AUGUST 9, 1994 MINUTES
it 3 f- @i i-&; i 1 -i ic- I 1
"WORLD'S LARGEST RESORT CITY"
(:i ry (IOUN(:[L
I "Ell li@.... I..,
1111:1 I IIRII@, 11 I,.,,
CITY COUNCIL AGENDA I:INII@
111@l 12 l@Ill I
AUGUST 9,1994
CITY MANAGER'S PRESENTATIONS - Council Chamber - 1 1:00 AM
A. MINI BONDS
Patricia A. Phillips, Director of Finance
B. AMERICAN MUSIC FESTIVAL PLANNING
James B. Ricketts, Director of Convention & Visitor Development
C. RESORT AREA PARKING PROGRAM MODIFICATIONS
Ralph A. Smith, Director of Public Works
Ii. INFORMAL SESSION - Council Chamber - 1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
Ill. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend John B. Morris
Nimmo United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CER71FICATION OF EXECUTIVE SESSION
F. MINUTES
I . INFORMAL & FORMAL SESSIOI\)S August 2, 1994
G. COMMMEE REPORT
1. HUMAN RIGHTS COMMISSION Semi-Annual Report
Ms. Helen Shropshire, Chairman
Mr. Frank Patterson, Vice-Chairman
H. PUBUC HEARING
1. THE SPORTS AUTHORITY OF HAMPTON ROADS, VIRGINIA
Articles of Incorporation Amendments
1. RESOLUTIONS/ORDINANCES
1. Resolution to AMEND Sections 1 and 5 of the Articles of Incorporation of The Sports
Authority of Hampton Roads, Virginia.
2. Resolution to REAFFIRM support for the continuing operation of Naval Air Station
Oceana. (Sponsored by Mayor Meyera E. Oberndo@
3. Ordinances re the FY 1994-1995 School Textbook Fund Budget with Federal and State
Grants; and, that estimated revenues to the Fund be increased accordingly:
a. APPROPRIATE $ 5,039,000 re School Textbooks.
b. APPROPRIATE $12,071,631 re School Trusts.
C. APPROPRIATE $15,383,850 re Food Services.
d. APPROPRIATE $ 675,750 re Athletic Fund.
4. Ordinances re Residential Parking Permits:
a. AMEND and REORDAIN Sections 21-440.3 and 21-440.4 of the Code of the City
of Virginia Beach, Virginia.
b. TRANSFER $56,000 to the FY 1994-95 Operating Budget of Parking Systems
Management from the Tourism Growth Investment Fund Reserve (TGIF) re
expanding the Program.
J. 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 form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
I . Ordinance to ACCEPT and APPROPRIATE a $6,000 Grant from the Commonwealth of
Virginia Department of Forestry to the Department of Planning re Urban Forestry
Program, and that estimated revenues from the Commonwealth be increased accordingly.
2. Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-of -way
of Pleasure House Road to Church Point Associates re maintenance of an existing sign
(BAYSIDE BOROUGH).
K. PUBUC HEARING
1. PLANNING
a. Application of TATE TERRACE REALTY INVESTORS, INC., for the
discontinuance, closure and abandonment of a portion of r at the
Northwest Intersection of Raynor Drive and Jurgen Court, containing 584 square
feet (KEMPSVILLE BOROUGH).
Deferred for 180 days: June 14, 1994
Recommendation: FINAL APPROVAL
b. Application of RODNEY L MILLS for a Variance to Section 4.4(b) of the
Subdivision Ordinance which requires all lots created meet all requirements of the
City Zoning Ordinance re property on the South side of 9th Street, West of Arctic
Avenue on Lots 12, 14 and 16, Block 16, Shadow Lawn Heights (VIRGINIA
BEACH BOROUGH).
Recommendation: APPROVAL
C. Applications of HERBERT A. CULPEPPER re property in the Agricultural District
at the Southeast corner of Munden Point Road and Pefley Lane, containing 30.33
acres(PUNGO BOROUGH):
(1) Variance to Section 4.4.(b) of the Subdivision Ordinance which requires
that all lots created meet all requirements of the City Zoning Ordinance.
(2) Conditional Use Permit for six (6) single family dwellinqs.
Plecommendation: APPROVAL
d. Application of C. REX SCOTT for a Conditional Use P for r in the
1-1 Light Industrial District at the Southwest Intersection of Rouse Drive and Price
Street (200 Price Street), containing 3.012 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
e. Application of OUICK 10 CORPORA11ON for a Conditional Use Permit for an
automobile service station and car wash at the Southeast corner of Princess Anne
Road and Baxter Road, containing 28,544 square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
f. Application of LYNN, LTD., for a Change of Zoning from R-
10 Residential District to B-4 Resort Commercial District South of Shore Drive
beginning at a point 350 feet more or less East of Vista Drive (3249 Shore Drive),
containing 2.85 acres (LYNNHAVEN BOROUGH).
Deferred: July 12, 1994
Recommendation: APPROVAL
9. Application of McGINNIS REALTY & DEVELOPMENT COMPANY for a Chanae
of Zoninci District Classification from R-20 Residential District to -1 R 'i nti
District (Amended from R-7.5) for single-family residential land use on lots no less
than 7,500 square feet on the East side of General Booth Boulevard, 292.18 feet
South of Red Mill Boulevard on parcel containing 1 1.1 acres (PRINCESS ANNE
BOROUGH).
Deferred: July 12, 1994
Recommendation: APPROVAL
Application of MCDONALD NURSERIES OF VIRGINIA BFACH ior a
h. from -@ Ftesidential District to a-I
347.50 feet East of independence
orless North of Wishart Road (1 144
1.2 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
L. AppoiNTMENTS
ARTS AND HUMANITIES CoMmISSION
PLANNING ComMISSION
PUBLIC LIBRARY BOARD
TFIANSPORTATION SAFETY CoMmISSION
VIRGINIA BOARD CRIME TASK FORCE
VML - HUMAN DEVELOPMENT COMMITTEE
VML - PUBLIC SAFETY COMMITTEE
WETLANDS BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1 COUNCIL-SPONSORED ITEM,
a. Ordinance to EUMINATE auto allowance for Constitutional officers.
(Sponsored by Councilman John D. MOss)
0. ADJOURNMENT
SEPTEMBER 6,1994 COUNCIL MEETING
RESCHEDULED TO
SEPTEMBER 20,1994
if you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
8/4/94bap
AGENDA\8-09-94.PLN
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
0 s
B T
E S R
DATE: August 2, 1994 H RP E A
PAGE: 1 E J NA S Y
B A D I N 0 M D R S H
) E S L N 0 0 K 0 0
AGENDA I A 0 E E S RE M R
ITEM SUBJECT MOTION VOTEI N N Y S S FR S N
IAIIE CERTIFir-ATION OF EXECUTIVE CERTIFIED 11-0y y y y y y y yy y y
SESSION I -1 I
FMINUTES APPROVED 9-0y y y y y A A Yy y y
B B
IInformal/Fwmal Sessions s s
T T
July 12,1994 A A
I I
N N
E E
D D
MINUTES APPROVED 10 0y y y y y A y yy y y
5
2Special Session s
T
July 15, 1994 A
I
N
E
I D I
G/I PUBLIC HEARING:
FY 1994-1995 SCHOOL OPERATING
BUDGETINCREASES
FVI PRESENTATION: Pamela M Ungle
Dir, PIO
FtESULTS - CITIZEN SATISFACTION
SURVEY
1/1 Resolution to appoint Kenneth M. Goiski ADOPTEO 11 0y y y y y y y yy y
as Assistant City Attorney I I I1
2Ordinance to DECLARE EXCESS ADOPTED 11-0y y y y y y y yy y y
PROPERTY adjacent to 5517 Whirlaway
Rd (Carolanne Farms) in petition of
JohrVGeraldine Cornott/AUTHORIZE
dispose ot same (KEMPS\(ILLE BOR)
3Ordinance to AUTHORIZE aoquisftion f ADOPTED 11-0y y y y y y y yy y y
property in fee simple for r-o-w re traffic
safety improvements at First Colonial/
Laskin Rds (Hilftop Loop)/
acqu@n easements by agreement o,
mndemnation (LYNNHAVEN BOROUGH)
4Ordinanm to GRANT 5-year lease of ADOPTED 10-1y y y y y y N yy y y
City-owned property to Romid Wl and Cormd
Judkh N. Boone re tamity-"e restaurant Borough from
(3656 Shore Drive)/parking/ALrrHORIZE Lynnhaven to
lease agreement vath Grantees Bayside
(RAYSIDE BOROUGH@
5Special Saiety Improvement Program
VDOT-City
aOrdinance to ACCEPT/APPROPRIATE a ADOPTED 11-0y y y y y y y yy y y
$600,000 Grant to Traffic Safety
lmprovementrv7RANSFER $60,000 City
Match
bResolution re eliminating safety hazards ADOPTED 11 0y y y y y y y yy y y
on Shore Drive trom West Gate of Fot
Story to Atlantic Ave (approximately
2.5 miles)
cRewlution re Euclid Rd crmsing of the ADOPTED 11-0y y y y y y y yy y y
ern Railroad I I
6Ordinance to AOCEPT/APPROPRIATE ADOPTED 11-0y y y y y
$64,609 from VA Dept of Housingv
Communfty Development re housing
rehabilftation
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
0 s
H B T
A E S R
DATE: August 2, i994 6 R H R P E A
PAGE: 2 R R E J N A S Y
B A D I N 0 M D R S H
A N E S L N 0 0 K 0 0
AGENDA u c A 0 E E S R E m R
ITEM SUBJECT MOTION VOTE M H N N y S S F R S N
7Ordinanoo to ACCEPT/APPROPRIATE ADOPTED 11 0 y y y y y y y y y y y
$25,000 Grant from VA Chesapeake Bay
Local Assistarice Depf/-rRANSFER
$17.120 as Grant Match trom the General
Fund Ressive re CDntinuaWn of a full-
time tamp En,4ronmental plannw I postn
8Ordinanoo to APPROPRIATE $19,500 in ADOPTED 11-0 y y y y y y y y y y
Parks/Rec Special Reventke Fund to @bject to City
establish 'After-School' program at Mgr/School
LYNNHAVEN MIDDLE SCHOOL for Supt's plan to
1994-1995 expand
progranv
schedule ior
expansion
9Ordinances to TRANSFEFVreimburse
Water and Smer Fund re costs oi
waterlsewer toes assmiated with
Tide"ter Builders Assoc (TBA)
charitable gift constructions
aHomearama Chartty House $2,258 ADOPTED 11 0 y y y y y y y y y y y
bScholarship House $2.060 ADOPTED 11-0 y y y y y y y y y y y
10 License refunds: $11,127.46 APPROVED 11-0 y y y y y y y y y y y
ADD APPC)INTMENTS: CHESAPEAKE BAY
ON ASAP POLICY BOARD
Robert K. Dean REAFFIRMED 11-0 y y y y y y y y y y y
APPOINTMENT/
No torm
DEVELOPMENT ALFRHORITY
Kenneth D Barefoot REAPPOINTED 11 0 y y y y y y y y y y y
Thomas J Lyons Jr 4 yr terms
9/1/94-8/31/98
PARKS & RECREATION COMMISSION
G Garland Payne At Large REAPPOINTED 11-0 y y y y y y y y y y y
Henry 0 Pezelia At Large 3 yr terms
James H Sellers Lynnhaven 9/1/94-8/31/97
Mark N Snyder At Large
Paul A West At Large
SCHOOL SITE SELECTION
COMMITTEE
Louim M Strayhorn APPOINTED 11-0 y y y y y y y y y y y
No term
TIDEWATER TRANSPORTATION
E)I$TRICT COMMTSSION (TTDC)
Louisa M Strayhorn APPOINTED 11 -0 y y y y y y y y y y y
I No torm I I I
BOARD OF ZONING APPEALS (BZAI CONFIRMED/
RECORE)ED
J William Garrington COURT ORDER B Y C 0 N s E N S U s
Richard K Stell APPOINTING
ALTERNATES
5 yr terms
9/1/94-8/31/99
J/K/l/ COUNCIL-SPONSORED ITEM:
aOrdinanoo to AMEND Sec 6-122 of the ADOPTED 11-0 y y y y y y y y y y y
Code re beach"ftats/watemays
(Spommed by Council Member
Robert K Dean)
LADJOURNMENT: 3:26 PM
RESCHEDULE INFORMAL AND FORMAL SESSIONS
FROM TUESDAY, SEPTEMBER 6,1994 TO TUESDAY, SEPTEMBER 20,1994
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 9, 1994
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S PRESENTATIONS to the
P7RGINL4 BF,4CH CITY COUNCIL ii, the Council Chamber, City liall Buildirig, on Tuesday, August
9, 1994, at 11:00 A.M.
Council Members Present:
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Park@@r and Louisa M. 51rayhorti
Council Members Absent.-
Vice Mayor William D. Scsvoms [il,N7@FRFI).- 11:20 A.M.]
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank disclosed there were no matters
on the agenda in which he has a '@ersonal iriterest" as defined iri the Act, either individually or in his
capacity as an officer of Central Fidelity Bank. The rice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council. Vice
Mayor Sessoms' letter of August 9, 1994. is hereby made a part of the record
- 2 -
CITY MANAGER'S PRESENTATION
AMERICAN MUSIC FE@STII,'AL PLANNING
]]:00 A.M.
ITEM # 38277
Mayor Oberndorf referenced her corresp()ndence of April 5, 1994, and discussion of the summer season
commencing with a variety of events planned for Memorial I)av weekend including:
Second Annual North Anierican Fireworks- Competition from two
barges off the r(,,sort oceanfront. @ix companie.1/2 competed for over three
nights for prizes alid the first place title.
77iird Annual Firginia Beach Boardwalk Witie Festival at Second
Street, featuriilg 20 @irginian wineries.
Second Annual Chalk-the-Boardwalk-with-Art, where children on
Saturday and adults oii 5unday draw boardwalk creations for prizev.
