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HomeMy WebLinkAboutMAY 23, 1988 C-3f N7il-"ii-licA "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. JONES, Al L,,@ VICE MAYOR MEYERA E. OBERNL)ORF, Al L,,g@ ALBERT W. BALKO, L,@@h.- @..gh JOHN A BAUM, Bi.,@,l@ B,..gh ROBERT E. FENTRESS, V,,i@i. B@-h B-.gh HAROLD HEISCHOBER, Al L.,g, BARBARA Af. HENLEY. P..g@ @@.gh REBA S. MCLANAN, P@-,,, A-, B-,h JOHN D, MOSS, K@.,.ill, B-.gh NANCY K PARKER, Al L.,g, JOHN L PERRY. B,,i& @-gh 281 CffY HALL BUILDING MUNICIPAL CENTER AU@ J., c@ M-- CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 J. @ @l, Ci@ A-- (8@) 427-4303 R@H OWO M@H. @Cl@, Ci@ C@@ MAY 23, 1988 ITIM I. CITY MANAGER'S BRIEFINGS - Conference Room - 4:30 PM A. CITY ZONING ORDINANCE - Revisions Robert J. SCott, Director of Planning ITEM II. COUNCIL CONFEREWE SESSION - Conference Room - 5:00 PM A. CITY COUNCIL COWERNS ITEM III. INFCRMAL SESSION - Conference Room - 5:30 PM A. CALL TO CRDER - Mayor Robert G. Jones B. ROLL R-ALL OF COUNCIL C. MOTION TO RECESS IRM EXECUTIVE SESSION ITEM IV. CEREMONIAL PRESENTATIONS - Council Chamber - 6:45 PM A. PROCLAKATION 1. SAMUEL HOUSTON, SR. Honorary Chairman and Lifetime Member Virginia Beach Mayor@s Committee on Aging B. RESOIXITIONS IN GRATRTUDE Thomas A. Barton Mr. and Mrs. Palle Bistrup Virginia Beach Council Hampton Roads Chamber of Cc)mmerce Virginia Beach Municipal Rnployees Federal Credit Union Betty C. Wells Eugene Walters C. RESOLUTIONS IN RECOGNITION AND APPRECIATION 1. FIRST CITIZEN OF VIRGINIA BEIKCH E. T. "Joe" Buchanan III 2. 1988 TOP TEN PUBLIC WORIS LEADER C. Oral lambert, Jr., Director of Public Works 3. SCHIZOPHRENIA FOUNDATION-ALLIANCE FOR THE RENTALLY ILL D. RESOLUTIONS - NERRT SCHOLARS Michael P. Acquavella Kempsville High School Brian James Bale Green Run High School Paul Michael Bibeau First Colonial High School Brian Laverne Clark Frank W. Cox High School Justin Arthur Giroux Green @n High School Paulo Victor Gonzaga Kempsville High School Brian Daniel Gustafson Yempsville High School Ronald Henry Labuguen Kempsville High School Scott Alden Leban Kempsville High School Melanie Ann Mina Floyd E. Kellam High School Ariana @igh Myers Yempsville High School Matthew John Pearsall Green Run High School Jennifer @e Pisapia Kempsville High School Robert J. Prince Kempsville High School Deanna lane Roach Kempsville High School Anita Cecile Sayles Floyd E. Kellam High School Michele Renee Sebastian Princess Anne High School Eileen Talento Bayside High School Isabel Vaca Bayside High School Robert Andrew Vallejo Kempsville High School Jason Benjamin van Pelt Princess Anne High School ITEM V. FOINAL SESSION - Council Chambers - 7:00 PM A. INVOCATION: Reverend J. Scottie Griffin, D.D. First Presbyterian Church B. PLEDGE OF ALIEGIA14CE TO THE FIAG OF THE LNITED STATES OF AMERICA C. ELIRTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA E. NINUTIZS 1. INFORMAL & FORMAL SESSIONS - May 16, 1988 F. PUBLIC HEARIEG 1. PLANNING a. RECONSIDERATION of the Application of S.A.S. Associates for a change in a nonconforming use at the Northeast corner of Atlantic Avenue and Laskin Road, containing 17,424 square feet (Virginia Beach Borough). This item was DENIED 4/25/88 and on 5/9/88 was scheduled for reconsideration. Recomm@ation: APPROVAL b. RECONSIDERATION of Conditions in the January 19, 1981 application of Victory Baptist c2iurch for a Conditional Use Permit for a church on the South side of Providence Road East f cresthaven @ne (Kempsville Borough). niis item was GRANTED 1/19/81, based upon the site plan submitted at the time of application, and on 4/25/88 was scheduled for reconsideration of adherence to site plan and change in acreage covered by the use permit. Recommendation: APPROVAL c. Petition of Signet Enterprises, Ltd. for the discontinuance, closure and abandonment of a portion of Thompkins Lane located on the East side of the Southern terminus of East Goodview Drive, running a distance of 1019.92 feet in a Southerly direction and running a distance of 117.57 feet in a Westerly direction, being variable in width from 303.8 feet to 20.11 feet, containing 26,615 square feet (Kempsville Borough). @is item was DEFERRED on 4/20/87, 5/4/87, 5/18/87, 11/23/87 and on 2/22/88 was DENIED to modify and DEFERRED existing request additional 90 days. Recommendation-. DENIAL d. Petition of Richard C. Fentress for the discontinuance, closure and abandorunent of a portim of Brian Avenue beginning at the Northern boundary of Virginia Beach Boulevard and running in a Northerly direction to the Southern bounda-ry of Broad Street, being 60 feet in width and containing 16,828 square feet more or less (Baysaide Borough). DEFERRFD: 8/10/87 and 2/22/88 Recommendation: 60 DAY ADDITIONAL DEPERRAL e. Application of Bellamy Square, Inc. for Changes of Z@n District Classification on property located m the East side of i7rincess Anne Road at the intersection with Providence Road (Kempsville Borough): From R-6 Residential District to 0-1 Office District, containing 7.75 acres; AND, From R-6 Residential District to B-2 Community-Business District, containing 19.05 acres. DEFERRED: 3/28/88 and 4/11/88 Recommendation: DENIAL f Application of Donald L. Moore for a Change of Zoning District Classification from 0-1 office District to B-2 Community- Business District on the West side of Chimney Hill Parkway, 22@ feet South of Holland Road, containing 3.372 acres (Kempsville Borough). Recommendation; WITHDRANAL g. Application of The Firestone Tire and Rabber Co. for a Conditional Use Permit for motor vehicle sales and rental on Parcel N, Bonney's Corner (1398 Fordham Drive), containing 30,623 square feet (Kempsville Borough). Recornmendation: WITHDRAWAL h. Application of Ralph E. Knapp for a Conditional use Permit for retail sales of garden supplies, equipment and material in conjunction with a plant nursery located on the North side of Holland Road, .3 mile South of Landstown Road, containing 1.2 acres (Princess Anne Borough). Recommendation: APPROVAL i. Application of TAM Associates, a Virginia General Partnership, for a Coriditional Use Permit for bulk storage (RV's, boats, cars, etc.) located on the West side of Broad Meadows Boulevard, 110 feet more or less North of Newtown Road, containing 33,105.60 square feet (Bayside Borough). Recommendation: APPROVAL j. Application of The Beach Fellowship for a Conditional Use Permit for a church located on the West side of General Booth o.le-,ard, 664.69 feet South of Gallery Avenue, containing 3.922 acres (Princess Anne Borough). Recommendation: APPROVAL k. Application of Tidewater Council for Filipino Ministry (TCFM) for a Conditional Use Permit for a church on Tract 13, Avalon Terrace (5720 Normandy Avenue), containing 13 acres (Kempsville Borough). Recommendation: DENIAL 1. Application of Lyle T. and Mary E. Smith for a Variance to Section 4.4(b) of the Subdivision Ordinance, that all lots being created in the R-6 Residential District have a lot width of 75 feet, on property located at 2033 Salem Road (Kempsville Borough). Recommendation: DENIAL m. Application of Paul S. and Bonnie J. Arthur for a Variance to Section 4.1(d) of the Subdivision Ordinance, which gives authority to the Planning Department to require measures to protect the integrity of existing and planned major arterials, on property located at 1846 Salem Road (Kempsville Borough). Recommendation: DENIAL n . Application of Ragh E. Ovens, Jr. for a Change of Zonia District Classification from R-5 Residential District to B-2 Community-Business District at the southeast corner of Princess Anne Road and Lord Dunmore Drive (5233 Princess Anne Road), containing 1.6 acres (Kempsville Borough). DEFERRED: 3/14/88 Recommendation: DENIAL o. Application of H & B Investnents for a Conditional Use Permit for an auto repair establislment on the South side of Indian River Road, 150 feet more or less East of Kempsville Road (5253 Indian River Road), containing 23,697 square feet (Kempsville Borough). DEFERRED: 3/14/88 Recaftmendation: DENR.AL p. Application of Checkered Flag Motor Car company, Inc. for a Conditional Use Permit for motor vehicle sales and repair located South of Virginia Beach Boulevard, 620 feet more or less East of Clearfield Avenue (5209 Virginia Beach Boulevard), containing 1.75 acres (Bayside Borough). DEFERRED: 5/9 /88 Recommendation: APPROVAL G. RESOLUTION 1. Resolution to deny a proposed Mendment to the Subdivision Ordinance which would relax the standards to be applied in reviewing requests for Subdivision variances. H. OP.DIMANCES 1. ENCROAC124ENTS a. C.L.R. Corporation (Upper Deck Restaurant) Signs and awning at 206 16th street b. George Kotarides, Sr. (Milton's Pizza) Awning and existing building canopy at 2410 Atlantic Avenue C. Jerry Chaplain (Kona Kai @st Hotel) Existing free-standing sign on premises of Kona Kai East Hotel, 16th Str.eet and Oceanfront d. Charles R. Hull (Sun Dial) Existing awning at 1908 Atlantic Avenue e. Charles R. Hull (Cape Henry Club) EKisting awaing at 203 19th Street f. Charles R. Hull (Souvenir alty) Eristing avnings at 2508 Atlantic Avenue g. Charles R. Hull (Beach Bodies) Existing building canopy at 1904-B Atlantic Avenue h. Charles R. Hull (Beach Theatre) EKisting theatre marguee at 2500 Atlantic Avenue i. W. H. Yitchin III (Kitchin's Kitchen) Awning at 2525 Atlantic Avenue j . Donald Pilla (Cafe' Loco) Mnsard roof at 230 17th Street COIRSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City oouncil and will be enacted by one notion in the form listed. If an item is removed from the Consent Agenda, it will be discus@ and voted upon separately. 1. RESOLUTIONS IN GRATITUDE Thanas A. Barton Mr. and Mrs. Palle Bistrup Virginia Beach Council Hampton Roads Chamber of commerce Virginia Beach Municipal Rnployees Federal Credit Union Betty C. Wells Eugene Walters 2. FXSOLUTIONS IN RBCOGNITION AND APPRECIATION a. FIRST CITIZEN OF VIRGINIA BEACH E. T. 'Joe" Buchanan III b. 1988 TOP TEN PUBLIC WORKS LEADER C. Oral Lambert, Jr., Director of Public Works c. SCHIZOPHRENIA FOUNDATION-ALLIANCE FOR THE MENTALLY ILL 3. MLTIONAL MERIT ANARD WI@ 4. C)rdinance appointing vievers in the petition of Metrovest, Inc. for the closure of a portion of Alabama Road. 5. RAFFLE PEFMIT: Back Bay Restoration Foundation J. UMINISHED BUSINESS K. MV BUSINESS 1. REQUEST FOR RECONSIDERATION of a Condition in the March 14, 1988, approval of the E=on Company, U.S.A. applicaticn for a Conditional Use Permit for car wash and gas pumps in conjunction with a convenience store t the southwest corner of Indian River Road a@d South Military Highway (841 South Military Highway), containing 1.02 acres (KeMpSville Borough). L. AD.TOUROTENT I Crl!Y COUNCIL SESSIONS OF juLY 4, 1988 (City Eloliday) RESCHEDULED TO juLY 5, 1988 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 23, 1988 The CITY MANAGER'S BRIEFING of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, May 23, 1988, at 4:35 P.M- Council Members Present: Albert W. Balko, Robert E. Fentress Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John D. Perry Council Members Absent: Vice Mayor Meyera E. Oberndorf (Very ill with the flu) Councilman John A. Baum (ENTERED: 5:25 P.M.) - 2 - CITY MANAGER'S ITEMS CITY ZONING ORDINANCE - Revisions ITEM # 29420 Robert Scott reiterated his continuation of the CITY ZONING ORDINANCE Revisions. Robert Scott referenced the Shopping Center Parking issue contained in the Memorandum of May 6, 1988 - Interim Report on CZO Update. City Council had indicated the proposed Ordinance lacked significant clarity to be easily understood. Robert Scott distributed a clearer description. (Said copy is hereby made a part of the record). The language is i,ntended to apply to shopping centers over 40 acres in size. If City Council concurs with said approach, the City Staff will be glad to apply the same language to the smaller shopping center which has already been ADOPTED in the City Zoning Ordinance. PARKING REQUIREMENTS FOR SHOPPING GENTERS: The sum total of the following: (a) for all uses except restaurants and theaters: 1 space per 200 square feet. (b) for restaurants and theaters which together take up 10 percent or less of the commercial floor area of the shopping center: 1 space per 200 square feet (c) for restaurants floor area in excess of that accounted for in (b) above: 1 space per 75 square feet; (d) for theater floor area in excess of that accounted for in (b) above: 1 space 100 square feet. Robert Scott advised once you get up to that size where you have about 10% threshold it will result in a reduction in parking of about 15% in the Shopping Center. Robert Scott will provide the exact numbers to City Council. It is approximately 15% reduction in the amount of parking in the shopping center. Robert Scott advised there are three (3) categories of shopping centers: (1) Less than 5 acres - City Staff cannot justify recommending any type of reduction in parking requirements. Each use should stand on its own in this small sized shopping center. (2) Between 5 acres and 40 acres - City Staff would not recommend delineating categories within this area. City Staff would feel comfortable in recommending a reduction up to about 7-1/2%. (3) Over 40 acres - There is much more interplay between uses. Robert Scott advised the City still has much commercial zoning that is i,n pieces less than 10 acres, i.e. individual blocks along Shore Drive that exist. The trend in the last two years has been to create little strip shops in each of those blocks averaging seven or ei,ght stores. The City Staff is advising unless these strip shops accumulate 5 acres, the stores should be classified one-at-a-time as far as parking. - 3 - CITY MANAGER'S ITEMS CITY ZONING ORDINANCE - Revisions TTEM # 29420 (Continued) Councilwoman Parker suggested the first threshold be set at ten (10) acres instead of five (5) acres. Councilwoman Parker advised the City Council is attempting to not allow people to instill these very small shopping centers throughout the area at major intersections. Councilman Heischober suggested 5% relative over 10 acres or more, 10% over 30 acres. If this Ordinance must be referred back to the Planning Commission, Councilman Moss requested options regarding public amenities and the manner that might be incorporated in terms of the landscaping issue be investigated, as well as sharing reduced pavement space between construction space and landscape space be addressed. The City Attorney and Director of Planning will confer relative the City Zoning Ordinance concerning the short and long list and which matters have been settled. Robert Scott advised MaximijTn Height in Commercial Districts in the Memorandum of May 6, 1988, had been addressed to some extent. Maximum Height in RT-2 and RT-3 had not been addressed; however, this had been thoroughly discussed in the WORKSHOPS on the oceanfront area. Relative the issue of thirty-six-foot wide streets, the Planning Commission has investigated this issue. Perhaps under certain circumstances and in certain neighborhoods, streets should be required to be 36 feet wide. C. Oral Lambert, Director of Public Works, has reviewed same and suggested the City widen the streets and also the school bus issue be restricted. The niajor component to the problem is off-street parking. By requiring increased set-back of the houses from that street, off-street parking has been encouraged. The concept of 50-foot setbacks on major roads has been discussed. Additional information was distributed relative same. (Said information is hereby made a part of the record.) Robert Scott advised there were three printing errors in the City Zoning Ordinance ADOPTED by the Council of the City of Virginia Beach, Virginia. BY CONSENSUS, further discussion will be SCHEDULED for the City Council Meeting of June 6, 1988. The City Council Meeting of June 13, 1988 could be TARGETED for further ordinances related to the City Zoning Ordinance. - 4 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 29421 Councilwoman McClanan suggested the adoption of a Resolution expressing the feeling of the entire City Council relative the Statewide Noise Abatement. Counci,lman Moss had discussed with the City Staff a proposed Resolution but the comment period ended May 20, 1988. The cost participation on the sound and noise abatement should be the same as on normal road construction with the State also sharing the maintenance. This i.s a large financial liability for local governments. The City Attorney could compose a Resolution from the text of the statement Jack Whitney prepared for Councilman Moss at the V-DOT Public Hearing of MaY 4, 1988. Copy of said text will be given to Councilman Heischober for his V14L Meeting on June 7, 1988. Councilman Moss advised there are three (3) cost i,ssues of importance: (1) Economic Dollar Value Threshold (2) Cost Participation and Construction (3) Maintenance BY CONSENSUS, the City Manager will distribute information relative a Resolution and City Council could indicate their comments relative its appropriateness and then same could be SCHEDULED for formal action at the City Council Meeting of June 6, 1988. ITEM # 29422 Councilman Perry requested the addition of an item under NEW BUSINESS. Councilman Perry wished to sponsor residents of Thoroughgood relative disturbances caused by a neighbor's skateboard ramp. - 5 - ITFM # 29423 The INFOR14AL SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, May 23, 1988, at 5:28 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: Vice Mayor Meyera E. Oberndorf - 6 - ITEM # 29424 Mayor Robert G. Jones entertained a motion to permat City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 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 plans for the future of an institution which could effect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Harold Heischober, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf Item IV-A. CEREMONIAL PRESENTATION PROCLAMATION ITEM 29425 Mayor Robert G. Jones PROCLAIMED SAM HOUSTON to be: HONORARY CHAIRMAN AND LIFE-TIME MEMBER OF THE VIRGINIA BFACH MAYOR'S COMMITTEE ON AGING Members of the Virginia Beach Mayor's Committee on Aging were in attendance. This PROCLAMATION extended the appreciation of the Mayor of the City of Virginia Beach relative the outstanding contributions of Sam Houston to the welfare of his fellow citizens. Sam Houston has championed the cause of the poor and the elderly through active participation in such organizations as the Mayor's Committee on Aging, the Virginia Silver-Haired Legislature, the White House Conference on Aging, the Southeastern Virginia Model Program, the Citizens' Advisory Committee for Housing and Community Development, and other organizations supporting needy and underprivileged citizens. WHEREAS, Sam Houston has been a prominent and public-spirited citizen of the City of Virginia Beach since the creation of the City in 1963; and WHEREAS, Sam has championed the cause of the poor and the elderly through active participation in such organizations as the Mayor's Committee on Aging, the Virginia Silver-Haired Legislature, the White House Conference on Aging, the Southeastern Virginia Model Program, the Citizens' Advisory Committee for Housing and Community Development, and other organizations supporting needy and underprivileged citizens; and WHEREAS, the appreciation of the Mayor of the City of Virginia Beach and the Mayor's Committee on Aging requires public expression in recognition of the outstanding contributions of Sam Houston to the welfare of his fellow citizens. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim SAM HOUSTON to be HONORARY AND T-TYR-@ OF THK VIERGMU BEACH MAYOR'S ON AGIW IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach, Virginia, to be affixed this twenty-third day of May, nineteen hundred and eighty-eight. -7 Robe@ G. Jo es Mh rd 8 Item IV-B. RESOLUTIONS IN GRATITUDE ITEM 29426 Mayor Jones introduced the recipients of RESOLUTIONS IN GRATITUDE and Councilwoman McClanan presented the Resolutions. Thomas A. Barton Mr. and Mrs. Palle Bistrup Virginia Beach Council Hampton Roads Chamber of Commerce Virginia Beach Municipal Employees Federal Credit Union Betty C. Wells Eugene Walters THOMAS A. BARTON and BEACH FORD, INCORPORATED contributed nearly $9,000.00 to provide three (one fifty and two forty-five foot) flag poles. MR. and MRS. PALLE BISTRUP, owners of U S FLAG AND SIGNAL CORPS have contributed the City Flag. VIRGINIA BEACH COUNCIL HAMPTON ROADS CHAMBER OF COMMERCE have contributed the Virginia State Flag. VIRGINIA BF.ACH MUNICIPAL EMPLOYEES FEDERAL CREDIT UNION contributed the American Flag honoring Aubrey V. Watts, Jr., City Manager. BETTY C. WELLS contributed several pen and ink originals with her concept of the Original Courthouse, old jail and current Clerk of the Court's Office. EUGENE WALTERS personally contributed $1,000 to assist in defraying the City's costs of the portable memorabilia Case and his participation in celebrating the City's Twenty-Fifth Birthday. 