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HomeMy WebLinkAboutFEBRUARY 22, 1988 MINUTES Cit@ "f @l-"ii ii" 13@iE-1@ll "WORLD'S LARGEST RESORT CITY" ('ITY COUNCIL MAYOR ROBERT G. JONES, A@ L,,,, VICE MAYOR MEYERA E. OBERNDORF, A, L,,, A@ERT W BALKO, L,@@h ... @ B-.gh JOHN A BAUM, Bi.,k..,@ @@,h ROBERT E. FENTRESS, Vi,i@i. &@,h B-.,h HAROLD HEISC.HOBER, A@ L,,g, BARBARA M liENU@Y, P@@,@ @@gh RLBA S M,CLANAN, Pi@- A@@, @@.gh JOHN D. MOSS, K-,@ill, B-,h N@CY K PA@ER, A, @,, JOHN L. PERRY, B@,.& @@,h 281 CITY HALL BUILDING MUNICIPAL CENTER A-@ I WA@S, JR., Ci@ M@- CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 M-.. .@ A,@ f8W) 427-4303 -@H, C- February 22, 1988 ITIM I. CZO WORKSHOP - Conference Room - 2:00 PM ITEM II. CITY MANAGER'S BRIEFING - Conference Room - 4:30 PM A. 24TH STREET PARK IMPROVEMENTS Staff Presentation ITEM III. COLWCIL C014FERENCE SESSION - Conference Room - 5:00 PM A. CITY COUNCIL CONCERNS ITEM IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. RE)CESS TO EXBCUTIVE SESSION ITEM V. CEREKONIAL PRESENTATIONS - Council Chamber - 6:45 PM A. PRESEN'IATIONS 1987 GOVERNOR'S CLEAN VIRGINIA AWARD Mayor Robert G. Jones UNITED STATES EPA PRESIDENT'S ENVIRONMENTAL YOUTH AWARDS a. Kempsville High School b. Boy Scout Ttoop #481 B. RESOLURIONS IN GRATITUDE a. CONSOLIDATION STUDY CCT*IITTEE A. L. Bonney L. Charles Burlage Noland C. Chandler Roger L. Riggs Harry Frazier III b. EXECURIVE MERGER COMMITTEE V. A. Etheridge John V. Pentress Ivan D. Mapp William H. Phillips Grace Swertfeger C. PROCLAMATIONS BIACK HISTORY CELEBRATION I)AYS AMERICAN ASSOCTATION OF UNIVERSITY WOMEN WEEK March 6-12, 1988 ITEM vi. FORMAL SESSION - Council Chamber - 7:00 PM A. INVOCATION: Reverend Warren Skinner Diamond Springs Baptist Church B. PLEDGE OF ALLEGIAWE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. ADOPRION OF ITE24S FOR THE FOM4AL AGENDA E. MINUI!ES 1. INFORMAL & FORMAL SESSIONS - February 8, 1988 F. PLANNING 1. STAFF BRIEFING a. CIARIFICATTON of ODndition No. 5 in the applications of Old Donation Farm Partnership for Variances to Section 4.1 (b) (1 ) , Section 4.4(b), Section 5.2, a a Conditi.nal Use Permit for open space promotion. Approved June 1. 1987. G. PUBLIC HEARING 1. PLANNING a. RECONSIDERATION of Condition No. 3 in the application of William E. wood for a Change of Zoning from R-6 Residential District to B-2 Community Business District on 29.14 acres Tocat-ea at Kempsville Road and Genterville Turnpike (Kempsville Borough). Request to WAIVE Shopping Center Intersection footage. b. Ordinance for the discontinuance, closure and abandonment of a portion of Thompkins La ne in the pe tition of Signet Enterprises, @. (Kempsville Bc)rough) DEFERRED: 5/18/87 and 11/23/87. Recommendation: Additional 90 day deferral for fulfillment of conditions and FINAL APPROVAL. C. Ordinance for the discontinuance, closure and abandonment of a portion of Brian Avenue in the petition of Richard C. Fentress (Bayside Borough). DEFERRED 180 days for compliance on 8/10/87. Recommendation: DENIAL d . Application of Alton E. and Joyce S. Turner for a Variance to certain elements of the Subdivision Ordinance, which requires lots created by subdivision shall meet all requirements of the Zoning Ordinance, on property on the Ilorth side of Malbon Road, 591 . 8 feet East of Princess Anne Road (Pungo Borough) Recommendation: APPROVAL e. Application of 7 Associates, a virginia General Partnership, for a Variance tc) certain elements of the Subdivision Ordinance, -,ihich requires lots created by subdivision shall meet all requireinents of the Zoning Ordinance, located at 5147 Shore Drive (Bayside Borough). Recommendation: DENIAL f. Application of T. C. Hartsfield, Inc. for a -Change of Zoning from R-6 Residential District to R-8 Residential District on property located at Lot 52, West Oceana Gardens (200 Bob Lane), containing 10,000 square feet (Lynnhaven Borough). Recommeridation: APPROVAL g. Applications of Mattie S. Fentress and Giant Cpen Air PArket, Inc. on property located on the East side of Salem Road, 120 feet South of Zodiac Lane (1772 Salem Road), containing 3.154 acres (Kempsville Borough): Change of Zoni@ from R-8 Residential District to B-2 Community-Business District; AND, Conditional Use Permit for gasoline pumps in conjunction with a Tinee Giant operation. Recommendation: DENIAL h. Application of William and Dale Drinkwater for a Change of Zoning from R-8 Residential District to 0-1 office District, on property located at Lot 2 and 1 /2 of Lot 4, Block 55, Virginia Beach Development Co. (500 23rd Street) , containing 71 50 square feet (Virginia Beach Borough) Recommer,dation: DENIAL H. RESOLUTIONS/ORDINAWE 1. Resolution acknowledging the dangers experienced by employees of convenience stores during evening hours in the City of Virginia Beach. 2. Resolution referring to the Planning Commission Arnendments to Sections 215 and 216 reference sign regul-ations of the Comprehensive Zoning Ordinance. 3. Ordinance to REPEAL Chapter 20 (Sections 20-1, 20-2, 20-3 and 20-4) of the Code of the City of virginia Beach, Virginia, pertaining to Mosquito Control Districts. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City (buncil and will be enacted by one motion in the form listed. if any item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. RESOLUTIONS IN GPATITUDE CONSOLIDATION STUDY COMMITTEE and EXECUTIVE MERGER COMMITTEE A. L. Bonney V. A. Etheridge L. Charles Burlage John V. Fentress Noland C. Chandler Ivan D. @pp Roger L. Riggs WilliaM H. PhillipS Harry Frazier III Grace Swertfeger 2. Old Dam Neck/Upton Roads - 51% Neighborhood Sanitary Sewer Project, 1989-1993 Capital Improvement Program. 3. LOW BID to Ordway Construction, Inc. in the amount of $25,734.00 for FY 1987/88 - 1991/92 Water Utility Capital Improvement Program for the Indian lakes area, CIP 5-978. 4. RAFFLE PEF44ITS: Temple Raanuel Virginia Beach %ritime Historical Mseum Virginia Beach Rotary Club 5. Ordinance auttiorizing tax refunds in the amount of $3, 724. 79. 6. ordinance authorizing license refunds in the amount of $2,307.53. J. UNFINISHED BUSINESS K. NEW BUSINE:SS 1. Resolution to schedule a PUBLIC HEikRING before City (buncil on the question of the minimum lot area to be required for single-family residential properties. L. ADJOURIt4ENT PUBLIC HEARING CCMPRERENSIVE ZONING ORDINANCE 7:00 PM VIRGINIA BEikCH JUNIOR HIGH SCHOOL MARCH 2, 1988 AND KEMPSVILLE HIGH SCHOOL MARCH 10, 1988 CITY COUNCIL SESSIONS OF FEBRUARY 15, 1988 (City Holiday) RESCHEDULED TO FEBRUARY 29, 1988 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 22, 1988 The COMPREHENSIVE ZONING ORDINANCE WORKSHOP of the VIP4',,INIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jone@ U',..e Conferen,, R,o,, City Hall Building, on Monday, February 22, 1988 at 2:00 P.M. Council Members Present: Albert W. Balko, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Harold Heischober (ENTERED: 2:30 P.M.) Robert E. Fentress (ENTERED: 2:40 P.M.) John A. Baum (ENTERED: 3:50 P.M.) - 2 - City Manager's Briefing TWENTY-FOURTH STREET PARK IMPROVEMENTS 4:40 P.M- ITEM # 28836 The City Manager advised in attempting to prepare for the immediate summer, it vias important to proceed immediately with some interim improvements in order to fulfill the intention of this TWENTY-FOURTH STREET PARK. The City Manager presented a sketch of the proposal for this site. The plan has incorporated open space green area in order not to restrict the view of the ocean, which was one of the issues associated with the purchase of the property. A good view of the Museum is provided which is important to be compatible with this neighbor. Screening has been placed on the hotel side of the site. A location has been provided for the temporary stage to be pulled into place for various forms of entertaininent. This is an attempt to relocate same from the 25th Street area @ihere there is a substantial impact on the Norwegian Lady facilities that exist. An arrangement with TRT has been established whereby a visitor kiosk will be provided and staffed to serve as an inforraation source for citizens. Telephone service and "temporary" restroom facilities will be available. The City Manager indicated the location of parking spaces to accommodate the support vehicles necessary for the various types of entertainment. The inclusion of ten parking spaces has been proposed for the volunteers that are employed at the Museum. These improvements can be completed prior to Memorial Day. These improvements do not preclude any alternatives at a future date for another type of utilization of the site. The cost of said improvements is less than $50,000 and funds are available for this purpose within the RESORT PROGRA14S OFFICE BUDGET. Th@'s plan iias been reviewed by Admiral Rumble and the officials of the Virginia Beach Maritime Historical Museum, as well as the Resort Area Advisory Commission. These parties are basica'lly in agreement with the recommendations. Barry Frankenfield, Resort Programs Office, indicated the visitor kiosk will be staffed by the TRT and the Courtesy Patrol and will remain open during the entertainment until 9:00 P.M.;however, these hours are flexible. The following officials of the Virginia Beach Maritime Historical Museum were in attendance to respond to City Council's inquires: Admiral Richard E. Rumble - Director H. Frank Malbon - President James L. Kitchin, Jr. - Vice President - 3 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 28837 The City Manager advised the General Assembly will approve the additional judgesliip for the General District Court. The City Manager requested permission to proceed with preliminary engineering work to provide accommodations for this new Judge. The City Staff has met with the Judges and devised a method of utilizing a portable building to accommodate said needs. The City Manager requested authority to transfer $10,000 within the General Services Budget to initiate preliminary engineering work in order to devise a more definitive cost estimate. The plan brought forward by the Judges would entail two courtrooms. At this time, it is estimated the total cost for recommended improvements would be $150,000. BY CONSENSUS, the City Council gave the City Manager the authority to proceed with the preliminary engineering work. ITEM # 28837 - a Each Monday until the end of the Legislative Session, Status Reports will be provided Ci@@y Council. ITEM # 28838 Councilman Baum referenced the Chesapeake Bay Preservation Act and Non-Tidal Wetlands Bills and requested a State map be provided depicting the watersheds within Virginia that drain into Chesapeake Bay and the actual areas to wliich this legislation applied, as they are not the seme. This information will be beneficial for d4@scussion purposes. Councilman Heischober quoted from the Bill: "... and the promotion of the general welfare of the people of the Cormonwealth require that Counties, Cities and Towns of Tidewater Virginia incorporate general water quality and protection measures into their Coinprehensive Plan, Zoning Ordinances and Subdivision Ordinances; and, secondly the Counties, Cities and Towns of Tidewater Virginia establish prograris in accordance with criteria established by the Commonwealth... This seems to practically consume the City's Comprehensive Plan. Councilman Baum advised, in a newsletter, the Chesapeake Bay Foundation urged their members to get active and monitor construction and agricultural activities. This Bill has greatly expanded the definition of Wetlands once more. Councilman Baum advised approximately 90% of the soil would comply with this definition. ITEM # 28839 Councilman Balko expressed appreciation with an "At-A-Boy" to the City Manager relative his recycling efforts with the schools. This will take about 3,000 tons of material away to be recycled. - 4 - C I T Y C 0 U N C I L C 0 N C E R N s ITF1,1 # 