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Home My WebLink AboutMAY 14, 1990 MINUTES oit "WORLD'S LARGEST RESORT CITY" CITY COUNCIL M.YM MV4M E OMRNWW. VAM MAWR WOERT C. FEN7'Ml% V.,@.. b-,@ @AT W. @0. L@ @ JOHN & MUM. @ @.4 MEW@K . @@ @ U. HENLEY. N., @,h MM S. @. @ A- pmamm@B-@ NANCY K. PARKE& M L- JO"N L PERRY. Dr& @lh WIWAM D. @@S. JR.. A. 2.1 C@ IIAU UIWI@ CITY COUNCIL AGENDA MUN@IPAL C@TER AUBMY V. WATM ]k. C., .,- VIRI;IN. @'t VIR.INIA L.ESUE L ULLEY. Ci., A..- RUTJI i@U.WITII. CMCIAAE. C., C@, MAY 14, 1990 ITEM 1. CITY MMAGER'S RECONCILIATION WORKSHOP., - Conference Room 12: NOON A. FY 1990-1991 OPERATING BUDGET ITEM 11. COUNCIL CONFERENCE SESSION - Conference Roan - 1:00 PM A. CITY COUNCIL CONCERNS ITEM 111. L U N C H - Conference Roorn - 1:20 PM ITEM IV. INFORMAL SESSION - Conference Roorn -1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL MOTION TO RECESS INTO EXECUTIVE SESSION ITEM V. FORMAL SESSION Council Chamber 2:00 pl4 A. INVOCATION: Reverend Michael Hurt Virginia Beach Community Chapel B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL 'D. 'CERTIFICATION OF EXECUTIVE SESSION E. MINUTES 1. INFORMAL & FORMAL SESSIONS - May 7, 1990 F. PRESENTATION 1. LABOR DAY CMMITY COORDINATION COW!TREE Andrew S. Fine, Go-Chair Dr. Harrlson B. Wilson, Co-Chair G. 'PUBLIC HEARING 1. 'EmORFEST@@@.1990 H. RESOLUTIONS 1. Resolution approving the use of Red Wing Park during Laborfest 199C for activities recommended by the Labor Day Community Coordination committee; and, authorizing and directing the City Manager to Issue a permit. 2. Resolution authorizing and directing the City Manager to close certain streets during Laborfest 1990- i. ORDINANCES/RESOLUTION 1. FY 1990-1991 OPERATING BLIDGET - BUDGET ITEMS A ITEM Al Ordinance, upon SECOND READING making-APPROPRIATIONS for the Fiscal Year beginning July 1, 1990 ;nd ending June 30, 1991, in the sum of Six Hundred Forty-five Million, Nine Hundred Thirty-two Thousand, Six Hundred Twenty-four Dollars ($645,932,624) for operations.tand,-:Two Hundred Forty-seven Million, Two Hundred Eighty-three'-@-"Thou'sand, Flve Hundred Six Dollars ($247,283,506) in Interfund transfers and regulating the payment of money out of the City Treasury, as amended. ITEM A2 Ordinance, upon SECOND READING, establishing the tax levy z)n real estate for Tax Fiscal Year 1991. ITEM A3 Ordinance, upon SECOND READING, establishing the tax levy on personal property and machinery and' tools for the Calendar Year 1991. 2. FY 1990-1991 OPERATING BUDGET - BUDGET ITEMS B Moss) ITEM Bi Ordinance establishing the tax levy on real estate for Tax. Fiscal Year 1991, ($.987). iTEM B2 Ordinance establishing the tax levy on personal property and machinery and tools for the Calendar Year 1991, ($.987). 3. FY 1990-1991 OPERATING BUDGET - BUDGET ITEM C ITEM Cl Specific funding requests per Reconciliation Workshop ITEM C2 Debt Service Reserve retention and adjustment 1TEM C3 City Employee Health Insurance ITEM C4 Exemption for EMS and Fire Volunteers for recreation,, center card fee ITEM C5 Miscellaneous not-for-profit agency funding @equests 4. ordinance e5tablishing the tax levy on privately owned camping. trallers@,and motor-homes which are used for recreational purposes '@iendar year 1991. for the c 5. Ordinance to AMEND and REORDAIN Section 35-64 of the Code of the City of Virginia Beach, Virginia, re general prerequisites to exemption, deferrat or freeze of real estate taxes for elderly and. disabled persons: ITEM E... combined income not exceed $30,000, provided that first $5,000 of income of relative other than spouse or owner not be included; further, provided that $7,500 of income from a permanently or totally disabled owner not be ,ncluded; and, net combined financial worth, excluding value of dwelling and land, not to exceed one acre, does not exceed $70,000. (Sponsored by Council Lady Nancy K. Parker)' ITEM F... combined income not exceed $20,000 FY 1990-i991 $23,000 FY 1991-1992 - $26,000 FY 1992-1993 -$30,000 FY 199@-1994, provided that first $5,000 of Income of relative other than spouse or owner not be included in FY 1990-1991 and $6,500.00 thereafter; and, net combined f lnancial worth not exceed $70,000 FY 1990-1991 and $75,000 thereafter. (Sponsored by Vice Mayor Robert E. Fentress) 6. FY 1990-1991 OPERATING BUDGET - BUDGET ITEM G -4, ( y K. ParKer) Resolution requesting the General Assembly pass legislationi enabl lng local governments to establ ish a real property taxation cap for senior cltizens. J. 'PUBLIC HEARING: 1. PLANNING a. Applications of BOYS CLUB OF NORFOLK, INC. re the Northeast intersection of Rosemont Road and Buckner Boulevard, containing 12.6 acres (PRINCESS ANNE BOROUGH) Chanae of Zoning District Classif lcation from R-5D Residential '-'@r - ,E; ic@ t. 0Off',r. D,@t,@t. AND, Conditional Use Permit for aate club; Recommendation: APPROVAL b. Petition of CENTRAL FIDELITY BANK for the discontinuance, Cl sure and abandonment of a portlon of I veland Street be er.' boundary of lndepende d 0 innnt e e ru ,q E; y direction a distance of 225 feet, being g W t nI "g We te I f t containing 11,205 square feet 50e I dth d (BAYSIDE BOROUGH). DEFERRED February 26, 1990. Recommendation: APPROVAL c. Application of ROBERT M- STE I N, EDWARD S STEIN, ARTHUR H. STEIN and BARBARA S. FISCHER for a sification from 1-1 Light Industrial -2 Clas District t th. N-rth..E of o@mn acres (Parcel A f-ho( containing 26.63 ontaining 16 acres; Parcels B and C containinq 10.6 acres) (LYNNHAVEN BOROUGH). DEFERRED April 30, 1990. Recommendation: APPROVAL OF PARCELTAI., SUBJECT TO PROFFERS SubMITTED 5 uance. closure and abandonment 1. Petition for di contin (VIRGINIA BEACH BOROUGH): B & 0 DEVELOPMENT CORPORATION: e more or leSS A portion of 26th Street beginning 130 fe t a distance of West of Cypress Avenue an d rIInning WesterlY 300 feet more or less, being 60 feet in width and containing 12,753 square feet. 2. Applications for "!cations (VIRGINIA BEACH BOROUGH): B & 0 DEVELOPMENT CORPORATIOR'and@MAXWELL D. SANDERS: R 5D ReF, 'e-t @l Dist@'ct to A-12 Aprtment Dirtr'lct on the rth f N. @,de 26th Stre t, West of Cypress Avenue (705 26th Street and part of Lot 1), containing 33,541 square feet; AND, , SUNSHINE DEVELOPMENT ASSOCIATES: - .Iv District to A-12 Apartment District on TnO Wulit ..u. @. 26th Street, est -f CyPr-rr Wvenu-e (708 26th Street), containing 33,541 square feet. Recommendation: APPROVAL e. Application of AMERICAN EAGLE COMMUNICATION OF VIRGINIA, INC. for a Conditional Use Permit for a communication tower on the South side of Gum I 1000 eet more or less East of Princess Anne Road, containing 7.88 acres (PUNGO BOROUGH). @ecommendation: DENIAL f. Application of CONTEL CELLULAR, INC. for a Conditional ..Use Permit for a mmunication tower and equipment ui d'ing on the South side of West of Princess AnnE uare feet more or less (PUNGO BOROUGH). Recommendation: DENIAL g. Applications of INDIAN RIVER PLANTATION, INC. (PRINCESS ANNE BOROUGH): Change of Zoning District Classifications: AG-1 Agricultural District to R-20 Residential District, containing 101.9 acres; PARCEL 1: 700 feet more or less North of Indlan River Road beginning at a point 1140 feet more or less West of West Neck Road. PARCEL 2: 1200 feet more or less North of Indian River Road beginning at a point 900 feet more or less West of West Neck Road. PARCEL 3: 4000 feet more or less North of Indian River Road beginning at a point 700 feet more or less West of West Neck Road. PARCEL 4: 1900 feet more or less North of Indian River Road beginning at a point 4800 feet more or less West of West Neck Road. PARCEL 5: 2300 feet more or less North of Indian River Road beginning at a point 3650 feet more or less West of West Neck Road. PARCEL 6: 1400 feet more or less North of Indian River Road beginning at a point 3700 feet more or less West of West Neck Road. AG-2 Agricultural District to R-20 Residential District, containing 14.6 acres: PARCEL 1: 700 feet more or less North of Indian River Road beginning at a point 1140 feet more or less West of West Neck Road. PARCEL 2: 3340 feet more or less North of Indian River Road beginning at a point 1800 feet more or less West of West Neck Road. PARCEL 3: 3480 feet more or less North of Indian River Road beginning at a point 240 feet more or less West of West Neck Road. AG-1 Agricultural District to R-15 Residential District, containing 82.1 acres: PARCEL 1: 660 feet more or less North of Indian River Road beginning at a point 740 feet more or less West of West Neck Road. PARCEL 2: 1360 feet more or less North of Indian River Road beginning at a point 3850 feet more or less West of West Neck Road. PARCEL 3: 1920 feet more or less North of Indian Rlver Road beginning at a point 5540 feet more or less West of West Neck Road. AG-2 Agricultural District to R-15 Residential District, containing 22.8 acres: PARCEL 1: West side of West Neck Road beginning at a point 4440 feet more or less North of Indian River Road. PARCEL 2: 300 feet more or less North of Indian River Road beginning at a point 640 feet more or less West of West Neck Road. AG-1 Agricultural District to R- contaTnin-g 56.1 acres: PARCEL 1-. 720 feet more or less North of Indian River -Road beginning at a point 5600 f eet more or less West of West Neck Road. PARCEL 2: 700 f eet more or less North of Indian River Road beginning at a point 4200 feet more or less West of West Neck Road. PARCEL 3: 640 feet more or less North of Indian River Road beginning at a point 3040 feet more C)r less West of West Neck Road. 4: 840 feet more or less North of Indian River PARCEL Road beginning at a point 640 feet more or less West of West Neck Road. AG-2 Aqricultural District to 10 Rer,,detlel D,Ftrict, cont I ing 52.9 acres: PARCEL 1: North side of Indian River Road beginning at a point 5800 feet more or less West of West Neck Road. PARCEL 2: North side of Indian River Road beginning at a point 5200 feet more or less West of West Neck Road. PARCEL 3: Nortli side of Indian River Road beginning at a point 2920 feet more or iess @iest of West Neck Road. PARCEL 4: West side of West Neck Road beginning at a point 800 feet more or less North of Indian River Road. PARCEL 5-. 2940 feet Northwest of the Intersection of Indian River Road and West Neck Road. Cond,tional U@e Perm'ltsl. For a recreational facility of an outdoor nature (.aolf course) at the orthw-st Neck Road, containing 203.6 acres; AND, For a ret,rement @entleer on the North side of Indian River Road be Inn ,,g t . P.,nt @00 feet more or less West of West Neck 9 - Road, containing 40.3 acres; Recommendation: DENY ALL APPLICATIONS K. CONSENT AGENDA All matters listed under the Consent Aqenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. if an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinances granting'FRANCHISE @brmit@.@ al Sea Oaks Corporation open air/boardwalk cafe t/a Sea Gull Motel 2613 Atlantic Avenue ,b. Virglnla Beach Fishing fishing pier/restaurant/ pier, Inc. and Vlrginla Beach assorted retall businesses Amusement Company 15th Street/Oceanfront \2. Ordinances appointing viewers in the petitions of Columbus Cent r Associates (BAYSIDE BOROUGH): a. For the closure of a portion of Cle,,elnd Street at the intersection of Garrett Drive; b. For the closure of a Portion of Cleveland Street at the intersection of Independence Boulevard; of Potomac Street at the c. For the closure of a portion Intersection of Independence Boulevard; d. For the closure of a portion of Columbus Street at the Intersection of Constitution Drive. L. APPOINTMENTS ARTS AND HUMANITIES COMMISSION EROSION COMMISSION MEDICAL COLLEGE OF HAMPTON ROADS SOCIAL SERVICES BOARD SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION SPORTS AUTHORITY OF HAMPTON ROADS TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED MAY 29, i990 6:00 PM (Planning Items) RESCHEDULE OF MAY 28, 1990 "MEMORIAL DAY" HOLIDAY (All other Sessions will be in accordance with the City Code) 5/10/90 lbs m I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 14, 1990 The CITY MANAGER'S RECONCILIATION WORKSHOP relative the FY 1990-1991 OPERATING BUDGET was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, May 14, 1990, at 12:00 NOON. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: John L. Perry (ENTERED: 12:47 P.M.) - 2 - CITY MANAGER'S RECONCILIATION WORKSHOP FY 1990-1991 OPERATING BUDGET 12:00 NOON ITEM # 32780 Mayor Oberndorf referenced the recommendation to increasing the City Contribution for Employee Health Insurance to $1,400 per annum. Councilman Heischober advised at present each City and School employee receives $1,080 for their Health Insurance per annum. The City Staff recommended this be increased from $1,080 per annum to $1,200. It was then requested the City consider increasing their Health Care contribution to $1400 per annum, effective January 1, 1991. According to the staff analysis, the increase would require an additional appropriation for City and School needs of $1,050,000 for FY 1990-91. This could not be absorbed into either the School's or the City's budget, without requiring a tax increase. If, prior to January 1, 1991, revenues appear to be in a better situation, as well as the projected ending balance, this issue could again be considered. Councilman Moss believed the Budget revenue estimates being proposed are overly optimistic and there would be shortfalls. Councilman Moss cross referenced revenues in the Interim Financial Statement dated March 31, 1990. Councilman Moss did not believe real estate would be a growth item next year. Mayor Oberndorf referenced the City Staff's suggestion relative providing for the issuance of a free city vehicle license decal to all active EMS and Fire volunteers as same is provided in the City Code. The impact of Waiving Recreation Center Card Fees for active EMS and Fire volunteers would be approximatley $17,600, based on the estimated 880 volunteer fire fighters and rescue squad members currently active. Councilman Balko concurred with this suggestion. Councilwoman Henley referenced the Sugar Plum Bakery request. Councilwoman Henley hoped this group could be assisted in some manner, as they now have the capability of expanding. Through the Sugar Plum Bakery's training and employment, these developmentally handicapped young adults have become tax paying citizens. Mr. Block advised the Sugar Plum Bakery had not filed an application through the Commilnity Organization Incentive Grant Program, which is obtained from the Office of Budget and Evaluation, prior to consideration of their funding request. Mayor Oberndorf had indicated same in her response of January 31, 1990, to the Sugar Plum Bakery. Vice Mayor Fentress suggested giving the Sugar Plum Bakery $20,000 now and then let them follow through with the process. Vice Mayor Fentress believed the funds need to be somewhat justified. Councilman Sessoms had heard comments relative lack of organization and no business plan. He has been assured a business plan will be provided. If the City Council is going to fund the fully $40,000 request, Councilman Sessoms suggested the business plan should be provided before consideration. Councilman Sessoms advised Farm Fresh is assisting in the formulation of this business plan. Councilman Heischober advised there were three different proposals relative the Budget: Adoption of the FY 1990-1991 OPERATING BUDGET as presented which means utilizing $7.3-MTLLION of the unappropriated Balance; Lowering the tax levy on real estate and personal property as recommended by Councilman Moss; and, reducing the Bond Reserve from 87.5% to 77.42%. Assuming one of those proposals is viable and acceptable by the City Council, there are specific funding requests to authorize two law clerks for the Commonwealth Attorney's Office ($64,978); SEVAMP Nurse ($9,332), Life-Saving Museum ($7,500) and, WAIVED Recreation Center card fee for active EMS volunteers and volunteer fire fighters these amounts could be absorbed within the Budget, whichever of the aforementioned three options is chosen. Mr. Block advised the $7,500 for the Life Saving Museum will be derived from the Grant Contingencies and the other items will be derived from the General Fund Contingencies. These items will be transferred within the FY 1990-1991 OPERATING BUDGET and the appropriation ordinance will be adjusted. The total of Six Hundred Forty-five Million, Nine Hundred Thirty-two Thousand, Six Hundred Twenty-four Dollars ($645,932,624) for operations and Two Hundred Forty-seven Million, Two Hundred Eighty-three Thousand, Five Hundred Six Dollars ($247,283,506) in interfund transfers will remain the same. Mr. Block advised Councilman Heischober the active duty EMS and Fire Volunteers will receive the issuance of a free city vehicle license decal rather than Waiving Recreation Center Card Fees. - 3 - CITY MANAGER'S RECONCILIATION WORKSHOP FY 1990-1991 OPERATING BUDGET ITEM # 32780 (Continued) Councilwoman Henley referenced the rural roads' improvements. These have been funded for a long time. Specific road curves have been investigated. A teenager lost his life on a curve on Princess Anne Road at Gum Bridge and another friend lost an 18-year old son last August. Princess Anne Road is the worse road in the City. Rather than becoming involved with concerns relative removing the curves, if the City could just pave a shoulder, such as was done with Oceana Boulevard, this would provide considerable difference. Councilman Moss advised the SPCA did request $74,988 from the City through the Community Organization Incentive Grant Program. Mr. Balko advised this represented a 749.9% increase over FY 1989-1990 funding. This funding level was indicated as an ongoing need for at least the next five years. This amount exceeded the entire increase in COIC funding from FY 1989-1990 to FY 1990-1991. Councilman Sessoms suggested a net increase of $15,000 be provided to the SPCA. This amount would be derived from the General fund for Contingencies account. Vice Mayor Fentress advised the funding for the Life Saving Museum was justified as Atlantic Avenue was torn up all winter and this impaired the Museum's ability to operate. Councilwoman Henley suggested the Ordinance establishing the tax levy on privately owned camping trailers and motor homes which are used for recreational purposes for the calendar year 1991, should be effective July 1, 1991. Councilwoman Henley referenced the Ordinances to AMEND and REORDAIN Section 35-64 of the Code of the City of Virginia Beach, Virginia, re general prerequisites to exemption, deferral or freeze of real estate taxes for elderly and disabled persons: ITEM E ... combined income not exceed $30,000, provided that first $5,000 of income of relative other than spouse or owner not be included; further, provided that $7,500 of income from a permanently or totally disabled owner not be included; and, net combined financial worth, excluding value of dwelling and land, not to exceed one acre, does not exceed $70,000 (Sponsored by Council Lady Nancy K. Parker); AND, ITEM F ... combined income not exceed $20,000 FY 1990-1991 - $23,000 FY 1991-1992 - $26,000 FY 1992-1993 - $30,000 FY 1993-1994, provided that first $5,000 of income of relative other than spouse or owner not be included in FY 1990-1991 and $6,500.00 thereafter; and, net combined financial worth not exceed $70,000 FY 1990-1991 and $75,000 thereafter. (Sponsored by Vice Mayor Robert E. Fentress). Councilwoman Henley suggested a phasing-in approach for Senior citizens. Councilman Moss referenced the phasing-in of the real estate tax for the elderly. Inflation does erode their earning power. If the purpose of such an ordinance is to provide meaningful relief, the constant dollar value, based upon 1990 must be known. Councilman Moss requested the City Staff provide information relative the constant City dollar. With reference to Vice Mayor Fentress's proposal, the 1990 dollar value of that money ($30,000) in 1994 is only $24,435. If the incremental approach is decided upon, the meaningful abatement from the impact on their disposable income is not being provided. Councilwoman Parker advised her DRAFTED Resolution did not include the verbiage: "for fiscal year 1990 - 1991 and seventy-five thousand dollars ($75,000) for each fiscal year thereafter". This verbiage is to be inserted after the words "does not exceed $70,000". Councilwoman Parker distributed an AMENDED Resolution. Councilman Moss recommended the City Council, after July, seriously consider adoption of an obligation plan in the event revenues do not materialize as anticipated. Councilwoman Henley advised that during last year's Budget City Council indicated there were certain items desired if the next year's ending balance was sufficient; i.e, an additional helicopter for police. The air conditioning of the schools was also funded from ending balances. Councilman Heischober advised it is a healthier approach to the budget to stay within the parameters of 75% to 100% of the bond reserve and not utilize the ending balance, Councilman Moss believed in a time of increasing economic uncertainty, the City would not want to lower the bond reserve and would rather maintain the bond reserve at the higher level. Ma 14 1990 - 4 - C IT Y CO UN C I L CON C E R N S 1:25 P.M. ITEM # 32781 Mayor Oberndorf referenced the PRIVATE INDUSTRY COUNCIL and advised appointments will be made by the Mayor. Mayor Oberndorf will make them in accordance with the recommendations of the Tidewater Builders Association and the Chamber of Commerce. ITEM # 32782 Councilman Moss advised of an elderly and disabled gentleman who went to the Magistrate's Office to file the necessary papers. There were no public restrooms available. Councilman Moss requested the City Manager install public restrooms in this facility. ITEM # 32783 Vice Mayor Fentress referenced the addition of an item under NEW BUSINESS during the Formal Session. A SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL will be SCHEDNED on Wednesday, May 23, 1990, at 12:00 NOON for the purpose of AWARDING a Low Bid on $40,000,000 General Obligation Public Improvement Bonds, Series of 1990A. ITEM # 32784 Vice Mayor Fentress referenced the applications of INDIAN RIVER PLANTATION, INC. (PRINCESS ANNE BOROUGH); AND, Petition for discontinuance, closure and abandonment (VIRGINIA BEACH BOROUGH): B & 0 DEVEIDPMENT CORPORATION: A portion of 26th Street beginning 130 feet more or less West of Cypress Avenue and running Westerly a distance of 300 feet more or less, being 60 feet in width and containing 12,753 square feet. Applications for Conditional Zoning Classifications (VIRGINIA BEACH BOROUGH): B & 0 DEVELOPMENT CORPORATION and 14AXWELL D. SANDERS: R-5D Residential District to A-12 Apartment District on the North side of 26th Street, West of Cypress Avenue (705 26th Street and part of Lot I), containing 33,541 square feet; AND, SUNSHINE DEVELOPMENT ASSOCIATES: R-5S Residential Single Family District to A-12 Apartment District on the South side of 26th Street, West of Cypress Avenue (708 26th Street), containing 33,541 square feet. (See Ttem V-J.d.1/2 of the FORMAL AGENDA). Vice Mayor Fentress will bring these forward to the beginning of the Formal Agenda for DEFERRAL. ITEM # 32785 Councilman Moss requested all Planning Items and Zoning applications include recommendations and comments by the City staff as to the impact that application has in relation to the Economic Strategic Master Plan and the Capital Improvement Program. 5 ITEM # 32786 The I NFORMAL SESS I ON of the V I RG I N I A BEACH C I TY COUNC I L was ca I I ed to order by Mayor Meyera E. Oberndorf I n the Con f erence Room, C I ty Ha I I Bu i I d i ng, on Monday, May 14, 1990, at 1:35 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 6 - ITEM # 32787 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, consideration 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: Boards and Comissions as listed in the Formal Agenda. