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HomeMy WebLinkAboutAPRIL 13, 1987 MINUTES "WORLD'S LARGEST RESORT CITY" Ill L.UNCIL -IOR ROBERT G. )Ol@@, v,c@ E, OBE-@-, @0B., 281 CITY HALL BUILDING MUNRCIPAL CENTER VIRGINIA REACH, VIRGINIA 23456-YM [8041427-4303 VIRGINIA BEACH CITY COUNCIL AGENDA APRIL 13, 1987 ITIM I. CCUNCIL SESSICN - Confererice - 12:30 PM A. CITY IL CONCERNS I@ ii. INFO@ SESSICN - Cbnference Rocm - 1:00 PM A. CALL TO ORDER - @yor Robert G. Jones B. INTI- CAM OF CCUNCIL C. CITY 'S BRIEF@ 1. Presentation on AIDS Dr. George Sjolund, Director, PLiblic Health D. MMION TO @ INTO EXEa3TIVE SESSlCt4 ITEt4 III. FO@ SESSICN - @il s - 2:00 PM A. INVOCATICN: Reverend Peter Van Waarde Glad Tidings Ass@ly of God B. CP ALLEGIANCE 'fO THE FIAG CE THE@ UNITED SRATES CF AMERICA C. ELBCNUNIC ROLL CALL OF CITY COMCIL D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA E. 1. INFOR4AL & FOFML SESSIONS - April 6, 1987 F. PLMLIC BEARIM 1. a. Application of Frarik T. Williams for a Cbnditional Use Permit for six (6) single-family @lling units in the AG-1 Agricultural District, 600 feet south of Namey's Creek lbad, 970 feet west of Charity Neck lbad on Lots 15-20, containing 25.75 acres (Pungo Borough). Recomendation: D b. Application of Wareing's Gyrn, Inc. for a Conditional Use Permit for an athletic club in oc)njuriction with retail shops (@etic clothing and s@s) on the south@st corner of 19th Street and Cypress Avenue, at 1807, 1809 and 1811 Cypress Avenue, oc)ntaining 1.1 acres (Virginia Beach Borough). Reccwmendation: APP 2. PLANNIM BY CONSERR a. Application of ille Church of God for a (bnditional Use Pemi-t for a church on the riortheast side of Princess Anne , 1050 feet, more or less, southeast of Providence Road, at 4422 Princess @- Road, oontaining 4.946 acres (KaTsville Borough). Reccmendation: APPROVAL b. Application of New Saint Jcihn A.M.E. Church for a Conditional Use Pernut for a church addition on the southwest corner of Lawrerice ]Drive and Ibck Creek Lane, at 5425 @ck Creek Lane, containing 2.927 acres (Bayside Borough). Recamiendation: APPROVAL c. Application of Armada/Roffler Devel t Co. for a Cbriditional- Use Pemit for a 25-foot radio antema tower on the south side of Greenwich Poad, 570 feet, more or less, @st of Business Park Drive, at 5555 Greenwich Fbad, oontaining 4.167 acres (Bayside Borough). Re ation: APP d. Application of ndence Tire, Inc. for a Cbriditiorial Use Pemit f-or an aut@ile repair (installation @f tires) on the rthwest corner of Sc)uth Plaza Trail and Rosermnt Poad, at 3roOO Sc)uth P-laza Ttail, containing 1.02 acres (Lynnhaven Borough). Reconyneridation: APPROM e. Applications of S.A.S. Associates for Changes of Zoning (Bayside Borough): Frcrn R-8 Residential District to 0-1 Office District on property between Northampton Boulevard and Old Shell Foad beginning at a point 30.87 feet @st of @located She-11 Poad, cont,aining 1.209 acres; AND, Frcm B-2 Ccmunity-Business District to 0-1 Office District at the southeast corner of Diamond Springs P4oad and North@n Bc)ulevard, containing 19,950 square feet. Recomendation: APP G. @ AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City @uncil and will be enacted by one in the form listed. If an item is r@ed frcrn the Cbnsent Agenda, it will be discussed and voted upc)n separately. 1. Resolution directing and authorizing the City Manager to elect to prcuide, through the Virginia SupplEnental Retir@nt System (VSRS), Early Retir@t Benefits for City @cyees. 2. Fesolution authorizing and ering the City Attorney to accept a settlernent fran Aetna Casualty and Surety y in the amunt of $12,000 and to execute on behalf of the City of Virginia Beach a release to Aetna Casualty and Surety Ccmpany frcm any future liability. 3. ordinance to AMEND and ROORDAIN the Code of the City of Virginia Beach, Virginia, by adding thereto a new -@ion 23-50.1 pertaining to the re=Nal of @ I dead or injured trees. 4. Ordinance to AMEND and REORDAIN Sections 12-25 and F-102.3 of the Cc)de of tlie City of Virginia Beach, Virginia, pertaining to Fire Mar@l and Assistant. 5. Ordinance to and REORDAIN Section 33-111.1 of tlie Code of the City of Virginia Beach, Virginia, pertaining to the postixig of signs relating to applications for the vacation of any street or alley. 6. ordinance upon READIM to appropriate $25,000 to the Departmnt of bbntal Health, Mental Petardation and Substance Abuse for Adole@ Abuse Services. 7. ordinance upon FIPSR @IW to accept and appropriate $120,080 frcm the Cmm@alth for Public Assistance and $30,020 frcm the General Fund Peserve for CDntirigencies to the Grants Consolidated F'und for a Spec@ Soc@ Service ation Project Grant. 8. ordinance upon MW READIM to accept arid appropriate a $60, 100 grant frcm the virginia Departmnt of Corrections to suppl@t the V@mua Beach @ty I)Iversion Incerrtive Program Grant tor EY 1986-1987. 9. Ordinance upon FIRSR IMADIM to appropriate $8,000 frcm the General Fund I?eserve for @ntingencies and accept grant funds in the @unt of $40,000 fran the Virginia Gomcil on the Enviro@t to the Grants ODnsolidated Fund for the develofmnt of a shoreline public acoess/beac'h restoraticn plan. 10. Request City Council to permit the City to accept the donation of a Winstead 2 Bay Oonsole @-ran Ram @ter Graphics, Inc., in Virginia Beach, to be used by the Municipal Video Productions Division of the Public Infometion office. 11. BIBM/ PEEWTS: a. P@roke Manor United Church of Christ Bingo b. (3reen am Hcms Assc)ciation Bingo c. Plaza Little League Raffle 12. ordinance authorizing Tax Refunds in the @unt of $57,910.98. H. UNFINISHM BUSIWM I. NUA BUSINESS J. AW BUDGER FWIEW April 14 (buncil Individual Review and Questions April 15 Budget 'Abrkshop - Conference 4:00 - 7:00 PM April 23 Budget 'Abrkshop - Conference R= 4:00 - 7:00 PM April 30 Public Hearing - Pavilion - 7:00 PM MaLy 4 Budget Recoriciliation Workshop - Conference Pom 10:OC) AM - 12 NOON MaLy 11 Regular Session: Public Hearing and FIRSR MMIM o.' Appropriation Ordinance - (buncil Chambers 2:00 PM May 14 Special Session: @IW. of Appropriation Ordinance - Council Chambers - 12 NOON M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia April 13, 1987 The CONFERENCE 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, April 13, 1987 at 12:30 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, Vice Mayor Meyera E. Oberndorf, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: None - 2 - MAT T E R S BY MAYOR ITEM # 27157 Mayor Jones advised of his second visit to the hospital to see Mrs. Cassandra (Go Go) Barnes. "Go Go" is not doing as well as previously reported. Mayor Jones distributed a GET WELL card for all Members of City Council to sign. The hospital has commenced therapy sessions which are very painful to her. Councilman Fentress advised Hector Rivera, Assistant City Manager for Human Services, had conferred with "Go Go's" daughter. As "Go Go" has very brittle bones, arrangements will most probably have to be made for someone to stay with here. ITEM # 27158 The Mayor further referenced a most unusual telephone bill. There was a $9.90 charge for a conversation of approximately 51 minutes duration at 5:45 P.M.on Feburary 5, 1987, to the BEACON from Richmond during a VIRGINIA MUNICIPAL LEAGUE MEETING. The Mayor requested if Council Members are going to utilize the MCI Credit Cards to notify Kay Fudala, his Secretary, to register their individual account numbers. Each Council Member is also suppose to give Kay a HLong Distance Telephone Memo" for each call placed. ITEM # 27159 Mayor Jones referenced a possible modification policy concerning City Council requests. Mayor Jones further referenced the abundance of materials distributed relative the FY 1987-1988 OPEPATING BUDGET with particular emphasis on individual City departments. (Said information is hereby made a part of the record.) The material has become somewhat burdensome to produce by staff. Councilman Moss advised if a Member of City Council has a question concerning the BUDGET, they were entitled to have this information. Councilman Moss said he did not ask for this duplication to all Members of City Council. The Mayor requested qustions by individual Council Members be circulated among all Members and then if other Members of City