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APRIL 25, 1995 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At Large VICE MAYOR WILLIAM D SESSOMS JR At Large JOHN A BAUM, Blackwater Borough LINWOOD 0 BRANCH Ill V, rgzma Beach Borough ROBERT K DEAN, Pnncess Anne Borough W W HARRISON, JR Lynnhaven Borough HAROLD HEISCHOBER At Large BARBARA M HENLEY Pungo Borough LOUIS R JONES, Bays~de Borough NANCY K PARKER At Large LOUISA M STRAYHORN, Keraps'mlle Borough JAMES K SPORE Czty Manager LESLIE L LILLEY Cttv Attorney RUTta HODGES SMITH, CMC / AAE, C*ty Clerk CITY COUNCIL AGENDA April 25, 1995 281 CITY HALL BUILDING MUNICIPAL CENTER 'VIRGINIA BEACH, VIRGINIA 23456 9005 (804) 427 4303 I. WORKSHOP - Conference Room - 1:00 PM ao FY 1995-1996 OPERATING BUDGET and FY 1995-1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM E. Dean Block, Director, Management and Budget II. AGENDA REVIEW SESSION - Conference Room - A. REVIEW OF AGENDA ITEMS B. CITY COUNCIL CONCERNS III. CITY MANAGER'S BRIEFINGS - Conference Room - ae EMPLOYEE SALARY MARKET DATA Fagan Stackhouse, Director, Human Resources Be NORFOLK WATER PLANT EXPANSION Clarence Warnstaff, Director, Public Utilities IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Larry Hinton Mount Zion AME Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS April 11, 1995 G. ADOPT AGENDA FOR FORMAL SESSION H. MAYOR'S PROCLAMATIONS i · · SPECIAL OLYMPICS DAY Robert Miller, P.E., President of Area II BEACH SAFETY MONTH Kenneth Hinnant, Owner, Virginia Beach Life Guard Service David Foxwell, President, Virginia Beach Chapter, U. S. Lifesaving Association I. PRESENTATION i · REVENUE SHARING IN LIEU OF TAXES FOR BACK BAY WILDLIFE REFUGE Congressman Owen B. Pickett J. CONSENT AGENDA The Consent Agenda will be determined during the Informative Session and considered in the ordinary course of business by City Council to be enacted by one motion. K. RESOLUTIONS/ORDINANCES i · Resolution to authorize the City of Norfolk to proceed with the water supply system capacity improvements; and, give notice of same. · Resolution to establish procedures for the administration of excess City real property, a policy for the sale of excess City real property; and, to authorize execution of the referenced documents by the City Manager and the Director of Public Works. · Ordinance to ACCEPT and APPROPRIATE grants totaling 814,056 from the State Department of Environmental Quality to the FY 1994-1995 Operating Budget for the General Services Department re enhancement of the City's Clean Community ProGram; and, the estimated State revenue from the Commonwealth be increased accordingly. Ordinances to ACCEPT and APPROPRIATE to the Department of Social Services FY 1994-1995 Operating Budget; and, estimated revenues to the General Fund for FY 1994-1995 be increased accordingly: a· A $12,200 Grant from the Department of Criminal Justice Services re peer mentoring and peer mediation training; funding for Parents and Teens for Better Bayside; funding for the CARE Youth Leadership Camp; funding for the SprinG Conference of Better BeginninGs. · · b. $7,711 re one full-time eligibility worker to maximize federal and state Medicaid. Ordinance to authorize Tax Refunds in the amount of $2,331.63. Ordinance to authorize License Refunds in the amount of $35,396.90. L. PUBLIC HEARING - PLANNING 7:00 PM 1. PLANNING BY CONSENT - To be determzned during the Information Session · RECONSIDERATION OF CONDITION NUMBERS FIVE, SEVEN AND NINE, AND NUMBER ELEVEN BE ADDED, to the March 26, 1990, Approved Application (WILLIAMS CORPORATION OF VIRGINIA) for a Conditional Use Permit for a borrow pit for SANIFILL, INC., on the West side of Centerville Turnpike, South of Brandon Boulevard (KEMPSVILLE BOROUGH). Recommendation: DEFERRAL FOR TWO WEEKS · RECONSIDERATION OF CONDITION NUMBER FIVE on the December 15, 1992 Approved Application of ROCK CHURCH MINISTRIES for a Conditional Use Permit for a 50-Unit Hom~ for the Aged at 580 Kempsville Road (KEMPSVILLE BOROUGH). Recommendation: DEFERRAL o RECONSIDERATION of the Application of JOHN E. HAWKINS for Variances to the Subdivision Ordinance on Site 14, Little Haven (3009 Little Haven Road) (LYNNHAVEN BOROUGH). ao Section 4.4(b) which requires all newly created lots meet all requirements of the Comprehensive Zoning Ordinance. be Section 4.4(d) which