Loading...
HomeMy WebLinkAboutFEBRUARY 23, 1987 MINUTES "WORLD'S LARGEST RESORT CITY" Cl@ WUNCIL M@YOR ROM@ G. JONES, Al VICE WYOR M@EM E. OMMWU, @RT W @0, L@h.- @h JOHN @. MUM, @@ @,@ WM@ E. F@RM Vili.k &- B-@ @OW HEXHOBEP, . @@, @ . H@.Y. N- -.,@ @ @. M@M. N- A.. -.h JOHN D- @, @ @h NMCY X PARKEK . @W jow L PEMY, @@@ B-@ 281 CITYHALL BUILDING IHOMM H. U@UNBECK, Ci,, M- MUNICIPAL CENTEI? 1. D@ I.WN, @il, Al.- VIRCRNIA BEACH, VIRGINIA 23456-9002 @@H HO@@ WMH, @@. C,,, C- [8041427-4jO3 VIRGINIA BEACH CITY COUNCIL AGENDA j: MMAFff 23, 1987 ITEM I. S IVE SESSION - Oonference 3:00 PM A. READING OF MAYOR'S CALL TO ORDER B. ROLL CALL C. MOTICN IfO INM EXE=IVE SESSION ITEM II. COUNCIL coNFEREt4CE SEssION - Oonferer)ce 5:30 PM A. CITY OOUNCIL CONCEPNS ITEM III. @RM SESSICN - @erence Roan - 6:00 PM A. CALL TO ORD.ER - Mayor Robert G. Jc)nes B. ROLL CALL OF CCUNCTT. C. CITY MANAGER'S BRUTINGS 1. Princess Anne/@sville Poads Intersection Interchange ITEM IV. PRESENRATIONS - Oc)unci.1 s 6:45 PM A. - MAYOR'S WMTTEE ON MMICAPPED 1. Julia Drish 2. Cultural Experiences Unlimited B. MALW RIGANTO STUDENT AM= AMM 1. Yvonrie Anita Nbrkel frcm Arrowhead Recreation Area 2. Darian "Keith" SimTK)ris fran @sville Recreation Area C. GOVEMR'S OF CE 1. Clean Ccmunity Ccmission of Virrjinia Beach D. IONS OF APPRECIATION 1. J. Douglas Blarikenship 2. William A. Cox, iii 3. Robert E. Gregory 4. Williarn M. Gunter 5. Frank W. McGraw, Jr. 6. Ada Salsbury 7. William A. Schlinigen 8. C. V. West 9. Fdward M. Williams E. TROPHY - NORFOLK ASSOCIATION ITEM V. FO@ SESSION - Council s 7:00 PM A. INVOCATICN: Father J&nes R. Guttendorf St. Matthews Catholic Church B. P OF AUMIANCE TO UM FLAG OF THE LJNITED STATES OF AMERICA C. ELWRRONIC ROLL CAT.L OF CITY IL D. ADOPTICN OF ITEM FOR THE FO@ AGENDA E. 1. INFORMAL & FORMAL SESSICNS - February 9, 1987 F. PUBLIC 1. Needs Asses@t for the 13th Program Year G. PUBLIC BEARIM 1. a. Ordinance for the discontinuance, closure and abandoriment of a portion of Street in the petition of George Lol7-ul Ar)dreas loizou and Efthymios Ioizou (Bayside Borough). DEFERRED for 180 days May 19, 1986 DEFERRED for 60 days Lbvember 17, 1986 DEFERRED January 20, 1987 ation: D F'OR NCLQ CE b. Ordinance f-or the discontinuance, closure and abandoruent of a .@rtion of Old Norfolk/Virginia Beach Poad in the petition of Maureen Mottolese (Lymhaven Borough) DEFERRED April 28, 1986 GRANTED EXTENSICNS of June 16, and October 20, 1986 DEFERRED january 20, and 26, 1987 D for Cmpliance of Cbriditions @ruary 2, 1987 ndation: DEFER IMEFINITELY c. IDERATICN of the Application of The Breeden s for Changes of on certain proper-ties located on the west side o:t South Military Highway, 1100 feet north of Indian River Poad (Kempsville Borough): Frcm B-1 Business-Residential District to A-2 t District cc>ntaining 12.%3 acres; AND, Fran B-2 Cm=it@Business District to A-2 Apartment District containing 5 acres. REFERRED BACK to PLANNIM @SSION Nov 24, 1986 DENIED Dec@er 22, 1986 S FOR RECONSIDERATION January 12, 1987 d. Application of Ebpe House Pbundation for a Conditional Use Permit for a riding academy (therapeutic horseback ri@ r rMl, on the northeast side of Iridian River Road at 3 i. River Road, containing 27.3 acres (@ville Borough). Re ation: APP e. Application of Victoria L., Esther B. and Wil-li&n R. Ward for a Change of frm R-8 Residential District to B-2 @unity-Business District; AND, Application of T@ Manag@ y of Virginia, rated ' for a Cbnditional Use Pennit for an autcmobale service @ repair center on the west side of Centerville Turnpike, at 2013 Centerville Turnpike, containing 4.43 acres (@sville Borough). ation: W= f. Application of Grady A. and Sandra G. Wilsm for a variance to Section 4.4(b) of the Subdivision Ordinance, which requires lot d@s3-ons omform to the @rehensive 7,on@ Ord@e on property located on the east side of Woodstock Road, 570 feet, more or less, south of Oak Terrace Drive (@ville Bomugh). DEFERRED January 20, 1987 Reccnmr)dation: D g. Application of James H. and Roseniarie Sherrod for a variarice to Section 4.4(b) of the Subdivision Ordinance whidi requires that lot dimensions oonfom to the Ccrnprehensive Zon@ Ordina@e on property at 4708 Hollis Road (Bayside Borough) ridation: DENIAL h. Application of d A. and Florence Delong for a Charige of Zoning frcm R-5 Residential District to 0-1 Office District on the east side of Parli@nt Drive, at 328 Parli@t Drive, containing 10,454.4 square feet (@sville Borough). ation: DENIAL i. Application of M. Stanton for a Cbnditional Use Permit for a borrow pit on the North side of Indian River @, 2700 feet, more or less, east of Elbcyw lbad, containing 69 acres (@sville Borough). ReccnTnendation: DENIAL j. Applications of Terry-Peterson Devel Corporation for Chang of ZoniF on the south side of Shore Drive, east of @ost @ 13 Jack Road (Bayside Borough): Fran R-3 Residential District to A-2 Apartment District containing 9.223 acres; AND, Fran B-2 Comun siness District to A-2 Apartnent District contai.ning 2-1,225 square feet. ndation: DENIAL H. ORDINANCE:S 1. Ordinance to transfer $135,000 frcra OcnmLmity Develo@t Block Grant Cbnt@encies to fund a contract with and authorize the City MaLnager to execute an agr@t with the Virginia Beach ty Developmnt Oc)rporat3-on for a Low and Moderate Inoome Ownership Progra[EL. 2. Ordinance to transfer appropriations in the amount of $120,500 within the Dep@t of Parks and Recreation's 1987 @ating Budget for Engineering Designs @ Pe@ts and for Partial SettlEnent with @ncessionaire regarding repalirs to L@ven ipal marina. All matters listed under the Cbnsent Agenda are considered in the ordinary oourse of business by City Cbuncil and will be enacted by one motion in the form listed. If an itern is r@ed frcm the CorLsent Agenda, it will be discussed and voted upon separately. 1. RESOUNIONS IN TICN a. Jul-ia Drish b. Wltural @iences Unlindted 2. IONS OF APPRECIATION a. T. Dz>uglas Blankenship b. Willian A. Cox, iii c. Robert E. Gregory d. Williarn M. Gunter e. Frank W. @Graw, Jr. f. Ada Salsbury g. Williarn A. Schlimgen h. C. V. West i. Edward M. Willia= 3. Ordinance to authorize St. Lqicholas Greek Orthodox Church to hold 9.296 acres of l@ in the City of Vi@inia Beach, Virginia. 4. Ordinance to transfer $2,610,000 frm various roadway projects to project #2-988 Traffic Signal to allow acceleration of uork. 5. Appointment of Leslie L. Liiley as Assistant City Attorney, as of February 16, 1987, be confintied by City Council pursuant to Section 2-166 of the Code of the City of Virginia Beach 6. Ordinance to authorize a @rary encroaclnent into a portion of the right-of-way of Indian River Foad to Sterling W. 'Ihacker and Bomie J. Thacker, their heirs, assigns and successors in title. 7. Ijow Bid to Asphalt Roads and Materials, Cmpany, Incorporated, in the amc)unt of $394,380 for Cleveland Street and Dorset Avenue Inter @ts (CIP 2-963). 8. Liow Bid to W. F. Oliver and Son, Incorporated, in the amount of $560,804 for Grac Area Stxeet ments (CIP 2-946). 9. BMO/ PERMITS: a. Hebrew Acaderny of 'Ad@ter - Bingo b. Sandbridge Fire Brigade - Bingo c. Greater n Roads March of Dimes - Raffle d. Green Run Little @ue - Raffle e. Indian Iakes PTA - Raffle f. Virginia Beach Maritinie Historical MuseLm - Raffle g. John B. Day PTA - Raffle h. Marching Cavaliers Parents Association - Bingo/Raffle 10. ordinance authori@ License Refunds in the amlmt of $15,073.88. J. UNFINI.-M BUSINESS 1. FOR for on-site perimeter curbing and r ixnprov@ts, Mid-Atlantic Marine, on property owned by the ocean Park Voluateer Fi-re and Rescue Unit, Inc., a Virginia No@Profit Corporation. DEFERRED Nov 17, 1986, January 20, and February 21 1987 K. NEW BUS L. AW BMSED CITY CM= SESSICN SCEEDULE MARCH 1987 March 2nd - 2.00 PM Reschedul.ed to March 30, 1987 (National League of Cities) March 9th - 2:00 Pm March 16th - 2:00 PM 23rd - 2:00 Pm 30th - 7:00 Pm - 14 - Item III-E-3.a. MINUTES ITEM # 26946 Upon motion by Councilman Heischober, seconded by Councilman Balko, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of February 23, 1987, AS AMENDED: ITEM # 26898, Page 37 ORDINANCES UPON APPLICATION OF TERRY/PETERSON DEVELOPMENT CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO A-2 AND FROM B-2 TO A-2 The second condition shall be amended to include the word "exterior" after the word "brick" and before the word "construction". 2. Building height shall not exceed two (2) stories of 80% brick exterior construction with vinyl and veneer entrances and window treatment 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 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia February 23, 1987 The SPECIAL MCUTIVE 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 23, 1987, at 3:00 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 - Item I.A. ITEM # 26869 The MAYOR'S LETTER stating the purpose of the SPECIAL SESSION was read by Mayor Robert G. Jones: " In accordance with City Code Section 2-21, and by the authority vested in me, I hereby call a SPECIAL EXECUTIVE SESSION for Legal, Pesonnel, and Publicly Held Property to be held at 3:00 P.M- Monday, February 23, 1987, in the Conference Room, City Hall, Municipal Center, Virginia Beach, Virginia." s/Robert G. Jones Mayor - 2a - Cit@ ROBERTG.JONES MUNICIPAL CENTER MAYOR VIRGINIA BEACH, VIRGINIA 23456-9DO2 (804) 427-4581 February 19, 1987 HONORABLE MEMBERS OF CITY COUNCIL: In accordance with City Code Section 2-21 and by the authority vested in me, I hereby call a SPECIAL EXECUTIVE SESSION for Legal, Personnel, and Publicly Held Property matters to be held at 3:00 PM, Monday, February 23, 1987, in the Conference Room, City Hall, Municipal Center, Virginia Beach, Virginia. Respectfully, @R-be es Mayor RGJ/bc cc: Thomas H. Muehlenbeck, City Manager J. Dale Bimson, City Attorney Ruth Hodges Smith, CMC, City Clerk Pam Lingle, Public Information Coordinator Virginia Beach City Council Received Notice Councilman Albert W. Balko Councilman John A. Baum Councilman Robert E. Fentress Councilman Harold Heischober Councilwoman Barbara M. Henley Councilwoman Reba S. McClanan Councilman John D. Moss Vice Mayor Meyera E. Oberndorf Councilwoman Nancy K. Parker Councilman John L. Perry - 3 - ITEM # 26870 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. PUBLICLY HFLD 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 affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Baum, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE 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 - 4 - ITEM # 26871 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, February 23, 1987, at 6:20 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 - 5 - MAT T E R S BY MAYOR ITF14 # 26872 The Mayor requested a WORKSHOP for City Council Concerns be conducted in the Council Conference Room on March 3, 1987, commencing at 9:00 A.M. and terminating at 3:00 P.M- - 6 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 26873 Vice Mayor Oberndorf advised the James K. Cole Memorial Volley Ball Fund Raiser is SCHEDULED for March 7, 1987, at 5:00 P.M. at Brandon Junior High School. Brandon Junior High has CHALLENGED the City Council to a Volley Ball Game. - 7 - ITEM # 26874 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, February 23, 1987, at 6:25 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 - 8 - C I T Y M A N A G E R' S B R I E F I N G PRINCESS ANNE/KEMPSVILLE ROADS INTERSECTION INTERCHANGE February 23, 1987 ITEM # 26875 The City Manager introduced William Fleming of Wiley & Wilson, who in turn introduced Charles Barnes, Principal Transportation Engineer. Charles Barnes distributed a S Y concerning the alternative methods of upgrading the existing intersection of PRINCESS ANNE ROAD & SOUTH WITHCHDUCK/KEMPSVILLE ROAD. (Said Summary is hereby made a part of the record). Charles Barnes advised approximately 46,000 vehicles proceed through the intersection during a typical weekday 12-hour period from 7:00 A.M. - 7:00 P.M. The total traffic through the intersection during a 24-hour period is estimated to be approximately 60,000 vehicles per day. In the year 2010, it is estimated that the traffic at this intersection will increase from 60,000 vehicles to 76,000 vehicles per day representing a 27 percent increase over the present traffic. The thru traffic on South Witchduck and Kempsville Road presently ranges about 17,000 vehicles per day. In the year 2010, it is estimated that this traffic will decrease to 15,000 vehicles per day, about a 14% reduction. However, the thru traffic on Princess Anne Road, which is presently approximately 23,000 vehicles per day at both approaches, will increase to 29,000. All four approaches reflect heavy left turn volume during peak hours. Three alternatives have been developed by WILEY & WILSON that will allow the intersection to operate at a level of service which is not being attained with the present conditions. Six Levels of Service (LOS) are defined for each type of facility for which analysis procedures are available. They are given letter designations, from A to F, with level of service A representing the best operating conditions and level of service F the worst. Presently this INTERSECTION is experiencing a Level of Service F. This represents an intolerable condition. ALTERNATE A This Alternate proposed to widen all four approaches to the intersection to five lanes providing two left turn storage lanes, two through movement lanes and one right turn lane. The alternative will improve the LOS to "DII during peak hour travel times. By the year 2004, the INTERSECTION wil drop to "En LOS where comfort and convenience wil