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CITY COUNCIL AGENDA
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SEPTEMBER 8,1992
1. INFORMAL SESSION - Council Chamber - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. COUNCIL COMMITTEE STRUCTURE
D. RECESS TO EXECUTIVE SESSION
ii. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION: Reverend Stanley Sawyer
All Saints Episcopal Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
I . INFORMAL & FORMAL SESSIONS - September 1, 1992
G. CITY MANAGER'S PRESENTATION
1. CAPITAL IMPROVEMENT PROGRAM
E. Dean Block, Director, Management and Budget
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the iorm listed. If an item is removed from
the Consent Agenda, R will be discussed and voted upon separately.
1 . Resolution requesting Virginia Department of Transportation establish an urban system
highway project re construction of an additional Southbound lane on Birdneck Road,
between 19th Street and Virginia Beach Boulevard, in conjunction with VDOT
Route 44/Birdneck Road Project (approximately 0.20 mile).
2. Ordinance to ACCEPT and APPROPRIATE an $11,613 Grant from the Virginia Library
Services and Construction Act, Title 1, Subregional Library for the Blind (LSCA) to the
FY 1992-1993 Library Department Operating Budget re temporary personnel and
additional technology.
3. LOW BIDS with advance notice to proceed:
PRECON CONSTRUCTION Resort Streetscape $893,014.00
COMPANY Improvements
Section 7, Phase I
(CIP 2-049)
SUBURBAN GRADING Resort Streetscape $765,720.00
Improvements
Section 6, Phase 1
(CIP 2-049)
4. Ordinances authorizing license refunds in the amount of $2,660.67.
5. Ordinance authorizing tax refunds in the amount of $1,291.80.
1. PUBUC HEARING
1. CHARTER AMENDMENT FOR DIRECT ELECTION OF SCHOOL BOARD
J. ORDINANCE
1. Ordinance requesting the General Assembly AMEND the Charter of the City of Virginia
Beach, Virginia re Direct Election of School Board.
K. PUBUC HEARING
1. PLANNING
a. Application of FIRSTHEALTH CARE CORPORATION (Medicenter - Virginia
Beach) for a Conditional Use Permit for a convalescent/nursina home at the
Northeast intersection of First Colonial Road and Camelot Drive (1148 First
Colonial Road), containing 2.65 acres (LYNNHAVEN BOROUGH).
Deferred: August 25, 1992
Recommendation: APPROVAL
b. Application of PEGGY and SAMUEL TAGGART fbr a Varianoe to Sections 4.4(b)
and 4.4(d) of the Subdivision Ordinance which require that all lots created by
subdivision meet all requirements of the City Zoning Ordinance and that all lots
have direct aocess to a public street, respectively, on the East side of Woodstock
Road, 375 feet South of Oak Terrace Drive (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
C. Application of EDNA D. GIBBS for a Conditional Use Permit for automobile sales
and repairs on the North side of Virginia Beach Boulevard, West of King Richard
Drive (3330 Virginia Beach Boulevard), containing 1.46 acres
(LYNNFiAVEN BOROUGH).
Recommendation: APPROVAL
d. Application of PRINCESS ANNE COUNTRY CLUB for a Conditional Use Permit
fc)r a recreational facilily of an outdoor nature (aolf ooursol at the Southeast
intersection of Shore Drive and First Court Road (4137 First Court Road),
containing 254.65 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
- CITY COUNCIL PUBUC HEARINGS
OCTOBER 8,1992 Capital Improvement Program 7:00 PM
(Princess Anne High School)
NOVEMBER 10, 1992 Formal Session 2:00 PM
(Capital Improvement Program)
If you are physically disabled, hearing or visually Impaired
and need assistance at this meeting,
please call DONNA JOHNSTON at 427-4283 VOICE OR TDD by MONDAY 9:00 AM
9/2/92mlm/cmd
AGENDA\9-8-92.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginla
September 8, 1992
May- Meye- E. Oberndorf called to order the INFORMAL SESSION of the VIRGINLI BEACH
CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 8, 1992, at 1:00
P.M.
Council Members Present.
@n A Baum, Linwood 0. Branci4 III, James W Brazier, Jr., Robert
W. Clybur?4 Robert K Dea@ Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and ;,ice Mayor
William D. Smoms, Jr.
Council Members Absent.-
None
- 2 -
COUNCIL COMMITTEE STRUCTURE
1:00 P.M.
ITEM # 36023
BY CONSENSUS, City Council chose Option 7hree under the basic alternative CommiUee structures.
CommiUees formed based on council identified priority areay. Under this
option the City Council would organize its committee structure around
those areas identified by City Council as top priorities:
Promotion of touiism and recreational opportunities
Secuting an adequate water supply
Enhancing economic vitedity
Enhancing fiscal stabdity of the City
Provighng quauty educatfon
BY CONSENSUS, the Council CommiUee Structure was for7nulated.-
Economic Development James W Brazier, Jr.
Robert W. Clyburn
Educadon Paul J. Lanteigne
Nancy K Parker
Financial Stabifity Robert K Dean
John D. Moss
Tourism and Recreadon Linwood 0. Branc,% Ill
Yzce Mayor William D. Sessoms, Jr.
Water Supply John A. Baum
Louis R Jones
Ex-Officio Mayor Meyera E Oberndorf
Mayor Oberndorf will be notified of all meetings.
Mayor Oberndorf reiterated the Committee purposes:
To monitor progress on City Council priority issues
To function as a forum and sounding board for the development of new
ideas and problem solving approaches.
To periodically inforin and update members of City Council on the
status of key issues
To allow City Council Members to focus their limited time on key areas of interest.
September 8, 1992
- 3 -
COUNCIL COMMI7TEE S7RUCTURE
ITEM # 36023 (Continued)
It is @rtant to note that the committees are not intended to add
additional steps in the resolution of issues or to create additional work
for staff and consume more of Council's limited time in additional
meetings. Nor is the purpose of the committee to interject the Council
Meinberslpolicy maker into the administrative and operational
responsibilities of the City Manager and key staff.
Existing Committees will not be replaced. 77iese Council CommiUees will be in addition to previously
established commiuees.
September 8, 1992
- 4 -
LEGISLATIVE DINNER
1:40 P.M.
ITEM # 36024
City Council referenced correspondence from the City Manager relative discussion points for the
Legislative Dinner Meedng on September 9, 1992, 7.-00 P.M., at 7he Pavilion:
Senate BUI 492: Patron Senator Gartia@ bottle bill. Discussion
as appropriate.
House Bill 420.- Patron Delegate Cranwell, mandates 25% of
hotel room tax to be used for tourist promotion.
Staffposition is that any mandating of a tax such
as this by the General Assembly is a bad
precedent. Furthermore, the City already spends
a considerable amount of money on tourism.
Although the 25% threshold, it is believed that
Delegate Cranwell was most interested in having
Roanoke and other areas spend a larger amount
of money on tourism promotion.
Senate Bill 274.- Patron Senator C A. Holland 7his would extend
pari-mutual betting to dog races. Discussion as
appropriate.