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use ot real property for public purpose, or of the disposition of publicly held property, or of the plans for the future of an Institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). (1) To Wit: Ferrell Parkway Site Acquisition. Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council voted to proceed Into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vlce Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 7 - VIRGINIA BEACH CITY COUNCIL May 14, 1990 2:00 P.M. Mayor Meyera E. Oberndorf ca I I ed to order the FORMAL SESS I ON of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, May 14, 1990, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: The Reverend Michael Hurt Virginia Beach Community Chapel PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 8 Item V-D. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 32788 Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City Council ADOPTED: CERTIFICATION OF EXECUTIVE SESSION Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motions convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded here 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. MOTION; Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council voted to proceed into EXECUTIVE SESSION to consider: 1. PERSONNEL MATTERS: Discussion, consideration 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 to Boards and Commissions. 2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of the plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3). (1) To Wit: Ferrell Parkway Site Acquisition. VOTE: 11-0 Council Members Voting AYE: Council Members Voting NAY: Albert W. Balko, John A. Baum, Vice Mayor Robert None E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry and William D. Sessoms, Jr. Council Members ABSTAINING: Council Members ABSENT for the Vote: None None Council Members ABSENT for the Meeting: None R@th Hodges-Smith, CMC/AAE City Clerk 9 Item V-E.l. MINUTES ITEM 32789 Upon motion by Vice Mayor Fentre5S, seconded by Councilman Baum, City Counci I APPROVED the Minutes ot INFORMAL AND FORMAL SESSIONS of May 7, 1990. Votlng: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 10 Item V-F. I PRESENTATION ITEM # 32790 LABOR DAY COMMUNITY COORDINATION COMI'ITEE Andrew S. Fine and Dr. Harrison B. Wilson, Co-Chairs of the LABOR DAY COMMUNITY COORDINATION COMMITTEE WAIVED their comments until the conclusion of the PUBLIC HEARING regarding LABORFEST 1990. Mayor Oberndorf extended an invitation for the four Councilmen-Elect to voice their opinions relative LABORFEST 1990. Councilman-Elect Robert W. Clyburn WAIVED his right to speak. Councilman-Elect Louis R. Jones complimented the LABOR DAY COMMUNITY COORDINATION COMMITTEE on their excellent performance. Councilman-Elect Jones did have one suggestion, a possible alternative site to Redwing Park for the activities recommended by the Labor Day Community Coordination Committee. Pungo Airfield has been utilized in the past for various activities. Councilman-Elect Jones distributed a map and photographs of Pungo Airfield. Public Works has estimated approximately $35,000 would be required for the preparation of this site for the activities. The site is fenced with an access off Princess Anne Road. An existing traffic pattern would allow the buses to enter and exit the site in a preferable fashion to Redwing. The City Manager will provide information to the Mayor relative the distance from the Ocean Front to Pungo Airfield. Item V-0. PUBLIC HEARING LABORFEST 1990 ITEM # 32791 Mayor Oberndorf DECLARED a PUBLIC HEARING: LABORFEST 1990 The following spoke in SUPPORT of the utilization of Redwing Park during Laborfest 1990 for activities reconunended by the Labor Day Commiinity Coordination Committee: Roger M. Pierce, Chairman of the Board - Hampton Roads Chamber of Commerce 4512 Virginia Beach Boulevard, Phone: 490-1221 Kenneth V. Geroe, Attorney, 780 Lynnhaven Parkway, Phone: 468-7700 Reverend John Jordan, Galilee Episcopal Church, 40th and Pacific, Phone: 428- 4865 Cecilia T. Tucker, 6321 Bucknell Circle, Phone; 424-1539 Mary Puryear Butler, 3300 Doncaster Road, Phone: 340-3300 Nancy Creech, 2700 East Kings Road Sue lioppel, 1125 Shenvalee Drive, Phone: 467-0207 March Cromuel, Jr., 4202 Wake Avenue, Chesapeake, Va., represented the Area II NAACP Father William J. Dale, 4853 Princess Anne Road, Phone: 495-1886 Colonel Howard M. Williams, USA (Ret.), 1113 Five Point Road, Phone: 481-3476 Frank Palmieri, 500 Norman Lane, Phone: 341-6093 Kal Kassir, 2009 Alphine Road, represented the Resort Leadership Council Joseph Hawa, Resort Retailers Association, 1616 Duke of Windsor Road, Phone: 428-1144 Joseph E. Guion, 949 W. Ferry Plantation Road, Phone: 499-0290 Reverend Jerry B. Spence, 13112 Winamack Road, Midlothian, Virginia Phone: (804) 359- 2137), Executive Director - National Conference of Christian and Jews William Spriggs, 635 Oleander Circle, Phone: 474-0963 Tim Morton, 444 Pennsylvania Avenue, Norfolk, Va., Phone: 622-2748, Program Coordinator - National Conference of Christian and Jews Maurice B. Jackson, 1125 Ditchley Road, Phone: 428-1470 Arthur Jarrett, Jr., 1016 Anderson Way, Phone: 420-1825 Flo McDaniel, Executive Director - Virginia Beach Hotel and Motel Association, 968 South Oriole Drive, Phone: 428-8015. Mrs. McDaniel is Co-Chair of the PUBLIC INF'ORMATION SUBCOMMITTEE of the LDCCC. Samuel W. Jones, 1057 Downshire Chase, Phone: 463-5199 Michael J. Barrett, 1829 Eden Way, Phone: 481-6388. Mr. Barrett is Co-Chair of the PROGRAM SUBCOMMITTEE of the LDCCC. Sheldon L. Corner, 325 Susan Constant Drive, Phone: 428-1731 Captain Jim Mulligan, U.S. Navy Retired, 912 Five Point Road, Phone: 481-0776 James L. Kaiser, 7400 Ocean Front, Phone: 425-1981, represented the North End Civic League The following spoke in OPPOSITION of the utilization of Redwing Park during Laborfest 1990 for activities recommended by the Labor Day Community Coordination Committee: Chuck Tracy, 1116 Eaglewood Drive, Phone: 422-9588, President of the Redwing Civic League Helen E. McDonald, 2360 Sandfiddler Road, Phone: 426-6653 Maria Peters, 1236 Beacons Reach Court, Phone: 428-0529 Ronna L. Tracy, 1116 Eaglewood Drive, Phone: 422-9858 John Grandfield, 2209 Pine View Court, Phone: 427-0174 William Genz, 5302 Lakeside Avenue, Phone: 425-5344 Dale Wilkerson, 1070 Old Dam Neck Road, Phone: 426-6761 E. George Minns, 4936 Cleveland Street, President - NAACP Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 - 12 - I tem V-G. PUBLIC HEARING LABORFEST 1990 ITEM # 32791 (Continued) The tollowing speaker registered as Neutral: Jacob Thompson, 620 Shoreham Ct. #102, Phone: 425-8275. Mr. Thompson raised two questions relative revenues and expenses for 1989 and projections for 1990. The following spoke In OPPOSITION to the Closure of Norfolk Avenue: Mike Basto, 600 Terrace Avenue, Phone: 422-3308 There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. - 13 - Item V-H. I RESOLUTIONS ITEM # 32792 A motion was made by Councilman Balko, seconded by Vice Mayor Fentress to ADOPT a Resolution approving the use of Red Wing Park during Laborfest 1990 for activities recommended by the Labor Day Community Coordination Committee; and, authorizing and directing the City Manager to issue a permit. A SUBSTITUTE MOTION was made by Councilwoman McClanan, seconded by Councilman Moss to eliminate City Parks as a consideration for major activities as set forth in the City's present Ordinances; and, the alternatives of private areas be considered, i.e, Holiday Inn Campground, Twenty-fourth Street park area and Pungo Airfield. Voting: 2-9 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Reba S. McClanan and John D. Moss Council Members Voting Nay: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 14 - Item V-H. 1 RESOLUTIONS ITEM # 32792 (Continued) Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution approving the use of Red Wing Park during Laborfest 1990 for activities recommended by the Labor Day Community Coordination Committee; and, authorizing and directing the City Manager to issue a permit. Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan and John D. Moss Council Members Absent: None I A RESOLUTION AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO ISSUE A PERMIT 3 FOR THE USE OF RED WING PARK 4 DURING LABORFEST 1990 5 WHEREAS, the Labor Day Community Coordination Committee 6 has recommended that Red Wing Park be the site of certain 7 activities during the 1990 Labor Day weekend, known as Laborfest 8 1990; and 9 WHEREAS, the issuance of a permit authorizing the use of 10 Red Wing Park for such activities is required; and 11 WHEREAS, the activities planned in Red Wing Park during 12 Laborfest 1990 will be open to all members of the general public 13 upon purchase of a ticket; and 14 WHEREAS, the authorization of such events by permit would 15 be subject to all necessary or advisable restrictions and 16 conditions protecting the public health, safety and welfare; 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That the City Council hereby approves the use of Red Wing 20 Park for those activities recommended by the Labor Day Community 21 Coordination Committee to take piace in Red Wing Park on September 22 1st and 2nd, 1990, subject to all pertinent requirements of law. 23 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That the City Manager is hereby authorized and directed 26 to issue a permit authorizing the use of Red Wing Park in 27 accordance with this Resolution upon proper application by the 28 sponsor of the aforesaid activities. 29 Adopted by the City Council of the City of Virginia 30 Beach, Virginia, on the 14th day of Mati 1990. 31 WMM/dhh 32 CA-90-3745 33 redwingl.res 34 05/08/90 - 15 - Item V-H.2 RESOLUTIONS ITEM # 32793 Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution authorizing and directing the City Manager to close certain streets during Laborfest 1990. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, John D. Moss,* Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None *Verbal Aye 1 2 A RESOLUTION AUTHORIZING AND DIRECTING 3 THE CITY MANAGER TO CLOSE CERTAIN STREETS 4 DURING LABORFEST 1990 5 WHEREAS, the Labor Day Community Coordination 6 Committee has recommended that certain portions of Atlantic Avenue 7 and Pacific Avenue and certain adjacent streets be closed to 8 vehicular traffic during the 1990 Labor Day weekend; and 9 WHEREAS, Section 21-12 of the Code of the City of 10 Virginia Beach confers upon the City Manager final authority over 11 the management and direction of all vehicular traffic within the 12 City and of the parking and routing of vehicles in the interest of 13 the public safety, comfort and convenience; and 14 WHEREAS, the adoption and implementation of the aforesaid 15 recommendation would be in the interest of the public safety, 16 comfort and convenience; 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 That the City Manager is hereby authorized and directed 20 to close Atlantic Avenue from Rudee Loop to 42nd Street, Pacific 21 Avenue from Norfolk Avenue to Laskin Road, and certain adjacent 22 cross streets as may be necessary, to vehicular traffic, including 23 parking, between the hours of 7:00 p.m. on August 31, 1990 and 6:00 24 a.m. on September 4, 1990, and to undertake all measures necessary 25 or advisable in connection with the closing of such streets. 26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That the City Manager is also hereby authorized and 29 directed to make such provision for exceptions to the closing of 30 the aforesaid streets as may be required in the interest of the 31 public health, safety, welfare, comfort and convenience. 3 2 Adopted by the City Council of the City of Virginia 33 Beach, Virginia, on the 14th day of May , 1990. 34 WMM/dhh 35 CA-90-3746 36 \ordin\noncode\close.res 37 05/08/90 2 - 16 - Item V-I.I. ORDINANCES/RESOLUTION ITEM # 32794 FY 1990-1991 OPERATING BUDGET Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council ADOPTED upon SECOND READING, AS AMENDED: Ordinance making APPROPRIATIONS for the Fiscal Year beginning July 1, 1990 and ending June 30, 1991, in the sum of Six Hundred Forty-five Million, Nine Hundred Thirty-two Thousand, Six Hundred Twenty- four Dollars ($645,932,624) for operations and Two Hundred Forty-seven Million, Two Hundred Eighty- three Thousand, Five Hundred Six Dollars ($247,283,506) in interfund transfers and regulating the payment of money out of the City Treasury, as amended. Mayor Oberndorf suggested a Joint Meeting between the SCHOOL BOARD and the CITY COUNCIL be SCHEDULED, in order for the concerns relative the curriculum revisions and employee health insurance to be addressed. Mayor Oberndorf will arrange same. Councilman Heischober advised at present each City and School employee receives $1,080 for their Health Insurance per annum. The City Staff recommended this be increased from $1,080 per annum to $1,200. It was then requested the City consider increasing their Health Care contribution to $1400 per annum, effective January 1, 1991. The increase would require an additional appropriation for City and School's needs of $1,050,000 for FY 1990-91. This could not be absorbed into either the School's or the City's budget, without requiring a tax increase. If, prior to January 1, 1991, revenues appear to be in a better situation, as well as the projecting ending balance, this issue could again be considered. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan", John D. Moss'@*, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Norie - 17 - Item V-I. 1. ORDINANCES/RESOLUTION ITEM # 32794 (Continued) FY 1990-1991 OPERATING BUDGET *Councilwoman McClanan VERBALLY ABSTAINED on the Education portion of the Budget until sufficient responses are received relative the curriculum changes. Councilwoman McClanan referenced letter of May 7,1990, from George E. McGovern, Assistant Superintendent Instructional Services - Virginia Beach City Public Schools, and enclosing Dr. J. Robert Hanson's resume, a noted authority in an instructional delivery system that identifies students' assets and liabilities and presents instructional materials in a strategic manner. Councilwoman McClanan requested these items be made a part of the record. i@*Councilman Moss DECLARED pursuant to Section 2.1-639.14G of the Code of Virginia, although his wife is a teacher with the Virginia Beach School System, he is able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the best public interest. Councilman Moss's letter of March 30, 1990, is hereby made a part of the proceedings. 4021 GLEN ROAD JOHN 0. MOSS 'ARGINLA BEACH, VIRGINIA 23462 (804) 49MIS KEMPSVILLE BOPIOUGH March 30, 1990 14rs. Ruth Hodges Smith, CMC/AAE city Clerk's office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: 1. The transaction for which I am executing this written disclosure is any ordinance or resolution concerning the Virginia Beach Public School Board budget f or f iscal year 1990-91 and/or any other ordinances or resolutions which pertain to the Virginia Beach Public School Board budget. 2. The nature of my personal interest is that my wife receives a salary iii excess of $10,000 from the Virginia Beach Public Schools. 3. My wife and I are m@ers of a group, as defined in 52.1- 63 9. 11 (A) (2), which may be af f ected by the ordinances or resolutions relating to the Virginia Beach Public School Board liudget for.fiscal year 1990-91. 4. I am able to participate in the above-referenced transactions fairly, objectively, and in the public interest. Accordingly, I respectfully request that ygu record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, CityAttorney, which addresses.this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, JDM/awi Enclosure 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL 2 YEAR BEGINNING JULY 1, 1990 AND ENDING JUNE 30,1991, 3 IN THE SUM OF SIX HUNDRED FORTY-FIVE MILLION, NINE 4 HUNDRED THIRTY-TWO THOUSAND, SIX HUNDRED TWENTY-FOUR 5 DOLLARS ($645,932,624) FOR OPERATIONS AND TWO HUNDRED 6 FORTY-SEVEN MILLION, TWO HUNDRED EIGHTY-THREE THOUSAND, 7 FIVE HUNDRED SIX DOLLARS ($247,283,506) IN INTERFUND 8 TRANSFERS AND REGULATING THE PAYMENT OF MONEY OUT OF 9 THE CITY TREASURY, AS AMENDED. 10 WHEREAS, the City Manager has heretofore submitted to the Council an Annual Budget for the 1 1 city for the fisgal year beginning July 1, 1990, and ending June 30, 1991, and ft is necessary to 12 appropriate sufficient funds to cover said budget. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 14 VIRGINIA: 15 Section 1. That the amounts named aggregating EIGHT HUNDRED NINETY-THREE MILLION, 16 TWO HUNDRED SIXTEEN THOUSAND, ONE HUNDRED THIRTY DOLLARS ($893,216,130) consisting of 17 TWO HUNDRED FORTY-SEVEN MILLION, TWO HUNDRED EIGHTY-THREE THOUSAND, FIVE 18 HUNDRED SIX DOLLARS ($247,283,506) in interfund transfers and SIX HUNDRED FORTY-FIVE 19 MILLION, NINE HUNDRED THIRTY-TWO THOUSAND, SIX HUNDRED TWENTY-FOUR DOLLARS 20 ($645,932,624) for operations or so much thereof as may be necessary as set fonh in the Annual Budget 21 for the fiscal year 1990-1991, are hereby appropriated subject to the conditions hereafter set forth, for the 22 year 1990-1991, for the use of the several departments and specially designated funds of the cfty 23 government, and for the purpose hereafter mentioned, as set fonh in said Annual Budget, which Is 24 hereby incorporated by reference, for the fiscal year beginning July 1, 1990 and ending June 30, 1991 as 25 follows: GENERAL FUND LEGISLATIVE DEPARTMENT: 01010 Muni.ipal Coun@il 338,981 01011 City Clerk 326,203 T.t.1 665,184 EXECUTIVE DEPARTMENT: 02010 City M..ag-@ 761,844 02011 Pblic Inf.r.ati.. offic. - Admini.trati.. 412,631 02015 Public i.f.r.@ti.. office - Mu.icipal Video P@od-ction 207,446 02016 Public Info@mati-- office - M.di. S.rvic.. 202,494 Tot.1 T 1,604,415 LAW DEPARTMENT: 03010 City Attor.ey $ 1,638,709 FINANCE DEPARTMENT: 04001 Comis.ioner Of the Re ... ue $ 2,399,701 04011 B..rd of EqUalizati.n 15,143 04012 City Real EStat. ASs ... or 1,387,604 04020 Tre..urer 2,690,115 Director of Fin..c.: 04030 AdMini.trati.n 496,314 04033 C..ptroll.r's OffiCe 1,322,338 04034 Payroll 346,398 04035 BUSin..a Lic.nee Audit 412,376 04037 I.ternal Audit 212,118 04051 Indep.ndent Financi.1 Ser,ices 80,000 04040 Purchasing 575,809 Tot.1 $ 9,937,916 PERSONNEL DEPARTMENT: 05001 Admini.trati.. $ 305,739 05002 E.Ployee Relations 278,878 05003 T..ting and Selection 369,590 05004 Comp..sation Administ@.tion 373,320 05005 Tr.ining and Del.l.Pment 274,101 05006 Ben.fits Adinistration 107,132 05007 EEO/AA coordinatio. 65,983 T.tal $ 1,774,743 JUDICIAL DEPARTMENT: Court. ..d Publi@ Defend.@: 06011 Circuit Court $ 386,919 06016 General District Court 42,634 06017 Juvenile and Dome5tiC RelationS District Court 32,790 06018 Public D.fender 40,000 06019 Medical Examiner 9,122 06041 Clerk f the Circ@it Court 426,736 06134 Magi.trates 17,968 Comonwealth'S Attorn.y: 06020 Commonwealth's Attorney 1,648,512 06021 Comonwealth's Att.r.ey Welf.r. Fraud 76,846 06022 Consu..r Pr.tecti.n 224,378 Sheriff and correcti...: 06032 Sheriff'. Office 946,870 06033 Court support S.rvices 470,137 06034 correctional Op.ration. 5,616,890 06035 Work Release Facility 687,159 06210 Ju@..ile Probatio. 779,109 Total 11,406,070 HEALTH DEPARTMENT: 07011 Preventive medicine 1,738,141 07013 Occupatio..l Health 336,782 07014 C..tractual Health S.rvices 431,775 Total $ 2,506,698 SOCIAL SERVICES DEPARTMENT: 08010 Director of Soci.1 s.rvices $ 9,385,767 08020 Public Assistance 5,444,550 08030 Hospitalization 168,750 Total $ 14,999,067 POLICE DEPARTMENT: Administration: 09010 Police Chief's St.ff $ 2,550,457 09014 Planning a.d Analysis 417,483 09015 Personnel nd Tr.ining 1,705,578 09017 Servic.. 2,367,993 U.if.rm Division: 09011 Auxiliary Polic. 97,843 09020 Unifor. P.trol 24,203,025 09027 Comunications Divi.io. 3,277,224 di 0 GENERAL FUND POLICE DEPARTMENT: (cocluded) 09028 Investigative Division 3,293,624 09112 Anim.1 Control 1,055,839 T.t.1 38,969,066 PUBLIC WORXS DEPARTMENT: AdMini.tration; 10010 Director's Offi.. 263,579 10011 Real E.tate offic. 446,650 10012 Business Offic. 140,954 Highway DiviSion: 10110 Administration 1,203,361 10111 Inspecti... 1,029,883 10112 Dredg. Operatio-B 1,354,987 10113 Street Maint..ance 6,815,118 10114 Drainag. Maintenanc. 2,523,377 10115 Bridge Maintenance 721,590 10116 Mosquito c.ntrol 1,551,424 Engineering Division: 10210 Administration 429,068 10211 Plan Review 343,164 10212 Surv.ys 862,486 10213 Mapping 893,808 10214 Drafting 372,069 10215 Waterfront operations/I..pections 247,497 Traffic Engineering Division: 10250 Ad.inistration 470,403 10251 sign.1 op.rations 881,858 10252 Signs and M.rkings 1,253,090 10253 D.sign and Pl.n Review 4,692,447 Waste Management Division: 10310 Waste Manage..nt Ad.inistration 359,348 10311 Bureau of W..te Disposal 6,579,141 10312 Bure.u of Waste Coll.ctio. 10,044,040 10313 Wa.te Management I..p.ctions 322,393 Tot.1 43,861,755 PARKS AND RECREATION DEPARTMENT: 11010 Director of Parks and Recreation $ 559,658 P.rk. and Maintenance: 11011 Admi.i.tr.tion 242,917 11012 Construction nd Maintenance 2,846,079 11022 Parks and B.ach.0 1,693,726 Recreation: 11035 Owl Creek Municipal T.nnis Center 25,540 11070 Virgini. Be.ch Community Center -K..p.vill. 1,224,830 11071 Bow Creek Community Cent.r 825,083 11072 Seatack Community C.nt.r 79,124 11073 Great Neck Community C.nt.@ 1,251,772 11074 Bayside Community Center 79,986 11080 Administration 518,751 11081 Adult Activities 435,312 11082 Youth Activities 351,360 11083 Athl.tics 554,935 11085 Therapeutic Progr.. 484,053 11086 Parks and Recreation Progra.. - S.lf-S.pp.rti.g 41,763 11087 Day Care Program - S.If-S.pp.rting 11,142 11088 Performing Arts Unit 301,171 11089 School Board Activity C..t.@ 891,077 T.t.1 $ 12,418,299 LIBRARY DEPARTMENT: Administration: 12010 Administration 479,366 Public Services: 12012 Great Neck Area Library 337,298 12013 Bayside Area Library 343,900 12014 Oceanfront Area Library 340,735 12015 Kempoville Area Library 643,936 12016 Windsor Woods Area Library 334,913 12017 P..g. Ar.. Libr.ry 83,519 12018 Extension Services 246,292 12019 special servic.s 203,255 12023 Central Libr.ry 1,668,220 12026 MUiCipal R.fer..ce 138,384 Support Ser@icee: 12020 Cataloging and Processing 629,628 12024 A.t.m.t.d Ser,ice. 360,370 12025 Collection Management 1,991,978 Total 7,801,794 lau 8 t f s ture GENERAL FUND PLANNING DEPARTMENT: 13010 Managem.nt ..d Support $ 678,622 13011 Comprehensive Planning 356,892 13012 Operations 603,617 Total 1,639,131 AGRICULTURE DEPARTMENT: 14001 Administration 184,750 14010 VPI Extension services 223,043 14110 Farm.@s' Market 232,542 14120 Envi@.n..nt.1 S.@,ic.. 89,073 Total 729,408 DEPARTMENT OF ECONOMIC DEVELOPMENT: 15010 Director of Economic Development 1,053,920 DEPARTMENT OF GENERAL SERVICES: Administration: 16010 Director of General Servic.. 206,769 16011 Employee Safety 218,958 16012 Francis Land House 94,744 16014 Records ..d Micr.gr.phic. 389,812 Building maintenance: 16020 Management &.d Supp.rt 5,100,156 16021 Electrical 542,489 16022 Heat and Air Conditioning 926,754 16023 General maintenance 2,256,691 16024 custodial 2,578,774 Landscape Division; 16031 Administration 580,810 16032 Ground. maint..anc. 2,742,898 16033 B..utificati.. 1,654,509 16034 Clean Community 55,298 16035 Beach Mainte.anc. 468,241 16036 Street Cleaning 220,111 16040 Mail Distribution 230,928 Total 18,267,942 BOARDS AND COMMISSIONS: 17010 General R.gi5trar 491,124 17110 Zoning Board of Appeals 25,277 17120 Arts and Humanities C.-i..ion 3 9 8 , 51 8 17130 Mass Transit Op.rations 907,000 17140 W.tlands Board of Virginia B..ch 14,604 17150 Department Volunt..r Co..cil 32,549 17170 Joint Cabl. C.nter 226,850 Tot.1 $ 2,095,922 NON-DEPARTMENTAL: 18010 Community Organization Incentive Grant. $ 393,592 18020 E.ployee Special B ... fits 394,190 18030 Reven.. Reimbursements 605,475 18040 Regional Particip.tion 611,431 Total $ 2,004,688 FIRE DEPARTMENT: 19001 Admiistration 643,522 19010 Fire Preventi.. 