9 Item IV-C.l. RESOLUTIONS IN RECOGNITION ITEM 29427 AND APPRECIATION Mayor Robert G. Jones PRESENTED a Resolution to: FIRST CITIZEN OF VIRGINIA BEACH E. T. "Joell Buchanan III This Resolution recognized the many services and tremendous civic contributions E. T. Buchanan III has rendered Virginia Beach as a dedicated citizen, a successful businessman and a "Great Humanitarian". - 10 - Item IV-C.2. RESOLUTIONS IN RECOGNITION ITEM # 29428 AND APPRECIATION Mayor Robert G. Jones PRESENTED a Resolution in Recognition and Appreciation to: 1988 TOP TEN PUBLIC WORKS LEADER C. Oral Lambert, Jr., Director of Public Works The American Public Works Association sponsors an annual awards program recognizing ten top public works leaders throughout the nation. C. Oral Lambert, Jr., was nominated by the American Public Works Association, Virginia DC, Maryland Chapter and the City of Virginia Beach. Item IV-C.3. RESOLUTIONS IN RECOGNITION ITEM 29429 AND APPRECIATION Mayor Robert G. Jones PRFSENTED a Resolution to: SCHIZOPHRENIA FOUNDATION-ALLIANCE FOR THE MENTALLY ILL Jean Farrell ACCEPTED this Resolution This Resolution recognized the Twentieth Anniversary of the founding of the organization. Since 1968 the SCHIZOPHRENIA FOUNDATION-ALLIANCE FOR THE MENTALLY ILL has worked to dispel the myths concerning mental illness in the community, to provide support to the mentally ill and their families, and to advocate for research into the causes and treatment of mental illness. - 12 - Item IV-D. RESOLUTIONS - MERIT SCHOLARS ITEM # 29430 Mayor Robert G. Jones PRESENTED RFSOLUTIONS IN RECOGNITION to the following MERIT SCHOLARS: Michael F. Acquavella Kempsville High School Brian James Bale Green Run High School Paul Michael Bibeau First Colonial High School Brian Laverne Clark Frank W. Cox High School Justin Arthur Giroux Green Run High School Paulo Victor Gonzaga Kempsville High School Brian Daniel Gustafson Kempsville High School Ronald Henry Labuguen Kempsville High School Scott Alden Leban Kempsville High School Melanie Ann Mina Floyd E. Kellam High School Ariana Leigh Myers Kempsville High School Matthew John Pearsali Green Run High School Jennifer Lee Pisapia Kempsville High School Robert J. Prince Kempsville High School Deanna Lane Roach Kempsville High School Anita Cecile Sayles Floyd E. Kellam High School Michele Renee Sebastian Princess Anne High School Eileen Talento Bayside High School Isabel Vaca Baydide High School Robert Andrew Vallejo Kempsville High School Jason Benjamin Van Pelt Princess Anne High School - 13 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCTL May 23, 1988 8:12 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BF.ACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, May 23, 1988, at 8:12 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: Vice Mayor Meyera E. Oberndorf INVOCATION: Reverend J. Scottie Griffin, D.D. Memorial United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 14 - ADOPTION OF ITEMS Item V-D.l. ITEM # 29431 Councilwoman McClanan referenced a Resolution requesting the Board of Zoning Appeals to Defer Consideration of Variance Applications Pertaining to Major Recreational Fquipment for a Period of Ninety (90) Days. This item will be ADDED-ON under NEW BUSINESS. Item V-D.2. ITEM # 29432 Councilman Moss referenced the addition of an item under NEW BUSINESS. Item V-D-3- ITEM # 29433 Councilman Perry referenced the addition of an item under NEW BUSINESS. BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. 1 5 Item V-E. 1 . MINUTES ITEM # 29434 ADD-ON Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council APPROVED the Minutes of May 16, 1988, AS CORRECTED: Councilman Fentress CORRECTED: PAGE 33, ITEM #29405, Second Line, Second Paragraph "No "skin" boards (items containing rubber and foam) will be rented" should correctly read: "No "skim" boards will be rented. Only rubber or foam rafts will be rented." Councilwoman Parker CORRECTED: PAGE 23, ITEM # 29395, Ordinance to AMEND and Reordain Section 6-15 of the Code of the City of Virginia Beach, Virginia, pertaining to Changing Clothes in Public. The Vote should read: Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Reba S. McClanan and John L. Perry Council Members Absent: None Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voti,ng Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 16 - Item V-F. 1 . PUBLIC HFARING ITEM # 29435 Mayor Robert G. Jones DECLARED a PUBLIC HEARING on: PLANNING a. S.A.S. ASSOCIATES RECONSIDERATION/Change in Nonconforming Use b. VICTORY BAPTIST CHURCH RECONSIDERATION/Conditional Use Permit c. SIGNET ENTERPRISES, LTD. STREET CLOSURE d. RICHARD 0. FENTRESS STREET CLOSURE e. BELLAMY SQUARE, INC. CHANGES OF ZONING f. DONALD L. MOORE CHANGE OF ZONING g. THE FIRESTONE TIRE AND RUBBER CO. CONDITIONAL USE PERMIT h. RALPH E. KNAPP CONDITIONAL USE PERMIT i. TALC ASSOCIATES CONDITIONAL USE PERMIT j. THE BPACH FELLOWSHIP CONDITIONAL USE PERMIT k. TIDEWATER COUNCIL FOR FILIPINO MINISTRY (TCFM) CONDITIONAL USE PERMIT 1. LYLE T. AND MARY E. SMITH VARIANCE m. PAUL S. AND BONNIE J. ARTHUR VARIANCE n. HLTGH E. OWENS, JR. CIIANGE OF ZONING o. H & B INVESTMENTS CONDITIONAL USE PERMIT p. CHECKERED FLAG MOTOR CAR COMPANY, INC. CONDITIONAL USE PERMIT - 17 - Item V-F. 1 . PUBLIC HEARING PLANNING ITEM # 29436 Richard Lenhart, 1224 Diamond Spring Road, Phone: 464-3551, represnted the applicant and requested DEFERRAL as the princi,pals would be out of town for two weeks. Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council DEFERRED for three weeks until the City Council Meeting of June 13, 1988, RECONSIDERATION of the appli,cation of S.A.S. OCEANFRONT ASSOCIATES for a change in a nonconforming use. This item was DENIED April 25, 1988 and on May 9, 1988 was SCHEDULED for RECONSIDERATION. Application of S.A.S. Oceanfront Associates for a Change in a Nonconforming Use on property located at the northeast corner of Atlantic Avenue and Laskin Road. Said parcel contains 17,424 square feet. VIRGINIA BEACH BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 18 - Item V-F.l.b. PUBLIC HEARING PLANNING ITEM # 29437 Reverend Leslie W. Smith, Pastor of Victory Baptist Church, Phone: 467-3250, 474-2950, represented the applicant and requested reconsideration of conditions due to the extension of Indian Lakes Boulevard. Upon motion by Councilman Moss, seconded by Councilman Balko, City Council APPROVED RECONSIDERATION of conditions (adherence to the site plan and a change in the acreage covered by the Conditional Use Permit) in the application of VICTORY BAPTIST CHURCH. ORDINANCE UPON APPLICATION OF VICTORY BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R0181360 Ordi,nance upon application of Victory Baptist Church for a Conditional Use Permit for a church on certain property located on the south side of Providence Road beginning at a point 920 feet more or less east of Cresthaven Lane, running a distance of 122.21 feet along the south side of Providence Road, running a distance of 200 feet in a southerly direction, running a distance of 123-44 feet in an easterly direction, running a distance of 717.92 feet along the eastern property line and running a distance of 931 feet along the western property line. Said parcel contains 4.5 acres more or less. KEMPSVILLE BOROUGH. This application was ADOPTED on January 19, 1981. Extension of Indian Lakes Boulevard will divide the property and therefore the applicant is selling the church parsonage. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - ig - Item V-F.l.c. PUBLIC HEARING PLANNING ITEM # 29438 The City Clerk's Office referenced letter of May 23, 1988,to Mayor Robert Jones and Councilman Moss requesting WITHDRAWAL. Attorney Carl Markowitz, 4560 Columbus Loop, Phone: 490-2711, represented the applicant and requested WITHDRAWAL. The applicant has been unable to comply with the first condition. OPPOSITION: Earl H. Russell, 947 Whitehurst Landing Road, Phone: 420-4437, resident for over 50 years. Earl H. Russell was in OPPOSITION to the WITHDRAWAL. Mr. Russell wished Thompkins Lane improved as the property was deeded to the City to be improved. There are no city services provided to the residents of Whitehurst Landing Road. Booker T. Smith, 951 Whitehurst Landing, Phone: 420-2580, WAIVED his right to speak Upon motion by Councilman Moss, seconded by Councilman Perry, City Counci,l DENIED an application of SIGNET ENTERPRISES, LTD. for the discontinuance, closure and abandonment of a portion of Thompkins Lane. Application of Signet Enterprises, Ltd. for the discontinuance, closure and abandonment of a portion of Thompkins Lane located on the east side of the Southern terminus of East Goodview Drive, running a distance of 1019.92 feet in a southerly direction and running a distance of 117.57 feet in a westerly direction Said parcel is variable in width from 303.8 feet to 20.11 feet and contains 26,615 square feet. Plats with more detailed information are available in the Department of Planning. KEMSPVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Hobert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf - 20 - Item V-F.l.d. PUBLIC HEARING PLANNING TTEM # 29439 Attorney Winston G. Snider, 2620 Southern Boulevard, Suite 102, Phone: 463- 5250, represented the appiicant, and requested an additional 60 day DEFERRAL. This DEFERRAL will enable review of the submitted plats. Upon motion by Councilman Fentress, seconded by Councilman Heischober, City Council DEFERRED for sixty (60) days until the City Council Meeting of August 8, 1988, an Ordinance upon application of RICHARD C. FENTRESS for the discontinuance, closure and abandonment of a portion of Brian Avenue. Application of Richard C. Fentress for the di,scontinuance, closure and abandonment of a portion of Brian Avenue beginning at the northern boundary of Virginia Beach Boulevard and running in a northerly direction to the southern boundary of Broad Street. Said parcel is 60 feet in width and contains 16,828 square feet more or less. BAYSIDE BOROUGH. Voting: 8-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan and John D. Moss Council Members Absent: Vice Mayor Meyera E. Oberndorf - 21 - Item V-F.I.e. PUBLIC HEARING PLANNING ITEM # 29440 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and reviewed the AMFNDED proffers submitted to City Council. Attorney Cromwell displayed the "Concept Plan - Bellamy Square, Inc." - (parcels a, b, c, d, e and f) . The applicant has committed to develop property in conformance with the "Concept Plan - Bellamy Square, Inc.", dated December 30, 1987, revised May 15, 1988 and prepared by Smith Demer Norman, Engineers-Planners, Surveyors-Landscape Architects. All buildings shail have a colonial brick facing and shall have an overall colonial facade and appearance. The cost of making the adjustment to the signalization will be borne by the applicant. Jack Bagley, Traffic Engineer of Kimberly Horne, advised he was retained to analyze the traffic situation. At the present time, the traffic situation at Providence and Princess Anne is operating at a Level of Service "C". With the improvements proposed for this development at the intersection, the Road will be still operating at a Level of Service "C". Attorney W. Edward Hudgins, Jr., 4536 Bonney Road, Phone: 499-4121, represented the Mitchell family and requested the owners of property proposed for development by the applicant to stand. This property has been owned by the Mitchells since 1911. The owners of the property are hard working and can not afford to pay the real estate taxes on land too valuable to own, but unless resubdivided and rezoned cannot practically be used. Reverend Chuck Patterson, 5196 Holly Farms Drive, Phone: 473-0777, spoke in favor of the application. This project would provide employment and a good tax base for the City. OPPOSITION: Martha Kirtley, 4604 Gilling Court, Phone: 467-6618, Secretary of the Bellamy Manor East Civic League, presented a peti,tion !,n opposition containing over eighty signatures. Martha Kirtley displayed a map to City Council showing the business offices and light industrial property which is currently present in a one and two mile radius of the Providence and Princess Anne Intersecti,ons. The sites marked in "pink" were commerical development. Franklin H. Philli,ps, 4680 Berrywood Road, Phone: 474-2642, represented the Bellamy Woods Civic League and expressed ocncerns relative traffic and the possibility of congestion at the intersection which would result in a flow through of traffic in the Bellamy Woods neighborhood M. L. McDermott, 1200 Hartford Court, Phone: 474-5467, represented the Bellamy Woods Civic League. Mr. McDermott advised this would set a precedent in this area. On virtually every major intersection between Kempsville Road and Lynnhaven Parkway along Princess Anne Road, there is a shopping center- commerci,al development. Barbara McDermott, 1200 Hartford Court, Phone: 474-9467, President of the Bellamy Woods Civic League. This is a premature project based on too many unknown factors. A MOTION was made by Councilman Moss, seconded by Councilman Heischober to DENY an application of Bellamy Square, Inc. for Changes of Zoning District Classification on property located on the East side of Princess Anne Road at the intersection with Providence Road (Kempsville Borough): From R-6 Residential District to 0-1 Office District, containing 7.75 acres; AND, r@o m R-6 Residential District to B-2 Communi usiness District, containing 19-05 acres. - 22 - Item V-F.l.e. PUBLIC HEARING PLANNING ITEM # 29440 (Continued) A SUBSTITIJTE MOTION was made by Councilman Perry, seconded by Councilman Baum to ADOPT an application of Bellamy Square, Inc. for Changes of Zoning District Classification on property located on the East side of Princess Anne Road at the intersection with Providence Road (Kempsville Borough): From R-6 Residential District to 0-1 Office District, containing 7.75 acres; AND, r@o m R-6 Residential District to B-2 Community-Business District, containing 19-05 acres. Voting: 4-5 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Albert W. Balko, John A. Baum, Barbara M. Henley, and John L. Perry Council Members Voting Nay: Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, John D. Moss, Nancy K. Parker Council Members Absent: Vice Mayor Meyera E. Oberndorf Council Members Abstaining: Reba S. McClanan" *Councilwoman McClanan ABSTAINED Verbally as her husband represents one of the individuals involved with one of these pieces of property. - 23 - Item V-F.l.e. PUBLIC REARING PLANNING ITEM # 29440 (Continued) Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council DENIED Ordinances upon application of BELLAf4Y SQUARE, INC. for Changes of Zoning: ORDINANCE UPON APPLICATION OF BELLAMY SQUARE, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO B-2 Ordinance upon application of Bellamy Square, Inc. for a Change of Zoning District Classification from R-6 Residential District to B-2 Community-Business District on certain property located on the east side of Princess Anne Road at the intersection with Providence Road. Said parcel contains 19-05 acres. Plato with more detailed information are available in the Department of Planning. KEMSPVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF BELLAMY SQUARE, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO 0-1 Ordinance upon application of Bellamy Square, Inc., for a Change of Zoning District Classification from R-6 Residential District to 0-1 Office District on certain property located on the east side of Princess Anne Road at the intersection with Providence Road. Said parcel contains 7.75 acres. Plats with more detailed information are available in the Department of PlannAng. KEMPSVILLE BOROUGH. Voting: 5-4 Council Members Voting Aye: Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, John D. Moss, Nancy K. Parker Council Members Voting Nay: Albert W. Balko, John A. Baum, Barbara M. Henley, and John L. Perry Council Members Absent: Vice Mayor Meyera E. Oberndorf Council Members Abstaining: Reba S. McClanan* *Councilwoman McClanan ABSTAINED Verbally as her husband represents one of the individuals involved with one of these pieces of property. - 24 - Item F.l.f. PUBLIC HEARING PLANNING ITEM # 29441 Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Suite 280, Phone: 431- 3100, represented the applicant and requested WITHDRAWAL as there is no proposed particular user of this site. Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of DONALD L. MOORE for a Change of Zoning: ORDINANCE UPON APPLICATION OF DONALD L. MOORE FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-1 TO B-2 Ordinance upon application of Donald L. Moore for a Change of Zoning District Classification from 0-1 Office District to B-2 Community-Business District on certain property located on the west side of Chimney Hill Parkway, 229 feet south of Holland Road. Said parcel contains 3-372 acres. Plats with more detailed information are available in the Department of Planning. KF14PSVILLE BOROUGH. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John A. Baum, Vice Mayor Meyera E. Oberndorf and John L. Perry - 25 - Item V-F.l.g. PUBLIC HEARING PLANNING ITEM # 29442 Hope Ludwig, represented the applicant and requested WITHDRAWAL. Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of THE FIRESTONE TIRE AND RUBBER COMPANY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE FIRESTONE TIRE AND RUBBER COMPANY FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHTCLE SALES AND RENTAL Ordinance upon application of The Firestone Tire and Rubber Company for a Conditional Use Permit for motor vehicle sales and rental on Parcel N, Bonney's Corner. Said parcel is located at 1398 Fordham Drive and contains 30,623 square feet. KDIPSVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf This item was MOVED FORWARD on the AGENDA. Item V-F.I.g. and V-F.l.o were voted upon together. - 26 - Item V-F.l.h. PUBLIC HEARING PLANNING ITEM # 29443 Bruce Gallup, 315 First Colonial Road, Phone: 428-8132, surveyor who represented the Knapp Family. The applicant has agreed to reduce the amount of retai,l to 5,000 square feet. This is a specialty operation for the exclusive retail sales of orchids and supplies and maintenance associated with orchids. There will be 16 parking spaces provided. Ralph E. Knapp, the applicant, advised the type of construction is similar to the London Bridge Greenhouse with wood construction both attracti,ve and functional. Upon motion by Councilwoman McClanan, seconded by Councilman Fentress, City Council ADOPTED an Ordinance upon application of RALPH E. KNAPP for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RALPH E. KNAPP FOR A CONDITIONAL USE PERMIT FOR RETAIL SALES OF GARDEN SUPPPLIES, EQUIPMENT AND MATERIAL IN CONJUNCTION WITH A PLANT NURSERY R05881141 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ralph E. Knapp for a Conditional Use Permit for retail sales of garden supplies, equipment and material in conjunction with a plant nursery on certain property located on the north side of Holland Road, .3 mile south of Landstown Road. Said parcel contains 1.2 acres Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGII. The following conditi.ons shall be required: 1. The utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 2. Existing trees shall be preserved where feasible. An approvable detailed tree protection plan Must be submitted to the City Arborist for review. 3. The submitted site plan is to be amended to reduce the retail space to 500 square feet as per the proposed Comprehensi.ve Zoning Ordinance. This space must be totally enclosed. 