Senate Bill 251: Patron Senator C A. Hollan(4 gives City
Council power of eminent domain for economic
development purposes. Discussion as
appropriate.
House Joint
Resolution 83: Patron Delegate Croshaw, study use of Camp
Pendleton. Discussion as appropriate.
Mayor Oberndorf referenced legislation passed concerning the Sheriff evicting individuals and being
responsible for transporting their belongings and storing them for ninety (90) days. 77tis was passed
without mandating the accompanying financing.
Mayor Oberndorf referenced the study group by the General Assembly on the mandates and the @ct
on localities. 7his study was favorable toward the cities, who are carrying the disportionate share of the
financial burden of gavernment.
Councibnan Baum requested discussion relative the Roll-Back Tar.
Councibnan Lanteigne referenced a Senate Bill - Emergency Response Cost Recovery BU4 which is
carry-over legislation. 7his is a Bill related to DUI accidents. 7he municipality sends a bill to the
negligent driver who caused the accident. 7his was passed unanitnously in the Senate and carried over
in the House last year.
Council Lady Parker referenced Strategic Law Suits Against PubUc Participadon (S.LA.P.P.). 77ie City
Auorney has pritared research relative this topic.
Councibnan Dean advised recent legislation was passed by Congress for the various types of projects,
Clean the Bay and Internadonal Coastal Clean -Up. Any projects sanctioned by the Take Pride America
or Keep Ametica Beautiful which is an offshoot of the Department of the Interior, would then be covered
by any liability charges against any Volunteer who would happen to injure themselves and then try to sue
the organization. 7hey would, in fact, be trying to sue the government.
September 8, 1992
- 5 -
FORMAL SESSION
VIRGINLI BF,4CH CITY COUNCIL
September 8, 1992
2:00 PM.
Mayor Meyera E. Obemdorf called to order the FORMAL SESSION of the VIRGINL4 BF.4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, September 8, 1992, at 2:00 P.M.
Council Members Present-
John A. Baum, Linwood 0. Brancl4 III, James W. Brazier, Jr., Robert
W Clyburr4 Robert K Dean, Louis R. Jones, Paul J Lanteigne, John D.
Moss, Mayor Meyera E Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent.
None
INVOCATION Reverend Stanley Sawyer
All Saints Episcopal Church
PLEDGE OF ALLEGL4NCE TO THE FL4G OF THE UNITED STATES OF AMEJUCA
September 8, 1992
- 6 -
Item II-E.]
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 36025
Certification was not necessary as no EXECUTIVE SESSION was held.
September 8, 1992
7 -
ite,m II-EL.
MINUTES ITEAF # 36026
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Clybur?; City Council APPROVED THE
Minutes of the INFORMAL AND FORMAL SESSIONS of September 1, 1992.
Voting: 10-0
Council Members Voting Aye:
Linwood 0. Brancib III, James W. Brazier, Jr., Robert W. Clyburn,
Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
John A. Baum
Council Members Absent.-
None
Councibnan Baum ABSTAINED as he was not in attendance during the City Council Session of
September 1, 1992.
September 8, 1992
8
Item II-G.I.
ANNOUNCEMENT ITEM # 36027
Mayor Oberndgrf expressed appreciation to the Off-Shore Powerboat Race officials and for the
cooperation of Ocean Occasions, Gordon Symonds - the Arthritis Foundation, Robert Matthias and the
many sponsors of the Mini-Grand Prir, on Saturday, September 5, 1992. 7hese are most positive events
for the City.
Mayor Oberndorf placed second for best uniform, second place for best decorated car and eleventh
place out of fourteen in the race.
September 8, 1992
9
Item II-G.].
CITY MANAGER'S PRESENTATION
CAPITAL IMPROVEMENT PROGRAM ITEM # 36028
E. Dean Block, Director - Management andBudge4 advised a six-yearformat is beingpresented. Policy
Reports shall be presented relative: Stormwater UtHity and Capi4d Program and the Virginia Marine
Science Museum Opdons. Because of the slx-year format and the need to emphasize changes being
made, a New Appropr@on Authority has been devised 77iis is the proposed Capital Improvement
ProgramlessFinancing-To-Date. 77iishasbeenidentifiedseparatelytobeawareofthechangesfrom
year to year.
FY 92193 - FY 97198
CA,PITAL IMPROVEMENT PROGP,4m
Totals by Secdon, Including Financing-To-Date
SECTIONS TOTAL %
Schools $ 262.6M 40.3%
Roadways 194.6M 29.8%
Coastal 31.5M 4.8%
EconomicITourism
Development 63.9M 9.8%
Buildings 66.8M 10.3%
Parky &
Recreation 32.8M 5.0%
Total General
Improvement S 65z2M 1000/0
Water & Sewer $ 3464M
Total Program
NEW APPROPRL4TION AUTHORITY
C,4TEGORY FY 91192 CIP % FY 92193 CIP % OF
APPROVED OF PROPOSED TOTAL CIL4NGE %
(YEARS TOTAL (YEARS 92193 PROP. $ CHANGE
92193 97198) 97198) Ci.P.
Schools 185.6M 42.3% 1774M 51.9% ( 8.2M) - 4.4%
R-dways 201.8M 46.1% 98.5M 28.8% (103.3M) -51.2%
Coastal 13.lM 3.0% 16.3M 4.7% 3.2M 24.3%
Economic & 16.OM 3.7% 24.IM 71% 8.IM 50.3%
Tourism
Development
Buildings 11.8M 2.7% 17.IM 5.0% 5.3M 44.7%
Parks & Recreation 9.8M 2.2% 8.5M 2.5% ( 1. 3M) -12.8%
Total General 438.2M 100.0% 342.OM 100.0% ( 96.2M) -22.0%
Public Improvement
Water & Sewer 80.om 71.8M ----- ( 8.2M) -10.3%
TOTAL .8M
51&2M ----- J..413 --- @(lO4.4M) -20.2%
September 8, ]M
- 10 -
Item 11-G.I.
CITY MANAGER'S PRESENTATION
CAPITAL IMPROYEMENT PROGRAM
ITEM # 36028 (Continued)
CIP hIGHLIGHTS
6 Year School Construction Commit)nent
Roadway Program Curtailed
No Referenda Planned
Loss Of Road Bond Authority, Years I & 2
Policies 7 Guidelines Met - CIP Policy Section
FY 1993-94 Tax Increase = 5.7 cents
Total for CIP = 11 cents
28% Less 7han Last Year@ CIP Required
Burton Station Phase I
Initial Planning - Pavilion Expansion
Dredge Relocation Project
Underground Storage Tank Mandate
Policy Reports
PROPOSED CIP RE117EW SCHEDULE
City Council Workshop Council Chambers September 22, 1992
3:00 - 5-00 P.M. Tuesday
City Council Workshop Council Chambers October 6, 1992
10:00 A.M. - 12:00 NOON Tuesday
Public Hearing Princess Anne High School October 8, 1992
7.-00 P.M. 7hursday
City Council Workyhop Council Chambers October 13, 1992
10:00 A.M. - 12:00 NOON Tuesday
City Council Workshop Council Chambers October 27, 1992
Reconciliation 3:00 - 5:00 P.M. Tuesday
Public Hearing Council Chambers November 10, 1992
and First Reading 2:00 P.M. Tuesday
Second Reading Council Chambers Navember 24, 1992
6.-00 P.M. Tuesday
September 8, 1992
Item II-G.],
CITY @AGERIS PRESEA7ATION
CAPITAL IMPROVEMENT PROGRAM
ITEM # 36028 (Continued)
Information will be provided relative the @ct of the full cost of the schools opening in September 1996.