28840 Councilman Balko referenced Case No. 7, South Linkhorn Bay Trust, and Case No. 17, Exxon Company, USA at the February 17, 1988, Board of Zoning Appeals Meeting. Pat Janezeck, Zoning Administrator, advised the Code requires 100 feet of street frontage to allow a free standing sign. The South Linkhorn Bay Trust requested a Variance. The Board of Zoning Appeals granted a 4' x 81 sign, (32 square feet), not exceeding 12 feet in height. Exxon Company USA requested a Variance to allow a free standing sign @There prohibited for establishments which have less than 100 feet of street frontage. The Board granted the request allowing the sign to be limited to 35 square feet, not to exceed 12 feet in height. This sign would be similar to the one at Strawbridge, stating the three prices of gasoline to the side of the name IIEXXONTI. These were not appeals to the Ordinance as many of the others had been on Virginia Beach Boulevard when they were taken down for the widening but outright Variances. The City Staff did OPPOSE same before the Board. The City Attorney's Office will prepare a Resolution to initiate the necessary appeals. ITFM # 28841 Councilman Perry further referenced prevention of the narrow "box car" type liouses on thirty-foot lots. Pat Janezeck advised they are properly recorded 25- foot lots. Councilman Perry inquired @ihether Lake Smith and Gracetown would eventually become an area of "box cars". @he City Attorney will confer with Councilman Perry relative this situation. TTEM # 28842 Councilman Fentress referenced the Resolution from the Vir@inia Municipal League rela,tive their position on the Governor's Proposal for Educational Funding. Councilman Fentress requested the addition to the Agenda of Resolutions relative the State Mandates in the Education Program. Vice Mayor Oberndorf advised a Call To Action Bulletin had been forwarded by the Virginia Municipal League and the Virginia Association of Counties. A Meeting is SCHEDULED Thursday, February 25, 1988, at the Richmond Marriott Hotel at 9:30 A.M. and will conclud-- at 10:45 A.M. which does not require advance registration. The VML and the Virginia Association of Counties are requesting all localities with School Districts to complete a Worksheet and, utilizing the data from the Worksheet, to write the Legislators by February 22 and schedule an appointment with that particular City's Legislators after 10:45 A.M. on Thursday. The local school officials will be invited to attend the educational funding rally and the appointments with the Legislators. On February llth at VML Day, the City Manager of the City of Roanoke called together the area Superintendents, the School Board Members and the Members of the Virginia Municipal League. There were two points emphasized. The @lunding would be inadequate to comply with the mandate for the number of teachers necessary for the classroom size, the psychologists to be employed, et cetera. The City of Roanoke, Danville and others are ant4-cipating a possible 20cts tax rate increase just this year to be able to fulfill the mandates by the General Assembly. It is too late to request the School funding formula be changed. The Cities are requesting Legislators review the Governor's proposed budget. If the funds are not sufficient to cover the itgap" created by the mandate, it is requested the Cities be granted a longer time to meet the State's mandates. - 5 - C I T Y C 0 U N C I L C 0 N C E R N s ITEM # 28842 (Continued) The City Manager advised a letter had been DRAFTED including statistics associated with the impacts of the School Funding Formula as it presently exists. This letter will be signed by each member of City Council to indicate consensus with its contents. ITF14 # 28843 Councilman Moss referenced the article in the WALL STREET JOURNAL on Friday, February 19, 1988, relative the two editorial pages summarizing the last 7 years of the Reagan Administration. In 1980, the real average weekly earn!-ngs of private non-farm employees (in 1977 dollars) was $172.74. Seven years later it is $169.28 and the savings rate has gone from 6% to 3.8%. Affordability in connection with services is at the wage earner level. This mirrors the situation the City is facing within the schools. ITEM # 28844 Vice Mayor Oberndorf issued an "At-A-Boy" to the City Manager and the Solid Waste Department under the Administration of Wade Kyle. Vice Mayor Oberndorf requested a Resolution be DRAFTED to recognize all the employees who administer the automated collection system of refuse handling. Councilman Heischober advised savings of $1.1 MILLION plus Workmen's Conipensation has been realized. Vice Mayor Oberndorf again congratulated the City Manager, Wade Kyle and Dr. James Melvin, who has embraced the recycling effort enthusiastically and is referring same to the School Board. If the newspapers work well for the PTA'S, perhaps the Schools could be utilized as a focus to recycle other products to shoulder burden without costing the taxpayers a great deal as well as bene@-iting PTA's and children in the area. The City Attorney will DRAFT the Resolution. ITEM # 28845 Councilwoman McClanan referenced the application of T. C. Hartsfield, Inc. for a Change of Zoning from R-6 Residential District to R-8 Residential District on property located at Lot 52, West Oceana Gardens (200 Bob Lane), contai-ning 10,000 square feet (Lynnhaven Borough). (See Item VI-G.l.f. of the PLANNING AGENDA.) Councilwoman McClanan advised the Council had DENIED other applications from R-6 to R-8 and there is no record of same in the Zoning history. Councilwoman McClanan inquired if there was a chaige in staff policy as there are a number of homes existing as single-family and she hesitated in changing the direction. Robert Scott, Director of Planning, will advise Councilwoman McCl-anan. ITEM # 28846 Councilman Perry referenced Reedtown and connections with sewer and water. Mrs. Baxter has been offered money for her land and been informed she would not receive sewer and water. The City Manager will meet with @@ouncilman Perry to discuss the details of this particular case and a BRIEFING will be SCHEDULED on a proposal for each of the TARGET NEIGHBORHOODS. ITEM # 28847 The City Manager requested a SPECIAL SESSION of the VIRGINIA BF.ACH CITY COUNCIL on March 31, 1988, for the presentation of the FY 1988-1989 OPERATING BUDGET. BY CONSENSUS, City Council SCHEDULED the City Manager's presentation of the FY 1988-89 OPERATING BUDGET at 4:00 P.M., Thursday, March 31, 1988. - 6 - ITEM # 28848 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, February 22, 1988, at 5:30 P.11- Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara 1.1. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: l@,one - 7 - ITEI'l # 28849 Mayor Robert G. Jones entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, deriiot-@@on, 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. Upon motion by Councilwoman Parker, seconded by Councilma-'l Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Bau,,n, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: I,'one 8 Item V-A. PRESENTATION ITEA 28850 Mr. Max Gunn, Chairman of the VIRGINIA BEACH GLFAN COMMUNITY COMMISSION, received an Award of Merit in the 1987 Governor's Clean Virginia Awards Program. This award was presented to the City's local litter prevention program by the Virginia Department of Waste 14angement, Division of Litter Control and Recycling. Max Gunn, Chairman of the VIRGINIA BEACH CLEAN COMMUNITY COMMISSION, presented this AWARD to the Mayor. FORM NO. P.S. I INTER-OFFICE CORRESPONVENCE DATE: 2/02/88 TO: Ruth Smith DEPARTMENT: Clerk of City Council FROM: Ruby Arredondo Illr DEPARTMENT: GS/LS/Clean Community SUBJECI-: Presentation of Award to Mayor The Virginia Beach Clean Community Commission received an Award of Merit in the 1987 Governor's Clean Virginia Awards Program. This award was presented to our local litter prevention program by the Virginia Department of Waste Managerient, Division of Litter Control and Recycling. The award of meri'L is the second place category of recognition in this statewide prograrli. Being a Mayor's commission, we viould like to officially present this Award of Merit to the Mayor. Thank you for your consideration. nfe cc: Edward S. Barnes 9 Item V-A.(a) (b) PRESENTATION ITEM 28851 The Mayor presented the ENVIRONMENTAL YOUTH PROTECTION AWARDS on behalf of President Ronald Reagan to: KEt4SPVILLE HIGH SCHOOL BOY SCOUT TROOP #481 Kempsville High School and Boy Scout Troop #/,81 assisted the Marine Science Museum with a major salt marsh planting last June. Assistant Scout llaster Hustin Hanes and the two scouts irho I)articipated ACCEPTED the EPA AWARD for Boy Scout Troop #481. ilorman Benwitz, Sponsor of the Marine Biology Club; Jenny Bunch, President; Scott Caldwell, Vice President; and, Mike Fairchild, Treasurer, ACCEPTED the EPA AWARD for Kempsville High School. Mac Rawls, Director of the Marine Science Museum, was in attendance and explained the assistance rendered in protecting a valuable salt marsh. co KEMPSVILLE HIGH SCHOOL or oas ackkilctw@ tn tfcw)lu scri/tccf SAVING A SALT MARSH 'P;ZESIDENT@ 'ENVIQONMENTAL'FOUTH A@VAPDS 'UNITEI) STATES ENVIIZONMENTALPROTECTION AciENr-Y ka(5 s co BOY SCOUT TROOP #481 or cr@s ac&eveow@ tn C"tt scrvtccs SAVING A SALT MARSH 'k va 'PIZESIDENT@ 'ENVIIZONMENTAL'YOUTH A\VAIZDS 'UNITED STATES ENVIIZONMENTALPROTECTIONI AciENC-Y February 2, 1988 Mrs. Ruth Hodges-Smith City Clerk Municipal Center Virginia Beach, VA 23456 Dear Mrs. Smith, Thank you for arranging the City Council presentation on February 22, 1988 for the two groups who are being recognized by the United States Environmental Protection Agency. I am very pleased that the mayor will recognize these youths for the important role they served in helping the Virginia Marine Science Museum protect a valuable salt marsh. The certificates being presented are for "outstanding achievement in environmental protection services" and are awarded through the E.P.A.'s Presidents' Environmental Youth Awards. They represent a conimendation from the President of the United States for efforts in assisting the Marine Science Museum with a major salt marsh planting last June. The two groups involved are the Marine Biology Club at Kempsville High School (Mr. Norman Benwitz, sponsor) and Boy Scout Troop #481 (Mr. Peter Day, Headmaster). I have arranged to have Mr. Benwitz and the officers of the Marine Biology Club present for the presentation. Mr. Beiwitz has asked his principal to participate and I will confirm this with you later. Boy Scout Troop #481 will be represented by Cmdr. Hustin Hanes, Assistarit Headmaster, and the two scouts who participated. The Marine Science MuE;eum will be represented by C. Mac Rawls, Director. Also, for information purpoe@es I am enclosing a copy of the letter we received from Mr. James M. Seif, Regional Administrator Mrs. Ruth Hodges-Smith Page 2 for the Environmental Protection Agency. Please let me now when you would like to receive the certificates prior to the presentati@3n. Thank you again for your assistance. The Virginia Iarine Science Museum is proud to sponsor these students for the prestigious ajard and we appreciate the City's willingness to add to the significance of their efforts. Sincerely, @/iia @ Wang miitr. tive Assi., JFW/ks Attachment CC: C. Mac Rawls, Virginia Marine Science Museum Norman Benwitz, Kempsville High School Peter Day, Boy Scout Troop #481 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION Ill 841 Chestnut Building Philadelphia, Pennsylvania 19107 JAN 2 0 1988 Boy Scout Troop 481 c/o Virginia Marine Science @eum 717 General Booth Blvd. Virginia Beach, VA Z3451 Dear Friends: Congratula-ions! You have successfully completed a project that has been chosen to recaive an award for the President's Environmental Youth Awards Ilrogram. it is par,-icularly important for people to begin learning about the environment at an early age. As the future leaders of America, you will be able to make intelligent decisions about protecting the envirorunent as you learn more about it. I commeud a-11 of you for your initiative, and I have enclosed cer-.illicates for everyone who worked on the project. I hope you will be able to participate in the Youth Awards Program again next year. Si j R@ r Enclosures - 10 - Item V-B.l.