4. Retail sales shall be limited exclusively to orchids, supplies and mai,ntenance products associated with orchi.ds. - 27 - Item V-F.l.h. PUBLIC HEARING PLANNING ITEM # 29443 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- third day of May, Nineteenth Hundred and Eighty-eight. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: Council Members Absent: John A. Baum and Vice Mayor Meyera E. Oberndorf - 28 Item V-F.l.i. PUBLIC HEARING PLANNING ITEM # 29444 Craig Allen, 800 Newtown Road, Phone: 473-3020, Partner in Tale Associ,ates, represented the applicant. Craig Allen advised the cost for storage of an RV, boat or car per month would be approximately $45-00. Upon motion by Councilman Perry, seconded by Councilman Hei,schober, City Council ADOPTED an Ordinance upon application of TALC ASSOCIATES, a Virginia General Partnership for a Conditional Use Permit for bulk storage (RV's, boats, cars, etc.) ORDINANCE UPON APPLICATION OF TALC ASSOCIATES, A VIRGINIA GENERAL PARTNERSHIP FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE (RV's, boats, cars, etc.) R05881142 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGTNIA Ordinance upon application of Talc Associates, a Virginia General Partnership for a Conditional Use Permit for bulk storage (RV's, boats, cars, etc.) on certain property located on the west side of Broad Meadows Boulevard, 110 feet more or less north of Newtown Road. Said parcel contains 33,105.60 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The followi,ng conditi,ons shall be required: 1. The entrance on Broad Meadows Boulevard shall be used only to provide access for emergency vehicles. 2. A chain li,nk fence is permissible with sufficient shrubbery high enough to provide screening along the northern, eastern and western boundary lines. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the Ci,ty of Virginia Beach, Vi,rgi,nia, on the Twenty- third day of May, Nineteenth Hundred and Eighty-eight. - 29 - Item V-F.1.1. PUBLIC HEARING PLANNING ITEM # 29444 (Continued) Voting: 7-2 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan,* Nancy K. Parker and John L. Perry Council Members Voting Nay: Barbara M. Henley and John D. Moss Council Members Absent: John A. Baum and Vice Mayor Meyera E. Oberndorf - 30 - Item V-F.I.j. PUBLIC HEARING PLANNING ITEM # 29445 Peter Burkhimer, 3351 Stoneshore Road, Phone: 468-6800, of the Firm Engineering Services, Inc., agent for the applicant. Peter Burkhimer requested the first two stipulations be modified or eliminated. Reverend Vincent Losciale, Senior Pastor of THE BEACH FEIJOWSHIP Church. Reverend Losciale advised The Beach Fellowship is currently in Virginia Beach Junior High School. To build a permanent facility for the Church, they have contracted these four acres of land. Vincent Losciale requested Members of the Congregati,on in the audience to stand and displayed a renderi,ng of the Church. The Red Mill Farms Civic Association voted to support the building of the church. The following registered in support of the application but WAIVED their right to speak: Willis 0. Oster, 215 Brooke Avenue, Phone: 624-1601, represnted the applicant Robin Ferguson, 425 General Booth Boulevard, Phone: 428-8050 Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of THE BEACH FELLOWSHIP for a Conditional Use Permit for a church: ORDINANCE UPON APPLICATION OF THE BEACH FELLOWSHIP FOR A CONDITIONAL USE PERMIT FOR A CHURCH R05881143 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Beach Fellowship for a Conditional Use Permit for a church on certain property located on the west side of General Booth Boulevard, 664.69 feet south of Gallary Avenue. Said parcel contains 3.922 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. No access via Rollins Court. 2. Access to General Booth Boulevard will be via the access road afforded the day care center (Parcel "All) , adjacent on the northeast. Additional curb cut onto General Booth Boulevard wi,ll not be permitted. 3. The uti,li,zation of Best Management Practices for controlling stormwater runoff whi,ch are reasonably applicable to the development of the site and in keeping with the recommendations for the proposed Back Bay/North Landing River Management District. - 31 - Item V-F.l.k. PUBLIC HEARING PLANNING ITEM # 29445 (Continued) 4- Category I screening is required along the northern property line adjacent to residential development. 5. A right-turn lane is required with this site. The entrance is to be increased to thirty-six (361) feet and align with the median opening. 6. The service road to be built as described in the site plan. Service road to be installed between the existing scenic strip and the subject site. 7. The removal of any trees in this scenic strip for the right-turn lane must be replaced by the applicant. 8. The lighting shall be directed away from the residential areas. 9. The trees shall remain along the southern, eastern and northern property lines. 10. The parking lot will include Category I Landscaping and as many trees as possible will remain in additi,on to trees being planted in front. 11. Development will comply with the site plan rendering presented to City Council on May 23, 1988. 12. The Church will only be utilized for worship and related purposes with no overnight occupancy. 13. The acoustics of the Church will not allow any sound to disturb the adjacent neighborhood. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- third day of May, Nineteenth Hundred and Eighty-eight. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum and Vice Mayor Meyera E. Oberndorf - 32 - Item V-F.l.k. PUBLIC HEARING PLANNING ITF14 # 29446 The followi.ng spoke in support of the application: Reverend Leo Manolo, 5405 Homeward Drive, Phone: 424-4773, Director of the Ti.dewater Council for Filipino Ministry. The Catholic Diocese of Richmond has established this Fili,pino Ministry which has been in existance for eight (8) years. There will be three major activities during the year. The average attendance will be approximately 200. Purchase of the property is contingent to the Conditional Use Permit. Jesus T. Ignacio, 2101 Firman Street, Chesapeake, Phone: 487-7858, Realtor, advised the new facility is in anticipation of an occasional religious celebration, one in May, one in September and possibly one in October for the new Filipino Saint. The seating capacity of 1,000 was expected to be utilized during the festival in May. The applicant is amendable to decreasi,ng the seating capacity if the nel,ghborhood objects to the increased traffic pattern. The facility is going to be 13,000 square feet. Attorney Frank F. Arness, 1313 Thyme Trail, Chesapeake, Virginia, Phone: 420- 8990, represented the applicant. Attorney Arness advised this is a a direct route on Avalon, with a short left turn on Normandy Avenue and directly into the property. The Church is not a facility wi.th a large gathering coming in on a Sunday morning. The Filipino Community is largely centered in the Kempsville area and has needed a faci,li,ty for some time to address their particular festivals and ceremonies unique to that organization. Dr. Risa Faith Dajao, advised of errors in preception. This is not a church group with regular masses and servi,ces. Mainly prayer meetings are held i,n spiritual centers. There are only three major feast days in May and September. These are family oriented occasions geared toward having the children learn the Fildpino way of life. The following spoke in OPPOSITION: Paul Hamaker, 705 Fiona Lane, Phone: 420-9620, represented the Woods of Avalon and Avalon Terrace Civi,c League. Paul Hamaker advised this wi,ll be more than double the size of the structure presently in existance. Will Bullard, 5721 Normandy Avenue, Phone: 424-7523. Mr. Bullard advised he lived right across the street from the proposed project. Mr. Bullard was concerned about the facility being classified as a "spiritual center". Bruce Hedlund, 5725 Normandy Avenue, Phone: 420-5666. Mr. Hedlund advised he also lived right across the street from the proposed project. As he is involved in construction, Mr. Hedlund advised you do not build a 1,000 seat auditorium for two days of use. As Avalon and Normandy Avenue are narrow, the neighborhood could not handle this increase in traffic. Upon motion by Councilman Moss, seconded by Councilwoman McClanan, City Council DENIED an Ordinance upon application of TIDEWATER COUNCIL for FILIPINO MINISTRY (TCFM) for a Conditi,onal Use Permit for a church. ORDINANCE UPON APPLICATION OF TIDEWATER COUNCIL FOR FILIPINO MINISTRY (TCFM) FOR A CONDITIONAL USE PERMIT Ordinance upon application of Tidewater council for Filipino Ministry (TCFM) for a Conditional Use Permit for a church on Tract 13, Avalon Terrace. Said parcel is located at 5720 Normandy Avenue and contains 13 acres. KEMPSVILLE BOROUGH. - 33 Item V-F.l.k. PUBLIC HEARING PLANNING ITEM # 29446 (Continued) Voting: 7-2 Council Members Voting Aye: Albert W. Balko, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker Council Members Voting Nay: Robert E. Fentress and John L. Perry Council Members Absent: John A. Baum and Vice Mayor Meyera E. Oberndorf - 34 - Item V-F.1.1. PUBLIC HEARING PLANNING ITEM # 29447 Lyle T. Smith, 2033 Salem Road, Phone: 471-1192, the applicant represented himself and requested DEFERRAL of ninety (90) days to secure access from the back of his property to the public street. Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council DEFERRED for ninety days until the City Council Meeting of August 22, 1988, an application of LYLE T. AND MARY E. SMITH for a Variance to Section 4.4(b) of the Subdivision Ordinance, that all lots being created in the R-6 Residential District have a lot width of 75 feet. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Lyle T. & Mary E. Smith. Property is located at 2033 Salem Road. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum and Vice Mayor Meyera E. Oberndorf - 35 - Item V-F.l.m. PUBLIC HFARING PLANNING ITEM # 29448 Paul S. & Bonnie J. Arthur, 1846 Salem Road, Phone: 471-2321, the applicants represented themselves. This property is comprised of Lots 31, 32 and 33 of the Rock Creek Subdivision. The applicant is requesting a Variance to enable access from Salem Road onto Lot 32 on which the house is situated. This home is approximately 80 years old. The applicant distributed petitions in support of the application. A MOTION was made by Councilman Moss, seconded by Councilwoman Parker to DENY application of Paul S. and Bonnie J. Arthur for a Variance to Section 4.1(d) of the Subdivision Ordinance, which gives authority to the Planning Department to require measures to protect the integrity of existing and planned major arterials, on property located at 1846 Salem Road (Kempsville Borough). A SUBSTITUTE MOTION was made by Councilman Heischober, seconded by Councilman Perry to APPROVE the application of Paul S. and Bonnie J. Arthur for a Variance to Section 4.1(d) of the Subdivision Ordinance, which gives authority to the Planning Department to require measures to protect the integrity of existing and planned major arterials, on property located at 1846 Salem Road (Kempsville Borough) with the condition of no access (ingress and egress) from Salem Road to Lots 31 and 33. Councilman Moss requested the additional condition of bearing the expense of closing the interior curb cut. Councilman Perry did not agree with this condition. Upon AMENDED MOTION by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED the application of PAUL S. AND BONNIE J. ARTHUR for a Variance to Section 4.1(d) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Paul S. & Bonnie J. Arthur. Property is located at 1846 Salem Road. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. Applicant will bear the expense of closing interior curb cut. 2. No access from Salem Road to Lots 31 and 33. - 36 - Item V-F.l.m. PUBLIC REARING PLANNING ITEM # 29448 (Continued) Voting: 5-4 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley and John L. Perry Council Members Voting Nay: @layor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker Council Members Absent: John A. Baum and Vice Mayor Meyera E. Oberndorf - 37 - Item V-F.l.n. PUBLIC HEARING PLANNING ITEM # 29449 Attorney Grover Wright represented the applicant and advised of the submassion of an agreement MODIFYING the application to B-lA Limited Community Business District This area is recommended by the Comprehensive Plan as suitable for Office-Commercial Use. The proffers have eliminated every conceivable obnoxious use imaginable. OPPOSITION: Rogers Arghyris, 500 Lord Dunmore Drive, Phone: 498-2900 (DAY) 490-2131 (NIGHT) advised the traffic count in 1985 at Princess Anne Road and Kempsville Plaza was 20,422 cars. This 112 block is west of Lord Dunmore. In 1986, the Traffic Count at Baxter Road was 27,000 cars. Dr. Ray Lee, 664 Rosaer Lane, Phone: 420-5202, President of the Fairfield Civic League and advised the lack of specificity as to what will be placed at this location with an already existing major traffic problem. John A. Otocka, 5320 Auishire Court, represented the Kemspville Merchants & Professionals Association. The Association has requested DENIAL of the B-2. This application could interrupt the historical look of Kempsville. The B-IA Zoning would be considered as a possibility with design consistent with historical area. Robert Scott, Director of Planning, advised the legislative intent of B-lA Limited Commiinity Business District. Councilman Moss inquired relative no curb cuts on Lord Dunmore and the closest curb cut moving towards Fairfield be no closer than 50 feet from the border edge of the easement for a total of 100 feet. Landscaping that distance between the applicant's Property and Lord Dunmore shall be addressed as acceptable to City Staff. Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of HUGH E. OWENS, JR. for a Change of Zoning. ORDINANCE UPON APPLICATION OF HUGH E. OWENS, JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO @ B-IA (AS MODIFIED) Z05881201 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hugh E. Owens, Jr., for a Change of Zoning District Classification from R-5 Hesidential District to B 2 Cgm B-lA (AS MODIFIED) at the southeast corner of Princess Anne Road and Lord Dunmore Drive. Said parcel is located at 5233 Princess Anne Road and contains 1.6 acres. Plats with more detailed information are available in the Department of Planing. KEMSPVILLE BOROUGH. - 38 - Item V-F.l.n. PUBLIC HEARING PLANNING ITEM # 29449 (Continued) The following conditions shall be required: A fifty-foot (50') drainage easement is required along the southern property line. The following conditions should be required at the time of development: 1. All entrances shall be restricted to Lord Dunmore Drive (at the location as indicated 50 feet north of the beginning of the easement) and no curb cuts will be allowed on Princess Road. 2. A fifteen (15') foot buffer and Category TV screening in accordance with proposed landscaping, screening and buffering specifications and standards, are required adjacent to property zoned for residential use. The buffer and landscaping must be located outside the existing easements. 3. The utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site. 4. An agreement encompassing proffers shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach and is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virgini.a, on the Twenty- third day of May, Nineteenth Hundred and Eighty-eight. Voting: 6-3 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, and John L. Perry Council Members Voting Nay: Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: John A. Baum and Vice Mayor Meyera E. Oberndorf - 39 - Item V-F.l.o. PUBLIC HEARING PLANNING ITEM # 29450 Nicholas J. Hutsko, 5253 Indian River Road, Phone: 495-2226, represented the applicant and requested WITHDRAWAL. Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of H & B INVESTMENTS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF H & B INVESTMENTS FOR AN AUTO REPAIR ESTABLISHMENT Ordinance upon application of H & B Investments for a Conditional Use Permit for an auto repair establishment on the south side of Indian River Road, 150 feet more or less east of Kempsville Road. Said parcel is located at 5253 Indian River Road and contains 23,697 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Vice Mayor Meyera E. Oberndorf This item was MOVED FORWARD on the AGENDA. Ttem V-F.l.g. and V-F.I.o were voted upon together. - 40 - Item V-F.l.p. PUBLIC HEARING PLANNING ITEM # 29451 Attorney Andrew S. Fine, 6810 Ocean Front, Phone: 428-5523, represented the applicant Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of CHECKERED FLAG MOTOR CAR COMPANY, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR CAR CO., INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND REPAIR R05881144 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIHGINIA BEACH, VIRGINIA Ordinance upon application of Checkered Flag Motor Car Co., Inc. for a Conditional Use Permit for motor vehicle sales an@ repair on certain property located south of Virginia Beach Boulevard, 620 feet more or less east of Clearfield Avenue. Said parcel is located at 5209 Virginia Beach Boulevard and contains 1.75 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. On-site retention may be required during detailed site plan review. 2. Where feasible, existing on-site trees must be preserved. An approved detailed tree protection plan must be submitted to the City Arborist for review. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- third day of May, Nineteenth Hundred and Eighty-eight. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum and Vice Mayor Meyera E. Oberndorf - 41 - Item V-G. 1 . RESOLUTION ITEM # 29452 Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council ADOPTED: Resolution to deny a proposed Amendment to the Subdivision Ordinance which would relax the standards to be appli,ed in reviewing requests for Subdivision variances. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum and Vice Mayor Meyera E. Oberndorf A RESOLUTION TO DENY A PROPOSED AMENDMENT TO THE SUBDIVISION ORDINANCE WHICH WOULD RELAX THE STANDARDS TO BE APPLIED IN REVIEWING REQUESTS FOR SUBDIVISION VARIANCES WHEREAS, in making recommendations concerning changes to the City's zoning and subdivision ordinances the Planning Commission recommended that the standards pertaining to the award of variances from the City's subdivision requirements be amended so as to allow variances in instances where no hardship has been demonstrated; and WHEREAS, the City Council has deferred action on the proposed amendment; and WHEREAS, the City Council is of the opinion that the proposed amendment is not in the hest interest of the health, safety and welfare of the public and that no further consideration should be given to the adoption of the proposed amendment. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH; That the proposed amendments to Sections 9.2, 9.3 and 9.4 of the Subdivision Ordinance, pertaining to variances, which were deferred by the City Council on April 18, 1988, are hereby denied and removed from further consideration by the Council. ADOPTED by a majority of the Council of the City of 2 3 MaV Virginia Beach on the day of 1988. GLF/rab 05/17/88 - 42 - Item V-H.l.a. ORDINANCFS ITEM # 29453 Robert H. Bennett, 235 74th Street, Phone: 427-1652, represented the applicant Upon motion by Councilman Fentress, seconded by Councilwoman McClanan, City Council DENIED the two (2) Encroaching Signs (Atlantic and Pacific Avenue) and APPROVED the Awning at 206 16th Street, subject to removal by November 1, 1988, i,n the application of C.L.R. Corporation (Upper Deck Restaurant). This Encroachment shall be subject to the following conditions: 1. Said awning shall be removed from the City right- of-way by no iater than November 1, 1988; 2. Conformance of signage on premises to present RT-2 Resort District sign regulations (CZO Section 1513). Conformance would require removal of existing nonconforming signage. 3. Compliance with Resort Facade Program Design Guidelines except as to awning extension and projection signs. 4. Permission for encroachments to be revocable at the pleasure of the City or General Assembly. 