion of the Seatack neighborhood; 9 10 WHEREAS, the total cost of these improvements was originally estimated to be $1,649,998; 11 12 13 WHEREAS, the actual cost of the project is approximately $358,978 higher than originally estimated due to increased rights-of-way acquisition costs and construction bid results; 14 15 16 WHEREAS, there is $116,000 available for appropriation to the project in unanticipated Community Development program revenue provided by a water and sewer fee payment; 17 18 19 WHEREAS, the remaining $242,978 balance of necessary funds is available for transfer to the project from unexpended FY 1991-1992 Community Development Loan and Grant funds. 20 21 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $116,000 be appropriated from Community Development program income to CIP Project 2-984 Seatack IIB Street and Drainage Improvements with a corresponding increase in estimated revenues; 24 25 BE IT FURTHER ORDAINED that $242,978 be transferred from the FY 1991-1992 Community Development Loan and Grant fund. 26 This ordinance shall be in effect from the date of its adoption. 27 28 14 July Adopted the day of , 1992, by the Council of the City of Virginia Beach, Virginia. -16 - Item III-H.5 CONSENT AGENDA ITEM # 35858 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Counci ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $37,397 Department of Criminal Justice Services Grant and TRANSFER $12,466 match from various sources within the Police Department's FY 1992-1993 Operating Budget re the Street Level Narcotics Enforcement Program. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 ~ ORDIN~NCE TO ACCEPT ~ APPROPRIATE ~ $37,397 DEP~R~IEI~ OF CRIMINAL JUSTICE SERVICES GRANT AND TO TRANSFER THE $12,466 MATCH FROM VARIOUS SOURCES WITHIN THE POLICE DEPARTMENT'S FY 1992-93 OPERATING BUDOET FOR THE STREET LEVEL NARCOTICS ENFORCEMENT PROGRAM WHEREAS, the Police Department has, for the third year, been awarded a Department of Criminal Justice Services grant for the purpose of enhancing street level narcotics enforcement in Virginia Beach; 4 5 6 WHEREAS, this grant will provide $37,397 from the Anti-Drug Abuse Act of 1988 for additional police overtime and equipment related to enhanced drug enforcement; 7 8 9 WHEREAS, the grant requires a local match of $12,466 which is available from various sources within the Police Department's FY 1992-93 Operating Budget. 10 11 12 13 14 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the $37,397 grant from the Department of Criminal Justice Services be accepted and appropriated for the purpose of enhancing drug enforcement in Virginia Beach and that the required local match of $12,466 be transferred from within the Police Department's FY 1992-93 Operating Budget. 15 16 BE IT FURTHER ORDAINED, that the FY 1992-93 Estimated Revenues from the Commonwealth be increased by $37,397 to reflect receipt of this grant. 17 18 on this day Adopted by the City Council of the City of Virginia Beach, Virginia July 14 , 1992. /Mana EeiDe~t ~an~kB ' g ' ' udget I -17- Item II-H.6 CONSENT AGENDA ITEM # 35859 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $13,500 from the Virginia Department of Housing and Community Development re an Emergency Home Repair Program. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 1 2 3 ORDINANCE TO ACCEPT AND APPROPRIATE $13,500 FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR AN EMERGENCY HOME REPAIR PROGRAM 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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 $13,500 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 $13,500 from the Virginia Department of Housing and Community Development for emergency home repairs is accepted and appropriated to the Department of Housing and Neighborhood Preservation, and BE IT FURTHER ORDAINED THAT revenues from the Commonwealth be increased by $13,500, and 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, and BE IT FURTHER ORDAINED THAT the City of Virginia Beach will comply with all requirements of this program as set forth by the Virginia Department of Housing and Community Development. Adopted by Council of the City of Virginia Beach on the 14T~ day of __ JULY , 1992. 27 28 29 30 APPROVED AS TO CONTENT Marya"~n~. Ustick, Director~'-~ ~ Housing & Neighborhood Preserv.at~lttl~ g:\user~jponder~report~\ehrpv APPROVED AS TO FORM City Attorney -18- Item III-H.7 CONSENT AGENDA ITEM # 35860 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $8,000 from the U.S. Department of Housing and Urban Development re the Section 8 Family Self Sufficiency Program. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 1 2 3 ORDINANCE TO ACCEPT AND APPROPRIATE $8,000 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR USE IN THE SECTION 8 FAMILY SELF SUFFICIENCY PROGRAM 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, the City receives funding under the Section 8 Existing Housing Program for the purpose of providing rental subsidies to low income households, and WHEREAS, an additional $8,000 in Administrative Fee Income will be received during Fiscal Year 1992 - 1993, and WHEREAS, the City wishes to support the implementation of the Family Self- Sufficiency Program with these funds, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that $8,000 in Section 8 administrative fees be accepted and appropriated to the Section 8 budget unit, and BE IT FURTHER ORDAINED THAT revenue from the Federal government be increased by $8,000. Adopted by the Council of the City of Virginia Beach on the 14TH day of JULY , 1992 17 18 19 20 21 Approved as to Conten~: J Marya"fffi t~stick, Director Dept. of Housing and Neighborhood Preservation Approved/~~ City A4~rn~3; g:\ose r~ried~lct te r~8te~.ord g:kmetz~jponder~repot~'aSfee, ord -19- Item III-H.8 CONSENT AGENDA ITEM # 35861 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TPJ~NSFER $67,375 from various Schools CIP Projects to CIP Project 2-816 Traffic Safety Improvements re installation of a traffic signal at the entrance to Salem High Sch~l at Lynnhaven Parkway. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent; None July 14, 1992 AH' ORDINANCE TO TRANSFER $67,375 FROM VARIOUS SCHOOLS CIP PROJECTS TO CIP PROJECT 2-816 TRAFFIC SAFETY IMPROVEMEF~S FOR THE PURPOSE OF XNSTALLIN(3 A TRAFFX(: SIGNAL AT THE ENTRANCE OF S~T.~M HIGH SCHOOL AT LYIOIHAVEN PARKWAY ~, it is the desire of the city to provide safe ingress and egress for its public schools; 8 9 10 W~EAS, School administration has agreed to participate in sharing the costs of installing a traffic signal for Salem High School at Lynnhaven Parkway when deemed necessary by the Department of Public Works; 11 12 13 ~, Public Works staff has recommended a signal be installed at this location to be completed prior to the beginning of the 1992 - 1993 school year; 14 15 16 W~EAS, the total cost of signalization at this location is estimated to be $87,500, and the previously agreed upon share of Schools cost is 77% of that amount, or $67,375; 17 18 W~w~,~S, the School Board has approved this amount to be transferred from three (3) of its Capital Improvements Projects. 19 20 21 22 23 24 25 26 27 28 29 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE CIT~ OOU~CXL OF ~ CITY OF VIRGINIA BEA~, VIRGINIA, that funds in the amount of $67,375 be transferred as shown below in order to provide a traffic signal for Salem High School at Lynnhaven Parkway. Transfer From= Project 1-976 Court House Elementary School Renovations $ 7,676 Project 1-978 Career Development Center Sewer Pump Station 17,455 Project 1-040 Underground Storage Tanks - Schools 42,544 Transfer To: Project 2-816 Traffic Safety Improvements $67,375 This ordinance shall be in effect from the date of its adoption. 14 Adopted by the Council of the City of Virginia Beach, Virginia, on the July day of , 1992. - 20 - Item I I-H.9 CONSENT AGENDA ITEM # 35 862 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED: LON BID with advance notice to proceed: A & W CONTRACTORS, INC. Seatack Street Improvements Phase II B CIP 2-984 $1 , 357,083.97 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 - 21 - Item I I-H.IO. CONSENT AGENDA ITEM # 35863 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED, AS AMENDED: Request from Department of Parks and Recreation that the City release a standard park open space reservation site currently reserved in the Southgate III Subdivision. *Councilman Moss requested the following amendment: "The terms of the understanding should be included in a contract in a form acceptable to the City Attorney. The Agreement should provide that the entire sum ($5,000) must be paid within two (2) years." Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 - 22 - Item III-H.11 CONSENT AGENDA ITEM # 35864 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $1,379.67 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 FO,M NO. C.^. 7 6/25/92 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Year of Tax Number tion No. Paid Total Alliance Mortgage Co Suncoast Savings & Loan Suncoast Savings & Loan Cenit Bank Lomas Mortgage USA Lomas Mortgage USA Lomas Mortgage USA Lomas Mortgage USA Lomas Mortgage USA Lomas Mortgage USA Frederick Andrew Andrew Andrew Andrew Andrew Andrew PNC PNC PNC PNC PNC PNC PNC Edward M Edward M Edward M Edward M Edward M Edward M Edward M & D & Mary D & Mary D & Mary D & Mary D & Mary D & Mary Mortgage Mortgage Mortgage Mortgage Mortgage Mortgage Mortgage Will Will Will Will Will Will Will V Jane Loui Loui Loui Loui Loui Loui Servlcl Servlcl Servicing Servicing Servicing Servicing Servicing lams lams lams lams lams lams ams Dantonio se Bell se Bell se Bell se Bell se Bell se Bell ng Co ng Co Co Co Co Co Co 92 RE(l/2) 32889-8 11/26/91 92 RE(l/2) 85886-9 11/26/91 92 RE(2/2) 85886-9 5/12/92 92 RE(l/2) 13199-3 12/5/91 89 RE(l/2) 16078-7 11/21/88 89 RE(2/2) 16078-7 6/5/89 90 RE(l/2) 16140-8 11/21/89 90 RE(2/2) 16140-8 6/5/90 91 RE(l/2) 16395-9 12/5/90 91 RE(2/2) 16395-9 6/5/91 91 RE(2/2) 26941-7 4/2/92 89 RE(l/2) 8188-1 12/5/88 89 RE(2/2) 8188-1 5/22/89 90 RE(l/2) 8104-9 12/1/89 90 RE(2/2) 8104-9 6/5/90 91 RE(l/2) 8119-1 12/4/90 91 RE(2/2) 8119-1 6/5/91 92 RE(l/2 1543-1 12/5/91 91 RE(l/2) 1588-8 11/26/90 91 RE(2/2) 1588-8 6/4/91 90 RE(l/2) 1671-7 .12/5/89 90 RE(2/2) 1671-7 6/5/90 89 RE(l/2) 1774-6 12/5/88 89 RE(2/2) 1774-6 6/5/89 92 RE(l/2) 124980-1 11/15/91 91 RE(l/2) 124167-7 11/6/90 91 RE(2/2) 124167-7 5/9/91 90 RE(l/2) 122771-0 12/5/89 90 RE(2/2) 122771-0 5/8/90 89 RE(l/2) 120563-9 12/5/88 89 RE(2/2) 120563-9 6/5/89 27.25 18.77 18.77 14.72 73.20 73.20 91.59 91.59 126.42 126.42 463.16 4.57 4.57 7.93 7.93 5.58 5.58 18.86 17.86 17.86 16.90 16.90 15.83 15.83 .54.50 7.74 7.74 7.33 7.33 6.87 6.87 Total 1,379.67 This ordinance shall be effective from date of adoption. T he $~lb,O~9a.l~t e me n t(s) totaling · were approved by the Council of the City of ~/il;ginia Beach on the l___4_day of du±y 1992 Ruth Hodges Smith City Clerk Ce Johr ,pa e ; T 'Atk~ Approved as to form: - 23 - Item II1-1.1. PUBLIC HEARING ITEM # 35865 Mayor Oberndorf DECLARED A PUBLIC HEARING: FY 1992-1993 SCHOOL OPERATING BUDGET PROPOSED INCREASES There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife was currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part of the record. July 14, 1992 - 24 - Item I I-J.l.a/b/c/d ORDINANCES ITEM # 35866 Upon motion by Councilwoman Parker, seconded by Councilman Jones, City Council ADOPTED: Ordinances to APPROPRIATE re FY 1992-1993 School Operating Budget: Food Services Enterprise Fund School Grants Fund School Textbook Fund Student Athletlcs Fund $14,255,521 $12,440.264 $ 3,152,100 $ 346,000 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife was currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part of the record. July 14, 1992 1 1 2 3 AN ORDINANCE TO APPROPRIATE $14,255,521 FOR THE FY 1992-93 SCHOOL FOOD SERVICES ENTERPRISE FUND BUDGET 4 5 6 WHEREAS, the Attorney General of Virginia has opined that School Board expenditures of funds generated from food services sales require an appropriation of the local governing body, WHEREAS, the Virginia Beach School Board has a food services program whereby food service income is deposited in a food service fund from which purchases of food and other related expenses are paid, 10 11 12 WHEREAS, the School Board has submitted a School Food Services Enterprise Fund budget for FY 1992-93 in order to comply with the Attorney General's opinion, 13 14 15 WHEREAS, the School Food Services Enterprise Fund budget approved by the School Board includes total revenues of $14,255,521 and total disbursements of $14,255,521 for FY 1992-93. 