7his will entail the full @ct of all student growth and to the maxiinum extent possible, the b"ct of
the initiatives the School Board has incorporated at least in part into their Capital improvement Progran;
which includes reduction in class sizes, provision of art and music classes, et cetera. All of these add
additional teacher requirements and other expenses.
7he assumptions made relative to growth in the tax base underlying the 5.7 cents and 11 cents tax
increases with this CIP are: Zero for this year, 1% next year, 2% the year after that and 3% growth in
the tax base thereafter.
Financial b"ct relative cost of living and merit increases of City and School employees will also be
contained within the analysis prepared by Mr. Block
Mr. Block advised, under the Coastal category, the 24.3% change entailed anticipation that the Federal
Government will reimburse the City for certain sand replenishment costs previously incurred by the City
and the approximate amount of that reimbursement will be $3-MILLION. 7his is not anticipated to be
be received in this fiscal year. It is simply programmed for the following Fiscal Year 1993-1994.
Mr. Block advised the School Staff was requested to utilize a 3% inflation factor as they hadpreviously
been using 5% or 6%. A 3% @ion factor has been applied throughout this CIP document.
Mr. Block advised the CIP Schedule could be extended through the first City Council meeting in
December.
September 8, 1992
- 12 -
Item II-H.
CONSENT AGENDA
ITEM # 36029
Upon motion by Councibnan Clybur?4 seconded by Council Lady Parker, City Council APPROVED in
ONE MOTION Items 1, 2 3, 4 and 5 of the CONSEA7 AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III James W. Brazier, Jr., Robert
W Clyburr4 Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Nancy K Parker
Council Members Voting Nay:
None
Council Members Absent.-
Vice Mayor William D. Sessoms, Jr.
September 8, 1992
- 13 -
Ite4n 11-H.I.
CONSEArT AGENDA
ITEM # 36030
ITEM # 35979
Upon motion by Councibnan Clyburr4 seconded by Council Lady Parker, City Council ADOPTED:
Resolution requesting Virginia Department of Transportation establish
an urban system highway project re construction of an additional
Southbound lane on Birdneck Road, between 19th Street and Virginia
Beach Boulevar4 in conjunction with VDOT Route 44IBirdneck Road
Project (approximately 0.20 mile).
Voting: 10-0
Council Meinbers Voting Aye:
John A. Baum, Linwood 0. Branc,% III James W Brazier, Jr., Robert
W. Clybur?4 Robert K Dean, Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Nancy K Parker
Council Members Voting Nay:
None
Council Members Absent.
Vice Mayor William D. Sessoms, Jr.
September 8, 1992
PROJECT PROGRAMMING RESOLUTION
WHEREAS, in accordance with Virginia Department of Transportal,.'.,)n
construction allocation procedures, it is necessary that a request by council
resolution be made in order that the Department program an urban highway
project in the City of Virginia Beach; now
THEREFORE BE IT RESOLVED, that the Council of the City of Virginia Beach,
Virginia requests the Virginia Department of Transportation to iastablish an
urban system highway project for construction of an additional southbound lane
on Birdneck Roa:d from 19th Street to Virginia Beach Boulevard, a distance of
approximately 0.20 mile.
BE IT FURTHER RESOLVED, that the Council of the City of Virginia Beach
hereby agrees to pay its share of the total cost for preliminary engineering,
right of way and construction of this project in accordance with Section
33.1-44 of the Code of Virginia, and that, if the City of Virginia Beach
subsequently elects to cancel this project, the City of Virginia Beach hereby
agrees to reimburse the Virginia Department of Transportation for the total
amount of the costs expended by the Department through the date the Department
is notified of such cancellation.
Adopted this 8th date Of Septembeu 19-U
City of Virginia Beach, Virginia
ATTEST
BY APPRO@VEB A,@ TO
Clerk f Council Mayor/Manager LEGAL SUFF@C!ENCY
- 14 -
Item II-H.2
CONSEAT AGENDA
ITEM # 36031
Upon motion by Councibnan Clyburn, seconded by Council Lady Parker, City Council ADOPTED, AS
REVISED.
Ordinance to ACCEPT andAPPROPRLITE an $11,613 Grantfrom the
Virginia Library Services and Construction Act, Title I, Subregional
Library for the Blind (LSC4) to the FY 1992-1993 Ldbrary
Departinent Operating Budget re temporary personnel and additional
technoloV.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, James W Brazier, Jr., Robert
W Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Nancy K Parker
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
September 8, 1992
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE AN $11,613
2 GRANT FROM THE STATE TO THE FY 1992-93
3 OPERATING BUDGET OF THE LIBRARY DEPARTMENT
4 WHEREAS, the Library Services and Construction Act (LSCA) ,
5 Title I, provides the opportunity for state funding of certain
6 programs by means of special grants;
7 WHEREAS, the Library Department has applied for the ISCA Title
8 I Subregional Library for the Blind Grant which provides the means
9 to produce braille and large print local information and government
10 documents which help blind and visually handicapped citizens to
11 participate more knowledgeably in the community and take full
12 advantage of services provided;
13 WHEREAS, the Virginia State Library for the Visually and
14 Physically Handicapped has accepted the application and approved
15 grant funding for the Library Department program in the amount of
16 $11,613;
17 WHEREAS, for the term of the grant, the funds will be used to
18 provide salary for a part-time temporary Library Technician and to
19 purchase additional technology with no matching funds required of
20 the city;
21 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA, that a grant in the amount $11,613 from
23 the Subregional Library for the Blind Grant be accepted and
24 appropriated to the FY 1992-93 Operating Budget of Library
25 Department to provide temporary Librarian Technician and to acquire
26 additional technology;
27 BE IT FURTHER ORDAINED, that estimated revenue from the
28 Commonwealth be increased by $11,613.
29 This ordinance shall be effective on the date of its adoption.
30 Adopted by the Council of the City of Virginia Beach,
31 Virginia, on the Eighth of September , 1992.
32 APPROVED AS TO CONTENT:
33
34 Walter C. Kra m@er, Jr
35 Department of Management @ Budget
Item H-H.3.