requires all lots have direct access to a public street. Denied: February 14, 1995 Recommendation: APPROVAL · Ordinance for discontinuance~ closure and abandonment in the Petition of LAWRENCE A. SANCILIO, RACHEL V. SANCILIO, LENA SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA, Trustees under the Will of Israel Steingold, (LYNNHAVEN BOROUGH): a· Wagner Street - Beginning at the Southern boundary of Bonney Road and running in a Southerly direction a distance of 1096 feet more or less to the Northern boundary of the Virginia Beach-Norfolk Expressway. be First Street - Beginning at the Western Boundary of Avenue E and running in a Westerly direction a distance of 349.78 feet. Ce Avenue E - Western 25.01 feet, beginning at a point 200 feet South of First Street and running in a Southerly direction a distance of 214.67 feet to the Northern boundary of the Virginia Beach-Norfolk Expressway. Deferred Indefinitely: Deferred for Compliance: Deferred additional 180 days: Deferred additional 180 days: July 6, 1993 September 28, 1993 April 12, 1994 October 25, 1994 Recommendation: ADDITIONAL 180 DAY DEFERRAL · Application of JOHN CLARDY, M.D. for a Variance to Section 4.4.(d) of the Subdivision Ordinance which requires all lots have direct access to a public street at 3424 Litchfield Road, containing 2.8 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL · Application of THOMAS E. FLEMING for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all newly created lots meet all requirements of the Comprehensive Zoning Ordinance at 5504 Parliament Drive, containing 35,910 square feet (KEMPSVILLE BOROUGH). Recommendation: APPROVAL · Application of BARBARA GRAY for Variances to the Subdivision Ordinance re property at 2749 W. Landing Road, containing 1.46 acres (PRINCESS ANNE BOROUGH): Section 4.4(b) which requires all newly created lots meet all requirements of the Comprehensive Zoning Ordinance. be Section 4.4(d) which requires all lots have direct access to a public street. Recommendation: APPROVAL · Application of ST. JOHN'S BAPTIST CHURCH for a Conditional Use P~rmit for a church (expansion) on the East side of Holland Road, 500 feet more or less North of Princess Anne Road (2356 Holland Road), containing 5.02 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 10. Application of CHURCH OF THE REDEEMER, Pastor Wally Odum, for a Conditional Use Permit for a churGh on the Southwest side of Seaboard Road beginning at a point 920 feet more or less Southeast of Bernadotte Street, containing 31 acres more or less (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 11. Application of BEN SOREY AUTO RACING & REPAIR, INC., for a Conditional Us~ P~rmit for the storage or processinG of salvage, scrap or junk on the East side of Sonic Drive beginning at a point 432.43 feet Southeast of London Bridge Road (2724 Sonic Drive), containing 2.9 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 12. Application of QUICK 10 CORPORATION for a Conditional Use Permit for an automotive service facility on the South side of Virginia Beach Boulevard, beginning at a point 195 feet East of Silverbrook Lane, containing 1.587 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL M. UNFINISHED BUSINESS N. NEW BUSINESS · COUNCIL-SPONSORED ITEM: a· Ordinance to establish Ocean Park Beach Sand Replenishment Project #2-998; and, to TRANSFER $400,000 from Citywide Sand Replenishment Project #2-077 to Ocean Park Beach Sand Replenishment #2-998. (Sponsored by Councilman Louis R. Jones) O. ADJOURNMENT * * * * * * * * * * PUBLIC HEARING - CITY COUNCIL CHAMBER PROPOSED OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM/CAPITAL BUDGET FOR FISCAL YEAR 1995-1996 MAY 2, 1995 - 2:00 PM * * * * * * * * * BUDGET/C I P REVIEW SCHEDULE PUBLIC HEARING Tuesday May 02 2 PM Council Chamber FINAL WORKSHOP Thursday May 04 9AM - II AM Council Conference Room BUDGET/C I P ADOPTION Tuesday May 09 2 PM Council Chamber 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) * * * * * * * * * 04/20/95BAP AGENDA\04-25-95.PLN CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE April 11, 1995 B R C H R P E A PAGE I R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N I WORKSHOP A FY 1995-1996 OPERATING BUDGET/ E Dean Block FY 1995/1996 - 2000/2001 CIP D~r Mgt/Bdgt 11/A REVIEW OF AGENDA ITEMS B CITY COUNCIL CONCERNS