(a) (b) RESOLUTIONS IN GRATITUDE ITEI',L r@ 28852 Councilwoman McClaiian PRESENTED RESOLUTIONS OF APPRECIATION AND COMMENDATION to: CONSOLIDATION STUDY COMMITTEF A. L. Bonney L. Charles Burlage Noland C. Chandler Roger L. Riggs Harry Frazier III EXECUTIVE MERGER COMMITTEE V. A. Etheridge John V. Fentress Ivan D. Mapp William H. Phillips Grace Swertfeger Tlie Resolutions recognized their outstanding leadership roles in the formulation and maturation of the City. Roger L. Riggs and Harry Frazier III were in attendance to ACCEPT the RESOLTJTIONS IN GRATITUDE. Item V-C.(a) PROCLAMATION ITEM 28853 The Mayor PROCLAIMED February 19-20, 1988, as: BLACK HISTORY CELEBRATION DAYS This PROCLAMATION urged all citizens to take proper note of this observance and its significance to the Black residents in the Community. Tliis PROCLAMATION was ACCEPTED by Alice Green, Sayde Shaw and Ernest Benson. On behalf of the Coalition of Minority Civic Leagues, Sayde Shaw presented to the Virginia Beach City Council a plaque in appreciation of the City Council's outstanding and dedicated service. Vice Mayor Oberndorf had previously ACCEPTED this plaque on behalf of the City Council on February 20, 1988. WHEREAS, Blacks make up the largest percentage of the ethnic population in Virginia Beach; and WHEREAS, Blacks have contributed greatly to the enrichment of life in what was Princess Anne County, and Blacks are valued citizens of Virginia Beach; and WHEREAS, the Citizen Advisory Committee was created by the City Council of Virginia Beach to restore and preserve Black culture, identity, and properties; NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of virginia Beach, do hereby proclaim February 19-20, 1988, as BLACK HIS!RORY CPT.FRRATION DAYS in Virginia Beach and urge all citizens to take proper note of this observance and its significance to the Black residents in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach, virginia, to be affixed this tenth day of February, nineteen hundred and eighty-eight. Rober G. Jo es M or - 12 - Item V.C.(b) PROCLAMATION ITEM # 28854 Vice Mayor Oberndorf presented aPROCLAMATION proclaiming March 6-12, 1988 as: AMERICAN ASSOCIATIOX OF UNIVERSITY WOMEN WEEK This PROCLAMATION was ACCEPTED by Betsy Barton, Susan Wagner and Juanita Felton. This PROCLA14ATION recognized the American Association of University Women in its support of the advancemen@@ of women, involvement in community issues and lifelong learning. - 13 - Item V-C.(c) PRESENTATIONS ITEM # 28855 ADD-ON Vice Mayor Oberndorf advised she and Councilman Moss represented the City Council at the FLEET RESERVE ASSOCIATION for their Patriotism Day. The PROCLAMATION by the Mayor was PRESENTED to the FLEET RESERVE ASSOCIATION. Vice Mayor Oberndorf presented to the Mayor a plaque from the FLEET RESERVE ASSOCIATION which she had ACCEPTED on his behalf February 10, 1988. - 14 - Iter.q V-C.(d) PRESENTATIONS ITE@L # 28856 ADD-ON The City Clerk advised of the PROCLAMATIONS PRESENTFD in February: American History Month February Vocational Fducation Week February 7-13 Boy Scouts of America Week February 7-13 Americanism Day February 10 Business-Industry Education Day February 11 Virginia Beach Key Clubs Day February 17 VINSB Jazz Appreciation Ileek February 21-27 - 1 5 - F ORM A L S E S S ION VIRGINIA BEACH CITY COUNCIL February 22, 1988 7:25 P.M- Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, February 22, 1988, at 7:25 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, Vice Mayor Meyera E. Oberndorf, @Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Councilman Robert E. Fentress PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 16 - ADOPTION OF ITMIS Item VI-D.l. ITEM # 28857 1 e Mayor referenced the application of 7 Associates, a Virginia General ,h Partnership, for a Variance Lo certain elements of the Subdivision Ordinance, which requires lots created by subdivision shall meet all require,,,qents of the Zoning Ordinance, located at 5147 Shore Drive (Bayside Borough). (See Item VI-G.l.e. of the Planning Agenda.) This item will be moved forward on the AGENDA for the purpose of voting upon DF.FERRAL. Item VI-D.2 ITE,@L # 28358 Councilman Fentress referenced the application of William and Dale Drinkvater for a Chanie of Zoning from R-8 Residential District to 0-1 Office District, on property located at Lot 2 and 1/2 of Lot 4, Block 55, Virginia Beach Development Co. (500 23rd Street), containing 7150 square feet (Virginia Beach Borough). (See Iteii VI-G.l.h. of the PLANNIIIG AGENDA.) This @ltem will be moved forward on the AGENDA for the purpose of voting upon DEFERRAL. Item VI-D-3- ITDL # 28859 Councilman Fentress advised there are three items on the City Couiicil Agenda for dil-ferent Fentress's. Councilman Fentress advised he was not related to any of these persons. Item VI-D.4. IT@@,M # 28860 Vice Mayor Oberndorf advised of the -addition of ai item under NEW BUSINESS. Item VI-D-5- !TEM # 28861 Councilr,ian Fentress referenced the addition of two Resolutions relative State Mandates of Education Funding. These items will be ADDED under NEW BUSINESS. BY CONSENSUS, with the e;cception of Councilwoman IIcClaiian's VEPBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman '@@IcClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. - 17 - Item VI-E.1 MINUTES IT&14 # 28862 Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of February 8, 1988. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Robert E. Fentress, ,Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. tioss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 18 - Item VI-F.l/G.l. PLANNING ITEti # 28863 Mayor Robert G. Jones DECLARED a PUBLIC HEARING on: PLANNING F.l. a. OLD DONATION FARM PARTNERSHIP CLARIFICATION OF CONDITION No. 5 G.l. a. WILLIAM E. WOOD RECONSIDERATION of Condition b. SIGNET ENTERPRISES, LTD. STREET CLOSURE c. RICHARD C. FENTRESS STREET CLOSURE d. ALTON E. AND JOYCE S. TURNER VARIANCE e. 7 ASSOCIATES VARIANCE f. T. C. HARTSFIELD, ING. CHANGE OF ZONING g. MATTIE S. FENTRESS/GIANT OPEN AIR MARKET CHANGE OF ZONING & CONDITIONAL USE PERMIT h. WILLIAM AND DALE DRINKWATER CHANGE OF ZONING - 19 - Item VI-F.l.a. PLANNING STAFF BRIEFING ITEM # 28864 The City Staff provided CLARIFICATION of Condition No. 5 in the applications of Old Donation Farm Partnership for Variances to Section 4.1(b)(1), Section 4.4(b), Section 5.2, and a Conditional Use Permit for open space promotion. Approved June 1. 1987: Condition No. 5: Pembroke Boulevard shall be extended but not used until and unless the private road is declared structurally sound by the City Engineer. Cost of repair to be borne by the developer. In addition, an a.dequate foot bridge shall be added to the private road for the safety and convenience of pedestrians and bicyclists. Robert Scott advised OLD DONATION FARM PARTNERSHIP is comprised of a 39-lot subdivision being developed on the property. The subdivision being developed is connected to Pemb,oke Boulevard by a dam (a causeway) across a body of water and the nature of the construction to be conducted on same is the issue. The dam has at least a basic level of stability. It is utilized now only by occasional levels of traffic. There has been indication by an engineer hired by the developer that the dam is essent,@ally safe for limited vehicular traffic. The dam lies within a City owned right-of-way; and, therefore is a public facility. It is capable of handling limited traffic in only one direction at a time. As there is water on each side of the dam, there is a level of safety under consideration should two vehicles attempt to cross in opposite directions at the same time. This could occur even if only one vehicle should attempt to cross under certain circumstances due to weather and darkness. The issue of liability must be considered. It is one of only two ways into this property. The other way is through the adjoining subdivision along existing streets. The City Staff's interpretation of said condition is the developer does not have to improve the dam road should he not desire unless if this road is to be utilized as access, then the road must be developed to City standards. As per City Council's request on June 8, 1987, the City Staff clarified the conditions imposed upon the applications of OLD DONATION FARM PARTNERSHIP on June 1, 1987. Robert Scott referenced the Memorandum from Charles G. Hassen, Director of Operations Division - Planning Department, further interpreting the conditions. (Said Memorandum is hereby made a part of the record.) Photographs of the dam were displayed to City Council. Robert Scott advised the Developer had submitted plans for improvements to the dam. The DAM PLAN by John E. Sirine an Associates, Ltd. of OLD DONATION FARM is hereby made apart of the record. The Citv Engineer's office in reviewing same has indica+.ed a violation of Condition No. 5 as the road is not of a width that would comply with City Standards. The Developer as he reaches each critical point seems prepared to comply with the conditions. At an appropri-ate point in the process, he understood he had a pump station to build which was in the Historical and Cultural District established by the City Council. The Developer initiated the appropriate steps to have his plar.. reviewed by the Historical Review Board. Donald Trueblood, City Engineer, advised the dam is structurally sound for one-lane of traffic carrying vehicular and light truck traffic but not wide enough for two lanes; however, City Staridards require two-lane streets. Any modification of the dam would require a permit from the Corps of Engineers. There has been a waterline installed across the dam but this was not considered a modification. Donald Trueblood had advised on June 8, 1987, that it was possible to upgrade the existing dam so it could be stabilized in order that traffic would not cause its collapse, but this still leaves a nine-foot wide roadway, which is not satisfactory. There should be either unlimited access from the subdivision to the end of Pembroke Boulevard which means the construction of a two-lane roadway or not utilizing the dam. Donald Trueblood advised Councilman Heischober this was still his intent. Counc*llman Heischober advised this was his intent in his original MOTTON on June 1, 1987. - 20 - Item VI-F.l.a. PLANNING STAFF BRIEFING ITEM # 28864 (Continued) In response to Vice Mayor Oberndorf, Donald Trueblood advised the City Staff recommended the removal of trees on the dam Road. These trees have been removed. The roots of the trees ultimately provide a way for water to go through the dam, iqhich will ultimately destroy this dam. Tlie developer paid for the removal of the trees. Councilwoman Henley advised there has been concern expressed by several individuals as well as groups that perhaps a procedure was not followed as it should have been. Councilwoman Henley was attempting to establish the fact that the procedure had been followed. The City Council was not looking at a situation where this development had proceeded without all of the conditions being duly recognized and duly followed by the City Staff. All of these conditions were still going to be adhered to explicitly and to the "letter". It is importa-,it that all of this information be established and there be confidence in the fact that the conditions placed on the application by the City Council had indeed been followed and would continue to be followed to the "letter". The