again become extremely poor. (ESTIMATED TOTAL COST $4,900-000). ALTERNATE B This Alternate proposes a grade separated spread diamond interchange with the heavy through movement on Princess Anne Road passing over the intersection uninterrupted. This is sometimes referred to as The Urban Interchange. Princess Anne Road will pass over South Witchduck/Kempsviile Roads with a grade structure approximately 130-foot long. All left turns will be accommodated with dual turn lanes and a three phase traffic signal to help smooth these manuevers. Phase One will accommodate dual lane left turns for southbound Witchduck Road and northbound Kempsville Road simultaneously. Phase Two will accommodate dual lane left turns for eastbound Princess Anne Road and westbound Princess Anne Road simulataneously, and Phase Three will accommodate dual lane through vehicles and southbound South Witchduck Road and northbound Kempsville Road. The LOS for this intersection for the present and year 2010 traffic will become "B" representing a stable flow of traffic with a good level of comfort and convenience to the motorist. (ESTIMATED TOTAL COST $10,410,000). C I T Y M A N A G E R' S B R I E F I N G PRINCESS ANNE/KEMPSVILLE ROADS INTERSECTION INTERCHANGE February 23, 1987 ITEM # 26875 (Continued) ALTERNATE C This Alternate proposes a grade separated partial cloverleaf interchange with the heavy through movement on Princess Anne Road passing over the intersection uninterrupted. The heavy left turn volumes on Princess Anne Road will be accommodated with loop ramps in the northwest and southeast quadrants of the intersection. The left turn volumes on South Witchduck Road and Kempsville Road will be accommodated with a two phase signal with one phase handling the dual left turns and the other phase accommodating the dual thru lanes on South Witchduck and Kempsville Roads. The LOS for this intersection for the present arid year 2010 traffic will become "B" with less delays than ALTERNATE B and providing an excellent ievel of comfort and convenience to the motorist. (ESTIMATED TOTAL COST $12,440,000). The Social and Economic factors that must be talien into consideration have a different dimension for an urban setting. High traffic roadways invariably attract high density commercial development. Properly balanced traffic volume flowing by business is an asset till it exceeds the capacity threshold and the City has exceeded the capacity threshold of this intersection today. This asset then becomes something of a liability. The Consultant recommended ALTERNATE B which reflects a strong interaction between the geometric, the electrical, structural engineering, environmental planning, the architectural treatment and the fact the signals are supported by the girders and even behavioral science districts. ALTERNATE B will provide a good good level of comfort and convenience for both present and future traffic volumes and will display fewer businesses than ALTERNATE C, as well as being less costly and is therefore the recommended ALTERNATE to be constructed. PUBLIC REARINGS will be SCHEDULED. RECESSED TO CEREMONIAL PRESENTATIONS at 6:55 P.M- - 9 - C I T Y M A N A G E R' S B R I E F I N G PRINCESS ANNE/KEMPSVILLE ROADS INTERSECTION INTERCHANGE February 23, 1987 IT@l # 26875 (Continued) ALTERNATE C This Alternate proposes a grade separated partial cloverleaf interchange with the heavy through movement on Princess Anne Road passing over the intersection uninterrupted. The heavy left turn volumes on Princess Anne Road will be accommodated with loop ramps in the northwest and southeast quadrants of the intersection. The left turn volumes on South Witchduck Road and Kempsville Road will be accommodated witti a two phase signal with one phase handling the dual left turns and the other phase accommodating the dual thru lanes on South Witchduck and Kempsville Roads. The LOS for this intersection for the present and year 2010 traffic will become "B" with less delays than ALTERNATE B and providing an excellent level of comfort and convenience to the motorist. (ESTIMATED TOTAL COST $12,440,000). The Social and Economic factors that must be taken into consideration have a different dimension for an urban setting. High traffic roadways invariably attract high density commercial development. Properly balanced traffic volume flowing by business is an asset till it exceeds the capacity threshold and the City has exceeded the capacity threshold of this intersection today. This asset then becomes something of a liability. The Consultant recommended ALTERNATE B which reflects a strong interaction between the geometric, the electrical, structural engineering, environmental planning, the architectural treatment and the fact the signals are supported by the girders and even behavioral science districts. ALTERNATE B will provide a good good level of comfort and convenience for both present and future traffic volumes and will display fewer businesses than ALTERNATE 0, as well as being less costly and is therefore the recommended ALTERNATE to be constructed. PUBLIC HEARINGS will be SCHEDULED. RECESSED TO CEREMONIAL PRESENTATIONS at 6:55 P.M- - 10 - Item IV-A.1 CEREMONIAL PRESENTATIONS ITEM # 26876 The MAYOR presented a CERTIFICATE OF COMMENDATION by the MAYOR'S COMMITTEE ON THE HANDICAPPED as well as a RESOLUTION IN RECOGNITION to: JULIA DRISH Katherin I. Xefteris, Member of the MAYOR'S COMMITTEE ON THE HANDICAPPED assisted in the presentation. Julia Drish (Julia Hall) was recognized for her initiative in promoting employment opportunities for persons with handicaps. As an employee of Kentucky Fried Chicken, she facilitated the hiring of approximately 12 handicapped workers in Kentucky Fried Chicken restaurants in the Tidewater Area. iu a- presenfe6 the e-acft IN WITNESS WHEREOF, we have hereunto set our hands and caused the seal of the City of Virginia Beach, Virginia to be afflxed this day of 1987 Item IV-A.1 CEREMONIAL PRESENTATIONS ITEIA 26877 The MAYOR presented a CERTIFICATE OF COMMENDATION by the 14AYORIS COMMITTEE ON THE HANDICAPPED and a RESOLUTION IN RECOGNITION to: CULTURAL EXPERIENCES, UNLIMITED Katherin I. Xefteris, Member of the MAYOR'S COMMITTEE ON THE HANDICAPPED, assisted in the presentation. Sarah E. Oliver, Executive Director, accepted this recognition. Cultural Experiences contributed to the quality of life for disabled persons through imaginative programming. lla pre$enfe6 b4 the ea ck m't'fiee O" fo IN WITNESS WHEREOF, we have hereunto set our hands and caused the seal of the Citv cif Virizinia Beach. Virginia to be affixed this day of '1987 kLm. @i,,. @PPW - 12 - Item IV-B. CEREMONIAL PRESENTATIONS ITEM # 26878 Harold Whitehurst, Director of Parks and Recreation, presented the MAURY RIGANTO STUDENT ATHLETE AWARD. Yvonne Anita Merkel (Arrowhead Recreation Area) Darian ukeith" Simmons (Kempsvile Recreation ARea) @AM NO. P.S. I INTER-OFFICE CORRESPONDENCE DATE: February 3, 1987 TO: Ruth Hodges Smith DEPARTMENT: City Clerk FROM: Phyllis M. Maness(lAkOA DEPARTMENT- Parks & Recreation SUBJECT: Agenda Item - Parks and Recreation Commission The Parks and Recreation Commission, along with the Department of Parks and Recreation, request that the presentation of two awards be conducted at the February 23rd Council Meeting which begins at 6:45 p.m. The two recipients are male and female participants in the Parks and Recreation community sports leagues. Enclosed is background information on the Maury Riganto Memorial Student Athlete Award and this year's recipients. Mr. Harold Whitehurst, Director of Parks and Recreation, will be present to facilitate this presentation. Commission Chairman, Garland Payne, and/or Vice- Chairman, Homer McCoy, plan to also be in attendance. I will confirm with our recipients date and time of this event in order that they be present to receive their awards. Thank you for your assistance. PMM/ksw Enclosure 6c: Harold S. Whitehurst Director MAURY RIGANTO STUDENT ATHLETE AWARD In 1982, the Parks and Recreation Commission began recognizing the outstanding student athlete in the Virginia Beach School System for the year in memory of Mr. Maury Riganto. Mr. Riganto, prior to his death, had served for many years as Chairman of the Parks and Recre- ation Commission. The 1982 recipient was Jeff Balance of Princess Anne High School; the 1983 recipient was D. J. Dozier of Kempsville High School and the 1984 recipients were Miss Traci Strickland of Bayside High School and Mr. James Fussell of Kempsville High School. In 1985, the Commission felt that it would be more in keeping with the memory of Mr. Riganto and his service to the Parks and Recre- ation Department, to recognize the outstanding male and female participant in the City's Youth Recreation League. With this in mind, the Parks and Recreation Department's staff set up a program involving the Recreation Area Chairmen throughout the City to nominate candidates from each area for each sports activity. At year end, a selection committee comprised of three area chairmen and two Recreation Division's staff evaluated the results and arrived at a decision on the male and female award winner for 1985: Robin Markland, Arrowhead Recreation League and Chris Armentrout from the Stumpy Lake Recreation League. Utilizing the same selection process as in 1985, this year's recipients are: Male: Darian "Keith" Simmons of the Kempsville Recreation area and Female: Yvonne Anita Merkel from the Arrowhead Recreation area. Keith is the son of Mr.. and Mrs. Samuel C. Simmons. He is 11 years old and has participated in the Kempsville Recreation Ar'ea Basebail League for three years including starting pitcher for the Midget Boys Baseball T am Champ e 3.onship for 1986. Keith has proven to be an out- standing leader by setting examples on and off the field. His positive and aggressive attitude infects others with enthusiasm and drive. Keith attends Providence Elementary School. Yvonne is the daughter of Anita and Michael Merkel. She has partic- ipated in the Senior Girls Basketball League in Arrowhead area for -the past two years; she is 17 years old. She not only is an outstanding player in her own right, she has also promoted and assisted (Continued) wj-tn tne k-arm ieague tor ooys ana gir-Ls, ages 7-9. She has kept score and helped as timekeeper, always beihg there when needed. Her leadership and team playing ability has been very constructive and uplifting to her team mates. Yvonne attends Kempsville High School. - 13 - Item IV-C.l. GOVERNOR'S AWARD OF EXCELLENCE ITEM # 26879 Max Gunn, Chairman of the Clean Community Commission, presented to the MAYOR: THE GOVERNOR'S AWARD OF EXCELLENCE The aforementioned award was presented for a Clean Virginia Community. The City of Virginia Beach is only one of six cities in the entire State to receive the Governor's Award for the fifth consecutive year. 13a - @IRGINIA BEACH CLEAN COMMUNITY COMMISSION January 29, 1987 Mrs. Ruth Hodges Smith City Clerk Municipal Center Virginia Beach, VA 23456 Dear Mrs. Smith: As my secretary has already discussed with you, I would like to present (along with my Chairman, Max Gunn) the Governor's Award of Excellence plaque to Mayor Jones. As I understand it, this would be done at the Council meeting on February 23, 1987. Thank you. If there should be a need for a change, just let me know. Sincerely, - a, Sheila A. Bogart Executive Coordinator nfe Municipal Ceilter Virginia Beach, Virginia 23456-9002 - 14 - Item IV-D.1/9 RESOLUTIONS OF APPRECIATION ITEM # 26880 Vice Mayor Meyera E. Oberndorf presented RESOLUTIONS IN RECOGNITION to: J. Douglas Blankenship (Housing Board of Appeals) Robert H. Callis (Virginia Beach School Board) William A. Cox, III (Francis Land House Board of Governors) Robert E. Gregory (Board of Electrical Appeals) William M. Gunter (Virginia Beach School Board) Frank W. McGraw, Jr. (Eastern Virginia Health System Agency) Ada Salsbury (Tidewater Regional Group Home) William A. Schlimgen (Community Services Board) C. V. West (Plumbing & Mechanical Appeals Board) Edward M. Wiliams (Housing Board of Appeals and Plumbing & Mechancial Appeals Board) These RESOLUTIONS expressed appreciation for the above members dedication, commitment and unselfish service on their individual Boards and Agencies. - 1 5 - Item IV-E. TROPHY - NORFOLK BOWLING ASSOCIATION ITEM # 26881 Presentation of the TROPHY (NORFOLK BOWLING ASSOCIATION) has been RESCHEDULED for the City Council Meeting of March 9, 1987. - 16 - Item IV-F. ADD-ON ITEM # 26882 Councilwoman Henley expressed sympathy on behalf of the City Council to the family of Roland Dorer, Member of the WETLANDS BOARDS. Roland Dorer pased away on Thursday, February 19, 1987. Roland Dorer had also served on the Mosquito Control Commission and the Parks and Recreation Advisory Commission. Roland Dorer will be remembered especially for his direction to the City relative the establishment of Mount Trashmore. A MOMENT OF SILENCE was observed in memory of this unselfish and dedicated citizen. - 17 - F ORM A L S E S S ION VIRGINIA BEACH CITY COUNCIL February 23, 1987 7:10 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, February 23, 1987 at 7:10 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: Mrs. Cassandra "Go Go" Barnes PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 18 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item V-D.1 ITEM # 26883 Councilman Fentress referenced he wished to sponsor Reverend John Jordan to speak. This item will be an ADD-ON under NEW BUSINESS. Item V-D.2 ITEM # 26884 Councilwoman McClanan referenced an Ordinance to transfer $2,610,000 from various roadway projects to project #2-988 Computer Traffic Signal System Expansion to allow acceleration of work and Low Bid to Asphalt Roads and Materials, Company, Incorporated, in the amount of $394,380 for Cleveland Street and Dorset Avenue Intersection Improvements (CIP 2-963) (See Item V-I-4 & 7 of the CONSENT AGENDA). Councilwoman McClanan advised she wished The Computer Traffic Signal System Expansion pulled for a separate vote. Councilwoman McClanan wished to register a VERBAL NAY on the Low Bid to Asphalt Roads and Materials, Company, Incoporated for Cleveland Street and Dorset Avenue Intersection Improvements. Item V-D-3 ITIN # 26885 Councilman Moss referenced a Resolution Directing the Planning Commission to Consider Amendments to the Comprehensive Zoning Ordinance Provisions regarding BILLBOARDS. This will be an ADD-ON Item under NEW BUSINESS. Item V-D.4 ITEM # 26886 Councilman Heischober requested an ADD-ON item under UNFINISHED BUSINESS concerning the CITY COUNCIL WORKSHOP SESSION to be SCHEDULED for March 3, 1987. 