1,388,103 19020 Fire Suppr..Sion 16,809,599 19021 Fir. Training 512,591 19024 Forestry 14,373 19030 Emergency Management 129,860 Total $ 19,498,048 DEPARTMENT OF DATA PROCESSING: 21001 Administration $ 623,341 21004 System. and Programing 1,413,974 21007 Computer operation. 1,479,137 21008 Technical Service. and Distrib@tion 168,053 21009 Sy.teme Engi ... ring supp.rt 687,977 Total $ 4,372,482 DEPARTMENT OF PERMITS AND INSPECTIONS: 22010 Administration 609,736 22013 Building Inspectio.. 1,098,794 22014 Z.ning Code Enforceme.t 429,672 22015 Weight. and Mea..r.s 132,771 Total 2,270,973 I 0 ofi9xpen itu e GENERAL FUND OFFICES: 26010 EMS/Administr.ti.n 335,453 26020 EMS/operations 476,418 26030 EMS/Tr.ining 359,406 28010 Office of Re5earch nd St@.t.gic Aalysis 518,848 29010 Office of Budget and Evaluation 776,775 30010 Resort Programs Office 585,710 31010 Office of Environmental Management 170,456 32010 Development Services Cent.r 506,505 33010 Offic. f Int.rgov.rnmental Relations 118,278 Total 3,847,849 DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT: 39010 Administr.ti.n 220,073 39020 Tourist Development 3,351,696 39030 Convention Promotion 578,728 39040 P.vili.n 1,369,850 39050 civic center 35,777 Total $ 5,556,124 HOUSING AND NEIGHBORHOOD PRESERVATION: 40111 Pr.p.@ty Mainte.ance $ 471,599 90000 TRANSFERS TO OTHER FUNDS: $ 238,539,543 80000 RESERVE FOR CONTINGENCIES: Regular $ 955,320 salary 3,600,000 Service Aw.rds 286,340 Health I.sur.nc. 100,000 Recycling 200,000 Total $ 5,141,660 TOTAL GENERAL FUND $ 453,093,005 SCHOOL OPERATING FUND DEPARTMENT OF EDUCATION: 50010 Instructi.n $ 230,629,989 50020 Administration, Attendance a.d H..lth 11,573,008 50023 Pupil Tr ... portation 11,151,224 50024 Operations and M.int.n.nc. 30,968,080 TOTAL EDUCATION $ 284,323,101 GRANTS CONSOLIDATED FUND HOUSING AND NEIGHBORHOOD PRESERVATION: 40041 Section 8 Housing $ 125,155 80000 RESERVE FOR CONTINGENCIES: Salary t 5,451 TOTAL GRANTS CONSOLIDATED FUND $ 130,606 LAW LIBRARY FUND LIBRARY DEPARTMENT: 12011 La. Library $ 167,833 80000 RESERVE FOR CONTINGENCIES: Salary $ 6,000 TOTAL LAW LIBRARY FUND $ 173,833 PENDLETON CHILD SERVICE CENTER FUND JUDICIAL DEPARTMENT: 06702 Pendl.ton Child S.@vice Center $ 949,304 80000 RESERVE FOR CONTINGENCIES sal.@y $ 21,198 TOTAL PENDLETON CHILD SERVICE CENTER FUND $ 970,502 COMMUNITY DEVELOPMENT FUND HOUSING AND NEIGHBORHOOD PRESERVATION: 40011 Administration $ 765,512 40021 HOU.i.9 P@.g@... 275,561 40031 H.u.i.g C..n..ling 155,772 Total $ 1,196,045 80000 RESERVE FOR CONTINGENCIES Salary s 25,858 90000 TRANSFER TO OTHER FUNDS $ 40,894 TOTAL COMMUNITY DEVELOPMENT FUND $ 1,263,597 COMKUNITY CORRECTIONS SPECIAL REVENUE FUND JUDICIAL DEPARTMENT: 06826 CDI91 Core Servic. $ 50,000 06827 CDI91 Case Management 305,017 Total $ 355,017 80000 RESERVE FOR CONTINGENCIES S.l.ry $ 40,000 TOTAL COMMUNITY CORRECTIONS SPECIAL REVENUE FUND $ 395,017 MH/MR/SA FUND DEPARTMENT OF MENTAL HEALTH: 23001 Board Office $ 460,165 Comprehensive Mental H..lth: 23101 Progr.. Cli.ic.1 Support 324,625 23102 Old.@ Adult S.r,ices 385,011 23103 Outpatient S.r@ic.. 696,908 23104 Comunity Reh.bilit.tion 777,742 23105 E.e@gency Services 638,973 23106 Child and Youth S.-ices 807,360 23107 Wildwood Clinic 567,511 23108 Entry and Referral 194,772 Mental Retardation/Developmental Disabilities: 23201 Program Support 499,268 23202 Residential service5 197,621 23203 Adult services 444,445 23204 Alternate Day Support 273,618 23205 Respite care Program 132,832 23206 Infant Stimulati.n Program 186,921 23206 Supp.rted Living Progr.. 299,296 Compr.hensive substanc. Abuse: 23301 Substance Abuse Services 383,263 23302 Subst..ce Abuse Outpatie.t Service. 625,536 23303 Alcohol Detoxification 427,481 23304 Intensive S.rvi@.. 439,992 23305 Youth ..d Family S.rvic.. 662,240 23500 Contractual Services 1,851,919 Total $ 11,277,499 80000 RESERVE FOR CONTINGENCIES Salary $ 204,734 TOTAL MH/MR/SA FUND $ 11,482,233 CD RENTAL REHABILITATION GRANT FUND COMMUNITY DEVELOPMENT: 40311 Rental Reh.bilitation $ 108,000 CD LOAN AND GRANT FUND COMMUNITY DEVELOPMENT: 40211 L.ans and G@a.to $ 736,327 WATER AND SEWER FUND DEPARTMENT OF PUBLIC UTILITIES: 20010 Director's office $ 394,344 20011 Engie.ring 3,287,256 20012 Administ@ation and Finance 384,304 20016 Water Resources 399,543 20017 Water Purchas. 13,022,000 20030 Operatio.. Admini.t@.tion 997,102 20031 Water Di.tributi.n 2,509,794 20032 Wat.r Pump Stations 1,579,819 20041 Sewer collection 2,340,871 @EU e 1990-1991@ WATER AND SEWER FUND DEPARTMENT OF PUBLIC UTILITIES: (concluded) 20042 Sewer P..p Stati... $ 3,321,781 20050 Customer Services 4,490,550 T.tal $ 32,727,364 70010 REVENUE BOND DEBT SERVICE $ 11,476,024 80000 RESERVE FOR CONTINGENCIES R.gul.r $ 8 57 , 8 09 S.l.ry 624,947 Total $ 1,482,756 90000 TRANSFER TO OTHER FUNDS $ 6,960,774 TOTAL WATER AND SEWER FUND $ 52,666,918 GOLF COURSE ENTERPRISE FUND PARKS AND RECREATION DEPARTMENT: 11030 Red Wing G.lf CO-r-- $ 617,226 11031 BOW cr.ek G.If Co@r.. 463,483 11032 Kempo@ill. Green. G.lf Co.@.. 461,194 Total $ 1,541,903 80000 RESERVE FOR CONTINGENCIES: salary s 38,865 90000 TRANSFERS TO OTHER FUNDS $ 510,000 TOTAL GOLF COURSE ENTERPRISE FUND $ 2,090,768 MARINE SCIENCE MUSEUM ENTERPRISE FUND OFFICES: 27010 Virgi.ia Museum of M.@ine Scienc. $ 1,206,600 27011 Marine Sci..c. Museum Gift Sh.p 179,655 Total $ 1,386,255 80000 RESERVE FOR CONTINGENCIES $ 18,930 90000 TRANSFERS TO OTHER FUNDS $ 6 8 I , 9 16 TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND $ 2,087,101 RESORT PARKING ENTERPRISE FUND PUBLIC WORKS DEPARTMENT: 10254 Oceanfront Parking $ 81,196 DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT: 39060 Parking L.t. $ 41,182 90000 TRANSFERS TO OTHER FUNDS $ 530,379 TOTAL RESORT PARKING ENTERPRISE FUND $ 652,757 GENERAL DEBT FUND 70010 Debt Service $ 56,360,339 COMMUNITY DEVELOPMENT CAPITAL PROJECTS FUND COMMUNITY DEVELOPMENT: Co=unity De,.l.pm..t $ 337,000 FIRE PROGRAMS CAPITAL PROJECTS FUND FIRE DEPARTMENT: Fire Programs $ 328,812 WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND DEPARTMENT OF PUBLIC UTILITIES: 20060 Water Construction $ 315,000 20060 S.w.r C ... tr.ction 1,685,000 TOTAL WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND 2,000,000 di re ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND PUBLIC WORKS DEPARTMENT: 10110 Highway Con5truction $ 6,415,633 COMMUNITY DEVELOPMENT: Community Development $ 161,295 TOTAL ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND $ 6,576,928 RESORT PROGRAM CAPITAL PROJECTS FUND OFFICES: 30010 Resort Programs Office $ 4,244,989 SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND DEPARTMENT OF EDUCATION: 50090 School Construction $ 7,690,827 PARKS AND RECREATION GENERAL REVENUE CAPTIAL PROJECTS FUND 11020 Parks and Recreatio. C...tructio. $ 3,490,232 BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND DEPARTMENT OF GENERAL SERVICES: 16010 Building C..struction $ 2,013,238 TOTAL BUDGET $ 893,216,130 Less: Int.rfu.d Tran.fers 247,283,506 NET BUDGET $ 645,932,624 26 Section 2. Subject to the provisions of Chapter 2, Article 111, of the Virginia Bpach Cfty Code, the 27 salaries and wages set forth in detail in said Annual Budget, are hereby authorized and fixed as the 28 maximum compensation to be paid for services rendered. 29 The total of permanent positions, shall be the maximum number of posftions authorized for the 30 various departments of the city during said fiscal year except changes or addftions authorized by the 31 Council and as hereinafter provided. The Cfty Manager may from time to time increase or decrease the 32 number of temporary posftions provided the aggregate amount expended for such services shall not 33 exceed the respective appropriations made therefor. With the exception of the education department, 34 the City Manager is authorized to make such rearrangements of posftions within and between bureaus, 35 divisions, and depadments named herein, as may best meet the uses and interests of the cfty. 36 Section 3. All collection of delinquent city taxes shall be credited to the General Fund of the city 37 by the Treasurer. 38 Section 4. All collections of local taxes levied shall be credfted to the General Fund of the cfty. 39 Transfers shall be made from the General Fund to the respective specially designated funds for which a 40 levy is made in the respective amounts levied for each such speculy designated fund. 41 Section 5. All balances of the appropriations payable out of each fund of the Cfty Treasury 42 unencumbered at the close of business for the fiscal year ending on the thirtieth (30th) day of June, 43 1991, except, as otherwise provided for, are hereby declared to be lapsed Into the surplus of the 44 respective funds, except School Operating Fund which shall lapse into the General Fund Surplus, and 45 may be used for the payment of the appropriations which may be made In the appropriation ordinance 46 for the fiscal year beginning July 1, 1991. However, there shall be retained In the General Fund Balance, 47 an undesignated amount not less than the range of seventy-five (75) to one hundred (100) percent of the 48 budget for city and school debt service payments for that fiscal year for contingencies and emergency 49 situations and not to be used to support appropriations approved in the ordinance for the fiscal year 50 beginning July 1, 1990, except upon subsequent authorization by Cfty Council. 51 Section 6. No department or agency for which appropriations are made under the provisions of 52 this Ordinance shall exceed the amount of the appropriations except wfth consent and approval of the 53 Cfty Council first being obtained, blit it Is expressly provided that the restrictions with respect to the 54 expenditure of the funds appropriated shall apply only to the totals for each operating appropriation unit 55 included in this Ordinance and does not apply to Interfund Transfers. 56 The City Manager or the Assistant City Manager for Analysis and Evaluation is hereby authorized 57 to approve transfers for appropriations wfthin any department or between departments in an amount not 58 to exceed $10,000 in any single transaction, and is further authorized to approve transfers and 59 expendftures from the Reserve for Contingencies in an amount not to exceed $10,000 In any single 60 transaction except as herein provided. The City Manager may limft expenditures to the classes of 61 appropriations as set forth in the budget document or as required by the State Auditor of Public 62 Accounts ff such requirements are different from the classes shown in the budget document. In addition, 63 the City Manager may transfer appropriations from Reserve for Contingencies, in amounts necessary, for 64 salary or fringe benefft adjustments approved by Cfty Council. 65 SGction 7. Nothing In this section shall be construed as authorizing any reduction to be made In 66 the amount appropriated In this Ordinance for the payment of Interest or bonds on the bonded debt of 67 the Cfty Government or the former poiftiral subdivisions of Virginia Beach and Princess Anne County. 68 Section 8. Allowances out of any of the appropriations made in this Ordinance by any or all of 69 the city departments, bureaus, or agencies, to any of their officers and employees for expenses on 70 account of the use by such officers and employees of their personal automobiles In the discharge of 71 their official duties shall not exceed twenty-four cents ($.24) per mile of actual travel for the first 15,000 72 miles and eleven cents ($.l 1) per mile for additional miles of such use within the fiscal year. 73 Section 9. All traveling expense accounts shall be submitted on forms approved by the Director 74 of Finance and according to regulations approved by the Cfty Council. Each account shall show the 75 dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses, 76 meals, and incidental expenses. The Director of Finance is specffir-ally directed to withhold the issuance 77 of checks in payment of expense accounts submitted for 'lump-sum' amounts, Including payments to 78 employees of the School Board. 79 Section 10. That this Ordinance shall be in effect from and after the date of fts adoption. 80 Section 1 1. That ff any part or parts, section or sections, sentences, clause, or phrase of this 81 Ordinance Is for any reason declared to be unconstftutional or Invalid, such decision shall not affect the 82 validity of the remaining portions of this Ordinance. 83 First Reading: May 7. 1990 84 Second Reading: May 14, 1990 85 Adopted by the Council of the cfty of Virginia Beach, Virginia, on the 14 day of May 86 1990. - 18 - V-I . 1 b. ORDINANCES/RESOLUTION ITEM # 32795 FY 1990-1991 OPERATING BUDGET Upon motlon by Vice Mayor Fentress, seconded by Councilman Moss, City Counci I ADOPTED upon SECOND READING: Ord i n ance estab I I sh I ng the tax I evy on rea I estate for Tax Fiscal Year 1991. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE ESTABLISHING THE TAX LEVY 2 ON REAL ESTATE FOR TAX FISCAL YEAR 1991 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 ESTATE. 5 There shall be levied and collected for fiscal year 1991 taxes for general purposes on all real 6 estate, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of one 7 dollar and three and two-tenths cents ($1.032) on each one hundred dollars ($100) of assessed valuation 8 thereof. The real property tax rates Which have been prescribed In this section shall be applied on the 9 basis of one hundred percentum of the fair market value of such real properly except for public service 10 real property which shall be on the basis as provided In Section 58.1-2604 of the Code of Virginia, as 11 amended. 12 Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND 13 FACILITIES" CLASSIFIED AS REAL STATE. 14 In accordance wfth Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall 15 be levied and collected for general purposes for fiscal year 1991, taxes on all real estate certified by the 16 Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilkies' not exempt from 17 taxation, at the rate of one dollar and three and two-tenths ($1.032) on each one hundred dollars ($100) 18 of assessed valuation thereof. The real property tax rates imposed in this section shall be applied on the 19 basis of one hundred percentum of fair market value of such real property. 20 Section 3. CONSTITUTIONALITY. 21 That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is 22 for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the 23 remaining portion of this Ordinance. 24 Section 4. EFFECTIVE DATE. 25 This Ordinance shall be in effect from and after the date of its adoption. 26 First Reading: May 7, 1990 27 Second Reading: May 14, 1990 28 Adopted by the Council of the city of Virginia Beach, Virginia on the 14 day of May I 990. - 19 - V-1 . l.c. ORDINANCES/RESOLUTION ITEM # 32796 FY 1990-1991 OPERATING BUDGET Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council ADOPTED upon SECOND READING: ord i nance estab I I sh I ng the tax I evY on persona I property and machinery and tools for the Calendar Year 1991. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON 2 PERSONAL PROPERTY AND MACHINERY AND TOOLS 3 FOR THE CALENDAR YEAR 1991. 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY. 6 in accordance with Chapter 35 of Title 58.1 of the Code of Virginia (1950), as amended, there 7 shall be levied and collected for general purposes for the calendar year 1991, taxes on all tangible 8 personal property, not exempt from taxation and not otherwise provided for In this Ordinance, at the rate 9 of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation 10 thereof. 1 1 In accordance with Section 58.1-3504 for the Code of Virginia (1950), as amended, certain 12 household goods and personal effects as defined therein shall be exempt from tayation. 13 Section 2. AMOUNT 0 PROPER- 14 - 15 In accordance with Section 58.1-3506 (A)(8) of the Code of Virginia (1950), as amended, there 16 shall be levied and collected for general purposes for the calendar year 1991 taxes on all vehicles 17 wfthout motor power used or designated to be used as mobile homes, at the rate of one dollar and three 18 and two-tenths ($1.032) on each one hundred dollars ($100) of assessed valuation thereof. 19 Section 3. AMO 20 MORE. 21 In accordance with Section 58.1-3506 (A)(1) of the Code of Virginia (1950), as amended, there 22 shall be levied and collected for general purposes for the calendar year 1991 taxes on all boats or 23 watercraft weighing five tons or more at the rate of one dollar and fifty cents ($1.50) on each one 24 hundred dollars ($100) of assessed valuation thereof. 25 Section 4. AMOUNT OF LEVY ON 'CERTIFIED POLLUTION CONTROL E NT AND 26 FACILITIES" CLASSIFIED 27 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall 28 be levied and collected for general purposes for the calendar ypar 1991 taxes on all tangible personal 29 propeny certffied by the Commonwealth of Virginia as @Certffied Pollution Control Equipment and Facili- 30 ties" not exempt from taxation, at the rate of three dollars and eighty cents ($3.80) on each one hundred 31 dollars ($100) of assessed valuation thereof. 32 Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS, FARM TO AND 33 FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND E 34 NURTURE OF FARM LIVESTOCK AND POULTRY. 35 In accordance with Section 58.1-3505 of the Code of Virginia (1950), as amended, there shall be 36 levied and collected for general purposes for the calendar year 1991 taxes on all farm machinery and 37 implements, farm tools, and farm livestock, including all horses, poultry, and grains and feeds used for 38 the nurture of farm livestock and poultry, not exempt from taxation, at the rate of one dollar ($l) on each 39 one hundred dollars ($100) of assessed valuation thereof. 40 Section 6. AMOUNT OF LEVY ON MA HINERY AND T L - 41 In accordance with Section 58.1-3507 of the Code of Virginia (1950), as amended, there shall be 42 levied and collected for general purposes for the calendar year 1991 taxes on machinery and tools, not 43 exempt from taxation, at the rate of one dollar ($l) on P-ach one hundred dollars ($100) of assessed 44 valuation thereof. 45 Section 7. AMO 46 In accordance wfth Section 58.1-3506 (A)(2,3) of the Code of Virginia (1950), as amended, there 47 shall be levied and collected for general purposes for the calendar year 1991 taxes on all aircraft at the 48 rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation 49 thereof. 50 Section 8. AMOUNT OF LEVY ON ANTIQUE AU BILE 51 In accordance wfth Section 58.1-35G6 (A)(4) of the Code of Virginia (1950), as amended, there 52 shall be levied and collected for general purposes for the calendar year 1991 taxes on all antique 53 automobiles at the rate of three dollars and eighty cents ($3.8o) on each one hundred dollars ($100) of 54 assessed valuation thereof. 55 $ectlon 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION E MENT- 56 In accordance with Section 58.1-3506 (A)(6) of the Code of Virginia (1950), as amended, there 57 shall be levied and collected for general purposes for the calendar year 1991 taxes on all heavy 68 construction equipment at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars 59 ($100) of assessed valuation thereof. 60 Section 10. AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT BUAINE TAN IBLE 61 PERSONAL PROPERTY. 62 In accordance with Section 58.1-3506 (A)(5) of the Code of Virginia (1950), as amended, there 63 shall be levied and collected for general purposes for the calendar year 1991 taxes on all research and 64 development tangible personal property, not exempt from taxation, at the rate of one dollar ($l) on each 65 one hundred dollars ($100) of assessed valuation thereof. 66 Section 1 1. AMOUNT OF LEVY ON ENERGY QQNVERSION EQUIPMENT. 67 In accordance with Section 58.1-3506 (A)(7) of the Code of Virginia (1950), as amended, there 68 shall be levied and collected for general purposes for the calendar year 1991 taxes on all energy 69 conversion equipment at the rate of one dollar ($l) on each one hundred dollars ($100) of assessed 70 valuation thereof. 71 Section 12. AMOLINT OF LEVY ON R HARDWARE. 72 In accordance wfth Section 58.1-35G6 (A)(9) of the Code of Virginia (1950), as amended, there 73 shall be levied and collected for general purposes for the calendar year 1991 taxes on all computer 74 hardware used by businesses primarily engaged in providing data processing services to other 75 nonrelated or nonaffiliated businesses, not exempt from taxation, at the rate of three dollars and eighty 76 cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. 77 Section 13. AMOUNT OF LEVY ON PF 78 Fr SED F R RECREATI NAL P RPO E ONLY. 79 1 n accordance with Section 58.1-3506 (A) (1 0) Of the Code of Virginia (i 950), as amended, there 80 shall be levied and collected for general purposes for the calendar year 1991 taxes on all privately 81 owned pleasure boats and watercraft use for recreational purposes only, at the rate of one dollar and 82 fifty cents ($1.50) on each one hundred dollars ($loo) of assessed valuation thereof. 83 Section 14. ASSESSED VALUE DERER TI N. 84 In accordance wfth Section 58.1-3103 of the Code of Virginia (1950), as amended, personal 85 property mentioned In the above sections shall be assessed at actual fair market value, to be determined 86 by the Commissioner of Revenue for the city of Virginia Beach. 87 Section 15. CONSTITUT ONALITY. 88 That ff any part or parts, section or sections, sentences, clause, or phrase of this ordinance Is for 89 any reason declared to be unconstftutional or invalid, such decision shall not affect the validky of the 90 remaining portions of this ordinance. 91 Section 16. EFFECTIVE DATE. 92 This ordinance shall be in effect January 1, 1991. 93 First Reading: May 7, 1990 94 Second Reading: May 14, 1990 95 Adopted by the Council of the chy of Virginia Beach, Virginia on the 14 day Of 19?0 96 1 9w. - 20 - Item V- 1 .2. ORDINANCES/RESOLUTION ITEM # 32797 FY 1990-1991 OPERATING BUDGET The following items were WITHDRAWN from the Agenda: ordinance establishing the tax levy on real estate for Tax Fiscal Year 1991, ($.987). Ordinance establishing the tax levy on personal property and machinery and tools for the Calendar Year 1991, ($.987). - 21 - Item V-I.3. ORDINANCES/RESOLUTION ITEM # 32798 Item Cl Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council APPROVED: Specific funding requests to authorize two law clerks for the Commonwealth Attorney's Office ($64,978); SEVAMP Nurse ($9,332), SPCA appropriation ($15,000); Life-Saving Museum ($7,500) ; and, the active duty EMS and Fire Volunteers will receive the issuance of a free city vehicle license decal rather than Waiving Recreation Center Card Fees. "The items total $96,810. The $7,500 for the Life Saving Museum will be derived from the Grant Contingencies and the other items will be derived from the General Fund Contingencies. These items will be transferred within the FY 1990-1991 OPERATING BUDGET and the appropriation ordinance will be adjusted. The total of Six Hundred Forty-five Million, Nine Hundred Thirty-two Thousand, Six Hundred Twenty-four Dollars ($645,932,624) for operations and Two Hundred Forty-seven Million, Two Hundred Eighty-three Thousand, Five Hundred Six Dollars ($247,283,506) in interfund transfers will remain the same. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 22 - Item V-I.3. ORDINANCES/RESOLUTION ITEM # 32799 FY 199 1991 OPERATING BUDGET Item C2 Councilman Heischober advised $7,291,633 is identified as coming from the projected ending balance of the FY 1989-1990 OPERATING BUDGET and as a revenue towards the FY 1990-1991 OPERATING BUDGET. Councilman Heischober recommended this not be done, as same is deficit financing. A MOTION was made by Councilman Heischober, seconded by Councilman Balko to reduce the Bond Reserve from 87.5% to 77.42%. This would reduce the Debt Reserve $34,561,912. Voting: 5-5 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober and William D. Sessoms, Jr. Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Abstaining: John L. Perry Council Members Absent: None Councilman Perry ABSTAINED as he did not understand the methodology. - 23 - Item V-I.3. ORDINANCES/RESOLUTION ITEM # 32800 FY 1990-1991 OPERATING BUDGET Item C3 City Employee Health Insurance shall be HEI-D IN ABEYANCE. It was requested the City consider increasing their Health Care contribution to $1400 per annum, effective January 1, 1991. The increase would require an additional appropriation for City and School needs of $1,050,000 for FY 1990-91. This could not be absorbed into either the School's or the City's budget, without requiring a tax increase. If, prior to January 1, 1991, revenues appear to be in a better situation, as well as the projecting ending balance, this issue could again be considered. - 24 - Item V-I.3. ORDINANCES/RESOLUTION ITEM # 32801 FY 199 1991 OPERATING BUDGET Item C4 There will be a "wash" on the request of the EMS Volunteers. The active duty EMS and Fire Volunteers will receive the issuance of a free city vehicle license decal rather than Waiving Recreation Center Card Fees. M 14 1 0 - 25 - Item V-1.3. ORDINANCES/RESOLUTION ITEM # 32802 FY 199 1991 OPERATING BUDGET Item C5 Carl Marshall, 524 Surfside Avenue, Phone: 422-5991, represented the Sugar Plum Bakery The City Council advised the Sugar Plum Bakery must file an application with the Office of Budget and Evaluation, and a Business Plan with the City Staff prior to City Council's consideration of their funding request. Ma 14, 1990 - 26 - Item V- 1 .4. ORDINANCES/RESOLUTION ITEM # 32803 FY 1990-1991 OPERATING BUDGET Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council ADOPTED, AS AMENDED*: Ordinance establishing the tax levy on privateiy owned camplng trailers and motor homes which are used f or recreational purposes for the calendar year 1991. *This Ordinance shall be effective July 1, 1991. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE ESTABLISHING THE TAX 2 LEVY ON PRIVATELY OWNED CAMPING 3 TRAILERS AND MOTOR HOMES WHICH ARE 4 USED FOR RECREATIONAL PURPOSES FOR 5 THE CALENDAR YEAR 1991 6 7 8 BE IT ORDAINED by the Council of the City of Virginia 9 Beach: 10 In accordance with Section 58.1-3506(A)(14) of the Code 11 of Virginia (1950), as amended, there shall be levied and 12 collected for general purposes, for the calendar year 1991, taxes 13 on privately owned camping trailers and motor homes as defined in 14 Section 46.2-100 of the Code of Virginia (1950), as amended, which 15 are used for recreational purposes only, at the rate of ONE DOLLAR 16 AND 50/100 ($1.50) on each ONE HUNDRED DOLLARS ($100.00) of 17 assessed valuation thereof. 18 Personal property mentioned in this section shall be 19 assessed at actual fair market value, as determined by the 20 Commissioner of Revenue for the City of virginia Beach. 21 This ordinance shall be effective July 1, 1991. 22 Adopted by the Council of the City of Virginia Beach 23 this @14 day of May 1990. 24 25 26 NEW/awi 27 5/7/90 28 5/10/90 29 5/14/90 30 CA-3740 31 Assess.Ord f @it@ C>f YNTER-OFFICE CORRESPONDENCE DATE: May 8, 1990 T07 le7al-@ Kra@r DEPARTMENT: Budget & Eval-ticn FRO@/: Bobby Vaughan@ DEPARTMENT: C ssicner of the @venue @ing Trailers and Motor H@s Based upon the cl=ent 1990 Personal Pr@rty tax records cf this office and the VirgLiia Dep t of Motor Vehicles Cc)de Sec. 46.2-100 as defined, the @loll g is given as the best es@te available: The pr -@sed asses@t is assessed at the current pleasure boat rate. I Current Asses@ts EW Rate Tax Revenue @i-ng Trailers $1,468,530 $3.80 $ 55,804 @tor H@s 6,150,204 3.80 233,707 Total Current Proposed ses-t @ing Trailers $1,468,530 $1.50 $ 22,027 @iotor H@s 6,150,204 1.50 92,253 Total Proposed $-114,280 Revenue Inpact @i-ng Trailers $( 33,777) i,iotor H@s $(141,454) Tc)tal @act $(175,231) 1990 SESSION VIRGINIA ACTS OF ASSEMBLY - CHAPTER of virgini,2, relat'ng t" An Act @O amend and reenact SS 58.1-35o6 @f the Code classifications of ta,,gible personal Property. [S 3131 Approved Be it enacted by the General Assembly of Virginia: 1. That SS 58.1-3506 of the Code of Virginia is amended and reenacted as follows: Other classifications of tangible personal property for taxation.-A. The SS 58.1-3506. of property and items of property set for-th below are each declared to be a separate class shall constitute a classification for local taxation separate from other classifications of tangible personal prol)erty provided in this chapter: 1. Boats or watercraft weighing five tons or more; 2. Aircraft having a maximum passenger seating capacity of no more than fifty which are owned and operated by scheduled air carriers operating under certificates of public convenience and necessity issued by the State Corporation Commission or the Civil Aeronautics Board; 3. All other aircraft not included in subdivision A 2 and flight simulators; 4. Antique automobiles as defined in SS 46.44 46.2-100 ' 5. Tangible personal property used in a research and development business; 6. Heavy construction machinery, including but not limited to land movers, bulldozers, front-end loaders, graders, packers, power shovels, cranes, pile drivers, and ditch and other types of diggers; 7. Generating equipment purchased after December 31, 1974, for t@e purpose of changing the energy source of a manufacturing plant from oil or natural gas to coal, wood, wood bark, wood residue, or any other alternative energy source for use in manufacturing and any cogeneration equipment purchased to achieve more efficient use of any energy source; 8. Vehicles without motive power, used or designed to be used as manufactured homes as defined in SS 36-85.3; 9. Computer hardware used by businesses primarily engaged in providing data processing services to ither nonrelated or nonaffiliated businesses; 10. Privately owned pleasure boats and watercraft used for recreational purposes only; 11. Privately owned vans with a seating capacity for twelve or more persons used exclusively pursuant to a ridesharing arrangement as defined in SS 46.1-556 of the Code of Virginia; 12. Motor vehicles specially equipped to provide transportation for physically handicapped individuals; and 13. Motor vehicles owned by members of a volunteer rescue squad or volunteer fire department. One motor vehicle which is regularly used by each volunteer rescue squad member or volunteer fire department member to respond to calls may be specially classified under this section. In January of each year, the said volunteer shall furnish the commissioner of revenue, or other assessing officer, with a certification by the chief or head of the volunteer organization, that said volunteer is a member of the volunteer rescue squad or fire department who regularly responds to calls or regularly performs other duties for the rescue squad or fire department, and the motor vehicle is identified as regularly used for such purpose . ; and 14. Privately oivned campi?7g trailers and rnotor homes as defined in SS 46.2-100 which are used for recreational purposes only. B. The governing body of any county, city or town may levy a tax on the property enumerated in subsection A at different rates from the tax levied on other tangible perso,ial property. The rates of tax and the rates of a,-sessment shall (i) for purposes of subdivisions 1, 2, 3, 4, 6, 9, 10, 11, 12 arA , 13 , ,d 14 Of subsection Al not exceed that applicable to the general class of tangible personal proper-ty, (ii) for purposes of subdivisions A 5 and A 7, not exceed that applicable to machinery and tools, and (iii) for purposes of subdivision A 8, equal that applicable to reat property. ----- ------ 46.2-100 SS 46.2-100 MOTOR VEI-TICLES @@d di.,pose of it b, t,,nspotation over pulii, ,.,to mat@rial- (91r high@ays to sites @here it can be economically tr@,h) to la.df-,119 f- d@st,oyed, the criti-I f-l@,@ ih thi@ operatio@ vehici,, ithin the @ collecting and d@f-@@i@ff "Ope-ti.n c i@ the service Pe--l" '@ . . f th. di@p-s@g f th- w_t., ..t the o@..@n.p 0 .d fom@r SS 4f3.1-1 i @ fr the e, Bro,@i@g-F@,i@, l@' d@bri@. It "rec.ive. c..Pe@-@t 0 e privilege of V@. 157, 300 S. .21 603 (1983). vi@e" o.ly b,,ause it exe,cises th that eco- usi@g the public hikh,ay@, and part.of Indu@trial w pur- compensation is @ttrib.table to that Use. .Omic vniue, i tion OwnershiP of tt con- @iew f the pa, or use for @e-t tolli@g. Bro@n 983); I@,. . C.mm.n, d @,.Ith, 225 V-@ 603 (1983). Gr@ybeal V. C-@ 324 whe,@ . r@r. @@@tracts to t@k- pos,e@sion of ,@lid w"te o. th@ pre.i@e@ f it@ c@@to@ers S.E.2d 698 (1985). v 1. 1990) Definitions. - The following (Effective Ja@@ar, tle, SS 46.2-100. useci in this title s u pose of this ti hall, for the p r a , @vhen W,,d, and ph- se, is section except In espectively ascribed t- them in th'. have the -Oanings r meaning: those instinces where the COTItc.t clearly ir ed in this 'Anti e moto, vehicle" -eans every -0 ction,qu h was actually rnanufa se ,,hic ctured or years as a Tnodel manufactured in .1 calendar year, a C, Ctor's prior to Jqnuflry 1 of cach calendar year and item. "AutoTrobi-7, or watercraft trans-porters" means anv tractor truck, lOwbOY, vehicle, or CoTnbinatiOn, including vehicles or combi@ations which traTISPOrt motor vehicl@@ or watercraft on their power unit designed -and used the transpo n of rnotor vehicles exclusivclY Fo-r rtatio @, als, "Bicycle" mean'; ,L device pronefted solely by hu-al I om tNvo or more wheels, and a seat height of more than 1 8 its m imum height. Fo th a vehicle while Opel ay. of be ere the territOrY contiguou on of the I)roT)erty contig the se for a dista@C6 Of 300 ei I in use for business hi d and buildings actua purpo,es,i. ble sides and ,C.@p g trailer" me,,ins every vehi and cooking eping quarters but cont,,iin,; sle may or r f,icilities @ind iq designed to be drawn celled "Cancel" or ,,,,,cellation" means that ulled or terminated becauSE has been ann at but the cancellatio-@i is without Prejudic any time after cancellation@ erson employed for the i)rincipal purpose of @'Ch.ufl@z.ir" means every p i,es a - tor vehicle while in driving a -otor vebicle and every person who dr mo -ier of persons roperty,. or p 1 io use as a public or common ca tion C,,mTn sir, "Commission" means the State Corpoi,,,i ent of Motor of the Depart- ,,Commi,qsionel, means the Commissioner Veliicies of the Commonwealt a,, intersection included ides of witliin the c the the highwa. at an edges of tl lines intersection or other m ce. 201 SS 46.2-100 CODE OF VIRGINIA SS 46.2-100 "Doc,il" means device to be ittached to a license plate that validates the license plate for a predetermined registration period. "Department" means the Departme-nt of Motor Vehicles of the Common- wealth. "Driver's license" means any license, including a commercial driver's license as defined in tbe Virginia Commercial Driver's License Act (SS 46.2-341.I et seq.), issued under the laws of the Commonwoalth authoriz- ing the operation or a motor vehicle. "Essential pa@" mears ill integral parts and body parts, the retnoval, alteration, or substitution of which will tend to conceal the identity of a vehicle. "F,,irm tractor" means ever motor vehicle designed and used as a farm, agricultural, or horticultural lows, mowing ma- chines, and other farm, agric achinery and imple- ments including self-propelle@ d u for mowing lawns. "Federal safet-v requii-emen provisions of the National Traff-ic and Motor Vehicle Safet Act of 1966 as arr ended (15 U.S.C. SS 1381 et seq,) and all administrative re@ations and policies adopted pursuant thereto. ",Pinanci@@] responsibility" means the ability to respond in damages for liability thereiffer incurred Irising out of the ovmership, maintenance, use, or operation of a motor vehicle, in the amounts provided for in SS 46.2-472. "Foreikn market veliicle" means any motor vehicle originally manufactured outside thc United States, which was not manufactured in accordance with the National Traffic and Motor Vehicle Safety Act as amended (15 U.S.C. SS 1381 et seq.) ind tlie policies and regulations adopted pursuant to that Act, and for which l Virginia title or reaistration is sought. "Foreig-n vcliicle" means every mot@r vehicle, trailer, or semitrailer which is brought into the Commonwealth otherwise than in the ordinary course of business by or through a manufacturer or dealer and which has not been registered in the Commonwealth. "Golf cart" means a self-propelled vehicle which is designed to transport persons playing golf and_their equipment on a golf course. "Gro,gs weight" me,@ins the aggregate weight of a vehicle or combination of vehicles and the load thereon. "Highivay" means tlle entiro width between the boundary lines of every way or pla@e open to the use of the public for purposes of vehicular travel in the CornmonN@ealth, includin@ the streets and alleys, and, for law-enforce- ment purposes, the entire width between the boundary lines of all private roads or private streets wbich have been specifically d@sigdated "highways" by ,in ordinance adopted by the governing body of the county, city, or town in which such T)rivate roads or streets are located. "Intersecti-on" mea,.is (i) the area embraced within the prolongation or connection of the lateral curblines or, if none, then the lateral boundary lines of the roadwavs of t@vo highways which join one another tely at, ri,,Iit angles, or the area within w-hich vehicles ti t highways joining at any other angle rnay come in con a hi,.hnvay includes two roadways thirty feet or more aparl 9 of each roadway of such divided highway by an intersect e regarded as a ;eparate intersection, in tbe event such @ also includes two roadways thirtv feet or more apart, then every cross ng o two roadways of such highways shall be regarded as a sel)arate intersection; or (iii) for purposes only of authorizing installation of tr@ic-control devices, eve:-y crossing of a highway or street at, grade by a pedestrian crosswalk. 202 SS 46.2-100 MOTOR VEHICLES SS 46.2-100 "Law-enforcement officer" means tny officer authorized to direct or regulate traffi, or to rnake arrests for violations of this title or local ordinances authorized by law.. "License plate" me,,ins a device containing letters, numerals, or a combina- tion of both, attached to a motor vehicle, trailer, or semitrailer to indicate that the vehicle is prope@ly Tegi@tered with the Department. "Li@,h t" means a device ior producing illumination or the illumination c prod,, ed by the device. "Mobile home" means a structure, tr,,insportable in one or more sections, which in the traveling mode is eight bod), feet or more in width or forty bocly n erected o@ site, is 320 or more square feet, and fect or more in len,,tli, or, whe which is built on a perm-,nent ch,,issis and designed to be used as a dwelling with or without a pemanent foundation when connected to the required utilities, and ;,ciudes the plumbing, heating, air-conditioning, and electrical sy and a helper motor which is 01 which produces speeds up to r liurpo@ s of Chapter 8 of this title, a ea o -n ahighway. or vehicle with a normal seating 'ca uding tbe driver, designed in b pr ed i is self- pro in this titi ture designed, us on or affi cr vehicle to pro office, or sl),,ice shall be considered a part o or the pui s title, any device herein defined as a bicycle or a moped shall be t to be a motor vehicle. "Motorcycle" means every motor vehicle designed to travel on not more th,@in tl,.ree wheels in contact with the ground, excel)t any vehicle included within the term "farm tractor" or "Mol)Cd" as defined in this section. "Nonr,sident" meanq every person w@o is not domiciled in the Common- wealth, exc 0 ness in the Cor e a resident of se of corporation e tside the Commo ated within tlie on- wealth; (ii) erson who ecor the Commonwe for a period exc, the I)Urposes of s title and the Act @SS 46.2-341.1 et seq.) except.@Or ses of of this title (iii) a person, other than a nonresidei as defi actu I ided in the Commonwealth for a period of f i " ly ernpil",edreosr not. or who has registered a moto@ vehicle, i in the Commonwe'alth in the application for registration a resident for the T)urposes of this title,except for the purposes of the Virginia Commercial Dri-ver's License Act (SS 46.2-341.1 et seq ). "Non.resident student" means every nonre.,;ident per") who is enrolled as a full-time qtudent in an iccredited institution of learning in the Common- wealth aEd who is not g,,iinf.ully employed. "Oper,@tion or uqe for i-ent or for Ilire, for the t n ton ol' i e'rs '- 'I ss "gt or Is i propei-ty carrier foi- compens,,ition", an p mean qn owner or operator ra spo p d"b,@,,n tr,,n@p@'@"' f y _.tr v - I ta@l@r @operty'@ a, @h@r e, I)ersons or y C.@m. w It v . :@@p or semitrailer operating over the liighways in the n h h a 203 46.2-100 CODE OF VIRGINIA SS 46.2-100 or receives compensation for tbe service, directly or indirectly; but these terms do not mean a "truck lessor" as defined in this section. "Oper,,Itor'@ or "driver" means every person who either (i) drives or is in actual physical control of a m.otor vehicle on a highway, or (ii) is exercising control over or steering a vehicle being towed bv a motor Vehicle. "Owner" means a p6rson who holds tbe legal titl@ to a vehicle or, if a vehicie is the subj ct of an agreement for its conditional sale or lease @ith the right of purchase ( e conditions stated in the agreement and with an immed on vested in the conditional vendee or lessee or, if a mortl q entitled to possession, then the conditiotial vendee or shall be the owner for the purpose of this title; except tliat in all such instances when the rent T)aid by the lessee includes charges for services of any nature or when the lease does n6t provide that title shall pass to the lessee on payment or the rent stipulated, the lessor shall be be subject to such regarded as the owner o' the vehicle, and tlie vehicle shall requireTnents of this title as are at)i)licable to vehicles operated for comperisa- tion. A "truck lessor" as defined in- @his ,ection shall be regarded as the ovmer, and his vehicles shall be subject to s .uch requirements of this title as are applicable to vehicles of private carriers. "P,issenger car" means every mot()r vehicle otlier than a motorcycle desi.-ned and used primarily for the transport,,.Ition of no more than I ten persons including the driver. "Piclcup or panel truck" means every motor vcliicle designed for the transportation of property and having a registered gross weight of 7,500 pounds or less. "Private rold or driveivay" rneans evcry way in private ownership and used for vehicular travel by the owner and those baving express or implied permission from the owner, but not by other personq. "Reconstructed vehicle" means every veiiicle of a type required to be re,istered under this title materially altered from its original construction by the removal, addition, or substitution of new or used essential parts. 'Tesidence district" means the territory contiguous to a highway, not comprising a business district, where seventy-f-lve percent or more of the property cotitiguous to such highway, on either side of the highway, for a dista,ice of 300 feet or more along the highway is occupied by dwellings and land improved for dwelling purposes, or by dwellings, land improved for dwelling i)urposes and land or buildings in use for business purposes. "Revok-e" o-r "revocatior@" means that the docurnent or privilege revoked is not subject to ren6wal or restoration except through reapplication after the expiration of the period of revocation. "Roadwa 'y" means th,,it T)ortion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. A highway may include two or more roadways if divided by a physical barrier or barriers or an unp,ived area. "Safety zone" means the area ofricially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by plainly visible sig-ns. "School bus" means any motor vehicle, other thin a ,tation wagon, automobile, truck, or commr,,rcial bu,-,, Nvbich is: (i) designed and used primarilv for the transportation of pupils to and from public, private or parochi@l schools, or used for the transportation of the mentally or physically handicapT)ed to and from a sheltered wo-kshop; and (ii) painted yellow and bears the- word,@ "School Bus" in black letters 0-f a specified size on front and rear; @ and (iii),is @ equipped with warning devices prescribed in SS 46.2-1090. 204 46.2-100 MOTOR VEHICLES SS 46.2-100 cle of the trailcr type so designed and used "Somitrailcr means every vehi in conjunction with a motor vehiclc that some part of its own weight and that of its-own load rests on or is carried by another vehicle. "Shoulder" means that part of a highway between tllc portion rcgularly travelled by vehicular traffic and the lateral curbline or ditch. "Snoivmobile" moans a self-propclled vehicle designed to travel on snow or ice, steered by skis or runners, and supported in whole or in part, by one or fnore skis, belts, or cleats. "Specially constz,ucted vehicle" means any vehiclc wbich was not originally constructed undcr a distinctive name, make, model, or type by a generally zed manufacturer of vehicles and not a reconstructed vehicle as herein Stingcr-stecred automobile oi- watercrall transpoi-ter means an automobile or watercraft transportcr configured as.a semitrailer combination wherein the fifth wheel is located on a drop frame behind and below the rearrnost axle.of the power unit. I'guperintende,,t" means tlie Superintendent of the Department of State Police of the Commonwcalth. "Suspend" or "suspension" means that the document or privilege suspended has been temprar,.fy withdrawn, but may be reinst[,ted following the period of suspension . @, it has expired Prior to the end of the period of suspension. ,,Tractoy- truck" means every mofor vehicle designed and used primarily for, drawing other vehicles and not so constructed as to carry a load othcr than a part octhe load and weight of the vehicle attached thereto. "Traffic infraction" means a violation of law punisliable as provided in 46.2-113, whidh is -neither a felony nor a misdemeanor. d or "Tr,2fl-ic lane" or "lane" means tfiat portion of a roadway designe c forward movement of a single line of vehicles. designated to accommodatc th r designed for carrying "Ti,ailer" means cvery vehicle without motive POwe property or its own structure and for being drawn by a motor vehisc homes. "TrucIc" mc hicle desianed to transport property.on its own structurc otber ve@icle and having a registered gross weight in ex( S. "Truck lessor" means a pcrson who holds the legal titie to any motor vehicle, trailer, or semitrai er whicb is the subject of a bona fidc written lease for a term of onc year or more to another person, Provided that: (i) neither the Icssor nor tlie lessee is a common carricr bY . .motor vehicle or restricted common carrier by motor vehicle or contract carrier by motor vehiclc as defined in SS 5 er, oi semitrailer is used (iii) the lessor is exclusivelY fo r of the leased not employed cmployed in any motor vehicle ed by affidavit of capacity by ti the lessor, is is or "Vehicle"Tr i, an may, be transl Fc purposes of wer or c ve es operated on @ohapt@r 8 l@@ bi cles and mope s s a a highway- c "Wheel cliai,- o, ivlieel chiir conveyince" Means a cliair or seat equipp d with whcels, typically us@d to provid@ mobility for persons who, by reason of physi al disability, are otherwise unable to move about as pedestrians. The oe term includes both three-wheeled and four-wh led devices@ So long as it is operated only as provided in SS 46.2-677, a self-propelled wheel chair or @elf- propelled wheel chair conveyance shall not be considercd a motor vehicle. 