following spoke relative CLARIFICATION of Condition No. 5: Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and advised if the City Council has said the Dam Road cannot be utilized unless it complies with City Standards, which means 30 feet, 2-way traffic and paved, then obviously as a matter of economics tilis cannot be done. It simply will not be utilized. If it is the intent of the City Council to cease the entire project, then the developer does have differences with the City Council. The rights of the developer are vested and obviously he can proceed forward with development. Roy D. Aubrey, 704 Abbey Arch, Phone: 499-3026, advised since May there have been numerous heavy vehicles crossing the dam. Roy Aubrey houed there has not been irreparable damage to the structure. James Willenbrink, 605 Hudgins Court, Phone: 497-0700, Chairman of the Building and Grounds Go,.qm-ittee - lembroke Meadows/Shores Civic League, advised the ownership of the dam is a matter of concern for the Civic League. The Civic League owns Lake Meadows and a segment of Wetlands to the left and therefore has a considerable interest in the welfare of the dam. The legal responsibility of the dam should be established before any further work is done on the dam. The Civic League recommended a physical barrier to all vehicular traffic be placed on the dam road as soon as possible. James llillenbrink read into the record a letter of complaint dated December 21, 1987, from a resident, Sarah Lowman. Larry Van Dessel, 812 St. Martin Drive, Phone: 456-5755, represented the Pembroke Meadows Civic League, advised he is a Civil Engineer and another boring was requested to define further the stability of the dam. There has been severe cracking of the edges of the asphalt and there are four pot holes on the dam road. Henry Dean, 4424 Cambria Street, Phone: 499-6574, Vice President - Pembroke Shores Civic League, advised the wood will rot from the fallen trees on the dam road, which will cause damage to the road. Larry Gurioli, 620 Whitechapel Drive, Phone: 497-5887, expressed concern with safety and structural stability with relation to vehicular traffic on the dam. Larry Gurioli urged a blockade across the dam to vehicular traffic. Sherry Cooper, 648 Bishop Drive, Phone: 497-2981, Secretary of the Peribroke Meadows Recreat*-Ion Committee, referenced the safety of those children and members utilizing the pool and the legal liability of the dam. Kenton B. Patrick, 4317 Bonney Foad, Phone: 486-4910, @TAIVED his right to speak. - 21 - Item VI-F.l.a. PLANNING STAFF BRIEFING ITEM # 28864 (Continued) Franklin R. Nickaun, 716 Abbey Arch, Phone: 497-3372, represented the Pembroke Meadows Civic League, referenced the pot holes in the dam and distributed present photographs of the dam. Gib Seese, 2413 Edenbrook Drive, Phone: 645-7035, WAIVED his right to SDeak Robert Finley, 4449 Hudgins Drive, Phone: 473-0118, President - lembroke Meadows Civic League and distributed photographs of the dam. Robert Finley expressed his concern relative the fragile nature of the entire area. There have been no erosion measures taken relative this development. Robert Finley requested a walkway protected by guard rails across the dam. Rae If. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, President of the Citizens Action Coalition. Traffic on the dam should be limited to bicycles and pedestrians Charles 'IC.Cll Taylor, 600 Liverpool Street, Phone: 497-3773, Charles Taylor believed the trucks should go across the dam. C. C. Taylor objected to traffic going through the heart of Pembroke Meadows on Cheswick Lane. The safety of the children is more important. Phillip Addabbo, 652 Bishop Drive, Phone: 497-1720, advised the Lynnhaven River on one side of the dam was 8 feet lower than Lake Meadows. Lake Meadows is filled by drainage from the area. NO ACTION was taken as the City Council concurred with City Staff's CLARIFICATION of Condition No. 5 in the applications of Old Donation Farm Partnership for Variances to Section 4.1 (b) (1 ) , Section 4.4(b) , Section 5.2, and a Conditiona Use Permit f7or open space promotion. Approved June 1. 1987. Access to the dam shall be blockaded except for pedestrian and bicycle traffic. The clean-up work or any detrimental effects to the dam would be the responsibility of the contractor. The City Manager referenced Cliarles G. Hassen's Memorandum of June 17, 1987, clarifying Condition No. 5. If the developer does not elect to improve Penbroke Boulevard, adequate improvements must be installed from Pembroke Boulevard to the proposed cul-de-sac on the Old Donation Farm. These improvements are required to provide safe access for pedestrian and bicycle traffic. The improvements shall include, but not be limited to guard rails. Donald Trueblood, City Engineer, advised there will be two sections of guardrails placed at tlie end of the dam with an openiig in the middle wide enough for bicycles and pedestrians to go through and extending far enough out on the sides that vehicles cannot drive by. - 22 - Itei,i VI-G.l.a. PTJBLIC HEARING PLANNING ITL'4 # 28865 Joseph J. Basgier, 3133 Magic Hollow Boulevard Phone: 427-1337, represented the applicant Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ALLOWED IIAIVER of Shopping Center Intersection footage subject to right-turn in and out only and no median cut, in the application of WILLIAM E. WOOD for a Change of Zoni,,lg District Classification from R-6 Residen-lial District to B-2 Community Business District (Kempsville Borough). This Ordinance was ADOPTED by City Council on November 10, 1975. City Council on January 25, 1988, SCHEDULED RECONSIDERATION of ,, Condition for the City Council Meeting of February 22, 1988: Condition No. 3. 3. b@ bi@. I:east e Hei,ii,svil:i:e Roftd atid E)ettbe,vi+/-i:e There shall be a right-turn in and out only a,t the Kempsville entrance and no median cut. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, ',Iobert E. Fentress, liarold Heischober, Barbara M. Henley, Mayor Robert G. Joneq, i@eba S. McClanan, John D. !,loss, Vice Mayor Meyera E. Oberndorf and ,Iancy K. Parker Council Members Voting @lay: None Council @llienibers Absent: John L. Perry - 23 - Item IV-G.l.b. PUBLIC HEARING PLANNIliG ITE14 # 28866 Gil Holt, 2964 Adam Keeling Road, President of Signet Enterprises, represented the applicant, and advised the applicant wished to modify the request to reduce the portion of Thompkins Lane to be closed. Gil Holt distributed copies of two plats, a plat showing the original portion to be closed and a revised plat depicting this reduction. (Said plats are hereby made a part of the record.) Upon motioii by Councilman @loss, seconded by Councilman Baur@i, City Council DEFERRED ninety (90) days for compliance of conditions until the City Council Meeting of May 23, 1988, an application of SIGNET ENTERPRISES, LTD. for the discontinuance, closure and abandonment of a portion of Thompkins Lane. The applicant must comply with all conditions and if they are not met within ninety days, the application shall be DENIED. Application of Si-gnet Enterprises, Ltd. for the discontinuance, closure and abandonment of a portion of Thompkins Lane located on the east side of the Southe-n terminus of East Goodview Drive, running a di-stance 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 witli qore detailed information are available in the Department of Planning. KEMSPVILLE BOROUGH. Voting; 11-0 Counci-1 Members Voting Aye: Albert W. Balko, John A. Baum, lzobert E. Fentress, Harold Heischober, Barbara ti. Henley, 'layor Robert G. Jones, Reba S. McClanan, John D. iioss, Vice llayor l,',eyera E. Oberndorf, Nancy K. Parker and John L. Perry Council @leiilbers Voting Way: None Cou,icil "!embers Absent: None - 24 - Item VI-G.l.c. PUBLIC HFARING PLANNING ITEIM # 28867 Attorney Winston Snyder, 2620 Southern Boulevard, Suite 102, Phone: 463-5250, represented the applicant and requested City Council WAIVE the vacation requirement of Lots 29 and 30 and DEFER for an additional 30 days to record the plats and dedicate the utility easement. John F. Hill, Jr., 4534 Bonney Board, Phone: 497-7472, Engineer with Patton, Harris Trust & Associates, represented the applicant, and advised the Planning Department had indicated Lots 29, 30 and 31 of Block 28 of the Euclid Place Subdivision, which lie adjacent to the west of a portion of the proposed street closure, are owned by Lees Enterprises. Two of these legally plated lots, Lot 29 and Lot 30, have right-of-way frontage only on Brian Avenue. If this portion of Brian Avenue is closed, these two lots will be left without frontage on a public right-of-way. Lees Enterprises must concur with the street closure and resubdivide, vacating internal lot lines, for the conditions of closure to be met. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council DEFERRED ninety (90) Days for compliance of conditions until the City Council Meeting of May 23, 1988, an Ordinance upon application of RICHARD C. FENTRESS for the discontinuance, closure and abandonment of a portion of Brian Avenue. If compliance has not been attained, the application shall be DENIED. Application of Richard C. Fentress for the discontinuance, 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: 8-3 City Courcil Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Barbara M. Henley,* Reba S. Mcclanan and John D. ',loss Council Members Absent: None "Verbal Nay - 25 - Itern IV-G.1 d. PUBLIC HEARING PLANNING ITEM # 288'C)8 Attorney Grover Wright represented the applicant and advised the Turner's purchased this property in 1972 and have been paying taxes as a building site for the last 16 years. 'Zecently tlie were advised the property had never been properly subdivided by the pri.or owner. Upon motion by Counci-lwomaii Henley, seconded by Councilman Baum, City Council APPROVED the ap-lication of ALTON E. AND JOYCE S. TURNER for a Variance to certain elements of the Subdivision Ordinance, @ihich requires lots created by subdivision shall meet all requirements of the Zoning Ordinance. Appeal from Decision of Adm4-nistrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Alton E. & Joyce S. Turner. Proper-@y is located on the north side of i,lalbon Road, 591.8 feet east of Princess Anne Road. Plats with more detailed information are available in the Department of Playining. PUNGO BOROUG@L Tlle following condition shall be required: 1 . Submittal and approval of an acceptable site plan and an application for an on-site sewage d-*Isposal system. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, Johri A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClaian, John D. I-loss, Vice Mayor l,leyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: one Council Members Absent: None 26 - Item VI-G.l.e. PUBLIC HEARING PLANNING ITEM 28869 Attorney Michael Wood, 909 Adanka Lane, Phone: 463-8800, represented the applicant and requested DEFERRAL to obtain supporting information from Amoco and McDonalds who are adjoining this particular parcel of land. Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City Council ALLOWED DEFERRAL for sixty (60) days until the City Council Meeting of May 2, 1988, an Ordinance upon application of 7 ASSOCIATES, a Virginia General Partnership, for a Variance. Appeal from Decision of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for 7-Associates, a Virginia General Partnersliip. Property is located at 5147 Shore Drive. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. Voting: 11-0 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, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Noiie This item was MOVED FORWARD on the Agenda. - 27 - Item VI-G.l.f. PUBLIC HF.ARING PLANNING ITEM # 28870 Tim Hartsfield, 1218 Norview Avenue, Phone: 853-4616, represented the applicant, proposed to tear down the present house on the property and build a 2-family duplex. Currently a duplex exists immediately adjacent to the property and one diagonally across the street. LCDR Mark Terrell, NAS Oceana, Phone: 433-2408, advised the application was located within AICUZ noise Zone 3 surrounding NAS Oceana A letter from Georgette Constant-Davis, dated February 22, 1988, was distributed to City Council. This letter stated opposition to duplex zoning. (Said letter is hereby made a part of the record) A MOTION was made by Councilman Balko, secoiided by Cou:acilman Baum to ADOPT an Ordinance upon application of T. C. Hartsfield, Inc. for a Change of Zoning from R-6 Residential District to R-8 Residential District on property located at Lot 52, West Oceana Gardens (200 Bob Lane), containing 10,000 square feet (Lynnhavela Borough), subject to a noise disclosure statement being placed in the lease. Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober and John L. Perrv Council Members Voting Nay: Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker Council Members Absent: None - 28 - Item VI-G.I.f. PUBLIC HEARING PLANNING ITEM # 28870 (Continued) Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council DENIED the application of T. C. HARTSFIELD, INC. for Changes of Zoning: ORDINANCE UPON APPLICATION OF T. C. HARTSFIELD, INC., FOR A CHANGE OF ZONING FROM R-6 to R-8 Ordinance upon application of T. C. Hartsfield, Inc., for a Change of Zoning District Classification from R-6 Residential District to R-8 Residential District on Lot 52, West Oceana Gardens. Said parcel is located at 200 Bob Lane and contains 10,000 square feet. LYNNHAVEN BOROUGH. Voting: 9-2 City Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Barbara M. Henley, llayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: John A. Baum and Harold Heischober Council Members Absent: None - 29 - Item VI-G.l.g. PUBLIC HEARING PLANNING ITEI@I # 28871 Attorney James Pickrell, Princess Anne Cour" House, Phone: 427-2700 Robert S. Fentress, 1316 Teresa Drive, Phone: 482-2650, represented the applicant Anne Jackson, 1763 Salem lioad, Phone: 467-0342, spoke i-,q OPPOSITION to this development in a totally -esidential community. Upon motion by Councilman Moss, seconded by CouncilmeLn Balko, City Council DENIED Ordinances upon application of 14ATTIE S. FENTRESS and GIANT OPEN AIR MARKET, INC., for a Change of Zoning District Classification and Conditional Use Permit: ORDINANCE UPON APILICATION OF MATTIE S. FENTRESS AND GIANT OPED! AIR MARKET, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO B-2 Ordinance upon application of Matti-e S. Fentress and Giant Open Air Market, Inc., for a Chanpe of Zoning District Classification from R-8 Residential District to B-2 Community-Business District on the east side of Sale:n Road, 120 feet south of Zodiac Lane. Said parcel is located at 1772 Saler. Road and contains 3.154 acres. Plats with more detailed information are available in the Department of Planning. KEMSPVILLE BOROUGH. A N D, ORDINANCE UPOD] APPLICATION OF MATTIE S. FENTRESS AND GIANT OPEN AIR MARKET, INC. FOP, A CONDITIONAL USE PERMTT Ordinance upon application of Mattie S. Fen-@ress and Giant Open Air Market, Inc., for a Conditional Use Permit for gasoline pumps in conjunction with a Tinee Giant operation on the east side of Saler@i Road, 120 feet south of Zodiac Lane. Said parcel is located at 1772 Salem Road and contains 3.154 eLeres. Plats with more detailed information are available in the Department of Planning. KEIIPSVILLE BOROUGH. - 30 - Itein IV-G. 1 . g. PUBLIC HEARING ITEM # 28871 (Continued) PLANNING Voting: 10-1 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 I). Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John L. Perry Council 14embers Absent: None - 31 - Item IV-G.l.h. PUBLIC HEARING ITEM # 28872 PLANNING William Drinkwater, 3007 Pacific Avenue, Phone: 422-0111 represented the applicant and requested DEFERRAL to discuss the matter with adjacent residents in opposition to the application. The following spoke in OPPOSITION to the DEFERRAL: Thomas Lane Jackson, 430 23rd Street, Phone 422-4773, Betty L. Connell, 409-23rd Street, Phone: 428-1562 Upon motion by Councilman Fentress, seconed by Councilman Perry, City Council DEFERRED for thirty (30) days until the City Council Meeting of March 28, 1988, an Ordinance upon application of WILLIAM AND DALE DRINKWATER for a Change of Zoning: ORDINANCE UPON APPLICATION OF WILLIAM & DALE DRINKWATER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 to 0-1 Ordinance upon application of Willliam & Dale Drinkwater for a Chanp,,e of Zoning District Classification from R-78 Residential District to 0-1 Office District on Lot 2 and 1/2 of Lot 4, Block 55, Virginia Beach Development Co. Said parcel is located at 500 23rd Street and contains 7150 square feet. VIRGINIA BEACH BOROUGH. Voting: 7-4 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss and John L. Perry Council Members Voting Nay: Albert W. Balko, Barbara M. Henley, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None This item was MOVED FORVIARD on the Agenda. - 32 - Itei,q VI-H.l. RESOLUTIONS/ORDINANCE ITEM # 28873 The following spoke in relation to the Resolution: Jean Berrer, 301 26th Street, Phone: 425-9930, Go-Chairman of the Convenience Stare Safety Comm4@ttee, represented Covenience Store Employees in fear of violence in the work place, concerned citizens and the families of victims, and expressed appreciation to the City Council, especially Vice Mayor Oberndorf and Councilman "arold Heischober, City Attorney Dale Bipson and Assistant City Attorney Bill Byrflan. Jean Berrer's father was killed in 1977 and the nationwide list of Convenience Store Employee v4-ctims has groiqn by thousands. According to a Study recently published in the American Journal of Public Health, Convenience Store E-mployees are six times more likely than the average worker to die on the job, only police and cab drivers face greater danger. Chief Wall has made a major effort, currently being head of the Hampton Roads Association of Police Chiefs and will be assisting in special prograins at the Meeting on Friday, February 26, 1988. A special safety training session for clerks will be presented by the Police Department on March 1, 1988. Darryl C. Wooten, 1005 Arnold Street, Newport News, Phone: 244-7063, Co- ChairE@an of the Convenience Store Safety Comnittee in Newport News, advised the fear of being alone on the 11:00 P.M. to 7:00 A.M. shift. Darryl requested solid assurance of the Clerk's safety. Southiand Corporation has put pressure on t'le clerks not to speak to the public. Nancy M. Venable, 4104 Brookside Lane, Phone: 463-4974, Chairman of the Convenience Store Safety Committee, sister of Jean Berrer. Nancy Venable distributed information relative Convenience Store Safety. (Said information is hereby made a part of the record.) liancy Venable invited the C!-ty Council and all interested inembers of City Government to attend the Meeting with Chief Wayland Clifton, Jr., of Gainesville, Florida,at 7:00 P.M. on Friday, February 26, 1988, in the CENTRAL LIBRARY. This meeting is sponsored by the Conveience Store Safety Committee and the Hampton Roads Association of Chiefs of Police. Chief Clifton's presentation will explain the results of a series of Ordinances ADOPTED by the City Council of Gainesville, Florida, which reduced Conveniece Store Crime in that City by 65%. Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City Council ADOPTED: Resolution acknowledging the dangers experie-'lced by employees of convenience stores during evening hours in the City of Virginia Beach. - 33 - Item VI-H.l. RESOLUTIONS/ORDINANCE ITEM # 28873 (Continued) Voting: 11-0 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, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1 RESOLUTION ACKNOWLEDGING THE DANGERS 2 EXPERIENCED BY EMPLOYEES OF CONVENIENCE 3 STORES DURING EVENING HOURS IN THE CITY 4 OF VIRGINIA BEACH 5 6 7 WHEREAS, in consideration of the reasonable fear of robbery 8 and unlawful violence continuously experienced by employees of 9 convenience stores in the City of Virginia Beach; and 10 WHEREAS, the danger to such employees is greatest during the 11 late night hours when store employee levels are reduced and fewer 12 customers are present; 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 That the Council of the City of Virginia Beach, Virginia, 16 expresses its support for the association of convenience store 17 employees who are seeking to minimize the dangers inherent in 18 such employment and business; and further 19 That this Council will pursue such reasonable and lawful 20 measures as may be available to achieve this end. 21 Adopted this 22nd day of February -, 1988, by the 22 Council of the City of Virginia Beach, Virginia. 23 24 WEB/dga 25 Store.res 26 02/04/88 27 02/09/88 - 34 - Item VI-H.2. RESOLUTIONS/ORDINANCE ITal # 28874 Upon motion by Councilman Fentress, seconded by Councliman Balko, City Council ADOPTED: Resolution referring to the Planning Commission Amendments to Sections 215 and 216 reference sign regulations of the Comprehensive Zoning Ordinance. These Amendments shall be returned to the City Council within 90 days. Voting: 11-0 Council Members Voti-ng Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Ilayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 1 A RESOLUTION REFERRING TO THE 1 PLANNING COMMISSION CERTAIN 2 AMENDMENTS TO THE SLGN REGULATIONS 3 OF THE COMPREHENSIVE ZONING 4 ORDINANCE 5 6 7 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That the attached amendments to Sections 215 and 216 of 10 the Comprehensive Zoning Ordinance of the City of Virginia Beach, 11 pertaining to nonconforming signs and billboards, are hereby 12 referred to the Planning Commission for its consideration and 13 recommendation to the City Council. 14 15 Adopted by the Council of the City of Virginia Beach, 16 Virginia, on this 22nd day of February 1988. 17 WMM/epm 18 02/12/88 19 CA-02583 20 /Ordin/Proposed/215ETCZO.res TC) Co.,@TE,@,!T T 1 AN ORDINANCE TO AMEND SECTIONS 215 2 AND 216 OF THE COMPREHENSIVE ZONING 3 ORDINANCE, PERTAINING TO 4 NONCONFORMING SIGNS AND BILLBOARDS 5 6 WHEREAS, there a r e a substantial number oE 7 nonconforming billboards and signs within the City of Virginia 8 Beach; and 9 WHEREAS, many such billboards and signs are located on 10 streets which are presently being widened or will in the future 11 be widened; and 12 WHEREAS, it is the desire of the City Council to 13 eliminate any doubt that the City's present sign regulations 14 require the conformance of billboards and signs located in the 15 rights-of-way of streets being widened, and to declare, rather 16 than change, the intent of such regulations; 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 18 THE CITY OF VIRGINIA BEACH, VIRGINIA: 19 That Sections 215 and 216 of the Comprehensive Zoning 20 Ordinance of the City of Virginia Beach, Virginia, are hereby 21 amended and reordained to read as follows: 22 23 Section 215. Nonconforming signs. 