Council request the answers as well, the City Manager will make these available. Perhaps a Summary answer might be available rather than an abundance of raw data. ITEM # 27160 Mayor Jones further reminded all Members of City Council of the LUNCHEON honoring MISS AMERICA on Friday, April 17, 1987. This will also be an important factor in the Military Liaison program. - 3 - C I T Y C 0 U N C I L C 0 N C E R N S ITF14 # 27161 Councilwoman McClanan referenced schedule of subjects for the YY 1987-1988 OPERATING BUDGET WORKSHOPS. The City Manager advised the Staff will commence on Wednesday, April 15, 1987, with the SCHOOL BUDGET followed by REVENUES and the various CITY DEPARTMENTS. ITEM # 27162 Councilman Balko referenced his attendance at a Civic League Meeting and a citizen's suggestion that City Council take the necessary steps to have a NAVAL SHIP named after Virginia Beach. Councilman Balko has contacted Senator Warner's office to derive the procedure necessary. ITEM # 27163 Councilman Balko further referenced hazardous materials present in everyday Household Use. Councilman Balko contacted Deputy City Manger Aubrey Watts concerning the possibility of a HAZARDOUS WASTE DAY. Aubrey Watts advised SPSA will be having a HAZARDOUS WASTE DAY in the future. Vice Mayor Oberndorf advised SPSA will have a regionwide HAZARDOUS WASTE DAY to be assured there is enough response to continually do same in the future. An educational project for all citizens to view will be small generators of hazardous wastes and the disposal of said material. ITEM # 27164 Councilwoman Henley advised, concerning the elderly population and the indigent elderly, the whole southern part of the City depicted a large concentration. Councilwoman Henley advised of a pilot project with the Health Department to provide aid to dependent living to individuals in this particular area who do not qualify for Medicade. The SKVAMP Van is now available for trips for medical purposes. Councilwoman Henley has endeavored to promote awareness of the handi-ride services from TRT and TRT has made presentations to groups who may be interested in having community-based transportation. Also last week, a meeting was held with representatives from the area's churches. A meals delivery service could possibly be started. Hope Haven has agreed to provide food. A network of volunteers will do the delivery. As the housing needs are not adequately addressed because of the regulations for TARGET NEIGHBORHOODS, RAINBOW HOUSING (a non-profit group) will soon be able to solve some of the concerns in this area. Councilwoman Henley reiterated her appreciation to Hector Rivera and his staff for their endeavors in this behalf. - 4 - C I T Y C 0 U N C I L C 0 N C E R N S (Continued) ITEM # 27165 Vice Mayor Oberndorf advised last week the City Council requested a monthly or bi-monthly report from the TWENTY-FIFTH ANNIVERSARY COMMITTEE and THE CONSTITUTION'S CELEBRATION COMMISSION. Vice Mayor Oberndorf referenced the INTERIM REPORT from Lillian B. Youell, Chairman of the CONSTITUTION'S CELEBRATION COMMISSION, advising the first meeting was held on February 12, 1987, with 19 Commissioners and 10 members of the support group present. The second meeting was held on March 3, 1987 with 15 Commissioners and 14 Members of the support group present. At the City Council Meeting on March 9, 1987, copies of the Constitution were presented to the Members of City Council along with a scroll to be signed. This action officially opened the CELEBRATION. The Third Meeting was held on April 7, 1987. On May 10, 1987, MOTHER's DAY, from 3:00 P.M. to 5:00 P.M. on the lawn of the Francis Land House a free concert will be presented by the VIRGINIA BEACH CHAMBER POPS. If it does rain, same will be SCHEDULED at the DOME. Vice Mayor Oberndorf commended this COMMISSION and its dynamic leader, Lillian Youell. ITEM # 27166 Nancy Creech, Chairman of the TWENTY-FIFTH ANNIVERSARY COMMITTEE, is in China and will be returning to the United States this week. A report on this Committee's activities will then be presented. ITEM # 27167 Councilman Perry distributed an article entitled: "SLUDGE BUSTERS". This article details water purifications in San Diego, California. Waste water flows through long ponds filled with sewerage-hungry water hyacinths. The water emerging at the other end of the pond was sparkling clear and odorless, signaling a potential revolution in sewerage treatment. (Said article is hereby made a part of the record.) ITEM # 27168 Councilwoman Parker referenced the Virginia Beach Garden Club's FLOWER SHOW at the DOME at 10:00 A.M., April 14, 1987. The proceeds will go to the Marine Science Museum and the Art Museum. ITEM # 27169 Councilwoman Parker referenced conversation with Councilwoman McClanan at the Clean Community Commission. Councilwoman McClanan suggested reopening the concept of truck covers. Councilwoman McClanan advised the City Attorney has referenced an Ordinance by the City of Portsmouth concerning same, which might be beneficial to the City of Virginia Beach. ITEM # 27170 The Honorable Ray D. Pethel, Commissioner - Virginia Department of Transportation, advised Vice Mayor Oberndorf that she had misunderstood his comments at the VIRGINIA MUNICIPAL LEAGUE MEETING. Sometime in the future, he would investigate the possibility of having Virginia Beach listed on separate signs. Norfolk is, however, the destination point for the criteria. - 5 - ITEM # 27171 The INFORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, April 13, 1987, at 12:55 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 - 6 - C I T Y M A N A G E R IS C 0 N C E R N S ITEM # 27172 The City Manager inquired whether City Council had any concerns relative the AGENDA. Councilman Baum requested additional discussion concerning the removal of diseased, dead or injured trees. (See Item TII-G-3 of the CONSENT AGENDA). When the new houses and property maintenance code was ADOPTED by City Council last October this section was an omission. Therefore, the Ordinance is simply a rectification. ITEM # 27173 Councilman Fentress referenced a letter to John Baum concerning land below the Green Line. Councilman Fentress inquired as to how many acres should be under cultivation. Councilman Baum advised of the 31 000 acres of cropland south of the Green Line, aproximately 29,000 acres produce grain crops. The land must be under cultivation to receive the benefit of the roll-back tax. ITEM # 27174 Councilwoman McClanan requested an explanation concerning the large amount of tax refunds to one property owner. (See Item III-G.12 of the CONSENT AGENDA). Assistant City Attorney Gary Fentress advised the large tax refund resulted from roll-back taxes. The roll-back taxes were improperly levied. - 7 - C I T Y M A N A G E R 'S B R I E F I N G PRESENTATION ON AIDS ITF14 # 27175 Dr. George Sjolund, Director, - Public Health, in conjunction with Cynthia Burwill, Health Education, presented a brief slide presentation on AIDS (Acquired Immune Deficiency Syndrome). There are approximately 33,000 cases of AIDS in the United States. In 1979, there were ZERO. The projections have shown a rapid rise, essentially a doubling every year. For every case of AIDS, there are approximately 50 or more individuals with the virus in their system. There are presently 369 cases in Virginia, most of which are in Northern Virginia. Northern Virginia - 189 Central Virginia - 74 Eastern Virginia - 57 Virginia Beach - 10 Norfol-k - 24 At first, AIDS was thought primarily a homosexual problem. At this point in time, however, there are two to three percent of the cases caused by hetrosexual transmission. Many of the cases are caused by drug use resulting from sharing of needles. An animated SLIDE PROGRAM narrrated by Dr. Richard P. Keeling of the University of Virginia Medical School, was shown to City Council. Acquired - not genetically inherited Immune - Virus attacks and destroys the immune system Deficiency - person is more susceptible to numerous, severe and sometimes fatal infections Syndrome - The AIDS virus can trigger many different diseases There is a blood stream test to determine if an individual has been exposed to the AIDS Virus. The disease is believed to have existed in African monkeys for many years. The virus