Second Annual Meniorial Weekend Beach l@olleyball Tournament in the
sand for 4-ori -4 a(ii()Ii.
Live entertaint?ient al various stasze l(icati())Is.
On June 3-5, Pi-rginia Beach was the site of a special weekend honoring the 50th Anniversary of the D-
Day Normandy Invasion. On Juiie 10-11, the City hosted 1/7e I,-irginia State Games including the
opening ceremonies at 24th Street Park. Ori July 4th, the rcsort area hosted the All American Celebration
with music on the 24th .5trect Park stage and evenirig fireworky.
James Ricketts, Director - Corivention and Visitor Development, advised in late February 1994, the idea
for a major music event was turned over to rzrgii7ia Beach Events Unlimited and the Ocean Occasions
Steering Committee for implementatiort. This group then devel()ped it into a marketable product called
"American Music Festival ". Its purpose was to provide a famil-v type venue, which combined with strong
support by the hotel-motel industry in the development of the weekend "package" would attract the visitor
to the City for the Iabor Day Weekend holiday.
The broad program entails three nwjor national acts ori the Fifth Street Stage: Beach Boys, Billy Ray
Cyrus, the Temptations and 7be 4 Tops. An article in lort-Folio indicated ABC is investigating
videotaping the Billy Ray Cyl)rus c-oncert similar to the "itney Ilouston @@how f()r future replay on
television.
Chris Casey, Marketing and Dcvelopment - @irginia Beach Events Urilimited, Inc., with the assistance
of Mitt Collins, Operations Manager, advised in order to bring a family here for a music festival it must
be broad based and the right price. VIIEU diligently worked with the IlotellMotel Association. Fifty-one
(51) hotels have agrced to promote a package concept to familics with prices as I()w as $125 per person,
one could stay for three nights and r(!ceive tickets to the music fe@vtival As t(@cal residents are the City's
best ambassadors, VBEU wivh(,d thiv conc-ept to be affordable to the citizeris. l@ickets were made available
locally for $20.00.
7he biggest challenge was ntarketing. A three part strategy was devel()ped Mr. Casey displayed a poster
e,xhibited to visitors prior to Labor Day, a post card and brochures displayed at all hotels. Funds were
e.xpended out of the market place. The first plan with the outi!r tnarketing plarining was to commence
appraximately six weeks out. VBEU focuscd on six marketv, wliich werc to be the "drive" nwrkets. As
after Labor Day, the school year began, it did not make serise to try markets in Pennsylvania and
Cleveland 7he childrcn would have tc) go back to school the following day. Print and radio leverage has
been accomplished in thcsc six markt!ts. Hotel packages and tickets were given to radio stations to utilize
in their promotions in effect tur@iing one dollar of radio spendirig irito f(yur to five dollars in value back
to the City. VBEU was able to leverage a value of $400,000 iii niarketing.
August 9, 1994
- 3 -
CITY MANAGER'S PRESENTATION
AMERICAN MUSIC FESTIVAL PLANNING
ITEM # 38277 (Continued)
YBEU is half way through the outermarketing plan and one-third way through the local marketingplan.
1,000 hotel packages have been sold, which equates to 2,000 ticketn. 1,100 ticketn have been sold at
retail. As this is an outdoor concert, 75% of the tickets are most likely to be sold ten days prior to the
event. 50% of the tickets are likely to be sold two to three days prior. VBEU is anticipating a minimum
of 10,000 tickets sold. Yhe facility can accommodate 20,000 individualn. 7-he budget is a primary concern
and 12,000 to 13,000 tickets need to be sold, in order to break even. Ilowever, there is a 'fall back plan"
if these numbers are not attained 7he Steering Company is meeting next Monday to review ticket sales
with the participating agencies ie. Cellar Door, Brickell and Associates, Barkley, Campbell and Farley.
77ie festival can be scaled back. Last year approximately $258,000 was expended in City appropriated
dollars. 7his year, VBEU is on track to spend $233,000. Last year's event delivered 50 hotel room
packages. 7his year 1,000 hotel packages have been sold. VREU is in the process of purchasing weather
insurance, which will protect against losses from concessions and having to redeem tickets. 7he cost is
appro.ximately $30,000. Mr. Casey displayed the American Music Festival Operational Layout.
Chief Wall advised the primary effort for the Holiday Weekciid is on safety for all visitors and residents.
Trafi7c and crowd control are two of the main concertis. Sr)metime in the afternoon, Atlantic Avenue will
be closed down to normal traf]7c on Friday afternooii. There will be barricades at strategic locations.
Recruits will be utilized for relief at some traf)7c points, while full time officers will be able to perform
other jobs. Fxplorer Scouts will be utilized over thiv weekend. Assistance will also be available from the
Sheriff's Departtnent by providing security inside the maj(@r evciit, around the beer tent and hotels in the
area. 77te police will be providing security on some of the perimeters. 5tate Police will also be able to
assist with traffic. Approximatc-ly 25 Police Chaplains will alyo be available duririg the Holiday.
Mr. Ricketts advised the total budget for the weekend is $643,000, which consists of over $300,000 for
the National acts. With the revenue projccted for concessions, sponsorships, and ticket NaleN, the total
revenue is $410,000, leaving art expcnditure of City fuitds of $233,000.
August 9, 1994
- 4 -
CITY MANAGER'S PRESENTATION
RESORT AREA PARKING
11:40 A.M.
ITEM # 38278
Ralph &nit& Director of Public Works, advised in June 1992, in response to concerns e-xpressed by the
residents of the resort area relative nighuime parking issues in their neighborhoods, City Council
approved a Residential Parking Permit Program. Yhe program restricted parking in the residential areas
from 11:00 P.M. to 6:00 A.M., when 51 % of the residcnts on a given block reach a conscnsus that they
wish to iinplement this program on this block. 7he parking is controlled by the issuance of permits that
are purchased by the residents and others who are authorized undcr the ordinance to utilize the area
during the restricted hours. To date the response has been 22 blocks, that have joined the program
comprising approximately 750 parking spaces, which are restricted Due to the expansion and promotion
of oceanfront events and related activities, and the vivit(@rs that are attracted to the resort area, the City
staff has recognized a need to expand the scope of the current Residential Parking Permit Program. A
24-hour permit program has beett proposed 7he City @51aff (@stablivhed three priorities:
(1) Access for emergency vehicles.
(2) Safe and efficient traffic nioventetit through the area.
(3) A balance between the needs of the residents, tourist industly
and daytif?ze beach users.
There is a slight increase of 45 spaces of additional "No Park-ing "areas.
Arctic Avenue: At locations where streets are
narrow and did not ittt(,rfere
with residcnis oti Arctic Aveliue,
"No Parking" restrictioris have
been applied.
Baltic Avenue: A t locations of lane
misalignments and visibility
problems approaching
intersections, "N(, Iarking" has
beett applied.
NorfoLk Avenue: At locations which have
authority to park off thc
pavement, the City has gone t(,
all "No I'arking", because (,f
extcnsive damage occurrilig I(?
the soft vhoulders.
7he City has proposed the addition of 70 parking nieters resulting in a total of 885. 7he parking meters
are in areas on Holly Road, Twenty-fifth Street and the block between Pacific and Arctic across the
Street by the City Treasurer's Office and the block betweeri 16th and ]7th Street in an area which would
not @ct existing businesses or residences. Regarding the expansion of the Residential Parking Permit
Area and authorizing the City Mapiager to determitte the location of the area and eliminate the
requirement for 51 % consensus, Mr. ';mith displayed a map del)ictitig this aforementioned area in "blue".
7he existing APPP system is solid blue and dotted lines reflect the proposed RPPP. This would extend
from Laskin Road on the north dowii to Norfolk Avetiue on the south and from Pacific Avenue through
Parks Avenue. This would add 1760 new spaces tliat would be cotilrolled by restricted parking between
the hours of 8:00 P. M. and 6:00 A.M., a three hour (,xtenvioii (@f tlie restriction.
August 9, 1994
- 5 -
CITY MANAG ER'S PRESEN TA TI ON
RESORT AREA PARKINC
ITEM # 38278 (Continued)
For the rest of the fiscal year, parking permits will be issued free-of-charge to any resident of the
particular area. In order to implement by January of 1995, the City will coordinate with the Community
to develop a new rate structure for fees and come back to the City Council to implement a change in the
Ordinance to reduce thefees charged. A survey was conducted by placing placards on the doors of 2499
homes.
If City Council should chose to proceed with the expanded Residential Parking Permit Program, the cost
would be approximately $46,000 for the manufacturing and installation of the signs, as well as an
additional $10,000 for addressing vpecial events: Pipe Traffic Control Barriers and Signs for Barrien.
Ae Staff is proposing the addition of two persoiinel f()r enf()rc(,ment to make this a full time program to
include towing of cars which would cost approximately $126,000.
August 9, 1994
- 6 -
CITY MANAG ER'S PRESEN TA TION
MINIBONDS
12:40 1'.M.
ITEM # 38279
Patricia A. Phillips, Director of 1,@inance, advised there have been three issues of General Obligation
PubUc improvement Minibonds in the amount of $2,000,000, in 1988, 1989, and 1991. Ae denominations
were for $4500 minimum purchase. Maturities to be selected were either 3, 4 or 5-year. ne structure
of these bonds were capital appreciation. 7he purchaser buys the face value of the bond and at the end
of the maturity term receives the face value plus accumulated iiitcrest Interest Rates were paid for these
bonds varying from 5.25% to 6.4%. In thc past, the City has acted as both the marketing agent, the
registrar and the paying agent. In 1988, the average purchase was $3,650, with the maximum purchase
being $5,000. 7he City increased the maximum purchase in 1989 and 1991 and in those years the
maximum purchase increased to over $6,000. Over 70% in each of the sales were comprised of Virginia
Beach residents, 63% purchased $5,000 or more in boilds.
Ihere are three remaining niaturities of these ntinibonds, that are currently outstanding:
October 12, 1994 $704,000
May 29, 1995 $252,000
May 29, 1996 $824,000
Interest rates are not as attractive to investors, as they were iti the past. 7oday's environment for the three
to five year maturity would probably be 4.50% to 4.8%. These are not only lower in absolute terms, but
the relationship to tax rate is different. 7heref()rc, the minibonds might not be financially advantageous
over a taxable treasury or some other form of investmeitt. Competitive large sale costs are now lower than
in the past: $13-15 in 1980's as opposed to $6-8 today (per $1,000 band). An annual large competitive
sale is more efficient and covt effective. However, iticremental cost may be inexpensive as a public
relations benefit.
Mrs. Phillips cited the following Options:
Underwriter $19,04
Marketing Agent (Underwriter) 16.10
Direct Issue, Outside Paying
AgentIRegistrar 15.89
FuU Service Contract (Bank) 15.95
Direct Issue, In-house Administration 16.04
Competitive Large Sale 7.50
Delay Decision until May 1996 ----
POLICY DECISIONS
Another sale this October to allow reinvestineitt.
Defer until another date using ncw participants.
Defer indefiiiitelv
Defer until May 1996
BY CONSENSUS, City Couiicil directed City Staff to DEFER and explore other alternatives for public
involvement.
August 9, 1994
- 7 -
ITEM # 38280
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINL4 BFACH CITY
COUNCIL in the Council Chamber, City Ilall Building, ort Tuesday, Auguvt 9, 1994, at 12:50 P.M.
Council Members Present:
John A. Baum, Linwood 0. Branch, III, Robt,rt K. Dean, William W
Harrison, Jr., Barbara M. flenley, Louiv R. Joilev, John D. MossMayor
Meyera E. Oberndorf, Nancy K. Park(-r, @ice Mayor Miliam 1). .5essoms,
Jr. and Louisa M. Strayhorii
Council Members Absent:
None
August 9, 1994
- 8 -
ITEM # 38281
Mayor Meyera E. Oberndorf entertained a motion to permit (@ity Council to conduct its EXECUTRT
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amerided, for the following purpose:
PERSONNEL MATTERS: Discussi(@it or consideratiort of or interviews
of prospective candidates for empl()yment, assignment, appoint7nent,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
Appointinent.v: Boards and Cotnmissions:
Arts and Ilumanities (,@ommivsiort
Planning Council
Nblic Library Board
7'ran@vportation @fety Cotnmission
rlrginia Beach Crime ?ask F(irce
Tidewater-Regional (,roup liome Commivsion
VMI, - fluman Development Committee
VML - 11/2blic 5afety C(@tnmitiec
Wetland.v Board
PUBLICLY-HELD PROPERTY.- Discussion ()r consideration of the
condition, acquisition, or use of real property f()r public purpose, or of
the disposition ofpublicly-heldpr()pcrty, or ()f plansfor thefuture of an
institution which could affect the value c)f properly owncd or desirable for
ownership by such iiistitutiott purvuaiii to @ectioll 2.1-344(A)(3).
To-grit: Dispovition - ;Ilrginia Beach Bor()ugh
PROSPEC= BUSINESS OR INDUSTRY, I)iscussion concerning a
prospective business or iiidustry where no previous announcement has
been made of flic buviness' or industry's iiiierest iii I()cating in the
community purvuaiii to @ecti()n 2.1 -344 (A) (5).
Upon motion by Vice Mayor Sessoms, seconded by C()u;icil Lad@ ';Irayhorti, Cily Council voted to proceed
into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, R(@bert K Dean, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jolies, John D. Moss, Mayor
Meyera E Ob(-rridorf Nancy K Parker, rice Mayor William D. Sessoms,
Jr. and Louiva M. @trayhorn
Council Members Voting Nay,
None
Council Members Absent:
None
August 9, 1994
- 9 -
FORMAL SESION
"RGINL4 BEACH CITY COUNCIL
August 9, I994
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BF,4CH CITY
COUNCIL in the Council Chamber, City Itall Buildirig. on Tuesday, August 9, 1994, at 2:00 P.M.