5. Execution by applicant of written agreement stating all terms and conditions. Voting: 7-1 Council Members Voting Aye: Albert W. Balkc, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss and John L. Perry Council Members Voti.ng Nay: Nancy K. Parker Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf 1 AN ORDINANCE APPROVING AND AUTHORIZING, 2 UPON CONDITIONS, AN ENCROACHING AWNING 3 ON THE PREMISES OF THE UPPER DECK RESTAURANT, 4 206 16TH STREET, VIRGINIA BEACH BOROUGH 5 WHEREAS, C.L.R. Corporation, the owner and operator of 6 the Upper Deck, a restaurant establishment at 206 16th Street, in 7 the Borough of Virginia Beach, is located, has applied for 8 approval to maintain an existing awning and two existing signs on 9 the aforesaid premises; and 10 WHEREAS, the said awning and signs encroach over the 11 City right-of-way; and 12 WHEREAS, Section 33-114.1 of the Code of the City of 13 Virginia Beach prohibits signs and awnings encroaching into or 14 over the City right-of-way except by consent of the City Council, 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 16 THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 That C.L.R. Corporation be, and hereby is, granted 18 approval and authorization to maintain an encroachment by the 19 existing awning on the premises of The Upper Deck, 216 16th 20 Street, in the City of Virginia Beach, upon all of the following 21 conditions: 22 1. The said awning shall be removed from the City 23 right-of-way by no later than November 1 1988; 24 2. The applicant shall indemnify the City for any 25 damages incurred by it by reason of the encroachment; 26 3. The authorization hereby granted shall be 27 revocable at the pleasure of the City or the General Assembly; 28 4. The applicant shall execute a written agreement 29 with the City stating all terms and conditions of the 30 authorization hereby granted. 31 And the application of C.L.R. Corporation for 32 permission to maintain encroachments by the aforesaid signs be, 33 and hereby is, denied. 34 35 Adopted this 23 day of May, 1988, by the Council of 36 the City of Virginia Beach, Virginia. 37 WMM/dhh 38 CLR.ORD 39 CA-02727 40 05/18/88 2 - 43 - Item V-H.l.b. ORDINANCFS ITEIA # 29454 Attorney Constantine A. Spanoulis, Suite 201, 2832 South Lynnhaven Road, Phone: 486-7880 Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council DENIED an Encroachment on the Roof and ADOPTED an Ordinance approvi,ng an encroaching Canopy and sign 1-1/2 feet cut off each end and back lit awning over entrance to the restaurant in the application of George Kotarides, Sr. (Milton's Pizza). The following conditions of the Encroachment for the Canopy shall be required: 1. Conformance of signage on building to present R-2 Resort Tourist District sign regulations (CZO Section 1513) and general City sign regulations. Conformance would include removal of sign presently on canopy, roof sign and wall painting. 2. The building canopy appears to be a structurally integral part of the building. In similar cases, the Committee has recommended approval to keep the canopy, but only if all signage on it is removed. Applicant has stated his willingness to remove roof sign and wall painting and to cut 1-1/2 feet off of each side of sign on canopy. 3. The awning above the doorway of the establishment shall not contain letteri,ng greater than six inches in height. 4. Execution of written agreement by appli,cant. 5. Compliance with applicable building code requirements. 6. Compliance wih Resort Area Facade Program Design Guidelines. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf I AN ORDINANCE APPROVING AND AUTHORIZING, 2 UPON DONDITIONS, AN ENCROACHING CANOPY AND SIGN 3 ON THE PREMISES OF THE MILTON'S PIZZA, 4 2410 ATLANTIC AVENUE, VIRGINTA BEACH BOROUGH 5 WHEREAS, George Kotarides, Sr., the owner of the 6 property on which Milton's Pizza, a restaurant establishment at 7 2410 Atlantic Avenue, in the Borough of Virginia Beach, is 8 located, has applied for approval to maintain an existing canopy 9 and sign on the aforesaid premises; and 10 WHEREAS, the said canopy and sign encroach over the 11 City right-of-way on Atlantic Avenue; and 12 WHEREAS, Section 33-114.1 of the Code of the City of 13 Virginia Beach prohibits canopies and signs encroaching into or 14 over the city right-of-way except by consent of the City Council, 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 16 THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 That George Kotarides, Sr. be, and hereby is, granted 18 approval and authorization to maintain an encroachment by the 19 existing canopy and sign on the premises of Milton's Pizza, 2410 20 Atlantic Avenue, in the City of Virginia Beach, upon all of the 21 following conditions: 22 1. The canopy shall be maintained in accordance with 23 all applicable building code requirements; 24 2. All signage on the premises shall conform to 25 present City signs regulations, including, without limitation, 26 the RT-2 Resort Tourist District sign regulations set forth in 27 Section 1513 of the City Zoning Ordinance; and further, that the 28 existing sign on the aforesaid canopy be reduced in size by one 29 and one-half feet on each end of the sign; 30 3. The premises shall conform at all times with the 31 Resort Area Facade Program Design Guidelines; 32 4. The awning above the doorway of the establishment 33 shall not contain lettering greater than six inches in height; 34 5. The applicant shall indemnify the city for any 35 damages incurred by it by reason of the encroachments; 36 6. The authorization hereby granted shall be 37 revocable at the pleasure of the City or the General Assembly; 38 7. The applicant shall execute a written agreement 39 with the City stating all terms and conditions of the 40 authorization hereby granted. 41 Adopted this 23 day of May, 1988, by the Council 42 of the City of Virginia Beach, Virginia. 43 WMM/dhh 44 MILTONIS.ORD 45 CA-02722 46 05/18/88 2 - 44 - Item V-H.l.c. ORDINANCES ITEM # 29455 Jerry Chaplain, 16th Ocean Front, Phone: 428-0948, the applicant represented himself Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council DENIED an Ordinance authorizing an excroaching free-standing sign on the premises of the Kona Kai East Hotel, 16th Street and Oceanfront in the application of Jerry Chaplain. Voting: 6-2 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan and Nancy K. Parker Council Members Voting Nay: John D. Moss and John L. Perry Council Members Absent: John A. Baum, Barbara M. Henley and Vice Mayor Meyera E. Oberndorf - 45 - Item V-H.l.d. ORDINANCES ITEM # 29456 Attorney Andrew S. Fine, 6810 Ocean Front, Phone; 428-5523, represented the applicant Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council ADOPTED an Ordinance approving and authorizing upon conditions, an encroaching awni.ng on the premises of the Sun Dial, 1908 Atlantic Avenue. The following condi,tions shall be required: 1. Awning to re removed by November 1, 1988. 2. Conformance of signage on building to general City sign regulations and to RT-2 Resort Tourist District sign regulations (CZO Section 1513). 3. Appli,cant to indemnify City for all damages incurred by reason for the encroachment. 4. Permission for encroachment to be revocable at the pleasure of the City or General Assembly. 5. Awning be painted to match one of the colors of the valance. 6. Execution by applicant of written agreement stating all terms and conditions. 7. Compliance with Resort Area Facade Program Design Guidelines. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voti.ng Nav: None Counci,l Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf 1 AN ORDINANCE APPROVING AND AUTHORIZING, 2 UPON CONDITIONS, AN ENCROACHING AWNING 3 ON THE PREMISES OF THE SUN DIAL, 4 1908 ATLANTIC AVENUE, VIRGINIA BEACH BOROUGH 5 WHEREAS, Charles R. Hull, the owner of the property on 6 which The Sun Dial, a retail establishment at 1908 Atlantic 7 Avenue, in the Borough of virginia Beach, is located, has 8 applied for approval to maintain an existing awning on the 9 aforesaid premises until November 1, 1988; and 10 WHEREAS, the said awning encroaches over the City 11 right-of-way on Atlantic Avenue; and 12 WHEREAS, Section 33-114.1 of the Code of the City of 13 Virginia Beach prohibits awnings encroaching into or over the 14 City right-of-way except by consent of the City Council, 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 16 THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 That Charles R. Hull be, and hereby is, granted 18 approval and authorization to maintain an encroachment by the 19 existing awning on the premises of The Sun Dial, 1908 Atlantic 20 Avenue, in the City of Virginia Beach, upon all of the following 21 conditions: 22 1. The said awning shall be removed by no later than 23 November 1, 1988; 24 2. All signage on the premises shall conform to 25 present City signs regulations, including, without limitation, 26 the RT-2 Resort Tourist District sign regulations set forth in 27 Section 1513 of the City Zoning Ordinance; 28 3. The premises shall conform at all times with the 29 Resort Area Facade Program Design Guidelines; 30 4. The applicant shall indemnify the City for any 31 damages incurred by it by reason of the encroachments; 32 S. The authorization hereby granted shall be 33 revocable at the pleasure of the City or the General Assembly; 34 6. The applicant shall execute a written agreement 35 with the City stating all terms and conditions of the 36 authorization hereby granted. 37 7. The awning shall be painted one of the colors 38 matching the valance. 39 Adopted this 23 day of May, 1988, by the Council 40 of the city of Virginia Beach, Virginia. 41 WMM/dhh 42 SUNDIAL.ORD 43 CA-02726 44 05/18/88 2 46 - Item V-H.l.e. ORDINANCES ITEM # 29457 Attorney Andrew S. Fine, 6810 Ocean Front, Phone: 428-5523, represented the applicant Upon motion by Councilman Fentress seconded by Counclman Perry, City Council ADOPTED an Ordinance approving and authorizing upon conditions, an encroaching awning on the Premises of Cape Henry Club, 203 lgth Street. The following condi,tions shall be required: 1. Awning to be removed by November 1, 1988. 2. Permission for encroachment to be revocable at the pleasure of the Ci,ty or General Assembly. 3. Applicant to indemnify the City for any damages incurred by reason of the encroachment. 4. Execution by applicant of written agreement stating all terms and conditions. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf 1 AN ORDINANCE APPROVING AND AUTHORIZING, 2 UPON CONDITIONS, AN ENCROACHING AWNING 3 ON THE PREMISES OF THE CAPE HENRY CLUB, 4 203 19TH STREET, VIRGINIA BEACH BOROUGH 5 WHEREAS, Charles R. Hull, the owner of the property on 6 which The Cape Henry Club, an establishment at 203 19th Street, 7 in the Borough of Virginia Beach, is located, has applied for 8 approval to maintain an existing awning on the aforesaid 9 premises; 10 WHEREAS, the said awning encroaches over the City 11 right-of-way on 19th Street; and 12 WHEREAS, Section 33-114.1 of the Code of the City of 13 Virginia Beach prohibits awnings encroaching into or over the 14 City right-of-way except by consent of the City Council, 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 16 THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 That Charles R. Hull be, and hereby is, granted 18 approval and authorization to maintain an encroachment by the 19 existing awning on the premises of The Cape Henry Club, 203 19th 20 Street, in the City of Virginia Beach, upon all of the following 21 conditions: 22 1. The said awning shall be removed by no later than 23 November 1, 1988; 24 2. The applicant shall indemnify the City for any 25 damages incurred by it by reason of the encroachments; 26 3. The authorization hereby granted shall be 27 revocable at the pleasure of the City or the General Assembly; 28 4. The applicant shall execute a written agreement 29 with the City stating all terms and conditions of the 30 authorization hereby granted. 31 Adopted this 23 day of May, 1988, by the Council of 32 the City of Virginia Beach, Virginia. 33 WMM/dhh 34 CAPEHEN.ORD 35 CA-02721 36 05/18/88 2 - 47 - Item V-H.l.f. ORDINANCES ITEM # 29458 Attorney Andrew S. Fine, 6810 Ocean Front, Phone: 428-5523, represented the applicant Upon motion by Councilman Fentre3s, seconded by Councilwoman Parker, City Council ADOPTED an Ordinance approving and authorizi,ng upon conditions, encroaching awnings on the Premises of Souvenir City, 2508 Atlantic Avenue. The following conditions shall be required: 1. Awnings to be removed by November 1, 1988. 2. Conformance of signage to general City sign regulations and RT-2 Resort Tourist District sign reulations (CZO Section 1513). 3. Conformation to Resort Area Facade Program Design Guidelines. 4. Applicant to indemnify the City for any damages incurred by reason of the encorahcment. 5. Permission for encroachment to be revocable at the pleasure of the City or Genral Assembly. 6. Execution by applicant of written agreement stating all terms and conditions. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, 14ayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf I AN ORDINANCE APPROVING AND AUTHORIZING, 2 UPON CONDITTONS, CERTAIN ENCROACHMENTS 3 ON THE PREMISES OF SOUVENIR CITY, 4 2508 ATLANTIC AVENUE, VIRGINIA BEACH BOROUGH 5 WHEREAS, Charles R. Hull, the owner of the property on 6 which Souvenir City, a retail establishment at 2508 Atlantic 7 Avenue, in the Borough of Virginia Beach, is located, has 8 applied for approval to maintain three existing awnings on the 9 aforesaid premises until October 1, 1989; and 10 WHEREAS, the said awnings encroach over the City 11 right-of-way on Atlantic Avenue; and 12 WHEREAS, Section 33-114.1 of the Code of the City of 13 Virginia Beach prohibits awnings encroaching into or over the 14 City right-of-way except by consent of the City Council, 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 16 THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 That Charles R. Hull be, and hereby is, granted 18 approval and authorization to maintain encroachments by the 19 existing awnings on the premises of Souvenir City, 2508 Atlantic 20 Avenue, in the City of Virginia Beach, upon all of the following 21 conditions: 22 1. The said awnings shall be removed by no later than 23 November 1, 1988; 24 2. All signage on the premises shall conform to 25 present City signs regulations, incluaing, without limitation, 26 the RT-2 Resort Tourist District sign regulations set forth in 27 Section 1513 of the City Zoning Ordinance; 28 3. The premises shall conform at all times with the 29 Resort Area Facade Program Design Guidelines; 30 4. The applicant shall indemnify the City for any 31 damages incurred by it by reason of the encroachments; 32 5. The authorization hereby granted shall be 33 revocable at the pleasure of the City or the General Assembly; 34 6. The applicant shall execute a written agreement 35 with the City stating all terms and conditions of the 36 authorization hereby granted. 37 Adopted this 23 day of May, 1988, by the Council 38 of the City of Virginia Beach, Virginia. 39 WMM/dhh 40 SOUVCITY.ORD 41 CA-02725 42 05/18/88 2 Item V-H.l.g. ORDINANCES ITEM # 29459 Attorney Andrew S. Fine, 6810 Ocean Front, Phone: 428-5523, represented the applicant Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED an Ordinance approving and authorizing upon condition, an encroaching building canopy on the premises of Beach Bodies, 1904-B. Atlantic Avenue: The following conditions shall be required: 1. The Building Canopy to be removed by November 1, 1988. 2. Execution by applicant of written agreement stating all terms and conditions. 3. Applicant to indemnify the City for any damages incurred by reason of the encroachment. 4. Permission for encroachment to be revocable at the pleasure of the City or General Assembly. 5. No signage allowed on canopy. 6. Canopy to be maintained in good condition at all ti,mes. 7. Conformation to Resort Area Facade Program Design Guidelines. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf 1 AN ORDINANCE APPROVING AND AUTHORTZING, 2 UPON CONDITIONS, AN ENCROACHING CANOPY 3 ON THE PREMISES OF BEACH BODIES, 4 1904-B ATLANTIC AVENUE, VIRGINIA BEACH BOROUGH 5 WHEREAS, Charles R. Hull, the owner of the property on 6 which Beach Bodies, a retail establishment at 1904-B Atlantic 7 Avenue, in the Borough of Virginia Beach, is located, has 8 applied for approval to maintain an existing building canopy on 9 the aforesaid premises; and 10 WHEREAS, the said canopy encroaches over the City 11 right-of-way on Atlantic Avenue; and 12 WHEREAS, Section 33-114.1 of the Code of the City of 13 Virginia Beach prohibits canopies encroaching into or over the 14 City right-of-way except by consent of the City Council, 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 16 THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 That CharleS R. Hull be, and hereby is, granted 18 approval and authorization to maintain an encroachment by the 19 existing building canopy on the premises of Beach Bodies, 1904-B 20 Atlantic Avenue, in the City of Virginia Beach, upon all of the 21 following conditions: 22 1. The said canopy shall be removed by no later than 23 November 1, 1988; 24 2. No signage shall be permitted on the canopy; 25 3. The applicant shall enter into the Design 26 Assistance Program sponsored by the city; 27 4. The applicant shall indemnify the City for any 28 damages incurred by it by reason of the encroachment; 29 5. The authorization hereby granted shall be 30 revocable at the pleasure of the City or the General Assembly; 31 6. The applicant shall execute a written agreement 32 with the City stating all terms and conditions of the 33 authorization hereby granted. 34 Adopted this 23 day of May, 1988, by the Council 35 of the City of Virginia Beach, Virginia. 36 WMM/dhh 37 BBODIES.ORD 38 CA-02724 39 05/18/88 2 - 49 - Item V-H.l.h. ORDINANCES ITEM # 2946o Attorney Andrew S. Fine, 6810 Ocean Front, Phone: 428-5523, represented the applicant Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council ADOPTED an Ordi,nance approving and authorizing upon conditi,on, an encroachi.ng theatre marquee on the premises of the Beach Theatre, 2500 Atlantic Avenue. The following conditions shall be required: 1. All five faces of marquee to be repaired, including replacement of missing or broken panels. 2. Signage not to exceed a total sign allowance for that unit known as "Beach Theatre". 3. Building facade to be repaired, including replacement of broken windows and removal of graffiti. 4. Applicant to indemnify City of any damages incurred by reason of the encrachment 5. Permission for encroachment to be revocable at the pleasure of the City or General Assembly. 6. Marquee to comply with all applicable bui,lding codes and to be maintained in good repair at all times. 7. Execution by applicant of written agreement stating all terms and conditions. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Hobert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf 1 AN ORDINANCE APPROVING AND AUTHORIZING, 2 UPON CONDITIONS, AN ENCROACHMENT ON 3 THE PREMISES OF THE BEACH THEATRE, 4 2500 ATLANTIC AVENUE 5 WHEREAS, Charles R. Hull, the owner of the Beach 6 Theatre, located at 2500 Atlantic Avenue, in the Borough of 7 Virginia Beach, has applied for approval to maintain an existing 8 theatre marquee on the aforesaid premises; and 9 WHEREAS, the said marquee encroaches over the City 10 right-of-way on Atlantic Avenue; and 11 WHEREAS, Section 33-114.1 of the Code of the City of 12 Virginia Beach prohibits marquees encroaching into or over the 13 City right-of-way except by consent of the City Council, 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 15 THE CITY OF VIRGINIA BEACH, VIRGINIA: 16 That Charles R. Hull be, and hereby is, granted 17 approval and authorization to maintain an encroachment by the 18 existing marquee on the premises of the Beach Theatre, 19 2500 Atlantic Avenue, in the City of Virginia Beach, upon all of 20 the following conditions: 21 1. The marquee shall be repaired, including the 22 repair or replacement of all missing or broken panels, as soon as 23 is reasonably possible; 24 2. Lettering shall be permitted on each of the faces 25 of the marquee, provided that the total surface area of such 26 lettering shall not exceed the sign area allowance for the 27 establishment as set forth by the sign regulations of the RT-2 28 Resort Tourist District; 29 3. The facade of the building shall be repaired, 30 including the replacement of broken windows and removal of 31 graffiti, as soon as is reasonably possible, and shall thereafter 32 be maintained in good repair at all times; 33 4. The applicant shall indemnify the City for any 34 damages incurred by it by reason of the encroachment; 35 5. The authorization hereby granted shall be 36 revocable at the pleasure of the City or the General Assembly; 37 6. The marquee shall at all times be in compliance 38 with all applicable building codes and shall be maintained in 39 good repair and condition at all times; and 40 7. The applicant shall execute a written agreement 41 with the City stating all terms and conditions of the 42 authorization hereby granted. 