CONSENT AGENDA
ITEM 36032
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Jones, City Council ADOPTED:
LOW BIDS with advance notice to proceed.,
PRECON CONSTRUC77ON Resort Streetscape $893,014.00
COMPANY Improvements
Section 7, Phase I
(CIP 2-049)
SUBURBAN GRADING Resort Streetscape $765,720.00
Improvements
Section 6, Phase I
(CIP 2-049)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, James W Brazier, Jr., Robert
W Clybur@ Robert K Dea?4 Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Nancy K Parker
Council Members Voting Nay:
None
Council Members Absent.-
Yzce Mayor William D. Sessoms, Jr.
September 8, 1992
- 16 -
Item II-H.4.
CONSENT AGENDA
ITEM # 36033
Upon motion by Councibnan Clyburn, seconded by Council Lady Parker, City Council ADOPTED.,
Ordinance authorizing Ldcense Refunds in the amount of $2,660.67 upon
application of certain persons and upon certification of the
Commissioner of the Revenue.
Voting: 10-0
Council Members Voting Aye:
Jbhn A. Baum, Linwood 0. Branc,% III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis P, Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Nancy K Parker
Council Members Voting Nay:
None
Council Members Absent.-
Yice Mayor William D. Sessoms, Jr.
September 8, 1992
FORM NO. C.& 8 FTEV@
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Daly, David W. 1990 Audit 18.00 18.00
T/A New Horizons Scholastic Finance
368 Reflections Drive
Virginia Beach, VA 23452
Reid, Buck J. 1990-92 Audit 30.00 30.00
T/A Reid Broadcast Service
940 Hanover Drive
Virginia Beach, VA 23464
Yaw, William R. 1989-91 Audit 48.00 48.00
T/A Environmental Controls
705 S. Military Highway #C
Virginia Beach, VA 23464
Certified as to Payment:
@@obert P. Vaughan
Commissioner of the Revenue
Approved as to form:
@sli'e L. Lilley-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 96. 00 were approved by the Council
of the City of Virginia Beach on the 8th day f September 19 92
Ruth Hodges Smith
City Clerk
M NO. C.k 8 FIEV.
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 retunds, upon certification of the Commissioner of the
evenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
aldwin, John F. 1990-91 Audit 28.94 28.94
/A Baldwin Frame Up
04 Freeman Avenue
hesapeake, VA 23324
artolucci, Robert B. 1990-92 Audit 23.89 23.89
/A All Brite Cleaning Service
209 Mendelssohn Court
irginia Beach, VA 23454
recock, April C. 1991 Audit 17.42 17.42
/A April's Wallcovering
203 Ampo Court
hesapeake, VA 23320
ise, William Patrick 1989-90 Audit 50.00 50.00
/A Tidewater Airguns
#1 Box 958 Certified as to Payment:
esapeake, VA 23323
,@obert P. Vaughan@
Commissioner oi the Revenue
Approved as to form:
L&7eZ. Lille-y
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 120. 25 were approved by the Council
of the City of Virginia Beach on the 8 day of September 92
19
Ruth Hodges Smith
City Clerk
FORM NO. C.@ 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Aguiar, Peter M. 1989-91 Audit 30.00 30.00
1925 Morgan Mill Way
Virginia Beach, VA 23454
Alar Clothing Inc. 1990-92 Audit 177.68 177.88
T/A Mirage
P. 0. Box 220728
Charlotte, NC 28222
Bobecks Inc. 1991 Audit 252.93 252.93
T/A Belvedere Too
1017 Totenham Drive
Virginia Beach, VA 23454
Certified as to Payment:
@obert P. Vaughan
Commissioner of the e@venue
Approved as to form:
@esli*'L. Lil@ey
City Attorney
This ordinance shall be eflective from date of
adoption.
The above abatement(s) totaling $ 460. 81 were approved by the Council
of the City of Virginia Beach on the8day of September 19 92
Ruth Hodges Smith
City Clerk
FOFIM NO. Ck 0 REV,
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the foliowing applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Borsch, Donald F. 1990-91 Audit 13.20 13.20
T/A Quality Lawn Care
5261 Balfor Drive
Virginia Beach, VA 23462
Patehi, Nasrollah MD 1989-91 Audit 1,633.97 1,633.97
Atlantic Neurosurgery PC
1020 Independence Blvd. #201
Virginia Beach, VA 23455
North Beach Hair Inc. 1992 Audit 254.65 254.65
3157 Virginia Beach Blvd.
Virginia Beach, VA 23452
Robert F. Harris Inc. 1989-91 Audit 81.79 81.79
106 Green Drive
Grafton, VA 23692
Certified as to Payment:
ert P. Vaughan @
Commissioner of the Revenue
Approved as to form:
e le L Lillei-
City Attorney@
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1,983. 61 were approved by the Council
of the City of Virginia Beach on the 8day of September '19 92
Ruth Hodges Smith
City Clerk
- 17 -
Item II-H.5.
CONSENT AGENDA
ITEM # 36034
Upon motion by Councilinan Clyburt; seconded by Council Lady Parker, City Council ADOPTED:
Ordinance authorizing Tax Refunds in the amount of $1,291-80 upon
application of certain persons and upon certification of the City
@easurer for Payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, James W. Brazier, Jr., Robert
W Clyburt; Robert K Dear4 Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Nancy K Parker
Council Members Voting Nay:
None
Council Members Absent.-
Vice Mayor William D. Sessoms, Jr.
September 8, 1992
8/ 2 1/ 92 EMC
RM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
B'F- IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Y ear of Tax Number tion No. Paid
The Villages (See attached listing) 133.73
Darden Properties Inc 92 RE(2/2) 27200-0 6/5/91 867.51
First Union Mortgage Corp 92 RE(1/2) 97706-2 11/26/91 10.99
First Union Mortgage Corp 92 RE(2/2) 97706-2 6/5/92 10.99
Craver Green & Co 92 RE(2/2) 116406-3 5/11/92 1.74
Craver Green & Co 92 RE(2/2) 116404-5 5/11/92 26.22
Lloyd A Whitehurst 92 RE(1/2) 123944-8 11/4/91 206.10
NationsBank of Virginia 91 RE(1/2) 65511-5 11/27/90 17.26
NationsBank of Virginia 91 RE(2/2) 65511-5 6/5/91 17.26
Total 1,291.80
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$ 1,291.80 were approved by
the Council of the City of V' 'n',a
'rg'
Beach on the-8-day of Septeber 1992
reasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
@slieL. Lilley-, Ci!o
- 18 -
item ii-Li.
PUBLIC HEARING ITEM # 36035
Mayor Oberndorf DECLARED a PUBLIC HFARING:
CIL4RTER AMENDMENT FOR DIRECT ELECTION OF SCHOOL BOARD
7he following registered to speak.
E George Minns, NAACP President, Post Office Box 4548, Phone: 463-3758, spoke in SUPPORT of the
Direct Election of the School Board, but disagreed with the proposal before City Council at this particular
time as the redistricting mauer is pending.
Maurice Jackson, spoke in SUPPORT of the Direct Election of the School Board; however, the School
Board should not be elected by the same apportionment as the City Council.
7here being no further speakers the Mayor CLOSED the PUBLIC HEARING.