Council Members Present.-
John A. Baum, Linwood 0. Branch, iii, Robert K Dean, William W.
Harrison, Jr., Barbara M. Ifenley, Louis, R. Jones, John D. Movs, Mayor
Meyera E. Obertid()rf, Nancy K Parker, Vice Mayor William D. Sessoms,
Jr. and Louisa M. @trayhorn
Council Members Absent:
Norie
IAIVOCATION.- Reverend John B. Morris
Nimmo United Methodist Church
August 9, 1994
10 -
CERTIFICATION OF
EXECUTAT SESSION
ITEM # 38282
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by V7rginia law were discuvyed iii P@ecutive Session to
which this certification resolution apl)lies;
AND,
Only such public business matters as were identified in the motion
convening the Executive @ession were heard, discuvved or corisidered by
Vzrginia Beach City CouyiciL
Voting: 11-0
Council Members Voting Aye
John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louiv R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Naticy K. Parkt!r, Vice Mayor William D. Sessoms,
Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Non e
Council Members Absent:
None
August 9, 1994
CERTIFICATION OF EXECUTIVE SESSION
VIRGINtA BEACH CITY ('OUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 38281, Page No. 8, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certiflcation by the
goveming body ihat such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this ccrtification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
R CMC/AAE
City Clerk August 9, 1994
-F
MINUTES ITEM 38283
Upon motion by ;-ice Mayor Sessoms, seconded by C()uncilman Moss, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of Iugust Z 1994.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, LinwOOd 0. Branch, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. lienley, Louis R Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. @essoms,
Jr. and Iouisa M. @rayhorn
Council Members Voting Nay:
None
Council Members Absent:
Non c
August 9, 1994
12 -
te
ITEM # 38284
HUMAN RIGHTS COMMII;SION
Helen Shorpshire, Chairman - fluman Rights Commisvion, advised Frank Patterson, Vzce Chairman, was
unable to attend because of a business commitment. Mrs. 5hropshire introduced the following members
in attendance: Cheryl J. Avery-IIargrove, Sylvia Nerv Primm and Liaison - Fagan D. Stackhouse.
Mrs. Shorpshire extended appreciation to the City for the opl)ortunity to be of service, in an advisory
capacity. 7he Semi-Annual Report of the Hunzan Rights Conimission as of June 30, 1994, was
distributed to City Council and is hereby made a part of fhe record. Through monthly meetings, public
forums, written correspondence, the Commission has provided opportunities for citizens to receive
information, to communicate their thoughts, to participate and know realities ovcr perceptions that will
prevent and resolve violations of one's human rights. Ihe Coi?znzission's goal is to serve as a positive
advocate of human rights for the citizens in Virgirlia Beach.
The Human Rights Commissiori submitted the followilig recol?znzendations:
City Council provide the Cotnmission with its position on
multiculturallniulti-ethnic hur?zan relations f()r the City.
City Council chai7ge Ordinance 91-2088, ARTICLE XX", Hunwn
Rights Comniission, Section 2-461. I)uties, l,owers and function (d) to
rea&
"(d) To provide City Council and the City Manager a semi-annual
written report of the Commissiori's activities as of December
30th on or before a 30th aild a.1/2 ()f une Oth oil or
before July 30th of each year.
The Human Rights Conintissioii coiitiiiue to identify and conduct
educational and informational progranis atidlor activities to promote
mutual understanding atid respect amoiig citiz(,ns for the fulfillment of
their human rights.
City Council nzembers identify and scrid to thcir Commission liaison any
areas preseiited by citizens as possible violations of hunwn rights; the
Commission will engage in educational apid iriformational communication
that will se@,e as positive advocates for humtin rightv iti the City.
City Council review its process of iliforming all citizens of the procedures
used to scek th(-ir participatiofi (@ti City commiuees, boards and
commissioiis
7he Human Rights Conimission continue to provide assistance to
persons who believe their huntan rights have been violated by identifying
the appropriate federal, state or local agenc, to address the complaint
and refer thi- persotis I() the proper agciicy.
August 9, 1994
- 13 -
PUBLIC HEARING ITEM # 38285
Mayor Oberndorf DECLARED A PUBLIC HEARING:
THE SPORTS AUTHORITY OF HAMPTON ROADS, 1,7RGINL4
Articles of Incorporation Amendments
7here being no speakers, Mayor Oberridorf CLOSED the PUBLIC HEARING.
August 9, 1994
14 -
RESOLUTIONSIO)ZDINAN(@ES ITEM # 38286
UP- '"Otion by Vice Mayor ;ess(@ms, seconded by Councilma,i Joiies, City Council ADOPTED:
R-olution to AMEND @ections I and 5 of the Articles of incorporati,,
of 7le SPorts Auth@ritY of Ha-pl@,i Roads, rirgi,,ia.
Voting: 11-0
Council Members Voting Aye:
John A. Ba , Linw d 0. Bran W
-n 00 ch, III, Robe,t K D,a,, lliam W.
Ha-isOn, Jr., Barbara M. Ilenley, Louis R. Jonc,, Joh,, D. Moss, Mayor
Meye- E. Oberndorf Nancy K Parker, Vice Mayor WIliam D.
Ses'SOms, Jr. and Louiva M. @rayhort,
Council Members voting Nay:
None
Council Members Absent:
Non e
August 9, 1994
1 A RESOLUTION AMENDING THE ARTICLES
2 OF INCORPORATION OF THE SPORTS
3 AUTHORITY OF HAMPTON ROADS, VIRGINIA
4 WHEREAS, by concurring resolutions adopted by the
5 Councils of the Cities of Hampton, NeWport News, Portsmouth,
6 Norfolk, Virginia Beach, Chesapeake, and Suffolk, Virginia, and the
7 Board of Supervisors of Isle of Wight County, Virginia
8 (collectively the "Participating Political Subdivisions") The
9 Sports Authority of Hampton Roads, Virginia (the '-Authority") was
10 created pursuant to the Public Recreati,nal Facilities Authorities
11 Act, chapter 29, Title 15.1-1271, et seq. (the "Act"); and
12 WHEREAS, the Participating Political Subdivisions desire,
13 by adoption of concurring resolutions, to amend the Articles of
14 Incorporation of the Authority to reflect the current principal
15 office of the Authority and to modify the purposes of the Authority
16 to include undertaking multiple projects as hereinafter set forth;
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19 1. That Paragraph 1 of the Articles of Incorporation of
20 the Authority is hereby amended to read as follows:
21 1. The name of the Authority is THE
22 SPORTS AUTHORITY OF HAMPTON ROADS, VIRGINIA,
23 and the address of its principal office is @
24 Reger B The
25 Regional -kuilding,
26 Ches -.other
27 i)lace as the -f t
28 shall establish- fr@@ i-i@. en
29 tice to each member f th. C-m-issin and to
30 the bod f ach
31 Part
32 2. That Paragraph 5 of the Articles of Incorporation of
33 the Authority is hereby amended to read as follows:
34 5. The Sports Authority of Hampton
35 Roads, virginia, is created for the
36 acquisition, construction, equipping,
37 financing, maintaining, and/or operating of a
38 ptibli:e
39 eentaini
40 er- al:!
41 par!Einei@
42 i-estau
43 eennee ne or more ro'ects"
44 as de Recreational
45 Faciliti @r 29, Title
46 15.1. as ainended
47 (Section se
48 of the Commission m
49 time t ndertake.
50 3. That except as herein amended or modified, the
51 Articles of Incorporation of the Authority shall remain in full
52 force and effect and are hereby ratified and confirmed.
53 4. This resolution shall take effect immediately upon
54 its adoption.
55 Adopted by the Council of the City of Virginia Beach,
56 Virginia, on the 9 day of August 1994.
57 CA-5674
58 ORDIN\NONCODE\SPORTS.RES
59 R-2
60 PREPARED: 07/02/94
APPRCt,,.,-[@ A@@, TO
! @:7
L Er@l- -y
15 -
RESOLUTIONSIORDIN,4NCES ITEM # 38287
UP- -0 on by e My,,, ,
V' ; SI-@dd by (@ .... . .iln,,, j,,,es, CitY Council,4DOPTED.
ResolutiontoRE,lFFI,RM-pportfc)rthecontinuin operationofna,,al
Air Station Oceana. (Spon 9
--d by Vay- Meyera E. Oberndori)
MaYOr Ob-dorf has bcen an acfive participatit it, Coiigresvmari ()Wen
and the anticipating BRAC '95 REGIONAL MEETINGS. "'cket"s BP,4C 1995 CommiUee
Voting: 11-0
Council Members Voting Ay,:
John A. Baum, Lilwo,,d 0. Branch, III, Robert K Dean, Wlitiam w.
Ha-ison, Jr., Barbara M. fieiley, Louiv R. Jotlev, John D. Mo,,, Mayor
Meye- E. oberrdorf, Nancy 'K Par - r Mayor Iliam D.
Sesso-S, Jr. and l,ouisa M. @trayhor,, ke e
Council Members Voting Ny:
Non c
Council Members Abseiit:
Non e
August 9, 1994
Requested by Mayor Meyera E. Oberndorf
1 A RESOLUTION REAFFIRMTNG SUPPORT FOR
2 THE CONTINUING OPERATION OF NAVAL
3 AIR STATION OCEANA
4 WHEREAS, the federal government is continuing in the
5 process of evaluating all active military installations, including
6 Naval Air Station oceana, with a view toward eliminating those
7 which are deemed unnecessary or redundant in view of current budget
8 restraints and national defense requirements;
9 WHEREAS, Hampton Roads is the situs of the largest and
10 most varied assembly of naval activities in the eastern United
11 States, including a massive assemblage of aircraft carriers and
12 other surface ships of all types, as well as major supporting
13 activities;
14 WHEREAS, Naval Air Station Oceana is a master jet base,
15 uniquely and strategically located on the East Coast, capable, with
16 minimal capital expenditure, of receiving and supporting present
17 and future generations of fighter and attack aircraft comprising
18 the vital naval air warfare component of our national defense;
19 WHEREAS, there exists in the City of Virginia Beach the
20 infrastructure, including quality housing, a superb school system,
21 and community recreational and service facilities, essential to
22 support a major military installation; and
23 WHEREAS, the closing of Naval Air Station Oceana would
24 deprive the Navy and the United states of a prime military facility
25 of immeasurable importance both to national security and to our
26 nation's international peacekeeping commitments;
27 WHEREAS, in February 1994, City Council, by resolution,
28 affirmed its support for the continued operation of Naval Air
29 Station Oceana;
30 WHEREAS, since the adoption of that resolution, the
31 membership of the council has been altered through the electoral
32 process; and
33 WHEREAS, the present council wishes t,, reaffirm its
34 support for the continued operati,n of Naval Air Station Oceana;
35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
36 OF VIRGINIA BEACH, VIRGINIA:
37 That the city Council hereby reaffirms its strongest
38 support for the continuing operation of Naval Air Station Oceana as
39 a master jet base for as long as the United States remains the
40 leader of the Free World.
41 Adopted by the Council of the City of Virginia Beach,
42 virginia, on the @- day of A 1994.
43 CA-5686 O.RES
44 ORDIN\NONCODE\NAS
45 R-1 94
46 PREPARED: 08/04/
2
16 -
RESOLUTIONSIORDIN,4NCES ITEM # 38288
I ; ss Ms
UPon 0 On bY lce Mayor . c 0 , seconded by Council Lady @tryho ty
rn' C' COuncil ADOPTED:
ordinances re the FY 1994-19 e
Federal and State (,ra,,s; and, 95 '@chool 7' XtbOOk Fund Budg,t with
increased accordiigly: thal -imate(i revenue, to the rund be
a, APPROPRIATE $ 5,039,000 r, School Textbooks.
b' '4ppRopR'ATE $12,071,631 re School Tr,,,ts.
C. APPROPRIATE $15,383,850 r(@ l"(,od,@ervice
,4p L4 F
d' PROPR T,' $ 675,750 re Athleti, Fund.
Vofing: 11-0
Council Members voting Aye:
John A- Baum, Liiiwood 0. Branch, III, I?obert K Dean, willia W.
Ha-'son, Jr., Barbara M. Hniy, m
Meyera E. Obern Loui., R. joties, john D. Mos, May,
dorf, NalcY K Parker, T-,,, Mayor Will.a - D.
essO-S, Jr. a@ld Loui.,a M @trayhon, n
Council Members Voing Nay:
None
Co""cil Melnbers Absent.-
None
Counci"n- M.,s DISCLOSED
C-ren'IY e ployed by the Purua,it to Section 2.1-639-14((,) (,f ihe C,)de of rrginia, his wife i,
'n CitY Of TIrginia Beach , ch )/ Iioard as a 7eacher -rni 9 a annual sa
'n -- Of $10,000. Councilman Moss declared '; O( n n lary
he was able to partic"Pate in the transaction fairly,
objectively and in the public inter(!st. Cou,icilma,,, Mo,,', 1,,,,r (,f July 14, 7992, is hereby made a part
of the record.
August 9, 1994
I AN ORDINANCE TO APPROPRIATE $5,039,000
2 FORTHE FY1994-95
3 SCHOOL TEXTBOOK FUND BUDGET
4 WHEREAS, the Virginia Beach School Division has a need to account for textbook expendftures
5 and revenues separately from other school operating resources,
6 WHEREAS, the School Division has established a Textbook Fund from which purchases of
7 textbooks and related expenses are paid, and to which income for textbooks is deposfted;
8 WHEREAS, the School Textbook Fund for FY 1994-95 included estimated revenues from all
9 sources totalling $5,039,000 and budgeted disbursements of $5.039,000.
1 a
1 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA, that funds in the amount of $5,039,000 be appropriated to the FY 1994-95 School
1 3 Textbook Fund and that estimated revenues to the Fund be increased by $5,039,000 in accordance with
14 Exhibh Al which is attached hereto and hereby incorporated by reference
1 5 This ordinance shall be effecfive on the date of its adopton.