2 3 43 Adopted this day of May, 1988, by the Council 44 of the City of Virginia Beach, Virginia. 45 WMM/dhh 46 THEATRE.ORD 47 CA-02723 48 05/18/88 2 - 50 - Item V-H.l.i. ORDINANCES ITEM # 29461 William Hugh Kitchin III, 315 26th Street, Phone: 425-1842, represented himself Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council ADOPTED an Ordinance authorizing an encroaching awning on the premises of Kitchin's Kitchen (2525 Atlantic Avenue). This Encroachment shall be subject to the following conditoins: 1. Conformance of si,gnage to Ci,ty sign regulations. 2. Permission for encroachment to be revocable at the pleasure of the City or the General Assembly. 3. Execution by appli,cant of a written agreement stating all terms and conditions. Voti,ng: 7-0 Counci,l Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss and John L. Perry Council Members Voting Nay: None Counci.1 Members Abstaining: Nancy K. Parker Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf Councilwoman Parker ABSTAINED as she and her husband do business with the applicant 1 AN ORDINANCE APPROVING AND AUTHORIZING, 2 UPON CONDITIONS, AN ENCROACHING AWNING 3 ON THE PREMISES OF KITCHIN'S KITCHEN, 4 2525 ATLANTIC AVENUE, VIRGINIA BEACH BOROUGH 5 WHEREAS, W.H. Kitchin, III, the owner of the property 6 on which Kitchin's Kitchen, a restaurant establishment at 2525 7 Atlantic Avenue, in the Borough of Virginia Beach, is located, 8 has applied for approval to erect an awning on the aforesaid 9 premises; and 10 WHEREAS, a portion of the said awning would encroach 11 over the City right-of-way on 26th Street; and 12 WHEREAS, Section 33-114.1 of the Code of the City of 13 Virginia Beach prohibits awnings encroaching into or over the 14 City right-of-way except by consent of the City Council, 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 16 THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 That W.H. Kitchin, III, and hereby is, granted 18 approval and authorization to maintain an encroachment by an 19 awning on the premises of Kitchin'S Kitchen, 2525 Atlantic 20 Avenue, in the City of Virginia Beach, upon all of the following 21 conditions: 22 1. The said awning shall be designed, constructed and 23 located in accordance with the plans and specifications submitted 24 in support of the application; 25 2. All signage on the premises shall conform to 26 present City signs regulations, including, without limitation, 27 the RT-2 Resort Tourist District sign regulations set forth in 28 Section 1513 of the City Zoning Ordinance; 29 3. The premises shall conform at all times with the 30 Resort Area Facade Program Design Guidelines, except as to the 31 recommended extension of awnings; 32 4. The applicant shall indemnify the City for any 33 damages incurred by it by reason of the encroachments; 34 5. The authorization hereby granted shall be 35 revocable at the pleasure of the City or the General Assembly; 36 6. The applicant shall execute a written agreement 37 with the City stating all terms and conditions of the 38 authorization hereby granted. 2 3 39 Adopted this day of May, 1988, by the Council 40 of the City of Virginia Beach, Virginia. 41 WMM/dhh 42 KITCHIN.ORD 43 CA-02728 44 05/18/88 2 - 51 - Item V-H.l.j. ORDINANCES ITEM # 29462 Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City Council DEFERRED INDEFINITELY an Ordinance authorizing the encroachment by a mansard roof on the premises of Donald Pilla (Cafe' Loco) (230 17th Street). The applicant will confer with the Resort Area Facade Program. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Counci,l Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf - 52 - Item V-I. CONSENT AGENDA ITEM # 29463 Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council APPROVED in ONE MOTION, Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA. Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker- and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf "Verbal Aye 53 - Item V-I. 1 CONSENT AGENDA ITEM # 29464 Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council ADOPTED: RESOLUTIONS IN GRATITUDE Thomas A. Barton Mr. and Mrs. Palle Bistrup Virginia Beach Council Hampton Roads Chamber of Commerce Virginia Beach Municipal Employees Federal Credit Union Betty C. Wells Eugene Walters Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker* and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf !'Verbal Aye R E S 0 L U T I 0 N WBF.REAS: America, the land of freedoms, founded upon people helping people, is now a nation of states united--a country which received its birthright from people of many lands coming to the new world; WHEREAS: Birthdays are times for celebration when we recognize not only how that life has been spent and the value of how it has touched others, we also look to the future and weigh its challenges wi,th opportunities to build upon the past and invest in the unknown that lies ahead; WHERFAS: Virginia Beach, as it is known today, was born of the cooperati,ve effort and successful merger of the resort City o@- Vi,rginia Beach with the rural County of Princess Anne January 1, 1963. The City has flourished and become the largest city in the Commonwealth of Virginia as well as the largest resort city in the World; WHERF,AS: In celebration of its Twenty-Fifth year--its Silver Anniversary--Virgi,nia Beach is celebrating and her corporate and business citi.zens enhance this occasion by cooperatively participating in providing the symbolic emblems of our country, state and city to establish FLAG SQUARE at the seat of our government in the Municipal Complex; and, WHEREAS: Thomas A. Barton, owner and President of Beach Ford, Incorporated, in his desi,re to give back to the Ci,ty something in return for his success and the tremendous business he has built here, has contributed nearly Nine Thousand Dollars to provide three (one fifty and two forty- five foot) flag poles as his contri,bution to the City's Twenty-Fifth Birthday. These stalwart emblems of Beach Ford's investment will hold the flags of our country, state and city to be dedicated on FLAG DAY, June 14, 1988. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council accepts this gift in tribute and extends the City's bountiful gratitude to: THOMAS A. BARTON and BEACH FORDY INCORPORATED for this corporate contribution in establishing FLAG SQUARE in celebrati,on of Virginia Beach's Twenty-Fifth Birthday. Given under our hands and seals this Twenty-Third day of May, Nineteen Hundred and Eighty-Eight. Albert W. Balko John A. Baum Robert E. Fentress Harold Heischober Barbara M. Henley Reba S. McClanan John D. Moss Nancy K. Parker John L. Perry Meyera E. Oberndorf, Robert G. Jones, Vice Mayor Mayor R E S 0 L U T I 0 N WHEREAS: America, the land of freedoms, founded upon people helpi,ng people, is now a nation of states uni,ted--a country which received its birthright from people of many lands coming to the new world; WHEREAS: Birthdays are times for celebration when we recognize not only how that li,fe has been spent and the value of how it has touched others, we also look to the future and weigh its challenges with opportunities to build upon the past and invest in the unknown that lies ahead; WHEREAS: Virginia Beach, as it is known today, was born of the cooperative effort and successful merger of the resort City of Vi,rginia Beach with the rural County of Princess Anne January 1, 1963. The City has flourished and become the largest city in the Commonwealth of Virginia as well as the largest resort city in the World; WHEREAS: In celebration of its Twenty-Fifth year--its Silver Anniversary--Virginia Beach is celebrating and her corporate and business citizens enhance this occasion by cooperatively participati,ng in providing the symbolic emblems of our country, state and city to establish FLAG SQUARE at the seat of our government in the Municipal Complex; and, WHEREAS: In celebration of the City's Twenty-Fifth Birthday and the successes they have enjoyed as one of Virginia Beach's leading industries for many years, Mr. and Mrs. Palle Bistrup, owners of U S Flag and Signal Corps have contributed the unique City Flag on its background of ocean blue and bearing the City Seal to be dedicated on FLAG DAY, June 14, 1988. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council accepts this gift in tribute and extends the City's bountiful gratitude to: MR. AND MRS. PAIJE BISTRUP U S FLAG AND SIGNAL CORPS for their contributi,on of the City Flag and i,n establishing FLAG SQUARE in celebration of Virginia Beach's Twenty-Fifth Birthday. Given under our hands and seals this Twenty-Third day of May, Nineteen Hundred Eighty-Eight. Albert W. Balko John A. Baum Robert E. Fentress Harold Heischober Barbara M. Henley Reba S. McClanan John D. Moss Nancy K. Parker John L. Perry Meyera E. Oberndorf, Robert G. Jones, Vice Mayor Mayor R E S 0 L U T I 0 N WHERF,AS: America, the land of freedoms, founded upon helping people, is now a nation of states united--a country which received its birthright from people of many lands coming to the new world; WHEREAS: Birthdays are times for celebration when we recognize not only how that life has been spent and the value of how it has touched others, we also look to the future and weigh its challenges with opportunities to build upon the past and invest in the unknown that lies ahead; WHEREAS: Vi,rginia Beach, as it is known today, was born of the cooperative effort and successful merger of the resort City of Virgi.nia Beach with the rural County of Princess Anne January 1, 1963. The City has flourished and become the largest city in the Commonwealth of Virginia as well as the largest resort city in the World; WHEREAS: In celebration of its Twenty-Fifth year--i,ts Silver Anniversary--Virginia Beach is celebrating and her corporate business citizens enhance this occasion by cooperatively participating in providing the symbolic emblems of our country, state and city to establish FLAG SQUARE at the seat of our government in the Muni,cipal Complex; and, WHEREAS: In celebrati,on of the City's Twenty-Fifth BArthday and their community involvement, the Virginia Beach Council of the Hampton Roads Chamber of Commerce desires to extend its gift of the flag of The Commonwealth of Virginia, representing not only thei.r regional approach but their reflection state-wide to enhance this resort city economically through tourism and industry, to be dedicated on FLAG DAY, June 14, 1988. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council accepts this gift in tribute and extends the City's bountiful gratitude to: VIRGINIA BF.ACH COUNCIL HAMPTON ROADS CHAMBER OF COMMERCE for their contribution of the Virginia State Flag and in establishing FLAG SQUARE in celebration of Virginia Beach's Twenty-Fifth Birthday. Given under our hands and seals this Twenty-Third day of May, Ni,neteen Hundred Eighty-Eight. Albert W. Balko John A. Baum Robert E. Fentress Harold Heischober Barbara M. Henley Reba S. McClanan John D. Moss Nancy K. Parker John L. Perry Meyera E. Oberndorf, Robert G. Jones, Vice Mayor Mayor R E S 0 L U T I 0 N WHERFAS: Ameri.ca, the land of freedoms, founded upon people helping people, is now a nation of states united--a country which received its birthright from people of many lands coming to the new world; WHEREAS: Birthdays are ti,mes for celebration when we recognize not only how that life has been spent and the value of how it has touched others, we also look to the future and weigh its challenges with opportunities to build upon the past and invest in the unknown that lies ahead; WHEREAS: Virginia Beach, as it is known today, was born of the cooperative effort and successful merger of the resort City of Virginia Beach with the rural County of Princess Anne January 1 , 1963. The City has flouri.shed and become the largest city in the Commonwealth of Virginia as well as the largest resort city in the World; WHERF,AS: In celebration of its Twenty-Fifth year--its Silver Anniversary--Virginia Beach is celebrating and her corporate and business citizens enhance this occasion by cooperatively participating in providing the symbolic emblems of our country, state and ci,ty to establish FLAG SQUARE at the seat of our government in the Municipal Complex; and, WHERF,AS: In recognition of twenty-five years of service to the City, and the many fi,elds of service he has rendered in preparatrion of the Office of Chief Executive, the Virginia Beach Yunicipal Employees Federal Credit Union hereby honors AUBREY V. WATTS, JR., CITY MANAGER, with their contribution of the American flag--the stars and stripes forever--the national star spangled banner to be dedicated on FLAG DAY, June 14, 1988. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council accepts this gift in tribute and extends the City's bountiful gratitude to: VIRGINIA BFACH MUNICIPAL EMPLOYEES FEDERAL CREDIT UNION for their contribution of the American Flag and in establi.shing FLAG SQUARE in celebration of Virginia Beach's Twenty-Fifth Birthday. Given under our hands and seals this Twenty-Third day of May, Nineteen Hundred Eighty-eight. Albert W. Balko John A. Baum Robert E. Fentress Harold Heischober Barbara M. Henley Reba S. McClanan John D. Moss Nancy K. Parker John L. Perry Meyera E. Oberndorf, Robert G. Jones, Vice Mayor Mayor R E S 0 L U T I 0 N WHEREAS: America, the land of freedoms, founded upon people helping people, is now a nation of states united--a country which received its birthright from people of many lands coming to the new world; WHEREAS: Birthdays are times for celebration when we recognize not only how that life has been spent and the value of how it has touched others, we also look to the future and weigh its challenges with opportunities to build upon the past and invest in the unknown that lies ahead; WHERF.AS: Virginia Beach, as it is known today, was born of the cooperative effort and successful merger of the resort City of Virginia Beach with the rural County of Princess Anne January 1, 1963. The City has flourished and become the largest city in the Commonwealth of Virginia as well as the largest resort city in the World; WHEREAS: In celebration of its Twenty-Fifth year--its Silver Anniversary--Virginia Beach is seeking ways to commemorate i,ts past and document its history, the talent of one citizen to assemble "a 'thousand words into one picture" has rendered several pen and ink originals by Betty C. Wells, a nationally known and recogni,zed artist. Her concept of the Original Courthouse, old jail and Current Clerk of the Court's Office will long pay tribute to an historic landmark. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council accepts this gift in tribute and extends the City's bountiful gratitude to: BETTY C. WELLS ARTIST for her time, talent and untiring energy to provide these pen and i,nk originals in celebration of the Ci,ty's Twenty-Fifth Birthday. Given under our hands and seals this Twenty-Third day of May, Nineteen Hundred Eighty-Eight. Albert W. Balko John A. Baum Robert E. Fentress Harold Heischober Barbara M. Henley Reba S. McClanan John D. Moss Nancy K. Parker John L. Perry Meyera E. Oberndorf, Robert G. Jones, Vice Mayor Mayor R E S 0 L U T I 0 N WHEREAS: America, the land of freedoms, founded upon people helping people, is now a nation of states united--a country which received its birthright from people of many lands coming to the new world; WHERFAS: Birthdays are times for celebration when we recognize not only how that life has been spent and the value of how it has touched others, we also look to the future and weigh its challenges with opportunities to build upon the past and invest in the unknown that lies ahead; WHEREAS: Virginia Beach, as i.t is known today, was born of the cooperative effort and successful merger of the resort City of Virginia Beach wi.th the rural County of Princess Anne January 1, 1963. The City has flourished and become the largest city in the Commonwealth of Virginia as well as the largest resort city in the World; WHEREAS: In celebration of its Twenty-Fi.fth year--its Silver Anni,versary--Virginia Beach desires to provide an historical case to house memorabilia that all citizens and tourists alike may appreciate the heritage of the original landing of our first settlers on the shores of Virginia Beach and the growth of our City, its accomplishments and the documents that depict thi,s history. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes: EUGENE WALTERS for his personal contribution of One Thousand Dollars to help defray the City's costs of the portable memorabilia case and his participation in celebrating the City's Twenty-Fifth Birthday. Given under our hands and seals this Twenty-Third day of May, Nineteen Hundred Eighty-Eight. Albert W. Balko John A. Baum Robert E. Fentress Harold Heischober Barbara M. HeTley- Reba S. McClanan John D. Moss Nancy K. Parker John L. Perry Meyera E. Oberndorf, Robert G. Jones, Vice Mayor Mayor - 54 - Item V-I.2a/b/c/ CONSENT AGENDA ITEM # 29465 Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council ADOPTED: RESOLUTIONS IN RECOGNITION AND APPRECIATION FIRST CITIZEN OF VIRGINIA BEAGH E. T. "Joell Buchanan III 1988 TOP TEN PUBLIC WORKS LF.ADER C. Oral Lambert, Jr., Director of Public Works SCHIZOPHRENIA FOUNDATION-ALLIANCE FOR THE MENTALLY ILL Voti,ng: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Hobert G. Jones, Heba S. McClanan, John D. Moss, Nancy K. Parker* and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf *Verbal Aye R E S 0 L U T I 0 N WHEREAS: Virginia Beach is a City of the First Class and currently is the largest city in the Commonwealth; WHEREAS: Annually the Virginia Beach Jaycees select one citizen from the 'hundreds of thousands whose contributions are outstanding and who is worthy of being designated: FIRST CITIZEN OF VIRGINIA BEACH WHEREAS: It is not what he has, nor even what he does, which directly expresses the worth of a man, but what he is. Success is to be measured not so much by the position one has reached in life as by the obstacles which one overcomes while trying to succeed. For some, there seems never to be any obstacles. Such an influential, unassuming and dedicated community servant, successful businessman and intellectual educator is E. T. i 0 El B U C H A N A N I I I WHEREAS: Joe Buchanan was an honor graduate of Virginia Beach Hiqh School, honor graduate with a Bachelor of Arts from Duke University, received his law degree from the University of Florida and his Doctorate from Florida State University with admission to the Bar both in Florida and Virginia. His professional activities and awards are numerous, including the Fred Turner award for Outstanding Service at the National Level (1985), Outstanding Virginian Professional (1985) and Ambassador Extraordinaire for the City of Virginia Beach. He has chaired various committees, including Virginia Beach Tomorrow Steering Committee; and, has served as a Board Member of Virginia Dare Soil and Water Conservation, Virginia Beach Wetlands Board, Humana Hospital-Bayside, Council of Civic Organizations, Virginia Symphony, Cultural Alliance of Hampton Roads, United Way Family Center, Tidewater Telephone Counseling Service, Chesapeake Bay Foundation, Arnerican Red Cross and others. He was appointed to fill an unexpired term on Virginia Beach City Council (July 1981 through June 1982) and is currently Dean of Campus and Community Services at Tidewater Community College. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes the many services and tremendous civic contributions E. T. Buchanan III has rendered Virginia Beach as a dedicated citizen, a successful businessman and a 'Great Humanitarian@. Given under my hand and seal this TWenty-Third day of May, 1988. Veyor RESOLUTION RECOGNIZIEG AND CCK14ENDING C. ORAL LAMBERT, JR., DIRECTOR OF PUBLIC WORKS, FOR BEING SELBCTED AS A 1988 TOP TEN PUBLIC WORKS LEADER WHEREKS: The American Public Works Association sponsors an annual awards program recognizing ten top public works leaders throughout the nation; WHEREAS-. 'Ihe intent of the awards program is to increase national/international attention to those individuals whose works reflect the highest standards of professional conduct for public works officials; WHEREAS: Mr. lambert has served aS Director of Public Works for the City of Virginia Beach since 1976 and has always demonstrated the highest level of integrity and dedication to the public works profession, to the City, his department and to the citizens of Virginia Beach; WHEREAS: Mr. C. Oral Lambert, Jr. was norninated by the American Public works Association, Virginia, DC, Maryland Chapter, and the City of Virginia Beach; and, WHFJMS - Mr. Lambert has been selected as one of the TOP TEN PUBLIC WORKS LEADERS FOR 1988. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGIVIA BFACH, VIRGINIA: That the Council of the City of Virginia Beach hereby recognizes and commends C. CRAL IAMBERT, JR. - DIRBCTOR OF PUBLIC WORKS for being selected as a TOP TEN PUBLIC WORKS LENDER FOR 1988. Adopted by the Council of the City of Virginia Beach, Virginia, on this Twenty-Third day of May, 1908. Albert W. Balko John A. Baum Robert E. Fentress Harold Heischober Barbara M. Henley Reba S. McClanan John D. Moss Nancy K. Parker John L. Perry Myera E. Oberndorf, Robert G. Jones, vice Myor Mayor R E S 0 L U T I 0 N WHEREAS: Chronic mental illness is a problem of grave concern and consequence in the City of Virginia Beach as it is throughout the united States; WHEREAS: Several thousand residents of Virginia Beach suffer annually from diagnosable mental di sorders which interfere significantly with their ability to hold jobs, attend school or live independently; WHEREAS: Mental illness is increasingly a treatable disability with excellent prospects for control and recovery when properly recognized; and, WHEREAS: Since 1968 the Schizophrenia Foundation-Alliance For @e Mentally Ill has worked to dispel the myths concerning mental illness in the community, to provide support to the mentally ill and their families, and to advocate for research into the causes and treatment of mental illness; NOW, THEREFORE, BE IT RESOLVED: That the mayor and the City Council of the City of Virginia Beach, Virginia, extend to the SCHIZOPHRERIA FOUNDATION-ALLIANCE FOR THE MENTALLY ILL congratulations on the Twentieth Anniversary of the founding of the Organization, profound thanks for the service they have rendered to the community through the years, and Best Wishes for even greater success in their work to enhance the quality of life for the mentally ill, to give support to the families, and to search for the knowledge needed to eliminate mental illness as amajor disability. Given under my hand and seal this Twenty-Third day <)f May, 1988. Yzyor - 55 - Item V-I.3 CONSENT AGENDA ITEM # 29466 Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council ADOPTED: RESOLUTIONS IN RECOGNITION NATIONAL MERIT AWARD WINNERS Michael F. Acquavella Kempsville High School Brian James Bale Green Run High School Paul Michael Bibeau First Colonial High School Brian Laverne Clark Frank W. Cox High School Justin Arthur Giroux Green Run High School Paulo Victor Gonzaga Kempsville High School Brian Daniel Gustafson Kempsville High School Ronald Henry Labuguen Kempsville High School Scott Alden Leban Kempsville High School Melanie Ann Mina Floyd E. Kellam High School Ariana Leigh Myers Kempsville High School Matthew John Pearsall Green Run High School Jennifer Lee Pisapia Kempsville High School Robert J. Prince Kempsville High School Deanna Lane Roach Kempsville High School Ani,ta Cecile Sayles Floyd E. Kellam High School Michele Renee Sebastian Princess Anne High School Eileen Talento Bayside High School Isabel Vaca Bayside High School Robert Andrew Vallejo Kempsville High School Jason Benjamin Van Pelt Princess Anne High School Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker* and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf *Verbal Aye RESOLUTIOE IN RECOGNITION TO MICHA,EL F. ACQUAVELIA WHEREhS: Biucation is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. The best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; W@S: Virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest function of teaching is in stimulating the pupil i-nto the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as well as in the divine joy of living; and, WHEP.FAS: MIC13AEL F. ACQUAVELLA, Kempsville High School, with a grade point average of 4.0558 and an SAT score of 1510, is a FINALIST in General Excellence for the National Merit Scholarship Award. "Michael has extraordinary ability and inner character that sets him apart from his peers" is a direct quote from his recommendation. He constantly seeks challenges to keep him involved in academic pursuits. Tn a one-room schoolhouse in Italy, Michael learned self-discipline and how to be responsible for his own education, building a firm foundation for future success as well as confidence and the ability to teach himself anything he needed to know. He has a keen interest in English literature and a strong desire to study medicine and law. He is an articulate speaker and great debater which will prepare him for the courtroom. Michael loves music and is a master of the French horn. He is Vice President of the School marching band, leader of the mellaphone section and has played an important part in the Band winning many competitions even on the national level. Michael is active in Student Government (Chairman of the SCA), representative on the Inter-Club Council, participated in the Model United Nations, a member of the F'rench Honor Society and the French Club. He participates in Drama and is Vice President of Finance in Junior Achievement. He referees the Tidewater Soccer Association. His awards are many: Virginian- Pilot/Ledger Star Scholastic Achievement Team, Virginia Scholar, Presidential Scholar at Williarn and Mary, @glish, Chemistry and Engineering Trophies, JETS Team, Top Score in A.H.S.M.E., MENSA Scholarship recipient. Michael is a Volunteer coaching a '75 Advanced Girls Soccer Team. Michael's career goal is to practice medicine, perhaps in the military. Michael is satisfied with himself. He knows what he wants frorn life, what he must do to reach his goals and how to enjoy himself vhile he is getting there. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievernents of: MICHAEL F. ACQUAVELTA - KEMPSVILLE HIGH SCHOOL and to congratulate Michael who will in the very near future represent virginia Beach at the College of William and Mary where he will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Rundred and Eighty-Eight Db yor RESOLUTION IN RECOGNIT1019 TO BRIAN JA14ES BALE WHERFAS: Bducation is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. The best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; WHEREAS: Virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest function of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as well as in the divine joy of living; and, WHEREAS: BRIAN @ES BALE, Green Run High School, with a grade point average of 4.0716 and an SAT SCORE OF 1450, is a FINALIST for General Excellence in the National Merit Scholarship program. Brian is a member of the Varsity Track Team, Past President of the Juniors Ehgineering Technical Society and the National Honor Society. His awards and honors include Tidewater Challenge Team, International Chemistry, Olympiad-Hampton Roads Finalist, and Governor's School for the Gifted. He participates in the Eastern Virginia Ski Club, College Park Swim Team and the Woodstock Recreation League Basketball. Brian plans to enter the Engineering School at the University of Virginia this Fall and hopes to have a career in Business Administration. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: BRIA,N JAMES BALE - GREER RUN HIGH SCHOOL and to congratulate Brian who will, in the very near future, represent Virginia Beach at the university of Virginia where he will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight @ yor RESOLUTION IN RECOGNITION TO PAUL MICH&EL BIBMKU WHEREAS: Blucation is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. The best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; WHEREAS: Virginia Beach ranks with the nation' s best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest function of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as well as in the divine joy of living; and, W@S: Paul- Michael Bibeau, First Colonial High School, with a grade point average of 4.0559 and an SAT score of 1460 is a FINKLIST in General EKcellence in the National Merit Scholarship program. Paul was the Captain of the Tidewater Challenge Team, Team Officer of Forensics, officer of Mespian Troupe and Scholastic Achievement @am Officer. He participated in St. Nicholas Catholic Church Folk Group cn their peer leader. He is the recipient of the Princeton Book Club Award, was a delegate to the Governor's Magnet School in theatre and is Valedictorian of his graduating class. Paul hopes to attain a doctorate in International Law and have a career in the State Departinent. Hc! has written two dynamic research papers and is currently compiling his own Creative Writing. NOW, T@ORE, BE IT RESOLVED. That the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: PAUL MICHAEL BIBEAU - FIRST COLONIAL HIGH SCHOOL and to congratulate Paul who will in the very near future represent Virginia Beach at Princeton University where he will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Ma yor RESOLUTION IN RECOGNITION TO BRIAN LAVERNE CIARK WHEREAS: Education is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, reqardless of time or reason. @e best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; WHEREAS: Virginia Beach ranks with the nation' s best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest function of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as well as in the divine joy of living; and, WHEREAS: BRIAN LAVERNE CLARK, Etank W. Cox High School, with a grade point average of 3.3922 and an SAT score of 1370, is a SEMI- FINALIST in the National Merit Scholarship program. Brian hopes to study Aeronautical Engineering at Boston University. NOW, @ORE, BE IT RESOLVED: That the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: BRIAN LAVERNE CLARK - FRANK W. COX HIGH SCHOOL and to congratulate Brian who will in the very near future represent Virginia Beach at a selected university or college where he will serve as an Arnbassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Mayor RESOLUTION IN RBCOGNITION TO JUSTIN ARTHUR GIROUX WHEREAS: Baucation is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. Ihe best and most important part of educaticn is that which one gives oneself . As we acquire more knowledge, things do not become more comprehensible, but more mysterious; WHEREAS: Virginia Beach ranks with the nation's best and above most educational systems. citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest function of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as well as in the divine joy of living; and, WHEREAS: JUSTIN ARTHUR GIROUX, Green @n High School, with a grade point average of 3.8178 and an SAT score of 1490, is a FIlaLIST for General Excellence in the National Merit Scholarship program. Justin will receive the Jefferson merit based scholarship fran the university of Virginia. He was one of fifteen throughout the United States to be selected for this four-year full financial award. He was also selected by the Ledger Star for their scholarship team and won Second Place in the 'Voice of Democracy" competition. Justin achieved widespread recognition through the school's "Tidewater Challenge Team', a four-member team of which he was selected Captain. He enrolled in five advanced placement classes out of his load of six plus a mechanical drawing class offered through the Gifted and Talented program and still found time to compete with the Forensics group in extemporaneous speaking and original oratory. Justin enjoys a challenge of any kind, has faith in his own abilities and puts them to the ultimate test. He is Past President of M Alpha Theta, a mathematics honor society. He placed second in the State speech contest sponsored by Florida Soil and Water Conservation. He earned a Junior Varsity letter on the cross-country team and served as Counsellor at a summer track workshop. His Guidance Counsellor said of Jus tin: "Perhaps the most remarkable thing about Justin Arthur Giroux is his incredible perception of the world around him and his place in it., NOW, THEREFORE, BE IT RESOLVED: 'Ihat the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: JUSTIN ARTEUP GIROUX - GREEK RUN HIGH SCHOOL and to congratulate Justin who will in the very near future represent Virginia Beach at the University of Virginia where he will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Mayor RESOLUTION IN RECOGNITION TO PAULO VICTOR GONZAGA, WHERFAS- Blucation is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless ot time or reason. @e best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; WHEREAS: Virginia Beach ranks with the nation' s best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest function of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as well as in the divine joy of living; and, WHEREAS: PAUID VICTOR GOIRZAGA, @mpsville High School, with a grade point average of 3.2860 and an SAT score of 1270, is a FINALIST and SEMI-FINALIST in the RLspanic program of the National Merit Scholarship Awards. Paulo is a member of the National Honor Society, gaill and Scroll Honor Society, Spanish Honor Society and the German Club. He has participated in the Model United Nations and is a Volu.nteer tutor of Ehglish as a second language to students after school. His lesson plans and social activities allow the students to use their new language in a relaxed atmosphere. His enthusiasm is refreshing and contagious. He is a caring, sensitive young man who always gives his best. He has academic skills and the energy to succeed. His career goal is computer engineering and he is certainly gifted in this field. NOW, THEREFORE, BE IT RESOLVED: 'Ihat the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: PAULO VICTOR GONZAGA - KEKPSVILLE HIGH SCHOOL and to congratulate Paulo who will in the very near future represent Virginia Beach at Virginia Tech where he will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen @ndred and Eighty-Eight Mayor RESOLUTIO14 IN RECOGNITION TO BRIAN DANIEL GUSTAFSON WHEREAS: Elaucation is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. @e best and most important part of education is that which one gives oneself. AS We acquire more knowledge, things do not become more comprehensible, but more mysterious; WHEREAS: Virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest function of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as well as in the divine joy of living; and, WHEREAS: BRIAN DANIEL GUSTAFSON, Kempsville High School, with a grade point average of 4.1291 and an SAT score of 1480, is a FINALIST with General Excellence and a SE24I-FINALIST in the General Program of the National Merit Scholarship Awards. "Brian is one of the finest students I have encountered in my eighteen years as an Educator". ",'t only is he brilliant mathematically, he is a sensitive, caring individual always willing to help others". 'Ihis was quoted from his Guidance counsellor. He participates on the Tidewater JETS winning team. His organization, preparation and leadership wre responsible for the team's First Place in competition on the PASCAL team he organized for PBS TV. Brian is rated the TOP student in Computer Science and Mathematics at Kempsville and TOP math student in Tidewater. Brian, a mature young man, is able to adjust to change and adversity. He has been in a back brace since his Sophomore year but takes this, as @ll as the frequent moves of his father's U.S. Naval career, in his stride. Brian works part-time at two jobs of computer programming, where he has exceeded all expectations. Brian Gustafson is a special young man. Ris academic record and activity sheet indicate the depth and breadth of his involvement. He is an outstanding student, gifted mathematician and good citizen. He participated in the Model United Nations, National Honor Society, Treasurer of the Science Club, Spanish Club, Spanish Honor society, JETS Team and Forum Council. His awards are numerous including Soroptimist Outstanding Citizen, Outstanding History Student and many more. Brian is a Volunteer with three years service with the Navy Relief Society. His career goal is engineering research. NOW, THEREFORE, BE IT RESOLVED: Mat the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the q@ity of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: BRIAN DANIEL GUSTAFSON - "APSVILLE HIGH SCHOOL and to congratulate Brian who will in the very near future represent Virginia Beach at a selected university or college where he will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, @neteen Hundred and Eighty-Eight Mayor RESOLUTION IN RECOGNITION TO RONALD HENRY LABUGUEN WHEREAS: Eiucation is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. The best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not beccme more comprehensible, but more mysterious; W@S: Virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. 'Ihe highest function of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as vmll as in the divine joy of living; and, WMUMS: RONALD HEMY LABUGUEN, Kempsville High School, with a grade point average of 4.1220 and an SAT score of 1440, is a FINALIST with GENERAL EXCELLENCE in the National Merit Scholarship award program. "Robert is the most mentally agile student I have encountered" is a direct quote from his Counsellor. He is self-disciplined with thoroughness and accuracy in his amazing ability to answer dee@thought questions immediately. He is an active, alert listener. Ron is a member of the Varsity cross country track teams which requires that he arise at 5:00 AM. Ron has developed excellent time management skills. He is as comfortable reading or writing essays as he is solving equations. He entered the JETS competition and was a winner of the National Council of Teachers of English Achievement Award in Writing. As a result of his depth and breadth, he was one of five juniors, from a class of 650, selected to attend the Governor's School for the Gifted last summer. He was also one of four Kempsville High School Juniors named to the Virginian-Pilot/Ledger-Star Scholastic Team. Ron is a talented debater and is the Liason between the team and their coach. In the coach's absence, Ron serves that capacity as well as being a debater. This far exceeds what is normally required of a team co-captain. In addition to this, he serves as typing cceditor of the literary magazine where he is responsible for organizing all materials to be published. Perhaps the most significant of Ron's activities is his participation of the Tidewater Challenge @am. 