was only identified in humans in 1981. In the United States, the first cases were found in New York. The first AIDS victims were mainly homosexual men, intravenous street drug abusers and bisexual men. AIDS is spreading to the rest of the population and has been diagnosed in women who are prostitutes, drug abusers and the sex partners of bisexual men. AIDS is not spread by casual contact. Any instruments, toothbrushes, razors, dental floss; et cetera, that could become contaminated with blood are not safe and should not be shared. - 8 - C I T Y M A N A G E R 'S B R I E F I N G PRFSENTATION ON AIDS ITEM # 27175 (Continued) Less than 10% of the individuals who have tested positive to the virus have developed AIDS. Another 15% have developed a lesser form of AIDS known as ARC (AIDS RELATED COMPLEX). Individuals with ARC should restrain from intimate sexual contact. Symptoms can take from 6 months to 6 years to be noticeable. Symptoms are at first similar to those of a cold or flu; however, they are more intense. The patient loses more stength, develops swollen lymph nodes, sore throat, dry cough and recurring diarrhea, body lumps, frequent night sweats, a thick whiteish coating inside the mouth, unexplained loss of weight and numerous herpes sores. The death rate is extemely high. The School Instruction Department is preparing presentations for secondary schools. Cynthia Burwill, Health Educator, is working with the schools and the Office of Public Information. - 9 - ITEM # 27176 Mayor 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, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Moss, seconded by Councilwoman Henley, City Council voted to proceed into MCUTIVE SESSION. 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 - 10 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL April 13, 1987 2:07 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, April 13, at 2:07 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: Reverend Peter Van Waarde Glad Tidings Assembly of God PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 11 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item III-D.1 ITEM # 27177 Councilwoman McClanan referenced the application of Independence Tire, Inc. for a Conditional Use Permit for an automobile repair (installation of tires) on the northwest corner of South Plaza Trail and Rosemont Road, at 3600 South Plaza Trail, containing 1.02 acres (Lynnhaven Borough). (See Item III-F.2.d. of the PLANNING BY CONSENT AGENDA). Councilwoman McClanan requested this item be pulled for a a separate vote as she wished to add conditions to this Conditional Use Permit. Item III-D.2 ITEM # 27178 Councilwoman Parker referenced the application of Kempsville Church of God for a Conditional Use Permit for a church on the northeast side of Princess Anne Road, 1050 feet, more or less, southeast of Providence Road, at 4422 Princess Anne Road, containing 4.946 acres (Kempsville Borough). (See Item III-F.2.a of the PLANNING BY CONSENT AGENDA). Councilwoman Parker wished to know the width of the aforementioned property. Item III-D-3- ITEM # 27179 Councilwoman McClanan referenced an Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by adding thereto a new Section 23-50.1 pertaining to the removal of diseased, dead or injured trees and an Ordinance to AMEND and REORDAIN Sections 12-25 and F-102.3 of the Code of the City of Virginia Beach, Virginia, pertaining to Fire Marshall and Assistant. (See Item III-G-3 and III-G-4 of the CONSENT AGENDA.) These items will be pulled for a separate vote. BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. - 12 - Item III-E.l. MINUTF,S ITEM # 27180 Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of April 6, 1987. 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 - 13 - Item III-F.l.a-e PUBLIC HEARING PLANNING ITEM # 27181 Mayor Jones DECLARED a PUBLIC HFARING on: PLANNING ITEMS a. FRANK T. WILLIAMS CONDITIONAL USE PERMIT b. WAREINGIS GYM, INC. CONDITIONAL USE PERMIT PLANNING BY CONSENT a. KEMPSVILLE CHURCH OF GOD CONDITIONAL USE PERMIT b. NEW SAINT JOHN A.M.E. CHURCH CONDITIONAL USE PERMIT c. ARMADA/HOFFLER DEVELOPMENT COMPANY CONDITIONAL USE PERMIT d. INDEPENDENCE TIRE, INC. CONDITIONAL USE PERMIT e. S.A.S. ASSOCIATES CHANGES OF ZONING - 14 - Item III-F.l.a. PUBLIC HEARING PLANNING ITEM # 27182 Attorney Robert Cromwell, (Pembroke One Phone: 499-8971), represented the applicant and requested WITHDRAWAL until Final Approval of the BACK BAY STUDY. OPPOSITION: James D. Clark (1624 Mill Landing Road Phone: 426-5393), was in OPPOSITION to the application but not the WITHDRAWAL. Walter Vargo, (2409 Sadler Court), represented the Citizens Action Coalition Rae H. LeSesne, (5325 Thornburg Lane Phone: 497-8008), represented the Council of Civic Organizations Helen W. Love, (1875 Pleasant Ridge Road Phone: 426-7236), requested all members in the audience in OPPOSITION to stand. Captain John Lavra, USN Ret. (3812 Dawley Road Phone: 426-2558), was not in OPPOSITION to the WITHDRAWAL and WAIVED his right to speak M. E. Bowerman (3536 Stratford Road Phone; 464-4800), represented the Back Bay Restoration Foundation and advised he was not in OPPOSITION to the WITHDRAWAL of said application. Petitions in OPPOSITION to said application are hereby made a part of the record. Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City Council ALLOWED WITHDPAWAL of the Ordinances upon application of FRANK T. WILLIAMS for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FRANK T. WILLIAMS FOR A CONDITIONAL USE PERMIT FOR SIX-SINGLE FAMILY DWELLING UNITS IN THE AG-1 AGRICULTURAL DISTRICT Ordinance upon application of Frank T. Williams for a Conditional Use Permit for six-single family dwelling units in the AG-1 Agricultural District located 600 feet south of Nanney's Creek Road, 970 feet west of Charity Neck Road on Lots 15-20. Said parcels contain 25.75 acres. Plats with more detailed information are available in the Department of Planning. PUNGO BOROUGH. 5 Item III-F.l.a. PUBLIC HEARING PLANNING ITEM # 27182 (Continued) Voting: 9-0 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, 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 Abstaining: John A. Baum and Barbara M. Henley Council Members Absent: None Councilwoman Henley ABSTAINED, as per the advice of Commonwealth Attorney Sciortino. Both she and her husband have a business and financial involvement with Frank T. Williams. Councilman Baum ABSTAINED as he also has a business and financial involvement with Frank T. Williams. - 16 - Item III-F.l.a. PUBLIC HEARING PLANNING ITEM # 27182 (Continued) ADD-ON Councilman Baum referenced a Meeting at Creeds attended by Councilwomen Henley, Parker, McClanan, Vice Mayor Oberndorf, as well as himself. Comments worthy of consideration were discussed. Councilman Baum advised grain farming is in a quandry. Land rent is being reduced. Councilman Baum reierated his concern for the farmer. Planning should also consider the economics of the individuals owning the land. Councilman Baum distributed an AGRICULTURAL LAND USE SURVEY (SOUTH OF THE GREEN LINE). Said survey is hereby made a part of the record. Councilman Baum further referenced page 5 of said distibution, COMMENTS ON LAND USE SURVEY. Farm people do not want to sell their land; however, an international situation exists at the present time. Economics cannot be ignored. The new residents of said areas should be aware of the conflicts and compromise. Dr. Chandler of V.P.I. will analyze this SURVEY as soon as the landowners have responded. - 17 - Item III-F.l.b PUBLIC HEARING PLANNING ITEM # 27183 Attorney Moody E. Stallings, (1213 Laskin Road), represented the applicant Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of WAREINGIS GYM, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WAREINGIS GYM, INC. FOR A CONDITONAL USE PERMIT FOR AN ATHLETIC CLUB R04871028 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wareing's Gym, Inc. for a Conditional Use Permit for an athletic club in conjunction with retail shops (athletic clothing and shoes) at the southwest corner of 19th street and Cypress Avenue. Said parcels are located at 1807, 1809 and 1811 Cypress Avenue and contain 1.1 acres. Plats with more detailed information are available in the Department of Planning. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. Dedication of right-of-way to match the lgth Street road project is required along Cypress Avenue. 2. Category II screening shall be provided along the western proerty line where it abuts the existing single-family residential lots. 3. The new conditional use permit on this site, if activated, shall supersede the previous use permit for a multi-family dwelling granted on January 12, 1987, thereby making the multi-family dwelling use permit void. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of April, Nineteenth Hundred and Eighty-seven. 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 Item III-F.2.a.b.c.f. PUBLIC HEARING PLANNING BY CONSENT ITEM # 27184 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council APPROVFD in ONE MOTION Items III-F.2.a, III-F.2.b, II-F.2.c and III- F.2.e of the PLANNING BY CONSENT AGENDA. Item III-F. 2.d was voted upon separately. 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 - 19 - Item III-F.2.a. PUBLIC HEARING PLANNING BY CONSENT ITEM # 27185 In response to Councilwoman Parker's inquiries, Robert Scott advised the plat depicts the property as 140 feet in the front and approximatly 160 feet in the rear. Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of KEMPSVIIJE CHURCH OF GOD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF KEMPSVILLE CHURCH OF GOD FOR A CONDITONAL USE PERMIT FOR A CHURCH R04871029 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kempsville Church of God for a Conditional Use Permit for a church on the northeast side of Princess Anne Road, 1050 feet more or less southeast of Providence Road. Said parcel is located at 4422 Princess Anne Road and contains 4.946 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The following condition shall be required: 1. In accordance with the City's Master Street and Highway Plan which calls for an eight 8-lane divided highway with a bikeway for Princess Anne Road, a variable width dedication of right-of-way is required along the frontage of this parcel for an ultimate 137-foot right-of-way. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of April, Nineteenth Hundred and Eighty-seven. - 20 - Item III-F.2.a. PUBLIC HEARING PLANNING ITEM # 27185 (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 Councilman Baum requested that in the future the dimensions on items f thi, nature be addressed. - 20a - OF OONSENT APPLICANT: Kervpsville Church of God APPLICATION: Coriditional Use Permit DEXMPrION: For a Churdi CITY CCUNCIL SESSION: April 13, 1987 THE UNDERSIGNED @ OR LEGAL REPRESUUATIVF, FOR THE @R, (or Agent f-or the @er), HAS PEVI@ THE CCNDITIONS @R APPROVAL (REQUIREMENTS) @@ED By THE VIF6INIA BEACH PIANNING CA"ISSION TO THE VIRGINIA BEACH CITY CAJNCIL FOR AFFIRnkTIVE ACINON ON THIS DATE AS THEY APPLY TO THE REFERE= APPLICATION FOR To THE ZCNING Mp or UE CITY OF VIRGINIA BEA(II, VIRGINIA, AND @Y ACCEPTS AND AGREES TO: 1. In accordance with the City's Mastc-r Street and Highway Plan which calls for an eight (8) lane divided highway with a bikeway for Princess Anne lbad, a variable width dedication of right-of-way is rf-,quired along the frontage of this parcel for an ultimate 137-foot right- of@y. By: Owner/Attorney/A,g-t Date: - 21 - Item III-F.2.b. PUBLIC HEARING PLANNING BY CONSENT ITEM # 27186 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance uon application of NEW SAINT JOHN A.M.E. CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF NEW SAINT JOHN A.M.E. CHRUCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION R04871030 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of New Saint John A.M.E. Church for a Conditional Use Permit for a church addition at the southwest corner of Lawrence Drive and Rock Creek Lane. Said parcel is located at 5425 Rock Creek Lane and contains 2.927 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following condition shall be required; 1. A variable width dedication of right-of-way is required along Lawrence Drive in accordance with Newsome Farms Plans Sheets 4 and 11 on file in the Public Works/Engineering to provide for a standard 50-foot right-of-way. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of April, Nineteenth Hundred and Eighty-seven. 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 - 21a - ST OF OCNSENT APPLICANT: New Saint Jobn A.M. E. APPLICATION: Cc)riditional Use Permit DESCRIPTION: For a Church Addition CITY CCUNCIL SESSION: April 13, 1987 THE UMERSIGNED @ OR @ REPRESUUATIVE FOR THE OMER, (or Agent @-or the Cwner), HAS @h@ THF CCNDITIONS FOR APPROVAL (REQUI@TS) RBC ED 13Y 'llffi VI@INIA @CH P@ING CCMMISSION TID THE VIRGINIA BEACII CITY OC)UNCIL FOR AFFIRM%TIVE ACTION CN THIS DATE AS THEY APPLY TO THE RE@ED APFLICATION FOR '7r To THE ZCNING MP OF @ CITY OF VIRGINIA BEACH, VIRGINIA, AND @Y ACCEPTS AND AGREES TO: 1. A variable width dedication of right-of-way is required along Lawrence Drive in accordance with NewsCM Farms Plans Sheets 4 and 11 on file in Public 'Abrks/Engineering to provide for a standard 50-foot right-of-way. Owner By: Owner/ tt@omey Agent Date: - 22 - Item IIT-F.2.c. PUBLIC HEARING PLANNING BY CONSENT ITEM # 27187 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of ARMADA/HOFLER DEVELOPMENT COMPANY for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ARMADA/HOFFLER DEVELOPMENT COMPANY FOR A CONDITIONAL USE PERMIT FOR A 25-FOOT RADIO ANTENNA TOWER R04871031 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Armada/Hoffler Development Company for a Conditional Use Permit for a 25-foot radio antenna tower on the south side of Greenwich Road, 570 feet more or less west of Busienss Park Drive. Said parcel is located at 5555 Greenwich Road and contains 4.167 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The follwong condition shall be required: 1. Appropriate approval by the FAA. The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of April, Nineteenth Hundred and Eighty-seven. 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 - 22a - CF CCUSENT APPLICANT: a/Hoffler DeveloFmnt Ccripany APPLICATION: Coriditional Use Perrnit DESCRIPrION: 25-Foot Radio Antema Tower CITY CCUNCIL SESSION: April 13, 1987 THE UNDERSIGNED @ OR REPRESENFATIVE FOR THE @R, (or Agent for the Owner), HAS REVI@ = CONDITIONS FOR APPROVAL (REQUI@) RBC@ED 13Y THE VIRGINIA BFACH PLANLTIW CCMMISSION TO = VI@INIA BEPLCH CITY CCUNCIL FOR AFFIPMTIVE ACTION CN THIS DATE AS THEY APPLY TO THE @NCED APPLICATION FOR TO TflE ZCNING MP OF = CITY OF VIRGINIA BEACH, VIRG@, AND HEREBY ACCEPTS AND AGREES TO: 1. Appropriate approval by the FAA. @ a -, 4 Cwner By: @er/Attorney Agent Date: - 23 - Item III-F.2.d. PUBLIC HEARING ITEM # 27188 PLANNING Joe Kuklica, Vice President of Independence Tire Company, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Fentress, City Council DEFERRED two weeks until the City Council Meeting of April 27, 1987, an Ordinance upon application of INDEPENDENCE TIRE, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF INDEPENDENCE TIRE, INC. FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE REPATR (INSTALLATION OF TIRES) Ordinance upon application of Independence Tire, Inc., for a Conditional Use Permit automobile repair (installation of tires) at the northwest corner of South Plaza Trail and Rosemont Road. Said parcel is located at 3600 South Plaza Trail and contains 1.02 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN 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: None This DEFERRAL will enable the applicant to address the outside storage of tires and confer with Councilman Balko and Councilwoman McClanan relative assuring this operation will be more aesthetically pleasing. The tool shed shall be removed. In response to Councilman Baum's inquiries, Chief Diezel advised concerning the storing of tires there are state, local and even, in some cases, federal regulations (relative bulk storage of tires). A tire-fire is extremely difficult to contain. Councilman Heischober advised there is a tire service that will pick up used tires and destroy same. Vice Mayor Oberndorf inquired as to Ordinances governing the sale of used automobiles on empty lots and in shopping malls. Without there being a license, it is a violation of the Division of Motor Vehicle's law for a vehicle to be sold from a public/private lot. - 24 - Item III-F.2.d. PUBLIC HEARING PLANNING ITEM # 27189 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council ADOPTED Ordinances upon application of S.A.S. ASSOCIATES for Changes of Zoning: ORDINANCE UON APPLICATION OF S.A.S. ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO 0-1 Z04871149 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of S.A.S. Associates for a Change of Zoning District Classification from B-2 Community-Business District to 0-1 Office District on certain property lcoated at the southeast corner of Diamond Springs Road and Northampton Bouelvard. Said parcel contains 19,950 square feet. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF S.A.S. ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 to 0-1 Z048?1150 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of S.A.S. Associates for a Change of Zoning District Classification from R-8 Residential District to 0-1 Office District on certain property located between Northampton Boulevard and Old Shell Road beginning at a point 30.87 feet west of Relocated Shell Road. Said parcel contains 1.209 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. The following conditions shall be required: 1. The existing line of trees along the site's eastern boundary shall be preserved. 2. Dedication of right-of-way in accordance with the Master Street and Highway Pian for an ultimate 8- lane controlled access divided arterial with a bikeway, for this portion of Northampton Boulevard. The dedication must be in accordance with the alignment on file in the Public Works Engineering Department. 3. Closure of Shell Road in accordance with conditions imposed upon the street closure application by City Council. - 25 - Item III-F.2.e. PUBLIC HEARING PLANNING BY CONSENT ITEM # 27189 (Continued) The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the conditions for APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is hereby made a part of the proceedings. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth day of April, Nineteenth Hundred and Eighty-seven. 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 - 25a - CF OCNSENT APPLICANT: S.A.S. As@ates APPLICATION: Changes of Zoning DESCRIPTION: @cm B-2 CcnTnunity-]3usiness District to 0-1 Office District and Frcm R@ Residential District to 0-1 Office District CITY CCUNCIL SESSION: April 13, 1987 THE UNDERSIGNED OR LBGAL REPRE@ATIVE FOR (or Agent for the Owner), HAS REVIWM THE CONDITIONS FOR APPROVAL (REQUI@S) REC ED BY THE VIRGJNIA BFACH PIANNING SSION TO THE VIX.INIA BEACH CITY CCUWTT, FOR AFFIRMATIVE ACRION ON THIS DATE AS = APPLY TO THE REFERENCED APPLICATION FOR TO TfE ZONING MAP OF THE CIIY OF VI@INIA BEACH, VIMINIA, AND @.BY AOCEPI'S AND AGREES TO: 1. The c-xisting line of trees along the site's eastern boundary shall be preserved. 2. Dedication of right-of-way in accordance with the Master Street and Highway Plan for an ultixmte 8-lane controlled access divided arterial with a bikevay, for this portion of Northarnpton Boulevard. 'lhe dedication niust be in accordance with the aligment on file in the Public 'Abrks/Engineering Departrwnt. 3. Closure of @ell lbad in accordance with conditions impc)sed upon the street closure application by City Cbuncil. er By: er Att..ey A,3.nt Date: - 26 - Item III-G CONSENT AGENDA ITEM # 27190 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council APPROVED in ONE MOTION Items 1 2, 5, 6, 7, 8, 9, 10, 11 and 12. Items 3 and 4 were pulled for a separate vote. 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 - 27 - Item III-G.1 CONSENT AGENDA ITEM # 27191 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council ADOPTED: Resolution directing and authorizing the City Manager to elect to provide, through the Virginia Supplemental Retirement System (VSRS), Early Retirement Benefits for City Employees. 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 - 27a A RESOLUTION DIRECTING AND AUTHORIZING THE CITY MANAGER TO ELECT TO PROVIDE THROUGH THE VIRGINIA SUPPLEMENTAL RETIREMENT SYSTEM (VSRS) EARLY RETIREMENT BENEFITS FOR CITY EMPLOYEES WHEREAS, the General Assembly has passed legislation, effective March 1, 1987, making State employees and public school teachers eligible for unreduced retirement benefits under VSRS at age 55 with 30 years of service, and WHEREAS, the legislation also gives each political subdivision an option to participate in this early retirement benefit for its employees and VSRS has indicated that this benefit can be provided without an increase in the basic contribution rate to the municipality, and WHEREAS, City Council desires to offer this benefit to full time permanent city employees NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that the City manager is hereby directed and authorized to advise VSRS of the city's desire to provide for full time permanent city employees unreduced retirement benefits at age 55 with 30 years of service. This Resolution shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach on the - 13 day of April 1987. - 28 - Item III-G.2. CONSENT AGENDA ITEM # 27192 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council ADOPTED: Resolution authorizing and empowering the City Attorney to accept a settlement from Aetna Casualty and Surety Company in the amount of $12,000 and to execute on behalf of the City of Virginia Beach a release to Aetna Casualty and Surety Company from any future liability. 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 28a - 1 The regular meeting of the Council of the City of 2 Virginia Beach was held in the Council chambers of the City on 3 the 13 day of April 1987. Vice Mayor 4 On motion by @RH3EK@iq Oberndorf and 5 seconded by Council person Parker the following 6 resolution was adopted. 7 8 9 RESOLUTION 10 WHEREAS, Aetna Casualty and Surety Company's liability 11 insurance policies with the City of Virginia Beach terminated 12 effective March 1, 1979; and 13 WHEREAS, prior to the termination of said insurance 14 policies, a dispute arose between the City and Aetna Casualty and 15 Surety as to the payment of defense costs incurred in connection 16 with the David I. Levine lawsuits; and 17 WHEREAS, the City has paid $16,101.63 in legal defense 18 fees in the Levine matters; and 19 WHEREAS, Aetna Casualty and Surety Company has offered 20 to pay $12,000 as their portion of the defense costs in the 21 Levine matters, for a full release from any future liability in 22 the Levine matters; and 23 WHEREAS, it would be in the best interest of the City 24 to accept Aetnals offer of settlement to avoid costly and lengthy 25 litigation. 26 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA; 28 That the City Attorney is hereby authorized and 29 empowered to accept a settlement from Aetna Casualty and Surety 30 Company in the amount of $12,000 and to execute on behalf of the 31 City of Virginia Beach a release to Aetna Casualty and Surety 32 Company from any future liability. 33 34 Al)prcl@illp, AS TO CO@NTEQT 35 36 37 3 8 JAR/ih 39 03/06/87 40 CA-0387-2184 41 Ord/Aetna.res - 29 - Item III-G-3 CONSENT AGENDA ITEM # 27193 Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City Council ADOPTED, AS AMENDED: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by adding thereto a new Section 23-50.1 pertaining to the removal of diseased, dead or injured trees. The verbage in Line 24 shall be AMENDED from " ... than five (5) days ... " to " ... than seven (7) days ... 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 This item was removed from the Consent Agenda for separate deliberation and action. - 29a - 1 AN ORDINANCE TO AMEND AND REORDAIN 2 THE CODE OF THE CITY OF VIRGINIA 3 BEACH, VIRGINIA, BY ADDING THERETO 4 A NEW SECTION 23-50.1 PERTAINING TO 5 THE REMOVAL OF DISEASED, ETC., 6 TREES. 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 That the Code of the City of Virginia Beach, Virginia, 12 is hereby amended and reordained by adding thereto a new section 13 23-50.1 as follows: 14 Section 23-50.1. Removal of certain trees. 