16 Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of
17 August 11994,
18 Approved as to Content:
19
20 Wa
21 Management and Budget
EXHIBIT Al
Estimated revenues to the FY 1994-95 budget for the School Textbook Fund in the
amount of $5,039,000 from the following sourcesi
Book Rentals $ 0
Book Purchases 64,400
Interest on Deposit 40,000
Revenue from the Commonwealth 2,400,000
Transfer from Operating Budget 2,534,600
TOTAL $ 5,039,000
1 AN ORDINANCE TO APPROPRIATE $12,071,631
2 FORTHE FY 1994-95
3 SCHOOL GRANTS FUND BUDGET
4 WHEREAS, the Virginia Beach School Division has been notified that R will receive funds in the
5 amount of $12,071,631 for instructional activities which supplement regular programs through special federal
6 and state categorical grants for the 1994-95 School year,
7 WHEREAS, these funds were not appropriated in the FY 1994-95 School Operabng Budget
8 approved by City Council, and require no local expenditure for match,
9 WHEREAS, the School Board has approved this funding and requests that the City Council
1 0 appropdate these funds to the School Grants Fund for FY 1994-95.
1 1
12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
1 3 VIRGINIA, that funds in the amount of $12,071,631 be appropriated to the FY 1994-95 School Grants Fund,
1 4 and that estmated revenues to the Fund from the Commonwealth and from the Federal Government be
1 5 increased by $12,071,631 in a(-,cordance with Exhibit A2 which is aftached hereto and hereby incorporated by
i6 reference-.
1 7
1 8 This ordinance shall be effective on the date of its adoption.
1 9 AdoptedbytheCounciloftheCityofVirginiaBeach,Virginiaonthe 9th dayof
20 August -,1994.
21 Approved as to Content: s io
22
23 Walter-C. Kraem@r.
24 Management and Budget
EXHIBIT A2
Estimated revenues to the FY 1994-95 budget for the School Grants Fund in the
amount of $12,071,631 for instructional activities which supplement regular programs
from the following sources-
Revenue from the Commonwealth $ 763,820
Revenue from the Federal Government 11,307,811
TOTAL $12,071,631
i AN ORDINANCE TO APPROPRIATE $15,383,850
2 FOR THE FY 1994-95 SCHOOL
3 FOOD SERVICES FUND BUDGET
4 WHEREAS, the Virginia Beach School Division has a need to account for food service
5 expendftures and revenues separately from other school operating resources;
6 WHEREAS, the School Division has established a Food Services Fund from which purchases of
7 food, food supplies, and related expenses are paid, and to which income for food service is deposded;
8 WHEREAS, the School Food Services Fund for FY 1994-95 included estimated revenues from all
9 sources totalling $15,382,850 and budgeted disbursements of $15,382,850.
1 0
1 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA, that funds in the amount of $15,382,850 be appropriated to the FY 1994-95 School Food
1 3 Services Fund and that estmated revenues to the Fund be increased by $15,382,850 in accordance wdh
14 Exhibit A3 which is attached hereto and hereby incorporated by reference..
1 5
1 6 This ordinance shall be effective on the date of its adoption.
1 7 Adopted by the Council of the City of Virginia Beach, Virginia on the 9th day of
1 8 August 11994,
r)
19 Approved as to Content:
20
21
22 Walte
23 Management and Budget
EXHIBIT A3
Estimated revenues to the FY 1994-95 budget for the School Food Services Fund in
the amount of $15,382,851 to be financed from the following sources:
Pupil Meal Charges for Services
National School Meal Program $ 9,685,390
USDA Commodities 3,990,571
School Meal Payments 990,211
USDA Rebates from Vendors 495,307
Interest 150,313
TOTAL 71 048
82 851
1 AN ORDINANCE TO APPROPRIATE $675,750
2 FORTHE FY1994-95SCHOOL
3 ATHLETIC FUND BUDGET
4 WHEREAS, the Virginia Beach School Division generates revenues through admission charges to
5 various high school athietc events,
6 WHEREAS, the School Division has established an Athletc Fund to which such revenues are
7 deposited and from which payment is made for purchase of athletic equipment and uniforms, payment of
8 officials, and provision of miscellaneous supplies,
9 WHEREAS, the School Athlebc Fund for FY 1994-95 included estmated revenues from all
I 0 sources totalling $675,750 and budgeted disbursements of $675.750.
1 1
12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA, that funds in the amount of $675,750 be appropriated to the FY 1994-95 School Athletic
14 Fund and that estimated revenues to the Fund be increased by $675,750 in ac;cordance vvfth Exhibk A4 which
1 5 is attached hereto and hereby incorporated by reference.
16 This ordinance shall be effective on the date of its adoption.
1 7 AdoptedbytheCounciloftheCityofVirginiaBeach,Virginiaonthe 9th dayof
18 August 1994.
19 Approved as to Content:
20 A@@@ TO
21
22 Walter C. Kr@r, Jr.
23 Management and Budget
EXHIBIT A4
Estimated revenues to the FY 1994-95 budget for the School Athletic Fund in the
amount of $675,750 from the following sources:
Revenue from Ticket Sales to Games $ 282,250
Interest on Deposits 2,500
Retained Earnings 0
Transfer from Operating Budget 391 000
TOTAL 75 750
- 17 -
b
RESOLUTIONSIORDINANCES ITEM # 38289
7he following spoke in SUPPORT of the Odinances:
Henry Richardson, President - IlotellMotel Association, 2800 Pacific Avenue, presented position papers
of the Resort Leadership C(,u,cil a,id the flotellmot,l Ass'ociatioti. said letters are hereby made a part
of the record.
Addison Richardson, 804 Wzr,,t,,n -,@alem Avcrtue, Phone: 422-0455, represetited the Shadow Lawn Civic
League
Wally Erb, 150 Cayuga
Barbara Yates, 318 24th Street, Phone: 428-8052, ()wrier - A,Igie',v (,uest (,ottage
Fran Johnson, 435 Winston-,;alem Avertue, Ilhone: 425- 7586, presented petitions in SUPPORT and
requested the Ordinance be amended tc) allow for itnplementati(@,i on the north side of Winston-Salen.
William Dillon, represented thf@ Restaurallt Asvociati(@ii, Ihoii,,: 425-63.iO
Bctty L. Connell, 409-23rd @irect, I'llone: 428-1562
7homas E. Coghill, Sr., 804 Surfside Ave,tue, Pho,e: 422-3425.
I,ouise M. "ite, 430 26th @5treet, I'hone: 422-3322
Dennis Wargal, 2495 Arctic Ave,,?uc, I'ho,,e.- 425-5469, Ircsici(@ilt of Aelantic- Place Condo Association
Peter Catange, 400 16th ,;trect, I'ho,le: 422- 956
I
Ann R Mauer, 432 24th @treet, I'holle: 422-4469
7he following spoke i,, oppOSITION I,) the Ordinance,,:
Bob Snyder, Phone: 427-9199
Brenda McCormick 41 7 ]6th 51reet, lbone: 491 -2887, represeiting the homeless, presented petitions
in OPPOSITION Said petitions ar(, hereby tnade a part of th, rccord.
Stacey Saunders, 600 16th Ste(,t, I'hoiie: 422-4988
Steve Marshall, 1905 Meditcrra;ieari Avenue, I'hoiie: 491-328(,
LOu Pace, 1908 Ilunts Neck C,,.rt
Upon motion by Councilmati Bratich, seconded by (,@ounciltnan Mf@sv, City Council ADOPTED he
following Ordinances:
AMEND and REORDAIN Sectionv 21-440.3 aitd 21-440.4 of the Code
of the City of Virgiriia Bcach, Ilirgitiia.
TRANSFER $56,0()0 to the FY 1994-95 Operatirig Budget of Parking
SYS'eMs Managemetit from the 7@ourism (,rowth I,,,estm,nt Fund Reserve
(TC,IF) re expanding the Progrant.
For the remainder of the calendar vear, the residcnts'parking pcrtnit will be free of charge and one guest
pass will be provided with each revideittv'parkit7g pertnit.
August 9, 1994
- 18 -
t
RESOLUTIONSIORDINANCES ITEM # 38289 (Continued)
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood 0. Branch, III, Roberf K Dean, 14rilliam W.
Harrison, Jr., Ilarbara M. lienley, Louis R. Joiies, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Iark(,r, Vice Mayor grilliam D.
Sessoms, Jr. and Louisa M. 5trayhorpi
Council Members Voting Na),:
None
Council Members Absent:
None
August 9, 1994
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 21-440.3 AND 21-440.4 OF
3 THE CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 RESIDENTIAL PARKING PERMITS
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Sections 21-440.3 and 21-440.4 of the Code of the City of
9 Virginia Beach, Virginia, are hereby amended and reordained to read
10 as follows:
11 BOO. 21-440.3. Designation ow of residential permit parking argas.
12 The city manager or his designee shaii is hereby authorized to
13 designate as residential permit parking areas street blocks within
14 anv residential areas, iihen the f-el fnete
15 or part thereof cated within
16 meter-regulated king area.
17 +a+ A petit--On ri
18 at least ene (i) adult res
19 ef- ne leas than f-if-ty ene (53:) per eent
20 Llesidenees 3:eeated iiitliin sueh ble
21 i@ith the eity manager er his designee, ani-
22 +b+ The residential area seue
23 L-esidentia3: permit pai-)Eincj am
24 sueh residentia
25 faile ef a ei
26 Sec. 21-440.4 Parking restrictions.
27 In any area designated as a residential permit parking area,
28 it shall be unlawful for any person to park any motor vehicle on
29 the street between the hours of @ 8:00 p.m. and 6:00 a.m.
30 unless there is affixed to the driver's side exterior surface of
31 the rear windshield of such motor vehicle a valid residential
32 parking permit; provided, however, that the provisions of this
33 section shall not apply to emergency or governmental vehicles, to
34 delivery or service vehicles while engaged in such delivery or
35 service, or to vehicles displaying a valid guest pass plainly
36 visible from the exterior of the vehicle.
37 Adopted by the Council of the City of Virginia Beach, Virginia
38 on the 9 day of August 1994.
39 CA-5657
40 R-3
41 AUGUST 3, 1994
42 ORDIN\DATA\NONCODE\21-440-3.pro
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENg AND FORM
CITY ATTORNEY
2
1 AN ORDINANCE TO TRANSFER $56,000 TO THE
2 FY 1994-95 OPERATING BUDGET OF PARKING SYSTEMS
3 MANAG@ FROM THE TOURISM GROWTH INVES@
4 FUND RESERVE FOR THE PURPOSE OF EXPANDING
5 THE RESIDENTIAL PARKING PERMIT PROGRAM
6 WHERMAS, in order to reduce the number of non residential vehicles parking
7 in neighborhoods in close proximity to the resort area, Council adopted an
8 ordinance on June 9, 1SI92, establishing a Residential Parking Permit Program;
9 WHEREAS, due to the expansion and promotion of oceanfront events, the
10 number of visitors that are attracted to the resort area, and the assurance that
11 all area residents are iifforded reasonable access to their homes, City staff has
12 recognized a need to expand the scope of the curl-ent program;
13 WHEREAS, expansion of the program is requested in two (2) phases, Phase I
14 being implemented upon adoption of this ordiiiance at an estimated cost of
15 $56,000, with Phase IT to be proposed in conjunction with the Proposed FY 1995-96
16 Operating Budget;
17 WHEREAS, the Tourism Growth Investment Fund Reserve has $56,000 available
18 for transfer to Parking Systems Management fo, program expansion.
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA, that $56,000 be transferred to the FY 1994 95 operating budget
21 of the Parking Systems Management office from the Tourism Growth Investment Fund
22 Reserve for the purpose of expanding the Residential Parking Permit Program.
23 Adopted the 9 of August 1994, by the Council of the City of
24 Virginia Beach, Virginia
25 This ordinance shall be in effect from the date of its adoption.
APPROVED AS TO CONTENT
Walter C. Kra
Department of ManagE t
SWJ\RPPPEXP.ORD
@k, TO
- 19 -
Item III-L4.c.
P,ESOLUTIONSIORDINANCES ITEM # 38290
Upon ?wtion by Councilman Jones, scconded by Couiicilmall Ifaum, City Council,-
DIPECTED Staff that all parking fees at the Municipal Parking Lots
(19th and 25th @treet) stay the same uiitil 5:00 p.m. and after 5:00 p.m.,
residents with Vtrginia Beach vehicle decals shall pay $1.00 fc)r parking
for the remaintler of this seasott.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Liriwood 0. Branch, III*, Robert K Dean, William W
Harrison, Jr., Barbara M. Ilenley, Louis R. J()nev, Johtt D. Mosst Mayor
Meyera E Oberridorf, Nancy K Parker*, Vice Mayor William D.
Sessoms, Jr. aiid Louisa M. @trayhoryi
Council Members Voting Nay:
Non e
Council Members Absent:
None
*Nay vote changed to a VERBAL AYE.
City Council PECESSED at 4:00 P.M. to 4:10 P.M.
August 9, 1994
- 20 -
item ill-J.
CONSENT AGENDA ITEM # 38291
Upon motion by ;-ice Mayor .5essoms, seconded by Councilman City Council APPROVED in ONE
MOTION, Items 1 and 2 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye
John A. Baum, Litiwood 0. Branch, Ill, Robert K Dean, grilliam W.
Harrison, Jr., Barbara M. flenley, Louis I@. Jories, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K I'arker, Vice Mayor William D.
Sessoms, Jr. and Louiva M. .5trayhorit
Council Members Voting Nay:
Non e
Council Members Absent:
None
August 9, 1994
21 -
CONSEAT AGENDA ITEM # 38292
Upon motion by Vice Mayor 5essomv, seconded by Couiicilmait Moss, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRL4 TE a $6, 000 (@,rant from the
Commonwealth of Virginia Departmerit of Forestry to the Department Of
Planning re Urban Forestry Prograni, aiid that eytimated revenues from
the Commonwealth be iticreased acc()rdifigly.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linw()Od 0. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M. Ilenley, Louiv R. Jones, John D. Moss, Mayor
Meyera E. Oberridorf Nancy K Iarker, Vic,@ Mayor William D.