24 (a) Notwithstanding the provisions of section 105(f) 25 of this ordinance, No no nonconforming sign shall be structurally 26 altered, enlarged, moved or replaced, whether voluntarily or by 27 reason of involuntary damage to or destruction of such sicjn, 28 unless the such sign is brought into compliance with the 29 provisions of this ordinance. No nonconforming sign shall be 30 repaired at a cost in excess of fifty (50) percent of its etrrent 31 rep-lacement original cost unless such 32 caused to comply with the 33 provisions of this ordinance by--t-ile--i-ando@. A-1-1 Any 34 nonconforming which etre is not maintained 35 continuously in a- good repair, and@or-@-i 36 any nonconforming signs which are is abandoned for a period of 37 two (2) years shall be removed. For purposes of this section, a 38 sign shall be considered-ae deemed to be abandoned if no copy or 39 advertising matter is exhibited on the advertising faces of the 40 such sign. 41 (b)Notwithstanding the provisions of subsection (a) 42 hereof, the zoning administrator may, at his discretion and with 43 the concurrence of the director of permits and inspections, vary 44 the requirements of this ordinance pertaining to the allowed 45 number of signs, total sign area, individual sign area, number of 46 free-standing signs and height of free-standing signs in cases in 47 which the owner of a sign or other proper party desires to 48 repair, replace, relocate or structurally alter an existing 49 nonconforming sign or combination of signs and such repair, 50 replacement, relocation or structural alteration is not required, 51 or has not been made necessary, by reason of damage, destruction, 52 deterioration, disrepair or noncompliance with applicable 53 building code standards or any of the provisions of this 54 ordinance; provided, however, that the regulations set forth in 55 subsections (c) and (d) of Section 944.1 of this ordinance shall 56 not be so varied. 57 (c) Nothing in this section shall be construed to 58 limit or otherwise impair the right of any proper party to apply 59 to the Board of Zoning Appeals for a variance from any of the 60 sign regulations set forth in this ordinance. 61 62 Section 216. Outdoor advertising structures, billboards, 63 signboards and poster panels. 64 65 (a) No new billboards shall be erected within the City 66 limits, effective iminediately. All existing billboards are 67 deciared- @ -be- @-ttses-aitd @@re-s--and shall be 68 governed by the provisions of sections--l@@ 215 of the this 69 rening ordinance. No billboard 70 heretofore erected shall be located, in whole or in part, upon 71 improved property. 2 7 2 (b) No billboard shall be located within five hundred 73 (500) feet of an interchange, or intersection at grade, on any 74 highway, interstate or city council designated expressway 75 (nieasured along the highway, interstate or expressway to the 76 nearest point of the beginning or ending of pavement widening at 77 the exit from or entrance to the main travel way). On all other 78 streets no billboard shall be located within two hundred (200) 79 feet of any right-of-way of any underpass, overpass, bridge or 80 tunnel or a plaza serving such facility. 81 (c) No billboard shall be closer than fifty (50) feet 82 to any property line nor located closer than six hundred sixty 83 (660) feet to the right-of-way line of any interstate or 84 expressway designated by city council, nor closer than twenty- 85 five (25) feet of the right-of-way of any other street. However, 86 no billboard shall be located within two hundred (200) feet of 87 any established residential or apartment zoning district. No 88 billboard shall be located upon any lot having a frontage of less 89 than two hundred (200) feet and an area of less than ten thousand 90 (10,000) square feet. 91 92 Adopted by the Council of the City of Virginia Beach, 93 Virginia, on the _ day of 1988. 94 95 WMM/epm 96 02/12/88 97 CA-88-2584 98 215ETCZO.PRO 99 3 - 35 - Iteir, IV-H-3- RESOLUTIONS/ORDINANCES ITEM l@ 28875 Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Coucnil ADOPTED: Ordinance to REPEAL Chapter 20 (Sections 20-1, 20- 2, 20-3 and 20-4) of the Code o@- the City of Virginia Beach, Virginia, pertaining to Mosquito Control Districts. Councilman Heischober and Councilwoman Henley advised there will be no loss of einployee jobs as well as no degredation in service. Voting: 10-1 Council 14eribers Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, !4ayor Robert G. Jo,ies, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry louncil Meribers Voting Nay: Reba S. @icclanan Council Members Absent: None 1 AN ORDINANCE TO REPEAL CHAPTER 20 2 (SECTIONS 20-1, 20-2, 20-3 AND 20- 3 4) OF THE CODE OF THE CITY OF 4 VIRGINIA BEACH, VIRGINIA, 5 PERTAINING TO MOSQUITO CONTROL 6 DISTRICTS 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Chapter 20 (Sections 20-1, 20-2, 20-3 and 20-4) of 11 the Code of the City of Virginia Beach is hereby repealed. 12 13 14 Section-26-17--eontrel-distr+ets --- Hempsville --- Bayside7 15 16 The--K 17 @-and 18 KempavilleT 19 20 Seetion-28-27--same --- Virginia-Beaeh-hynnhavenT- 21 22 23 Beach-and-bynnhavenT 24 25 Section-20-37--Same --- Pr4:neess-Anne-Punge-Blackwater7 26 27 Di:stri:ct- -cf- 28 PrineesS-Anne7-PdngO-and-BlackwaterT 29 30 Section-20-47--eentrol-commissionsT 31 Bach- 32 chapter- 1--CCrftmi:ssion 33 consisting-@- 34 health-cefftmistioner-@-*i@ 35 36 other-+.h.&.n- desi-S@r-shall 37 -members- -1- -to 38 39 have- -1--be 40 filled-by-the-city-cotneilT 41 This ordinance shall become effective July 1, 1988. 42 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia, on the 22nd day of FebruarV 1988. 45 46 JDB/epm 47 01/28/88 48 02/09/88 49 CA-02566 50 \ordin\proposed\20-00letc.alt 51 52 2 A RESOLUTION TO ADOPT TIIE EVALUATION OF THE MOSQUITO CONTROL PROGRAM AND TO ESTABLISH MOSQUITO CONTROL IN THE DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Virginia Beach wishes to provide for its citizens and visitors a comfortable environment in which to reside and enjoy the natural resources by controlling the mosquito population, and WHEREAS, the City has established three separate Mosquito Control Districts, and has, by appointment, provided leadership ttirough Mosquito Control Commissioners, and WHEREAS, in a continuing effort to provide mosquito control by the most effective, efficient, and economical means as possible, an evaluation of the current mosquito control program has been performed by the Office of Budget and Evaluation, and presented to City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the Evaluation Report of the City of Virginia Beach Mosquito Control Program, including the procedural and policy recommendations therein, be adopted, and BE IT FURTHER RESOLVED, that the three mosquito control districts be abolished, that the mosquito control program, including all current permanent personnel, be established in the Department of Public Works and direct the City Manager to institute wtiatever administrative controls are deemed necessary to accomplish this action, and BE IT FURTHER RESOLVED, that the City Manager and the City Attorney prepare any and all ordinances to amend and reordain the appropriate sections of the City Code which shall be required to accomplish the above, and BE IT FURTHER RESOLVED, that effective with tlie adoption of this resolution, no vacant positions shall be filled, no promotions or reclassifications shall be implemented, and no additional capital equipment shall be acquired by any of the three Mosquito Control Commissions, unless requested in writing of, and approved in writing from, the City manager. Adopted this 8tti day of February, 1988, by the Council of the City of - 36 - IteT.q VI-I. CONSENT AGENDA ITEI,4 # 28876 Upon motion by Councilman Baum, seconded by Councilyqan Balko, City Council APPROVED in OliE MOTION Ite,,ns 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA. Voting: 11-0 Council I;Iembers Voting Aye: Albert W. Balko, John A. Baum, @aobert E. Fentress, Ilarold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. @4oss, Vice Mayor Meyera E. Oberndorf, Dlancy K. PL'-rker and John L. Perry Council Members Voting Nay: None Council i@ler.-ibers Absent: None Vice Mayor Oberndorf disclosed she belonged to the Virginia Beach @laritime supporters but would still vote. - 37 - Item VI-I.l. CONSENT AGENDA ITEM # 23877 Upon motion by Councilman Baupi, seconded by Councilman Balko, City Council ADOPTED Resolutions of Appreciation: CONSOLIDATIOII STUDY COMMITTEE A. L. Bonney L. Charles Burlage Noland C. Chandler Roger L. Riggs Harry Frazier III EXECUTIVE IAERGER COMMITTEE V. A. Etheridge John V. Fentress Ivan D. Mapp William H. Phillips Grace Swertfeger These Committees served for the Merger of the City January 1, 1963. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum-, Robert E. Fentressp Harold Ileischober, Barbara M. Henley, ilayor Robert G. Jones, Reba S. i4cClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy X. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None RESOLUTION OF APPRECIATION AND COMKKTTDATION to A. L. BONNEY WHEPEAS, The County of Princess Anne and the City of Virginia Beach, Virginia, were merged into the consolidated city of Virginia Beach on January 1, 1963; WBEREAS, This City has been richly blessed and grown to become the largest city in Virginia with an even brighter promise for future generations who will establish homes, industries, businesses, and farms as a result of the quality of life enjoyed; S, The Mayor and Members of the Virginia Beach City Council have declared this to be a time to commemorate the Twenty-Fifth Anniversary of the City of Virginia Beach with gratitude to the civic and governmental leaders who shared a sense of destiny and by their initiative, courage, and conviction formed the City as it presently exists; and WHEREAS, City Council for the city of Virginia Beach, Virginia, does desire to honor and pay tribute to those City founders who served as members of the CONSOLIDATION STUDY COMMISSION. N(YW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the outstanding leadership role of A. L. B 0 N N E Y in the formation and maturation of the City is commended, and by this Resolution, City Council does express its appreciation and gratitude for his dedication, foresight, and commitment exhibited in the formation of the World's Largest Resort City, the City of Virginia Beach, Virginia. Adopted by the Council of the city of Virginia Beach, Virginia, on this Twenty-Second day of February, 1988. Bayside Blackwater Kempsville Lynnhaven Virginia Beach Princess Anne Pungo At Large At Large Mayor Vice Mayor RESOLUTION OF APPRECIATION AND COMMENDATION to L. CHARLES BURLAGE WHEREAS, The County of Princess Anne and the City of Virginia Beach, Virginia, were merged into the consolidated City of Virginia Beach on January 1, 1963; WHEREAS, This City has been richly blessed and grown to become the largest city in Virginia with an even brighter promise for future generations who will establish homes, industries, businesses, and farms as a result of the quality of life enjoyed; WHEREAS, The Mayor and Members of the Virginia Beach City Council have declared this to be a time to commemorate the Twenty-Fifth Anniversary of the City of Virginia Beach with gratitude to the civic and governmental leaders who shared a sense of destiny and by their initiative, courage, and conviction formed the City as it presently exists; and WHEREAS, City Council for the City of Virginia Beach, Virginia, does desire to honor and pay tribute to those City founders who served as members of the CONSOLIDATION STUDY COMMISSION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the outstanding leadership role of L. C H A R L E S B U R L A G E in the formation and maturation of the City is commended, and by this Resolution, City Council does express its appreciation and gratitude for his dedication, foresight, and commitment exhibited in the formation of the World's Largest Resort City, the City of virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on this Twenty-Second day of February, 1988. Bayside Blackwater Kempsville Lynnhaven Virginia ffeac-h Princess Anne Pungo At Large At Large Mayor Vice Mayor RESOLUTION OF APPRECIATION AND COMMENDATION to NOLAND C. CHANDLER WHEREAS, The County of Princess Anne and the City of Virginia Beach, Virginia, were merged into the consolidated City of Virginia Beach on January 1, 1963; WHEREAS, This City has been richly blessed and grown to become the largest city in Virginia with an even brighter promise for future generations who will establish homes, industries, businesses, and farms as a result of the quality of life enjoyed; WHEREAS, The Mayor and Members of the Virginia Beach City Council have declared this to be a time to commemorate