15 (a) Upon determination by the director of permits and 16 inspections or the city arborist, or the officers or employees of 17 their respective departments, that there exists upon any land or 18 premises within the city any tree which, by reason of disease, 19 death, injury, infirmity or other condition, presents a danger to 20 property or to the health and safety of persons or other trees or 21 vegetation, notice shall be served upon the owner of such land or 22 premises or his agent or upon the occupant thereof to cause such 23 tree to be removed within a reasonable period of time, not less 24 than seven (7) days nor more than thirty (30) days, specified in 25 such notice. If the danger presented by such tree may be 26 eliminated by the removal of a portion of such tree, the notice 27 shall specify the portion or portions of the tree to be so 28 removed. For purposes of this section, the term "treell shall be 29 construed to include the plural of the term. 30 (b) Service of the notice provided for herein shall be 31 personal service or by certified or registered mail. In the 32 event the land or premises are vacant and the owner thereof or 33 his agent cannot be found by the exercise of due diligence, such 34 notice shall be given by certified or registered mail to the 35 last-known residence or post office box address of the owner and, 36 in addition thereto, shall be posted in a conspicuous place upon 37 the premises. Service of such notice upon one owner or occupant - 29b - 38 in any manner provided for herein shall be sufficient in the 39 event such land or premises are owned or occupied jointly. 40 (c) Failure to comply with the terms of a notice 41 issued and served as provided in this section within the time 42 prescribed by such notice shall be punishable as a Class 4 43 misdemeanor, and each day thereafter that the violation continues 44 shall constitute a separate offense. In addition to any fine 45 imposed hereunder, the director of permits and inspections may, 46 in the name of the city, institute legal action to enjoin the 47 continuing violation of this section and may remove or contract 48 for the removal of any such tree or portion thereof, in which 49 event the cost of such removal shall be charged to the person or 50 persons named in the notice and collected by action at law or as 51 delinquent real estate taxes are collected, or both. The 52 remedies provided for herein shall be cumulative in nature. 53 Adopted by the Council of the City of Virginia Beach, 54 Virginia, on the 13 day f April 1987. 55 56 WMM/lmt 57 02/04/87 58 04/13/87 59 CA-86-02117 60 (ordin\proposed\23-050-l.pro) 2 - 30 - Item III-G.4 CONSENT AGENDA ITEM # 27194 Assistant City Attorney Bill Bynum advised this Ordinance was not original authoriship but was almost verbatim from the Code of Virginia and the legislature has established this program; however, same can not be implemented locally until the local assembly adopts this Ordinance. The State Fire Marshall already has the authority addressed in said Ordinance. Chief Harry E. Diezel spoke in relation to this Ordinance and advised all activities of the Fire Department must abide by the court appointed guidelines or those established guidelines under the United States Constitution. Chief Diezel advised there was a multi-million dollar loss per year related to arson. Councilwoman McClanan believed the separation between the three branches of government should be maintained. Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 12-25 and F-102.3 of the Code of the City of Virginia Beach, Virginia, pertaining to Fire Marshall and Assistant. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent: Vice Mayor Meyera E. Oberndorf left at 3:30 P.M- for observance of the HOLY DAYS of PASSOVER. This item was removed from the Consent Agenda for separate deliberation and action. 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 12-25 AND F-102.3 OF THE 3 CITY CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO FIRE 5 MARSHAL AND ASSISTANT. 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 That Sections 12-25 and F-102.3 of the Code of the City 11 of Virginia Beach, Virginia, are hereby amended and reordained to 12 read as follows: 13 Section 12-25. Fire inspeetat-and-fire-investigetars marshal, 14 deputies and assistants. 15 16 (a) Within the department of fire protection, there 17 shall be appointed by the fire chief, a fire inspeeter marshal 18 and such f-!ire--i deputies and assistants as may be 19 @f--fire 20 protecti:on necessary. These deputies and assistants shall be 21 designated inspectors or investigators, as may be appropriate, 22 and they shall have the same powers and perform the same duties 23 as, the fire marshal, at his direction or in his absence. The 24 fire inspecter marshal shall be responsible for the enforcement 25 of the fire prevention code adopted by section 12-41 of this 26 code, this chapter, and related laws of the city and statet, and 27 for --i-n the 28 investigation and prosecution of all cases of alleged arson and 29 of, other eases--&f fire related incidents &3:3:eged suspected to 30 involve criminality. 31 (b) In making such investigations, the fire marshal 32 may issue a summons directed to the sheriff of the city 33 commanding him to summon witnesses to attend before the fire 34 marshal, or his authorized designee, at such time and place as he 35 may direct. Any such officer to whom the summons is delivered 36 shall forthwith execute it and make return thereof to the fire 37 marshal at the time and place named therein. Any witnesses on 38 whom such summonses are served may be compelled by the fire 39 marshal to attend and give evidence, and shall be liable in like 40 manner as if the summonses had been issued by a magistrate in a 41 criminal case. They shall be sworn by the fire marshal before 42 giving evidence and their evidence shall be reduced to writing by 43 him or under his direction and subscribed by them, respectively. 44 (c) The fire marshal, deputies and assistants, before 45 entering upon their duties, shall respectively take an oath 46 before any officer authorized to administer oaths, faithfully to 47 discharge the duties of such office. A certificate of the oath 48 shall be returned to and preserved by the clerk of circuit court. 49 (d) The fire marshal, his deputies and assistants 50 shall have the authority to issue summonses in the manner 51 prescribed by law, for violations of chapter 12 of the city code 52 and fire safety and related ordinances of this code. The 53 authority granted in this section shall not be exercised until 54 such person has satisfactorily completed a training course for 55 fire inspectors, which course shall be approved by the Virginia 56 Fire Commission. 57 (e) The fire marshal and his investigators shall have 58 the same powers as a police officer in the investigations of all 59 alleged offenses pursuant to Section F-102.3 of the Fire 60 Prevention Code, as amended. The police powers granted in this 61 section shall not be exercised by the fire marshal or any 62 investigator until such person has satisfactorily completed a 63 course designed for fire investigators with police powers, and 64 approved by the Virginia Fire Commission. In addition, such 65 person with police powers shall continue to exercise those police 66 powers only upon participation in, and satisfactory completion 67 of, in-service and advanced courses as shall be required and 68 approved by the Virginia Fire Commission. 69 70 Section F-102.3 is hereby amended to read as follows; 71 P-102.3 Investigation of fires and explosions: 72 1. The fire official marshal shall investigate, or cause to be 73 investigated, every any reported fire or explosion ceeurr!ing 74 @@-rrart-d@-or,-whieh-invei:ves 75 the causing a loss of life or serious severe injury, or cattses 2 76 significant destruction or damage to property, and all offenses 77 involving fires, fire bombings, bombings, attempts or threats to 78 commit such offenses, false alarms relating to such incidents and 79 possession and/or manufacture of explosive devises or substances 80 and fire bombs occurring with the jurisdiction. Any such 81 investigation shall be initiated--immediste-ly- 82 -sucit -an 83 oe suspi7c-i@- r- pursued until its 84 conclusion. 