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. - 19 - Item V-E.1 MINUTES ITEM # 26887 Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council APPROVED the MINUTES of the INFORMAL & FORYIAL SESSIONS of February 9, 1987: Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, 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 Abstaining: Harold Heischober Council Members Absent: None 20 - Item V-F.1 PUBLIC H -MING NEEDS ASSESSMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ITEM # 26888 The Mayor DECLARED A PUBLIC HFARING on: NEEDS ASSESSMENT - COMMKUNITY DEVELOPMENT BLOCK GRANT 13th PROGRAM Maryann I. Ustick, Director - Housing and Community Development, introduced and recognized the officers of the Citizens Advisory Committee: Alice Green, President - Ernest Benson, Vice President - Sadie Shaw, Secretary and Sam Houston - Advisor was also in attendance. Maryann Ustick advised the Housing and Community Development Act of 1974 provided that Cities with populations of 50,000 or more would receive an annual entitlement Block Grant to be used for the following activites: (1) Promote the development of viable neighborhoods and communities (2) Prevent or eliminate slums and blight and (3) Primarily to benefit low and moderate income persons. Funding is appropriated on an annual basis by the Congress. July 1, 1987 marks the beginning of the City's thirteenth year of participation in this program. The City is required to hold at least one (1) public hearing to obtain citizens' views on housing and community development needs. The following spoke in behalf of the hungry and homeless: Charlie Liggio, 14ember of the Staff of Star of the Sea Catholic Church, spoke in behalf of the homeless and those living in substandard housing many of whom are served by Star of the Seals Food Pantry. The Housing Needs and Human Service Needs should be redefined. Brenda McCormick, represented The Hunger Ministery of "The Fire Escape", and spoke in behalf of the homeless at the Beach. Margaret M. Perkins, Vounteer of the Star of the Seals Food Pantry. Maureen Hanson, Shelter Coordinator of Samatarian House I and spoke as a representative of Emanuel Lutheran Church. Judy Schorr, Co-ordinator of Social Ministry at the Church of the Ascension, identified housing needs of the elderly and low and moderate income families. There being no further speakers, the Mayor CLOSED the PUBLIC HEARING. 20 a Cit3r @f February 18, 1987 Honorable Mayor Members of City Council Dear Members of Council: I n accor d ance w I th HUD I s r eq u I reme nt f or C I t I zen Part I c I pat I on u nd er 24 CFR 570 301 ( a ) (2 ) (3 ) , the Cl ty I s req.u i red to hol d at I east one ( 1 ) pub I I c hear I ng to obta i n citizens' views on housing and community development needs. As a result of this requirement, a public hearlng will be held on Monday, February 23, 1987, at 7:00 p.m. to receive comments and proposals for the 13th program year (1987-1988) of the Community Development Block brant Program which Is administered by the Department of Housing and Community Development. Sincerely yours, THM/bks Attachment cc: Mrs. All6e Gr6en Mr. Hector A. Rivera Mrs. Maryann 1. Ustick 2ub -MR= 13,@ 7 PUBLIC NOTICE CnYOFVIRG[NiABEACH COMMUNITY DEVELOPMENT BLOCK GRANT.PR6GRAM .1 987-1988 THIRT.EENTH YEAR PUBUCHEARING MONDAY, FEBRUARY 23,1987,7:00 P.M. CffYCOUNCILCHAMBERS Under the provisions of the Citizen Participation Plan, the City's Com- munfty Development Citizen Advisory Committee 'Mil hold a public headng to receive comments and proposals for consideration for fun- ding under the thirteenth yp@ 1987-88 CDBG Program. ESTIMATED FUNDING Under the prdvisions of the Housing and Community Development Act of 1974, the City of Virginia Beach expects to receive approximately 2,153,143 trom the U.S. Department of Housing and Urban Develop- ment for 1987-88 for community development activities. The primary obdectives of the Program are t6 aid in the prevention and elim.nation o slums and, blight, to provide for activities that benefit lo'w and moderateincomepersonsandtomeeturgentcommunitygeeds. EUGIBLEACTIVITIES Community Development funds may be used in accordance with pro- gram requi-rements for community improvements and revitalization ac- tivities which include code enforcem6nt, housing rehabilitabon, street, water and sewer rmprovements, replacement housing, housing counseling, emergency shelter and community planning. All cftizens of Virginia Beach are welcome to attend and partlclpate in the hearing to identity housing and community development needs and priohties within the city and/or to submit proposals for utlilzatlon of 1987-88 CDBG funds. Written proposals are requested but not re- quired For more information, please contact Mallssia L Lee at (804) 463-951 1 or write her at 397 Little Neck Road, 3300 Building, Suife 11 6, Virginia Beach, Virginia 23452. 20c - @it@ C>f @ilr@irai@ 13@et@ta DEPARTMENT OF HOUSING MD 397 LITTLE NECK FIOAD COMMUNITY DEVELOPMENT 3300 BUILDING. SUITE 116 (804@ 463 9511 VIRGINIA BEACH, VIRGINIA 23452 February 18, 1987 Hotiorable Mayor Met,,bers of Council Dezir Council Meinbers: On October 6 1 1986 , Council passed a @fiotion to appropriate additional funds of $367,000 for the Coriiiiunity Developrfierit Twelftti Prograrf, Year subject to t@ie followirig motion: City Council requested tile Citizeii Advisory Council consider fundin6; irl tile aaiount of $60,000 as "seed iiioney" for the Virginia Beac@i Coiiiniunity Development Corporation from tlie Contingericy Funding. Said request would be brougtit back to City Council accofiipaiiied by a written budget. In resporise to this iflotion, the Citizen Advisory Coiiiijittee has recorfiiiended tiiat iii order to utilize surplus contingency fuiids frorn earlier prograi@; years, $135,000 froi@i 8tti, 9tki anci 10th year Commuriity Developinent funds be allocated to fund a Virginia Beach Cocirounity Developnient Corporatioii (VPCDC) Prograii@. The Citizen Advisory Coiiir;iittee also recoinroended that the VBCDC be allocated $135,000 instead of $60,000 in order to fund the VBCDC Low an(J lloderate Incoiiie lioine Owners@iip Prograii proposal. Tkiis proposal will come before City Couticil for approval oil February 23, 1987. Respectfully yours, Alice Green President Citizen Advisory Corirrittee M E M 0 R A M@D U M TO: Maryann I. Ustick Director, HCD J'j FROM: Mary Kay Horoszewsk-IL@ Executive Director DATE: February 17, 1987 SUBJECT: MONTHLY REPORT/JANUARY 1987 MIHOP The proposal and supporting documentation was completed and submitted to the City on February 16, 1987. The Executive Director will advise the Board as to the date and time of review by City Council. The tentative date for review by City Council is February 23, 1987. The President of VBCDC Board of Directors, Executive Director and other Board Members will attend the Council Meeting to answer any questions concerning the program. Virginia Assocciaatticon of Housing & Community Develo Is The Executive Dir6ctor and Administrative Assistant attended a one day seminar in Richmond sponsored by the Virginia Association of Housing & Community Development Officials. The seminar addressed the implications of the Tax Reform Act of 1986 as it affects housing and community development. The seminar also provided information on Tax Exempt Bond Financing as a new approach to development financing. HUD/Monit As required by Federal Regulations the VBCDC was monitored by the City Department of Housing & Community Development for compliance with program and adminstrative requirements. The monitoring included a review of our financial record keeping systems, policy and procedure for drawdown and disbursement of funds, and purchasing procedure. The review will be conducted on an annual basis for our administrative funds and semi-annually for our Community Development Block Grant project funds. ec: S. Hill VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION MONTHLY REPORT JANUARY 31, 1987 CODE N 01/31/87 Y-T-D BALANCE V 01 SERVICES o.ti3o Prof Sal $35,000 S 4,038.45 $20,192.25 $14,807.75 F 57.697. 01150 Tech Sal 14,000 1,615.38 6,192.29 01370 Temp Cle -0- -0- 1,786.89 r.,020.82 F 5r..997. 02 FRINGE BENEFITS 02101 FICA Prof Sal 2,468 288.75 1,443.75 1,024.25 F 58.50% Tech Sal 987 115.50 442.75 544.25 F 44.86% 02201 Retire 2,000 -0- -0- 2,000.00 F .00% 02301 Hlth Ins 3,183 235.17 1,253.56 1,929.44 F 39.387 02302 Life Ins 396 -0- 33.00 363.00 F 8.33% 02304 Work Comp 168 -0- 168.00 -0- 100% 02307 Unem Comp 960 388.30 388.30 571.70 F 40.45% 03 CONTRACT SERVICES 03102 Legal 2,000 -0- 548.00 1,4-,2.00 F 27.40% 03103 Acctg 2,000 850.00 1,825.00. 175.00 F 91.25% 03201 Main Rep 43 -0- 43.00 -0- 100% 03301 Advert. 600 -0- 416.28 183.72 F 69.38% 03407 Consult 4,830 -0- -0- 4,830.00 F .00% 04 INTERNAL SERVICES 04301 Cen Store 410 6.91 209.42 200.58 F 51-08% 04401 Pt&Xerox 1,460 -0- 401.86 1,058.14 F 27.52% 05 OTHER CHARGES 05201 Postal 150 -0- 89.25 60.75 F 59.50% 05203 Telecom 1,140 112.65 522.62 617.38 F 45.84% 05401 Off Sup 680 -0- 281.55 398.45 F 41.40% 05402 Food Se 150 -0- 24.20 125.80 F 16.13% 05412 Bk&Subc 100 15.00 15.00 85.00 F 15-00% 05415 Comp Sup -0- -0- -0- -0- OOY 05501 Tra&Con 1,762 272.00 543.20 1,218.80 F 30.83% 05502 Trvl-Rt 738 56.38 270.00 468.00 F 36.59% 05801 Due&Mem 200 -0- 120.00 80.00 F 60-00% 05313 D&O Lia 9,733 -0- -0- 9,733.00 F .00% 07 CAPITAL OUTLAY 07302 Fur&Fix 620 -0- 576.37 43.63 F 92.00% 07307 Data Proc -0- -0- -0- -0- .00% GRAND TOTALS $85,778 0 7,994.49 $37,786.54 047,991.46 F 44.05% - 21 - Item V-G.l.a-9 PUBLIC HEARING PLANNING ITFII # 26889 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING BY CONSENT ITEKS a. GEORGE LOIZOU, ANDRFAS LOIZOU AND EFTHYMIOS LOIZOU STREET CLOSURE b. MAUREEN MOTTOLESE STREET CLOSURE c. THE BREEDEN COMPANIES CHANGES OF ZONING d. HOPE HOUSE FOUNDATION CONDITIONAL USE PERMIT e. VICTORIA L., ESTHER B. AND WLLIAM R. WARD CHANGE OF ZONING AND LAND MANAGEMENT COMPANY OF VIRGINIA CONDITIONAL USE PERMIT f. GRADY A. AND SANDRA G. WILSON SUBDIVISION VARIANCE g. JAMES H. AND ROSEMARIE SHERROD SUBDIVISION VARIANCE h. HAROLD A. DELONG AND FLORENCE DELONG CHANGE OF ZONING i. ROBERT M. STANTON CONDITIONAL USE PERMIT j. TERRY-PETERSON DEVELOPMENT CORPOPATION CHANGES OF ZONING - 22 - Item V-G.l.a. PUBLIC HEARING PLANNING ITEM # 26890 Attorney Stuart Held represented the applicant and requested DEFERRAL for thirty (30) days for compliance of conditions. Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council DEFERRED for thirty (30) days for Compliance of Conditions until a City Council Session on March 23, 1987, an Ordinance for the discontinuance, closure and abandonment of a portion of Broad Street in the petition of GEORGE LOIZOU, ANDREAS LOIZOU AND EFTHYMIOS LOIZOU. If compliance is not met, same shall be administratively DENIED and not reschduled for the City Council Agenda.. Application of George Loizou, Andreas Loizou and Efthymios Loizou for the discontinuance, closure and abandonment of a portion of Broad Street beginning at the southeast corner of Broad Street and Pennsylvania Avenue and running in an easterly direction a distance of 250 feet to the southwest corner of Broad Street and Southgate Avenue. Said parcel is 60 feet in width and contains 15,000 square feet. BAYSIDE BOROUGH. Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: Barbara M. Henley, John D. Moss and Nancy K. Parker Council Members Absent: None - 23 - Item V-G.l.b. PUBLIC HEARING PLANNING ITF24 # 26892 Attorney R. J. Nutter represented the applicant and advised all conditions had been satisfied. Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council AUTHORIZED FINAL APPROVAL of an Ordinance for the discontinuance, closure and abandonment of a portion of Old Norfolk/Virginia Beach Road in the petition of MAUREEN MOTTOLFSE. Application of Maureen M. Mottolese for the discontinuance, closure and abandonment of a portion of Old Norfolk-Virginia Beach Road beginning on the west side of Little Neck Road and running in a westerly direction a distance of 236.87 feet. Said parcel varies in width from 41-93 feet to 30 feet and contains 10,410-84 square feet. 