Sesso@, Jr. aiid Louiva M. @trayhorit
Council Members Voting Nay:
None
Council Members Absent:
None
August 9, 1994
186pne pue juawa6euelM 9z
IOOIJI Q-3 gz
ilz
:IN 0
31NO o sva cz
1,66 IsnBnV zz
@O fep slqluoelulbjl qoeaeelul6JlAlOf4!oaqllol!ounooaqlAqpaldopV @z
L116 A
ooo'g$ Aq paseaj3ui aq Lilleamuowwoo aql oz
wojj senuaaej palewi a leql pue'fjlsE)JO-4 10 juawpade(i eiui6ii lo qlleemuOwWOO Bql wO4 6u'uugld 6 @
.IS . . A
lo juawlieda(] eql ol poleijdoidde pue poldoooe aq ooo'g$ lo junowe aql u' luBJb a 18ql VINIE)NIA 9 @
'HOV3E] VINIE)NIA -40 kild 3Hi -AO -11ONnOO 3HI ),g C13NIV(l@O 11 38 9@0=13@3Hi AAON L L
'IUBWUOJIAUG S,f4!0 941 eouequa pue'ep!jd fq!unwwoo jo asues e alowojd 'swooisselo r)uiail qsilqelse 91
oisluepnis/slooqos6u.qedioi edql!mpadOlOAapaqll!mwei6oid,,slooqoSuaajE), V3 3H
S Iq AA
'r4uedioi ed IFL
.ii
looqoS 3ilqnd 40899 Blul6ii 10 aouels!sse aql i4lim'spuel oilqnd iat4lo pue sel!s looq3s paloolas c L
A
uo sailesinu oeil qsilqelsa ll!maall!wwooluewa3uequ-4 lel!qBH aqljo sjeqwaw'SV3?j3HM z@
'Isajo=l [I
ueqjn s,qoeee elu,Bj,Ajo f4!0 aql aouequa 01 'Juawaiinbei qolew 6uipunj leool ou ql!m '000'9$ jo junowe OL
aql ui luejb e PaP!AOjd seq fulsojo4 lo luawlJedo(I BluiBlIA 10 qllBOMuOwwOO Oql'SV3@3HAA 6
'Au.o eql 9
inoqbnojqlAdoueo aoil ueqjn puedxa qoiqm pue'sisajol ueqjn lo aoueljodwi eqlol se sienp!A!pul GIEDnpgL
qoii4m sLuejBojd qbnojql fqlo aql 10 luawuoilaue aql eouelaug 01 leas aeg!wwOO IuBWOOug4u3 lel!qBH9
qoeea eiuil3jl IO)W.O eql PUB AJIS9JO4 10 lUaWlieda(] Blulbl'A JO qlleOmuOwwOo 941'SV3HgHM 9
A
17
,kHig3kiOzi :10 IN3WlkiVd3a VINISHIA 3HI WONA c
000'9$ JO INNOWV 3HI Ni IN"D V z
31VIHdOUddyaNV ld333V 01 3ONVNiakiO NV L
- 22 -
2.
CONSENT AGENDA ITEM # 38293
UP- -'iOn bY rlce May,,, @@,s,,Om.,, s,conded bY (11-fililm@n M,,-. CitY Council,4DopTED:
Ordinance to AUTHORIZE a tenzporary encroachf?zent into a portion
of the right-of-way f pleasure House R d to Ch rch Point
0 oa u
Associates re maititenance of an exivting sign (BAYYII)E BOROU(;Il).
@e fOllOwing conditions shall be rcquired:
1. The owner agrees tc) remove the eticroachtnent when notified by
the CitY of Virginia Beach, al no expensc to the city.
2. 7he owtier agrees to kecp and hold the City free and harmles,
of any liabilities a result of the elicroachm(-Ilt.
3. The owner agrees to maittait sai(i ciicr(,achmerit so as riot to
become utivightiv or a hazard.
Voting: 11-0
council Members voting Aye:
John A. Baum, Linwood 0. Branch, III Robert K Deart, William W.
Harrison, Jr., Barbara M. Henley, Louis, R. Jonc,,%@ John D. Movv, Mayor
Meyera E. Oberiidorf, Naticy K Parker, Vi(,e Alayor William D.
Sessoms, Jr. and l,ouiva M. Strayho",
Council Members Votirig Nay:
Non e
Council Members Absent:
None
August 9, 1994
1 AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF THE
4 RIGHT-OF-WAY OF PLEASURE
5 HOUSE ROAD TO CHURCH
6 POINT COMMONS ASSOCIATES,
7 ITS HEIRS, ASSIGNS AND
8 SUCCESSORS IN TITLE
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That pursuant to the authority and to the extent thereof
12 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
13 Church Point commons Associates, its heirs, assigns and successors
14 in title is authorized to maintain a temporary encroachment into
15 the right-of-way of Pleasure House Road.
16 That the temporary encroachment herein authorized is for
17 the purpose of maintaining a sign and that said encroachment shall
18 be constructed and maintained in accordance with the City of
19 virginia Beach Public Works Department's specifications as to size,
20 alignment and location, and further that such temporary
21 encroachment is more particularly described as follows:
22 An area of encroachment into a
23 portion of the City's right-of-way
24 known as Pleasure House Road, on the
25 certain plat entitled: " EXHIBIT
26 FOR SIGN ENCROACHMENT FOR CHURCH
27 POINT COMMONS," a copy of which is
28 on file in the Department of Public
29 Works and to which reference is made
30 for a more particular description.
31 PROVIDED, HOWEVER, that the temporary encroachment herein
32 authorized shall terminate upon notice by the City of Virginia
33 Beach to any officer of Church Point Commons Associates, its heirs,
34 assigns and successors in title and ttiat within thirty (30) days
35 after such notice is given, said encroachment shall be removed from
36 the City's right-of-way of Pleasure House Road and that Church
37 Point Commons Associates, its heirs, assigns and successors in
38 title shall bear all costs and expenses of such removal.
39 AND, PROVIDED FURTHER, that it is expressly understood
40 and agreed that Church Point Commons Associates, its heirs, assigns
41 and successors in title shall indemnify and hold harmless the City
42 of Virginia Beach, its agents and employees from and against all
43 claims, damages, losses and expenses including reasonable
44 attorney's fees in case it shall be necessary to file or defend an
45 action arising out of the location or existence of such
46 encroachment.
47 AND, PROVIDED FURTHER, that the party of the second part
48 agrees to maintain said encroachment so as not to become unsightly
49 or a hazard.
50 AND, PROVIDED FURTHER, that this ordinance shall not be
51 in effect until such time that Church Point Commons Associates
52 executes an agreement with the City of Virginia Beach encoinpassing
53 the aforementioned provisions.
54 Adopted by the Council of the City of Virginia Beach,
August 19 94
55 Virginia, on the day of
56 07/06/94
57 LDH/tga
58 churchpt.ord C014TEt@'I
APPROVED AS TO
LEGAL SUFFICIENCY
2
THIS AGREEMENT, made this day of TtA ?4 E
194%4 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, Church Point
commons ASSOCiates, a general partnership, ITS/HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, party of the second part.
W I T N E S S H:
-rhat, WHEREAS, it is proposed by the party of the
second part to maintain an existing sign in the City of Virginia
Beach; and
WHEREAS, in maintaining such existing sign, it is
necessary that the said party of the second part encroach into a
portion of an existing City right-of-way known as Pleasure House
Road; and said party of the second part has requested that the
party of the first part grant a temporary encroachment to
such existing sign within a portion of the City's
facilitate
;i right-of-way known as Pleasure House Road.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part d.th grant to the party of the second part a temporary
encroachment to use a portion of the City's right-of-way known as
Pleasure House Road for the purpose of constructing and
maintaining such existing sign.
it is expressly understood and agreed that such
temporary encroachment will be maintained in accordance with the
laws of the commonwealth of Virginia and the city of Virginia
Beach, and in accordance with the City of virginia Beach Public
Works Department's specifications and approval as to size,
alignment and location and is more particularly described as I
follows, to wit:
An area of encroachment into a portion of
the city's right-of-way known as Pleasure
House Road as shown on that certain plat
entitled: "EXHIBIT FOR SIGN ENCROACHMENT
FOR CHURCH POINT COMMONS,, a copy of which is
attached hereto as Exhibit VIAII and to which
reference is made for a more particular
description.
it is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the city of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's right-of-way known as Pleasure House Road by the party of
the second part; and that the party of the second part shall bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part 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 temporary encroachment.
it is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to pe-it the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
it is further expressly understood and agreed that th.
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
it is further expressly understood and agreed that the
party of the second part agrees that no open cut of the public
roadway shall be allowed except under extreme circumstances.
Such exceptions shall be submitted to the Highway Division,
Department of Public Works, for final approval.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's right-of-way.
it is further expressly understood and agreed that the
party of the second part shall submit for review and approval, a
survey of the area being encroached upon, certified by a
professional engineer, and/or "as built" plans of the
encroachment, if required by either the City Engineer's office or
the Engineering Division of the Public Utilities Department.
3
it is further expressly understood and agreed that the
party of the second part shall submit for review and approval, a
survey of the area being encroached upon, certif ied by a
professional engineer, and/or "as built" plans of the
encroachment, if required by either the City Engineer I s Of f ice or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the
party of the f irst part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal'I
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
4
IN WITNESS WHEREOF, Church Point commons ASSOciates,
Partnership has caused this Agreement to be executed in its name
on its behalf by a general
partner, with due authority to bind said partnership. Further,
that the city of Virginia Beach has caused this Agreement to be
executed in its name and on its behalf by its city Manager and
its seal be hereunto affixed and attested by its city Clerk.
CITY OF VIRGINIA BEACH
BY
C ty Manager,
Designee of the city Manager
(SEAL)
ATTEST:
City Clrk
cm S ASSOCIATES
By
(SEAL)
ATTEST:
D AS TO CONTENT
(Title)
D@PARTIIEIT
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, tO-Wit:
a Notary
Public in and for the city and State aforesaid, do hereby certify
AGER/AUTHORIZED DESIGNEE
that CITY MAN
OF THE CITY MANAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE,
whose name is signed to the foregoing Agreement bearing date on
he day of lg_, has acknowledged the
t
aforesaid.
same before me in my City and State
GIVEN under my hand this _ day of
19-.
Notary Pblic
my commission Expires:
STATE oF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
aid, do hereby certify that
in and for the city and State afores
RUTH HODGES SMITH, CitY Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of 19 _, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this _ day of
19-.
Notary Public
6
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, @A@eS C- HOr.AtJ -, a Notary Public
in and for the City and State aforesaid, do hereby certify that
-TAV4w \,/ whose naine is signed to the
foregoing writing, bearing date the -Iz@ day of
T" tic 199H , has acknowledged the same before
me in my City and State aforesaid.
Given under my hand this lz@ day of
19,iq
6 F. - So --I,?
7
FIRST COURT ROA
KE
SCALE i"=50'
SITE INFORMATION:
ZONING 8- 2
G-PIN 1479- 34-5 71/
RECORDED IN; MB. 180, P. 45
EXHIBIT "A"
EXHIBIT FOR
SIGN ENCROACHMENT -G
FOR ZNG
CHURCH POINT COMMONS
EXHIBIT "A"
I
I
I
l'
.4
t.@ C
:@z,
tq
04
@f
I
I
a
*1
CVBFM Ph
:- @ Ctr
"rm MHAN
.ynnhave
House
@YAN 0
LOCATION MA
ii - z 1\4. @ I
23 -
PUBLIC HFARING ITEM # 38294
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1.
(a) TATE TERR,4CE REALTY INVESTORS, INC. STREET CLOSURE
(b) RODNEY L. MILLS VARL4NCE
(c) HERBERT A. CULPEPPER VARL4-NCE
CONDITIONAL USE PERMIT
(d) C. REX SCOTT CONDITIONAL USE PERMIT
(e) QUICK 10 CORPORATION CONDITIONAL USE PERMIT
(t) LYNN, L TD. CHANGE OF ZONING
(g) McGINNIS RF,4LTY & DEVELOPMENT COMPANY CHANGE OF ZONING
(h) McDONALD NURSERIES OF VIRGINL4 BEACH CONDITIONAL CIL4NGE OF
ZONING DISTRICT
CLASSIFICATION
August 9, 1994
24 -
te
PUBLIC HEARING ITEM # 38295
PL,tNNING
Joe "arton, 448 Viking Drive, Phone: 408-1112, represented the applicant
';trayhorn, seconded by Vice Mayor Sessoms, City Council AUTHORIZED
Upon motion by Council Lady,
FINAL APPROVAL of an Ordinance upon application of TATE TERRACE REALTY INVESTORS,
INC., for the nti uan ClOsu e alld ban on-ent of a p,)rtior, of
Application of 7ate Terrace Realty Investors, Itic,, for the discontinuance,
closure and abandonment of a portion of Raynor Drive at the northwest
intersection of Raynor Drive and Jurgen C(@urt as shown on the
Subdivision Plat of Glenwood, Phase 5B, Section IA. @aid parcel
contains 584 square feet. KI,,MPSVIII,E BOROU(;IL
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M. Henley, louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K I'arker, Vice Mayor William D.
Sessoms, Jr and l,ouisa M. Strayh(,rit
Council Members Voting Nay:
None
Council Members Absent:
Non e
August 9, 1994
ORDINkNCE NO.
IN THE MATTER OF CLOSIXG, VACKTIXG AZID DISCONTINUING A
PORTION OF TitAT CERTAIN STREET KNOWN AS RAYNOR DRIVE, AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED "SUBDIVISION OF
GLENWOOD PHASE SB SECTION 1A", DATED 7/17/92, WHICH PLAT
IS RECORDED IN THE VIRGINIA BEACH CIRCUIT COURT CLENK'S
OFFICE IN RAP BOOK 225, AT PAGE 2.