205 46.2-100 MOTOR VEHICLES SS 46.2-100 means every vehicle of the trailer type so designed and used ,somitrlilcr" in conjunction with a motor vehicle that some part of its own weight and that on or is carried by anotber vehicle. of its own load rests portion regularly "Sho,,Ider" means that part of a highway between the hicular traffic and the lateral curbline or ditch. travelled bY ve to travel on snow or ,,s,,o,vmobile" means a self-propelled vehicle designed ice, steered by skis or.runners, and suppoi4ed in whole or in part by one Clr inore skis, belts, or cleats. 'Specililiv const,.ucted vehicle" means any vehicle which was not originally me, make, Tnodel or type by a generally constructed under a distinctive na d not a recons'tructed vehicle as herein reco ized manufacturer of vehicles an ,f d ilud. Stinger-steered automobile or watercraft transporter means an automobile or wat-ercraft transporter conf-igured as a semitrailer combination wherein the fifth wheel is locat-ed on a drop frame behind and below the rearmost axle of endent of the Department of State the docurnent or privilege suspenqeq ay b n=d following the perloci e rei to the @@d T)eri.d of suspension. hicle designed a@d used primarily for' cted as to carry a load other than a cle attached thereto. T of law punishable as provided in SS 46.2 wh'( is neither a nor a misdemeanor. "Tra I,, , or "lane" me n., designated to z commodate the for ,,Trailer" means ever property or passen @ers motor vehicle, incUdir to transport property on its ,,Trucic" means ever3 ther v, d having a registered gross own structure independent of any c weiLht in excess 6f 7,500 pounds. "tr,,ck lesso.r" means a person who holds the legal title to any motor e, trailer, or semitrail6r which is the subject of a bona fide written lease vehicl d that: (i) neither the for a t re to another person, T)rovide erm of one year or ino restricted ce is a comm n carrier by motor vehicle or lessor nor tlie less r by motor vehicle as common carrier by motor vehicl r, o@ semitrailer is use.d defined in SS 56-278; (ii) the leased exclusively for thi transportation e@see; (,iii) the lessor is not employed in any Capacity by operator of the leased is not employed in any ff_ motor vehicle is a bona fide emplo verified by a@davit of clipacity bv the lessor; and (v) a ti the lessor,- is filed Nvith the Commissioner. ch any person or property is or "Vehicle" means every device in, on or by whi may,be transported or drawn on a highway, except devices moved by human onary rails or tracks. For the p@oses of power or used exclusivclv on stati hile operated on Chapter 8 of this titlc, bicycles and mopeds shall be vehicles w a highway- "W@ @el ch,@r conveyance" means a cliair or seat equipped eel chair or wli ide mobility for persons who, by reason of with wheels, typically used to pro t as pedestrians. The physical disability, are otherwise ices. So long as it is term includes both three-wheeled Iwheel chair or self- operated only as provided in SS 46 propelled wbeel 6hair conveyanc( ced a motor vehicle. 205 - 27 - Item V-I.5. ORDINANCES/RESOLUTION ITEM # 32804 FY 1990-1991 OPERATING BUDGET Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council: REID IN ABEYANCE for City Staff analysis and evaluation the Ordinances to AMEND and REORDAIN Section 35-64 of the Code of the City of Virginia Beach, Virginia, re general prerequisites to exemption, deferral or freeze of real estate taxes for elderly and disabled persons: ... combined income not exceed $30,000, provided that first $5,000 of income of relative other than spouse or owner not be included; further, provided that $7,500 of income from a permanently or totally disabled owner not be included; and, net combined financial worth, excluding value of dwelling and land, not to exceed one acre, does not exceed $70,000. (Sponsored by Council Lady Nancy K. Parker) ... combined income not exceed $20,000 FY 1990-1991 $23,000 FY 1991-1992 - $26,000 FY 1992-1993 $30,000 FY 1993-1994, provided that first $5,000 of income of relative other than spouse or owner not be included in FY 1990-1991 and $6,500.00 thereafter; and, net combined financial worth not exceed $70,000 FY 1990-1991 and $75,000 thereafter. (Sponsored by Vice Mayor Robert E. Fentress) The City Staff will provide an analysis and evaluation of both recommendations in approximately two weeks. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 14 1 0 - 28 - Item V-1.6. ORDINANCES/RESOLUTION ITEM # 32805 FY 1990-1991 OPERATING BUDGET Upon motion by Counci lwoman Parker, seconded by Counci Iman Sessoms, City Counci I DEFERRED INDEFINITELY for consideration in the City's 1991 Legislative Package: Resolution requesting the Virginia General Assembly enact legislation enabling local governments to establ i sh a real property taxation cap for senior citizens. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 29 - item V-J.1- PUBLIC HEARING PLANNING ITEM # 32806 Mayor Meyera E. Oberndort DECLARED a PUBLIC HEARING on: PLANNING (a) BOYS CLUB OF NORFOLK, INC. CHANGE OF ZONING AND CONDITIONAL USE PERMIT (b) CENTRAL FIDELITY BANK STREET CLOSURE (c) ROBERT M. STEIN, EDWARD S. STEIN, CONDITIONAL ZONING ARTHUR H. STEIN AND BARBARA S. FISCHER CLASSIFICATION (d) B & 0 DEVELOPMENT CORPORATION STREET CLOSURE B & 0 DEVELOPMENT CORPORATION AND CONDITIONAL ZONING MAXWELL D. SANDERS CLASSIFICATION SUNSHINE DEVELOPMENT ASSOCIATES CONDITIONAL ZONING CLASSIFICATION (e) AMERICAN EAGLE COMMUNICATION OF CONDITIONAL USE PERMIT VIRGINIA, INC. (f) CONTEL CELLULAR, INC. CONDITIONAL USE PERMIT (g) INDIAN RIVER PLANTATION, INC. CHANGE OF ZONINGS CONDITIONAL USE PERMIT - 30 - Item V-J.l.a. PUBLIC HEARING PLANNING ITEM # 32807 Bi II Wrlght, Chairman of the Board of Di rectors of Boys Cl ubs of Norfolk and Virginia Beach Upon motion by Councilwoman McCianan, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of BOYS CLUB OF NORFOLK, INC.: ORDINANCE UPON APPLICATION OF BOYS CLUB OF NORFOLK, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5D TO 0-2 Z05901282 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Boys Club of Norfolk, Inc., for a Change of Zoning District Classification from R-5D Residential District to 0-2 Office District on certain property located at the northeast Intersection ot Rosemont Road and Buckner Boulevard. Said parcel contains 12.6 acres. More detailed information Is available In the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF BOYS CLUB OF NORFOLK, INC. FOR A CONDITIONAL USE PERMIT FOR A PRIVATE CLUB R05901299 A BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Boys Club of Norfolk, Inc. for a Conditional Use Permit for a prlvate club on certain property located at the northeast intersection of Rosemont Road and Buckner Boulevard. The parcel contains 12.6 acres. More detailed Information is available In the Department of Planning. PRINCESS ANNE BOROUGH The following conditions shall be required: 1. An approximate 80-foot right-of-way dedication along the frontage of this site is required for Buckner Boulevard, depicted on the Master Street and Highway Plan as a four lane undivided roadway with bikeway. 2. Additional right-of-way shall be required to be dedicated on the subject property to accommodate turn lanes and traffic signalization at the intersection of Rosemont Road and Buckner Boulevard. The access agreement secured with Virginia Power shall Include the area necessary for these Improvements. 3. The main entrance location on Buckner Boulevard Is not acceptable. The applicant must work with Traffic Engineering to provide an acceptable entrance location off Buckner Boulevard. The entrance should be located further from the Intersection. - 31 - item V-J.I.a. PUBLIC HEARING PLANNING ITEM # 32807 (Continued) 4. Temporary left and right turn lanes are required to be installed at the Rosemont Road/Buckner Boulevard Intersection to serve this site. 5. A 20-foot yard with Category IV screening shall be required along the northern boundary of the Boy's Club site to screen adjacent residential uses. 6. The conceptual plan submitted may require modification during subdivision/site plan review. 7. The applicant shall adhere to the Landscaping Ordinance. Thls Ordinance shall be effective In accordance with Section 107 (f) of the Zoning Ordlnance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Four and Ninety. Public uses, a library and softball field, are anticipated on the residual 8.9 acres proposed for rezoning. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 32 - Item V-J.l.b. PUBLIC HEARING PLANNING ITEM # 32808 Attorney Ned Caton, Law Offices Edward T. Caton, P.C., 2508 Pacific Avenue, Phone: 428-4681, represented the applicant Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council APPROVED,subject to compliance ot conditions by November 26, 1990, the petition of CENTRAL FIDELITY BANK for the discontinuance, closure and abandonment of a portion of Cleveland Street: Application of Central Fidelity Bank for the discontinuance, closure and abandonment of a portion of Cleveland Street beginning at the western boundary of Independence Boulevard and running in a westerly direction a distance of 225 feet. Said parcel is 50 feet in width. More detailed information is available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. It appears that the applicant owns the underlying fee to the right-of-way proposed for closure. if this Is verified by the City Attorney's Office, purchase from the City would not be required. 2. The applicant Is required to resubdivide the property and vacate Internal lot lines to incorporate the closed area into adjoining parcels, as wel I as, to ensure that al I lots have access to a public street. 3. The Virginia Electric and Power Company has electric facilities within the portion of Cleveland Street proposed for closure. The applicant must provide the Virginia Electric and Power Company with a satisfactory private utility easement. Evidence that this easement has been provided to the satisfaction of the Virginia Electric and Power Company must be submitted to the Planning Department. 4. The applicant Is responsible for providing the Department of Public Utilities with a survey locating the ten inch water line kicker joint. If any portion of the utility fails within the right- of-way proposed for closure, a utility easement satisfactory to Public Utilities Is required. 5. If a utility easement is required, the applicant shall submitarevised ordinance closing the right-of-way to the City Attorney's Office. The redraft shall Include a "save and except" clause for the utility easement referenced in condition #4. 6. The applicant is responsible for making arrangements to accommodate any other non-municipal utilities which may be located In the right-of-way proposed for closure. - 33 - Item V-J.l.b. PUBLIC HEARING PLANNING ITEM # 32808 (Continued) 7. Any right-of-way needed for the widening of Independence Boulevard shall not be closed. 8. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker and William D. Sessoms Council Members Absent: None Councilwoman Parker ABSTAINED as she was absent during the discussion Councilman Sessoms ABSTAINED as he is an employee of Central Fidelity Bank. - 34 - Ttem V-J.l.c. PUBLIC HEARTNG PLANNING ITEM # 32809 Attorney Eric A. Hauser, 900 One Columbus Center, Phone: 473-5358, represented Wal Mart Stores and Parcel A. Mike Davis, represented Wal Mart Stores, which will occupy Parcel A and advised approximately 260 jobs will be provided. John M. Knibb, Vice President Development/Land Sales, Divaris Real Estate, Suite 602, One Columbus Center, Phone: 497-2113. Mr. Knibb displayed the landscaping plan for Parcel A. The building will be constructed of split-block masonry. Warren L. Tisdale, 1425 Bayberry Place, Chesapeake Phone: 628-556 (W), 424-9669 (H), represented Parcels B and C and the owners of the property LCDR M. R. Terrel, NAS Oceana, Phone: 433-2408, advised NAS Oceana and U.S. Navy has WITHDRAWN their OPPOSITION. The summary of major use restrictions and limitations contained in the agreement between the Stein Family and the Department of the Navy were distributed to City Council and are hereby made a part of the record. Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of ROBERT M. STEIN, EDWARD S. STEIN, ARTHUR H. STEIN and BARBARA S. FISCHER (PARCEL A Only) for a Conditional Zoning Classification. PARCELS B and C were referred back to the PLANNING COMMISSION. ORDTNANCE UPON APPLICATION OF ROBERT M. STEIN, EDWARD S. STETN, ARTHUR H. STEIN AND BARBARA S. FISCHER FOR A CONDTTIONAL ZONING CLASSTFICATTON FROM I-1 TO B-2 Z05901283 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA Ordinance upon application of Robert M. Stein, Edward S. Stein, Arthur H. Stein and Barbara S. Fischer for a Conditional Zoning Classification from 1-1 Light Industrial District to B-2 Community Business District on certain property located at the northwest intersection of Phoenix Drive and Sabre Road. The parcel contains 26.63 acres. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. The following condition shall be required: Agreement and deed restrictions, encompassing the twelve (12) proffers as presented to City Council on May 14, 1990, shall be recorded with the Clerk of the Circuit Court. 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 May, Nineteen Hundred and Ninety. M 14 1 - 35 - Item V-J.l.c- PUBLIC HEARING PLANNING ITEM # 32809 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None #9515 wLT:et/February 27, 1990 COVENANTS, RESTRICTIONS AND CONDITIONS PROFFERED TO CITY OF VIRGINIA BEACH THIS DECLARATION OF COVENANTS, RESTRICTIONS AND CONDITIONS, made this 27th dav of February, 1990 by and among R05ERT 14. EDWARD S. @TEIN, ARTHUK H. STEIN, BARBARA S. FISCHER STEIN, Feldman) and ROBERT M. STEIN, Fiduciary (formerly Barbara S. ment of Jack Stein, Deceased under the Last Will and Testa VIRGINIA BEACH (collectively "Grantors"), and the CITY OF (,-City,,), a municipal corporation of the Commonwealth of virginia; W I T N E S S E T H WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City, by petitiol If the Grantors addres sed to the City, requesting a change in the classification of the Grantors, property from I-1 Light industrial District to B-2 Community Business District on certain property containing approximately twenty six and six-tenths (26.6) acres, more or less, located on the Northwest and Southwest corners of the intersection of Phoenix Drive and Sabre Street in the Lynnhaven Borough of the City, more particularly described on Exhibit A attached hereto ("Property"): WHEREAS, the City's policy is to provide only for the orderly development of land for various purposes including light industrial and limited coimnercial purposes, through zoning and otlier land development legislation; WHEREAS, the Grantors acknowledge that the two classifications concerned could be in conflict, but feel that under given circumstances such classifications can be compatible. In order to gain perniission for the differing use on the Property, the Grantors recognize the need to protect the community from possible effects of the zoning change by accepting the imposition of certain reasonable conditions not generally applied to the B-2 District but which will govern the use of the Property in this case; WHEREAS, the Grantors have voluntarily proffered the following reasonable conditions in writing prior to the public hearing held by tlie City, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 District by the City Zoning Ordinance (-ICZOI-). Grantors intend that these conditions relating to tfie physical development and operation of the Property be adopted as a part of the I I amendment to the zoning Map relative to the Property, that the conditions bear a reasonable relation to the rezoning and that the need for the conditions is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and accepted by the City as part of the amendment to the CZO. NOW, THEREFORE, the Grantors, for themselves, their heirs, personal representatives, assigns, tenants, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the City or its governing body aiid without any element of compulsion or quid pro quo for zoning, use permit, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions, covenants, and restrictions as to the physical development and operation of the Property and governing the use thereof and hereby declares that this declaration of conditions shall be covenants and equitable servitudes running with the Property, wliich shall be binding upon the Property and upon all parties and persons claiming under, by or through the Grantors, their heirs, personal representatives, assigns, tenants, grantees and other successors in interest or title, namely: wit A as designated on Exhibit A' PROFFER 1. Proffer Area A shall not be resubdivided to contain less than 15.0 acres. This restriction shall not prevent boundary line agreements or resubdivisions with adjacent property owners for the purposes of resolving disputed property lines or removing encroachments, provided that Proffer Area A contains at least 15.0 acres and all other requirements of the Ciiy are satisfied. Any taking by, or dedication to, any governinental body which results in Proffer Area A containing less than 15.0 acres shall not be considered a violation of this Proffer. PROFFER 2. No more than one (1) Primary Structure, as hereafter defined, shall be constructed on Proffer Area A; however, an ancillary building, to be used as a stockroom, may be constructed as a separate structure, provided that all other requirements of the City are satisfied. For the purposes of this paragraph a "Primary Structure" shall mean any @uilding containing 500 square feet of!floor area or more, but shall not include unenclosed structures ancillary to the Primary Structure, such as service station canopies, drive-through windows/aisles and the like (such facilities may have a small portion enclosed, not to exceed 50 square feet, for use as an attendant or teller booth and similar uses). 2 not exceed PROFFER 3. Any buildings on Proffer Area A shall 30 feet in height above the ground building pad. This nd height limitation shall not be applicable to: chimneys a smoke stacks; cooling tanks and towers; flag poles; other structures for housing elevators; HVAC equipment or including screening for such equipment; antenna equipment, c ilating fans or other transmitting or receiving devi es; vent or similar equipment required to operate and maintain any building or other improvement on Proffer Area A; or other incidental projections. PROFFER 4. Any buildings to be constructed on Proffer Area A shall be of masonry construction (including, but not limited to, split-stone masonry) and shall be constructed in substantial compliance with the store rendering entitled "Proto 110 Front Elevation" and dated July 1, 1989, a copy of which has been contemporaneously delivered to the City with this declaration. PROFFER 5. Proffer Area A shall be landscaped in a manner reasonably consistent with the landscaping of first-class commercial development in the City, such that the appearance of Proffer Area A does not detract from the appearance of the irmnediately surrounding properties. There shall be an open area fifteen (15) feet in width running along the northern lot line of Proffer Area A (the "Northern Landscaped Space") and an open area fifteen (15) feet in width along the eastern boundary of the one-hundred (100) foot drainage easement bisected by the western (rear) lot line of Proffer Area A as set forth on the Site Plan referenced in Proffer 10 below (the "Western Landscaped Space"). (The Western and Northern Landscaped Spaces are hereinafter collectively referred to as the "Landscaped Space".) The Landscaped Space shall be planted with the following plants, unless otherwise agreed in writing by the Administrator of the City's Landscape Services Division, at the following locations running along the lot lines within the Landscaped Space: a. Wax myrtles - 3 to 4 feet tall at the time of planting, no more than 4 feet apart, measured from the center of each plant; b. Potomac Crepemyrtles - 8 to 10 feet tall at the time of planting, no more than 25 feet apart, measured from the center of each plant; C. Lobolly Pines - 6 to 8 feet tall at the time of planting, a total of no less than 6 planted at various locations, in groupings. 3 No structures, parking or driveways shall be located ace except that: (i) driveways Or within the Landscaped Sp andscaped Space; and walkways may be installed across the Landscaped Space may be (ii) all or a portion of the Western L developed as a stormwater maintenance system. The Landscaped Space shall be maintained in accordance with the requirements of Category 4, of the Landscaping, Screening & Buffering Specifications and Standards of the City. PROFFER 6. Upon and after cOmPletion of the improvements on Proffer Area A, proffer Area A shall contain at least 5.5 parking spaces for every 1,000 square feet of floor area in the Primary Structure and ancillary enclosed structures. PROFFER 7. All dumpsters, trash receptacles, mechanical equipment and other facilities that are separate from the Primary Structure shall be suitably screened with fencing, or otherwise enclosed, so that such facilities are not visible from Proffer Area A or streets adjoining Proffer Area A. PROFFER 8. Electrical, mechanical, HVAC apparatus, equipment or fixture (other than lighting fixtures) located on the exterior of any building on Proffer Area A shall be screened, up to the height of such apparatus, equipment or fixture, in a manner architecturally compatible with the building and acceptable to the City. PROFFER 9. All electrical, telephone and other utility lines servicing buildings or improvements on Proffer Area A shall be underqround and shall not be exposed on the exterior of any buildings or improvements on Proffer Area A. PROFFER 10. The improvements on Proffer Area A shall be constructed in substantial conformance with that site plan entitled -Proposed Site Plan for a Department Store, Virginia Beach, Virginia,, dated February 23, 1990 by Freeland-Clinkscales & Associates (the "Site Plan") on record with the Planning Department of the City. Changes to, the Site Plan as requested by the City in writing during site plan review, building permit review and/or construction .of the improvements shall be allowed. PROFFER 11. Proifer Area A shall be used exclusively as a retail department store, including a garden shop department. PROFFER 12. Sabre Street, as shown on the Site Plan, shall be extended and improved to the eastern edge of the drainage easement on the western boundary of Proffer Area A and shall 4 I I I two lanes of vehicular have sufficient width to accommodate ate and local traffic in each direction in accordance with st standards. With respe t to PROFFER 1. Any curb cuts on Sabre Street for Proffer Area B shall be located directly across from curb cuts on Sabre Street for Proffer Area A, except as they may be adjusted by the City in connection with its site plan review procedures. PROFFER 2. All buildings and improvement5 on Proffer Area B shall be constructed and maintained in accordance with the following standards: a. Exterior walls of each building shall be finished with approved colored precast concrete brick or split-face block or other exterior wali materials used from time to time in Oceana West Industrial Park. b. All on-site electrical, telephone, and other utility lines shall be underground and shall not be exposed on the exterior of any building Or improvements. C. All electrical and mechanical apparatus, equipment, fixtures (other than lighting fixtures), conduits, ducts, flues and pipes located on the exterior of any building shall be concealed from view from streets and from buildings on sites.adjacent to Proffer Area B. PROFFER 3. No loading docks or truck entrance doors shall be constructed or located fronting on any street or proposed street. Provisions for handling all freight and shipments must be on those sides of buildings which do not face on any street or proposed street. PROFFER 4. Driveways shall be designed, installed and maintained in a clean and neat condition. The surfaces of all driveways and permanent parking areas shall be of concrete, asphalt or bituminous. PROF@ER 5. No materials, supplies, equipment, trash or refuse shall be stored on Proffer Area B except inside a building or behind a visual barrier which screens the stored matter from view from streets and adjoining sites. PROFFER 6. All structures, including but not limited to buildings, signs and fences, shall be maintained in good condition and repair. 