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 -23a - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN PAPER STREET OF VARIABLE WIDTH, KNOWN AS OLD NORFOLK-VIRGINIA BEACH ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING A PORTION OF OLD NORFOLK-VIRGINIA BEACH ROAD TO BE CLOSED FOR MAUREEN M. ABRAHAM, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS ATTACHED HERETO. WHEREAS, it appearing by affidavit that proper notice has been given by Maureen Mottolese, (formerly known as Maureen M. Abraham) , that she would make application to the Council of the City of Virginia Beach, Virginia, on t 1985, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be disco.ntinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: That certain portion old Norfolk-Virginia Beach Road, containing approximately 0.239 acres, beginning at a point on the SouthWest corner of the intersection of Little Neck Road and Old Norfolk-Virginia Beach Road as established, thence from said point of beginning S 84*-041-38" W 236.87 feet to a pin; thence along the south side of old Norfolk-Virginia Beach Road along the arc of a curve with a radius of 593.67 feet, an arc distance of 121.92 feet to a point; thence N 17'-411-2211 W 30 feet to a pin on the northeast corner of the intersection of Old Norfolk-Virginia Beach Road and now or formerly Harrison Street; thence along the north side of old Norfolk-virginia Beach Road along the arc of a curve with a radius of 623.67 feet, an arc distance of 128.08 feet to a pin; thence N84*-041-38" E 207.57 feet to a point on the Northwest corner of the intersection of old Norfolk-Virginia Beach Road and Little Neck Road; thence S 50@-141- Y, CROMWELL, BETZ 47" E 41.93 feet to the point of beginning LUSTIG, P.C. as shown on that certain plat entitled "PLAT SHOWING A PORTION OF OLD NORFOLK-VIRGINIA BEACH ROAD TO BE CLOSED FOR MAUREEN M. ABRAHAM (Now known as MAUREEN MOTTOLESE) L N@NHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA." February 23, 1987 23b - Said parcel of land being a portion of old Norfolk-Virginia Beach Road as indicated on that certain plat of property to be vacated West of Little Neck Road for Catherine Mottolese, which plat is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, virginia, in Map Book at page and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. SECTION III This Ordinance shall be effective sixty (60) days from the date of its adoption. CROMWELL. BETZ LUSTIG, P.C. @T I.. FINAL APPROVAL: February 23, 1987 reb 2 23c (itly, D. TLu:p.,O.lt W@... 0-1 R. S@..., J.. Tn",. J-IT. M. T...... S. (...... R. D".. June 18, 1985 1, R. Edward Bourdon, jr. , attorney for Maureen Mottolese, do hereby certify that: 1. I am an attorney at law and represent Maureen Mottolese (formerly Maureen M. Abraham). 2. That based upon my examination of title, it is my opinion that if the portion of the street sought to be closed is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to said street will vest in the owners of the fee in all adjacent property. 3. The portion of street to be closed, referred to herein, is described as follows: That certain portion old Norfolk-virginia Beach Poad, containing approximately 0.239 acres, beginning at a point on the SouthWest corner of the intersection of Little Neck Road and Old Norfolk-Virginia Beach Road as established, thence from said point of beginning s 84@-041- 38" W 236.87 feet to a pin; thence along the south side of old Norfolk-Virginia Beach Ro'ad along the arc of a curve with a radius of 593.@67 feet, an arc distance of 121.92 feet to a point; thence N 17@-411-22" W 30 feet to a pin on t'he northeast corner of the intersection of Old Norfolk-Virginia Beach Road and now or formerly Parrison Street; thence along the north side of Old Norfolk-Virginia Beacti Road along the arc of a curve with a radius of 623.67 feet, an a@c distance of 128.08 feet to a pin; thence N84*- 041-38" E 207.57 feet to a point on the Northwest corner of the intersection of r)ld Norfolk-Virginia Beach Road and Little Neck Ro@d; thence S 50'-141-47" F. 41.93 feet to the point 23d Gijy, ('ROMWLILI., BF.TZ SC LITSTI(-., l'- Page 2 June 18, 1985 of beginning as shown on that certain plat entitled "PLAT SROWING A PORTION OF OLD NORFOLK-VIRGINI4 BEACH ROZKD TO BE CLOSED FOR MAUREEN M. ABRZHAM (Now known as MAUREEN MOTTOLESE) LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA." GUY, CROMWELL, BETZ LUSTIG, P.C. By: R. Edward Bourdon, Jr. reb - 24 - Item V-G.l.c PUBLIC HEARING PLANNING ITEM # 26892 Attorney Robert Cromwell represented the applicant Franklin Wiley, Vice President of THE BREEDEN COMPANIES, also responded to Council inquires concerning his application Gary Haste, Project Manager, Talbot and Associates also reprsented the applicant OPPOSITION: Harry Luman, resident of Albright Drive Rae H. LaSesne, resident of Kempsville Carol A. LaHorner, resident of Lakeview Park Area, was strongly opposed to thirty (30) day RECONSIDERATIONS Clarence Warnstaff, Director of Public Utilities, responded to City Council inquires, and advised the Queen City CIP project and the Elizabeth River Shores CIP project are not related. The proposed zoning of THE BREEDEN COMPANIES does not impact the Queen City project or the Elizabeth River Shores project. Copy of Mr. Warnstaff's MEMORANDUM dated February 19, 1987, is hereby made a part of the record. A MOTION was made by Councilman Moss, seconded by Vice Mayor Oberndorf to DENY Ordinances upon application of THE BREEDEN COMPANIES for Changes of Zoning on certain properties located on the west side of South Military Highway, 1100 feet north of Indian River Road (Kempsville Borough) from B-1 Business- Residential District to A-2 Apartment District (12.963 acres) AND, from B-2 Community-Business District to A-2 Apartment District (5 acres). Voting: 5-6 (MOTION LOST TO A NFGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Albert W. Balko, John A. Baum, Robert E. Fentress, Mayor Robert G. Jones", Harold Heischober and John L. Perry Council Members Absent: None *Verbal Nay - 25 - Item V. 1 . c PUBLIC HEARING PLANNING ITF14 # 26892 (Continued) Upon motion by Councilman Baum, seconded by Councilman Balko, City Council ADOPTED Ordinances upon application of THE BREEDEN COMPANIES for Changes of Zoning. City Council had previously DENIED these Ordinances on December 22, 1986, and on January 12, 1987 agreed to RECONSIDER this DENTAL. ORDINANCE UPON APPLICATION OF THE BREEDEN COMPANIES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 to A-2 Z02871139 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the Breeden Companies for a Change of Zoning District Classification from B-1 Business-Residential District to A-2 Apartment District on certain property located 350.29 feet west of South Military Highway, 1100 feet north of Indian River Road. Said parcel contains 12.963 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. A N Dy ORDINANCE UPON APPLICATION OF THE BREEDEN COMPANIES FOR A CHANGE OF ZONING DISTHICT CLASSIFICATION FROM B-2 TO A-2 Z02871140 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of The Breeden Companies for a Change of Zoning District Classification from B-2 Community-Business District to A-2 Apartment District on certain property located on the west side of South Military Highi4ay, 1100 feet north of Indian River Road. Said parcel contains 5 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. - 26 - Item V-G.I.c. PUBLIC HEARING PLANNING ITEM # 26892 (Continued) The following conditions shall be required: 1. Construction shall be 36 one-bedroom units and 148 two-bedroom units. 2. 2.1 Parking Spaces per unit. 3. One curb cut on Military Highway. 4. 130-foot Buffer Strip along Military Highway. 5. All development will be above the 10-foot contour. 6. Trees shall remain below the 10-foot contour on the rear of the property. 7. Category II screening shall be planted next to the commercial and hotel area to shield project from the surrounding area. 8. Installation of appropriate oil and grease separator unit. 9. Dedication of pump station site. These Ordinances shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- third day of February, Nineteen Hundred and Eighty@seven. Voting: 6-5 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert Jones and John L. Perry Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None *Verbal Nay - 27 - Item V-G.l.d PUBLIC HEARING ITEM # 26893 PLANNING Ruth Anne Rusbuldt represented the applicant Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ADOPTED an Ordinance upon application of HOPE HOUSE FONDATION for a Conditonal Use Permit: ORDINANCE UPON APPLICATION OF HOPE HOUSE FOUNDATION FOR A CONDITIONAL USE PERMIT FOR A RIDING ACADEMY (THERAPEUTIC HORSEBACK RIDING PROGRAM) R02871018 BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Hope House Foundation for a Conditional Use Permit for a riding academy (therapeutic horseback riding program) on the northeast side of Indian River Road, 5544 feet southeast of Elbow Road. Said parcel is located at 3880 Indian River Road and contains 27.3 acres. Plats with more detailed information are available in the Deparmtent of Planning. KEMPSVILLE BOROUGH. The following conditions shall be required: 1.A @0-foot right-of-way dedication along Indian River Road to provide for an ultimate 6-lane divided controlled access right-of-way. 2. A 100-foot drainage easement from the centerline of the canal in the rear of this property, in addition to the existing easement, to provide for an ultimate @ 200-foot drainage easement. 3. Activities are to be for handicapped only. 4. Approval is for a period of two (2) years. 5. Letter shall be written by the City Attorney to explain to the owners of the property (Cecil J. McCrary, Gary E. and Jo Ann Jackson) the three definitions concerning dedication, easement and reservation, as well as explaining the Floodway Ordinance advising none of the Floodway shall be constructed upon or altered in anyway. 6. Operator shall reside on and manage the property. 7. Stable area shall be 411-9 feet from Indian River Road. 8. Entire property shall be fenced. 9. Only twenty (20) horses shall be boarded. 10. Only fifteen (15) horses shall be in the pasture at one time. - 28 - Item V-G.l.d. PUBLIC HEARING PLANNING ITI!4 # 26893 (Continued) ii. Horses shall not be for rental. 12. Only a total of thirty-five (35) horses shall be on said property. 13. Trees on left side of property line shall be maintained. 14. The Business shall be maintained 200 feet from the Salem Canal. 15. Development shall be in compliance with an approved Land Use Plan. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- third day of February, Nineteen Hundred and Eighty-seven. Voting: 11-0 Council 14embers 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 - 29 - Item V-G.l.e. PUBLIC HEARING PLANNING ITEM # 26894 Attorney Barry Randolph Koch was not in attendance but forwarded a letter requesting WITHDRAWAL of said application. (Letter dated February 23, 1987 is hereby made a part of the record.) Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council ALLOWED WITHDRAWAL of Ordinances upon application of VICTORIA L., ESTHER B. AND WILLIAM R. WARD for a Change of Zoning District Classification and an Ordinance upon application of LAND MANAGEMENT COMPANY OF VIRGINIA, INCORPORATED, for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VICTORIA L., ESTHER B. AND WILLIAM R. WARD FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO B-2 Ordinance upon application of Victoria L. , Esther B. and William R. Ward for a Change of Zoning District Classification from R-8 Residential District to B-2 Community-Business District on certain property located on the west side of Centeville Turnpike, 500 feet more or less south of Old Ridge Road. Said parcel is located at 2013 Centerville Turnpike and contains 4.43 acres. Plats with more detailed information are available in the Department of Planning. KEMSPVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF LAND MANAGEMENT COMPANY OF VIRGINIA, INC., FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE AND REPAIR CENTER Ordinance upon application of Land Management Company of Virginia, Inc., for a Conditional Use Permit for an automobile service and repair center on certain property located on the west side of Centervile Turnpike, 500 feet more or less south of Old Ridge Road. Said parcel is located at 2013 Centerville Turnpike and contains 4.43 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. - 30 - Item V-G.l.e. PUBLIC HEARING PLANNING ITEM # 26894 (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 - 31 - Item V-G.l.f. PUBLIC HEARING PLANNING ITEM # 26895 Attorney Michael Inman represented the applicant and advised the property comprising approximately 11 acres running immediately behind the subject property all the way to Old Providence Road is owned by the Driskell's. Attorney Inman advised the width of the paved property is 19.5 feet. The City Attorney in responding to City Council's request provided a Memorandum concerning the meaning of an "Unnecessary hardship". (Said Memorandum is hereby made a part of the record.) Robert Scott, Director of Planning, advised City Council concerning tlle reasons flag lots today are not an acceptable form. Robert Scott advised the Ordinances now prohibit large scale use of "flag lots" but still do not prohibit the occasional use of them. The Staff observation is where the "flag lots" continue to exist, these aforementioned "flag lots" still provide the same problems in certain cases: (1) Capability of changing the character of a neighborhood, (2) Could give rise to a disorderly pattern of development, (3) Diminished ability to provide access, (4) More difficult to provide police, fire and emergency rescue squad protection, (5) Denial of usual neighborhood conveniences. Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council APPROVFD the applcation of GRADY A. AND SANDRA G. WILSON for a Variance to Section 4.4(b) of the Subdivison Oridnance: Appeal from decisions of Administrative Offices in regard to certain elements of the Subdivision Ordinance, Subdivision of Grady A. and Sandra G. Wilson. Property is located on the east side of Woodstock Road, 570 feet more or less south of Oak Terrace Drive. Plats with more detailed informaiton are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 9-1 Council Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Albert W. Balko Council Members Abstaining: Mayor Hobert G. Jones Council Members Absent: None Mayor Robert G. Jones ABSTAINED as Grady A. & Sandra G. Wilson were his clients. - 32 - Item V-G.l.g PUBLIC HEARING PLANNING ITEM # 26896 Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council DENIED the application of JAMES H. AND ROSE14ARIE SHERROD for a Variance to Section 4.4(b) of the Subdivison Ordinance. Appeal from Decisions of Administrative Offices in regard to certain elements of the Subdivision Ordinance, Subdivision for James H. and Rosemarie Sherrod. Property is lcoated at 4708 Hollis Road. 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: None - 33 - Item V-G.l.h. PUBLIC HEARING PLANNING ITEM # 26896 Jim Tinkham, William E. Wocd & Associates, represented the applicant OPPOSITION: Joseph P. Long represented the Carolanne Gardens, Point 0 Veiw and Ridgelea Civic Leagues and distributed photographs depicting the traffic congestion. (Said photographs are hereby made a part of the record.) Rae H. LeSesne represented the Ridgelea Civic League and presented petition in OPPOSITION. (Said petition is hereby made a part of the record) Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council DENIED an Ordinance upon application of HAROLD A. DELONG AND FLORENCE DELONG for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF HAROLD A. DELONG AND FLORENCE DELONG FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO 0-1 Ordinance upon application of Harold A. Delong and Florence Delong for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District on certian property located on the east side of Parliament Drive, 170 feet north of Princess Anne Road. Said parcel is located at 328 Parliament Drive and contains 10,454.4 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE 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 - 34 - Item V-G.l.i PUBLIC HEARING PLANNING ITEM # 26897 The City Clerk referenced a letter from Robert M. Stanton requesting WITHDRAWAL of said application. Said application is hereby made a part of the record. Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of ROBERT M. STANTON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ROBERT M. STANTON FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT Ordinance upon application of Robert M. Stanton for a Conditional Use Permit for a borrow pit on certain property located on the north side of Indian River Road, 2700 feet more or less east of Elbow Road. Said parcel contains 69 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, 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: Robert E. Fentress 3 5 Item V-G.l.j. PUBLIC HFARING PLANNING ITEM # 26898 Attorney Robert Cromwell represented the applicant and proferred various conditions as well as submitting a Deed Restriction. Attorney Cromwell presented a rendering depicting an 80% brick exterior with vinyl entrances and window treatment. OPPOSITION: Ira Lee White, Thirty-year resident of Horseshoe Bend L. R. Kaufman, resident of Jack Frost Road and represented the Lake Shores Civic League Robert J. Searcy, President - Lake Shores Civic League, presented letter citing reason for OPPOSITION. (Said letter is hereby made a part of the record) L. Lee Banks, Thirty-year resident of Jack Frost Road A MOTION was made by Councilman Perry, seconded by Councilman Balko to ADOPT Ordinances upon application of Terry-Peterson Development Corporation for Changes of Zoning on the south side of Shore Drive, east of Jack Frost Road (Bayside Borough) from R-3 Residential District to A-2 Apartment District containing 9.223 acres; AND, from B-2 Community-Business District to A-2 Apartment District containing 27,225 square feet. A SUBSTITUTE MOTION was made by Councilman Moss, seconded by Councilwoman Parker to DENY Ordinances upon application of Terry-Peterson Development Corporation for Changes of Zoning on the south side of Shore Drive, east of Jack Frost Road (Bayside Borough) from R-3 Residential District to A-2 Apartment District containirig 9.223 acres; AND, from B-2 Community-Business District to A-2 Apartment District containing 27,225 square feet. Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Albert W. Balko, John A. Baum, Robert E. Fentress, Haroid Heischober, Mayor Robert G. Jones and John L. Perry Council Members Absent: None - 36 - Item V-G.l.j. PUBLIC HEARING PLANNING ITEM # 26898 (Continued) Upon motion by Councilman Perry, seconded by Councilman Balko, City Council ADOPTED Ordinances upon application of TERRY-PETERSON DEVELOPMENT CORPORATION for Changes of Zoning: ORDIIIANCE UPON APPLICATION OF TERRY/PETERSON DEVELOPMENT CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO A-2 Z02871141 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Terry/Peterson Development Corporation for a Change of Zoning District Classification from R-3 Residential District to A-2 Apartment District on Certain property located on the south side of Shore Drive beginning at a point 460 feet more or less east of Jack Frost Road. Said parcel contains 9.223 acres. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF TERRY/PETERSON DEVELOPMENT CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO A-2 Z02871142 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Terry/Peterson Development Corporation for a Change of Zoning District Classification from B-2 Community-Business District to A-2 Apartment District on certain property located on the south side of Shore Drive beginning at a point 1125 feet more or less east of Jack Frost Road. Said parcel contains 27,225 square feet more or less. Plats with more detailed information are available in the Department of Planning. BAYSIDE BOROUGH. - 37 - Item V-G.l.f. PUBLIC HFARING PLANNING ITEM # 26898 (Continued) The following conditions shall be required: 1. Voluntary agreement restricting the construction to condominiums "for sale". 2. Building height shall not exceed two (2) stories of 80% brick construction with vinyl and veneer entrances and window treatment. 3. A homeowners association shall provide fees for dues, maintenance of streets, garbage collection, et cetera. 4. Sixteen (16) eight-plexes as far from the adjacent neighbors as possible. 5. There shall be a holding pond. 6. Developer shall install an oil and grease separator unit. 7. Units shall be designed so as not to be conducive to generate school children. 8. Limit density from 177 to 130 units 9. Deed restriction for one-single family residence shall be recorded. The last paragaph of said deed restriction shall be eliminated: @-@-tA @- ly f+,@ \'25)' 10. There shall be no construction within the Floodway. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- third day of February, Nineteen Hundred and Eighty-seven. Voting: 6-5 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones and John L. Perry Council Members Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None 37 a- DECLARATION OF RESTRICTION THIS DECLARATION, made this day of 1987, by Terry/Peterson Development Corporation, a Virginia corporation, being the owner of all of the property hereinafter described, and being herein- after referred to as "Declarant": W I T N E S S E T 11 That Declarant, owner of all of the property described on Exhibit "A" attached hereto, does hereby declare and give notice that all of the said property is hereby made subject to the condition and restriction that it shall be used only for residential purposes, and that only one single family dwelling shal.1 be constructed thereon. The land shall not be subdivided. This restriction is intended to benefit neighboring properties and shall be construed as a covenant running with tlie land. It is imposed in consideration of tlie granting of certain increased density on an ad- jacent parcel. Enforc6ment of the restriction set forth above may be sought in the Circuit Court of the City of Virginia Beach, Virginia, by the City of Virginia Beach or by any affected property owner. TERRY/PETERSON DEVELOPMENT CORPORATION A Virginia Corporation By: John H. Peterson, Jr., President STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, a Notary bublic in and for the City and in the State aforesii.d, clo certify that John U.'Peterson, President of Terry/Peterson Development Corporation, a Virginia Corporation, whose name as such is signed to the foregoing writing bearing date on the day of 1 1987, has acknowledged the same before me in my said City and State. Notary Public My term of office expires: EXHIBIT A was not received-at time of printing of MINUTES of February 23, 1987. L r P41"1601 de this d of 1981, by and ""TI-IIS DEED, Ma ay between VIRGINIA-FLORIDA CAPITAL CORPORAT)ON, a Virginie corpora- r arty of the tion, party of the first pa t, and D. H. BURLAGE, p second part; W I T N E S S E T Ii. That for and in consideration of the -um of TEN ($10.00) h in hand paid and other good and valuable considera- DOLLARS, cas tions, the receipt whereof is hereby acknowledged, the said parties of the first part do hereby bargain, sell, grant, assign @.;and convey, with GENERAL WARRANTY, unto the said D. H..BURLAGE, e following described property, to-wit: ALL that certain tract, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia (formerly Kempsville Magisterial District, Princess Anne County, Virginia), located on the Southern side of Shore Drive (U.S. Highway 60) amd more particularly bounded and described as follows, to-wit: BEGINNING at a point at the Southeastern inter- section of Shore Drive and Gator Road and from said point of beginning running thence along the Eastern side of Gator Road South 4 degrees 52' 15" West 413.37 feet to an angled point; thence continuing the same course 110 feet more or less to an angled point or pin; thence South 85 degrees 051 4011 East 505 feet more or less to the Western boundary line of a 30 foot drainage ease- ment dedicated to Princess Anne County; thence, continuing along the samecourse and distance 30 feet North 6 degrees 06' 30" West 479.32 feet more or less to a point on the South side of Shore Drive; thence turning and running along the South side of the right of way of Shore Drive in a Westerly direction along the arc of a circle whose radius is 2,815 feet and whose arc distance is 443.44 feet @-@e poi"-Qf-beginning at the Southeast intersection of Shore Drive and Gator Road. SAVE AND EXCEPT All that certain piece or parcel of land designated as "PARCEL P-211 as shown on that certain plat entitled: "PLAT OF PARCEL P-2 (SEWAGE PUMP STATION SITE) PART OF PARCEL 1 PLAT OF LAKESHORE CORP., VIRGINIA BEACH, VIRGINIA, BELONGING TO VIRGINIA-FLORIDA CAPITAL CORPORATION. liEREBY CONVEYFD TO CITY OF VIRGINIA BFACH, VA. SCALE 1"=20', May 9, 1974, CHEWNING- HOGGARD-ADKINS, INC., ENGINEERS-PLANNERS P4ri SURVEYORS, VIRGINIA BEACH, VIRGINIA," and recorded in May Book at Page in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, to which reference is made for a more particular description. IT BEING part of the same property conveyed to the grantors herein by deed of K. G. Christopoulos et al, by deed dated April 24, 1970 and.recorded in Deed Book 1162 at Page 97 in the aforesaid Clerk's Office. The parties of the first part covenant that they are seized! in fee simple of the aforesaid land and that they have the right ,to convey same to the grantee herein named; that said grantee shall ,have quiet and peaceable possession of said land, free and clear from all encumbrances; that they, the said parties of the first @:part, have done no act to encumber said land, and that they, the said parties of the first part, will execute such further assur- .ances thereof as may be requisite. WITNESS the following signatures and seal.s: VIRGINIA-FLORIDA CAPITAL CORPORATION D. H. Burlage, Presi ATTEST: Robert E. Smith, Secretary-Trea'sarer STATE OF VI@qlN;[A: CITY OF-A o-wit: a Notary Public in and for the City ;and State Aforesaid, do hereby certify that D. H. Burlage, Preside@t l@and Robert E. Smith, Secretary-Treasurer, of Virginia-Florida 'Capital Corporation, whose names are signed to the foregoing writing bearing th e day of 1981, have ac- - 38 - Item V-H. 1 . ORDINANCES ITEM # 26899 Charles M. Reynolds, President - Virginia Beach Community Development Corporation who reiterated the goal of the Low/Moderate Income Home Ownership Program to provide a minimum of eight (8) single family homes that are affordable for purchase by low/moderate income families. A proposal will also be submitted to VHDA to request funding to provide for low cost rental units (Transitional Housing). This proposal will be a cooperative effort between the VBCDC and Virginia Beach Ecumenical Housing Incorporated. The VBCDC was developed as a conduit because the City does not have a Housing Autilority, to provide housing into the TARGET NEIGHBORHOODS. Mary Kay Horoszewski, Executive Director - Virginia Beach Community Development Corporation, also responded to City Council's inquires. Sam Houston, Senior, represented the elderly, and spoke in favor of the Ordinance Upon motion by Councilman Heischober, seconded by Councilman Perry, City Council ADOPTED: Ordinance to transfer $135,000 from Community Development Block Grant Contingencies to fund a contract with and authorize the City Manager to execute an agreement with the Virginia Beach Community Development Corporation for a Low and Moderate Income Home Ownership Program. 