16 17 18 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $14,255,521 be appropriated for the School Food Services Enterprise Fund budget in the manner approved by the School Board. 19 20 BE IT FURTHER ORDAINED that this appropriation be offset by an increase of $14,255,521 in estimated revenues to the School Food Services Enterprise Fund. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of July , 1992. 23 24 25 26 Dept of Management and Budget LEGAL SUFFJC~ENCY 1 1 2 3 AN ORDINANCE TO APPROPRIATE $12,440,264 FOR THE FY 1992-93 SCHOOL GRANTS FUND BUDGET 4 5 6 WHEREAS, the Virginia Beach School Board has been notified that it will receive funds in the amount of $12,440,264 through special federal and state categorical grants for the school year 1992-93, 7 8 WHEREAS, these funds were not included in the FY 1992-93 School Operating Budget approved by the City Council, and require no local expenditure for match, 9 10 11 WHEREAS, the School Board has approved this funding and requests that the City Council appropriate these funds to the School Grants fund prior to the School Board's need to incur expenditures, 12 13 14 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $12,440,264 be appropriated for school purposes for FY 1992-93. 15 16 17 BE IT FURTHER ORDAINED that this appropriation be offset by an increase of $12,440,264 in estimated revenues from the federal and state government to the School Grants Fund. 18 19 BE IT FURTHER ORDAINED that this appropriation is authorized subject to the expenditures being incurred with no local match. 20 21 22 23 24 25 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of July , 1992. Approve~ ' ~ontent Dept of Management and Budget APPROVED AS TO LEGAL SUFFICIENCY AN ORDINANCE TO APPROPRIATE $3,152,100 FOR THE FY 1992 -93 SCHOOL TEXTBOOK FUND BUDGET 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, 7 8 9 WHEREAS, the Virginia Beach School Board has a textbook plan whereby textbook income is deposited in a textbook fund from which purchases of textbooks and other related expenses are paid, 10 11 WHEREAS, the School Board has submitted a School Textbook Fund budget for FY 1992-93 in order to comply with the Attorney General's opinion, 12 13 14 WHEREAS, the School Textbook Fund budget approved by the School Board includes total revenues of $3,152,100 and total disbursements of $3,152,100 for FY 1992-93. 15 16 17 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $3,152,100 be appropriated for the School Textbook Fund in the manner approved by the School Board. 18 19 BE IT FURTHER ORDAINED that this appropriation be offset by an increase of $3,152,100 in estimated revenue to the School Textbook Fund. 20 21 22 23 24 25 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of July , 1992. Dept of Management and Budget APPROVED AS TO LEGAL SUFFICIENCY' AN ORDINANCE TO APPROPRIATE $346,000 FOR THE FY 1992-93 SCHOOL ATHLETIC FUND BUDGET 4 5 6 WHEREAS, the School Board expenditure of funds generated by the sale of admissions to high school basketball, football, gymnastics, wrestling, and soccer events requires an appropriation of the local governing body, 7 8 9 10 WHEREAS, the Virginia Beach School Board has an athletic program whereby admissions income is deposited to an athletic fund from which disbursements are made to purchase athletic equipment and uniforms, pay officials, and provide miscellaneous supplies, 11 12 13 WHEREAS, the School Board has submitted a School Athletic Fund budget for FY 1992-93 which includes total revenues of $346,000 and total disbursements of $346,000. 14 15 16 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $346,000 be appropriated for the School Athletic Fund budget in the manner approved by the School Board. 17 18 BE IT FURTHER ORDAINED that this appropriation be offset by an increase of $346,000 in estimated revenues to the School Athletic Fund. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of July , 1992. 21 22 23 24 Approved as to Content: E 7D ~l~ck - -' Dept of Management and Budget APPROVED AS TO LEGAL SUFF]C~£NCy - 25 - Item III-K.1. PUBLIC HEARING ITEM # 35867 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) PARCEL 4-A ASSOCIATES, L.P. CONDITIONAL USE PERMIT (b) REVEREND WILLIAM H. PERRY NONCONFORMING USE (c) 1. R. G. AND FRANCES R. MOORE 2. JERRY SEAY 3. HOLLAND WOODS ASSOOIATES ENCROACHMENT ENCROACHMENT ENCROACHMENT (d) INDIAN RIVER PLANTATION, INC./ BRI~-F FARM VARIANCE (e) THELMA BRITT HARRIS CONDITIONAL CHANGE OF ZONING (f) ALICE BRITT, MARY E. BRITT AND THELMA V. HARRIS CONDITIONAL CHANGE OF ZONING (g) JAMES L. MILLER, TRUSTEE/INDIAN RIVER PLANTATION, INC./INDIAN RIVER COUNTRY CLUB ESTATES, L.P., THOMAS VANCE AND ROBERT RIPLEY CONDITIONAL CHANGE OF ZONING (h) JAMES L. MILLER, TRUSTEE/INDIAN RIVER CONDITIONAL CHANGE OF ZONING PLANTATION, INC./INDIAN RIVER COUNTRY CLUB ESTATES, L.P., DOCKERY LAMBERT, JR., THOMAS VANCE AND ROBERT RIPLEY (1) JAMES L. MILLER, TRUSTEE/INDIAN RIVER PLANTATION, INC./INDIAN RIVER COUNTRY CLUB ESTATES, L.P. CONDITIONAL CHANGE OF ZONING (j) INDIAN RIVER PLANTATION, INC./ THOI~AS VANCE AND ROBERT RIPLEY CONDITIONAL CHANGE OF ZONING (k) INDIAN RIVER PLANTATION, INC./ INDIAN RIVER COUNTRY CLUB ESTATES, L.P. CONDITIONAL USE PERMIT (I) CITY'S COMPREHENSIVE PLAN AMEND/General Booth Boulevard from Oceana Boulevard to Princess Anne Road. July 14, 1992 - 26 - Item III-K.l.a. PUBLIC HEARING ITEM # 35868 PLANNING The City Clerk referenced letter from Attorney Edward S. Stein dated July 9, 1992, requesting DEFERRAL until the City Council Session of August 25, 1992. Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council DEFERRED until the City Council Session of August 25, 1992, an Ordinance upon application of PARCEL 4-A ASSOCIATES, L.P., a Virginia Limited partnership for a Conditional Zoning Classification: ORDINANCE UPON ASSOCIATES, L.P, FROM I-1 TO B-2 APPLICATION OF PARCEL 4-A A VIRGINIA LIMITED PARTNERSHIP Ordinance upon application of Parcel 4-A Associates, L.P, a Virginia Limited Partnership, for a Conditional Zoning Classification from I-1 Light Industrial District to B-2 Community Business District or commercial land use. The Co~rehensive Plan recommends use of this parcel for retail/service. Said parcel contains 11.8021 acres. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 - 27 - Item II I-K.l.b. PUBLIC HEARING ITEM # 35869 PLANNING Reverend William H. Perry, 456 Rudder Road, Phone: 428-2309, the applicant, represented himself Upon motion by Councilman Brazier, seconded by Councilman City Council ADOPTED the Resolution authorizing the enlargement of a noncomforming use upon application of REVEREND WILLIAM H. PERRY for the enlargement of a nonconforming use: Resolution authorizing the enlargement of a nonconforming use located at 456 Rudder Road, property of Reverend William H. Perry, Borough of Lynnhaven. The following condition shall be required: 1. The sit plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 1 2 3 4 5 APPROVED AS TO LEG,kC SUFFICI[NC~.,~, _A.N,~D FOR. M - - .............. RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE LOCATED AT 456 RUDDER ROADv PROPERTY OF REVEREND WI LLIAM H. PERRY, BOROUGH OF LYNNHA~N 6 7 8 9 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 WHEREAS, REVEREND WILLIAM H. PERRY, hereinafter referred to as the Applicant, is the owner of a single-family dwelling located at 456 Rudder Road, Borough of Lynnhaven, in the A-12 Apartment District; and WHEREAS, the Applicant desires to enlarge the said single-family dwelling by constructing an addition to it; and WHEREAS, the present use of the property does not conform to the provisions of the city Zoning Ordinance because single- family dwellings are not permitted uses within the A-12 Apartment District; and WHEREAS, pursuant to Section 105(d) of the City Zoning Ordinance, the City Council may authorize the enlargement of a nonconforming use if it finds that the use as enlarged is equally appropriate or more appropriate to the zoning district than is the existing nonconformity; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That city Council hereby finds that the proposed single-family dwelling of the Applicant, as enlarged, would be equally appropriate to the zoning district in which it is located as is the existing nonconformity. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby authorizes the enlargement of the Applicant's dwelling in accordance with the plans submitted in connection with the application. ~2 33 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON THIS 14 DAY OF July , 1992. 34 35 36 CA-4734 ordin\noncode\perry.res R-1 2 - 28 - Item III-K.l.c. PUBLIC HEARING ITEM # 35870 PLANNING Upon motion by Councilman Brazier, seconded by Councilman Jones, City Council DEFERRED until the City Council Session of August 11, 1992: An Ordinance authorizing a temporary encroachment into a Portion of the City's property known as public beach at 4600 Oceanfront Avenue to R. G. and Frances R. Moore re structural i~rovements (VIRGINIA BEACH BOROUGH). The applicant was not in attendance. The City Clerk will advise the applicant of the date of deferral. Information concerning encroachments at the North End of the Rsort area will be presented to City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 - 29 - Item III-K.l.c. PUBLIC HEARING ITEM # 35871 PLANNING Attorney R. E. Bourdon, Jr., Pembroke One Building, Fifth Floor, Phone: 499- 8971, represented the applicant Judith Connors, 3958 Whispering Oaks Place, Phone: 464-3640, represented the Ocean Park Civic League and spoke in OPPOSITION. Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council DENIED: An Ordinance authorizing a temporary encroachment into a Portion of the right-of-way of Windsor Crescent (Undeveloped) to Jerry C. Seay, his heirs, assigns and successors in title. (BAYSIDE BOROUGH) Voting: 11-0 Counci Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Counci Members Voting Nay: None Counci Members Absent: None July 14, 1992 - 31 - Item III-K.l.d. PUBLIC HEARING ITEM # 35873 PLANNING Tuck Bowie, 1709 Oxen Court, Phone: 481-2741 Attorney James L. Miller, Trustee, 1722 Bolling Avenue, Norfolk, Phone: 624- 2600, representing W. W. Oliver, Jr., who has owned the property of 192.5 acres since 1963. Mr. Oliver made Mr. Miller the Trustee of this land. Attorney Miller referenced the roll-back tax which must be assessed and collected and requested repeal of the former zoning ordinance (Indian River Plantation, Inc., ADOPTED April 9, 1991) affecting his property. Charles Traub, III, 784 Glsagow Court, Phone: 340-9056, registered OPPOSITION. Statement of Mr. Traub is hereby made a part of the record. in Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED the application of INDIAN RIVER PLANTATION/BRITT FARM for Variances to Sections 4.1, 4.4 and 5.5 of the Subdivision Ordinance for reduction of pavement width, use of swales and flag lot configuration. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Indian River Plantation/Britt Farm. Property is located at the northwest corner of the intersection of West Neck Road and Indian River Road. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. The City Council reserved the right to review and consider W. W. Oliver's request for appeal of the former zoning ordinance (Indian River Plantation, Inc., ADOPTED April 9, 1991) effecting his property. The City Attorney shall forward his analysis of the zoning to the City Council in approximately 60 days (September 15, 1992). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Items K.l.d./e/f/g/h/i/j and k were voted upon in ONE MOTION. July 14, 1992 Item I II-K.l.e. PUBLIC HEARING PLANNING - 32 - ITEM # 35874 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED Ordinances upon application of THELMA BRITT HARRIS for Conditional Change of Zoning District Classifications in Transition Area II. ORDINANCE UPON APPLICATION OF THELMA BRITT HARRIS FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-lO TO R-40 Z07921356 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thelma Britt Harris for a Conditional Change of Zoning District Classification from R-lO Residential District to R-40 Residential District on certain property located 530 feet north of Indian River Road, 4140 feet more or less west of West Neck Road. The proposed zoning classification change to R-40 Residential District is for single family residential land use consistent with the Plan policies for Transition Area II. Said parcel contains 5.4 acres. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF THELMA RITT HARRIS FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-15 TO R-40 Z07921357 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thelma Britt Harris for a Conditional Change of Zoning District Classification from R-15 to R-40 Residential District on certain property located 1030 feet north of Indian River Road, 4900 feet more or less west of West Neck Road. The proposed zoning classification change to R-40 Residential District is for single family residential land use at a density no greater than 0.8 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural or residential land use consistent with the Plan policies for Transition Area II. Said parcel contains 2 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF THELMA BRITT HARRIS FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-40 Z07921358 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thelma Britt Harris for a Conditional Change of Zoning District Classification from AG-2 Agricultural District to R-40 Residential District on certain property located on the North side of Indian River Road, 3960 feet more or less west of West Neck Road. The proposed zoning classification change to R-40 Residential District is for single family residential land use at a density no greater than 0.8 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural or residential land use consistent with the Plan policies for Transition Area II. Said parcel contains 9.7 acres. PRINCESS ANNE BOROUGH. July 14, 1992 Item I II-K.l.e. - 33 - PUBL I C HEAR I NG PLANN I NG ITEM # 35874 (Continued) ORDINANCE UPON APPLICATION OF THELMA BRITT HARRIS FROM AG-1 TO R-40 Z07921359 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Thelma Britt Harris for a Conditional Change of Zoning District Classification from AG-1 Agricultural District to R-40 Residential District on certain property located 620 feet North of Indian Road, 3730 feet more or less west of West Neck Road. The proposed zoning classification change to R-40 Residential is for single family residential land use at a density no greater than 0.8 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural or residential land use consistent with the Plan policies for Transition Area II. Said parcel contains 12.9 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. The City Council reserved the right to review and consider W. W. Oliver's request for appeal of the former zoning ordinance (Indian RiYer Plantation, Inc., ADOPTED April 9, 1991) effecting his property. The City Attorney shall forward his analysis of the zoning to the City Council in approximately 60 days (September 15, 1992). This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of ~irginia Beach, Virginia, on the Fourteenth of July, Nineteen Hundred and Ninety-Two. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Items K.l.d./e/f/g/h/i/j and k were voted upon in ONE MOTION. July 14, 1992 Item I II-K.l.f. PUBLIC HEARING ITEM # 35875 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED Ordinances upon application of ALICE BRITT, MARY E. BRITT ND THELMA V. HARRIS for Conditional Changes of Zoning District Classification: ORDINANCE UPON APPLICATION OF ALICE BRITT, MARY E. BRITT AND THELMA V. HARRIS FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-lO TO AG-2 Z07921360 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Alice Britt, Mary E. Britt and Thelma V. Harris for a Conditional Change of Zoning District Classification from R-lO Residential District to AG-2 Agricultural District on certain property located on the North side of Indian River Road, 4010 feet more or less west of West Neck Road. The proposed zoning classification change to AG-2 Agricultural District is for agricultural land use at a density no greater than 1 dwelling unit per acre. The Comprehensive Plan recommends use of this parcel for agricultural or residential land use consistent with the Plan policies for Transition Area II. Said parcel contains 6.8 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF ALICE BRITT, MARY E. BRITT AND THELMA V. HARRIS FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 TO AG-2 Z07921361 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Alice Britt, Mary E. Britt and Thelma V. Harris for a Conditional Change of Zoning District Classification from R-20 Residential District to AG-2 Agricultural District on certain property located on the north side of Indian River Road, 5600 feet more or less west of West Neck Road. The proposed zoning classification change to AG-2 Agricultural District is for agricultural land use at a density no greater than one dwelling unit per acre. The Comprehensive Plan recommends use of this parcel for agricultural or residential land use consistent with the Plan policies for Transition Area II. Said parcel contains 2.3 aces. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. The City Council reserved the right to review and consider W. W. Oliver's request for appeal of the former zoning ordinance (Indian River Plantation, Inc., ADOPTED April 9, 1991) effecting his property. The City Attorney shall forward his analysis of the zoning to the City Council in approximately 60 days (September 15, 1992). July 14, 1992 - 35 - Item III-K.l.f. PUBLIC HEARING ITEM # 35875 (Continued) PLANNING 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 Fourteenth of July, Nineteen Hundred and Ninety-Two. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Items K.l.d./e/f/g/h/i/j and k were voted upon in ONE MOTION. July 14, 1992 - 36 - Item I I-K.I.~. PUBLIC HEARING ITEM # 35876 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED an Ordiancne upon application of JAMES L. MILLER, TRUSTEE, INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, L.P., THOMAS VANCE AND ROBERT RIPLEY for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF JAMES L. MILLER, TRUSTEE, INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, L.P., THOMAS VANCE AND ROBERT RIPLEY FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 TO AG-2 Z07921362 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of James L. Mi ler, Trustee, Indian River Plantation, Inc., Indian River Country Club Estates, L.P., Thomas Vance and Robert Ripley for a Conditional Change of Zoning District Classification from R-20 Residential District to AG-2 Agricultural District on the following parcels: Parcel 1: Located 570 feet north of Indian River Road beginning at a point 1420 feet more or less west of West Neck Road. Parcel 2: Located 1260 feet north of Indian River Road beginning at a point 450 feet more or less west of West Neck Road. Parcel 3: Located 3500 feet north of Indian River beginning at a point 450 feet more or less west of West Neck Road. Parcel 4: Located 1440 feet north of Indian River Road beginning at a point 3720 feet west of West Neck Road. Parcel 5: Located 2360 feet north of Indian River Road beginning at a point 3480 feet more or less west of West Neck Road. Parcel 6: Located 4000 feet north of Indian River Road beginning at a point 740 feet more or less west of West Neck Road. Parcel 7: Located 1990 feet north of Indian River Road beginning at a point 4640 feet west of West Neck Road. The proposed zoning classification change ot AG-2 Agricultural District is for agricultural land use at a density no greater than one dwelling unit per acre. The Comprehensive Plan recommends use of this parcel for agricultural or residential land use consistent with the Plan policies for Transition Area II. Said parcels contain 115 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. July 14, 1992 tem I II-K.I.~. - 37 - PUBLIC HEARING ITEM # 35876 (Continued) PLANNING The City Council reserved the right to review and consider W. W. Oliver's request for appeal of the former zoning ordinance (Indian River Plantation, Inc., ADOPTED April 9, 1991) effecting his property. The City Attorney shall forward his analysis of the zoning to the City Council in approximately 60 days (September 15, 1992). This Ordinance shall be effective in accordance with Section 107 (f) of the Zoni'ng Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of July, Nineteen Hundred and Ninety-Two. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Items K.l.d./e/f/g/h/i/j and k were voted upon in ONE MOTION. July 14, 1992 - 38 - Item I I-K.l.h. PUBLIC HEARING ITEM # 35877 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of JAMES L. MILLER, TRUSTEE, INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, L.P., DOOKERY LAMBERT, JR., THOMAS VANCE AND ROBERT RIPLEY for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF JAMES L. MILLER, TRUSTEE, INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, L.P., DOCKERY LAMBERT, JR., THOMAS VANCE AND ROBERT RIPLEY Z07921363 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of James L. Miller, Turstee, Indian River Plantation, Inc., Indian River Country Club Estates, L.P., Dockery Lambert, Jr., Thomas Vance & Robert Ripley for a Conditional Change of Zoning District Classification from R-lO Residential District to AG-2 Agricultural District on the following parcels: Parcel 1: Located on the north side of Indian River Road beginning at a point 2900 feet more or less west of West Neck Road. Parcel 2: Located on the north side of Indian River Rod beginning at a point 2950 feet more or less west of West Neck Road. Parcel 3: Located on the west side of West Neck Road beginning at a point 750 feet more or less north of Indian River Road. The proposed zoning classification change to AG-2 Agricultural District is for agricultural land use at a density no greater than one dwelling unit per acre. The Comprehensive Plan recommends use of this parcel for agricultural or residential land use consistent with the Plan policies for Transition Area II. Said parcels contain 97.5 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. The City Council reserved the right to review and consider W. W. Oliver's request for appeal of the former zoning ordinance (Indian River Plantation, Inc., ADOPTED April 9, 1991) effecting his property. The City Attorney shall forward his analysis of the zoning to the City Council in approximately 60 days (September 15, 1992). 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 Fourteenth of July, Nineteen Hundred and Ninety-Two. July 14, 1992 - 39 - Item I I-K.l.h. PUBLIC HEARING ITEM # 35877 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Items K.l.d./e/f/g/h/i/j and k were voted upon in ONE MOTION. July 14, 1992 -40 - Item II -K.l.i. PUBLIC HEARING ITEM # 35878 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon application of JAMES L. MILLER, TRUSTEE, INDIAN RIVER PLANTATION, INC. AND INDIAN RIVER COUNTRY CLUB ESTATES, L.P. for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF JAMES L. MILLER, TRUSTEE, INDIAN RIVER PLANTATION, INC. AND INDIAN RIVER COUNTRY CLUB ESTATES, L.P FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-15 TO AG-2 Z07921364 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of James L. Miller, Trustee, Indian River Plantation, Inc. and Indian River Country Club Estates, LoP have applied for a Conditional Change of Zoning District Classification from R-15 Residential District to AG-2 Agricultural District on the following parcels: Parcel 1: Located 340 feet north of Indian River Road beginning at a point 540 feet more or less west of West Neck Road. Parcel 2: Located 1270 feet north of Indian River Road beginning at a point 3820 feet more or less west of West Neck Road. Parcel 3: Located 1750 feet north of Indian River Road beginning at a point 5500 feet more or less west of West Neck Road. The proposed zoning classification change to AG-2 Agricultural District is for agricultural land use at a density no greater than one dwelling unit per acre. The Comprehensive Plan recommends use of this parcel for agricultural or residential land use consistent with the Plan policies for Transition Area II. Said parcel contains 102.5 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. The City Council reserved the right to review and consider W. W. Oliver's request for appeal of the former zoning ordinance (Indian River Plantation, Inc., ADOPTED April 9, 1991) effecting his property. The City Attorney shall forward his analysis of the zoning to the City Council in approximately 60 days (September 15, 1992). 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 Fourteenth of July, Nineteen Hundred and Ninety-Two. July 14, 1992 -41 - Item I I-K.l.i. PUBLIC HEARING ITEM # 35878 (Continued) PLANNING Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Items K.l.d./e/f/g/h/i/j and k were voted upon in ONE MOTION. July 14, 1992 - 42 - Item I I-K.1.j. PUBLIC HEARING ITEM # 35879 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED Ordinances upon application of INDIAN RIVER PLANTATION, INC., THOMAS VANCE AND ROBERT RIPLEY for Conditional Change of Zoning District Classifications: ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC., THOMAS VANCE AND ROBERT RIPLEY FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-40 Z07921365 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Indian River Plantation, Inc., Thomas Vance and Robert Ripley for a Conditional Change of Zoning District Classification from AG-2 Agricultural District to R-40 Residential District on certain property located on the north side of Indian River Road beginning at a point 2240 feet more or less west of West Neck Road. The proposed zoning classification change to R-40 Residential District is for single family residential land use at a density no greater than 0.8 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural or residential land use consistent with the plan policies for Transition Area II. Said parcel contains 76.8 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC., THOMAS VANCE AND ROBERT RIPLEY FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-40 Z07921366 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Indian River Plantation, Inc., Thomas Vance and Robert Ripley for a Conditional Change of Zoning District Classification from AG-1 Agricultural District to R-40 Residential District on certain property located 620 feet north of Indian River Road beginning at a point 3750 feet west of West Neck Road. The proposed zoning classification change to R-40 Residential District is for single family residential land use at a density no greater than 0.8 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural or residential land use consistent with the plan policies for Transition Area II. Said parcel contains 22 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. July 14, 1992 -43 - Item I I I-K. PUBLIC HEARING ITEM # 35879 (Continued) PLANNING The City Council reserved the right to review and consider W. W. Oliver's request for appeal of the former zoning ordinance (Indian River Plantation, Inc., ADOPTED April 9, 1991) effecting his property. The City Attorney shall forward his analysis of the zoning to the City Council in approximately 60 days (September 15, 1992). 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 Fourteenth of July, Nineteen Hundred and Ninety-Two. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Item,s K.l.d./e/f/g/h/i/j and k were voted upon in ONE MOTION. July 14, 1992 Item III-K.l.k. - 44 - PUBLIC HEARING ITEM # 35880 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED an Ordinance upon appliation of INDIAN RIVER PLANTATION, INC. AND INDIAN RIVER COUNTRY CLUB ESTATES, L.P for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. AND INDIAN RIVER COUNTRY CLUB ESTATES, L.P. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (GOLF COURSE) R07921368 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Indian River Plantation, Inc., and Indian River Country Club Estates, L.P. for a Conditional Use Permit for a recreational facility of an outdoor nature (golf course) on a certain property located at the Northwest intersection of Indian River Road and West Neck Road. Said parcel contains 180.4 acres. PRINCESS ANNE BOROUGH. The City Council reserved the right to review and consider W. W. Oliver's request for appeal of the former zoning ordinance (Indian River Plantation, Inc., ADOPTED April 9, 1991) effecting his property. The City Attorney shall forward his analysis of the zoning to the City Council in approximately 60 days (September 15, 1992). 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 Seventh of July, Nineteen Hundred and Ninety-Two. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Items K.l.d./e/f/g/h/i/j and k were voted upon in ONE MOTION. July 14, 1992 FO~'M NO. P.S. 1El In Reply Refer To Our File No. DF- 3204 DATE: July 9, 1992 TO: FROM: RE: Leslie L. Lilley Gary L. Fentress~' DEPT: DEPT: City Attorney City Attorney Indian River Plantation, Inc. et al. Conditional Rezoning Proffer Agreement The referenced applicant has submitted the enclosed proffer agreement. The agreement is in acceptable legal form. In proffers numbered 7(a) and 8, the applicant proposes to dedicate certain portions of the property for future road improvements. Under the existing enabling legislation, the City may not accept these dedications until the proposed road improvements have been included in the 5-year CIP. Recognizing such limitation on the City's ability to accept the dedications, the proffer agreement provides that if the proposed road improvements have not been included in the 5-year CIP at the time of site plan or subdivision approval, the applicant will execute an appropriate agreement (in form acceptable to the City Attorney) to assure that the conveyance will be made upon inclusion of the improvements in the CIP. Such provision provides adequate assurance that the City will be able to take title to the property to be dedicated if and when the improvements are included in the 5- year CIP. GLF/dhh Enclosure INDIAN RIVER PLANTATION, INC., a Virginia co~poration INDIAN RIVER COUNTRY CLUB ESTATES, L.P. a Virginis llmited pat-tn~rahip THOMAS G. VANCE ROBERT F. RIPT.EY, JR. MARY EIJ.EN BRITT, ALICE M. BRITT, AND THEr.M& BRITT HARRIS TO: (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH a Municipal co~po~ation of the Commonwealth of Vil'~lia THIS AGREEMENT, made this 26th day of May, 1992, by and between INDIAN RIVER PLANTATION, INC., a Virginia corporation, INDIAN RIVER COUNTRY CLUB ESTATES, L.P., a Virginia limited partnership, THOMAS G. VANCE, ROBERT F. RIPLEY, JR., MARY ELLEN BRITT, ALICE M. BRITT, AND THELMA BRITT HARRIS (the "Grantors"), of the one part, and CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia (the "Grantee"), of the other part. WITNESSETH : WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantors addressed to the Grantee, so as to rezone the Grantors' property from R- 20, R-15 and R-10 Residential Districts and AG-1 Agricultural District to AG-2 Agricultural District and R-40 Residential District, with a Conditional Use Permit for a Recreational and Amusement Facility (i.e., golf course), on certain property located at the Northwest corner of the intersection of Indian River Road and West Neck Road, containing 325.1 acres, more or less, in Princess Anne Borough, in the City of Virginia Beach, Virginia; said property being referred to hereinafter as the "Property", more particularly described on Exhibit A attached hereto and incorporated herein. 