III/ CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 Y Y A Y Y Y Y Y Y Y Y IV/E SESSION F MINUTES 4 April 1995 APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y G ADOPT AGENDA FOR FORMAL ADOPTED B Y C O N S E N S U S SESSION H PRESENTATION Delegate Robert Tata 1 VIRGINIA BEACH LOCALITY COMMUNI-LICENSE PLATE Robert R Matth~as ,&sst C~ty Mgr Mac Rawls D~r VMSM I/J/1 Ordinance to AMEND Sec 21-421/ ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y 21-422/21-425/21-426/21-429/ BY CONSENT DELETE Sec 21-424 of the Code re tow truck servme/enforcement 2 Ordinance to authorize Agreement ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y between VDOT/the C~ty re BY CONSENT developmentJadm~mst rabon of Independence Boulevard Phase IV-C (CIP 2-219) 3 Ordinance to authorize Lease w~th Beach ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y Quarters Inn LC re use of 22' strip BY CONSENT part of Atlantm Avenue abutbng West s~de of Beach Quarters Inn 4 Ordinance to APPROPRIATE $129,086 ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y from VA Dept of Correcbons to the BY CONSENT Sheriff's Commumty Correchons Budget re support of the Commumty D~vers~on In~babve Program 5 Ordinance to APPROPRIATE 31,850 ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y Grant from NabonsBank to Parks/Rec BY CONSENT Specml Revenue Fund for After-School Programs at 4 add~bonal M~ddle Schools 6 Ordinance to APPROPRIATE 9,070 from ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y State Two-for-L~fe Fund to EMS re BY CONSENT purchase of dehbnllator/data processing equipment 7 Ordinance to authorize TRANSFER $802 ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y from General Fund Reserve to Mental BY CONSENT Health re reimbursement to two C~ty employees for legal fees and expenses ~ncurred ~n defense of theIr ofhcml duties K/1 Resolubon to approve ~ssuance of ADOPTED 9-0 Y Y A A Y Y Y Y Y Y Y Industnal Revenue Bonds by BY CONSENT B Development Authority not to exceed $3M S for office/warehouse ~n behalf of Al-Anon T Family Group Headquarters Inc at Dam A Neck Road/Corporate Landing Industrial I Park (PRINCESS ANNE BOROUGH) N E D L/1/2 FIRST FIUPINO BAPTIST CHURCH APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y CUP church expansion at 2969 Holland BY CONSENT/ Road (PRINCESS ANNE BOROUGH) CONDITIONED CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I B T A S E S R DATE. Apnl 11, 1995 B R C H R P E A PAGE 2 R R H E J N A S Y B A D I O N O D R S H A N E S B L N O K O O AGENDA U C A O E E E R E M R ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N 3 KLINE PROPERTIES CUP bulk storage APPROVED 8-0 Y Y A A Y Y Y Y Y A Y yard (autos only) at 222 Mustang Tra~l BY CONSENT/ B B (LYNNHAVEN BOROUGH) CONDITIONED S S T T A A I I N N E E D D 4 CONTEL CELLULAR INC CUP APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y communications tower at 409 F~rst CONDITIONED Colomal Road (LYNNHAVEN BOROUGH) AS AMENDED 5 R K BUICK INC CUP auto storage at APPROVED/ 8-0 Y Y A A Y Y Y Y Y A Y 2661 V~rg~ma Beach Boulevard CONDITIONED B B (LYNNHAVEN BOROUGH) FOR DISCON- S S TINUANCE T T 1/1/96 A A I I N N E E D D 6 CH&B ASSOCIATES/CAPLAN FAMILY APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y TRUST/FLEDER FAMILY PROFFERS TRUST/THOMAS C and ELAINE M TO BE KYRUS on Holland Road at W~ndsor RECORDED Oaks Blvd (KEMPSVILLE BOROUGH) a Condlbonal COZ from A-12 to Cond~bonal B-2 279 acres b Cond~bonal COZ from B-2 to Cond~bonal B-2 4 1 acres c Conditional COZ from R-7 5 to Cond~bonal B-2 9,7 acres d CUP auto repair 3 5 acres 7 Ordinances to AMEND CZO APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y BY CONSENT a Sections 111/203/901/1521 (c)/ ADD Sec 233 3 re use regulations for Flea Markets b Sections 233 1/1501/1511/1521 re certain eabng/dnnk~ng estabhshments at the Oceanfront M APPOI NTM ENTS SPORTS AUTHORITY OF Appointed 10-0 Y Y A Y Y Y Y Y Y Y Y HAMPTON ROADS Walter J WiIk~ns Unexpired thru 05/31/98 TIDEWATER REGIONAL GROUP Appointed 10-0 Y Y A Y Y Y Y Y Y Y Y HOME COMMISSION Jody M Wagner Unexptred thru 06/30/98 N/O/ CITY COUNCIL-SPONSORED ITEM 1 a Ordinance to AMEND Chapter 6 of the ADOPTED 10-0 Y Y A Y Y Y Y Y Y Y Y Code by ADDING Secbon 6-16 1 re estabhshment of recreabonal swimming area/AMENDING Secbon 6-120 1 re personal watercraft (Sponsored by Councilman W W