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 *Vice Mayor Oberndorf delivered to the City Clerk on February 24, 1987, a request to note her financial interest in a Trust with the Virginia Housing Development Authority. Said letter is hereby made a part of the proceedings. 38a - Oit@ C>f MEYERA E. OBERNDORF 5404 CHALLEDON DRIVE VICE-MAYOR VIRGINIA BEACH, VIRGINIA 23462 (804) 427-4581 (804) 464-2622 February 24, 1987 Mrs. Ruth H. Smith City Clerk Municipal Center Virginia Beach, Virginia 23456 RE: Agenda 2/23/87 Item H.l. - Transfer of $135,000 to Fund Contract with Virginia Beach Community Development Corporation (Low and Moderate Income House ownership Program) Dear Mrs. Smith: In reference to the above-captioned item, it is requested that my vote be changed from "yeall to "abstain" since upon review of my financial records, I have a financial interest in a trust which does business with the Virginia Housing Development Authority. It is my understanding that Virginia Community Development corporation, a non-profit corporation, may apply for grants or obtain funding from Virginia Housing Development Authority in the future. Therefore to avoid any present or future potential conflict of interest, I am requesting that my vote be changed accordingly. Very truly yours, Meyera Oberndorf Vice Mayor MEO/mkm cc: The Honorable Mayor Members of Council Commonwealth Attorney Public Information office (for distribution) 38b - Requested by the Department of Housing and Community Development AN ORDINANCE TO TRANSFER $135POOO FROM COMMUNITY DEVELOPMENT BLOCK GRANT CONTINGENCIES TO FUND A CONTRACT WITH AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION FOR A LOW AND MODERATE INCOME HOME OWNERSHIP PROGRAM WHEREAS, the City of Virginia Beach desires assistance to provide for the construction of affordable homes for the low and moderate Income neighborhoods In a manner consistent with the purpose of the Cityls neighborhood plans for target areas, and to Involve the community In the revitalization of these areas; and WHEREAS, the V lrginia Beach Community Development Corporation (VBCDC) Is a non-profit organization which may assist residents of Vtrginia Beach In the construction and purchase of affordable single family homes; WHEREAS, the City wishes to enter Into a contract with the VBCDC to provide this assistance to residents; and WHEREAS, the City shall monltor the VBCDC to ensure compliance with U. S. Department of Housing and Urban Development (HUD) fiscal and performance requlrements for subrecipients of Communlty Development Block Grant (CDBG) funds; and WHEREAS, the VBCDC shall comply with the City's Grant Guidelines for Agencies Receiving Funds from the City of Vtrginfa Beach to fund activities which benefit the citizens and the community; and WHEREAS, the VBCDC agrees to administer the Low/Moderate Income Home Ownership Program in accordance with Federal Regulations regarding Community Development Block Grant Funds; and WHEREAS, funding for the 8th, 9th, and 10th Community Development Block Grant Program years Includes $135,000 for contingencies which can be used to fund a contract with the VBCDC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCFL OF THE CITY OF VIRGINIA BEACH that $135,000 be transferred from CDBG- Contingencies in the 8th, 9th and 10th Program Years In order to 38c - fund a contract to provide assistance to low Income resldents to construct and finance affordable single family homes, and BE IT ALSO ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINI@ BEACH that the attached Agreement Is hereby approved and the City Manager Is hereby authorized and directed to sign the agreement wlth the VBCDC for the purposes referenced above and for the terms and conditions more fully specified In an agreement attached hereto and Incorporated by reference. This ordinance shall be effective from the date of Its adoption. Adopted by Council of the City of Virginia Beach, Virginia on the 23 day of February 1 987. APPROVED AS TO CONTENT: APPROVED AS TO FORM: Mar USTIZ-k,@ tor City Attordey DepartKent of Housing and Community Development Attachment - 39 - Item V-H.2 ORDINANCES ITEM # 26900 Harold Whitehurst, Director of Parks and Recreation, and Donald Trueblood, City Engineer, responded to City Council's inquiries. Donald Trueblood estimated approximately 6 months to perform the design work and approximately one year construction concerning the repairs to Lynnhaven Municipal Marina. Estimate of constuction is approximately $1.2 MILLION (bulkhead replacement, fuel tank replacement, new fuel pumps). Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED: Ordinance to transfer appropriations in the amount of $120,500 within the Department of Parks and Recreation's 1987 Operating Budget for Engineering Designs and Permits and for Partial Settlement with Concessionaire regarding repairs to Lynnhaven Municipal Marina. 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 *Verbal Aye A@ @1,5 To CCr.'@TEI T AN ORDINANCE TO TRANSFER 2 APPROPRIATIONS FOR ENGINEERING 3 DESIGNS AND PERMITS AND FOR PARTIAL 4 SETTLEMENT WITH CONCESSIONAIRE 5 REGARDING REPAIRS TO LYNNHAVEN 6 MUNICIPAL MARINA. 7 8 9 WHEREAS, it is the intent oE the City to maintain safe 10 and functional facilities for the users of those facilities, and 11 WHEREAS, the Lynnhaven Municipal Marina was closed on 12 December 31, 1986, because it was not considered to be safe and 13 functional because of the deteriorations revealed by a study of 14 the Marina performed by C. E. McQuire, Inc., and 15 WHEREAS, it is necessary to prepare engineering designs 16 and apply for permits before repairs can be made to the Marina, 17 and 18 WHEREAS, the closure of the Marina has resulted in the 19 need for an interim settlement with the concessionaire, and 20 WHEREAS, the cost for the engineering designs, surveys, 21 and permits and the interim settlement with the concessionaire 22 will require the appropriation of $120,500.00, and 23 WHEREAS, the necessary appropriations may be provided 24 through transfer of funds within the Department of Parks and 25 Recreation's fiscal year 1987 operating budget. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA, that appropriations in the 28 amount of $120,500.00 be transferred within the Department of 29 Parks and Recreation's fiscal year 1987 operating budget in order 30 to fund the engineering designs, surveys, and permits and to fund 31 the interim settlement payments to the concessionaire. 32 This Ordinance shall be in effect from the date of its 33 adoption. 34 Adopted by the Council of the City of Virginia 35 Beach, Virginia on 23 day of February 1987. 36 37 NEW/lmt 38 02/18/87 39 CA-02165 40 \ordin\proposed\marina.pro - 40 - Item V-I. CONSENT AGENDA ITEM # 26901 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items 1, 2, 3, 5, 6, 7, 8, 9 and 10 of the CONSENT AGENDA. Item 4 was DEFERRED until the City Council Meeting of March 9, 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 Abstaining: *Vice Mayor Meyera E. Oberndorf ABSTAINED on Item V- I.9.f.(BINGO/RAFFLE PERMIT) - Virginia Beach Maritime Historical Museum as she has a family membership. Council Members Absent: None **Councilwoman Reba S. McClanan voted a VERBAL NAY on Item V-I.7. (Low Bid to Asphalt Roads and Materials, Company, Incorporated for Cleveland Street and Dorset Avenue Intesection Improvements (CIP 2-963). Item V-I.1 CONSENT AGENDA ITEM 26902 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council ADOPTED: RESOLUTIONS IN RECOGNITION Julia Drish CulLural Fxperiences Unlimited 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 41a - RESOIIUTION IN ITION The Mayor's Comittee On The Handicapped recognizes citizens for their exceptional acccmplishment in aiding the handicapped. JULIE DRISH, an eight year resident-citizen and a graduate of V@inian @sleyan College with her Bachelor degree in Sociology and Anthropology, applies her energy and talents toward helping her fellowman. She is a "go-getter" who needs little direction and has lots of follow-through. Her ability to sense the needs of others often before they themselves are aware is a talent she cultivates. Her manuscript was entitled "Dc>es Sugar Effect Behavior". Julie's tenure with Kentucky Fried Chicken began in November 1982 when she joined the Hilltop staff as Assistant Store Manager. In two short years she was named Store Manager and in July 1985 was prmioted to "Team Member Recruiter" and assigned to the District office. Her keen senses led her in February 1986 to appeal to the KFC Managemnt for their employment of handicapped persons. She facilitated a rneeting of area store managers in Tidewater. She identified a variety of jobs the handicapped could perfom. Thanks to her initiative, foresight and detemination, twelve handicapped persons have been employed by Kentucky Fried Chicken stores in this area. KFC has set a goal to eriploy at least one handicapped person in each store in Tidewater Virginia. KFC is exploring @ possibility of making this a natio@ wide prograffn and, by setting an exanple, encourage other c@nies to hire handicapped persons and make this a practice of good business sense. There are many citizens whose unselfish qualities are worthy of recognition. Yet, there are few who render such notable services, placing mre value on the ccmfort and well-being of others as does: J U L I E D R I S R NOW, U=FORE, BE IT RESOLVED: That the Virginia Beach City Council pauses in its legislative deliberation to pay tribute to this unselfish, tireless, dedicated public servant whose vision has expanded our horizons and whose efforts have brought hope, self esteem and value to those less fortunate who reside in our City. In behalf of the Virginia Beach City Council, Given under my hand and seal this Twent@Sixth day of January Nineteen Hundred and Eighty-Seven Mayor 41b - RESOUMON IN RECOGNITION The Mayor's Camittee On The Randicapped recognizes citizens for their exceptional acccnplishrent in aiding the Handicapped; CULTURAL EXPERIENCES UMIMITED is a non-prof it ccnmunity arts agency that designs and arranges performnces, programs and services. It serves as a regional clearinghouse for resources (infonnation and artists) and is the catalyst for many collaboratively produced arts events. CEU works toward the full integration of the arts into the fabric of the ccmunity by making programs available to the elderly, econcmically disadvantaged, disabled, children, institutionalized and other persons whose access to art has been limited. CEU works to make the arts accessible to all parts of our regional carmunity. Currently in its twelfth year of service to the comunity, CEU originated as a student internship project at Virginia @sleyan College. The A.R.T.S. (Arts Resources Tidewater Services) Project works closely with organizations to assess needs and develop arts programs; it screens and evaluates artists, provides worksliops, artists-in-residencies, visiting artists, exhibit coordination, technical assistance and training for those working with the special needs populations. The Kids on the Block puppet show is available for elementary school presentations and @ity settings. Kids on the Block uses disabled and non- disabled child-size puppets to educate elementary school-age children about disabilities. 'Ihis progr&n uses the arts to foster understanding and constructive attitudes toward those who have disabilities or who are culturally different. Events Program mainstreams special needs populations into existi g@CUittyural events. Vbrking with ticket managements, CEU arranges aclnissions to events using donated tickets and distributes tickets to special needs groups affiliated with the program. The @at@r Access Project represents a collaboration between CEU and producing organizations to make theatre and opera productions accessible to visually and hearing-impaired persons. CEU provides an interpreter who signs the performances and makes available progr&a notes in large print, braille and cassette tape fonn for the performances. This is the first series of its kind in this region. ArtForms is contained in three tent-dcms which house hands-on educational art exhibits and demonstrations/performances by professional artists. Participants explore concepts of tone, rhytlm and pattern through hands-on experience in music and visual arts, through workshops, perfoumnces and demonstrations. MMressions: A Tbuch of Art is a tactile art exhibit comissioned by CEu. Each work is as interesting to touch as it is to see. The show is acccapanied by braille and large print signage and by an audio visual presentation. ArtWorks was a major public art project celebrating Norfolk's Tricentennial. CEU worked with professional artists, Summer Youth Ehiploymnt participants, corporate sponsors and the City to design and execute four wall murals. 