September 8, 1992
- 19 -
item II-J.1
ORDINANCE ITEM # 36036
Upon motion by Councibnan Brazier, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance requesting the General Assembly AMEND the Charter of the
City of Virginia Beack Virginia re Direct Election of School Board.
Voting: 11-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branc,% 111, James W. Brazier, Jr., Robert
W Clybury; Robert K Dearh Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
September 8, 1992
I AN ORDINANCE REQUESTING THE GENERAL
2 ASSEMBLY TO AMEND THE CHARTER OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA, TO
4 PROVIDE FOR DIRECT ELECTION OF THE
5 SCHOOL BOARD
6 WHEREAS, at a referendum held at the general election on
7 November 5, 1991, pursuant to S 15.1-834 of the Code of Virginia,
8 a majority of the qualified voters voting in the referendum voted
9 in favor of changing the method of selecting School Board members
10 to direct election by the voters;
11 WHEREAS, based on the results of the referendum, the City
12 transmitted two (2) certified copies of the results of the
13 election, together with the proposed amendment to the City Charter,
14 to members of the City's local delegation to the General Assembly;
15 WHEREAS, although the City's proposed Charter amendment
16 was not passed, the 1992 Session of the General Assembly adopted a
17 bill providing for the direct election of school boards on a State-
18 wide basis;
19 WHEREAS, the provisions of the new legislation,
20 incorporated in the Code of Virginia in SS 22.1-57.1 through 22.1-
21 57.5, state, among other things, that the method of selecting
22 school board members may be changed to election by popular vote if
23 a referendum is held pursuant to a petition filed with the circuit
24 court by a designated percentage of the registered voters of a
25 county, city, or town;
26 WHEREAS, the Attorney General has opined that the voter
27 referendum held on November 5, 1991, satisfies the "referendum"
28 requirement of the new legislation;
29 WHEREAS, S 15.1-835 of the Code of Virginia provides that
30 a municipal corporation may conduct a public hearing in lieu of a
31 referendum prior to requesting the General Assembly to amend its
32 Charter;
33 WHEREAS, pursuant to the provisions of 5 15.1-835, the
34 City of Virginia Beach properly published an informative charter
35 amendment summary containing provisions parallel to the provisions
36 of the new legislation, and advertised a public hearing to be held
37 at the regular session of the Council on September 8, 1992; and
38 WHEREAS, the aforementioned public hearing has been held,
39 and the Council desires to proceed with requesting the General
40 Assembly to introduce a bill in its 1993 Session to amend the City
41 Charter to provide for direct election of the School Board.
42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
43 OF VIRGINIA BEACH, VIRGINIA:
44 That the General Assembly is hereby requested to
45 introduce a bill in its 1993 Session, incorporating the provisions
46 of the attached proposed Charter amendment, to amend the Charter of
47 the City of Virginia Beach to provide for direct election of the
48 School Board.
49 BE IT FURTHER ORDAINED:
50 That the City Clerk is hereby directed to transmit (1)
51 the publisher's affidavit showing that the informative charter
52 amendment summary and public hearing were duly advertised; (2)
53 certification that the public hearing was held on September 8,
54 1992; (3) the text of the proposed amendment to the City Charter;
55 and (4) a certified copy of this ordinance, to one or more members
56 of the City's local delegation to the General Assembly.
57 Adopted by the Council of the City of Virginia Beach,
58 virginia, on the 8 day of September 1992.
59 CA-4789
60 ORDIN\NONCODE\CHARTER.ORD
61 R-2
2
1 PROPOSED AMENDMENT TO THE CHARTER OF
2 THE CITY OF VIRGINIA BEACH,
3 VIRGINIA, BY AMENDING SECTIONS 16.02
4 AND 16.03, AND ADDING SECTIONS
5 16.04, 16.05, 16.06, 16.07, AND
6 16.08 TO AUTHORIZE THE DIRECT
7 ELECTION OF THE SCHOOL BOARD
8 16.02. Composition of school board.
9 The school board shall consist of eleven members, who shall be
10 appointed by the council of the City of Virginia Beach, Virginia.
11 One member shall be appointed from among the residents of each of
12 the seven boroughs whose terms shall be as follows: two members
13 shall be appointed for one year; two for two years; and three for
14 three years. The four additional members shall be appointed from
15 the city at large: two for a term starting July one, nineteen
16 hundred sixty-six, and ending December thirty-one, nineteen hundred
17 sixty-six, the other two starting July one, nineteen hundred sixty-
18 six, and ending December thirty-one, nineteen hundred sixty-seven.
19 After this initial period, all appointments shall be for a period
20 of three years-.; Provided, however, that (i) the andointments of
21 school board membi ng the Kemnsville and Pungo boroughs
22 and two at larae seats whose terms expire December 31. 1994, shall
23 not extend bevona J_une 30, 1994; (ii) the ointment of a school
24 boar the Bayside term exdires December
25 31, 1995, shall not extend beyond June 30. 1994 ii the
26 appointment of a school board member for the Lvnnhaven borough
27 whose term exnires December 31, 1993, shall be extended to expire
28 on June 30, 1994; (iv) the aoipointments of school board members
29 representina Blackwater borough and tw ts whose terms
30 begin Januarv i. 1994, s nd bevond June 30. 1996: and
31 (v) the appointments of school board members redresentina Princess
32 Anne and Virainia Beach borouahs whose terms beain January 1, 1993,
33 and er 31. 1995. shall be extended to exnire on June
34 30, 1996. Any vacancy i ent shall be filled bv the
35 council for the unexpired term of the adnointment.
36 BeC. 16.03. Gentinuanee in offiee of su
37 in
38 Election of the board.
39 A. At the general election held in May of 1994. the aualified
40 voters of the city shall elect one.(l) board member from each of
41 the vside. Kemnsville. Lvnnha, for terms
42 of four (4) vears at larae members for terms of four
43 (4) years. At the aeneral election held in Mav e
44 qualified voters of the city.shall elect one (11 bo om
45 each of the borouqhs of Blackwater., Princess Anne, and Virginia
46 Beach for terms ears. and two at larae members for
47 terms of four (4 reafter. all board members shall be
48 elected for terms of four (4) years. Begi , and everv
49 two Years thereafter. the aeneral election in mav for
50 the election--.of board members to replace those whose terms expire
51 at t election vea of office
52 for each elected oard member shall commence on the first day of
53 July next following the date of election and shall continue until
54 a successor has been dulv elected and e
55 shall state at the time of fili whether he is running at larae or
56 from the borough of his residence.
57 B. Each of the eleven ( oard members shall be
58 elected by the voters of the citv at large.
59 Bee. 16.04. Filling vacancies on school board.
60 When a vacancy occurs in the office of an elected school board
61 member. the vaca@shall be filled Pursu ia Code q
62 24.1-76. If the a school board member el cted from
63 a bo acancv shall be filled -by a. c[ualified voter
64 residing in the same borough.
65 ea. 16.05. oualifications of cand ection -to the
66 board.