'fhis team represents a College Bowl type academic competition sponsored by local PBS television. Although Ron is not the captain, he is clearly the team leader. In the last two years, he has provided at least sixty percent of the team's correct answers through his knowledge, speed and accuracy. Last year he led his team to the finals. The team placed second among the more than sixty area high schools. Ron Labuguen is determined, quietly agressive and highly productive. He is as successful working with others as he is working individually. Although reserved, he is so pleasant and likeable that he is popular with his peers and a favorite among his teachers. Ron is a very special young man whose goal is to practice Pediatrics. NCW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: RON&LD HElqRY LABUGUEN - Kempsville RLgh School and to congratulate Ron who will in the very near future represent Virginia Beach at a selected university or college where he will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Mayor RESOLUTION IN RIDCOGNITION TO SCOTT ALDEN LEBAN WHERFAS. E:Iucation iS the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. @e best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; WHEREAS: Virginia Beach ranks with the nation' s best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest functicn of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its prrmises, as well as in the divine joy of living; and, W@S: SCOTT ALDEN LEBAN, Yempsville High School, with a grade point average of 3.3558 and an SAT score of 1410, is a FIBALIST with General Excellence and a SEMI-FINALIST in the General category of the National Merit Schoolarship awards. Scott is President of the Future Financial Analysts of America, a representative on the Student Council Associaticn, Treasurer of Blnai Brith Youth and a member of the French Club, Forensics Club and Model United Nations Club. He participates in the Junior Varsity Debate Team, Soccer Team, Wrestling Team, International Relations Club, Key Club, JETS Team and Presidential Classroomn '88. His awards include: Sigma Math, District Forensics, Student Art Show, National Latin Exam - Cum laude, and International Computer Problem Solving. Michael is listed in "Who's Who Among High School Seniors'. He hopes to study law and his career goal is to be a practicing Litigator or maybe even a Judge. His choice lies between Harvard and the University of Virginia for his degree. Now, THEREFORF, BE IT RESOLVED: That the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: SCOTT ALDEN LEBAS - KMPSVILLE HIGH SCHOOL and to congratulate Scott who will in the very near future represent Virginia Beach at a selected university or college where he will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Mayor RESOLUTION IN RECOGNITION TO MELANIE ANN MINA WHEREAS: Riucation is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. Me best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become rnore comprehensible, but more mysterious; WHEREAS: Virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated tc) education. The highest functicn of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its prornises, as well as in the divine joy of living; arid, W@S: METANIE ANN NINA, Floyd E. Yellam High School, with a grade point average of 3.8476 and an SAT score of 1240, is a SEMI- FINALIST in the Hispanic program of the National Mrit Scholarship awards. Melanie has held office in the National Honor Society, Yey Club, International Thespian Society, Fxecutive Council of the SCA and served on the National Honor Society, French Club, Spirit of Kellam Club, Drama Club and Junior Class Senate. She is active in her Church activities, CCD Class and Confirmation Class. Melanie has received many awards and honors: Presidential Academic Pitness and Physical Fitness Awards, Principal's List, Biology Achievement, Governor's School for The Gifted and Talented, Ledger-Star Scholastic @am, Virginia Beach Leadership Workship, Valley Forge Youth Leadership and YWCA Outstanding Teen Award. She is a Volunteer in Children'S Liturgy of the Word Instructor, Soup Kitchen, Key Club activities and babysitting. Melanie has a career goal to be a Biological Researcher. She currently holds a part-time position. She is also a candidate for the National Elks Foundation 'Most Valuable Student", the Virginia Scholars Program and the AFMA Chesapeake Bay Chapter scholarship. NOW, THMMORE, BE IT RESOLVED: 'Ihat the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: MMANIE ANN NINA - FLOYD E. KELLAN HIGH SCHOOL and to congratulate Melanie who will in the very near future represent Virginia Beach at aselected university or college where she will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Mayor RESOLUTION IN RECOGNITION TO ARIANA LEIGH MYERS WftEREAS: Bducation is the basis upcn which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. @e best and most important part of education is that wbich one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; W@S- Virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest function of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as well as in the divine joy of living; and, WHEREAS: ARIAEK LEIGH MYERS, Kempsville High School, with a grade point average of 3.8004 and an SAT score of 1420, is a FINALIST with General Excellence and a SEMI-FIIQALIST in the General category of the National Merit Scholarship awards. Ariana is Pianist for the Show Choir, Tteasurer of the Chorus and a member of the National Honor Society. She is a Counsellor for her Church's Young Women's Class and an EKchange Student in the American Field Service Summer Foreign Exchange program. She has a part-time position as CSR with the Pizza Hut delivery computer center. Her awards include First Place in the VCTM Math Contest and Representative for the Kempsville High International scholarship. Arianals goal is to "make some significant contribution to nuclear energy as a source of power for the future'. NOW, TEM"CRE, BE rT RESOLVED: 'Ihat the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of; ARIANA LEIGH MYERS - KERPSVILLE HIGEI SCHOOL and to congratulate Ariana who will in the very near future represent virginia Beach at Georgia Institute of Technology where she will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight mayor RESOLUTION IN RECOGNITION TO MATTMN JOHN PEARSALL WHEREAS: Education is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. The best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; WHERFAS: virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest functicn of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its prcmises, as well as in the divine joy of living; and, W@S: Matthew John Pearsall, Green @n High School, with a grade point average of 3.6677 and an SAT score of 1480, is a FINALIST for the Oorporate Scholarship in the National Merit Scholarship program. Matthew will receive the United States Navy ROTC Scholarship and the Carter Hawley Hale Merit Scholarship. He was the School's Ncminee for the Optimist Club for outstanding Male Student in Virginia Beach. Academically, Matt has followed the most rigorous course load he could take, beginning in the Eight grade when he took an accelerated Spanish I course that covered two books rather than the usual one. He has been on three track teams for the past two years and quite successful. He has attended summer school to take courses he desired to prepare him for Advanced Placement in Science and Math. He was chosen in his Junior year (quite unusual) as Green Run's Most outstanding Foreign Language Student. He attended the Governor's School for the Gifted. He is a member of the Tidewater Challenge Team. Matt is not only a well-rounded individual, but he has carefully planned for his future and consciously sought to insure that he is all that he can and should be. He has set high goals for himself and strives to achieve them. His popularity, integrity and devotion to scholarship can be best shown by his selection as Green Run's President of the National Honor Society. He won the Dartinouth Book Award and is listed in "Who's Who Among American High School Students". He has participated in the Honor Society Tttoring program and served as Race Marshall for the 1987 Shamrock Marathon as well as Race official for the Green Run Stampede. His career goal is to be a Military Officer in Nuclear @gineering. NOW, THM=ORE, BE IT RESOLVED: 'Ihat the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: MATTHEW JOHN PEAPSALL - Green ftn High School and to congratulate Matt who will in the very near future represent Virginia Beach at Rensselaer Polytechnic Institute where he will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Mayor RESOLUTION IR RECOGNITION TO JENNIFER LFE PISAPIA WHEREAS: Education is the basis upcn which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. ite best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; W@S: virginia Beach ranks w.Lth the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest function of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its prornises, as well as in the divine joy of living; and, WHEREAS: JENNIFER LF.E PISAPIA, Kempsville High School, with a grade point average of 3.7506 and an SAT score of 1390, is a FIIULLIST with General Excellence in the National Mrit Scholarship program. Jennifer happily spends hours at research for her studies. She is a philosophical thinker and enjoys debate of current issues. She has a particular interest in environmental issues. She has been active and held various offices in the French Club, @ench Honor Society and Interact Club. She received the President's Academic Fitness Award. NOW, THEREFORE, BE IT RESOLVED: 'Ihat the Virginia Beach City Cc)uncil, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: JENNIFER LEE PISAPIA - KEKPSVILLE HIGH SCHOOL and to congratulate Jennifer who will in the very near future represent Virginia Beach at a selected university or college where she will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Mayor RESOLUTION IN RECOGNITION TO ROBERT J. PRI]OCE WHEREAS: Education is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. @e best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; W@S: Virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education ' The highest functicn of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its pr(xnises, as well as in the divine joy of living; and, WHEREAS: ROBERT J. PRINCE, Kempsville High School, with a grade point average of 3.3232 and an SAT score of 1460, is a FIN&LIST with General EKcellence in the National Merit Scho@ship Awards. Robert's wide diversity of activities, each commanded with excellence, attests to his thorough dedication to the task and his enthusiasm to participate in a broad array of interesting activites. Robert has been active in the Thespian Society (Vice President 1987-88), co-Captain of the Debate Team (1987-88), JETS, Great Computer Challenge, Model United Nations, and crewed, directed and acted in seven major school play productions. He is a member of the STATUS Atari Computer Club and received awards in the Spanish Honor Society, International Thespian Society, Virginia Beach District Negative Debate Team, Southeastern Regional Negative Debate Team (First Place 1987) and many others. Robert is a Volunteer in his Church nursery. His career goal is to be a Prosecuting Attorney for 'Ihe Commonwealth and his academic majors will be Political and Computer Science. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Cc)uncil, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: ROBFRT J. PRINCE - KE14PSVILLE HIGH SCHOOL and to congratulate Robert who will in the very near future represent Virginia Beach at the University of Virginia where he will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Mayor RESOLUTION IN RECOGNITION TO DF.ANNA IANE ROikCH WHEREM: Education is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. @e best and most important part of educaticn is that which one gives oneself. As we acquire more knowledge, things do not become rnore comprehensible, but more mysterious; W@S: Virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest functicn of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as well as in the divine joy of living; and, W@S: DEANNA IANE ROACH, Kempsville High School, with a grade point average of 3.6559 and an SAT score of 1300, is a FINALIST with General Ercellence in the National Merit Scholarship Awards. Deanna has a natural curiosity which motivates her to learn and achieve. Her primary interests are Science and Math and she goes beyond the normal curriculLun to study, such as her indepth research of the Wetlands ecology at the Chesapeake Bay. She was Secretary of the Varsity Club and participated on the Tidewater Challenge Team. She received Honorable Mention at the 1987 Tidewater Science Fair (Environmental sciences). Her academic major will be Engineering. HOW, THEREFORE, BE IT RESOLVED: 7hat the Virginia Beach City Council, which is very proud of the City's school systein that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: DEANNA IANE ROACH - KEMPSVILLE HIGH SCHOOL and to congratulate Deanna who will in the very near future represent Virginia Beach at the University of Virginia where she will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Mayor RESOLUTION IN RECOGNITION TO ANITA CECILE SAYI.ES WHEREAS: Education is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. The best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; WHEREAS: Virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest function of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its pr(xnises, as well as in the divine joy of living; and, WHEREAS: ANITA CHCILE SAYLES, Floyd E. Kellam High School, with a grade point average of 4.0511 and an SAT score of 1210, is a FINALIST in the Negro Program of the National Merit Scholarship award. Anita is a member of Kellam's Color Guard, National Honor Society, Rifle Captain and Staff Artist of the Literary Art magazine. She has served as Rifle Instructor at Plaza Junior High School. Anita has received many honors and awards, among which aret Virginian-Pilot/Ledger Star Scholastic Team (1986-88), Governor's School For The Gifted and Talented (1987), School of the Humanities at the university of Richmond, YWCA outstanding Teen and "BeSt All-Around" (1986-87). She is a Volunteer in tutoring emotionally disturbed children at Lynnhaven Elementary, collecting for the American Cancer Society and preparing Christmas baskets for disabled Senior Citizens. NOW, TH@ORE, BE IT RESOLVED: Ihat the Virginia Beach City Oouncil, which is very proud of the City's school system that has contributed mucb to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of; ANITA CECILE SAYLES - FWYD B. KELLAN HIGH SCHOOL and to congratulate Anita who will in the very near future represent Virginia Beach at a selected university or college where she will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of my, Nineteen Hundred and Eighty-Eight Mayor ]RESOLUTION IN RECOGNITIO19 TO MICHF-T-P RENEE SEBASTIAN WHEREAS: Education is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. The best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; WHEMS: Virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest function of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as well as in the divine joy of living; arid, WELEREAS: HICHELE RENEE SEBASTIAN, Princess Anne High School, with a grade point average of 3.45 and an SAT score of 1160, is a SERI- PIKALIST in the Negro Program of the National Merit Scholarship. Michele is a member of the Spanish Club and Treasurer of the Spanish Honor Society. She has participated in tutoring TMR students, teaching third-graders in the elementary school. She is the Copy Fditor of Kaleidoscope, the Literary Art Magazine. She has assisted in a recent local political campaign. michele is a nominee in the Achievement Award in Writing. She received a perfect score in the Spanish I Award and prepared a recitation in Spaniish V. She is a Volunteer with Special Olympics, Daffadil Day and the Arnerican Cancer Society. Michele has been accepted at the College of William and Mary as an "Academic Superior" to study psychology. She has set her career goal to be a Psychoanalyst, Psychiatrist or Psychotherapist. NOW, T@FORE, BE IT RESOLVED: lbat the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: MICH= RENEE SEBASTIAN - PRINCESS AIM HIGH SCHOOL and to congratulate Michele who will in the very near future represent Virginia Beach the College of William and %ry where she will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Mayor RESOLUTIOR IN RECOGLQITION TO EILEEN TALENTO WHEREAS: Education is the basis upon wbich individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. The best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; W@S: Virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest function of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as well as in the divine joy of living; and, WHMtEAS: EILEEN TALEM, Bayside High School, with a grade point average of 3.5983 and an SAT score of 1320, is a FINALIST in the Hispanic Program in the National Merit Scholarship program. Eileen is a member of the Professional Apprenticeship class and has worked with the Kempsville Playhouse where she was Assistant Director/Stage Manager for the production of "Sleeping Beauty". She is the recipient of many Forensic awards and placed first and third in competition. She was named the Most Outstanding Student in Spanish II, won the President's Academic Fitness Award and was recognized for the Governor's School for the Gi f ted. She recently was named to 'Who's Who Among American High School Students'. She was selected as a Senior Superlative in the category of "Most Talented". Eileen has been accepted as one of 500 Hispanic students throughout the United States to receive a scholarship for one year's study at the college of her choice. @is award is funded by the Andrew W. melon Foundation, which has distributed a total of 4,200 scholarships and awards since its inception in 1984. Winners are chosen on the basis of their overall academic achievements, grade point average, high school records, test scores, personal qualities and community involvement. For many years, Eileen has been working in her Church as a Teacher for the preschool classes. Eileen has participated in the Spanish Club, Key Club, concert choir, Marlin Singers, the Drama Club and the TV Production, Professional Apprenticeship and Summer Arts courses. She is a member of her Church Choir (both youth and adult) and a member of the Show Choir, known as 'Sound In Motion". She will pursue a career in the Performing Arts. NOR, TEEREFORE, BE IT RESOLVED: That the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: EILEEN TALEM - BAYSIDE HIGH SCHOOL and to congratulate Eileen who will in the very near future represent Virginia Beach at the College of William and Mary where he will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Mayor RESOLUTION IN RBCOGNITION TO ISABEL VACA WHERFAS: Education is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. @e best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; @S: Virginia Beach ranks with the nation's best and above most educational systems. citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest function of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as well as in the divine joy of living; and, WHEREAS: ISABEL VACA, Bayside High School, with a grade point average of 3.0250 and an SAT score of 1240 participated in the National Merit Scholarship program with noted achievements. Isabel transferred from California to Bayside during her Junior year. She was a member of the Debate Team and Library Club at Notre Dame High School, Salinas, California. She is a Volunteer and assisted as a Clinic Helper. Isabel hopes to be an Elementary school Teacher. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: ISABEL VACA - BAYSIDE HIGH SCHOOL and to congratulate Isabel who will in the very near future represent Virginia Beach at Old Dominion University where she will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Mayor RESOLUTION IN RECOGNITION TO ROBERT ANDREW VALLEJO WHE@: Education is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. The best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; WHEREAS: Virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest functicn of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as well as in the divine joy of living; and, W@S: ROBERT ANDREW VAI.LEJO, Kempsville High School, with a grade point average of 3.58 and an SAT score of 1220, is a FINALIST and SMI-FIHLLIST in the Hispanic prograin of the National Merit Scholarship program. Robert is active in the National Honor Society, Spanish Honor Society, Spanish and Science Clubs and on the Golf Team. His honors include: Varsity Letter, Special Coach's Award, Certificate of Recognition VCTM-VCU Math, Senior Newscarrier Award and Presidential Academic Fitness Award. Robert is a Volunteer for the American Cancer Society. His career goal is to be a Statistician and Professional Golfer. He hopes to major in Mathematics at the University of North Carolina or the University of Virqinia. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: ROBERT ANDRER VALLEJO - KEMPSVILLE HIGH SCHOOL and to congratulate Robert who will in the very near future represent Virginia Beach at a selected university or college where he will serve as an Ambassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Mayor RESOLUTIOlq IN RECOGNITION TO JASON BENJAMIN VAN PELT WHEREAS: Fducation is the basis upon which individuals shape their lives, and perhaps the most valuable of all education is the ability to make oneself do the thing that must be done when it ought to be done, regardless of time or reason. The best and most important part of education is that which one gives oneself. As we acquire more knowledge, things do not become more comprehensible, but more mysterious; WRFREAS: Virginia Beach ranks with the nation's best and above most educational systems. Citizens and their youth are better prepared to meet tomorrow's challenges with 42.56% of the City's operating budget allocated to education. The highest functicn of teaching is in stimulating the pupil into the pursuit of knowledge, belief in the present and its opportunities, in the future with its promises, as well as in the divine joy of living; and, WHEREAS: JASON BENJAMIN VAN PELT, Princess Anne High School, with a grade point average of 3.14 and an SAT score of 1350 is a FINALIST with General Excellence and a SE14I-FINALIST in the General program of the National Merit Scholarship awards. Jason participated in the Arnerican Legion Boys State, Model United Nations, Virginia Wesleyan Gifted Enrichment Program for International Relations and was named to 'Who's Who knong American High School Students'. He is President of the Spanish Club, Vice President of the Pep Club, Captain of the Tidewater Challenge Team and is active in his Church's youth group. Jason would like to become a Foreign service Officer with a career in International Relations. He is currently on the committee for the Symposium 'The Good People of Virginia". NOW, THEREFORE, BE IT RESOLVED: @at the Virginia Beach City Council, which is very proud of the City's school system that has contributed much to the quality of life we prize so highly, pauses in its deliberations to recognize the outstanding educational achievements of: JASON BENJAMIN VAN PELT - PRINCESS ANNE HIGH SCHOOL and to congratulate Jason who will in the very near future represent Virginia Beach at a selected university or college where he will serve as an Arnbassador of the City and one of our most outstanding citizens. Given under my hand and seal, this Twenty-third Day of May, Nineteen Hundred and Eighty-Eight Mayor - 56 - Item V-I-4 CONSENT KGENDA ITEM # 29467 Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council APPROVED: Ordinance appointing viewers in the petition of Metrovest, Inc. for the closure of a portion of Alabama Road. The Viewers are: David Grochmal Director of General Services C. Oral Lambert Director of Public Works Robert J. Scott Director of Planning Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker" and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley, and VAce Mayor Meyera E. Oberndorf *Verbal Aye ORDINANCE APPOINTING VIEWERS WHEREAS, Metrovest, Inc. have given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 23rd day of Ma , 19 88 apply to the City Council of the City of Virginia Beach, Virginia, for the Appointment of Viewers to view the below described property and report in writing to the Council whether, in the opinion of said viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portions of those certain streets of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of virginia Beach, Virginia: THAT, C. Oral Lambert, Jr. Robert Scott David Grochmal are hereby appointed to view the below described property and report in writing to tbe Council on or before 1 1988, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of portions of those certain streets of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: THAT CERTAIN portion of ALABAMA ROAD, unimproved (formerly 29th Street). Beginning at the point of intersection of the eastern right-of-way line of Rosemont Road (90- R/W) with the southern right-of-way line of Alabama Road (50' R/W), thence f rom said Point of Beginning, N 00* 5 8 1 37" E. 53.55 feet along the eastern right-of-way line of Rosemont Road to a point; thence S 68* 02' 53", 190.84 feet along the northern right-of-way line of Alabama Road, as platted, to a point; thence S 21- 57- 07" W., 50 feet to a point at the GUY, CROMWELL, BETZ northeast corner of Lot 7, Block 6, Plat of & LUSTIG, P.C. T L.. Pecan Gardens; thence N 68 02' 53" W. 172.94 feet along the southern right-of-way line of Alabama Road to the Point of Beginning as shown on that certain "Physical Survey of part of Lots 1 & 2 and Lots 3, 4, 5, 6 & 7, Block 6, PECAN GARDENS (M.B. 7, P. 70), Princess Anne Borough, Virginia Beach, virginia," dated March 27, 1987 and prepared by Stephen I. Boone and Associates P.C. All of the above as shown upon that certain survey entitied, "Physical survey of Part of Lots 1 & 2 and Lots 3, 4, 5, 6 & 7, Block 6, PECAN GARDENS (M.B. 87, P. 10), Princess Anne Borough, Virginia Beach, virginia" which survey is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 0401i GUY, CROMWELL, BETZ & LUSTIG, P.C. @Y@ T L.. -2- "MOTOCK@THATON MARCH 26, 1987 , I SU@lto @ @WW @ ON THIS PLAT AND THAT THK TM-9 UMM AND @L l@KMUN,. APM S@ ON TWO ftAT. THC @MMM STAND @Y WITHIN THIL Tmg UNEB AND THERK ARE "O EpicROACHMEWS OR VMN" a KXCCPTAS@. NOTE: THIS PROPERTY APPEARS TO BE IN A ' C ' FLOOD ZO FIRM ?4AP CITY OF VA. BEACH COMMUNITY NO. 515531 MAP REVISION: JANUARY 17, 1985 PANEL NO. 0029 c 15 14 II/ \10/ 0 N 68' 02 53' w -133.94' 0 C6) A 8 C)- S 68' 02'53 E 1 72,94 A-L@A=B-A-M A ROAD (50'RIW) FFORMERLY 29TH STREET) PAPER STREET S 68'02'53" 190. 84 BLOCK 14 PHY@CAL SURVEY oil PART OF LOTS 1 6 2 AND LOTS 3,4,5 .6 t. 7, BLOCK 6 PECAN GARDENS M. B. 7 . P 70 PRINCESS ANNE BOROUGN VIRGINIA BEA@,VIRGINFA SCALE: I -- 3 0 DATE! OW A R C N 2 7 , 198 7 STEM*h 1, BOONE & ASSOCIATES. P.C. LAND SURVEYORS PORTSMOTJTH, VIRGIMA Guy, CRomwELL, BETZ & LUSTIO, P. C- R.@ D. G., AxToaNEys AwD Cou.sELoRs " LAW A- C- T...- F. B.-, J.. P..@.- O-.. p.- R.@- R. S...., J., J..@. M. C-..@. O..-T- P.- F- T .. @. S. C-@.. U. E.-. D.U..... J.. G.-.. M. Ell V-e@ B.--, V=-- .@ ...... F R.@- M. D.@ Du@@, J.. C. E.- ALL..@ R,@- N. S-@- 1. M... C-. April 15, 1988 I, R. Edward Bourdon, Jr., attorney for Metrovest, Inc. and Mr. Ram L. Gowda do hereby certify that: 1. I am an attorney at law and represent Metrovest, Inc. and Ram L. Gowda. 2. That based upon my examination of title, it is my opinion that if the portion of the street sought to be closed is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said street will vest in the owner of the fee in the streets which were reserved at the time said streets were dedicated and plats put to record. The record owner of the reserved fee interest is Ram L. Gowda. 3. The portion of street to be closed, referred to herein, is described as follows: THAT CERTAIN portion of ALABAMA ROAD, unimproved (formerly 29th Street). Beginning at the point of intersection of the eastern right-of-way line of Rosemont Road (90- R/W) with the southern right-of-way line of Alabama Road (50' R/W), thence from said Point of Beginning, N 00' 5 8 '37" E. 53.55 feet along the eastern right-of-way line of Rosemont Road to a point; thence S 68* 02' 53", 190.84 feet along the northern right-of-way line of Alabama Road, as platted, to a point; thence S 211 57' 07" W., 50 feet to a point at the northeast corner of Lot 7, Block 6, Plat of Pecan Gardens; thence N 681 02' 53" W. 172.94 feet along the southern right-of-way Guy, CRoi4wgLL, BIETZ & LU$TIO, P. C. Page 2 April 15, 1988 line of Alabama Road to the Point of Beginning as shown on that certain "Physical Survey of part of Lots 1 & 2 and Lots 3, 4, 5, 6 & 7, Block 6, PECAN GARDENS (M.B. 7 P. 70), PrincesS Anne Borough, Virginia Beach, Virginia," dated March 27, 1987 and prepared by Stephen I. Boone and Associates, P.C- GUY, CROMWELL, BETZ LUSTIG, P.C. B 0565i P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioners, METROVEST, INC. respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the petitioners apply for the vacating, closing, and discontinuance of a portion of that certain platted street, which is more specifically described as follows: THAT CERTAIN portion of ALABAMA ROAD, unimproved (formerly 29th Street). Beginning at the point of intersection of the eastern right-of-way line of Rosemont Road (90, R/W) with the southern right-of-way line of Alabama Road (50' R/W), thence from said Point of Beginning, N 00' 58, 37" E. 53 . 5 5feet along the eastern right-of-way line of Rosemont Road to a point; thence S 681 021 53", 190.84 feet along the northern right-of-way line of Alabama Road, as platted, to a point; thence S 21- 57- 07" W., 50 feet to a point at the northeast corner of Lot 7, Block 6, Plat of Pecan Gardens; thence N 681 02' 53" W. 172.94 feet along the southern right-of-way line of Alabama Road to the Point of Beginning as shown on that certain "Physical Survey of Part of Lots 1 & 2 and Lots 3, 4, 5, 6 & 7, Block 6, PECAN GARDENS (M.B. 7, P. 70), Princess Anne Borough, Virginia Beach, Virginia," dated March 27, 1987 and prepared by Stephen I. Boone and Associates P.C. Said parcel of land being a portion of Alabama Road, as indicated on that certain survey eiititled, "Physical survey of Part of Lots 1 & 2 and Lots 3, 4, 5, 6 & 7, Block 6, PECAN GARDENS (M.B. 87, P. 10), Princess Anne Borough, Virginia Beach, Virginia," which survey is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of GUY, CROMWELL, BETZ & LUSTIG, P.C. said street; and the petitioner prays that this Honorable T L.. Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the day of 1 1988, 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 _ day of 198-, Notice of the presenting of this Application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, on the premises to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue, virginia Beach, Virginia, as evidenced by the Affidavit attached hereto, and a copy of said Notice. 4. That the Petitioners are the owners in fee simple of all land along and adjacent to the northern line of said portion of the platted street to be closed. Respectfully submitted, METROVEST, INC. By:(, Of Counsel- R. Edward Bourdon, Jr. Esquire GUY, CROMWELL, BETZ & LUSTIG, P.C. Pembroke Office Park Pembroke One, The Fifth Floor Virginia Beach, Virginia 23462-2989 (804) 499-8971 GUY, CROMWELL, BETZ & LUSTIG, P.C. 0400i -2- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS ALABAMA ROAD, FORMERLY KNOWN AS 29TH STREET (UNIMPROVED) SHOWN UPON THAT CERTAIN SURVEY JENTITLED, "PHYSICAL SURVEY OF PART OF LOTS 1 & 2 ILOTS 3, 4, 5, 6 & 7, BLOCK 6, PECAN GARDENS (M.B. 87, P. 10), PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA." WHEREAS, it appearing by affidavit that proper notice has been given by Metrovest, Inc., that they would make application to the Council of the City of Virginia Beach, virginia, on 23 1988, to have a portion of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that the portion of said street be discontinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: THAT CERTAIN portion of ALABAMA ROAD, unimproved (formerly 29th Street). Beginning at the point of intersection of the eastern right-of-way line of Rosemont Road (90- R/W) with the southern right-of-way line of Alabama Road (50@ R/W), thence f rom said Point of Beginning, N 00@ 58' 37" E. 53 . 5 5feet along the eastern right-of-way line of Rosemont Road to a point; thence S 68' 02' 53", 19 0 . 84 feet along the northern right-of-way line of Alabama Road, as platted, to a point; thence S 211 57' 07" W., 50 feet to a point at the northeast corner of Lot 7, Block 6, Plat of Pecan Gardens; thence N 68@ 02' 53" W. 172.94 feet along the southern right-of-way line of Alabama Road to the Point of Beginning as shown on that certain "Physical Survey of Part of Lots 1 & 2 and Lots 3, 4, 5, 6 & 7, Block 6, PECAN GARDENS (M.B. 7, P. 70), Princess Anne Borough, virginia Beach, Virginia," dated March 27, 1987 and prepared by Stephen I. Boone and Associates P.C. GUY, CROMWELL. BETZ & LUSTIG, P.C. T L.W Said parcel of land being a portion of Alabama Road as indicated on that certain plat of the property to be vacated, which plat is to be recorded in the Clerk's office of the Circuit Court of the City of virginia Beach, Virginia, upon adoption of this ordinance, and 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, virginia, and indexed in the name of the City of virginia Beach as Grantor. SECTION III This Ordinance shall be effective sixty (60) days from the date of its adoption. 0402i GUY, CROMWELL. BETZ & LUSTIG. P.c. -2- N 0 T I C E PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 23rd day of May 1 1988, at 7:00 p.m., at the City Hall of the City of Virginia Beach, at Princess Anne, the undersigned will petition the Council for the appointment of viewers to view the below-described portion of certain streets and to report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacating, closing and discontinuance of same, the said portions of said streets being described as follows: THAT CERTAIN portion of ALABAMA ROAD, unimproved (formerly 29th Street). Beginning at the point of intersection of the eastern right-of-way line of Rosemont Road (90, R/W) with the southern right-of-way line of Alabama Road (501 R/W), thence from said Point of Beginning, N 00' 58' 37" E. 53.55 feet along the eastern right-of-way line of Rosemont Road to a point; thence S 68* 02' 53", 190.84 feet along the northern right-of-way line of Alabama Road, as platted, to a point; thence S 21- 57- 07" W., 50 feet to a point at the northeast corner of Lot 7, Block 6, Plat of Pecan Gardens; thence N 681 02' 53" W. 172.94 feet along the southern right-of-way line of Alabama Road to the Point of Beginning as shown on that certain "Physical Survey of Part of Lots 1 & 2 and Lots 3, 4, 5, 6 & 7, Block 6, PECAN GARDENS (M.B. 7, P. 70), Princess Anne Borough, Virginia Beach, Virginia," dated March 27, 1987 and prepared by Stephen I. Boone and ASsociates P.C. At that time, anyone affected may appear and be heard. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close OMWELL, BETZ USTIG, P.C. and discontinue the portions of those streets in the City of Virginia Beach, Virginia, described above. METROVEST, INC. Of Cou'hsel R. Edward Bourdon, Jr., Esquire GUY, CROMWELL, BETZ & LUSTIG, P.C. Pembroke Office Park Pembroke One The Fifth Floor Virginia Bea@h, Virginia 23462-2989 (804) 499-8971 Y, CROMWELL. BETZ S. LUSTIG, P.C. 0397i -2- - 57 - Item V-I.5 CONSENT AGENDA ITEM # 29468 Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council APPROVED: RAFFLE PERMIT: Back Bay Restoration Foundation Voting: 8-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker" and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndarf *Verbal Aye - 58 - Item IV-K.l. NEW BUSINESS ITEM # 29469 Attorney James Pickrell represented the appplicant A MOTION was made by Councilman Fentress, seconded by Councilman Heischober, to SCHEDULE RECONSIDERATION of a Condition in the March 14, 1988, approval o the EXXON COMPANY, U.S.A. application for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF EXXON COMPANY, U.S.A. FOR A CONDITIONAL USE PERMIT FOR A CAR WASH AND GAS PTI@PS IN CONJUNCTION WITH A CONVENIENCE STOHE R03881123 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Exxon Company, U.S.A., for a Conditional Use Permit for car wash and gas pumps in conjunction with a convenience store on certain property located at the southwest corner of Indian River Road and South Military Highway. Said parcel is located at 841 South Military Highway and contains 1.02 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 3-5 (MOTION TO SCHEDULE RECONSIDERATION LOST) Council Members Voting Aye: Robert E. Fentress, Harold Heischober, and John L. Perry Council Members Voting Nay: Albert W. Balko," Mayor Robert G. Jones, Reba S. McClanan, John D. Moss and Nancy K. Parker Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf "Verbal Nay - 59 - Item IV-K.2. NEW BUSINESS ITEM # 29470 ADD-ON Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council ADOPTED, AS AMENDED: Resolution requesting the Board of Zoning Appeals to Defer Consideration of Variance Applications Pertaining to Major Recreational Equipment for a Period of Ninety (90) Days. Voting: 8-0 Counci,l Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Mayor Hobert G. Jones, Reba S. McClanan, John D. Moss, and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Nancy K. Parker Council Members Absent: John A. Baum, Barbara M. Henley, and Vice Mayor Meyera E. Oberndorf Councilwoman Parker ABSTATNED as she was not sure of the meaning of the Ordinance. 1 A RESOLUTION REQUESTING THE BOARD OF 2 ZONING APPEALS TO DEFER CONSIDERATION 3 OF VARIANCE APPLICATIONS PERTAINING TO 4 MAJOR RECREATIONAL EQUIPMENT FOR A 5 PERIOD OF NINETY (90) DAYS 6 WHEREAS, Section 205 of the City Zoning ordinance 7 restricts and regulates the parking of major recreational 8 equipment; and 9 WHEREAS, a substantial number of owners of major 10 recreational equipment have applied for variances from the 11 requirements of the aforesaid section; and 12 WHEREAS, there exists a possibility that the City 13 Council may review the regulations pertaining to major 14 recreational equipment; 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 16 THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 That the Board of Zoning Appeals of the City of 18 Virginia Beach be, and hereby is, requested to defer 19 consideration of applications for variances pertaining to major 20 recreational equipment for a period of ninety (90) days. 21 Adopted by the Council of the City of Virginia Beach, 22 virginia on 23rd day of May 1988. 23 WMM/dhh 24 05/23/88 25 BZA.RES - 6o - Item V-K-3- NEW BUSINESS ITEM # 29471 ADD-ON Councilman Moss referenced correspondence relative the status of the Centerville Turnpike. Councilman Moss will discuss under UNFINISHED BUSINESS at the City Council Meeting of June 6, 1988, the idea of attempting to attain the State's reevaluation of another intersection at Centerville. - 61 - Item V-K.4- NZW BUSINESS ITEM # 29472 ADD-ON Councilman Perry sponsored Thoroughgood residents relative adjacent neighbor's skateboard ramp and the disturbances caused by said skateboard ramp. Councilman Perry distributed petitions requesti,ng a skateboard ramp be installed in Bayville Park. Tom Shackleford, 1432 Ewell Road (Thoroughgood Estates), advi,sed City Council of his neighbor's skateboard ramp. Mr. Shackleford distributed photographs by Councilman Perry of the si,tuation. The age of youth utilizing this ramp range from mid teens to the mid twenties. They are not school children. They are abusive and there are no sanitary conditions in the yard. Mr. Shackleford requested relief from City Council, a cessation of the noise. This commenced on April First. The first summons was issued to the owner of the property for a General Nuisance and he had been contacted prior to the issuance of this summons. He would not accept this summons and therefore was arrested and released on bond. Councilman Perry, as per the request of Mr. Shackleford, visited the vicinity on Friday, May 20, 1988, and was insulted. Don Mosman, resident of the cul-de-sac on the front side of the neighbor's skateboard ramp, advised the average age utilizing this facili,ty is 18 or 19 with the oldest being 24 years of age. Stephen J. Matton, Home: 464-0779, Office 460-3777, adjacent resident Sushil K. Chaturvedi, adjacent resident The City Attorney, J. Dale Bimson and Assi,stant City Attorney, William Macali will review attaining a temporary injunction. - 62 - Item V-L. 1 . ADJOURNMENT IT@l # 29473 Upon motion by Councilman Heischober and BY ACCLAMATION, City Council ADJOURNED the Meeting at 2:22 A.M. (May 24, 1988) Beverly 0. Hooks Chief Deputy City Clerk Mth Hodge's Smith, CMC City Clerk City of Virginia Beach Virginia