WHEREAS, it appearing by af f idavit that proper notice has
been given by Tate Terrace Realty Investors, Inc. that it would
make application to the Council of the city of virginia Beach,
virginia, on April 26, 1994, to have a portion of the hereinafter
described street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
portion of said street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described portion of Raynor
Drive be discontinued, closed, and vacated:
ALL THAT certain piece or parcel of land located
and designated as a portion of the right-of-way of
Raynor Drive as shown on the Subdivision Plat of
Glenwood Phase 5B Section 1A, and recorded in Map
Book 225, page 2 of the Clerk's Office of the
Circuit Court of the City of Virginia Beach,
Virginia, and more particularly described as
follows:
Beginning at a point where the Worthern Right-of-
Way line of Jurgen Court intersects the Western
Right-of-Way line of Raynor Drive as shown on
Subdivision Plat of Glenwood, Phase 5B, Section 1A;
thence from said point of beginning along the
Western Right-of-Way line of Raynor Drive N 411 001
3811 W 89.40 feet to a point of curvature; thence
along a curve to the right having a radius of
150.00 feet and an arc length of 0.47 feet to a
point; thence N 681 151 4711 E 20.29 feet to a
point; thence along a curve to the left having a
radius of 190.19 feet and an arc length of 86.08
feet to the point of beginning. Said parcel
containing 0.013 acre.
ECTION II
A certified copy of this Ordinance shall be filed in the
Clerk's 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.
GPIN: 1474-29-7390
Adopted by the council of the city of Virginia Beach,
Virginia, on this 9 day of August 1994.
APPROVED AS TO CONTE'ITS
SIGNATUIZE
DEPARTMENT
APPROVED AS T- LEGAL
',zU-rFICIENCY AND FORM
CITY ATTC(RNEY
2
ro
Orr
TATE TERRACE REALTY INVESMRS, INC.
Closure - Raynor Drive
K @ sville Borough
3 A I )A 0
V3H@ 1130
Ix
C3
d r)o,)
cr
E5
SI-IUTTLFWORTH, RTJLOFF, GioRDA-No & KAHLE, P.C.
@'kTTORNFYS AND COUNSELORS AT LAW
J..ITH M. C.ML. C013PORATE CENTER OF WU@@S.L
ST-@ J. D@,@@
GR@Ry A. G@OR.A@O 4425 CIORPORATION LA@E R@c@@ D. Guy
P@-i S. TR..LK J..
R.BnRT J. HA.D@D VIRGINIABEACH, VIRGINIA 23462-3103 U@. SENATO.1
JE"REY B. HAMMA.@
DouG@s L. Ho..s.,
Douo"s E. KA.LE TEL.PHONE; 1804,611 -W(lo
M@y KEAT-0 P.N..$I" OM@.:
K. D.Ay@. L.L,. 1-800-888-@@
RO-T G. MO.E-CK EAL ESTATE @ACSIM@-: 18@l -0 PIL.T H.u@. D.@v.
R. J. Nu@@, 11 .,I'] LO.T@ON & @RPORATE FA@IMIL@: (8@@ S@T. W
L@A P. ODO..- DMECT DIA@. 'q-@O.T N.@@, V@..-@A 23@-I.W
RO@T E. RULO"
T.omAs B. SHU@@@O.TH' 8,3..99.
J@y T. T@@-T FA-I..- 16" .13..15.
C@YL S. Tu@
LA@@ H. WO.D@@, JR,
b, 77.
671-6037
April 1, 1994
David Hay, Esquire
Office of the City Attorney
municipal center
Virginia Beach, Virginia 23456
RE: Title Certification for the Closure of
a Portion of Raynor Drive
Dear David:
This is to confirm that I have examined the records on file
in the Virginia Beach Circuit Court Clerk's Office as of April 1,
1994. Their records reflect that the portion of Raynor Drive
being closed and vacated pursuant to the application of Tate
Terrace Realty Investors, inc. was dedicated to the City in 1992
by virtue of a subdivision plat entitled "Subdivision of Glenwood
Phase 5B, Section lats, recorded in Map Book 225 at page 2. This
is also to certify that the owners of the property adjacent to the
portion of Raynor Drive being closed is Tate Terrace Realty
Investors, Inc. and that upon the closure of the portion of Raynor
Drive described in the attached legal description, title to the
property will revert to Tate Terrace Realty Investors, Inc.
Thanking you for your a this matter.
L
r
RJMlsll
DAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, R. J. NUtter, II, attorney for Tate Terrace Realty
Investors, Inc., being duly sworn, deposes and states:
1. That I am an attorney at law and represent Tate
Terrace Realty Investors, Inc.
2. That on the April 6, and April 12, 1994, notice of
the presenting of the application to close a portion of that
certain street known as Raynor Drive on behalf of Tare
Terrace Realty Investors, Inc., was published in the
Virginian Pilot/Ledger Star, a newspaper of general
circulation in the City of Virginia Beach, virginia as
evidenced by the attached copy of an Affidavit from the
Virginian Pilot/Ledger St
And further the depo
Nutter, ii
Subscribed and sworn to before me this// day of April,
1994.
My commission expires:
- 25 -
Item III-Kl,b.
PUBLIC HFARING ITEM # 38296
PLANNING
Attorney Bruce B. Mills, 210 6]st Street, Phone: 422-2533, represented the applicant
Upon iwtion by Councilman Branch, seconded by Vice Mayor @essoms, City Council APPROVED the
Application of RODNEY L. MILLS for a Variance to Section 4.4(b) of the Subdivision Ordinance which
requires all lots created meet all requirementv of the City Zonirig Ordinance
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivivion Ordinance, @ubdivivion for Rodney L. Mills.
Proeprty is located on the south side of 9th 5treet, west of Arctic Avenue
on Lots l@, 14 and 16, Block 16, ,;hadow I,awri lieights. VIRCINL4
BEACH BOROII(;II.
7he following condition shall be required:
7he applicarit volunteers to adhere to the Shadowlawn Infill Development
Guidelines and to work with Planning staff and the Design Advisory
Group prior to makirig application for a building permit to ensure that
the new dwellirigs are aesthetically pleasing and integrated into the
character of the neighborhood.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M. Henley, I()uis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K llarker, Vice Mayor William D.
Sessoms, Jr. and Iouisa M. Strayhorri
Council Members Voting Nay:
None
Council Members Absent:
None
August 9, 1994
26 --
PUBLIC HFARING ITEM # 38296
PLANNING
Herb Culpepper, 1753 Indian River Road, Phone: 426-6111, the applicant. Although the parcel contains
30.33 acres, portions of same are utiderwater, fhus the actual acreage would be 16 acres of well drained
soiL
Upon motion by Council Lady Ilenley, seconded by Councilman Baum, City Council re the applications
of HERBERT A. CULPEPPER ALLOWED WITHDRAWAL of a Variance to Section 4.4.(b) of the
Subdivision Ordinance AND, APPROIED, AS AMENDED the Conditional Use Permit.'
Appeal from I)ecisions of Administrative Officers in regard to certain
elements of the @ubdivisiori Ordinance, @ubdivision for flerbert A.
Culpepper. Property is located al the southeast (orner of Munden Road
and Pefley Lane. l'UN(l@o BOROUCII.
ORDINANCE UPON APPLICATION OF HFPBERT A. CUIPEPPER
FOR A CONDITIONAL USE PII?MIT FOR @ 3 SIN(;LE FAMILY
DWELLIN(I's IN 'FIIF AGRICULTURAL DI@'QRfCT R08941908
BE [THEREBY ORDAINFI) BYfIlF COUNCII, 01@'77II,' CITY OF 117RGINL4 BEACH, VIRGINIA
Ordinance upon application of Ilerbert A. Culpepper for a Conditional
Use Permit for-61 single family dwellings in the Agricultural District on
certain property located al the southeast corner ()f Munden Point Road
and Pefley Lane. @aid parcel containv 30.33 a(rcs. PUNCO BOROUCH.
Ihe following conditions shall be required:
1. Erosiort and scdiment control measures must be noted and
described for any land disturbance, exceeding 2500 square feet,
on the site, development plan.
2. !he submitted preliminary subdivisiori plati shall be developed
pursuant to the @outhern Wateryhedv Management Ordinance.
3. All vegetative buffcrs required pursuant t@) this use permit Vhall
be planted prior to occupancy.
77ie Ordinance shall be effective in accordance with Section 107 (o of the Zoning Ordinance.
Adopted by the Council of th(, Cit-v of Virginia Beach, Virgiiiia. oii the Ninth of August, Nineteen Hundred
and Ninety-Four.
August 9, 1994
- 27
e I
PUBLIC HEARING ITEM # 38296 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Littwood (). Brarich, III, Robert K Dean, William W.
Harrison, Jr., Barbara M. Hedey, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker, Vi(-e Mayor William D.
Sessotns, Jr. and Louisa M @trayhor,,
Council Members Voting Nay:
Non e
Council Members Absent:
Non e
August 9, 1994
28 -
PUBLIC HEARING ITEM # 38297
PL4NNING
Fred V Watkins, Jr., 612 Ca@bria Court, represented the ap[,Iicant
UPOn mofion by Council Lady Strayhor,,, seconded by rice May()r Sessc)ms, City council ADOPTED an
Ordinance upon Applicatioi (,f C. REX SCOTT for a Conditiorial us Perm 't for Ik tora
@ : C I I -o
ORDINANCE Ul'ON AIIPIICA7yoN 01' ( Rf-X S 0 -' I R A
CONDI7'IONAL U,@LPERM17'F()R BUIK S7'ORA(;r,. R08941909
BE IT HEREBY ORDAINED BY 11, COUNCII OI 77j, CI Y OI, VIR(,INIA B C k7RCl
7' l@@ l' I EA 11 VL4
Ordinance upon application of C Rex Scott for a Co,,ditional Use Permit
for bulk Storage at the southwest iritersectiort of Rouse Drive a,,d Price
Street. Said parcel is located at 200 llri(,,, @l;lrect arid c()ntaitis 3.012
acr- KEMPSVII,L],,' BOROU(,'Ij.
The following conditions Yhall I)t- required.-
1. The applicarit must obtain a variance from the Board of Zoning
Appeals to the Category P7 landscape screenz'ng requi.rcment
prior to final site pla,i appr,,val.
The Ordinance shall be effecti,, ill accordaiice with @ection 107 U) of the Zo,,itig Ordinance.
Adopted by the Council of the (-@ity of Virgiiiia licach, Virginia, (,)i the
In - our.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood (). Braiich, III, Robert K Dean, William W.
Harrison, Jr., Barbara M, Ilenley, Louiv R. J()Picv, John D. Mosv, Mayor
Meyera F. Oberndorf, Nancy K Parker, Vice Mayor urilliam D.
Scssoms, Jr. and L(@uisa M. Strayhorti
Council Members Voting Nay:
Non e
Council Members Absent:
None
August 9, 1994
29 -
PUBLIC HEARING ITEAF # 38298
PL4NNING
Stuart A, W""a-, Princ- Anne aid B-ler, represerifed the a,,,,Iica
UP- -tion by C-.ncil strayhorti, --ded by C,,U,,cil,,, M ti
CITY 4
a o"n OFAUG ST23, CitY COU,cil DEFERRED To
j 1994 ' 'h'APPli'lli,,n of QUICK 10 CORPO T
RA tON for
OPD'NANCE UPON APPLICATION (F UICK
FORA CONDITIONAL USE ) Q 10 CORPOR,4TION
PERMIY'I"OR AN,i U7'OMOIIILE,5FRVICE
STATION ANI) CAR WA,@,u
Ordinance
Use Pe-itufpo"r"aanpp"Cation 'f @'ck 10 CorP'Ira"O" fr a Condiion,l
automobill service station atid car -sh on certain
PrOperty located at the southeast C()rner (f 1rillc- Anne Road and
Baxter Road, @id parcel contaifls 28,544 s uare, feet. MP,@IIE
BORou(.Il q KF
Th's deferral will enable the aPp ica,, to dele,
ShOPPing center, as the
concerns ' m Pri ce,. Ane Road, p
,e hall be tio curb cuts frO S om
1 ii,e if h, ,n be P-vided itilrior acces fr the
of the PrOP-ed building and addres., " vy t rolide a detailed rendering
relative water uv(,,
Voting: 11-0
Counc" Members VOting Aye:
John A. Baum, Liriwo(,d 0- Bralch, III, Robert K. Dean, WIliam W.
HarrisOn, Jr., Barbara M Henle.y, iouis R. jo es, John D. Moss, may,,r
Meyera E ob@-dIrf, Nancy K Parker, r/ I,,c, M,,y, 4,11i m D.
Sessom,v, ir. and Louiva M. @trayhorri a
Council Members Vti,,g Nay:
None
COuncil Members Absent.-
Non e
August 9, 1994
30 -
PUBLIC HEARING ITEM # 38299
PL4NNING
L Recse Smitlb President - Reese %ith Associates, 4663 flaygood Road, Suite 201, Phone: 363-8632,
represented the applicant.
Upon motion by rice Mayor Sessoms, seconded by Council Lady @';Irayhorn, City Council ADOPTED an
Ordinance upon Application of LYNN, LTD., fc)r a
OP,DINANCE UPON APPLICA 77ON OF LYNN, L TD. ],'OR CILINGE
OF ZONIN(, DISTRICT CIA,NIFICATION I"ROM R-10 TO B-4
Z08941428
BE ITHEREBY ORDAINFD BY 77IF COUNCIL OF 77IL'Cl'[Y OF VIRGINL4 BF-4CH, WRGINL4
Ordinance uport application of Lynn, Ltd. for a Change of Zonilig District
Classification from R-10 Residcntial District J() B-4 Resort C()mmercial
District south of Shore Drive beginning at a poitit 350 feet more or less
east of Vzsta Drive. 7-he proposcd zt)nifig clasvification change to B-4
Resort Commercial District is for retail and commercial services to serve
the needs of the resort area and multiple family development at a density
no greater thaii 36 units per acre. Said parcel is located at 3249 Shore
Drive and contaiiis 2.85 acres. LYNNIL4VPN I?OROUC,[I.