67 In order to clualify as a candidate for election and to have
68 his or her name Placed 0 a candidate for the School
69 Board shall meet cations to -hold t)ublic .office in
70 accordance with general law and shall be nominat n
71 Pursuant to 68. Notwithstanding the
72 provisions of@eneral law, any candidate seeking to represent a
2
73 specific bor h must Physically reside in such ust
74 have been a resident of such borough for a least six (6) months
75 immediately.preceding the election.
76 ec. 16.06. Selection, resnonsibilities. and duties of the
77 chairman and vice-chairman.
78 The selection, responsibilities, and duties of the chairman
79 and Drovided bv general law,
80 See. 16.07. Charter Prevails in the event of-. conflict with
81 general statutes.
82 In the event ith statutes of general application,
83 the Provisions of this charter shall Prevail.
84 ec. 16.08. Severability of Provisions.
85 The iprovisions of this hereby declared to be
86 seve I section, Provision, sentence, clause, or
87 phrase be adiudged to be invalid, the remainder of the chapter
88 shall remain in full force and effect and its validity shall not be
89 impaired.
90 Adopted by the Council of the City of Virginia Beach,
91 virginia, on the 8 day of September 1992.
92 CA-4789
93 ORDIN\NONCODE\DIREL2.RES
94 R-3
APPROV---D AS TO
LEC,AL SUFFICIENCY
3
°°~o~ ~o§ ~
0 0
seven (7) Boropghs,, and four (4).,
m@@ to be elected'byand from
the city im L-ge-
At the rirst electioh of School
Board members to be held at the!
general election in May 1994@ 1
meinbm representing the !3ayside, I
Kempsville, Lynnhaven and Section 16.06 is added and pro-
Pungo Boroughs, and t*o (2) at vides that the selection..@re-
.large members shall be elected and @sponsibiiities @nd -(ruties of the
will wme tenns of four (4) ye= @chairman and vice-chairtnan shall
and ;Shall @ ofrice on the first be provided by gerieral law.
day of July 1994. At thc general HOUSE KEEPING
clection in May 1996, School PROVISIONS:
Board members representing the Sec@on 16. 07'is added and pro-
Blackwater,@ Princess 'Ah@e, hnd vides that in the evint the Charter
Virginia Beach Boroughsand two amendment conflicts with general
(2) at'largo members shall be statutes, the CharLer shall prevail.
elected and wiU servo tenns of four Section 16.08 is added and. pro-
(4) years and shall take office on vides that in the evoot that any
the fu'-st day of Jaly 1996@ , , part. section, provision, sentence,
Section 16.04 i& added and pro-
vid@ ftt vacancies,on the School clause or phras6., contained in
Board shall be filled pursuant to Chapter 16 of the. Charter is
Virginia @Code. SS24.1-76,and so adjudged invalid ' the reinainder of
long @ any,B@..mem@,-@e the Chapter shall rema*m in effect
elected from Boroughsi @,the and unim@. % I
vacancy shall be filled by. a The text of the proposed charter
qualified voter residing in the sarne arnendment is available in the of-
,Borough.@ fices of thb'Cii@ Clerk.
,Section 16.05 is.added.an d pr@ Ruth Hodges SSmith, CMC/AAE
City Clerk City of Virginiti
vides diat candidates shall meet the
qualirications for public office in Beach, Virgima
icco@ with general JAW and be @3S-6
tt,8; 24VBS'
noininitecr@l:only.@,,-b@ @;Octition
pursuant.to.,Virgi'nia,Code-,.SS24.1-,
168. @ Not
provisions ol
c date@see
andi
speciric Boroi
r6side 'm' sict
';have, be ii o
- e @
iioiough-foi,7,
The Virginia Beach Sun
138 South Rosemont Road, Suite 209
Virginia Beach, VA 23452 @
I Public Nofice@
affidavit NOTIMOF PUBLIC BE?91NO
AND WMRMATNE
SUMMARY OF CITY OF
VIRG@ BEACH
STATE OF VIRGINIA MENT PROPOSAL REGARIKG
CITY OF VIRGINIA BEACH nm DMECT ELECTION OF
to wit: THE SCHOOL BOARD
On Tuesday, the 8th day of
This day Donnie Lee September 1992, the Council of
'the City of Virginia Beach, Vir-
personally'appeared before me ginia, will hold a Public Hearing
and after being duly sworn made regarding ame@difig the Chaiter, 6f
the City of Virginia Beach, to@
oath: Provide for the direct eiection@ of'
(1) (He) (She) is affidavit clerk of the City's School Board.
a newspaper published by Byerly The Pu6lic Hearinz..@will@ be
conducted at @@OO@ pm. in' the
Publications,inthecityofVirginia Council Chamber on the @ecoiid
floor of the City Hall Building.
Beach, State of Virginia; Municipal Center, Virginia,Beach.
(2) That the advertisement Virginia. Interested perso- -Y
hereto annexed of ap@ear at such time and place, and,
Ruth prcsent their views',
Hodges Smith If the Charter, amendment is
has been published, in said approved by itity Council, the
Charter amendments shall@.be
newspaper on the following transmitted to one or more mem-
dates: 8-26-92 bers of the ()eneral Ass6mbly
represendng the City of Virginia
Beach for introduction as a bill in
the General Assembly.
The proposed amendment to the
Charter is summ@ as follows:
19 COMPOSITION. AND
ELECTIOW,.OF.,THE
BOAliD-'
Affiant Section 16.02 of th'e C@ is
Subscribed and sworn to before amended and provides that the tertn
of office of members appointed to
me in my city and state aforesaid the School Board shall not extend
this- 26th day of August bo@ond Jufie,,,30,' - 1906'.
Additionialy, ihe ierms, pf,P!em.-
19 92 bers appointed t6the, School B@
My commission expires are adjusted to acconimodate the
elecdon of six (6) School Board
June 30, 19 95 members, in May 1994, and the
remaini@i five (5) School Board
mcmbers in May 1996, as
/Notary Public provided @n Secdon 16.03.
Section ;16.03 is amended and
provides'@ @i' the elected School
BoardshaU-bdnsist of eleven (11)
members, one (1) member for each
Borou%th ' fb.,be el tid t;y the
Ivoidii.@6f"t@ City at large from
,,mong thp, -idents of each of the
- 20 -
Item II-K].
PUBLIC HFARING ITEM # 36037
Mayor Meyera E Oberndorf DECLARED a PUBLIC HFARING on:
PLANNING
(a) FIRSTHEALTH C4RE CORPORATION CONDITIONAL USE PERMIT
(Medicenter - Virginia Beach)
(b) PEGGY AND S,4MUEL TAGGART VARL4NCE
(c) EDNA D. GIBBS CONDITIONAL USE PERMIT
(d) PRINCESS AIVNE COUNTRY CLUB CONDITIONAL USE PERMIT
(Name of applicant changed to:
B,4YVILLE FARMASSOCLITES; L.P)
September 8, 1992
21 -
PUBLIC HEARING ITEM # 36038
PL,4NNING
Willie E. Alston, Jr., 1148 First Colonial Road, Phone: 481-3321, represented FirstHealth Care
Corporation.