85 2. The fire of-fi:ei:a3: marshal or any designated investigator 86 shall immediately take charge i:mmed!iate3:y of the any physical 87 evidence, 1--@ r 88 relating to the cause or origin of such fire or explosion, take 89 the-@im-- @r--persons 90 t 0 - -Sd@ @@@-has 91 been- - precesised-. - - - @ -f-i-r-e - -the 92 -@--i+-@-eene-lds-im and preserve such physical 93 evidence until it has been properly processed. 94 95 Adopted by the Council of the City of Virginia Beach, 96 Virginia on 13 day of April 1987. 97 98 WEB/lmt/epm 99 02/13/87 100 04/10/87 101 CA-002163 102 \ordin\proposed\12-025.pro 3 - 31 - Item III-G-5- CONSENT AGENDA ITEM # 27195 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 33-111.1 of the Code of the City of Virginia Beach, Virginia, pertaining to the posting of signs relating to applications for the vacation of any street or alley. 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 31a - 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 33-111.1 OF THE CITY CODE 3 OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, PERTAINING TO THE POSTING 5 OF SIGNS RELATING TO APPLICATIONS 6 FOR THE VACATION OF ANY STREET OR 7 ALLEY. 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That Section 33-111.1 of the Code of the City of 13 Virginia Beach, Virginia, is hereby amended and reordained to 14 read as follows: 15 Section 33-111.1. Posting of Signs. 16 In addition to the notice of public hearings as 17 required by general law, upon the application of any person to 18 vacate any street or alley, the applicant shall erect, on or 19 immediately adjacent to such property, a suitable sign clearly 20 visible and legible from the public streets. Such sign shall be 21 erected not less than fifteen (15) days before, and give notice 22 of, the public hearing before the planning commission ef-whieh-it 23 gives-metiee7 and shall display information as to the nature of 24 the application and date and time of the scheduled planning 25 commission eity--ceuneil hearing. Signs may be purchased in the 26 planning department office, or must be duplicated in size, 27 format, lettering, coloring, and wording. Such signs may not be 28 removed by the applicant until after the hearing before city 29 council at which tentative approval of the street closure is 30 issued, and shall be removed by the applicant within five (5) 31 days after said city council hearing. Notwithstanding the above, 32 when such signs have been inadequately posted, city council may 33 deny or defer the application. 34 35 Adopted by the Council of the City of Virginia Beach, 36 Virginia on 13th day of APril 1987. 37 38 DSH/lmt 39 04/0 3 /87 40 CA-02218 41 \Ordin\Proposed\33-111-l.pro - 32 - Item III-G.6. CONSENT AGENDA ITEM # 27196 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council ADOPTED upon SECOND READING: Ordinance to appropriate $25,000 to the Department of Mental Health, Mental Retardation and Substance Abuse for Adolescent Substance Abuse Services. 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 32a J)"@ARTtAENT T lit @1,E AN ORDINANCE TO APPROPRIATE $25,000 TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE FOR ADOLESCENT SUBSTANCE ABUSE SERVICES WHEREAS, national aLLention Lo the pervasive substance abuse problem has brought aboul federal action in the form of the Emergency Substance Abuse Treatment and Rehabilitation Block Grant, and WHEREAS, the Virginia Beach Department of Mental Health, Mental Retardation and Substance Abuse, in anlicipation of receipt of a share of these funds, developed a proposal to expand services to meet the pressing needs of adolescent substance abuse in the community, and WHEREAS, the Virginia Department of Mental Health and Mental Retardation, in in response to this proposal, has awarded $25,000 in such block grant funds to the Virginia Beach Department of Mental Health, Mental Retardation and Substance Abuse for growth in direct treatment services for youth substance abuse for FY 1986-87, with continuation funding in the amount of $61,970 for FY 1987-88. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $25,000 be appropriated to the Department of Mental Health, Mental Retardation and Substance Abuse and that anticipated revenue from Lhe CommonwealLh be increased by $25,000. BE IT FURTHER ORDAINED that two full time positions be added to the Department of Mental Health, Mental Retardation and Substance Abuse for Lhe duration of the Emergency Substance Abuse Treatment and Rehabilitation Block Grant. This ordinance shall be effective from Lhe date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on 13 April 1987 the -day of First Reading April 6, 1987 Second Reading Aprii 13, 1987 - 33 - Item III-G.7 CONSENT AGENDA ITEM # 27197 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council APPROVED upon FIRST RFADING: Ordinance to accept and appropriate $120,080 from the Commonwealth for Public Assistance and $30,020 from the General Fund Reserve for Contingencies to the Grants Consolidated Fund for a Special Social Service Demonstration Project Grant. 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 - 33a - AN ORDIMANCE TO APPROPRIATE $150,100 AS A SUPP TO THE DEPARTMENT OF SOCIAL SERVICES FOR A WRIYARE REFORM DEMONSTRATION PROJECT WHEREAS, the Virginia Beach Department of Social Services has been involved in a three year study to expand the scope and effectiveness of welfare client assessment and intervention to better address welfare dependency and, WHERFAS, preliminary findings of this study hold such promise that a project proposal for implementation of study findings received positive support from both the Commissioner of the Virginia State Department of Social Services and the American Public Welfare Association and, WHEREAS, the State Department of Social Services has shown its commitment to this project through State departmental development of an evaluation methodology and agreement to contract for and fund project evaluation and, WHEREAS, the State Department of Social Services has further shown its commitment through allocation of $120,080 to implement a one year model project in Virginia Beach, with potential for extension to a second year, based on evaluation outcome and, WHERF-AS, the City of Virginia Beach has been asked to provide twenty percent of the project cost in tbe amount of $30,020 as a program match. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that supplemental funding in the amount of $150,100 be appropriated to the Grants Consolidated Fund for a Special Social Service Demonstration Project Grant. BE IT FURTHER ORDAINED that this appropriation be supported by an allocation from the General Fund Reserve for Contingencies in the amount of $30,020 and by an increase in anticipated revenue from the Commonwealth for Public Assistance in the amount of $120,080. BE IT FURTHER ORDAINED that the staffing of tbe Department of Social Services be increased by six full time employees for the duration of the Demonstration project. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1987. First Reading Aprill3, 1987 Second Reading - 34 - Item III-G.8 CONSENT AGENDA ITEM # 27198 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council APPROVED upon FIRST READING: Ordinance to accept and appropriate a $60,100 grant from the Virginia Department of Corrections to supplement the Virginia Beach Community Diversion Incentive Program Grant for FY 1986-1987. 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 - 34a - AN ORDINANCE TO APPROPRIATE AND ACCEPT A $60,100 GRANT FROM THE DEPARTMENT OF CORRECTIONS SUPPLEMENTING THE COMMUNITY DIVERSION INCENTIVE PROGRAM GRANT FOR FY 1986-1987 WHERF-AS, the Virginia General Assembly has enacted the Community Diversion Incentive Program which makes funds available to jurisdictions within the Cormnonwealth for the purposes of diverting qualified non-violent offenders from the State penitentiaries for the purpose of rehabilitating these offenders and allowing them the opportunity to make restitution for their crimes, and WHEREAS, the City of Virginia Beach is currently operating such a program, and WHEREAS, the Virginia Department of Corrections has approved supplement to the Virginia Beach Community Diversion Program for additional clients which exceed the original diversion goals, and WHEREAS, the funds received through this grant are anticipated to be used in the following programs: Non-residential $ 5,000 Evaluation Services 7,000 CDI Residential Center 20,000 Contracted Community Residential Services 10,000 CSO Coordinator 18,100 $ 60,100 WHERF,AS, this program is 100% funded by the Department of Corrections and requires no local expenditure of funds. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BFACH, VIRGINIA that the City Manager is hereby authorized to accept a supplement to the Community Diversion Incentive Program Grant, and BE IT FURTHER ORDAINED that the funds are appropriated in the amount of $60,100 for the Conununity Diversion Incentive Program Grant with a corresponding increase in estimated revenue from the Commonwealth. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1987. First Reading: April 13, 1987 Second Reading: - 35 - Item III-G.9 CONSENT AGENDA ITEM # 27199 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council APPROVED upon FIRST READING: Ordinance to appropriate $8,000 from the General Fund Reserve for Contingencies and accept grant funds in the amount of $40,000 from the Virginia Council on the Environment to the Grants Consolidated Fund for the development of a shoreline public access/beach restoration plan. 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 - 35a AN ORDINANCE TO APPROPRIATE $48,000 FOR A COASTAL RESOURCES MANAGEMENT PLAN AND ACCEPT GRANT FUNDS IN THE AMOUNT OF $40,000 FROM THE VIRGINIA COUNCIL ON THE ENVIRONMENT WHERF-AS, the City of Virginia Beach in its interest to preserve and protect the natural resources of the City has expressed a concern to manage the City's beaches, and WHEREAS, the City staff has identified the need to create a comprehensive plan to address the access and utilization of the City's public beaches, and WHERF.AS, funds to develop a shoreline public access/beach restoration plan are available from the Virginia Council on the Environment, and WHEREAS, the Virginia Council on the Environment has awarded a grant of $40,000 to be matched by a supplement of $8,000 from the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that funding in the amount of $48,000 be appropriated to the Grants Consolidated Fund for the development of a shoreline public access/beach restoration plan, and BE IT FURTHER ORDAINED that this appropriation be supported by a allocation from the General Fund Reserve for Contingencies in the amount of $8,000 and an increase in estimated revenue from the Commonwealth in the amount of $40,000, and BE IT FURTHER ORDAINED that the City Manager is authorized to enter into the appropriate contractual arrangements with the Virginia Council on the Environment in support of a shoreline public access/beach restoration plan. This ordinance shall be effective form the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia the day of 1987. FIRST READING: April 13, 1987 SECOND READING: - 36 - Item III-G.10. CONSENT AGENDA ITEM # 27200 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council APPROVED: The acceptance by the City of the donation of a Winstead 2 Bay Console from Ram Computer Graphics, Inc., in Virginia Beach, to be used by the Municipal Video Productions Division of the Public Information Office. 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 - 37 - Item III-G.11 CONSENT AGENDA ITEM # 27201 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council APPOVED: BINGO/RAFFLE PERMITS: Pembroke Manor United Church of Christ Bingo Green Run Homes Association Bingo Plaza Little League Raffle 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 - 38 - Item III-G.12 CONSENT AGENDA ITElq # 27202 Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City Council ADOPTED: Ordinance authorizing Tax Refunds in the amount of $57,910.98 upon application of certain persons and upon certification of the City Treasurer for payment. 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 - 38a - FORM NO. C.A- 7 3/31/87 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- Da!e Penalty lnt. Total Y ear of Tax Number tion No. paid Arthur V Ingle 86 pp 205359-7 51089 12/5/86 307.50 Scott A Nash 86 PP 117838-6 51091 2/2/87 47.70 Jerry D & Peggy A Rose 86 pp 221761-6 51094 1/15/87 85.83 William J Irvine 86 pp 82043-3 50850 6/5/86 130.32 Thomas N Hillard 86 pp 203654-4 50900 12/3/86 79.14 James A Spiller 86 pp 225896-5 1/14/87 26.55 Michael J Weirick 86 pp 171434-1 50750 5/15/86 23.40 Michael D Nussbaum 86 pp 216310-2 50852 12/5/86 43.50 Robert Weigle 84 pp 161758-2 50773 6/5/84 531.24 Robert Weigle 85 pp 167964-8 50774 5/15/85 536.10 Victor L Haggerty 85 pp 66299-8 50705 5/15/85 22.50 William & Juanita Page 85 pp 120430-3 50707 5/15/85 22.50 Andrew S Lang 85 pp 201133-0 50712 12/5/85 80.00 S Joseph & Claudia Cosimano 86 pp 191606-0 50798 11/15/86 117.78 Potomac Leasing Co 86 pp 219142-0 50692 2/9/87 256.55 William & Juanita Page 86 pp 123571-5 50708 5/15/86 50.22 Richard Stanley 86 pp 153821-0 50686 1/20/87 41.16 H Kim & E Youg 86 pp 180622-4 50755 6/5/86 281.58 Victor L Haggerty 86 pp 68381-2 50703 5/15/86 50.40 Teddy N Collier 86 pp 31974-3 50701 6/5/86 238.50 Janis M Dibbs 86 pp 42682-3 50700 5/14/86 23.28 James E Currin 86 pp 37551-1 50678 5/5/86 66.18 Kelly R Bazemore 86 pp 10839-2 50677 6/5/86 100.68 Jerry A Simmons 86 pp 224404-3 50702 12/12/86 292.80 Robert Weigle 86 pp 171311-9 50775 5/29/87 464.58 Shirley A Barham 82 pp 6988-0 2/13/87 35.52 Ethel E Foreman 83 pp 169069-9 2/13/87 20.15 William Jones 87 Dog V13232 3/16/87 5.00 Inez McEvoy 87 Dog V10601 2/23/87 2.00 Margaret T Guilbault N/A Pkng 127179 3/11/87 10.00 Total 3,992.66 This ordinance shall be effective from date of adoption. The bo@Ige ab ement(s) totaling ?3, 2. e@ were approved by the Council of tpp City of Virgi ' Beach on the-'-' day of Ap..@,a 1987 asurer p form: Ruth Hodges Smith City Clerk l@7 ORM NO. C.A. 7 - 38b - 3/24/87 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Total Year of Tax Number tion No. Paid Cynthia L IIhite 87 RE(1/2) 116327-6 12/29/86 116.11 Cynthia L I-Ihite 87 RE(1/2) 116328-5 12/29/86 33.96 Cynthia L White 87 RE(2/2) 116326-7 12/29/86 348.78 Cynthia L White 87 RE(2/2) 116327-6 12/29/86 93.33 Cynthia L White 87 RE(2/2) 116328-5 12/29/86 13.42 Weaver Brothers Inc 87 RE(1/2) 103698-5 12/5/86 8.00 Esther Goldman 87 RE(1/2) 38862-3 2/9/87 41.04 Life Savings Bank 87 RE(2/2) 5932-8 12/5/86 260.78 Peter Little 87 RE(1/2) 61030-2 2/20/87 44.06 R G Moore Bldg Corp 87 RE(1/2) 820023-0 12/5/86 7,n,64.48 R G Moore Bldg Corp 87 RE(1/2) 830022-0 12/5/86 8,OF4.10 R G Moore Bldg Corp 87 RE(1/2) 840022-9 12/5/86 10,847.62 R G Moore Bldg Corp 87 RE(1/2) 850019-3 12/5/86 10,844.74 R G Moore Bldg Corp 87 RE(1/2) 860017-4 12/5/86 15,435.22 Nelson P Brock 87 RE(1/2) 12326-8 12/4/86 5.92 Virginia Federal S& L 87 RE(1/2) 99015-1 12/5/86 28.00 J W Murphy 87 RE(1/2) 74996-7 11/21/86 25.20 Mormost Associates 87 RE(1/2) 73802-3 11/10/86 23.81 Atlantic Perinanent Fed S & L 87 RE(1/2) 111852-0 12/5/86 24.00 Atlantic PerTnanent Fed S & L 86 RE(1/2) 105354-6 12/5/85 20.00 Atlantic Perinanent Fed S & L 86 RE(2/2) 105354-6 6/5/86 20.00 Atlantic PerTnanent Fed S & L 85 RE(1/2) 98032-4 12/5/84 12.00 Atlantic Permanent Fed S & L 85 RE(2/2) 98032-4 6/5/85 12.00 Atlantic Pernanent Fed S & L 84 RE(1/2) 92377-1 12/5/83 12.00 Atlantic Permanent Fed S & L 84 RE(2/2) 92377-1 6/5/84 12.00 Carlton Bennett, Attorney 87 RE(1/2) 37068-7 10/31/86 28.00 Williams,Worrell, Kelly etal 87 RE(1/2) 23955-3 11/4/86 40.00 Atlantic Permanent Fed S & L 87 RE(1/2) 105298-4 12/5/86 14.83 John Smith 83 RE(1/2) 75774-6 11/17/82 13.78 John Smith 83 RE(2/2) 75774-6 5/5/83 13.78 John Smith 84 RE(1/2) 80371-2 12/1/83 13.77 John Smith 84 RE(2/2) 80371-2 5/30/84 13.77 John Smith 85 RE(1/2) 84787-1 11/15/84 13.77 John Smith 85 RE(2/2) 84787-1 5/13/85 13.77 Jade Street Associates 87 RE(1/2) 50727-3 12/5/86 142.28 Total 53,918.32 This ordinance shall be effective from date of adoption. The aboe abatement(s) totaling d as to p $5@ '918 .32 were approved by the Council of the City of Beach on the 13 @pilrilpial 987 day of hn T. Atkinsc(n, Vi6asurer Approved as to fora: Ruth Hodges Smith City Clerk @,/f7 l@e-B-im;@n@ C7ity Attorney - 39 - Item III-J.1 ADJOURNMh-NT ITEM # 27203 Upon motion by Councilwoman Parker, and BY ACCLAMATION, City Council ADJOURNED the Formal Session at 3:37 P.M. B.,,erly 0. H.. Chief Deputy City Clerk /Ruth Hodge@ Smith, CMC City Clerk City of Virginia Beach Virginia