7he following condition shall be required:
1. An agreement ericompassing proffers shall be recorded with the
Clerk of the@ Circuit Court and is, hereby made a part of the
record,
7he Ordinance shall be effective in accordance with @(@ctioii 107 (f) of ihe Zoning Ordinance.
Adopted by the Council of the Cit.v of Virginia Beach, Virgiiiia, oii thc
in -Four
August 9, 1994
- 31 -
Item III-KI.f,
PUBLIC HEARING ITEM # 38299 (Cotitinued)
PLANNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Robert K. Dean, Barbara M.
Henley, Louis R. Joncs, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K Parker, flice Mayor William D. 5essomv, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
Non e
Council Members Abstaining:
Wzlliam W. ]larrison, Jr.
Council Members Absent:
Notte
Councilman Harrison ABSTAINED as he hav represented tlle ()wner ()f the property.
August 9, 1994
PROFFER AGREEMENT
THIS PROFFER AGREEMENT, made this @ day of May, 1994.
by and between LYNN, LTD. and/or assigns (hereinafter referred to as
"Contract Purchaser'), a Virginia corporation, VIRGINIA BEACH
FEDERAL SAVINGS BANK (hereinafter referred to as -Owners'), and the
CITY OF VIRGINIA BEACH (hereinafter referred to as the "City"), a
municipal corporation of the Commonwealth of Virginia;
WHEREAS, Owners own those certain parcels of land
(hereinafter sometimes referred to as the 'Land') situated in the
City, comprising, in the aggregate acres, more or less, as
shown on plats or map attached hereto as Exhibit A and incorporated
herein by reference (the 'Property'). Owners have contracted to
sell the property to contract Purchaser conditioned upon the
hereinafter mentioned rezoning; and
WHEREAS, Owners and Contract Purchaser (hereinafter
collectively referred to as the 'Profferers') have applied to the
City for a conditional amendment to the Zoning Map of the City in
order to change the zoning classification of the property from R-10
Residential District to B-4 Business District; and
WHEREAS, the City's policy is to provide only for the
orderly development of 1and for various purposes through zoning and
other land development legislation; and
WHEREAS, Profferers acknowledge that certain reasonable
conditions governing the use of the Land for the protection of the
-1-
adjacent Properties and the community a$ a whole that are not
generally applicable to comparable land similarly zoned are needed
to resolve the problems which might otherwise be created by the
City's approval of the rezoning application of the Profferers; and
WHEREAS, the Profferers desire to voluntarily proffer,
as part of the proposed amendment tO the Zoning Map with respect to
the property. the hereinafter mentioned reasonable conditions
relating to the physical development and use of all the Land to be
adopted as a part of said amendment to the Zoning Map relative to
the property which has a reasonable relation to the rezoning and the
need for which is generated by the rezoning.
NOW, THEREFORE, THIS PROFFER AGREEMENT WITNESSETH THAT:
The Profferers, for themselves, and their heirs,
personal representatives, successors, assigns, grantees and other
successors in title or interest, voluntarily and without any
requirement by or action from the City or its governing body and
without any element of compulsion or quid PrO quo for zoning,
rezoning, site plan. building permit, or subdivision approval,
hereby makes the following declaration of conditions and
restrictions which shall restrict and govern the. physical
development and use of the Land and hereby covenant and agree that
this declaration shal:l constitute covenants running with the Land,
which shall be binding upon the Land and upon all parties and
persons claiming by, through or under the Profferers or their heirs,
personal representatives, successors, assigns and other successors
in interest or title:
1) The property shall only be used for residential
uses permitted under the B-4 zoning classification.
- 2 -
The above conditions, having been proffered by
Profferers and allowed and accepted by the City as part of the
amendment to the zoning ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Land
and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the zoning ordinance ven
if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised zoning ordinance
until specifically repealed. The conditions, however, may be
repealed, amended, or varied by written instrument recorded in the
CI erk' s Off ice of the Circuit C ou rt of the Ci ty, and execu ted by the
record owner of the Land at the time of recordation of such
instrument, provided that said instrument is consented to by the
City in writing as evidenced by a certified copy of an ordinance or
a resolution adopted by the governing body of the City, after a
public hearing before the City which was advertised pursuant to the
provisions of Section 15.1-431 of the Code of Virginia, 1950, as
amended. Said ordinance or resolution shall be recorded along with
said Instrument was conclusive evidence of such consent, and if not
so recorded, said instrument shall be void.
All reference hereinabove to R-10 and 8-4 Districts and
to the requirements an@ regulations applicable thereto refer to the
Comprehensive Zoning Ordinance and Subdivision Ordinance of the
City, in force as of the @3 day of @icts)l , 1994, which are by this
reference incorporated herein.
3-
Profferers further covenant and agree that:
(a) The Zoning Administrator of the City shall be vested
with all necessary authority, on behalf of the governing body Of the
CitY, to administer and enforce the foregoing conditions and
restrictionS, including the authority (i) to order, in writing, that
any noncompliance with such conditions be remedied, and (ii) to
bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or proceeding;
(b) The failure to meet all conditions and restrictions
shall constitute cause to deny the issuance of any of the required
development permits as may be appropriate;
(c) If aggrieved by any decision of the Zoning
Administrator made pursuant to those provisions, Profferers shall
petition the governing body of the City for the review thereof prior
to instituting proceedings in court; and
(d) The Zoning Map may show by an appropriate symbol
thereon the existence of conditions attaching to the zoning of the
property. and the ordinances and the conditions may be made readily
available and accessible for public inspection in the office of the
Zoning Administrator and in the Planning Department, and they shall
be recorded in the Cle:rk's Office of the Circuit Court of the City
and indexed in the names of the Profferers and the City.
WITNESS the following signatures and seals:
LYNN, LTD
BY*' (SEAL)
-4-
VlRGINlA BEAC@ FEDERAL SAVINGS BANK
8, (SEAL)
ClTY OF VIRGINIA BEACH
By (SEAL)
STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this @ day of 1994, by
on be half of Lynn, Ltd-
My Commission Expires:
STATE OF VIRGINIA, CITY OF to-wit:
The foregoing instrument was acknowledged before me
this @S@day of 1994, by T
on behalf of Virginia Beach Federal Savings Bank.
My Commission Expires@ 7Y
STATE OF VIRGINIA, CITY OF VIRGINIA BEACH. to-wit:
The foregoing instrument was acknowledged before me
this - day of . 1994 by
9 on behalf of the City of Virginia Beach.
MY COmmi$Sion Expires:
-6-
(Y
CL
cr)
05
6
CO
Li
m
< (N
LLJ
w
< <
CY
<
,!<
CO
CO
- 32 -
Item III-KI.g.
PUBLIC HEARING ITEM # 38300
PLANNING
Correspondence dated August Z 1994, from R. M. McGinnis - McGinnis Realty and Development
Company, 968 South Oriole Drive, 5uite 208, requesting an additional deferral of Ninely Days, is hereby
made a part of the record. 7his Deferral is requested as a result of the "Water Emergency" declared by
City Council on July 15, 1994, in which new guidelines for well permits will be required in order to
obtain subdivision approval
Upon motion by Councilman Dean, seconded by Councilman Ilarrison, City Council DEFERPED FOR
NINETY (90) DAYS the Ordinance upon application of McGINNIS REALTY & DEVELOPMENT
COMPANY for a C-ha!zge of Z(@ning District Classificatiori:
ORDINANCE UlON APPLICA77ON ()il' McGINNII; RF-NTY &
DEVELOPMENI'COMPAAIY FOR A CIL4N(;],,' OF ZONINC@ I)I,,;TRICT
CLASSIFICA77ON RROM R-20 TO R-75
Ordinance ulyon application of McGinnis Realty & Development
Company for a Change of Zoning District (@'lassification from R-20
Residential District to R-75 Residential District on the east side of
General Booth Iloulevard, 292.18 feet s(@uth of Red Mill Boulevard. 7he
proposed zonirig classification change to R-75 is for single-family
residential land use on lots no less than 7,500 square feet. 7he
Comprehensive Plari recommerids use of this parcel for suburban medium
density revidential at densities that are compatible with single -family use
in accordance with other plan policies. ';aid p(ir(,el coritains I 1. I acres.
PRINCE,5,@ ANNP,' BOROU(,IL
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Rob(,rt K Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jolies, John D. Moss, Mayor
Meyera E. Oberridorf, Naricy K I'arkcr, @ice Mayor William D.
Sessoms, Jr. and I,ouisa M. Strayhoril
Council Members Voting Nay:
None
Council Members Absent:
None
August 9, 1994
33 -
t
pUBLIC HEARING ITEM # 38301
PL,4NNING
Attorney John Richardson, 2101 Parkv Avenue, Phone: 422-4700, represented the applicant
Upon motion by Councilman Jones, seconded by Councilman Baum, City Council ADOPTED an
Ordinance upon application of McDONALD NURSERIES OF l,7RGINIA BEACH for a Conditional
Change of Zoning District Clavvification:
ORDINANCP, Ul'ON APPLICATION OP'McD()NALI) NUR@@ERIES OF
117RC,INLI BEACII FOR A CONDI-flONAL CIL4NCE OF ZONINC,
DISTRICT CIAS,@IFICA7'ION FROM R-15 7'0 B-2 Z08941429
BE IT HEREBY ORDAINED BY 77IF COUNCII, Op'Tlll,,'CIIY OF VIR(;INIA BEACII, l,7RGINL4
Ordinance upon application of McD(@nald Nurseries of Virginia Bcach for
a Conditional Change of Zoning I)istrict ("lassificatiort from R-15
Residential I)istric-I to B-2 Community Development District on property
located 34Z50 feet east of Independence Boulf-vard beginning at a point
510 feet more or less iiorth of Wishart I?oad. Ihe propoved zoning
classificatiort change to li-2 is for commercial land use. The
Comprehensive I'lan recommends use of thiv parcel f()r suburban low
density residential al densities that are compatible with single-family use
in accordance with other I'lan policies. @aid parcel is located at 1144
Independcnce lioulcvard and contairis 1.2 acres. IfAY,5IDE BOROUCfl.
The following condition shali be requircd:
1. An agret!met7t encompassing pr(@ffers shall be rec()rded with the
Clerk of the Circuit Court and i,@ heret) @ made a part of the
record.
Ihe Ordinance shall be effective irt acc(@rdance with Section 107 Y) of the Zoning Ordinance.
Adopted by the Council ()f th(, Cit.v of @irginia Beach, rzrgiiiia, oii the nth (, Au uvi Nineteen Ifundred
an in - our.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, Ill, Robert K Dean, William W.
Harrison' ir., Barbara M. Ifenley, Louis R. Jories, John D. M()ss, Mayor
Meyera E. Oberndorf Nancy K Parker, rice Mayor William D.
Sessoms, Jr. and l,ouisa M. .5trayh(,rn
Council Members Voting N@,,
None
Council Members Absent:
None
August 9, 1994
Cit@ c)-f -Vii-igi@iek IE3@ekc:@
INTER-OFFICE CORRESP014DENCE
In Reply Refer To oLr File No. DF3693
DATE: August 3, 1994
TO: Leslie L. Lilley DEPT: City Attorney
FROM: Gary L. Fentress DEPT: City Attorney
RE: McDonald Nurseries of Virginia Beach, Inc.
Proffer Agreement
Council Action Date: August 9, 1994
Enclosed is a copy of the proffer agreement submitted by the
referenced applicant. The agreement is acceptable as to legal
form.
GLF/rab
Enclosure
F VIRGINIA BEACH, INC,
D MMSER'ES 0
nia Stock qorporation
a virgi
TO: @COVENANTS AND CONDITIONS)
CITY 0-F V- of
a MuniciP rginia
the Commc
d
this day If April, 1994, by an
THIS AGpi@T, made
CH, TNC. , a Virginia
between NURSERIFS OF VIRGINIA BEA TOR", and
stock corporationt hereinafter tc) be indexed as "GRAN
EDMON IjAWyTNS and THELMA HAWKINS, Husband and Wife, hereinafter to
V IN
b. indexed as "GRANTOR", Of the one part, and CITY OF
of the Cormonwealth of Virginia,
a municipal corporation
hereinafter to be indexed as "GRANTFE" of the other part;
WITNESSETH THAT:
has initiated an amenciment to the
WHEREAS, the Grantor , by petition of
zoning Map Of the city of Virginia Beach, Virginia
the Grantor addressed to the Grantee, so as to rezone the Grantor's
property f,o, R-15 Residential District tO B-2 Community BusinesS
District, containing one (1) acre, more c)r less, in Bayside
Boro,gh, in the CitY of Virginia Beach, Virginia; said property
being referred to hereinafter as "the property," and described as
follows: piece or parcel of landt situate
All that certain tract, -
ille Magisterial District in the CoUntY Of
in KemPsv articularly bounded
princeSS Ann@, Virginia, and more p
and described as follows:
ING on the Bay shore Road at a point where the
BEGINN tv of the Methodist Fpiscopal
southern line of the proper . --Parsonage Tract, "
Church, south, now kn6wn as the pin; and
intersects the Bay Shore Road, marked by a the
thence North 22 degrees 30' East along
running one Hundred Seventy-
sid "O@d more or
southeasterly line ot the dthr, (149.52') feet,
nine and FiftY-twO Hundr a: thence North 60
less, to a point marked by. a P:LP- @six and and Ninety-
Hundred Thirty-
d more or less, to a point
t feet, rees 30' West, Two
North 60 deg . t, to
one-hundredths (222.1'.). fee .n;
rviate Road, marked i3y a pi
line of a p Ione Hundred seventy-,,ne
degrees 00, West the line C)f the said
edths feet along ; thence South 50
a point marked by a pipe and thirty-four-
ne Hundred Thirty-,ne
degre to a point marked by a pipe;
hundi West, Two Hundred Forty-eight
thenc f eet to a point marked by a
and : ees 15' East, Twenty-five and
pipe@
GPIN NO- 1478-57-3396-0000
-1-
Seventy an(f'.four-hundredths (25.74') feet to a point
marked by :I- st6ne; thence 70 degrees 151 East, Two
Hundred Fotirteen and five-tenth (214.5') feet, more or
less, to ii'.point marked by a pipe; thence North 19
degrees 451'East, Two Hundred Thirty-four and Ninety-six
hundredths (@34.961) feet, along the Easterly line of the
"Parsonage Tract" to a point marked by a pipe; thence
South 58 decrees 15' East, Three Hundred Ninety-two and
Seven-tenth@ (392.7') feet, along the Southerly line of
the Parsonage Tract to a point in the line of said Bay
Shore Road,..'marked by a pipe; the POint of beginning
aforesaid:,Containing Three and Seven-tenth (3.7) feet,
all as shown on that certain plat of the "Property of
Edmon Hawkins Located in Bayside-Princess Anne County,
Va., made bk W.B. Gallup County Surveyor, May 18, 1950.