Upon motion by Councibnan Brazier, seconded by Councilinan Sessotm, City Council ADOPTED the
Ordinance upon application of FIRSTHEALTH CAPE CORPOR,4TION (MEDICEATER - 1,7RGINL4
VIRGINL4 BF,4CH) for a Conditional Use Permit.-
ORDINANCE UPON APPLIC4TION OF FIRSTHF-4LTH CARE
CORPORATION (MEDICENTER - VIRGINL4 BEACH) FOR A
CONDITIONAL USE PERMIT FOR A CONVALESCENTINURSING
HOME R09221373
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI7Y OF VIRGINL4 BEACH, kyRGINLI
Ordinance upon application of Firsthealth Care Corporation (Medicenter
- Virginia Beach) for a Conditional Use Permit for a
convalescentlnursing home at the northeast intersection of First Colonial
Road and Camelot Drive. Said parcel is located at 1148 First Colonial
Road and contains 2.65 acres. LYNNHAVEN BOROUGH.
7his Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia BeacA Virginia, on the Eighth of September eteen
Hundred and Nin eiy -Two
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sesso?M, Jr.
Council Members Voting Nay:
None
Council Members Absent.
Linwood 0. Brancl; III
September 8, 1992
- 22 -
Itein II-KI.b.
PUBL-IC HFARING ITEM # 36039
PLANNING
Harold Warre.% Land Surveyor, 541 Sterling Road, Phone: 420-3547, represented the applicant
Upon motion by Councibnan Clybur?; seconded by Councibnan Baum, City Council APPROVED the
application of PEGGY AIVD SAMUEL TAGGART for a Variance to Sections 4.4(b) and 4.4(d) of the
Subdivision Ordinance which require that all lots created by subdivision meet all requirements of the City
Zoning Ordinance and th4t all lots have direct acccess to a public street.
Appeal from Decisions of Administrative Offlces in regard to certain
elements of the subdivision Ordinance, Subdivision for Peggy & Samuel
Taggart- Property is located on the east side of Woodstock Road, 375 feet
south of Oak Terrace Drive. KEMPSVILLE BOROUGH.
77te following conditions shall be required.-
1. Lots 12-A and 12-B shall share aces to Woodstock Road.
2. To protect @ting trees, the applicant shall work with the Planning Departinent
to identify a Building Envelope on the ftnal plat for proposed Lots 12 -A and
12 -B. All construction, including structures and the driveway, must take place
within the Building Envelope.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; 111, James W. Brazier, Jr., Robert
W. Clybur?4 Robert K Deat; Louis A Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Pl'ce Mayor
William D. Sessonts, Jr.
Council Members Voting Nay:
None
Council Members Absent.
None
September 8, 1M
- 23 -
Item 11-Kl.c,
PUBLIC HFARING ITEM # 36040
PL,4NNING
Alan Gibbs, 3330 Virginia Beach Boulevari4 Phone: 481-2070, represented the applicant
Upon motion by Councibnan Brazier, seconded by Yice Mayor Sessona, City Council ADOPTED an
Ordinance upon application of EDNA D. GIBBS for a Conditional Use Permit.-
ORDINA,vCE UPON APPLic4TION OF EDNA D GIBBS FOR A
CONDITIONAL USE PERMIT FOR AUTOMOBILE &4LES AND
REPAIRS R09221374
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, WRGINLI
Ordinance upon application of Edna D. Gibbs for a Conditional Use
Permit for autombile sales and repairs on the north side of Virginia
Beach Boulevart west of )Gng Richard Drive. Said parcel is located at
3330 Virginia Beach Boulevard and contains 1.46 acres. LYNNHAVEN
BOROUGH
7he following conditions shall be required.-
1. No outside storage of parts or tires shau be permitted
2 77te applicant shall work with the City Planning Departinent to explore the
possibility of shifting the location of the proposed building in order to preserve
the P-xisting mature trees located on the site.
3. 7he approved conditional use permit is only for the 20,000 square foot leased
area shown on the submitted site plan.
4. 7he appraved conditional use permit is only for the proposed auto repair
facility depicted on the submitted site plan. No auto sales is permitted
5. Signage and @scaping for the site must conform to existing standards
outlined in the City Zoning Ordinance,
77tis Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beaci4 Virginia, on the Eighth of September 1
Hundred and Ninety -Two
September 8, 1992
- 24 -
Item II-Kl.c.
PUBLIC HEAR17VG ITEM # 36040 (Continued)
PL.4NNING
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, James W Brazier, Jr., Robert
W. Clybur@ Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
September 8, ]M
- 25 -
Ite,m II-Kl,d.
PUBL-IC HFARING ITEM # 36041
PLANNING
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the applicant
Mary Heinrich4 5016 Mosey Road, Phone: 460-0750, represented Bayville Farm Associates
77te following spoke in OPPOSITION.
S. Newton Berliner, 2224 Bayville Road, Phone: 460-5931, represented the Baylake Pines Civic League.
Leuer of of S. Newton Berliner, dated August 27, 1992, is hereby made a part of the record.
Stan Palmer, 4617 Curtiss Drive, Phone, 464-3743, represented the 77ioroughgood Civic League
Upon motion by Councibnan Jones, seconded by Councibnan Baum, City Council ADOPTED an
Ordinance upon application of PRINCESS ANNE COUNTRY CLUB (Name of AppLfcant changed to
BAYVILLE FARM ASSOCL4TES, L.P):
ORDINANCE UPON APPLIC4TION OF PRINCESS ANNE COUNTRY
CLUB (Name of Applicant changed to BAYVILLE FARM ASSOCL4TE@
L.P) FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL
FACIL17Y OF AN OUTDOOR NATURE (GOLF COURSE) R09221375
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF FIRGINLI BEICH, VIRGINL4
Ordinance upon application of Princess Anne Country Club for a
Conditional Use Permit for a recreational facility of an outdoor nature
(golf courses) at the southeast intersection of Shore Drive and First Court
Road Said parcel is located at 4137 First Court Road and contains
254.64 acres. BAYSIDE BOROUGH.
77ie following conditions shall be required.-
1. A wetlands bench for the establishment of emergent wetlands vegetation shall
be provided along the perimeter of on-site lakes where appropriate. At the time
of detailed site plan review the applicant shall work with staff to identify areas
where appropriate benching will be established and determine design criteria.
2. Zhe applicant shall submit a comprehensive stormwaterllake management plan
at detailed site plan review to assist in the evaluation of the proposal 7he
following elements shall be included.
A description of the existing environmental and
hydrologic conditions of the site and receiving
waters including the direction, flow rate and
volwne of stormwater runoff under existing
conditions,, groundwater levels including
seasonal fluctuation; and a detailed description
of existing topography, vegetation and soils,
based upon on-site soil borings.
September 8, 1992
- 26 -
Item II-KI.d,
PUBLIC HEARLVG ITEM # 36041 (Continued)
PLAAWBVG
A descnptwn of the proposed alterations of the site
including changes in topography, areas where
vegetation will be cleared or otherwise killed, areas
to be covered by iinpervious material and a
description of the surfacing material
A description of other impacts of the golf course on
e,xisting conditions including changes in the quality of
receiving waters; changes in groundwater levels and
impacts on wetlands and other vegetation.