the Twenty-Fifth Anniversary of the City of Virginia Beach with gratitude to the civic and governmental leaders who shared a sense of destiny and by their initiative, courage, and conviction formed the City as it presently exists; and WHEREAS, City Council for the City of Virginia Beach, Virginia, does desire to honor and pay tribute to those City founders who served as members of the CONSOLIDATION STUDY COMMISSION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BF.ACH, VIRGINIA: That the outstanding leadership role of N 0 L A N D C. C H A N D L E R in the formation and maturation of the City is commended, and by this Resolution, City Council does express its appreciation and gratitude for his dedication, foresight, and commitment exhibited in the formation of the World's Largest Resort City, the City of virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on this Twenty-Second day of February, 1988. Bayside Blackwater Kempsville Lynnhaven Virginia Beach Princess Anne Pungo At Large At Large Mayor Vice Mayor RESOLUTION OF "PRECIATION AND COM14ENDATION to ROGER L. RIGGS WHEREAS, The County of Princess Anne and the City of Virginia Beach, Virginia, were merged into the consolidated City of Virginia Beach on January 1, 1963; WHERFAS, This City has been richly blessed and grown to become the largest city in Virginia with an even brighter promise for future generations who will establish homes, industries, businesses, and farms as a result of the quality of life enjoyed; WHEREAS, The Mayor and Members of the Virginia Beach City Council have declared this to be a time to commemorate the Twenty-Fifth Anniversary of the City of Virginia Beach with gratitude to the civic and governmental leaders who shared a sense of destiny and by their initiative, courage, and conviction formed the City as it presently exists; and WHEREAS, City Council for the City of Virginia Beach, virginia, does desire to honor and pay tribute to those City founders who served as members of the CONSOLIDATION STUDY COMMISSION. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the outstanding leadership role of R 0 G E R L. R I G G S in the formation and maturation of the City is commended, and by this Resolution, City Council does express its appreciation and gratitude for his dedication, foresight, and commitment exhibited in the formation of the World's Largest Resort City, the City of Virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on this Twenty-Second day of February, 1988. Bayside Blackwater Kempsville Lynnhave-n Virginia Beac Princess Anne Pungo At Large At Large Mayor Vice Mayor RESOLUTION OF APPRECIATION AND COM14ENDATION to Y FRAZIER, III WHEREAS, The County of Princess Anne and the City of Virginia Beach, Virginia, were merged into the consolidated City of Virginia Beach on January 1, 1963; WHEREAS, This City has been richly blessed and grown to become the largest city in Virginia with an even brighter promise for future generations who will establish homes, industries, businesses, and farms as a result of the quality of life enjoyed; WHEREAS, The Mayor and Members of the Virginia Beach City Council have declared this to be a time to commemorate the Twenty-Fifth Anniversary of the City of Virginia Beach with gratitude to the civic and governmental leaders who shared a sense of destiny and by their initiative, courage, and conviction formed the City as it presently exists; and WHEREAS, City Council for the City of Virginia Beach, Virginia, does desire to honor and pay tribute to those City founders who served as members of the CONSOLIDATION STUDY COMMISSION. NOW, TRPRP.FORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BF.ACH, VIRGINIA: That the outstanding leadership role of H A R R Y P R A Z I E R, III in the formation and maturation of the City is commended, and by this Resolution, City Council does express its appreciation and gratitude for his dedication, foresight, and commitment exhibited in the formation of the World's Largest Resort City, the City of Virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on this Twenty-Second day of February, 1988. Bayside Blackwater- Kempsville Lynnhaven Virginia Beach Princess Anne Pungo At Large At Large Mayor Vice Mayor RESOLUTION OF APPRECIATION AND CO@DATION to V. A. ETHERIDGE WHEREAS, The County of Princess Anne and the City of Virginia Beach, Virginia, were merged into the consolidated City of Virginia Beach on January 1, 1963; S, This City has been richly blessed and grown to become the largest city in Virginia with an even bricjhter promise for future generations who will establish homes, industries, businesses, and farms as a result of the quality of life enjoyed; WMEAS, The Mayor and Members of the Virginia Beach City Council have declared this to be a time to commemorate the Twenty-Fifth Anniversary of the City of Virginia Beach with gratitude to the civic and governmental leaders who shared a sense of destiny and by their initiative, courage, and conviction formed the City as it presently exists; and WHEREAS, City Council for the City of Virginia Beach, Virginia, does desire to honor and pay tribute to those City founders who served as members of the EXECUTIVE MERGER COMMITTEE. NOW, TRFRFFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the outstanding leadership role of V. A. E T H E R I D G E in the formation and maturation of the City is commended, and by this Resolution, City Council does express its appreciation and gratitude for his dedication, foresight, and commitment exhibited in the formation of the World's Largest Resort City, the City of Virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on this Twenty-Second day of February, 1988. Bayside Blackwater Kemps ille Lynnhaven Virginia Beach Princess Anne Pungo At Large At Large Mayor Vice Mayor RESOLUTION OF "PRECIATION AND COMMENDATION to JOHN V. FENTRESS WHEREAS, The County of Princess Anne and the City of Virginia Beach, Virginia, were merged into the consolidated City of Virginia Beach on January 1, 1963; WHEREAS, This City has been richly blessed and grown to become the largest city in Virginia with an even brighter promise for future generations who will establish homes, industries, businesses, and farms as a result of the quality of life enjoyed; WHEREAS, The Mayor and Members of the Virginia Beach City Council have declared this to be a time to commemorate the Twenty-Fifth Anniversary of the City of Virginia Beach with gratitude to the civic and governmental leaders who shared a sense of destiny and by their initiative, courage, and conviction formed the City as it presently exists; and WHEREAS, City Council for the City of Virginia Beach, Virginia, does desire to honor and pay tribute to those City founders who served as members of the EXECUTIVE MERGER COMMITTEE. NOW, TRFRPFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the outstanding leadership role of J 0 H N V. F E N T R E S S in the formation and maturation of the City is commended, and by this Resolution, City Council does express its appreciation and gratitude for his dedication, foresight, and commitment exhibited in the formation of the World's Largest Resort City, the City of Virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on this Twenty-Second day of February, 1988. Bayside Blackwater Kempsville Lynnhaven Virginia each Princess Anne Pungo At Large At Large Mayor Vice Mayor RESOLUTION OF APPRECIATION AND CO ATION to Ivan D. Mapp WHEREAS, The County of Princess Anne and the City of Virginia Beach, Virginia, were merged into the consolidated City of Virginia Beach on January 1, 1963; WHEREAS, This City has been richly blessed and grown to become the largest city in Virginia with an even brighter promise for future generations who will establish homes, industries, businesses, and farms as a result of the quality of life enjoyed; WBEREAS, The Mayor and Members of the Virginia Beach City Council have declared this to be a time to commemorate the Twenty-Fifth Anniversary of the City of Virginia Beach with gratitude to the civic and governmental leaders who shared a sense of destiny and by their initiative, courage, and conviction formed the City as it presently exists; and WHEREAS, City Council for the City of Virginia Beach, Virginia, does desire to honor and pay tribute to those City founders who served as members of the EXECUTIVE MF.RGF.R COMKITTEE. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the outstanding leadership role of I V A N D. M A P P in the formation and maturation of the City is cormnended, and by this Resolution, City Council does express its appreciation and gratitude for his dedication, foresight, and commitment exhibited in the formation of the World's Largest Resort City, the City of Virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on this Twenty-Second day of February, 1988. Bayside Blackwater Kempsville Lynnhaven Virginia Beach Princess Anne Pungo At Large At Large Mayor vice mayor RESOLUTION OF APPRECIATION AND COMMENDATION to WILLIAM H. PHILLIPS WHEREAS, The County of Princess Anne and the City of Virginia Beach, Virginia, were merged into the consolidated City of Virginia Beach on January 1, 1963; WHEREAS, This City has been richly blessed and grown to become the largest city in Virginia with an even brighter promise for future generations who will establish homes, industries, businesses, and farms as a result of the quality of life enjoyed; WHEREAS, The Mayor and Members of the Virginia Beach City Council have declared this to be a time to commemorate the Twenty-Fifth Anniversary of the City of Virginia Beach with gratitude to the civic and governmental leaders who shared a sense of destiny and by their initiative, courage, and conviction formed the City as it presently exists; and WHEREAS, City Council for the City of Virginia Beach, Virginia, does desire to honor and pay tribute to those City founders who served as members of the EXECUTIVE MERGER COM14ITTEE. NOW, THVREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the outstanding leadership role of W I L L I A M H. P H I L L I P S in the formation and maturation of the City is commended, and by this Resolution, City Council does express its appreciation and gratitude for his dedication, foresight, and commitment exhibited in the formation of the World's Largest Resort City, the City of Virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach, Virginia, on this Twenty-Second day of February, 1988. Bayside Blackwater Kempsville Lynnhaven Virginia Beach Princess Anne Pungo At Large At Large Mayor vice mayor RESOLUTION OF APPRECIATION AND COMMENDATION to GRACE SWERTFEGER WHEREAS, The County of Princess Anne and the City of Virginia Beach, Virginia, were merged into the consolidated City of Virginia Beach on January 1, 1963; WHEREAS, This City has been richly blessed and grown to become the largest city in Virginia with an even brighter promise for future generations who will establish homes, industries, businesses, and farms as a result of the quality of life enjoyed; WHEREAS, The mayor and Members of the Virginia Beach City Council have declared this to be a time to commemorate the Twenty-Fifth Anniversary of the City of Virginia Beach with gratitude to the civic and governmental leaders who shared a sense of destiny and by their initiative, courage, and conviction formed the City as it presently exists; and WHEREAS, City Council for the City of Virginia Beach, Virginia, does desire to honor and pay tribute to those City founders who served as members of the EXECUTIVE MERGER COMt4ITTEE. NOW, TRFRPFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the outstanding leadership role of G R A C E S W E R T F E G E R in the formation and maturation of the City is commended, and by this Resolution, City Council does express its appreciation and gratitude for his dedication, foresight, and commitment exhibited in the formation of the World's Largest Resort City, the City of Virginia Beach, Virginia. Adopted by the Council of the City of Virginia Beach, virginia, on this Twenty-Second day of February, 1988. Bayside Blackwater Kempsville Lynnhaven Virginia each Princess Anne Pungo At Large At Large Mayor Vice Mayor - 38 - Item VI-I.2. CONSENT AGENDA ITFIvi # 28878 UDon -,iotion by Councilman Baum, seconded by Councilman Balko, City Council A@PROVED: Old Dam Neck/Upton Roads - 51% Neighborhood Sanitary Sewer Project, 1989-1993 Capital Improvement Program. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Iobert E. Fentress, Harold lie'@schober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council llembers Voting Nay: None Council Members Absent: None - 39 - Ttem VT-I-3- CONSENT AGENDA ITEM # 28879 Upon motion by Councilman Baum, seconded by Councilman Balko, City Council APPROVED: LOW BID to Ordway Construction, Inc. in the amount of $25,734-00 for FY 1987/88 - 1991/92 Water Utility Capital Improvement Program for the Indian Lakes area, CIP 5-978. Voting: 11-0 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, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 4.0 - Item VI-I-4- CONSENT AGENDA ITEM # 28880 Upon motion by Councilmq.,n Baum, seconded by Councilman Balko, City Council APPROVED: RAFFLE PERMITS: Temple Emanuel Virginia Beach Maritime Historical Museum Vi-rginia Beach Rotary Club Voti-ng: 11-0 Council i4embers 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, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker ,,nd John L. Perry Council Members Voting Nay: None Council Members Absent: None Vice Mayor Oberndorf disclosed she belonged to the Virginia Beach Maritirie supporters. - 41 - Item VI-1-5. CONSENT AGENDA ITEM # 28881 Upon motion by Councilman Baum, seconded by Councilman Balko, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $3,724.79* upon application of certain persons and upon certifications of the City Treasurer for Payment. *The Refund of Ryan Financial Services in the ainount of $87.70 was removed from this Ordinance requesting refunds; therefore, the balance approved by City Council should be $3,637-09. Voting: 11-0 Council @lembers Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fe@tress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, lqancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 'M NO. C.A. 7 1/6/88 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total Year of Tax Number tion No. Paid Leland P& Mary S Hanson 88 RE(1/2) 44326-0 12/5/87 140.37 Claude H& Beatrice Fentress 88 RE(1/2) 33515-4 12/2/87 204.61 Ison J &Dorothy Rawson 88 RE(1/2) 89470-9 12/3/87 220.52 Robert EStafford 88 RE(2/2) 49705-0 12/4/87 1,315.69 Trimigan E & Lucille Beal 88 RE(1/2) 7006-4 12/21/87 56.20 Benjamin L Rosen 88 RE(1/2) 93128-7 12/21/87 89.75 Agnes D Novak 88 RE(1/2) 80452-0 11/28/87 335.63 Emma E Brown 88 RE(1/2) 13716-3 12/3/87 184.21 Clark & Stant 88 RE(1/2) 26908-3 12/3/87 10.09 Bay Associates 88 RE(1/2) 6647-1 12/4/87 419.46 6.-i Associates 88 RE(1/2) 6649-9 12/4/87 409.43 Helen J Steele 88 RE(]/2) 103476-2 11/13/87 240.13 XE")= )M )W"XMMX-)O I vxw John F. Livsley 82 pp 77218-0 11/19/87 11.00 Total 84194@IN 3,637.09 This ordinance shall be effective from date of adoption. The above abatement(s) totaling Certif! d,as to payment; were approved by th. C..n..l of the City of Yirginia Beach on th@day of John T At@in@son, -T@reas/urer' Approved as to form: City Clerk , -, @ r,, -J/ DaTe B-imson, City Attorney - 42 - Item VI-I.6. CONSENT AGENDA ITFI/I # 28882 Upon motion by Councilman Baum, seconded by Councilman Balko, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $2,307.53 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 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, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council l,lembers Voting Nay: None Council Members Absent: None FOFIM NO. CA 8 REV. 3M AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penafty lnt. Total NAME Year Paid H. D. Mcdougal T/A MM Associates 1537 Stephens Road Virginia Beach, VA 23454 1985-87 Audit 17.40 17.40 Residential Building Systems, Inc. 4165 Virginia Beach Blvd. Virginia Beach, VA 23452 1985-86 Audit 1,179.36 1,179.36 Secure Venture, Inc. 1801 Pleasure House Road Virginia Beach, VA 23455 1986-87 Audit 358.79 358.79 Certified as to Payment: @obert P. Vaughan Commissioner of the Revenue Approved as to form: //,l x @J/D l@Bimson' itity Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,555.55 were approved by the Council of the City of Virginia Beach on the 22 day of February '19 8 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. X86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty lnt. Total NAME Year Paid Norman j. & Pamela H. Smith T/A Home Turf Services 3571 Marvell Road Virginia Beach, VA 23462 1986-87 Audit 24.00 24.00 U. S. Health & Hygiene Service, Inc. 2421 Bowland Parkway, S-103 Virginia Beach, VA 23454 1985-86 Audit 197.80 197.80 Certified as to Payment: I @ert P. Vaughan Commissioner of the Revenue Approve 7- [lk quale Bimson' @lty Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $22 1 8 0 were approved by the Council of the City of Virginia Beach on the 22 February 88 day of 19 - Ruth Hodges Smith City Clerk FOAM NO. C.A@ 8 REV. W86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the foliowing applications for license refunds, ul>on certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Mary L. Freeman T/A shear Joy 1721 Dancers Court Virginia Beach, VA 23464 1985-86 Audit 150.00 150.00 Lady Nautilus Fitness Center V.B. T/A Nautilus Fitness Center 415 N. Military Highway Norfolk, VA 23502 1984-86 Audit 252.16 252.16 Lisa V. Lawson 5932 Jake Sears Circle #103 Virginia Beach, VA 23463 1986-87 Audit 128.02 128.02 Cerlified as to Payment: @o6eri P. Vau6han Commissioner of the @,enue App@oved as t@form: @.[Davte/ Bi'ms'on- I ty Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 5 3 0. 18 were approved by the Council 22 February 88 of the City of Virginia Beach on the- day of '19 - Ruth Hodges Smith City Clerk - 43 - Item VI-K.l. NEW BUSINESS ITEM 11 28883 Councliman Moss advised he requested the City Atorney's office to prepare: Resolution to schedule a PUBLIC HEARING before City Couiicil on the question of the minimi@m lot area to be required for single-family residential properties. Councilman Moss advised he had requested same as he was uncertain City Council would be scheduling PUBLIC HEARINGS in a tir@iely rflanner for the COMPRMIENSIVE ZONING ORDINATICE; however, these HEARINGS have been SCHEDULED; and therefore, no action 4-s necessary on this Resolution. - 44 - Item VI-K.2. NEW BUSINESS ADD-ON ITH7,@4 ?Jr' 28884 Vice lviayor Oberndorf presented a letter to the City Cou,,,acil signifying her intentions to file and be a candidate for the Office of 14ayor of the City of Virginia Beach in the General Election to be held Oii i,la,, 10, 10,88. 1 Vice Mayor Oberndorf submitted her resignation from the City Council to be effective at the completion of her current term on June 30, 1938. (Said letter is hereby made a part of the proceedings and filed with the City Clerk.) MEYERA E. OBERNDORF 5404 CHALLEDON DRIVE VICE-MAYOR VIRGINIA BEACH, VIRGINIA 23462 (804) 427-4581 (804) 464-2622 February 22, 19E38 Virginia Beach City Council Municipal Center Virginia Beach, Va. 23456 Honorable Mayor & Members of Council: It is my intention to file and be a candidate for the office of Mayor of the City of Virginia Beach in the General Election to be held on May 10, 1988. In view of the above and in accordance with the Charter of the City of Virginia Beach as enacted by the General Assembly of Virginia, I hereby submit my resignation from the council to be effective at the completion of my current term an June 30, 19es. Yours truly, Meyera . Obrndorf Vice-Mayor MEYERA E. OBERNOORF 5404 CHALLEDON DRIVE VICE-MAYOR VIRGINIA BEACH, VIRGINIA 23462 (804) 427-4581 (804) 464-2622 February 22, 19BE3 Virginia Beach City Council Municipal Center Virginia Beach, Va. 23456 Honorable Mayor & Members o+ Council: It is my intention to file and be a candidate for the office of Mayor of the City o+ Virginia Beach in the General Election to be held on May 10, 1988. In view of the above and in accordance with the Charter of the City c3f Virginia Beach as enacted by the General A5sembly of Virginia, I hereby submit my resignation -from the council to be effective at the completion of my current term on June 30, 19es. Yours truly, Meyera r Oberndorf Vice-Mayor - 45 - Itera VI-K-3.a. NEW BUSINESS ITFII # 28885 Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council ADOPTED: ,qesolution requesting the Commonwealth of Virginia to provide additional State funding to lessen the drama@@ic impact of inreased State mandates; the redistribution of State funds; and, that t,'Ie new mandates including teacher salaries be delayed, relaxed or phased in. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Bau,,,, ilobert E. Fentress, Harold Heischoberp Barbara M. Henley, Mayor Robert G. Jones, Reba S. @icC]-anan, Johii D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Pe7rry Council iledibers Voting i,!,,,y: None louncil Ilenbers Absent: None I RESOLUTION 2 3 WHEREAS, the City of Virginia Beach strongly supports 4 increased quality education throughout the Commonwealth; and 5 WHEREAS, there is a shared State-local responsibility 6 for the provision and funding of education in the Commonwealth; 7 and 8 WHEREAS, the Governor has proposed a budget which 9 provides increased funding for education, but also includes 10 significant mandates for new and increased services and increased 11 salaries; and 12 WHEREAS, the proposed mandated increase in teachers' 13 salaries alone will cost local governments over $110 million in 14 additional local funding in the next biennium; and 15 WHEREAS, if additional State funds are not 16 appropriated, many local governments and school divisions will 17 have to decrease or eliminate programs, services and personnel; 18 and 19 WHEREAS, local governments are limited in their taxing 20 authority; and 21 WHEREAS, Virginia real estate tax effort is already the 22 second highest of the Southern states; and 23 WHEREAS, the local funding for another teacher salary 24 mandate will require substantial increases statewide in local 25 real estate taxes averaging a nine cent increase in city tax 26 rates and a four cent increase in county tax rates. 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 28 CITY OF VIRGINIA BEACH, VIRGINIA: 29 1. That the Commonwealth of Virginia should provide 30 additional state funding to lessen the dramatic impact of 31 increased State mandates and the redistribution of State funds; 32 and 33 2. That the new mandates including the teacher salary 34 mandate, should be delayed, relaxed, or phased-in unless 35 sufficient funds are provided by the State. 36 BE IT FURTHER RESOLVED THAT no school division should 37 receive lower State funding in FY1988-89 than it received in 38 FY1987-88, nor should any school division receive lower State 39 funding in FY1989-90 than it received in FY1988-89. 40 BE IT FURTHER RESOLVED that the City Clerk is directed 41 to forward a copy of this resolution to the delegation to the 42 General Assembly of Virginia from Virginia Beach, Virginia. 43 Adopted by the Council of the City of Virginia Beach, 44 virginia, on the 22nd day of Februa'EY 1988. 45 46 JDB/lmt 47 2/22/88 48 CA-02592 49 \ordin\noncode\funding.res 2 - 46 - Item VI-K-3.b. NEW BUSINESS ADD-ON ITE-4 A 28886 City Council took NO ACTION regarding: Resolution requsting Virginia Beach Legislators to provide funding for local School Board Developed Program. 47 - Item VI-L. ADJOURNMENT IT@l 28887 Upon MOtion by Councilman Moss and BY ACCLAMATION, City Council ADJOURNED the Meeting at 11:25 P.M. Chief Deputy City Clerk h, CMC ity Clerk City of Virg4 nia Beach Virginia