1 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for residential use through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that in order to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land in a Residential Zoned classification are needed to cope with the situation which the Grantors' proposed development gives rise to; and WHEREAS, the Grantors have voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the Residential Zoning district or zone by the existing overall zoning ordinances, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property at the time of recordation of such instrument; provided, further, that said instrument is consented to be the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public 2 hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW, THEREFORE, the Grantors, for themselves, their assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions' and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agree that this declaration shall constitute covenants running with the said Property, which, shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Grantors agree to develop the property substantially in conformity with the Land Use Plans entitled "REZONING AND CONDITIONAL USE PLAN OF INDIAN RIVER PLANTATION", dated April 10, 1992, and "REZONING PLAN OF BRITT FARM", dated April 10, 1992, which said plans have been exhibited to the City Council and are on file in the Department of Planning. 2. The Grantors agree to develop a comprehensive stormwater management]open space protection plan to include conservation and mitigation, upon approval by the City of Virginia Beach, and prior to final plat recordation to include the following elements: (a) A description of the existing environmental hydrological conditions of the site and receiving water; (b) Delineation of non-tidai wetlands (if present) subject to approval by the Corps of Engineers; 3 (c) Changes in topography resulting from construction; (d) Protection of existing trees within the golf course exclusive of areas of golf course features such as fairways, roughs, greens, waterways and related golf course amenities. (e) Protection of critical edge habitat within Lots 25, 26 and 27 if present; (f) Identification of areas which support rare and endangered species and their habitat areas in accordance with information provided by the U.S. Fish and Wildlife Service and the Virginia Department of Conservation and Recreation; (g) Location of regional Best Management Practice facilities. 3. The Grantors agree to promote wildlife habitat by incorporating wetland benches within all wet ponds for the propagation of emergent vegetation. 4. The Grantors agree to provide a 50' buffer strip in the rear of all residential lots which abut existing agricultural operations. These buffers will be constructed as follows: (a) The first 25' of such area adjacent to an agricultural operation shall be planted to develop a grassed area. (b) The second 25' of such area shah be planted with a mixture of deciduous and evergreen trees of the seedling variety and placed in three rows on 10' centers. Assistance in the creation of this forested buffer will be provided by the City of Virginia Beach and the Virginia Department of Forestry. 4 Where the 50' buffer zones encompass existing trees, this vegetation shall be protected via a conservation easement. 5. The Grantors agree to provide the same buffer as described in Proffer #4 along the residential lot frontage that abuts Indian River Road and West Neck Road to preserve the rural integrity of the corridor. 6. The Grantors agree to minimize site disturbance by utilizing reduced pavement widths within required right-of-ways, reducing the length of cul-de-sac streets and incorporating flag lots, and providing roadside drainage ~ln · lieu of curb and gutter as part of the stormwater management system. Additionally, building envelopes for the placement of the structure and septic drain field shall be shown on all wooded lots (#3, 12, 25, 26, 27, 28 and clubhouse site) prior to pre]~mlnary subdivision submittal. Building envelopes shall be the minimum size necessary to accommodate the structure and related septic tank drain field. 7. The Grantors recognize that the subject site is located within the limits of Transitional Area II identified in the Comprehensive Plan of the City of Virginia Beach, adopted by City Council on March 5, 1991. The Comprehensive Plan states that all development within Transitional Area II shall pay its pro rata share of all needed capital improvements. In accordance, therewith, the Grantors agree to the following: (a) The Grantors agree to dedicate a maximum of 33 feet from the existing Indian River Road right-of-way (30 foot) along the frontage of the subject sites adjacent to Indian River Road to allow for an ultimate 96 foot right-of-way for Indian River Road in accordance with the City Master Street Highway Plan dated April 28, 1992. The right-of-way dedication will be made prior to or concurrent with the recordation of the first subdivision plat. In the event that the road improvements contemplated in this proffer have not been included in the City's 5-year CIP at the time of the site plan or subdivision approval, the Grantors agree to execute an appropriate agreement, in form acceptable to the City Attorney, to assure that such dedications will be conveyed to the City upon the inclusion of said projects in the CIP. If the property and[or improvements proffered by the Grantors in this paragraph are not used by the Grantee anytime within the next 20 years for the purpose for which they are proffered, then such property and/or any funds paid and unused may be used by the City of Virginia Beach for any other public purpose. (b) The Grantors recognize that other required fees normally associated with development process may be required. 8. The Grantors agree to dedicate additional right-of-way and construct right turn lanes at the two entrances that serve both the golf course and residential community on Indian River Road and West Neck Road. In the event that the road improvements contemplated in this proffer have not been included in the City's 5-year CIP at the time of the site plan or subdivision approval, the Grantors agree to execute an appropriate agreement, in form acceptable to the City Attorney, to assure that such dedications will be conveyed to the City upon the inclusion of said projects in the CIP. If the property and/or improvements proffered by the Grantors in this paragraph are not used by the Grantee anytime within the next 20 years for the purpose for which they are proffered, then such property and/or any funds paid and unused may be used by the City of Virginia Beach for any other public purpose. 9. The Grantors agree to embellish all entrances to the development with landscaping and signage treatment. 10. The Grantors agree to develop the golf course based upon the following criteria as outlined in the Comprehensive Plan, Amendment #CPA 91-16: (a) Stormwater and water quality control structures shall be used to supplement natural filtering systems such as wetlands and floodplains. (b) The course shall be designed so that rainwater drains naturally into the facility rather than away from it and that as much groundwater as possible be recycled. In doing so, however, the natural hydrologic system of the site shall be altered as little as possible. (c) Wet ponds and sand-peat filter combinations shall be used where conventional infiltration practices are not suitable. Wet ponds shah be designed to serve as a component of the site's irrigation system in order to reduce groundwater withdrawals for course watering. (d) All waterway crossings shall be kept to a minimum number and designed to mi~imlze impacts on the waterways. Elevated crossings on pilings shall be used to minimize impacts on the natural or constructed waterway, drainageway, or wetland. (e) Where tees and fairways are planned to be separated by landscaped corridors, these design attributes should ultimately convey a strong sense of privacy, peacefulness, natural beauty and safety. These corridors can also serve as interesting wildlife habitats, thereby making very positive contributions toward protecting the natural environment and helping the marketing potential of the golf course project. In the absence of acceptable natural vegetation in these areas, tree stands using native and diverse species with suitable understory landscape material shall be planted, where deemed appropriate by the golf course architect or planner, in order to achieve these objectives. Low cost plant material and tree seedlings are available for this and other purposes from the Virginia Department of Forestry. Additional features within these landscaped corridors, such as water traps, creek crossings and other design attributes are also encouraged as aesthetic complements of the golf course. (f) Areas used to store or dispose of pesticides, fungicides and herbicides shall be designed to contain any possible spills and protect the environment from flooding or accidental leakage to surface waters or to the groundwater system. Site development plans shall cleariy identify this area. (g) There shah be no connection between public trails, if any, along the outer periphery of the golf course and on-course golf paths; and (h) Sediment control during construction of golf courses shall be implemented in accordance with accepted erosion and sediment control practices including the following techniques: (1) Tees, fairways and greens shah be laid out to minimize the need for widespread disturbance of the land. (2) Clearing and soil exposure shall only occur on the portion of the site 'where construction activity will commence soon. Such activity shall be phased in order to enable effective erosion and sediment management of excavated land and be a component of the plan of development. (3) The techniques identified here shall be used, when feasible, to minimize the effect of heat pollution of nearby waterways caused by parking areas and other impervious surfaces. While it is recognized that such areas comprise a proportionally small amount of land in relation to the overall golf course area, these facilities are often located in areas that affect large natural ecosystems. Summertime rainwater runoff can quickly increase the temperature of receiving streams by 15 degrees Fahrenheit and can be damaging to aquatic life in these waterways: 8 (a) The Grantors sh-]! manage groundwater use to sustain acceptable groundwater levels. If possible, irrigation wells shall be located or distributed so as to avoid depleting groundwater sources, especially those that contribute to surface waterways; and (b) The Grantors shall use multiple ~gboth structural and non-structural, in order to reduce the temperature of heated water entering the environment. 11. It is recognized that further conditions may be required during the administration of applicable City ordinances and that there will be detailed site plan review to meet all applicable City codes, and that further conditions may be required during the administration of applicable City ordinances. 