Information provided to the Virginia State Water
Control Board relating to groundwater @cts may
be submitted by the applicant at the time of detailed
site plan review in order to satisfy the required
groundwater information described above.
3. Fxisting on-site stormwater conveyance swales shall be integrated ay a design
component of the site's stormwaterllake management system in a manner which
reduces stormwater flows and increases the settling of suspended pollutants and
uptake of dissolved nutrients. If existing swales cannot be incorporated as a
design feature, such swales shall be provided for the conveyance of stormwater
prior to off-site discharge in a manner which meets these objectives. Adjustable
weirs shall be provided and utilized for controlling the discharge of water from
the lakes to receiving swales. Details regarding swale design must be submitted
at the time of detailed site plan review.
4. All champion trees, as identi)7ed by the City Arborist and the Virginia
Department of Forestry, must bepreserved to the greatest extentpracticable. An
inventory of champion trees shall be performed prior to the commencement of
any @ disturbing activities.
5. No trees shall be uprooted at and below the top of the bank along Pleasure
House Creek Trees which must be removed for flight lines shall be hand cut
and stumped. No heavy equipment may be used for the cutting or removal of
trees within the slope area.
6 Tree mitigation areas identifled on the submitted concept plan shall be planted
with native vegetation in a manner which will provide a forested canopy cover
upon maturity. 7he applicant shall provide planting details at the time of
detailed site plan review.
7. Impacts to native vegetation and steep slopes associated with hole #4 shall be
the minimal necessary to accommodate the tee area and flight lines. 7he area
cleared for tee boxes shall not exceed a total of 6,500 square feet. Additionally,
the cart path adjacent to shore Drive leading to hole #4 shall be located outside
of wooded areay to the greatest extent practicable.
September 8, 1992
- 27 -
11-KI.d
PUBLIC HFARING ITEM # 36041 (Continued)
PLANNING
& 77ie proposed ingresslegress easement shall follow the eiristing accessway
through the associated wooded area to the greatest extent practicable. 77te
applicant shall consult with the Yirginia Department of Forestry and the City
Arborist regarding alternative road design and construction for minimizing
@cts to trees.
9. Landscape corridors to be established on-site should incorporate significant
free stands utilizing native and diverse species with suitable understory
landscape material ay described in the Golf Course Development Guidelines of
the Comprehensive Plan. A plan describing any proposed Landscaped corridors
and a planting plan shall be submitted at the time of detailed site plan review.
10. Development of the maintenance facility and the club house area shall
substantially adhere to the submitted concept plan entitled, "Conceptual
Clubhouse site Plan of Bayville Farms for Princess Anne Country Club", dated
August 10, 1992, by Talbot Group, Ltd.
11. Access to the club house shall be as shown on the submitted site plan. Right and
left turn lanes shall be provided Permanent access to the maintenance facility
shall be determined with the Capital Improvement Project scheduled for the
intersection at Baylake Road and Shore Drive.
77tis Ordinance shall be effective in accordance with Sf!ction 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beac/4 Virginia, on the Eig-hth Qr Sel2tember, Nineteen
Hundred and Ninety-Two.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, James W. Brazier, Jr., Robert
W. Clyburr4 Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessolm, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
September 8, 1992
- 28 -
item ii-L.I.
UNF17VISHED BUSINESS ITEM # 36042
Mayor Obemdorf advised the Council CommiUee Structure was formulated during the INFORMAL
SES90N.-
Economic Development
James W Brazier, Jr.
Robert W Clyburn
Education
Paul J. Lanteigne
Nancy K Parker
Financid Stabifily
Robert K Dean
John D. Moss
Tourism and Recreation
Linwood 0. Brancib III
Vice Mayor William D. Sessolm, Jr.
Water Supply
John A. Baum
Louis R Jones
Ex-Officio
Mayor Meyera E. Oberndorf
September 8, 1992
- 29 -
Item II-L2.
UNFINISHED BUSIAESS ITEM # 36043
Mayor Oberndorf referenced correspondence received from Sandra Ford Brooks of Pocahontas Vdiage.
Mrs. Brooks advised being severely @cted by the close proximity of the toll road. Herproperty borders
the City@ easement adjacent to the Virginia Beach-Norfolk Expressway between westbound exits of
Independence Boulevard and Wztchduck Road A noise abatement measure is required as soon as
possible.
Councibnan Clyburn advised a letter is being pritared to the State to expedite the feasibility study.
Councibnan Moss referenced visual mitigation versus noise mitigation and previous discussions in 1988
when the General Assembly first devised a formula concerning noise mitigation.
Mayor Oberndorf advised assistance was rendered by Members of the General Assembly in installing
walls next to the I-44 Tog Booth adjacent to the Windsor Woods area.
Councibnan Moss believed the sound regulations apply to new construction and the amendments did not
apply to ret-fddng existing highways.
Mayor Oberndorf advised the expansion to I-44 is paid by toU revenues. Since these revenues are for
maintenance and @nsio@ perhaps funds can be found to provide this relief.
September 8, 1992
- 30 -
Item II-L.2.
UNFINISHED BUSINESS ITEM # 36a44
Councilinan Dean referenced receipt of a petition from Heritage Store concerning malathion (chemical
pesticide).
Councibnan Baum advised this would involve insect control.
As this involved the Beach Boroug,% Councibnan Branch advised he would investigate.
September 8, 1992
- 31 -
Item II-L.3.
UNFINISHED BUSINESS ITEM # 34045
Councibnan Lanteigne referenced receipt of correspondence from Saw Pen Point concerning the @a
)7nancial burden entailed in the Chesapeake Bay Preservation Act reguladons.
Councibnan Lanteigne requested the City Manager advise.
Councilman Baum requested a survey of all applications through the Chesapeake Bay Preservation Ad
relative the applicant@ satisfaction, denial or appraval, cost involve4 if projects were cancelled 7he
regulations prove both tzme delaying and costly for applicants.
Councilman Moss referenced the dredging of Thalia Creek in relation to the Chesapeake Bay
Preservation Act.
September 8, 1992
- 32 -
Item II-L.4.
UNFINISHED BUSINESS ITEM # 36046
Mayor Oberndorf referenced complitnents extended by the Director of Virginia Natural Gas on behalf of
City Services.
77te Director was most complitnentary regarding the City's capable professional staff and the cost
effectiveness of their accomplishments. Aey have been both prompt and profficient in their procedures.
September 8, 1992
- 33 -
Item II-N.1
ADJOURAMENT
ITEM # 36047
Mayor Obemdorf DECLARED the City Council Meeting ADJOURNED at 4.-26 P.M.
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
-- --- ---- - - --- ---
@th Hodges Smfl; CMCIAAE Meyera E. b,!,ndo@
City Clerk Mayor
City of Virg@ Beach
rirginia
September 8, 1992