"The said plat is to be recorded along with this deed as
a part hereof."
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including those
purposes referred to herein, through zoning and other land
development legislation and
WHEREAS, the Grantor acknowledges that in order to
recognize the effects of change, and the need for various types of
uses, including those uses referred to herein, certain reason,ble
conditions governing the use of the property for the protection of
the community that are not generally applicable to land in the B-2
Community Business zoning classification are needed to cope with
the situation which the Grantor's proposed development gives rise
to; and
WHEREAS, the Grantor has voluntarily proffered in
writing, in advance of and prior to the public hearing before the
Grantee, as a part of the proposed amendment to the Zoning Map, in
addition to the regulations provided for in the B-2 Community
Business zoning district or zone by the existing over-all zoning
ordinances, the following reasonable conditions related to the
Physical development and operation of the property to be adopted as
a part of said amendment to the new Zoning Map relative to the
property described above, which have a reasonable relation to the
rezoning and the need for which is generated by the rezoning and
proposed develor-,ent; and
WHEREAI-, said conditions having been pro4.fered by the
Grantor and allowed and accepted by the Grantee as a part if :he
amendment to the zoning ordinance, such conditions shall continue
-2-
in full force and effect until a subsequent amendment changes the
zoning on the property covered by such conditions; provided,
however, that such conditions shall continue despite a subsequent
amendment if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised zoning ordinance,
unless, notwithstanding the foregoing, these conditions are amended
or varied by wri iten instrument recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the r.ecord owner of the subject property at the time of
recordation of such instrument; provided, further, that said
instrument is consented to by the Grantee in writing as evidenced
by a certified copy of an ordinance or a resolution adopted by the
governing body of the Grantee, after a public hearing before the
Grantee advertised pursuant to the provisions of Code of Virginia,
Section 15.1-431, which said ordinance or resolution shall be
recorded along with said instrument as conclusive evidence of such
consent;
NOW, THEREFORE, the Grantor, for itself, its personal
representatives,,assigns, grantees, and other successors in title
of interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and,without any element of
compulsion or =g for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby makes the
following declaration of conditions and restrictions as to the
physical development and operation of the subject property and
governing use thereof and hereby covenants and agrees that this
declaration shall constitute covenants running with the said
property, which shall be binding upon the property and upon all
parties and persons claiming under or through the Grantor, their
heirs, personal representatives, assigns, grantees and other
successors in interest or title, namely:
The following shall be substantially adhered to; however,
further reasonable conditions may be reasonably required by the
Grantee during detailed site plan review and administration of
applicable city codes by cognizant city agencies and departments,
-3-
including the city arborist, to meet all applicable city code
req.uirements:
There shall be Category VI screening where the property
abuts adjacent 'esingle family residential districts along the
eastern side of the subject property, abutting that certain parcel
now or formerly by Reed Associates.
Vehicular access to and from the property shall be solely
from Independenc@'e Botlevard through the existing entrance to the
McDonald Nursery and no additional ingress/egress shall be
permitted. There shall be a one foot "no ingress/egress" easement
along the entire eastern property limits.
All interior lot lines shall be vacated.
The property shall be restricted to the following uses
and structures and uses and structures which are clearly incidental
to or subordinatle thereto: Greenhouse and tree, shrub and plant
nursery and retiil sales of trees, shrubs, plants and nursery
items, garden supplies, accessories, equipment, materials, and
other garden center merchandise such as clothing, furniture, books,
gifts, ornamentsi,Christmas gifts, and storage facilities for the
foregoing and necessary parking therefor and for the adjacent
property of the Grantor which shall, by vacation of the interior
lot lines, becom'e a part of the property.
It is recognized that further reasonable conditions may
be reasonably required during the administration of applicable city
ordinances and that there will be detailed site plan review to meet
all applicable city codes, and that further reasonable conditions
may be reasonably required during the administration of applicable
city ordinances.
All references hereinabove to requirements and
regulations applicable thereto refer to the Comprehensive Zoning
Ordinance of the City of Virginia Beach, in force as of Aoril
1994, which is by this reference incorpo--ated herein.
The Grantor covenants and agrees that (1 ) the Zoning
Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary @-thori-- on behalf of the gover,-@ng body
-4-
of the City of vi@ginia Beach, Virginia, to administer and enforce
the foregoing conditions, including (i) the ordering in writing of
the remedying of any noncompliance with such conditions, and (ii)
the bringing of legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction,
abatement, damages or other appropriate action, suit or
proceedings; (2) the failure to meet all conditions shall
constitute cause, to deny the issuance of any of the required
building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant
to the provisions, the Grantor shall petition to the governing body
for the review thereof prior to instituting proceedings in court;
and (4) the Zoning Map may show by an appropriate symbol on the map
the existence of conditions attaching to the zoning of the subject
property on the map and that the ordinance and the conditions may
be made readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the name of Grantor and Grantee.
WITNESS the.following signatures and seals.
McDONALD NURSERIES OF VIRGINIA
BEACH, INC.
Bv
Ed ie Anderson, Pres nt
EDMON HAWKINS
LMA HAWKINS
STATE OF VIRGINIA
CITY OF VIRGINIA
J, a Notary Public for the
State of Virginia at Large, do hei*by certify that Eddie M.
Anderson, President of McDonald Nurseries of Virginia Beach, Inc.,
whose n4qe is signed to the foregoing instrument bearing date on
the o?Y day of April, 1994, has acknowledged the same before me
in the City and State aforesaid.
-5-
Given @under my hand this day Of April, 1994.
Notary Public
My Commission Ex pires:
STATE OF VIRGINIA
CITY OF VIRGINIA"BEACH, to-wit:
3:, Notary Public for the
State of Virg do hereby certify that Edmon Ha,ki,,
and Thelma Hai and wife, whoslZW are signed to the
foregoing instrument bearing date on the
.y of April, 1994,
have acknowledged the same before me in the City and State
aforesaid.
Given under my hand this dy of April, 1994.
My Commission Expires:
-6-
- 34 -
item iii-L. 1.
APPOINTMEArTS ITEM # 38302
BY CONSENSUS, City Cou,,cil RESCHEDULED the followirig APPOINTMENTS:
ARTS AND HUMANITIES COMMISSION
PLANNING COUNCII,
TR4NSPORTATION SAFETY COMMISSION
117RGINL4 BEACH CRIME TASK FORCE
VML - HUMAN DETIELOPMENT COMMITTEE
I'ML - PUBLIC SAFETY COMMI7TEE
August 9, 1994
- 35 -
Itcm III-L.2,
APPOINTMENTS ITEM # 38303
Upon NOMINATION by rice Mayor @essoms, City Council
PUBLIC LIBP,4RY BOARD
REAPPOINTED
R. Patrick Deans
Heather M. Malaby
AND, APPOINTED
Susan Shaw Halbert
Susan L. Goranson
Rhonda G. Mealy
Laura H. Tebault
3-Year Terni
911194 - 8131197
Voting: 11-0
Council Members Voting Aye.-
John A. Bauni, Linwood 0. Branch, III, Robert K. Dean, Wzlliam W.
Harrison, Jr., Barbara M. Henley, Loui.Y R. Joiies, John I). M(?ss, Mayor
Meyera @,. Oberiidorf Nancy K I'arker, Vicc Mayor William D.
Sessoms, Jr. and louisa M. ,;Irayhoril
Council Members Voting Nay:
None
Council Members Absent:
None
August 9, 1994
35a
APPOINTMENTS ITEM # 38303a
UP- NOMINATION by rice Mayor,5esvoms, City (,ouncil RIAPPOIN'fEj):
WETLANDS BOARD
James 0. Hertz
5-year term
1011194 - "olgg
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linood 0. Ilratch, III, Robert K. Deart, urllliam W.
Harrison, Jr., Barbara M. flenley, Louiv R. J(Ines, John D. Moss, Mayor
Meyera E. Oberridorf, Nancy K Parker, Vic(@ Mayor William D.
Sessoms, Jr. and Louiva M. ';Irayhort,
Council Members Voting Nay-,
Notie
Council Members Absent:
None
August 9, 1994
36 -
te
UNFINISHED BUSINESS ITEM # 38304
ADD-ON
Councilman Baum referenced his correspondence to the Ilirginia Wildlife Federation, Ihe Audubon
Society and the Sierra Club regarding their support of North Carolina's position concerning Lake
Gaston. Replies from these organizations are hereby made a part of the record, and will be available to
City CounciL The Audubon Society advised their pleasure to assist the Lake Gaston pipeline efforts. 7he
Sierra Club and National Wildlife, Federatioii have itot chaiig,,d their positioit.
August 9, 1994
37 -
UNFINISHED BUSINESS ITEM # 38304
ADD-ON
Councibnan Moss referenced his correspondence to members of City Council of August 9, 1994, relative
the issue of Reapportionment. A legislative schedule should I)c established to decide the issue.
BY CONSENSUS, City Couticit SCHEDULED PUBLIC HEARINGS re REAPPORTIONMENT.-
City Couticil Sessions
Septeniber 13, 1994
September 27, 1994
(Aese Public Ifearings shall be placed und(,r UNFINI,@IIFI) BUI;INE&5)
City Council shall schedule the aiinouncement ()f altcrtiatives and the vote at a later date.
August 9, 1994
- 38 -
UNFINISHED BUSINESS ITEM # 38305
ADD-ON
Councilman Dean referenced the newv article in the VIRGINL4N-PILOT by Alex Marshall relative legal
fees re Lake Gaston. These fees were incorrectly reported as $6 112-MILLION. 7he legal fees were
slightly aver $5-MILLION- Councilman Dean submitted the (@orrection to Alex Marshall.
August 9, 1994
- 39 -
UNFINISHED BUSINESS ITEM # 38306
C ..... c" Sessiln 'If June 1 @94, F@g Day, the D,4uGmrERs
pre,ve)
Capitc.
Cha,p
"ew flog Pole with a neK,
August 9, 1994
- 40 -
Item 111-M.5.
UNFINISHED BUSINESS ITEM # 38307
ADD-ON
Mayor Oberndorf referenced the Nation's Cities Weekly article ()f August 8, 1994, entitled "City Flags
Brighten Hallways at HUD and Portland Program Rewards Good Ideas.
HUD Secretary Henry Cisneros has requested at each entrance to the IIUI) offi-ce building in Washington,
D.C flags representing cities and towns from across the country hang on the walls. HUD encourages
more municipalities to send in flags, which serve as an identification symbol for out-of-town visitors to
the building. Mayor Oberndorf advised Krig@ia Beach's flag i.% d(,picied in the article.
Mayor Oberndorf also referenced Mayor Katzs cash iticentive program in Portland, Oregon, encouraging
City employees to develop ideas to save taxpayer dollars. Mayor Oberridorf requested Public Information
become more proactive in publicizing the good newv with regard to Virginia Beach's employee incentives.
Many of these accolades are applicable to Virginia Beach, but the City has not made them public.
August 9, 1994
41 -
t m
NEW BUSINESS ITEM # 38308
Lou Pace, 1908 Hunts Neck court, Ihone; 468-0925, spoke iri SUI'PORT of the Ordinance.
A motion was made by Councilman Mo@, seconded by Couticil Lady Parker to ADOPT an Ordinance
to ELIMINATE auto allowances for Constitutional ()fficers- @aid MOTION was WITHDR4WN.
Upon motion by Council Lady Ifenley, seconded by (,ouricilmin kfoss, City Council DEFERRED TO
CITY COUNCIL SESSION OF AUGUST 23, 1994:
Ordinance to ELIMINATE auto allowance for (,@opistitutional ()fficers.
77zis deferral will enable prescritation of information regarding the amount of in-town travel this auto
allowance for Constitutional Of)7cers would replace and iticludc the Clerk ()f the Circuit Court in the
consideration.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, 111, Rob(-ri K. Dean, , Barbara M.
Henley, Louiv R. Jones, John D. Moss, MaA@or Meyera E. Oberndorf,
Nancy K I'arkcr and @ice Mayor William D. Sessoms, Jr.
Council Members Voting Nav.
William W. Ilarrivon, Jr. and l,ouiva M. @travhorn
Council Membcrs Absent:
None
August 9, 1994
42
ADJOURNMENT ITEM # 38309
May- Ob-dorf DEC"MD th, Clfy Co."lil M,,Ii,,g ADJOURNED t 5:45 P.M.
Chief Deputy City Clek
--------------------------
Meyera I,,. Oberridorf
Mayor
CitY Of Virginia Beach
Virginia
August 9, 1994