'Ihere are many agencies who assist Virginia Beach handicapped citizens, but none are more worthy of recognition than: CULTURAL EXPERIENCES UNLIMITED NOW, THEREFOPE, BE IT RESOLVED: That the Virginia Beach City Council pauses in its legislative deliberation to pay tribute to these unselfish, tireless, dedicated public servants whose visions have expanded our horizons and whose efforts have brought hope, self-esteem and value to those less fortunate who reside in our City. In behalf of the Virginia Beach City Council, Given under my hand and seal this Twent@Sixth Day of January Nineteen Hundred and Eighty-Seven Mayor - 42 - Item V-I.2 CONSENT AGENDA ITEM # 26903 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council ADOPTED: RESOLUTIONS OF APPRECIATION J. Douglas Blankenship (Housing Board of Appeals) Robert H. Callis (Virginia Beach School Board) William A. Cox, III (Francis Land House Board of Governors) Robert E. Gregory (Board of Electrical Appeals) William M. Gunter (Virginia Beach School Board) Frank W. McGraw, Jr. (Eastern Virginia Health System Agency) Ada Salsbury (Tidewater Regional Group Home) William A. Schlimgen (Community Services Board) C. V. West (Plumbing & Mechanical Appeals Board) Edward M. Wiliams (Housing Board of Appeals and Plumbing & Mechancial Appeals Board) 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 42a - CN IN REOOMITICN history of Anerica is one of a nation of people helping other people - joining together to build a better society - dedication and @tment; : Life is so unpredictablel No day comes backi Life is short at bestl That which makes life mst uorth living is the sure @ledge that we ourselves have fulfilled our purpose, met our cbligation to our fellow citizens and can be satisfied @ have done our best; J. DOUGLAS P served as a on the Virginia Beach FMSIM BOARD CF AP frctn July 1978 thru June 1986. His dedication, tment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the faniily; and, Advisors and Volunteers have saved the City untold dollars, but =e ixnpc)rtantly, our successful growth depends upon them. NOW, RE, BE IT RESOLVED: That the Virginia Beach City Cbuncil here assembled this Twenty@ird day of February' Nineteen H@ed ELghty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATIIUDE and RESPECT to: J. DOUGLAS BLANKENSHIP Given under my hand and seal, @r ION IN ICN Ilhe history of @ica is one of a nation of people helping other people -- joining together to build a better society -- dedication and @t; : Life is so unpredictablel No day ccines backi Life is short at bestl Ihat which rriakes life rmst @rth living is the sure knowledge that we ourselves have fulfilled our purpose, met our cbligation to our fellow citizens and can be satisfied we have dorie our best; ROBERT B. CALLIS served as a on the Virginia Beacb SCHOC)L BOARD from January 1978 thru December 1986. His dedication' @tnient and unselfish service have involved personal sacrifices and inconveniences, not only to lf but frequently to the family; and, Advisors and Volunteers have saved the City Lmtold dollars, but more iniportantly, our successful growth depends upon them. NOW - RE BE IT PMMVED: That the Virginia Beach City Cbuncil @e;e asserrb#led this 'Ihirtieth day of March, Nineteen Hundred Eighty-Seven on behalf of the citizens of Virginia Beach, expresses deeP GRATI@E and RESPBCT to-. ROBERT E. CALL I S Given under my hand and sea-11 Mayor RESO=ICN IN TION -Ihe history of knerica is one of a nation of people helping other people -- joining together to build a better society - dedication and @tnent; : Life is so unpredictablel No day ocines backl Life is short at bestl That which niakes life mst %orth livim is the sure knowledge that we ourselves have fulfilled our Lourpose, met our cbligation to our fellow citizens and can be satisfied @ have done our best; A. COX, III served as a on the virginia Beach Francis T@ House Board of Gcpvernors frcrn January 1985 thru Dec 1986. His dedication, tmnt and unselfish service have involved personal sacrifices and incoriveniences, not only to himself but frequently to the family; @, Advisors and Volunteers have saved the City untold dollars, but more iniportantly, our successful growth depends upon thern. NCW' RE, BE IT VED: That the Virguda Beach City Cbuncil here ass@led this @ty-Ihird day of February, Nineteen Hundred Eighty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RE-SPBCT to: WILLIAM A. COX, iii Given under my hand and seal, May- RESOLUTICN 3N RECOGNITICLI Ihe history of knerica is one of a nation of people helping other people -- joining together to build a better society dedication and @t; : Life is so unpredictablel No day ccmes backi Life is short at besti ghat which @es life rrdst worth livirig is the sure knowledge that we ourselves have fulfilled our rurpc)se, met our cbligation to our fellow citizens and can be satisfied we have done our best; ROBERT E. GRBGORY served as a on the Virginia Beach BQARD OF CAL APM" frcm January 1980 thru Dec@r 1986. His dedication @tment and unselfish service have involved personal sacrifices @ ir=nveniences, not only to himself but frequently to the f@ly; and, Advisors and Volunteers have saved the City untold dollars, bLTt wre @rtantly, our successful growth depends upon them. NM,' RE, BE IT VED: That the Virginia Beach C3.ty oo@l here ass@led this @ty-,Ihird day of February, Nineteen Hundred Eight@SL-Ven, on behalf of the citizens of Vi@ia Beach, expresses deep GRATITUDE and RESPBCT to: ROBERT E. GREGORY Given under my hand and seal, mayor ICN 19 RECOMITICN 'Ihe history of knerica is One of a nation of people helping other people - joining together to build a better society -- dedi-cation and ccmTL-L@t; : Life is so unpredictablel No day ccmes backl Life is shor-t at bestl Ihat which niakes life n-ost %orth living is the sure knowledge that @ ourselves have fulfilled our purpose, met our cbligation to our fellow citizens and can be satisfied @ have done our best; M. GUNTER served as a on the Virginia Beach "M fran January 1984 thru Dec@r 1986. His dedication, ccmTLi@t and unselfish service bave involved personal sacrifices and inconveniences, not only to If but frequently to the f@y; and, Advisors and Volunteers have saved the City untold dollars, but more @rtantly, our successful growth depends upon them. NOW'" RE" BE IT VED: That the Virginia Beach City Council here assmbled this @t@'Ihird day of February, Nineteen Hundred Eighty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and PESPBCT to: WILLIAM M. GUNTER Given under my hand and seal, MaLy- iou IN TICLL 'Ihe hi@ry of America is one of a natiori of pwple helping other people - joining together to build a better society dedication and ccmni@t; : IAfe is so unpredictablel No day ccmes backl Life is short at besti 'Ihat which makes life most @rth living is the sure 'knowledge that we ourselves have fulfilled our se, met our obligation to our fellow citizens and can be satisfied @ have done our best; : FRANK W. MOGRAW, JR. served as a @er on the Virginia Beach EASTERN VIM@ @TH SYSTEMS AGENCY frciTL February 1982 thru June 1986. His dedication, tment and unselfish service have involved personal sacrifices and incorrveniences, not only to himself but frequently to the family; and, Advisors and Volunteers have saved the City untold dollars, but more @rtantly, our successful growth depends upon them. m BE IT RESOLVED: That the V@inia Beach City (buncil here assembled this @ty-Ihird day of February' Nineteen Hundred Eighty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPWR to: FRANK W. MCGRAW, JR. Given under my hand and seal, mayor ICN IN TICN history of Auerica is one of a nation of pec)ple helping other people -- joining together to build a better society - deaication and ocmnitment; : Life is so unpredictablel No day comes backl Life is short at bestl 'Ihat which makes life most @rth living is the sure knowledge that @ ourselves have fulfilled our se, met our obligation to our fellow citizens and can be satisfied we have done our best; : ADA SAIS@ served as a on the Virginia Beach TIDEKATER RWICNAL HCME frcin Septerrber 1976 thru July 1986. Her dedication, @tnient and unselfish service have involved personal sacrifices and inconveniences, not only to herself but frequently to the fanily; @ ' Advisors and Volunteers have saved the City untold dollars, but more @rtantly, our successful growth depends upon them. NOW, RE, BE IT PMMVED: That the Virginia Beach City oz)uncil here assenbled this Twenty@ixd day of February, Nineteen Hundred Eighty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and PESPECT to: ADA SALSEURY Given under my hand and seal, malyor RESOLLITICt4 IN TICLI The history of Anerica is one of a nation of people helping other people -- joining together to build a better society - dedication and @t; : Life is so unpredictablel No day comes backl Life is @rt at bestl @t which makes life most @rth living is the sure knowledge that @ ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied @ have done our best; A. served as a @er on the Virginia Beach Ty SEWIcEs BOARD fr(xn Januaiy 1985 tbru Dec@r 1986. His dedication, tment and mselfish service have involved personal sacrifices and inoonveniences, not only to himself but freqliently to the f@ly; and ' Advisors and Volunteers have saved the City untold dollars, but niore importantly, our successful growth deperids upon them. NOW, RE, BE IT VED: That the Virginia Beach City (buncil here as@led this @ty@rd day of @ruary, Nineteen Hundrea Eight@Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITLJDE and RESPBCT to: WILLIAM A. SCHLIMGEN Given under my hand and seal, mayor RESOLLITION IN TION 'Ihe history of America is one of a nation of people helping other people -- joining together to build a better society dedication and ccmTLitnerit; : LLife is so unpredictablel No day ccmes backi Life is shor-t at bestl @t which makes life most @rth livirig is the sure knowledge that we ourselves have fulfilled our se, niet our obligation to our fellow citizens and can be satisfied @ have dorie our best; : C. V. WEST served as an Ex-Officio Plmbing Inspector on the Vixginia Beach & ICAL APPEALS BOARD frcfn July 1976 thru December 1986. His dedication, tnient and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the f-@ly; and, Advisors and Volunteers have saved the City mtold dollars, but iwre inmrtantl-y, our successful growth depends upon them. NOW, PE, BE IT RESOLVED: @t the Virginia Beach City Council here assembled this @nty@ird day of February, Nineteen Hundrea Eighty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: C. V. WEST Given under my band and seal, mayor ICN IN TICN ghe history of @ica is one Of a riation of people helping other people - joining together i:o build a better society - dedicati.on and @tTLent; : Life is so unpredictablel No day @s back! Life is short at besti Ihat which niakes life niost @rth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and cm be satisfied we have done our best; : EDMW m. served as a @er on the Virginia Beach FOUSIM BOARD CP APPEALS and M & ICAL AP BMM fran july 1975 @h Dec 1986. His dedication, cmimitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, Advisors and Volunteers have saved the City untold dollars, but more @rtantly, our successful growth depends upon thern- NaK, REI- BE IT RESOLVED: lihat the Virginia Beach City council here assembled this Twenty@rd day of February, Nineteen Hundred Eighty-Seven, on behalf of the citi@ of Virginia Beach, -presses deep GRATI@E and RESPECT to: EDWARD M. WILLIAMS Given under my hand and seal, Mayor - 43 - Item V-I -3. CONSENT AGENDA ITEM # 26904 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to authorize St. Nicholas Greek Orthodox Church to hold 9.296 acres of land in the City of Virginia Beach, Virginia. 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 43a - 1 AN ORDINANCE TO AUTHORIZE ST. 2 NICHOLAS GREEK ORTHODOX CHURCH TO 3 HOLD 9.296 ACRES OF LAND IN THE 4 CITY OF VIRGINIA BEACH, VIRGINIA 5 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That pursuant to the authority therefor contained in 10 the Code of Virginia, Section 57-12, the Trustees of St. Nicholas 11 Greek Orthodox Church, a church, are hereby authorized to take 12 and hold in the City of Virginia Beach, Virginia, 9.296 acres of 13 land at any one time if such acreage is to be devoted 14 exclusively, and is subsequently so devoted, to a church 15 building, chapel, cemetery, office, exclusively used for 16 administrative purposes of the church, a Sunday-School building 17 and playgrounds therefor, and parking lot for the convenience of 18 those attending any of the foregoing, and a church manse, 19 parsonage or rectory, such 9.296 acres, more or less, consisting 20 of 2.386 acres, more or less, being generally located at the 21 western side of First Colonial Road just south of Laskin Road, 22 and 6.91 acres, more or less, being generally located at the 23 eastern side of Little Neck Road in the City of Virginia Beach, 24 Virginia. 25 Adopted by the Council of the City of Virginia Beach, 26 on the 23 day i.)f February 1987. 27 CLL/lmt 28 02/02/87 29 CA-02119 30 \ordin\proposed\nicholas.pro I\Svo co"ITENT - 44 - Item V-I.4. CONSENT AGENDA ITEM # 26905 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council DEFERRED until the City Council Meeting of March 9, 1987: Ordinance to transfer $2,610,000 from various roadway projects to project #2-988 Computer Traffic Signal System Fxpansion to allow acceleration of work. 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 - 45 - Item V-I-5- CONSENT AGENDA ITEM # 26906 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council CONFIRMED: Appointment of Leslie L. Lilley as Assistant City Attorney, effective February 16, 1987, in accordance with Section 2-166 of the Code of the City of Virginia Beach 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 - 46 - Item V-I.6. CONSENT AGENDA ITEM # 26907 Upon motion by Vice Mayor Oberndorf, seconded by Councilrqan Fentress, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Indian River Road to Sterling W. Thacker and Bonnie J. Thacker, their heirs, assigns and successors in title. The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virignia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encrochment so as not to become unsightly or a hazard. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Ifeischober, 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 - 46a - Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF INDIAN RIVER ROAD TO STERLING W. THACKER AND BONNIE J. THACKER THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of virginia, 1950, as amended, Sterling W. Thacker and Bonnie J. Thacker, their heirs, assigns and successors in title are authorized to maintain a temporary encroachment into the right-of-way of Indian River Road. That the temporary encroachment herein authorized is for the purpose of allowing an existing wooden fence, brick entrance walls and farm identification sign to remain and that said encroachment shall be maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Indian River Road, on the certain plat entitled: "PLAT TO ACCOMPANY ENCROACHMENT PERMIT SHOWING IMPROVEMENTS ALONG INDIAN RIVER ROAD AS SHOWN ON "LAND MANAGEMENT DRAINAGE PLAN AND DEDICATION PLAT OF PROPERTY OF STERLING W. THACKER AND BONNIE J. THACKER" (D.B. 2554, P. 775) KEMPSVILLE BOROUGH-VIRGINIA BEACH, VIRGINIA," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Sterling W. THacker and Bonnie J. Thacker, 46b their heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Indian River Road and that Ste@ling W. Thacker and Bonnie J. Thacker, their heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Sterling W. Thacker and Bonnie J. Thacker, their heirs, assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Sterling W. Thacker and Bonnie J. Thacker executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of Fe))ruary 19 87 CLL/tap 12/22/86 CA-86-02088 (encroach\thacker.ord) 2 AF .9153@ m 00 m :0 rri p (h MATCH LINE 'A' m -0 rr rri 0) rn 0 m -n --D CD;o m ;E r,)(/) rn U2 U-i D:u a) -4 01 -4 m 0) (Yi OD z MATC ;70 H LINE A' o im P2 -4 C-) 4 rri -40.00'@ S 43* 18'54'W PLAT TO ACCOMPANY ENCROACHMENT PERMIT SHOWING IMPROVEMENTS ALONG INDIAN RIVER ROA'E) AS SHOWN ON "LAND MANAGEMENT DRAINAGE PLAN AND DEDICATION PLAT OF PROPERTY OF STERLING W THACKER AND BONNIE J. THACKER If KEMPSVILLE BOROUGH-VIRGINIA BEACH, VIRGINIA (D.B.2554,P 775) SCALE: 1"= 50' OCTOBER 22, 1986 ROUSE - SIRINE ASSOCIA-RES . L-7-0. - 47 - Item V-I.7- CONSENT AGENDA ITF14 # 26908 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED: Low Bid to Asphalt Roads and Materials, Company, Incorporated, in the amount of $394,380 for Cleveland Street and Dorset Avenue Intersection Improvements (CIP 2-963). 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, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan" Council Members Absent: None *Verbal Nay - 48 - Item V-I.8. CONSENT AGENDA ITFII # 26gog Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED: Low Bid to W. F. Oliver and Son, Incorporated, in the amount of $580,804 for Gracetown Area Street Improvements (CIP 2-946). 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 - 49 - Item V-I.9.a/b/c/d/e/g/h. CONSENT AGENDA ITEM # 26910 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED: BINGO/RAFFLE PERMITS: Hebrew Academy of Tidewater - Bingo Sandbridge Fire Brigade - Bingo Greater Hampton Roads March of Dimes - Raffle Green Run Little League - Raffle Indian Lakes PTA - Raffle John B. Dey PTA - Raffle Marching Cavaliers Parents Association - Bingo/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 - 50 - Item V-I.9-f- CONSENT AGENDA ITEM # 26911 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council APPROVED: BINGO/RAFFLE PERMITS: Virginia Beach Maritime Historical Museum - Raffle Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Meyera E. Oberndorf Council Members Absent: None "Vice Mayor Meyera E. Oberndorf ABSTAINED as she has a family membership in the Virginia Beach Maritime Historical Museum. - 51 - Item V-I.10- CONSENT AGENDA ITEM # 26912 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City Council ADOPTED: Ordinance Authorizing License Refunds upon application of Certain Persons in the amount of $15,073-88 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, liancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 51a FMM NO. C.A- A FIE@. 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 oartifiration of the Commissioner of the Revenue are hereby approved: NAME Ucense Date Base Penalty Int. Total Year Paid ryant-Belanga Plbg. Corp. 4501 Constitution Court a. Beach, VA 23462 1984/86 Audit 370.69 370.69 abinet Maker, Inc., The 217 Oakengate Turn . Beach, VA 23462 1986 090486 30.00 30.00 reewheelin Bike Co., Inc. 222 Virginia Beach Blvd. Beach, VA 23452 1986 Audit 469.26 469.26 regory, David P. /A Colonial A/C-Ht. Service, Inc. 061 Holland Road a. Beach, VA 23452 1986 Audit 31.66 31.66 Certified as to Payment: bert P. Vaughan Commissioner of the Revenue ig b(mson* Attorney This ordinance shall be effective from date of adoption. Theaboveabatement(s)totaling $901.61 were approved by the Council 23 February 87 of the City of Virginia Beach on the- day of 19 - Ruth Hodges Smith City Clerk CHER P40, DIRECTOR OF FINANCE FORM NO. CA B REV. &" AN ORDINANCE AUTHORIZING LICENSE REFUNDS UP6N APPLICATION OF CERTAIN PERSONS AND U@ON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE Crry OF VIRGINIA BEACH, VIRGINIA: That the following applicahons for licenre refunds. upon certification of the CommisSioner of the Revenue are hereby approved: NAME Uoense Date Base Penalty Int. Total Year Paid i & E Enterprises, Inc. 1409 Munson Court Va. Beach, VA 23462 1984/85 Audit 140.68 lAO.68 Papadropoulos, Dimitrio6 T/A Jimmy's Pizza 4600 Player Lane Va. Beach, VA 23462 1984/86 Audit 608.03 608.03 Stuffed.Menagerie, Ltd., The 434A Holland Plaza Shoppes Va. Beach, VA 23452 1984/85 Audit 54.R2 54.82 Certified as to Payment: go-bert P. vaughan el Commissioner of the Revenue This ordinance shall be effective from date of adoption. The above abatement(s) totaling -53 were approved by the Council of the City of Virginia Beach on the 23 day of February 19 81 Ruth Hodges Smith City Clerk --@-I..-.UA@PRUVEDFORPAYMENT. 51c NO. CA & FEV. 3M AN ORDINANCE AtiTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COM@ISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for lioense refunds, upon oortification of the Commissioner of the Revenue are hereby approved: Uoonse Date NAME Ye'ar Paid Base Penafty Int. Totw Tait, James E. T/A Speedy Gonzales 2228 N. Lakeside Dr. Va. Beach, VA 23454 1986 Audit 88.64 BR.64 Tidewater Testing Div. Double F. Ent. 5820 Chesapeake Blvd. Norfolk, VA 23513 1985/86 Audit 358.69 358.69 Winn-Dixie Raleigh, Inc. T/A Winn-Dixie P. 0. Box 25511 Raleigh, NC 27611 1986 Audit 12,921.41 12,921.41 Certified as to Paymeht: R5bert P. Vaughan Commissioner of the Revenue A A4t7 D Bmo ity Attomey This ordinance shall be effective from date of adoption. Theaboveabatement(s)totaling $13,36R-74 wereapprovedbythecouncil of the City of Virginia Beach on the@3 day February 87 of 19 Ruth Hodges Smith City Clerk - 52 - Item V-J.1 UNFINISHED BUSINESS TTEM # 26913 Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council DEFERRED INDEFINITELY: REQUEST FOR WAIVER for on-site perimeter curbing and right-of-way improvements, Mid-Atlantic Marine, on property owned by the Ocean Park Volunteer Fire and Rescue Unit, Inc., a Virginia Non-Profit Corporation. 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 - 53 - Item V-J.2 UNFINISHED BUSINESS ITEM # 26914 ADD-ON Councilman Heischober requested the Mayor and Vice Mayor advise City Council during the WORKSHOP of March 3, 1987, relative the status of the COMMITTEE concerning the expansion of the JUVENILE AND DOMESTIC RELATIONS COURT BUILDING. - 54 - Item V-K - 1 - NEW BUSINESS ITFNI # 26915 ADD-ON The Mayor recognized with gratitude the services of Ethelyn Register, Secretary to the City Attorney, who will retire on February 28, 1987. Ethelyn Register has served the City Attorney's Office with unselfish dedication for fifteen years. She will be missed as an integral part of this organization. 5 5 Item V-K.2 NEW BUSINESS ITEM # 26916 ADD-ON Reverend John Jordon, Gailile Episcopal Church, introduced Carl and Deborah Marshall. Reverend Jordon has a retarded son and serves on the Governor's Board of Mental Health and Mental Retardation. Two years ago, the Marshalls brought an intriguing idea to Reverend Jordon utilizing mentally handicapped individuals in competitive jobs for the first time. The Federal Government has given the Marshall's a $100,000 grant. Part of the uniqueness of this enterprise, SUGAR PLUM BAKERY, is that same encompasses a four-tier concept of giving: the Federal Government, the State, professional fund raising, and the City. Over $155,000 has been raised. This will incorporate training for mentally handicapped and other handicapped individuals so they may be hired by other bakeries or institutions utilizing baking. Carl Marshall advised the SUGAR PLUM BAKERY is the first of a kind full- service competitive bakery and training site for the handicapped. Approximately two years ago an application was made to the U.S. Department of Health and Human Services for a demonstration grant. Individuals and organizations throughout the Nation are seeking information relative this project. It has become a national demonstration project. The BAKERY will institute a corps group of eight who will be coming into the bakery at the onset working one-on-one with non-handicapped staff. Six additional handicapped persons shall be added in training each year thereafter. The Bakery will be financially self-sustaining in its operation. The SUGAR PLUM BAKERY is located at 1353 Laskin Road. There is no full service bakery located within this marketing area. The General Manager, Deborah Marshall, is a skilled trained professional. An experienced master bakery and pastry chef has been hired and a strong board of directors has been fomulated, experienced in many facets of the field. Estimations of $835,000 Annual Sales per year were devised by the tenth year. A net income of $52,000 is expected to be averaged over the next year and this net income will be applied to expanding opportunities for handicapped workers. $50,000 is requested to be funded by the City to enable the General Contrator to commence on the interior renovation so same may be completed within the next ninety days. BY CONSENSUS, CITY COUNCIL AUTHORIZED the City Manager to prepare an Ordinance for appropriation of a $50,000 Grant to the SUGAR PLUM BAKERY. Same will be SCHEDULED for the City Council Meeting of March 9, 1987. - 56 - Item V-K.3. NEW BUSINESS ITEM # 26917 ADD-ON Upon motion by Councilman Moss, seconded by Councilwoman McClanan, City Council ADOPTED: Resolution directing the Planning Commission to consider Amendments to the Comprehensive Zoning Ordinance provisions regarding Billboards. 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 "Verbal Aye :)Ua ,IL-8 7 A RESOLUTION DIRECTING THE PLANNING 1 COMMISSION TO CONSIDER AMENDMENTS 2 TO THE COMPREHENSIVE ZONING 3 ORDINANCE PROVISIONS REGARDING 4 BILLBOARDS. 5 6 7 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That the Plannincj Commission is hereby directed to 10 consider, during the week of March 23, 1987, or at such earlier 11 time as is lawful, amendments to the provisions of the 12 Comprehensive Zoning Ordinance concerning billboards in order to 13 effectuate the intent of the City Council in prohibiting the 14 construction of billboards within the City. 15 Adopted by the Council of the City of Virginia BeaCh, 16 Virginia, on th is :7i ,-,Z day of 1987. 17 WMM/Imt 18 02/20/87 19 02/23/87 20 CA-02167 21 /ordin/Proposed/CZ02.res - 57 - Item V-K.4. NEW BUSINESS ITEM # 26918 ADD-ON Councilman Baum requested the City Attorney in conjunction with the Commonwealth Attorney advise concerning the CONFLICT OF INTEREST ORDINANCE and the rules of the ETHICS/CONFLICT OF INTEREST COMMITTEE. Councilman Baum wished to be advised of the proper procedure of said COMMITTEE, as preliminary investigations should be done privately. Councilman Baum could conceive of the charges being made and the accusers and accused names being made public but Councilman Baum could not conceive of discussing same publically before the judgment and being subjected to trial by press. - 58 - Item V-K-5.a. NEW BUSINESS ITEM # 26919 ADD-ON Upon NOMINATION by Vice Mayor Meyera Oberndorf, City Council APPOINTED to the following VIRGINIA MUNICIPAL POLICY COMMITTEES: Community and Economic Devleopment Councilman Robert Fentress Education Policy Committeee Councilwoman Nancy Parker Effective Government Policy Committee Councilman John Moss Human Development Policy Committee Councilman John Perry Public Safety Policy Committee Councilwoman Barbara Henley Transportation Policy Committee Councilman Harold Heischober 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 - 59 - Item V-K.5.b NEW BUSINESS ITEM # 26920 ADD-ON Upon NOMINATION by Councilwoman Henley, City Council APPOINTED the following VIRGINIA M(JNICIPAL POLICY COMMITTEE: Environnental Government Policy Committee Vice Mayor Meyera E. Oberndorf 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 - 6o - Item V-K.6 NEW BUSINESS ITEM # 26921 ADD-ON The Mayor advised of a LUNCHEON honoring MISS AMERICA, Kellye Cash, at the Pavilion Tower on March 16, 1987. Item V-L. ADJOURNMENT ITEM 26922 Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED the Meeting at 1:18 A.M. Bever@ 0. Hooks Chief Deputy City Clerk ,Fkth Hodgef Smith, CMC City Clerk City of Virginia Beach Virginia