12. All references hereinabove to requirements and regulations applicable thereto refer to the 'Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of May 26, 1992, which is by this reference incorporated herein. 13. The covenants, conditions and restrictions set forth herein supercede in their entirety those set forth in that certain Declaration dated, 3/26~91, duly recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2979, at page 1379. A certified copy of the ordinance to approve the rezoning, which, pursuant to the terms of the 3/26/91 Declaration serves to nullify that Declaration, is to be attached hereto and recorded herewith as conclusive evidence of the Virginia Beach City Council's approval of the rezoning and the resulting nullification of the 3/26/91 Declaration. 14. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to 9 administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii), the bringing of legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator pursuant to the provisions, the Grantors shall petition to the governing body for review thereof prior to instituting proceedings in court; and (4) the Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and Grantee. WITNESS the following signatures: INDIAN RIVER PLANTATION, INC. a Virginia ~rporation y~'" a~'3 President INDIAN RIVER COUNTRY CLUB ESTATES, L.P. BY: INDIAN RIVER FARMS, INC., a Virginia corporation, General Partner President '\ lO Mary El~ien Britt Thelma 'B,iu Harris, Signature indicated by her mark STATE OF VIRGINIA CITY OF ViRGINIA BEACH, to-wit: I, ~__~~.~ ~. ~ . a No:.ary Public for the State of Virginia, do hereby c~ertify that Thomas C. Broyles, President of Indian River Plantation, Inc., as Virginia corporatior., and President of Indian River Farms, Inc., a Virginia corporation, on behalf of the corporations, and whose name is signed to ~e foregoing inst,'-ament beating date on the ,.6,h day of May, 1992, has acknowledged the c, ame before me in the City and State aforesaid on the 7th day of June, 1992. My commission exp,res: ~/-,~' / _~--~ STATE OF VIRGINIA CITY OF ViRGINIA BEACH, to-wit: 1,..,~- ,~L~/ ~ ~ ,aNotaryPublicfortheS~ate of Virginia, ac hereby certify that Thomas G. Vance, whose name is signed to the foregobng instrument bearing date on the 26th day of May, 1992, has acknowledged the same before me in the City and State atbresaid, on thz 7th day of June, 1992. My commission expires: Notary Public STAT~ OF VIRGINIA ciT¥ ov to-wit: I, ~ ~4.46 ~/.~n~ a Notary Public. for th~ State of I . 'qirginia, do hereby certify that Robert F. Ripley, Jr., whose nan',e is signed to the foregoing instrument bearing de. re on ~i~e zorn day ~,t May, 1992, h~s acknowle,lgea the same before me in the City and S~on the 9th d of June, 1992. ,~>z.~ a~.~,~' / / Notary Public My conunission expires: 11 STATE OF VIRGINIA t x- , ,, CITY/COUNTYOF L/~ l~o.j/~to-wit: I, J.~. ~ ~t )J ~', _l~oa-x ~/~*~,, a Notary Public for the State of Virginia, do hereby certify that Mary Ellen Britt, whose name is signed to the foregoing instrument bearing date on the 26th day of May, 1 ~9~_~, has acknowledged the same before me in the City and State aforesa' on t // day of June, 1992. Notary Public My commission expires: ['- ~'/"'-t9~' STATE OF VIRGINIA ~,., CITY/COUNTY OF \/~t~,,qt/~ ~&to-wit: I, CIF"r")C )-~CF~C~_ ,aNotary Public for theStateof Virginia, do hereby certify that Alice M. Britt, whose name is signed to the foregoing instrument bearing date on the 26th day of May, 1992, has acknowledged the same before me in the City and State aforesaid on the (.¢.~ day of J3afe, 1992. Notary Public My commission expires: STATE OF ViRGBNiA/// x., v, CITY/COUNTY OF '~/cc,co~ a-~'ac.d, xto-wit: I, t h'~, a Notary Public for the State of Virginia, do hereby certify that Thelma Britt Harris, whose name is signed by the use of an "X", to the foregoing instrument bearing date on the 26th day of Mayh.,1992, has acknowledged the same before me in the City and State aforesaid on the/.,~ day of June, 1992. Notary Public My commission expires: 1--.~// "'?-~ 12 EXHIBIT A PARCEL ONE ALL THAT certain piece of parcel of land, situate in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel "C", on that certain plat entitled "Subdivision Plat of. Parcel C, Britt Farm, December 13, 1988, Princess Anne Borough, Virginia Beach, Va." made by Talbot & Associates, Ltd., Architects, Engineers, Planners, Surveyors, Landscape Architects, said Parcel "C" containing sixteen (16) acres, which said plat is recorded with the Deed of Exchange dated December 20, 1988, between Mary Ellen Britt and others, recorded in the Clerk!s Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2800, at page 1866. PARC~:I. TWO ALL THAT certain lot, piece of parcel of land, lying, being and situate in the City of Virginia Beach, Virginia, shown on that certain plat entitled "BOUNDARY SURVEY OF ROSS PROPERTY FOR VIRGINIA LAND INVESTMENT ASSOC. #6", made by Talbot & Associates, Ltd., and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, herewith and bounded and described as follows: BEGINNING at a point marked by an axle which constitutes the westernmost point of the property hereby conveyed as shown on the aforesaid plat, and from said point of beginning, running N 49o 55' 8" E 637.40 feet to a point marked by a pipe; thence along the center line of a ditch, which line marks the boundary between the property hereby conveyeed and the property now or formerly W. W. Oliver, Jr., S 620 40' 00" E 2277.82 feet; thence along the center line of another ditch S 400 38' 47" W 1331.46 feet; thence along the center line of another ditch N 61o 10' 33" W 801.20 feet; thence N 61o 53' 06" W 167.47 feet; thence N 620 56' 35" W 196.51 feet; thence N 640 20' 50" w 129.84 feet; thence N 32o 21' 13" W 170.50 feet; thence N 24o 01' 13" W 669.40 feet; thence N 260 21' 32" W 331.91 feet to the point of BEGINNING. SUBJECT TO the rights of Calvin C. Upton and Walter A. Capps, as reserved in the aforesaid deed recorded in Deed Book 1360, at page 275. PARC~. THREE ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, and the appurtenances, easements and rights-of- way thereunto belonging, situate, lying and being in Princess Anne Borough, Virginia Beach, Virginia, as shown on that certain plat entitled "SURVEY OF PROPERTY OF HARRELL FARM COMPANY (DB. 1005, P. 590)", Sca]e: 1" = 300', dated November 8, 1989, made by Talbot & Associates, Ltd., duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 198, at page 85. BEGINNING at the point of intersection of the northern right-of-way line of Indian River Road and the western right-of-way kine of West Neck Road; thence along northern right-of-way line of Indian River Road N 77o 04' 49" W, a distance of 4,003.35 feet to a point; thence N 29o 25' 15" E, a distance of 1,034.53 feet to a point; thence N 63o 25' 40" W, a distance of 497.74 feet to a point; thence N 40o 38' 47" E, a distance of 1,512.91 feet to a point; thence S 620 39' 51" E, a distance of 1,449.69 feet to a point; thence N 300 16' 31" E, a distance of 1,475.10 feet to a point; thence S 640 41' 59" E, a distance of 237.25 feet to a point in the southern/western right-of-way line of West Neck Road; thence along southern/western right-of-way line of West Neck Road in a southeasterly direction along a curve to the left having a radius of 492.77 feet, a distance of 192.58 feet to a point; thence along the southern/western right-of-way line of West Neck Road S 640 41' 59" E, a distance of 395.56 feet to a point; thence S 30o 48' 01" W, a distance of 1,467.78 feet to a point; thence S 54o 24' 03" E, a distance of 1,335.88 feet 13 to a point in the western right-of-way line of West Neck Road; thence along the southwesterly direction along a curve to the left having a radius of 2,059.89 feet, a distance of 536.28 feet to a point; thence along the western right-of-way line of West Neck Road S 07o 06' 28" W, a distance of 841.22 feet to the point of BEGINNING. PARCEL FOUR Ar,r. THAT certain tract, piece or parcel of land, situated in West Neck, in Seaboard District, Virginia Beach, Virginia, bounded on the north by the lands of W. I. Whitehurst, on the west by the lands of Elias Riddick, on the east by the lands of Rueben Fountain, and on the south by the lands of Roper, Whitehurst and others, containing as shown by the land books, eighty-nine (89) acres, more or less, together with all buildings and improvements thereon, or in anywise appertaining. Less and l~xeept (A): All that certain tract, piece or parcel of land, situate, lying and being in the Princess Anne Borough of the City of Virginia Beach, Virginia, and being more particularly designated as "3.26 Ac." on that certain plat entitled: "SUBDIVISION OF PROPERTY OF JOSIE M. BRITT, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VA", which plat is dated May 3, 1968, and was made by W. B. Gallup, Surveyor, and which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 75, at page 48. Less and Except (B): Ail that certain tract, piece or.parcel of land, situate in the City of Virginia Beach, Virginia, known, numbered and designated as "Parcel B" on that certain tract entitled: "Subdivision of Property of Josie Britt, Estate, Princess Anne Borough, Virginia Beach, Virginia, D.B. 184, P. 359", dated April 18, 1985, made by Stephen I. Boone & Associates, P.C., duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2429, at page 851. Less and Except (C): All that certain lot, piece or parcel of land, situate in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel "A" on that certain plat entitled: "Subdivision of Property of Josie Britt, Estate, Princess Anne Borough, Virginia Beach, Virginia", made by Stephen I. Boone & Associates, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2429, at page 851. 14 Item I I-K.t.I. - 45 - PUBLIC HEARING ITEM # 35881 PLANNING Upon motion by Councilman Dean, seconded by Councilman Moss, City Council MOVED FORWARD and DEFERRED to the October 27, 1992, City Council Session: AMENDMENT to the City's Co~rehensive Plan to revise land use policies and recommendations affecting those parcels adjacent to and in the general vicinity of General Booth Boulevard from Oceana Boulevard to Princess Anne Road. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. July 14, 1992 - 46 - Item I II-L.1. APPOINTMENTS ITEM # 35882 Upon NOMINATION by Vice Mayor Sessoms, City Council: APPOINTED: REAPPOINTED: ADVERTISING ADVISORY REVIEW COMt41SSION Linwood O. Branch III Louis R. Jones (City Council (Ex-Officio Charles G. Barker Thomas A. Barton, Jr. Macon Fo Brock, Jr. W. Andrew Burke Thomas J. Lyons, Jr. Thomas B. Matthews David Pender III James B. Ricketts Daniel N. Ryan, Sr. Linda H. Scanlan David H. Stovall Staff Ex-Officio Staff Ex-Officio Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor~ Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 -47 - Item II-L.2. APPOINTMENTS ITEM # 35883 Upon NOMINATION by Vice Mayor Sessoms, City Council: APPOINTED: ARTS AND HUMANITIES COMMISSION Leonette S. Adler Darlene K. Thurman REAPPOINTED: Juanita G. Felton FIo McDaniel Ernestine K. Middleton Phillip W. Richardson 2 year terms 7/1/92 - / 0/94 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James WA Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 -48 - Item I I-L.3. APPOINTMENTS ITEM # 35883 Upon NOMINATION by Councilwoman Parker, City Council APPOINTED: CLEAN COMMUNITY COMMISSION John A. Baum City Council Ex Officio Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 - 49 - Item I I-L.4. APPOINTMENTS ITEM # 35884 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: DEVELOPMENT AUTHORITY Kenneth F. Palmer 4-year term 9/1/92-8/31/96 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 7992 - 50 - Item II-L.5. APPOINTMENTS ITEM # 35885 Councilman Jones NOMINATED Vice Mayor William D. Sessoms, Jr., for APPOINTMENT to the DEVELOPMENT AUTHORITY as City Council Liaison. Councilman Moss NOMINATED Nancy K. Parker for APPOINT~IENT to the DEVELOPMENT AUTHORITY as City Council Liaison. Council Members Voting for Vice Mayor William D. Sessoms, John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Voting for Nancy K. Parker: Robert K. Dean, John D. Moss, Oberndorf and Nancy K. Parker Mayor Meyera E. City Council APPOINTED: DEVELOPMENT AUTHORITY Vice Mayor William D. Sessoms, Jr. City Council Liaison. July 14, 1992 -51 - Item I I-L.6. APPOINTMENTS ITEM # 35886 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: HUMAN RIGHTS COMMISSION Joshua Edwards unexpired term thru 1/31/93 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 - 52 - Item I I-L.7. APPOINTMENTS ITEM # 35887 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: MILITARY LIAISON COMMITTEE The Honorable Meyera E. Oberndorf Mayor W. D. Sesson~, Jr. Vice Mayor James K. Spore City Manager Sidney L. Faucette School Superintendent Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 - 53 - Item I I-L.8. APPOINTNENTS ITEM # 35888 BY CONSENSUS, City Council RESCHEDULED the following APPOINTttENTS: PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD July 14, 1992 - 54 - Item I I-Lo9. APPOINTMENTS ITEM # 35889 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: SOCIAL SERVICES BOARD Charles E. Flowers John E. Driver year terms /92-6/30/96 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None July 14, 1992 - 55 - Item I II-L.IO. APPOINTMENTS ITEM # 35890 Vice Mayor Sessoms NOMINATED WETLANDS BOARD: Daniel H. Templeton for APPOINTMENT to the Councilman Dean NOMINATED Molly Brown for APPOINTMENT to the WETLANDS BOARD. Council Members Voting for Daniel H. Templeton: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Voting for Nancy K. Parker: Robert K. Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker City Council APPOINTED: WETLANDS BOARD Daniel H. Templeton 5-year term 10/1/92-9/30/97 July 14, 1992 -57 - Item I I-M.1 UNFINISHED BUSINESS ITEM # 35891 (Continued) A MOTION was made by Councilman Moss, seconded by Councilwoman Parker, to ADOPT an Ordinance restricting travel expenses for Councilmembers. Voting: 3-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Robert K. Dean, John D. Moss and Nancy K. Parker Counci Members Voting Nay: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Counci Members Abstaining: Linwood O. Branch, III and and Mayor Meyera E. Oberndorf Counci Members Absent: None Mayor Oberndorf ABSTAINED as she did not wish to reflect any adverse opinions by others that she was requesting special privileges for her position. Councilman Branch ABSTAINED as more important issues (water and economic development) required discussion. Councilman Branch wished both Ordinances be WITHDRAWN. July 14, 1992 - 56 - I~em II1-~o UNFINISHED BUSINESS ITEM # 35891 A MOTION was made by Councilman Moss, seconded by Councilwoman Parker, to ADOPT an Ordinance restricting travel expenses for Councilmembers. A SUBSTITUTE MOTION was made by Councilman Lanteigne, seconded by Councilman Brazier, to ADOPT, as AMENDED, an Ordinance restricting traYel expenses for Council members. On Line 18, the last three words: "..in-city or" shall be DELETED. The paragraph shall read: "That Councilmembers shall only be eligible for out-of-city travel expense reimbursements when authorized by the City Council;" Line 21, 22 and 23 shall be DELETED: "That this restriction shall not apply to the Mayor or a Councilmember designated by the Mayor to represent the Mayor in the conduct of official city business." Voting: 3-7 (MOTION LOST TO A NEGATIVE VOTE) Counci Members Voting Aye: James W. Brazier, Jr., Paul J. Lanteigne and Mayor Meyera E. Oberndorf Counci Members Voting Nay: John A. Baum, Robert W. Clyburn, Robert K. Dean, Louis R. Jones, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Counci Members Abstaining: Linwood O. Branch, III Council Members Absent: None Councilman Branch ABSTAINED as more important issues (water and economic development) required discussion. Councilman Branch wished both Ordinances be WITHDRAWN. July 14, 1992 - 58 - Item I I I-M.2 UNFINISHED BUSINESS ITEM # 35892 Councilwoman Parker requested the status of the utilization of foot baths in the Resort area which she had previously referenced during the July Seventh City Council Session. The City Manager advised as of yesterday, July 13, 1992, the foot baths had been turned off. July 14, 1992 - 59 - Item I I-M.3 UNFINISHED BUSINESS ITEM # 35893 A MOTION was made by Councliman Dean, seconded by Councilman Brazier, to ADDiON to the Agenda the five issues concerning Reapportionment, previously voted by the previous members of City Council on June 23, 1992. Voting: 7-4 (MOTION FAILED, AS 8 VOTES ARE REQUIRED) Council Members Voting Aye: James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John A. Baum, Linwood O. Branch, III, Louis R. Jones and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None As per request of Councilman Dean, this item will Council Session of August 4, 1992. be SCHEDULED for the City July 14, 1992 - 60 - Item I I-N. lo NEW BUSINESS ITEM # 35894 Upon ~tion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED: Resolution directing the Planning Commission study and forward to City Council its recommended amendments re the City Zoning Ordinance as it relates to Adult Bookstores. Councilman Jones wished to include on line 35 of the Ordinance to Amend and Reordain Article 9, Section 901(a) of the City Zoning Ordinance, the figure "750" prior to the word "feet". Voting: 11-0 Counci Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Counci Members Voting Nay: None Counci Members Absent: None July 14, 1992 Requested by Councilmember Louis R. Jones 1 2 3 4 5 6 7 A RESOLUTION DIRECTING THE PLANNING COMMISSION TO STUDY AND FORWARD ITS RECOMMENDATION TO THE CITY COUNCIL CONCERNING PROPOSED AMENDMENTS TO THE CITY ZONING ORDINANCE PERTAINING TO ADULT BOOKSTORES 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 WHEREAS, currently the City Zoning Ordinance does not regulate the location of adult bookstores in the City; and WHEREAS, certain adult bookstores may have a deleterious effect on nearby residential and other uses for reason of the adult bookstores attracting criminal activities and their adverse impact on the economic value of the residential and other uses; and WHEREAS, the City Council desires to protect residential, church, park and school properties from the harmful secondary effect that may be produced by the location of adult bookstores in proximity to those uses. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Planning Commission is hereby directed to study and forward its recommendation to the City Council concerning the proposed ordinances pertaining attached hereto. 2. That the Planning to adult bookstores which are Commission shall forward its recommendation to the City Council within 30 days of the adoption of this Resolution. 27 28 Adopted by the Council of the city of Virginia Beach, Virginia on the 14 day of July , 1992. 29 30 31 CA-4768 \ORDIN\NONCODE%ADULT.RES R-1 6 7 8 9 10 11 12 13 14 Requested by Councilmember Louis R. Jones T AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 111 OF THE CITY ZONING ORDINANCE PERTAINING TO THE DEFINITION OF THE TERM ADULT BOOKSTORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 111 of the City Zoning Ordinance is hereby amended and reordained by adding thereto in. appropriate alphabetical sequence the definition for Adult Book Store to read as follows: Section 111. Definitions. Adult Book Store. An "adult book store" is: An establishment 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 that either (1) has twenty-five percent (25%) or more of its stock for sale on the premises, or has twenty-five percent (25%) or moro of its stock on display, in books, magazines, periodicals, drawinqs, sculptures, motion pictures, films, video tapes or photoqraphs which are distinguished or characterized by their emphasis on matter depicting, describing or relatinq to "specified sexual activities" or "specified anatomical areas" as defined herein; or (2) has on the premises one (1) or more mechanical or electronic devices for viewing such materials. (a) Specified Anatomical Areas: (1) Less than completely and opaquely covered: (i) human genitals, pubic region, buttock; and (ii) female breast below a point immediately above th~ top of the areola. (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (b) Specified sexual activities. (1) Human genitals in a staqe of sexual stimulation or arousal. 34 35 36 37 38 (2) Acts of human masturbation, sadomasochistic abuse, sexual penetration with an inanimate object, sexual intercourse or sodomy. (3) Fondlinq or other erotic touchinq of human genitals, pubic reqion, buttock or female breast. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1992. 41 42 43 CA-4731 \ORDIN\PROPOSED\45-Olll.PRO R-3 2 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 Requested by Councilmember Louis R. Jones AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 9, SECTION 901(a) OF THE CITY ZONING ORDINANCE PERTAINING TO USE REGULATIONS OF RETAIL ESTABLISHMENTS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 901(a) of the City Zoning Ordinance is hereby amended and reordained to read as follows: Section 901. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4 Business Districts. Those uses and structures in the respective business districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult bookstores shall be prohibited from locatinq within *********** feet of B-1 B-iA B-2 B-3 B-4 36 37 38 39 40 41 42 43 44 any residential multiple-family park or school zone, sinqle or dwellinq, church, X P P p p Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 1992. CA-4730 \ORDIN\PROPOSED\45-0901A.PRO R-1 2 - 61 - Item I I-N.2. NEW BUSINESS ITEM # 35895 ADD-ON Councilman Moss sponsored Jennifer Smith who spoke relative incompatibility of the zero lot line. In the B-2 zoning, it allows construction under the zero lot line to accommodate strip shopping centers. All B-2 are not strip shopping centers. Mrs. Smith and her husband are owners of Thalia professional building, existing for over 30 years (Thalia Road and Virginia Beach Bouelvard. A building has been built adjacent to her property and Mrs. Smith) assumed there would be a setback. The fire wall is on her property line. The building is directly behind her building. City Staff will study and report by the City Council Session of September 15, 1992, a possible remedy to correct this deficiency in B-2o July 14, 1992 - 62 - Item III-N.3. NEW BUSINESS ITEM # 35896 BY CONSENSUS, a Briefing will be SCHEDULED: RECREATIONAL DEVELOPMENT AUTHORITY August 4, 1992 July 14, 1992 - 63 - Item I I-N.4. NEW BUSINESS ITEM # 35897 ADD-ON Councilwoman Parker sponsored Jo Hasskett Howern to speak relative the Ferry Farm House in connection with the applications of the OLD DONATION FARM PARTNERSHIP (Adopted June 8, 1987). This House has fallen into disrepair. Mrs. Howern advised the following conditions of approval: The Developer shall budget $100,000 for the repair of the exterior of the Ferry Farm House and such repairs shall be made by the developer prior to the platting of the twentieth lot; Establishment of a Historical and Cultural District over the 3.9 acre parcel on which the Ferry Farm House is located, with no development; The Deed of Conveyance from the developer to any future owner or owners of the Farm House and fifteen feet (15') around the Home shall stipulate that it shall never be torn down or used as a dwelling; The Ferry Farm House shall be donated to the Arts Center of Virginia Beach and the parking places, as shown on the site plan shall be to accommodate visitors of the Ferry Farm House. Mrs. Howern advised the Ferry Farm House is open and subject to vandalism. Mrs. Howern stated the House is unprotected and unattended. The grounds have not been kept. The City Staff will secure the Ferry Farm House, check the ownership and advise City Council. July 14, 1992 - 64 - Item III-O.1. ADJOURNMENT ITEM # 35898 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:53 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk R~fth HodgesWSmith, CMC/AAE City Clerk Mayor City of Virginia Beach Virginia July 14, 1992 Item III-O.1. ADJOURNMENT ITEM # 35898 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:53 P.M. Beverl~ O. Hooks, CMC Chief Deputy City Clerk P~th Hodges ~mith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia July 14, 1992 AGENDA ITEM # I/A F/1 G/1 H/1 H/2 H/3 H/4 H/5 H/6 H/7 H/8 H/9 H/lO CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: JULY 14, 1992 PAGE: ONE SUBJECT CITY COUNCIL/SCHOOL BOARD JOINT WORKSHOP - SCHOOL CIP INFORMAL/FORMAL SESSIONS CERTIFICATION OF EXEC SESSION MINUTES: July 7, 1992 PRESENTATION: RESIDE WITH PRIDE MOTION TO CERTIFIED APPROVED Priscilla Beede W. Kevin King John Kunz Resolution authrzng non-financial ADOPTED agrmt with SVJTA re 1992 Job Training Partnership Act Summer Employment/Training Program Resolution to authrz Citibank issue/deliver to Brian J. Davis, San Antonio, Texas, duplicate GO Bond, numbered R-2445, at $10,000, bearing 10% interest, dated 7-15-84/maturing 7-15-98 Ordnc to APPROPRIATE $575,400 to the US Treasury Dept re rebate- able arbitrage on 1987 GO Bonds Ordnc to APPROPRIATE $116,000/ TRANSFER $242,978 to Seatack liB St/Drainage totaling $358,978 Ordnc to APPROPRIATE $37,397 Grant/TRANSFER $12,466 match in Police Dept FY 92-93 Budget re St Level Narcotcs Enforcmt Prgrm ADOPTED ADOPTED ADOPTED ADOPTED Ordnc to APPROPRIATE $13,500 fro~ ADOPTED Va Dept of Housing/Commty Dvlpmt re Emergency Home Repair Prgrm Ordnc to APPROPRIATE $8,000 from HUD re Section 8 Family Self Sufficiency Prgrm Ordnc to TRANSFER $67,375 from various Schools CIP Projects to install traffic signal at Salem High School/Lynnhaven Parkway LOW BID with advance notice to proceed: A & W CONTRACTORS INC/ Seatack St Improvmts Phase liB/ $1,357,083.97 Parks/Rec to release a standard Ipark open space reservation site lin Southgate III I I ADOPTED ADOPTED APPROVED AUTHORIZED WITH "TERMS OF UNDERSTANDING" NOTED PASSED 10-0 10 -0 11-0 11 -0 11---0 11-0 1 1-0 11 -0 11-0 11 -0 11-0 11-0 I I I I I I I lB lB IR IR IA B IA Iz AINll C L Y B U J olo EIN L A N IE T IR E IN I MID G olo UlClE R AlE N SIR E l I I I I I Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y IY Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y t Y ~ Y ¥ Y Y Y Y Y Y Y Y AGENDA ITEM # H/11 i/1 J/~ d/1/a J/1/b J/1/c J/1/d K/1/a K/1/b K/1/c 1, e e K/1/d K/1/e 2. 3. 4. CITY OF VIRGINIA BEACH SUHMARY OF COUNCIL ACTIONS DATE: JULY 14, 1992 PAGE: TWO SUBJECT Tax refunds: $1,379.67 PUBLIC HEARING: FY 92-93 SCHOOL OPERATING BUDGET PROPOSED INCREASES Ordncs to APPROPRIATE re FY 92-93 School Operating Budget: Food Services Enterprise - $14,255,521 School Grants - 12,440,264 School Textbook - 3,152,100 Student Athletics - 346,000 MOTION TO ADOPTED NO SPEAKERS ADOPTED PARCEL 4-A ASSOCIATES, L.P. Condtl Zoning from I-1 to B-2 at Saber St/Phoenix Dr 11.8021 acres (LYNNHAVEN BOROUGH) I REV. WILLIAM H. PERRY authrz IAPPROVED/ enlargmt of nonconforming use at ICONDITIONED 456 Rudder Rd (LYNNHAVEN BOROUGH) DEFERRED TO 8/25/92 Ordncs authrzng temp encroachmts: Portion of the City's property known as public beach at 4600 Oceanfront Ave to R.G./Frances R. Moore re structural improvmts (VIRGINIA BEACH BOROUGH) Portion of r-o-w of Windsor Cres to Jerry C. Seay re structural improvmts (BAYSIDE BOROUGH) Portion of r-o-w of Holland Rd to Holland Woods Associates re maint of wooden picket fence (PRINCESS ANNE BOROUGH) INDIAN RIVER PLANTATION INC/ BRITT FARM Variance to Sections 4.1/4.4/5.5 of Subdvsn Ordnc for reduction of pavement width/use of swales/flag lot configuration on Lots 6/10/27/38 at West Neck Rd/Indian River Rd (PRINCESS ANNE BOROUGH) DEFERRED TO 8/11/92 DENIED ALLOWED W I THDRAWAL APPROVED, SUBJECT TO PROFFERS/RESERVE RIGHT TO REVIEW COZ of 4/19/91/ FORWARD CITY ATTY ANALYSIS TO CITY COUNCIL WITHIN 60 DAYS (9/15/92~ THELMA BRITT HARRIS Condtl Zoning in Transition Area II (PRINCESS ANNE BOROUGH): From R-lO to R-40, 5.4 acres From R-15 to R-40, 2 acres From AG-2 to R-40, 9.7 acres From AG-1 to R-40, 12.9 acres Indian River Rd/West Neck Rd PASSED 11-0 11-0 11-0 11-0 11 -0 11-0 11-0 11-0 B R B IA AIN UlC B R A Z I E , j J IE IN AI B O t01~ IM ID IR [' U E IN IG I0 I0 IK I' R A IE IN IS IR IE Il M E S ' Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y YIY Y Y Y Y Y Y Y Y Y Y Y Y Y Y ~ Y ~ Y Y Y Y Y Y YIY Y Y CITY OF VIRGINIA BEACH SUNNARY OF COUNCIL ACTIONS AGENDA ITEM # K/1/f K/1/g K/I/h K/1/i K/1/j K/1/k K/1/I DATE: JULY 14, 1992 PAGE: THREE SUBJECT ALICE BRITT/MARY E. BRITT/ THELMA V. HARRIS Condtl Zoning in Transition Area II (PRINCESS ANNE BOROUGH): From R-lO to AG-2, 6.8 acres From R-20 to AG-2, 2.3 acres Indian River Rd/West Neck Rd JAMES L. MILLER/INDIAN RIVER PLANTATION, INC/INDIAN RIVER COUNTRY CLUB ESTATES, L.P./ THOMAS VANCE/ROBERT RIPLEY Condtl Zoning from R-20 to AG-2 in Transition Area I.I, 115 acres (PRINCESS ANNE BOROUGH): Parcels 1-7/Indian River Rd/ West Neck Rd JAMES L. MILLER/INDIAN RIVER PLANTATION, INC/INDIAN RIVER COUNTRY CLUB ESTATES, L.P./ DOCKERY LAMBERT, JR/THOMAS VANCE/ ROBERT RIPLEY Condtl Zoning from R-lO to AG-2 in Transition Area II, 97.5 acres (PRINCESS ANNE BOROUGH): Parcels 1-3/ West Neck Rd/ Indian River Rd JAMES L. MILLER/INDIAN RIVER PLANTATION, INC/INDIAN RIVER COUNTRY CLUB ESTATES, L.P. Condtl Zoning from R-15 to AG-2 in Transition Area II, 102.5 ac (PRINCESS ANNE BOROUGH): Parcels 1-3/Indian River Rd/ West Neck Rd INDIAN RIVER PLANTATION, INC./ THOMAS VANCE/ROBERT RIPLEY Condtl IZoning in Transition Area II (PRINCESS ANNE BOROUGH): From AG-2 to R-40, 76.8 acres From AG-1 to R-40, 22 acres Indian River Rd/West Neck Rd INDIAN RIVER PLANTATION, INC./ INDIAN RIVER COUNTRY CLUB ESTATES L.P. CUP: golf course at Indian River Rd/West Neck Rd in Transition Area II, 180.4 acres (PRINCESS ANNE BOROUGH) AMEND Comp Plan to revise land use policies/recommendations affecting parcels adjacent to/in vicinity of Genrl Booth Blvd from Oceana Blvd to Princess Anne Rd MOTION TO DEFERRED TO 10/27/92 PASSED 10 -0 BIA B C R L A Y Z B I U J BIO EIN L A N T E G lO I Io I I I I DIRI OIKI u lc E R A IE N Is R lEI Y Y Y Y Y Y Y Y Y Y A AGENDA ITEM # CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: JULY 14, 1992 PAGE: FOUR SUBJECT APPOINTMENTS: ADVERTISING ADVISORY REVIEW COMM ARTS AND HUMANITIES COMM CLEAN COMMUNITY COMM DEVELOPMENT AUTHORITY HUMAN RIGHTS COMM (Resignations) MILITARY LIAISON COMM PARKS AND RECREATION COMM PUBLIC LIBRARY BOARD MOTION TO APPOINTED: Ill-0 IY Linwood O. Branch III I (City Council ExOfficio) Louis R. Jones I I (City Council ExOfficio) REAPPOINTED: I Charles G. Barker Thomas A. Barton, Jr. Macon F. Brock, Jr. W. Andrew Burke (Staff ExOfficio) Thomas J. Lyons, Jr. Thomas B. Matthews David Pender III James B. Ricketts (Staff ExOfficio) Daniel N. Ryan, Sr. Linda H. Scanlan David H. Stovall I APPOINTED: I 11-0 Y Leonette S. Adler Darlene K. Thurman REAPPOINTED: I Juanita G. Felton FIo McDaniel I Ernestine K. Middleton Phillip W. Richardson 12 year terms 7/1/92-6/30/94 APPOINTED: John A. Baum (City Council ExOfficio) APPOINTED: 7-4 W. D. Sessoms, Jr. (City Council Liaison) REAPPOINTED: I 11-0 Kenneth F. Palmer 14 year term 19/~/92-8/~1/9~ BIA AIN APPOINTED: Joshua Edwards unexpired term thru 1/31/93 RESCHEDULED B R A Z I B U EIN I I Iol A IBI N lEI T IR IP E IN IA 1~4 ID IR I0 I0 IK ulc E R AlE NISlRIE IPASSED IM IH IR IN IN IS IE IS IF IR I~ Y Y Y Y Y Y Y Y Y Y 11-0 jY y y y y y Y Y Y Y , y *votes for Parker Y 11 -0 Y Y Y C 0 C 0 Y Y Y Y N N Y Y Y Y S S APPOINTED: 11-0 Meyera E. Oberndorf Mayor I W. D. Sessoms, Jr. Vice Mayor I James K. Spore I City Manager I Sidney L. Faucette School Superintendent (no term) I I RESCHEDULED I I t Y Y Y Y E E Y Y Y Y Y Y ¥ Y Y Y Y * J* * y Y Y Y Y Y Y Y Y YIY Y Y N S U S NISUS AGENDA ITEM # M/1 M/ADD ON M/ADD ON N/1 N/ADO ON N/ADD ON N/ADD ON CITY OF VIRGINIA BEACH SUHMARY OF COUNCIL ACTIONS DATE: JULY 14, 1992 PAGE: FIVE BIA A IN I I BlCl RILl AIYI Z lB ID I lu IE J 0 N L A N T E I IM Gl0 SUBJECT SOCIAL SERVICES BOARD WETLANDS BOARD U lC E IR IA E N IS APPOINTED: 11-0 Y Y Y Y Y IY ICharles E. Flowers I I I Ordnc restricting travel expenses MOTION TO for Council Members (Sponsored b' Councilman John D. Moss) Footbaths at Oceanfront vs Conservation of Water Five issues (questions) re Reapportionment Resolution directing Planning Comm study/recommend amendments re CZO as it relates to Adult Bookstores (Sponsored by Councilman Louis R. Jones) Jennifer Smith re B-2 zoning and zero lot lines Recreational Development Authority Old Donation Ferry Farm House re safety, security, preservation IJohn E. Driver 14 year terms 17/1/92-6/30/96 I I IAPPOINTED: I 7-4 IDaniel H. Templeton 15 year term 110/1/92-9/30/97 I I I ADOPT LOST TO I NEGATIVE VOTE I I CITY MGR ADVISED FAUCETS CUT OFF SCHEDULED FOR 8/4/92 ADOPTED STAFF TO STUDY AND REPORT BY 9/15/92 SCHEDULED BRIEFING 8/4/92 I STAFF TO SECURE/ CHECK OWNERSHIP/ ADVISE I l I 5:55 PM I I 3-6 11 -0 ADJOURNMENT: I I I I I I Y IY Y IY I* *votes for Mol I I I I I N I* IN *Branch I I I I lB Y C I Y Y Y B Y C I I I I N IY N ~Ober ndor~ 0 N S Y Y Y 0 N S y Brown I I I I NIY absta E N Y Y E N I I Iol IBI lEI RIP NIA DIR OIK RIE FIRI I I I I I I * I* I I I I I ned S U S Y Y Y S U S CITY COUNCIL RECESS JULY 15 - 31, 1992 CITY COUNCIL LEADERSHIP/GOAL SETTING WORKSHOP AUGUST 21 - 22, 1992