5 PROFFER 7. A fifteen foot setback shall be established along the western boundary of Proffer Area B. Whatever portion of that setback area is not developed as a stormwater maintenance System shall be landscaped in accordance with the landscaping standards set forth for Category IV of the Landscaping, Screening and Buffering standards of the ity of virginia Beach Specifications and tions and in effect as of the date these Covenants, Restric Conditions are recorded in the Clerk's officer as defined herein. Proff PROFFER 1. All buildings and improvements on P roffer Area C shall be constructed and maintained in accordance with the following standards: a. Exterior walls of each building shall be finished with approved colored precast concrete brick or split-face block or other materials being used from time to time in Oceana West Industrial Park. b. All on-site electrical, telephone, and other utility lines sliall be underground and shall not be exposed on the exterior of any building or improvements. C. All electrical and mechanical apparatus, equipment, fixtures (other than lighting fixtures), conduits, ducts, flues and pipes located on the exterior of any building shall be concealed from view from streets and from buildings on sites adjacent to Proffer Area C. PROFFER 2. No loading docks or truck entrance doors shall be constructed or located fronting on any street or proposed street. Provisions for handling all freight and shipments must be on those sides of buildings which do not face on any street or proposed street. PROFFER 3. Driveways shall be designed, installed and niaintained in a clean and neat condition. The surfaces of all driveways and permanent parking areas shall be of concr'ete, asphalt or bituminous. PROFFER 4. No materials, supplies, equipment, trash or refuse shall be stored on Proffer Area C except inside a building or behind a visual barrier which screens the stored matter from view from streets and adjoining sites. 6 PROFFER 5. All structures, including but not limited to buildings, signs and fences, shall be maintained in good condition and repair. All references herein to the I-1 and B-2 Districts and to the requirements and regulations applicable thereto refer to the CZO of the City,in force as of the date of this instrument, which is by this reference incorporated herein. The conditions contained in this declaration shall continue in full force and effect until a subsequent Zoning Map amendment changes the zoning on the Property; provided, however, that such conditions shall continue despite a subsequent amendment, if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia ("Clerk's Office") and executed by the record owner of the Property at the time of recordation of such instrument; provided further, that such instkument must be consented to by the City in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the City, after a public hearing before the City, advertised pursuant to the provision of Code of Virginia, Section 15.1-431, as amended, which said ordinance or resolution shall be recorded along with such instrument as conclusive evidence of the City's consent. The Grantor covenants and agrees that (1) the Zoning Administrator of the City shall be vested with all necessary authority on behalf of the governing body of the City to administer and enforce the foregoing conditions, covenants and restrictions, including (i) the ordering in writing of the remedying of any non-compliance with such conditions and (ii) the bringing of legal action or suit to endure abatement, damages or other appropriate action, suit or proceeding; (2) the failure to meet all conditions contained in this declaration shall constitute cause by the City 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 made pursuant to the provisions of the City Code, the CZO, or this declaration, the Grantors shall petition to the governing body for the review thereof prior to instituting proceedings in court; (4) the Zoning Map, by an appropriate symbol on the map, may show the existence of conditions attaching to the zoning of the Property; and (5) the ordinance rezoning the Property, a copy of this declaration and this declaration may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and this declaration shall be recorded in the Clerk's Office and indexed in the name of the Grantor and the City. 7 - 36 - Item V-J.l.d. PUBLIC HEARING PLANNING ITEM # 32810 Upon motion by Counc II man Helschober, seconded by CouncII man Perry , Cl ty Counc II DEFERRED unti I the City Counc II Session of Jun e 11 , 1990, the petit Ion of B & 0 DEVELOPMENT CORPORATION for the discontinuance, closure and abandonment of a portion of 26th Street and Conditional Zoning Classifications upon application of B & 0 DEVELOPMENT CORPORATION AND MAXWELL D. SANDERS AND SUNSHINE DEVELOPMENT ASSOCIATES: Application of B & 0 Development Corporation for the discontlnuance, closure and abandonment of a portion of 26th Street beginning 130 feet more or less west of Cypress Avenue and running westerly a dlstance of 300 feet more or less. Said parcel is 60 feet In width and contains 12,753 square feet. More detailed information is available In the Department of Planning. VIRGINIA BEACH BOROUGH. A N D, ORDINANCE UPON APPLICATION OF B & 0 DEVELOPMENT CORPORATION AND MAXWELL D. SANDERS FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-5D TO A-12 Ordinance upon application of 8 & 0 Development Corporation and Maxwell D. Sanders for a Conditional Zoning Classification from R-5D Residential District to A-12 Apartment District on the north side of 26th Street, west of Cypress Avenue. Said parcel Is located at 705 26th Street and part of Lot I and contains 33,541 square feet. More detailed Information Is available in the Department of Planning. VIRGINIA BEACH BOROUGH A N D, ORDINANCE UPON APPLICATION OF SUNSHINE DEVELOPMENT ASSOCIATES FOR A CONDITONAL ZONING CLASSIFICATION FROM R-5S TO A-12 Ordinance upon application of Sunshine Development Associates for a Conditional Zoning Classification frotn R-5S Residential Single Family District to A- 12 Apartment District on the south side of 26th Street, west of Cypress Avenue. Said parcel Is located at 708 26th Street and contains 33,541 square feet. More detailed information Is available In the Department of Planning. VIRGINIA BEACH BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 37 - Item V-J.l.e. PUBLIC HEARING PLANNING ITEM # 32811 The following registered to speak in SUPPORT of the application: Attorney Frederick M. Quayle, 3808 Poplar Hill Road, Chesapeake, Phone: 483- 9136, represented the applicant. James Hunt, 1002 Riverbirch Court, Chesapeake, Phone: 436-1603 and 421-7111, Co-Owner of WFOM, and presented petitions containing 14,000 names in SUPPORT of the application. Said petitions are hereby made a part of the record. John J. Beasley, 413 Corapeake Drive, Chesapeake, Phone: 482-0035, employee of WFOM. Russell Harris, 724 Norfolk Avenue, Phone: 422-6051 Micheal Edward Rau, 2216 Maple Street, Phone: 481-2831 John E. Dewberry, 3697 Arthur Avenue, Phone: 498-7731 David A. Beasley, Phone: 431-1702 Charles E. Haden, 222 Springdale, Hampton, Phone: 825-0022. Mr. Haden did not answer the call to speak. David Campbell, 1220 Corbell Avenue, Norfolk, Phone: 461-1220 Les Shaw, 720 Winston Salem, Phone: 422-4912. Mr. Shaw did not answer the call to speak. Richard Grimes, 3307 Mackenzie Bay Lane, Phone: 468-3319 Steve Ellis, 1312 Iron Leige Run, Phone: 428-1521. Mr. Ellis did not answer the call to speak. Sara Trexler, 625 Maryland Avenue #4, Norfolk, Phone: 622-5798 George A. Ingmire, II, 1327 White Pine Court 201, Phone: 468-5467 Christopher C. Jordan, 2720 Reef Court, Phone: 422-5476 Richard E. Oiivieri, Jr., 881 Winwood Drive, Phone: 428-0123 Ben Cochran, 1001 Young Cedar Court, Phone: 474-2848 Jeff Clites, 70 Channing Avenue, Portsmouth, Phone: 485-4138 David Stedman, 8th Trans Company, Fort Story, Virginia Phone: 491-8477 Julie Phillips, 1411 Colonial Avneue, Apartment B-4, Phone: 626-3176 Robin Masser, 12656 B Nettles Drive, Newport News, Phone: 930-0334 Anna Kennedy, 117 Michaels Woods Drive, Hampton, Phone: 838-6323 Bob Conwell, 1293 Nesbitt Drive, Phone: 471-5258. Mr. Conwell did not answer the call to speak. The following registered to speak in OPPOSITION to the application Jan Eliassen, 1472 Mill Landing Road, Phone: 426-7102, represented the Back Bay/Pungo Civic League Senator Sonny Stallings, reprsented the Pungo Residents Regina E. Jones, 2028 Gum Bridge Road, Phone: 721-2514, presented petitions in OPPOSITION containing 173 signatures. Said petitions are hereby made a part of the record. Cecil E. Nichols, 1789 Gum Bridge Road, Phone; 426-6755 Cammie Halley, 1300 Shipps Cabin Road, Phone: 721-6059 Douglas Munden, 802 Arctic Avenue, Phone: 422-5630 Douglas W. Grant, 1376 Princess Anne Road, Phone: 426-2742 Edward Davenport, 2016 Gum Bridge Road, Phone: 426-2934 Charles H. Fay, Jr., 4235 Charity Neck Road, Phone: 426-7336. Mr. Foy did not answer the call to speak R. S. Poole, 1953 King William Road, Phone: 464-5918. Mr. Poole did not answer the call to speak. Attorney Gary C. Byler, 505 South Independence Boulevard, Phone: 490-8094 C. H. Byler, 505 South Independence Boulevard, Phone: 490-8094, instrument rated multi-engine pilot, served in Korea and World War IT. This station should not be located off the end of an active runway. - 38 - Item V-J.I.e. PUBLIC HEARING PLANNING ITEM # 32811 (Continued) A MOTION was made by Councilwoman Henley, seconded by Councilman Baum to DENY an Ordinance upon application of AMERICAN EAGLE COMMUNICATION OF VIRGINIA, INC., a Virginia Corporation for a Conditional Use Permit for a Communication Tower A SUBSTITUTE MOTION was made by Councilman Perry to DEFER for sixty days (60) an Ordinance upon application of AMERICAN EAGLE COMKUNICATION OF VIRGINIA, INC., a Virginia Corporation for a Conditional Use Permit for a Communication Tower. Motion lost for lack of a second. Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council DENTED an Ordinance upon application of AMERICAN EAGLE COMMUNICATION OF VIRGINIA, INC., a Virginia Corporation for a Conditional Use Permit: ORDTNANCE UPON APPLICATION OF AMERICAN EAGLE COMMUNICATION OF VIRGINIA, INC., A VIRGINIA CORPORATION, FOR A CONDTTIONAL USE PERMIT FOR A COMMUNICATTON TOWER Ordinance upon application of American Eagle Communication of Virginia, Inc., a Virginia Corporation for a Conditional Use Permit for a communication owner on the south side of Gum Bridge Road, 1000 feet more or less east of Princess Anne Road. Said parcel contains 7.88 acres. More detailed information is available in the Department of Planning. PUNGO BOROUGH. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: John L. Perry Council Members Abstaining: Mayor Meyera E. Oberndorf Council Members Absent: None Mayor Oberndorf ABSTAINED as she is a paid employee of WNTS Radio Station. Ma 14 1990 - 39 - Item V-J.I.f. PUBLIC HEARING PLANNING ITEM # 32812 Attorney Howard W. Martin, Jr., 1640 Sovran Center, represented the applicant Upon motion by Councilwoman Henley, seconded by Councilwoman Parker, City Council DEFERRED until the City Council Session of July 9, 1990, an Ordinance upon application of CONTEL CELLULAR, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATTON OF CONTEL CELLULAR, TNC. FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER AND EQUIPMENT BUILDING Ordinance upon application of Contel Cellular, Inc. for a Conditional Use Permit for a communication tower and equipment building on the south side of Indian River Road, 1500 feet more or less west of Princess Anne Road. Said parcel contains 24,350.04 square feet more or less. More detailed information is available in the Department of Planning. PUNGO BOROUGH. This DEFERRAL will enable consideration of the "Tower Policy" recommended by the Planning Commission. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 40 - Item V-J.l.f. PUBLIC HEARING PLANNING ITEM # 32813 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council DEFERRED INDEFINITELY and REFERRED BACK TO THE PLANNING COMMISSION for consideration in relation to the Comprehensive Plan, Ordinances upon application of INDIAN RIVER PLANTATION, INC. for Changes of Zoning and a Conditional Use Permit: ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-20 Ordinance upon application of Indian River Plantation, Inc. for a Change of Zoning District Classification from AG-1 Agricultural District to R-20 Residential District on the following parcels: Parcel 1: Located 700 feet more or less north of Indian River Road beginning at a point 1140 feet more or less west of West Neck Road. Parcel 2: Located 1200 feet more or less north of Indian River Road beginning at a point 9900 feet more or less west of West Neck Road. Parcel 3: Located 4000 feet more or less north of Indian River Road beginning at a point 700 feet more or less west of West Neck Road. Parcel 4: Located 1900 feet more or less north of Indian River Road beginning at a point 4800 feet more or less west of West Neck Road. Parcel 5: Located 2300 feet more or less north of Indian River Road beginning at a point 3650 feet more or less west of West Neck Road. Parcel 6: Located 1400 feet more or less north of Indian River Road beginning at a point 3700 feet more or less west of West Neck Road. Said parcel contains 101.9 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CHANGE OF ZONING DISTRICT CLASSTFTCATION FROM AG-2 TO R-20 Ordinance upon application of Indian River Plantation, Inc., for a Change of Zoning District Classification from AG-2 Agricultural District to R-20 Residential District on the following parcels: Parcel 1: Located 700 feet more or less north of Indian @iver Road beginning at a point 1140 feet more or less west of West Neck Road. Parcel 2: Located 3340 feet more or less north of Indian River Road beginning at a point 1800 feet more or less west of West Neck Road. Parcel 3: Located 3480 feet more or less north of Indian River Road beginning at a point 240 feet more or less west of West Neck Road. Said parcels contain 14.6 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. Ma 14 1 0 - 41 - Item V-J.l.f. PUBLIC HEARING PLANNING ITEM # 32813 (Continued) A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FOR AC-1 TO R-15 Ordinance upon application of Indian River Plantation, Inc. for a Change of Zoning District Classification from AG-1 Agricultural District to R-15 Residential District on the following parcels: Parcel 1: Located 660 feet more or less north of Indian River Road beginning at a point 740 feet more or less west of West Neck Road. Parcel 2: Located 1360 feet more or less north of Indian River Road beginning at a point 3850 feet more or less west of West Neck Road. Parcel 3: Located 1920 feet more or less north of Indian River Road beginning at a point 5540 feet more or less west of West Neck Road. Said parcels contains 82.1 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-15 Ordinance upon application of Indian River Plantation, Inc. for a Change of Zoning District Classification from AC-2 Agricultural District to R-15 Residential District on the following parcels. Parcel 1: Located on the west side of West Neck Road beginning at a point 4440 feet more or less north of Indian River Road. Parcel 2: Located 300 feet more or less north of Indian River Road beginning at a point 640 feet more or less west of West Neck Road. Said parcels contains 22.8 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, - 42 - Item V-J.I.f. PUBLIC HEARING PLANNING ITEM # 32813 (Continued) ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO R-10 Ordinance upon application of Indian River Plantation, Inc. for a Change of Zoning District Classification from AG-1 Agricultural District to R-10 Residential District on the following parcels: Parcel 1: Located 720 feet more or less north of Indian River Road beginning at a point 4600 feet more or less west of West Neck Road. Parcel 2: Located 700 feet more or less north of Indian River Road beginning at a point 4200 feet more or less west of West Neck Road. Parcel 3: Located 640 feet more or less north of Indian River Road beginning at a point 3040 feet more or less west of West Neck Road. Parcel 4: Located 840 feet more or less north of Indian River Road beginning at a point 640 feet more or less west of West Neck Road. Said parcels contain 56.1 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-10 Ordinance upon application of Indian River Plantation, Inc. for a Change of Zoning District Classification from AG-2 Agricultural District to R-10 Residential District on the following parcels: Parcel 1: Located on the north side of Indian River Road beginning at a point 5800 feet more or less west of West Neck Road. Parcel 2: Located on the north side of Indian River Road beginning at a point 5200 feet more or less west of West Neck Road. Parcel 3: Located on the north side of Indian River Road beginning at a point 2920 feet more or less west of West Neck Road. Parcel 4: Located on the west side of West Neck Road beginning at a point 800 feet more or less north of Indian River Road. Parcel 5: Located 2940 feet northwest of the intersection of Indian River Road and West Neck Road. Said parcels contains 52.9 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, - 43 - Item V-J.I.f. PUBLIC HEARING PLANNING ITEM # 32813 (Continued) ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, TNC. FOR A CONDITTONAL USE PERMIT FOR A RECREATIONAL FACILITY FOR AN OUTDOOR NATURE (GOLF COURSE) Ordinance upon application of Indian River Plantation, Inc. for a Conditional Use Permit for a recreational facility of an outdoor nature (golf course) on certain parcels located at the northwest intersection of Indian River Road and West Neck Road. Said parcels contain 203.6 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. FOR A CONDITIONAL USE PERMTT FOR A RETIREMENT CENTER Ordinance upon application of Indian River Plantation, Inc. for a Conditional Use Permit for a retirement center on certain property located on the north side of Indian River Road beginning at a point 5800 feet more or less west of West Neck Road. Said parcel contains 40.3 acres. More detailed information is available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None This item was BROUGHT FORWARD prior to the PRESENTATION by the LABOR DAY COMMUNITY COORDINATION COMMITTEE. Ma 14 1 - 44 - ITEM V-K. 1 CONSENT AGENDA ITEM # 32814 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council ADOPTED: Ordinances granting FRANCHISE permits: Sea Oaks Corporation open air/boardwalk cafe t/a Sea Gull Motel 2613 Atlantic Avenue Virginia Beach Fishing fishing pier/restaurant/ Pier, Inc. and Virginia Beach assorted retail businesses Amusement Company 15th Street/Oceanfront Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Ma 14 1 0 1 AN ORDINANCE GRANTING A FRANCHISE TO 2 SEA OAKS CORPORATION ("GRANTEE") TO 3 OPERATE AN OPEN AIR/BOARDWALK CAFE, 4 SUBJECT TO THE CONDITIONS CONTAINED 5 AND/OR REFERENCED HEREIN, AND 6 AUTHORIZING AND DIRECTING THE CITY 7 MANAGER TO ENTER INTO A FRANCHISE 8 AGREEMENT WITH THE GRANTEE 9 WHEREAS, the City has adopted regulations for the 10 operation of open air cafes on public property along the boardwalk 11 and on stub street parks; 12 WHEREAS, Sea Oaks Corporation (t/a Sea Gull Motel) has 13 submitted an application for the operation of an open air/board- 14 walk cafe and has paid the application fee; 15 WHEREAS, the representations made in the application 16 comply with the aforementioned regulations; 17 WHEREAS, City Council has been advised by the office of 18 the City Manager that the proposed cafe would have no detrimental 19 effects on the public health, safety, welfare, or interest. 20 NOW, THEREFORE, be it ordained by the Council of the 21 City of Virginia Beach, virginia: 22 That a franchise is hereby granted to Sea Oaks 23 Corporation to operate an open air/boardwalk cafe at 2613 Atlantic 24 Avenue, Virginia Beach, Virginia 23451, from June 1, 1990 to May 25 31, 1991, conditioned on provision by the Grantee and acceptance 26 by the City of an approved final site plan, liability insurance 27 coverage, a security bond, the applicable franchise fee, and on 28 such other conditions as are required by the regulations and the 29 Franchise Agreement; and 30 That the City Manager is hereby authorized and directed 31 to enter into a Franchise Agreement with the Grantee subject to 32 the aforementioned conditions. 33 Adopted by the Council of the City of Virginia Beach, 34 virginia, on the 14 day of May 1990. 35 RMB/sam 36 seaoaks.ord 37 05/08/90 38 CA-90-3741 1 AN ORDINANCE GRANTING A FRANCHISE TO VIRGINIA 2 BEACH FISHING PIER, INC. AND VIRGINIA BEACH 3 AMUSEMENT COMPANY TO OPERATE A FISHING PIER, 4 RESTAURANT AND ASSORTED RETAIL BUSINESSES AT 5 15TH STREET ON THE OCEANFRONT. 6 WHEREAS, by ordinance adopted on May 11, 1987, the City 7 Council granted a franchise "to Virginia Beach Fishing Pier, Inc. 8 and Virginia Beach Amusement Company (Franchisees] to operate a 9 fishing pier, restaurant and assorted retail businesses at 15th 10 Street on the oceanfront for a term of three (3) years, commencing 11 on May 14, 1987, and ending on May 13, 1990 .... " ; 12 WHEREAS, said ordinance further authorized the City Manager 13 to enter into a Franchise Agreement with the Franchisees "the terms 14 and conditions of which shall be strictly adhered to as a condition 15 of the continued existence of the Franchise granted herein;" 16 WHEREAS, said Agreement was entered into by and between the 17 City of Virginia Beach (City) and Franchisees on June 6, 1987; 18 WHEREAS, both the Franchise and the Agreement expired at 19 midnight on May 13, 1990; 20 WHEREAS, the Agreement entered into on June 6, 1987, gave the 21 City the right to conduct a designated number of fireworks displays 22 from the pier from May through September during each year of the 23 Franchise; 24 WHEREAS, the precise number and dates of said fireworks 25 displays were negotiated from year to year; 26 WHEREAS, in anticipation of the expiration of the Franchise, 27 the City and Franchisees entered into negotiations with respect to 28 renewal of the Franchise; 29 WHEREAS, the City and Franchisees have reached final agreement 30 with respect to the number and dates of fireworks displays for the 31 1990 summer season; 32 WHEREAS, the City and Franchisees, although exercising due 33 diligence, have been unable to reach final agreement with respect 34 to the remaining terms and conditions of a new franchise, and, 35 therefore, City Staff is not in a position, as of the expiration 3 6 date of the Franchise, to make a recommendation to the Council 37 regarding a long-term renewal of the Franchise; 38 WHEREAS, the City and Franchisees are continuing to engage in 39 good faith negotiations, and are confident that an agreement can 40 be reached, and a recommendation can be brought before the Council, 41 within the next few months; 42 WHEREAS, City Staff has recommended the grant of a franchise 43 for a period of approximately four (4) months in order to allow 44 negotiations to continue, and to accommodate the fireworks display 45 schedule upon which the City and Franchisees have already agreed; 46 NOW, THEREFORE, be it resolved by the Council of the City of 47 Virginia Beach, Virginia: 48 That a franchise is hereby granted to Virginia Beach Fishing 49 Pier, Inc. and Virginia Beach Amusement Company until September 30, 50 1990, conditioned upon compliance, by Franchisees, with the terms 51 and conditions of the Franchise Agreement entered into by and 52 between the City and Franchisees on June 6, 1987, and on payment, 53 by Franchisees, of a pro rata portion of the franchise fee required 54 by said agreement. 55 Adopted by the Council of the City of virginia Beach, 56 Virginia, on the 14 day of May 1990. 57 RMB/sam 58 pier.ord 59 05/10/90 CA-3749 APP NTENTS DEPARTMENT APPROVE@ TO LEGAL TITY ATTORNEY 2 - 45 - ITEM V-K.2 CONSENT AGENDA ITEM # 32814 Upon mot I on by V i ce Mayor Fen tress, secon ded by Counc I I man He I schober, C I ty Council ADOPTED: Ordinances appointing viewers In the petitions of Columbus Center Associates (BAYSIDE BOROUGH): For the closure of a portion of Cleveland Street at the intersection of Garrett Drive; For the closure of a portion of Cleveland Street at the intersection of independence Boulevard; For the closure of a portion of Potomac Street at the intersection of independence Boulevard; For the closure of a portion of Columbus Street at the Intersection of Constitution Drive. The viewers were Instructed to review the Central Business Distrfct Master Plan before making their recommendations. Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss, Nancy K. Parker and Mayor Meyera E. Oberndorf Council Members Absent: None Notification of City Councills action will be forwarded to the Chairman of the Central Business District Commission. PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, virginia, to be held on the 14th day of May, 1990, at 2:00 p.m., at the City Hall of the City of Virginia Beach, Virginia, the undersigned will petition the Council for the appointment of viewers to view the below- described portion of the certain street and report to the City Council whether in the opinion of the viewers, what, if any, inconvenience would result from the vacating, closing, and discontinuance of same, the said portion of said street being described as follows: Cleveland street beginning at a point situated on the northeast corner of the intersection of Garrett Drive and Cleveland Street; thence, along the northern boundary of Cleveland Street S82'4813"E 500.001 to a point; thence, S7'10147"W 50.00, to a point; thence, along the southern boundary of Cleveland Street N82'4813"W 500.601 to a point on the southeast corner of the intersection between Garrett Drive and Cleveland Street; thence, N7'52114"E 50.001 to the Point of Beginning. All of the above, as shown upon that certain exhibit entitled "EXHIBIT SHOWING PORTION OF CLEVELAND STREET TO BE CLOSED", made by Talbot & ASsociates, Ltd., dated March 6, 1990. After the report of the viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of Clevel and Street, in the City of virginia Beach, virginia, described above. COLUMBUS CENTER ASSOCIATES BY: Samuel M. Kroll, Esq. Clark & stant, P.c. 900 One Columbus Center Virginia Beach, VA 23462 (804) 499-8800 2 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS CLEVELAND STREET, AS SHOWN UPON THAT CERTAIN EXHIBIT ENTITLED "EXHIBIT SHOWING PORTION OF CLEVELAND STREET TO BE CLOSED", WHICH EXHIBIT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA The Petitioner, Columbus Center ASsociates, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: Cleveland Street beginning at a point situated on the northeast corner of the intersection of Garrett Drive and Cleveland Street; thence, along the northern boundary of Cleveland Street S8214813"E 500.001 to a point; thence, S7'10'47"W 50.001 to a point; thence, along the southern boundary of Cleveland Street N8214813"W 500.601 to a point on the southeast corner of the intersection between Garrett Drive and Cleveland Street; thence, N7'52114"E 50.00, to the Point of Beginning, Said parcel of land being a portion of Cleveland street, as indicated on that certain exhibit entitled "EXHIBIT SHOWING PORTION OF CLEVELAND STREET TO BE CLOSED", which exhibit is attached hereto and made a part hereof. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council as to whether in the opinion of said viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the 25th day of April, 1990, and on the 2nd day of May, 1990, notice of the presenting of this application was published in the virginia Beach Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to the affected portion of the platted street are the Petitioner, Columbus Center ASsociates; and Harry E. Trower and Shirley T. Kadlec, 132 Garrett Drive, Virginia Beach, virginia 2 34 6 2 . COLUMBUS CE ES By: COUNSEL Samuel M. Kroll Esquire CLARK & STANT, P.C. One Columbus Center 900 Sovran Bank Building Virginia Beach, Virginia 23462 (804) 499-8800 2 AFFIDAVIT COMMONWEALTH OF VIRGINIA AT LARGE I, Samuel M. Kroll, attorney for Columbus Center Asso- ciates, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent Columbus Center Associates. 2. That on the 25th day of April, 1990, and on the 2nd day of May, 1990, notice of the presenting of the application to close a portion of that certain street known as Cleveland Street on behalf of Columbus Center Associates was published in the Virginia Beach Beacon, a newspaper of general circulation in the City of Virginia Beach, virginia. And further the deponent saith not. @el M. Kroll Subscribed and sworn to before me this day of 1990. Notary Public My Commission Expires: )2-31-q3 C@K E5 STANT, P. C. P-OBEP,T C. E. LANEY- DA'nD H. ADAMS ATTOP-NEY5 AND COUNSELOR.S AT LAW P-OBERT M. P-EED JO A14N SLAIP- LAWRE14CE H. BRYANT 900 5@@N BANK BUILD.NG LEO P. ROCEPS MICHELLE P. BUPICHETT KOBERT L. @UEL, JP,- STEPHEN W. BURKE ONE COLUMBUS CENTER C:. GPIGSBY SCIFPIES F-ENEE G. CHANDLER VIPGINIA BEACH, VIRGINIA 23462 THOMAS E. SNYDElt DOIJALD H. CLARK FPEDEPICK T. STANT, III CLIFFOP,D A. COPPOLA CAROL E. SUMMERS P,OBERT 1. EVELEIGH TELEPHONE: (NM) .90-8800 5TEPHEN C. SWA114 THOMAS R. FRANTZ TEUCOPIER: (8U) @3-0395 5TEPHEI-J G. TEST 5. GEOFFREY CLICK DIRE@ DIAL NUMBE@ A-. DOI,INA 1. HALL FREDEPJCK T. STANT, JR. MICHAEL B. HAMAR 01 CO-.L EP,]C A. HAUSER THO@ B. KELLY SAMUEL M. KROLL CERTIFICATE OF VESTING OF TITLE U@ I.LE U@E@ I, Samuel M. Kroll, attorney for Columbus Center ASSO- ciates, do hereby certify that: 1. I am an attorney at law and represent Columbus Center Associates, the Petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, virginia, then title to said property will vest in Columbus Center Associates, the holder of the underlying fee in the pro- perty. The said property referred to herein is hereby described as follows: Cleveland Street beginning at a point situated on the northeast corner of the intersection of Garrett Drive and Cleveland Street; thence, along the northern boundary of Cleveland Street S82'4813"E 500.001 to a point; thence, S7'10'47"W 50.001 to a point; thence, along the southern boundary of Cleveland Street N82'4813"W 500.601 to a point on the southeast corner of the intersection between Garrett Drive and Cleveland Street; thence, N7'52114"E 50.001 to the Point of Beginning. CL P.C. By 011 ORDINANCE APPOINTING VIEWERS WHEREAS, COLUMBUS CENTER ASSOCIATES has given proper notice, in accordance with the statutes for such cases made and provided, that it will, on the 14th day of May, 1990, apply to the City Council of the City of Virginia Beach, Virginia for the appointment of viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance of the hereinafter described portion of that cer- tain street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott, C. Oral Lambert, Jr. and David Grochnial are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, what inconvenience, if any, would result in the discontinuing and vacating of a portion of that certain street located in the City of virginia Beach, Virginia, and more par- ticularly described as follows: Cleveland Street beginning at a point situated on the northeast corner of the intersection of Garrett Drive and Cleveland Street; thence, along the northern boundary of Cleveland Street S8214813"E 500.001 to a point; thence, S7'10'47"W 50.00' to a point; thence, along the southern boundary of Cleveland Street N82'48'3"W 500.60' to a point on the southeast corner of the intersection between Garrett Drive and Cleveland Street; thence, N7'52,14.,E 50.001 to the Point of Beginning. All the above as shown upon that certain exhibit entitled "EXHIBTT SHOWING PORTION OF CLEVELAND STREET TO BE CLOSED", which exhibit is attached hereto and made a part hereof. ADOPTED: My 14, 1990 2 ORDINANCE NO. IN THE MATTER OF CLOSING, VACHTING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS CLEVELAND STREET, LOCATED IN THE BAYSIDE BOROUGH, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PORTION OF CLEVELAND STREET TO BE CLOSED", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK AT PAGE WHEREAS, it appearing by affidavit that proper notice has been given by Columbus Center Associates that it would make application to the Council of the City of virginia Beach, Virgi- nia, on may 14, 1990 to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgement of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discon- tinued, closed and vacated: Cleveland Street beginning at a point situated on the northeast corner of the intersection of Garrett Drive and Cleveland Street; thence, along the northern boundary of Cleveland GPIN NO.: Street S82'48'3"E 500-00' to a point; thence, S7'10'47"W 50.001 to a point; thence, along the southern boundary of Cleveland Street N82'4813"W 500.601 to a point on the southeast corner of the intersection between Garrett Drive and Cleveland Street; thence, N7'52114"E 50.001 to the Point of Beginning, Said parcel of land being a portion of Cleveland Street, as indicated on that certain plat of property to be vacated along existing Cleveland Street for Columbus Center Associates, which plat, entitled "PLAT SHOWING PORTION OF CLEVELAND STREET TO BE CLOSED", is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book _, at Page and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. ADOPTL-D- 2 Cleveland Street beginning at a point situated on the northeast corner of the intersection of Garrett Drive and Cleveland Street; thence, along the northern boundary of Cleveland Street S82'4813"E 500.001 to a point; thence, S7'10'47"W 50.00, to a point; thence, along the southern boundary of Cleveland Street N82'48'3"W 500.601 to a point on the southeast corner of the intersection between Garrett Drive and Cleveland Street; thence, N7'52114"E 50.00, to the Point of Beginning. GARRETT DRIVE (50- R/W) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---- -- - ------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 0 - - - - - - - - - - - - - - F- - - - - - - - - 2! P 2 > State of Virginia to-@it: AFFIDAVIT City of Norfolk Sharon White personally This day appeared before me and after being duly sworn made oc3th that: (1) (He) (She) is affidavit Ierk of a newspaper published by 'Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach, State of Virginia; bereto annexed of (2) Thct the advertisement has been published n @.,d newspaper on t!te following dates: 4 2@LS 2 19 9 0 Subscribed and sworn to before me in my city and state of(;reIsaid this 19 day of My comrnission expires My Commission Expires May 29,91 Notary Public PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 14th day of May, 1990, at 2:00 p.m., at the City Hall of the City of Virginia Beach, Virginia, the undersigned will petition the Council for the appointment of viewers to view the below- described portion of the certain street and report to the City Council whether in the opinion of the viewers, what, if any, inconvenience would result from the vacating, closing, and discontinuance of same, the said portion of said street being described as follows: Cleveland Street beginning at a point situated on the northeast corner of the intersection of Independence ]3oulevard and Cleveland Street; thence, along the northern boundary of Cleve- land street S82'4813"E 483.951 to a point on the northwest corner of the intersection of Cleveland Street and Garrett Drive; thence, along the western boundary of Garrett Drive S7*56'8"W 501 to a point on the southwestern intersection of Garrett Drive and Cleveland Street; thence, along the southern boundary of Cleveland Street N82'4813"W 483.291 to a point on the southeastern corner of the intersection of Independence Boulevard and Cleveland Street; thence, along the eastern boundary of Independence Boulevard N7'10147"E 501 to the Point of Beginning. All of the above, as shown upon that certain exhibit entitled "EXHIBIT SHOWING PORTION OF CLEVELAND STREET TO BE CLOSED", made by Talbot & Associates, Ltd., dated March 6, 1990. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the city Council to vacate, close and discontinue that portion of Cleveland Street, in the City of Virginia Beach, virginia, described above. COLUMBUS CENTER ASSOCIATES BY: Of CQunsel Samuel M. Kroll, Esq- Clark & Stant, P.C- 900 one Columbus Center Virginia Beach, VA 23462 (804) 499-8800 2 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS CLEVELAND STREET, AS SHOWN UPON THAT CERTAIN EXHIBIT ENTITLED "EXHIBIT SHOWING PORTION OF CLEVELAND STREET TO BE CLOSED", WHICH EXHIBIT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA The Petitioner, Columbus Center Associates, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the igso code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: Cleveland Street beginning at a point situated on the northeast corner of the intersection of Independence Boulevard and Cleveland Street; thence, along the northern boundary of Cleve- land Street S82148-3"E 483.951 to a point on the northwest corner of the intersection of Cleveland Street and Garrett Drive; thence, along the western boundary of Garrett Drive S7*5618',W 501 to a point on the southwestern intersection of Garrett Drive and Cleveland Street; thence, along the southern boundary of Cleveland Street N82'4813"W 483.291 to a point on the southeastern corner of the intersection of Independence Boulevard and Cleveland Street; thence, along the eastern boundary of Independence Boulevard N7'10147"E 501 to the Point of Beginning. Said parcel of land being a portion of Cleveland Street, as indicated on that certain exhibit entitled "EXHIBIT SHOWING PORTION OF CLEVELAND STREET TO BE CLOSED", which exhibit is attached hereto and made a part hereof. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council as to whether in the opinion of said viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the 25th day of April, 1990, and on the 2nd day of May, 1990, notice of the presenting of this application was published in the Virginia Beach Beacon, a newspaper of general circulation in the City of virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to the affected portion of the platted street are the Petitioner, Columbus Center Associates; Anthony and Irene Galiotas, 1585 Bay Point Drive, Virginia Beach, Virginia 23454; 2 tip. and Arthur H. Gordon and Daralyn G. Arata, 5714 Oceanfront, Virginia Beach, Virginia 23451. COLUMBUS CENTER ASSOCIATES By OP,,COUNSEL Samuel M. Kroll Esquire CLARK & STANT, P.C. One Columbus Center 900 Sovran Bank Building Virginia Beach, Virginia 23462 (804) 499-8800 3 AFFIDAVIT COMMONWEALTH OF VIRGINIA AT LARGE I, Samuel M. Kroll, attorney for Columbus Center Asso- ciates, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent Columbus Center Associates. 2. That on the 25th day of April, 1990, and on the 2nd day of May, 1990, notice of the presenting of the application to close a portion of that certain street known as Cleveland Street on behalf of Columbus Center ASsociates was published in the virginia Beach Beacon, a newspaper of general circulation in the City of Virginia Beach, virginia. And further the deponent saith not. er-t,i. K@ll Subscribed and sworn to before me this )Sbh day of 1990. Notary Public 0 My Commission Expires:) :2-31-q3 CLARK 8 STANT, P. C. DAVID H. ADAMS ROBERT C. E. LANEY* 10 AWN BLAIP- ATTORNEY5 AND COUN5ELORS AT LAW P.OBEP.T M. REED LAWRF.NCE H. BRYANT 900 S@RAN BANK BUILDING LEO P. FLOGERS MICHELLE P. BUPCHETT POBERT L. SAMUEL,)P,. STEPHEN W. BUPKE O.E COLUMBUS CE@R C. CRIGSBY SCIFFUS P-ENEE C. CHANDLER VIRGINIA BEACH, VIRC[NIA 23462 THOMAS E. SNYDER DONALD H. CLARK FP-EDEP-ICK T. STANT, M CLIFFOP,D A. COPPOLA C:AROL E. SUMMERS ROBEP-T 1. EVELEICH TELEPHONE: (804) 499-8800 STEPHEN C. 5WAIN THOMAS P,. FRANTZ @UCOPIER: (S@) 473-0395 5TEPHEN G.TEST S. GEOFFREY GLICK DIRECR D"L NUMBER A- DONNA J. HALL MICHAEL B. @ FREDEIUCK T. SRAW, JR. ERIC A. HAUSEP, CERTIFICATE OF VESTING OF TITLE 'rHOMAS B. KELLY SAMUEL M. KFLOLL U-.@ I, Samuel M. Kroll, attorney for Columbus Center Asso- ciates, do hereby certify that: 1. I am an attorney at law and represent Columbus Center ASsociates, the Petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of virginia Beach, Virginia, then title to said property will vest in Columbus Center Associates, the holder of the underlying fee in the pro- perty. The said property referred to herein is hereby described as follows: Cleveland Street beginning at.a point situated on the northeast corner of the intersection of Independence Boulevard and Cleveland Street; thence, along the northern boundary of Cleve- land Street S82'4813"E 483.951 to a point on the northwest corner of the intersection of Cleveland Street and Garrett Drive; thence, along the western boundary of Garrett Drive S7'5618"W 501 to a point on the southwestern intersection of Garrett Drive and Cleveland Street; thence, along the southern boundary of Cleveland Street N82'4813"W 483.291 to a point on the southeastern corner of the intersection of Independence Boulevard and Cleveland Street; thence, along the eastern boundary of Independence Boulevard N7'10147"E 501 to the Point of Beginning. CLARK & STANT, P.C. By: @el M. Kroll ORDINANCE APPOINTING VIEWERS WHEREAS, COLUMBUS CENTER ASSOCIATES has given proper notice, in accordance with the statutes for such cases made and provided, that it will, on the 14th day of May, 1990, apply to the City Council of the City of Virginia Beach, Virginia for the appointment of Viewers to view the below-aescribed property and report in writing to the Council whether, in the opinion of said viewers, what inconvenience, if any, would result from the discontinuance of the hereinafter described portion of that cer- tain street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of virginia Beach, virginia: THAT Robert J. Scott, C. Oral Lambert, Or. and David Grochmal are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, what inconvenience, if any, would result in the discontinuing and vacating of a portion of that certain street located in the City of Virginia Beach, virginia, and more par- ticularly described as follows: Cleveland Street beginning at a point situated on the northeast corner of the intersection of Independence Boulevard and Cleveland Street; thence, along the northern boundary of Cleve- land Street S82*4813"E 483.951 to a point on the northwest corner of the intersection of Cleveland Street and Garrett Drive; thence, along the western boundary of Garrett Drive S7'5618"W 501 to a point on the southwestern intersection of Garrett Drive and Cleveland Street; thence, along the southern boundary of Cleveland Street N8214813"W 483.291 to a point on the southeastern corner of the intersection of independence Boulevard and Cleveland Street; thence, along the eastern boundary of Independence Boulevard N7'10'47"E 501 to the Point of Beginning. All the above as shown upon that certain exhibit entitled "EXHIBIT SHOWING PORTION OF CLEVELAND STREET TO BE CLOSED", which exhibit is attached hereto and made a part hereof. ADOP-IED: May 14, 1990 2 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS CLEVELAND STREET, LOCATED IN THE BAYSIDE BOROUGH, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLKT ENTITLED "PLAT SHOWING PORTION OF CLEVELAND STREET TO BE CLOSED", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK AT PAGE WHEREAS, it appearing by affidavit that proper notice has been given by Columbus Center Associates that it would make application to the Council of the City of Virginia Beach, virgi- nia, on May 14, 1990 to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgement of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, virginia, that the hereinafter described street be discon- tinued, closed and vacated: Cleveland Street beginning at a point situated on the northeast corner of the intersection of Independence Boulevard and Cleveland Street; thence, along the northern boundary of Cleve- GPIN NO.: land Street S82*4813"E 483.951 to a point on the northwest corner of the intersection of Cleveland Street and Garrett Drive; thence, along the western boundary of Garrett Drive S7'5618"W 501 to a point on the southwestern intersection of Garrett Drive and Cleveland Street; thence, along the southern boundary of Cleveland Street N8214813"W 483.291 to a point on the southeastern corner of the intersection of Independence Boulevard and Cleveland Street; thence, along the eastern boundary of Independence Boulevard N7'10147"E 501 to the Point of Beginning. Said parcel of land being a portion of Cleveland Street, as indicated on that certain plat of property to be vacated along existing Cleveland Street for Columbus Center Associates, which plat, entitled "PLAT SHOWING PORTION OF CLEVELAND STREET TO BE CLOSED", is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, virginia in Map Book _, at Page and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach-, indexed in the name of the City of Virginia Beach, as grantor. ADOPTED: 2 Cleveland Street beginning at a point situated on the northeast corner of the intersection of Independence Boulevard and Cleveland Street; thence, along the northern boundary of Cleve- land Street S82*48-3-'E 483.951 to a point on the northwest corner of the intersection of cleveland Street and Garrett Drive; thence, along the western boundary of Garrett Drive S7'5618"W 50' to a point on the southwestern intersection of Garrett Drive and Cleveland Street; thence, along the southern boundary of Cleveland Street N82-4813"W,483.291 to a point on the southeastern corner of the intersection of Independence Boulevard and Cleveland street; thence, along the eastern boundary of Independence Boulevard N7'10147"E 501 to the Point of Beginning. INDEPENDENCE BOULEVARD (VARIABLE R/W) I Orl .'17'E 50.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 0 r- - - - - - - - m m- - - - - - - r, > m rli - - - - - - - - - - - - - rn - - - - - - - - - - - - - - > - - - - - - - - - - - - 50.00 En S 07-56'08' m GARRETT DRIVE (50' R/W) OD tn :n 0 ;;D 0 Cil ; 7 i, .@ . , -; I I I I - I tate of Virginia s AFFIDAVIT City of Norfolk This day Sharon White personally appeared before me and after being duly sworn made oath that: (1) (He) (She) is affidavit Ierk of Virginian-Pilot/Ledger-Star o newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach, State of Virginia; (2) That the advertisement hereto annexed of - has been published in said newspaper on t!ie following dates: 4/25 LS, 5/2 LS, Beacon 19 90 Affiant Subscribed and sworn to before me in my city and state aforesaid this -7@li. day of 19 My commission expires Commission Expires May 2@J991L Notary Public t,1,4 co 10 Ed rn i co COLUMBUS CENMR ASSOCIATES ClOsure of Potormc Street Cleveland Street Colurrbus Street Bayside Borough PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, virginia, to be held on the 14th day of May, 1990, at 2:00 p.m., at the City Hall of the City of Virginia Beach, Virginia, the undersigned will petition the Council for the appointment of Viewers to view the below- described portion of the certain street and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing, and discontinuance of same, the said portion of said street being described as follows: Potomac Street beginning at a point situated on the northeast corner of the intersection of Ihdependence Boulevard and Potomac Street; thence, along the northern boundary of Potomac Street S8214813"E 476.561 to a point on the northwest corner of the intersection of Poto- mac Street and Garrett Drive; thence, along the western boundary of Garrett Drive S7'10147"W 501 to a point on the southwestern intersection of Garrett Drive and Potomac Street; thence, along the southern boundary of Potomac Street N8214813"W 478.021 to a point on the southeastern corner of the intersection of Independence Blvd. and Potomac Street; thence, along the eastern boundary of Indepen- dence Blvd. N8'51110"E 50.021 to the Point of Beginning. All of the above, as shown upon that certain exhibit entitled "EXHIBIT SHOWING PORTION OF POTOMAC STREET TO BE CLOSED", made by Talbot & Associates, Ltd., dated March 6, 1990. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of Potomac street, in the City of Virginia Beach, virginia, described above. COLUMBUS CENTERASSOCIATES By Samuel M. Kroll, ESq. Clark & Stant, P.C- 900 one Columbus Center Virginia Beach, VA 23462 (804) 499-8800 2 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS POTOMAC STREET, AS SHOWN UPON THAT CERTAIN EXHIBIT ENTITLED "EXHIBIT SHOWING PORTION OF POTOMAC STREET TO BE CLOSED", WHICH EXHIBIT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA The Petitioner, Columbus Center ASsociates, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: Potomac Street beginning at a point situated on the northeast corner of the intersection of Independence Boulevard and Potomac Street; thence, along the northern boundary of Potomac Street S82'48'3"E 476.561 to a point on the northwest corner of the intersection of Poto- mac Street and Garrett Drive; thence, along the western boundary of Garrett Drive S7'10147"W 501 to a point on the southwestern intersection of Garrett Drive and Potomac Street; thence, along the southern boundary of Potomac Street N8214813"W 478.021 to a point an the southeastern corner of the intersection of Independence Blvd. and Potomac Street; thence, along the eastern boundary of Indepen- dence Blvd. N8'51110"E 50.021 to the Point of Beginning. Said parcel of land being a portion of Potomac Street, as indicated on that certain exhibit entitled "EXHIBIT SHOWING PORTION OF POTOMAC STREET TO BE CLOSED", which exhibit is attached hereto and made a part hereof. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the 25th day of April, 1990, and on the 2nd day of May, 1990, notice of the presenting of this application was published in the virginia Beach Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to the affected portion of the platted street are the Petitioner, Columbus Center Associates; Pembroke Investment Cor- poration, 1932 Horseshoe Bend, virginia Beach, Virginia 23455, Commonwealth Building Company, Virginian-Pilot/Ledger Star, c/o Controller, 150 West Brambleton Avenue, Norfolk, Virginia 23510; 2 and Anthony and Irene Galiotas, 1585 Bay Point Drive, Virginia Beach, Virginia 23454. COLUMBUS CENTER ASSOCIATES By: @ or-colt EL Samuel M. Kroll Esquire CLARK & STANT, P.C. One Columbus Center 900 Sovran Bank Building Virginia Beach, Virginia 23462 (804) 499-8800 3 AFFIDAVIT COMMONWEALTH OF VIRGINIA AT LARGE I, Samuel M. Kroll, attorney for Columbus Center ASSO- ciates, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent Columbus Center ASsociates. 2. That on the 25th day of April, 1990, and on the 2nd day of May, 1990, notice of the presenting of the application to close a portion of that certain street known as Potomac Street on behalf of Columbus Center ASsociates was published in the Virginia Beach Beacon, a newspaper of general circulation in the City of virginia Beach, Virginia. And further the deponent saith not. @el'M.@Kroll Subscribed and sworn to before me this day of 1990. Notary Publi My Commission Expires: C@K 8 STANT, P. C. DAVID H. ADAMS P-OBEP.T C. E. LANEY. 10 ANN BLAIR ATTORNEY5 AND COUN5ELORS AF LAW ROBERT M. REED LAWRENCE H. BRYANT 900 5@@N M.K BUILDI.G LEO P. POGEP,5 MICHFLLE P. BUPCHET-R ROBEPT L. 5AMUEL, JR. 5TEPHEN W. BUPKE ON. COLUMBU5 CENTER C. GPIIGSBY 5CIFRES RENEE G. CHANDLER VIRGINIA BEACH, VIFLGINLA 23462 THOMA5 E. SNYDEFL DONALD H. CLAR.K FR.EDERICK T. 5TANT, M CLIFFOKD A. COPPOLA CAPOL E. 5UMMERS ROBEF-T 1. EVELEIGH @UPHONE: 499-880. STEPHEN C. SWAIN T'HOMAS R. FRANTZ TEUCOPIER: (8") @3-0395 STEPHEN G. TEST 5. GEOFFPEY GLICK D@@ D@L NUMBE. A- -M-. DONNA J. HALL MIC@L B. @R FREDEPICK T. STANT,)IL EP.IC A. HAUSER CERTIFICATE OF VESTING OF TITLE .1 ..-IEL THOMAS B. KELLY SAMUEL M. KROLL U@ FILE NU@ER I, Samuel M. Kroll, attorney for Columbus Center Asso- ciates, do hereby certify that: 1. I am an attorney at law and represent Columbus Center Associates, the Petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of virginia Beach, Virginia, then title to said property will vest in Columbus Center Associates, the holder of the underlying fee in the pro- perty. The said property referred to herein is hereby described as follows: Beginning at a point situated on the northeast corner of the intersection of Independence Boulevard and Potomac Street; thence, along the northern boundary of Potomac Street S82'4813"E 476.561 to a point on the northwest corner of the intersection of Potomac Street and Garrett Drive; thence, along the western boundary of Garrett Drive S7'10147"W 501 to a point on the southwestern intersection of Garrett Drive and Potomac Street; thence, along the southern boundary of Potomac Street N82'4813"W 478.021 to a point on the southeastern corner of the intersection of Independence Blvd. and Potomac Street; thence, along the eastern boundary of Independence Blvd. N8'51110"E 50.021 to the Point of Beginning. CLARK & S C. B ORDINANCE APPOINTING VIEWERS WHEREAS, COLUMBUS CENTER ASSOCIATES has given proper notice, in accordance with the statutes for such cases made and provided, that it will, on the 14th day of May, 1990, apply to the City Council of the City of Virginia Beach, Virginia for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance of the hereinafter described portion of that cer- tain street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, virginia: THAT . Robert J. Scott, C. oral Lambert, Jr. and David Grochmal are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, what inconvenience, if any, would result in the discontinuing and vacating of a portion of that certain street located in the City of virginia Beach, Virginia, and more par- ticularly described as follows: Potomac Street beginning at a point situated on the northeast corner of the intersection of Independence Boulevard and Potomac Street; thence, along the northern boundary of Potomac Street S82'4813"E 476.561 to a point on the northwest corner of the intersection of Poto- mac Street and Garrett Drive; thence, along the western boundary of Garrett Drive S7'10147"W 501 to a point on the southwestern intersection of Garrett Drive and Potomac Street; thence, along the southern boundary of Potomac Street N8214813"W 478.021 to a point on the southeastern corner of the intersection of IndependenCe Blvd. and Potomac Street; thence, along the eastern boundary of Indepen- dence Blvd. N8'51110"E 50.02, to the Point of Beginning. All the above as shown upon that certain exhibit entitled "EXHIBIT SHOWING PORTION OF POTOMAC STREET TO BE CLOSED", which exhibit is attached hereto and made a part hereof. ADOPTED: May 14, 1990 2 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS POTOMAC STREET, LOCATED IN THE BAYSIDE BOROUGH, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PORTION OF POTOMAC STREET TO BE CLOSED", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK _, AT PAGE WHEREAS, it appearing by affidavit that proper notice has been given by Columbus Center ASSociates that it would make application to the Council of the City of Virginia Beach, Virgi- nia, on May 14, 1990 to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgement of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discon- tinued, closed and vacated: Potomac Street beginning at a point situated on the northeast corner of the intersection of Independence Boulevard and Potomac Street; thence, along the northern boundary of Potomac GPIN NO.: Street S8214813"E 476.561 to a point on the northwest corner of the intersection of Poto- mac Street and Garrett Drive; thence, along the western boundary of Garrett Drive S7'10147"W 501 to a point on the southwestern intersection of Garrett Drive and Potomac Street; thence, along the southern boundary of Potomac Street N8214813"W 478.021 to a point on the southeastern corner of the intersection of Independence Blvd. and Potomac Street; thence, along the eastern boundary of indepen- dence Blvd. N8,51110"E 50.021 to the Point of Beginning. Said parcel of land being a portion of Potomac Street, as indicated on that certain plat of property to be vacated along existing Potomac Street for Columbus Center Associates, which plat, entitled "PLAT SHOWING PORTION OF POTOMAC STREET TO BE CLOSED", is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book at Page and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of virginia Beach, indexed in the name of the City of Virginia Beach, as grantor. ADOPTED: 2 Potomac Street be irining at a point situated 9 on the northeast corner of the intersection of Boulevard and Potomac Stre@+.. ihdependence thence, along the northern boundary of Potomac Street S82'4813"E 476.56, to a point on the northwest corner of the intersection of Poto- mac Street and Garrett Drive; thence, along the western boundary of Garrett Drive S7'10'47"W 50' to a point on the southwestern intersection of Garrett Drive and Potomac Street; thence, along the southern boundary of Potomac Street N82*4813"W 478.02, to a point on the southeastern corner of the intersection of Independence Blvd. and Potomac Street; thence, along the eastern boundary of Indepen- dence Blvd. N8*51'10"E 50.02' to the Point of Beginning. INDEPENDENCE BOULEVARD (VARIABLE R/W) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------- ----- - - - - - - - - - - - - - - - - - - - - - - - - - - - - m > 0 - - - - - - - - - - - - - - - - - - - - - - - - - - - m GARRETT DRIVE (50- R/W) co > 2 0 0.@ p Z6 E; or State of Virginia to-@it: AFFIDAVIT City of Norfolk This day Sharon White personally appeored before me and after being duly sworn made oath that: (1) (He) (ShIe) is affidovit Ierk of Virginia a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach, State of Virginia; (2) That the advertisement hereto annexed of has been published in said newspaper on t!ie following dates: 4/25 LS, 5/2 LS, Beacon 19 90 - Affiant Subscribed and sworn to before me in my city and state aforesaid this 7th -- day of May 19 9@ My commission expires My Commission Expires May 201, 1?9k Notary Public co .... . . .... .. .-rni co COLLMUS CENMR ASSOCIATES ClOsure of Potanac Street Cleveland Street COlumbUS Street Bayside Borough PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of virginia Beach, Virginia, to be held on the 14th day of May, 1990, at 2:00 p.m., at the City Hall of the City of Virginia Beach, virginia, the undersigned will petition the Council for the appointment of Viewers to view the below- described portion of the certain street and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing, and discontinuance of same, the said portion of said street being described as follows: Columbus Street beginning at a point situated on the northeast intersection of Constitution Drive and Columbus Street; thence, S37152115"E 28.251 to a point; thence, S8214813"E 623.321 to a point; thence, S7'1210"W 50.001 to a point; thence, along the southern boundary of Columbus Street N82-4813,.W 599.781 to a point; thence, S7'10147"W 29.851 to a point; thence, N82'4813"W 2 3 . 26 1to a point; thence, S52'7130"W 28.321 to a point on the southeast corner of the intersection of Constitution Drive and Columbus Street; thence, along the eastern boundary of Constitution Drive N7'3'48"E 119.85' to the Point of Beginning. All of the above, as shown upon that certain exhibit entitled "EXHIBIT SHOWING PORTION OF COLUMBUS STREET TO BE CLOSED", made by Talbot & Associates, Ltd., dated March 6, 1990. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of Columbus Street, in the City of virginia Beach, virginia, described above. COLUMBUS CENTER ASSOCIATES B Samuel M. Kroll, Esq. Clark & Stant, P.C. 900 One Columbus Center Virginia Beach, VA 23462 (804) 499-8800 2 IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS COLUMBUS STREET, AS SHOWN UPON THAT CERTAIN EXHIBIT ENTITLED "EXHIBIT SHOWING PORTION OF COLUMBUS STREET TO BE CLOSED", WHICH EXHIBIT IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA The Petitioner, Columbus Center Associates, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street, which is more specifically described as follows: Columbus Street beginning at a point situated on the northeast intersection of Constitution Drive and Columbus Street; thence, S37152115"E 28.251 to a point; thence, S8214813"E 623.321 to a point; thence, S7'1210"W 50.001 to a point; thence, along the southern boundary of Columbus Street N821481311W 599.781 to a point; thence, S7'10'47"W 29.851 to a point; thence, N82'4813"W 2 3 . 26 1to a point; thence, S52'7130"W 28.321 to a point on the southeast corner of the intersection of Constitution Drive and Columbus Street; thence, along the eastern boundary of Constitution Drive N7'3'48"E 119.851 to the Point of Beginning. Said parcel of land being a portion of Columbus Street, as indicated on that certain exhibit entitled "EXHIBIT SHOWING PORTION OF COLUMBUS STREET TO BE CLOSED" which plat is attached hereto and made a part hereof. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council as to whether in the opinion of said viewers, what inconvenience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the 25th day of April, 1990, and on the 2nd day of May, 1990, notice of the presenting of this application was published in the Virginia Beach Beacon, a newspaper of general circulation in the City of Virginia Beach, virginia. 4. That the fee simple owner of all land along and adjacent to the affected portion of the platted street is the Petitioner, Columbus Center Associates. COLUMBUS CENTER ASSOCIATES Bv it ( OF'COUNSEL Samuel M. Kroll Esquire CLARK & STANT, P.C. One Columbus Center 900 Sovran Bank Building Virginia Beach, Virginia 23462 (804) 499-8800 2 AFFIDAVIT COMMONWEALTH OF VIRGINIA AT LARGE I, Samuel M. Kroll, attorney for Columbus Center Asso- ciates, being first duly sworn, deposes and states: 1. That I am an attorney at law and represent Columbus Center Associates. 2. That on the 25th day of April, 1990, and on the 2nd day of May, 1990, notice of the presenting of the application to close a portion of that certain street known as Columbus Street on behalf of Columbus Center ASsociates was published in the Virginia Beach Beacon, a newspaper of general circulation in the City of Virginia Beach, Virginia. And further the deponent saith not. <Zii( @@e M. X-roll Subscribed and sworn to before me this day of 1990. Notary Pubii@--!--, My Commission Expires:l CLARK F6 STANT, P. C. DAVID ,H. ADAMS ROBEPT C. E. LANEY- 10 ANN BLAIP. ATTOR14rYS AND COUNSELOM AT LAW P.OBERT M. REED LAWRENC.E H. BP-YANT 900 S@@14 BANK BUILDING LEO P. ROGERS MICHELLE P. BUFICHETT ROBEFLT L. SAMUEL, IR. SMPREN W. BURKE ONE COLUMBU5 CE@k C. CRIGSBY SCIFRES FLENEE G. CHANDLER VIPGFNIA BEACH, VIPC[NIA 23462 THOMM E. SNYDER DONALD H. CLARK PRE DEPICK T. STA14T, M CL]fFORD A. COPPOLA CAROL E. SUMMERS P,OBEP.T 1. EVELEIGH TEUP14014E: .99-8800 STEPHEN C. SWAIN. THOM,kS R. FRANTZ NUCOPIER: (S@) 473-0395 STEPHEN G.TEST S. CEOFFR.EY CLICK DIRECT D@L NUMBE. D014NA 1. HALL MIC@L B. @R FREDEPJCK T. STANT, JR. ERIC A. HAUSER CERTIFICATE OF VESTING OF TITLE C.-I.L THOMA5 B. KELLY 5AMUEL M. KROLL U@ I, Samuel M. Kroll, attorney for Columbus Center Asso- ciates, do hereby certify that: 1. I am an attorney at law and represent Columbus Center Associates, the Petitioner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said property will vest in Columbus Center Associates, the holder of the underlying fee in the street. The said property referred to herein is hereby described as follows: Columbus Street beginning at a point situated on the northeast intersection of Constitution Drive and Columbus Street; thence, S37-52,15,.E 28.25, to a point; thence, S8214813"E 623.32- to a point; thence, S7'1210"W 50.001 to a point; thence, along the southern boundary of Columbus Street N82'4813"W 599.781 to a point; thence, S7'10147"W 29.851 to a point; thence, N82'4813"W 2 3 . 26 1 to a point; thence S52'7130"W 28.321 to a point on the southeas@ corner of the intersection of Constitution Drive and Columbus Street; thence, along the eastern boundary of Constitution Drive N7'3'48"E 119.851 to the Point of Beginning. CLARK & STANT,, P.C. By: @a@e tA. Kr'all ORDINANCE APPOINTING VIEWERS WHEREAS, COLUMBUS CENTER ASSOCIATES has given proper notice, in accordance with the statutes for such cases made and provided, that it will, on the 14th day of May, 1990, apply to the City Council of the City of Virginia Beach, virginia for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance of the hereinafter described portion of that cer- tain street, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert 0. Scott, C. Oral Lambert, Jr. and David Grochmal are hereby appointed to view the below described property and report in writing to the Council, as soon as possible, whether in their opinion, what inconvenience, if any, would result in the discontinuing and vacating of a portion of that certain street located in the City of virginia Beach, virginia, and more par- ticularly described as follows: Columbus Street beginning at a point situated on the northeast intersection of Constitution Drive and Columbus Street; thence, S37-52,15,,E 28.251 to a point; thence, S8214813"E 623.321 to a point; thence, S7'1210"W 50.001 to a point; thence, along the southern boundary of Columbus Street N82'48'3"W 599.781 to a point; thence, S7'10147"W 29.85' to a point; thence, N82'4813"W 2 3 . 26 1to a point; thence, S52'7130"W 28.321 to a point on the southeast corner of the intersection of Constitution Drive and Columbus Street; thence, along the eastern boundary of Constitution Drive N7'3'48"E 119.851 to the Point of Beginning. All the above as shown upon that certain exhibit entitled "EXHIBIT SHOWING PORTION OF COLUMBUS STREET TO BE CLOSED", which exhibit is attached hereto and made a part hereof. ADOPTED: May 14, 1990 2 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS COLUMBUS STREET, LOCATED IN TME BAYSIDE BOROUGH, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING PORTION OF COLUMBUS STREET TO BE CLOSED", WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CITY OF VIRGINIA BEACH, VIRGINIA T.N MAP BOOK AT PAGE WHEREAS, it appearing by affidavit that proper notice has been given by Columbus Center Associates that it would make application to the Council of the City of Virginia Beach, Virgi- nia, on May 14, 1990 to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgement of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of virginia Beach, Virginia, that the hereinafter described street be discon- tinued, closed and vacated: Columbus Street beginning at a point situated on the northeast intersection of Constitution Drive and Columbus Street; thence, S37152115"E 28.251 to a point; thence, S82'4813"E 623.321 GPIN NO.: to a point; thence, S7'1210"W 50.001 to a point; thence, along the southern boundary of Columbus Street N8214813"W 599.781 to a point; thence, S7'10147"W 29.851 to a point; thence, N82'48'3"W 23.261 to a point; thence, S52'7130"W 28.321 to a point on the southeast corner of the intersection of Constitution Drive and Columbus Street; thence, along the eastern boundary of Constitution Drive N7'3148"E 119.851 to the Point of Beginning. Said parcel of land being a portion of Columbus Street, as indicated on that certain plat of property to be vacated along existing Columbus Street for Columbus Center ASsociates, which plat entitled "PLAT SHOWING PORTION OF COLUMBUS STREET TO BE CLOSED@l, is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia in map Book _, at Page and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of virginia Beach, I indexed in the name of the City of Virginia Beach, as grantor. ADOP-IED: 2 Columbus Street beginning at a point situated on the northeast intersection of Constitution Drive and Columbus Street; thence, S37*52'15"E 28.251 to a point; thence, S82*48'3"E 623.32' to a point; thence, S7*12'0,,W 50.001 to a point; thence, along the southern boundary of Columbus Street N82-48,311W 599.78, to a point; thence, S7*10'47"W 29.85, to a point; thence, N82'4813"W 23.261 to a point; thence, S52'7130"W 28.321 to a point on the southeast corner of the intersection of Constitution Drive and Columbus Street; thence, along the eastern boundary of Constitution Drive N7'3'48"E 119.85- to the Point of Beginning. - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------- ------- vi (911 d *.gpl (911 d 'POPI 90) (03SO7. 133,WS HI) 70 133WS WXIS) (M/U 3'19VI'8VA) 3AIZIO NOliniLLSNOO State of Virginia .,-Wit: AFFIDAVIT City of Norfolk Sharon White personally This day appeared before me and ofter being duly sworn made oath that: (1) (He) (She) is affidavit Ierk of a newspaper published by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach, State of Virginia; (2) That the advertisement hereto annexed of has been published in said news,oa.per on t!ie following dotes: 19 9 0 4/25 LSI 5Z2 LS, Beacon Affiant Subscribed and sworn to before me in my city and state aforesaid this Zth day of 19 My commission expires MY Commission Expires May 2Oj9 Public c -tn-ii I U id rn I co CO COLLMUS C@R ASSOCIATES Closure of Potomac Street Cleveland Street Colurrbus street Bayside Borough - 46 - ITEM V-L. I APPOINTMENTS ITEM # 32815 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ARTS AND HUMANITIES COMMISSION EROSION COMMISSION SOCIAL SERVICES BOARD SOU'IHEASTERN VIRGINIA PLANNING DISTRICT COMM-ESSION TIDEWATER COMMUNITY COLLECE BOARD TIDEWATER RECTONAL GROUP HOME COMMISSION - 47 - ITEM V-L. 2 APPOINTMENTS ITEM # 32816 Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED: MEDICAL COLLEGE OF HAMPTON ROADS Mrs. Jane K. Wool Three Year Term: 6/1/90 - 5/31/93 Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 48 - ITEM V-L. 3 APPOINTMENTS ITEM # 32817 Upon NOMINATION by Vice Mayor Fentress, City Council REAPPOINTED: SPORTS AUTHORITY OF HAMPTON ROADS Mr. Harold Heischober Four Year Term: 6/1/90 - 5/31/94 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Harold Heischober Council Members Absent: None - 49 - ITIN V-N. 1 NEW BUSINESS ITEM # 32818 ADD-ON Vice Mayor Fentress referenced a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL which has been SCHEDULED and advertised for Wednesday, May 23, 1990, at 12:00 NOON for the purpose of AWARDING a Low Bid on $40,000,000 General Obligation Public Improvement Bonds, Series of 1990A. Ma 14 1 0 - 50 - ITEM V-N. 2 NEW BUSINESS ITEM # 32819 ADD-ON Mayor Oberndorf advised she will convene a MAYOR'S COMMITEE TO STUDY the Current City Council's Size and Apportionment because of the many requests received from the Public. With the soon to be completed Census and the reapportionment of the State Legislature, the Mayor believed objective decisions could be made by utilizing the data that will be avialable to the Committee. Mayor Oberndorf requested comments from the City Council Members prior to May Twenty-first. Ma 14 1990 Item V-0. 1. ADJOURNMENT ITEM # 32820 Upon motion by Councilman Baum, City Council ADJOURNED the Meeting at 8:55 P.M. Beverly--O. Hooks Chief Deputy City Clerk .th Hodge. mith, CMC City Clerk City of Virginia Beach Virginia