Hamson Jr) P ADJOURNMENT 4 35 PM MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virgin,a Aprzl 25, 1995 Vice Mayor William D. Sessoms, Jr., called to order the WORKSHOP - FY 1995-1996 OPERATING BUDGET and FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM for the VIRGINIA BEACH CITY COUNCIL tn the Counczl Conference Room, Czty Hall Bmldmg, on Tuesday, April 25, 1995, at 1. O0 P M Council Members Present John A Baum, Robert K. Dean, Barbara M Henley, tlaroM tlelschober, Louis' R J(mes, Nancy K Parker a.d Vzce Mayor Wtlham D. Sessoms, Jr. Counczl Members Absent Mayor Meyera E Obentdorf [EN?'ERED 2 28 P M ] Lmwood 0 Branch, III [ENTERED 1 05 P.M.] William W Harrzson, Jr [FAMILY VACATION] Louisa M Strayhorn [ENTERED 1 17 P M ] -2- WORKSHOP FY 1995-1996 OPERATING BUDGET FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM 1:00 P.M. ITEM # 39070 E. Dean Block, Dtrector- Management and Budget, tntroduced the representatives of the Agencies for short review relative the FY 1995-1996 Operating Budget and FY 1995/1996 - 2000/2001 Capital Improvement Program. Mr Block advised the General Services Department has an overall #;crease of 4.3% with an actual dechne tn the number of postttons General Services began contracting all custodtal servtces at sites outside of the Mumctpal Center begtnntng Januazy 1995 Thts reduced the number of FTE's tn the custodial services unit by a net of 20.4 Persomtel ehmtnated from Custodtal Servtces were placed tnto other vacant positions through the Ctty or rettred As a result of the change to contracted services, an in- house staff of 44 (42 custo&ans and 2 supervisors) maintain the Mumctpal Center's 686,309 square feet. The City has been workhtg with the School System and a consultant to develop a report relative consolidation of services resultutg ttt long term savtngs For FY 95-96, the department began to address the backlog bt tlre General Fund Dtvistons and Grounds Servtces Internal Service Fund unit wtth the #zfusion of $438,250 Major CIP projects to affect General Servtces budget include the expansion of the Martne Science Museum which ts anticipated to add utthttes, landscape and budding maintenance needs, inclu&ng the addttzon of 2 postttozts (1 Mamtena. ce ~ngmeer I/Electrical and 1 Iteatmg and A/C Technician II), begb;ntng January i, 1996, to mamta.t the electrical and heatt.g, venttlatton and air- condittoning systems. As a move to consohdate altd better integrate services, repair of all beach access stairs, whzch encompasses pubhc beaches from the Cherapeake Bay to Sandbrtdge, was transferred from General Services to the purview of Public Works/Beach Management. Costs for landscape matntenance contracts increased J 7% because of rebutdmg major landscape maintenance contracts' for roadways and pump stattons, anttctpated btcreases tit the costs for other contracts to be re-btd durtng FY 95-96, and the addition of four elementary school site contracts Also tmpactmg landscape mamtenance costs for FY 95-96 ts the addttton of roadways and sttes due to the CIP Program, whtch include South Plaza Trail, Pembroke Regional BMP, City View Park, Beach Rescue and Indian Lakes Boulevard, Phase 1. Relative the Capttal Improvement Program, Mi' Block advtsed the first prtortty llt Year One is to relocate the existing Second Prectnct Budding from tt¥ obsolete a~td inadequate quarters to the Beach Service Center &te The second year the amount reflects the relocatton of tire Ftre Statton adjacent to the pohce Station at the Beach Borough Servtces Center Mr Block referenced ProJect 3-038, Various Buildings Rehabilitation and Renewal, and advtsed this project provides for the rehabilitation and renewal of interior and exterior systems for Ctty-owned butldmgs a.d factltt~es General Servtces wtll matntain a backlog hst of systems to be funded through the CIP Mr Grochmal advtsed there are three sets of court renovatton projects The Old Ctrcutt Court ts completed and fully occupted by Parks Adm.ttstratton and Fire The Old Two Story Court Building is completed and occupied by Human Resources 7Yatmng on the first floor, Library Admmistratton on the Second Floor There ts approximately 1,000 square feet on the seco.d floor of the butldmg which ts unoccupted and unrenovated and avatlable for asmgnmettt to a.other Ctty agency. On the north stde of the Court butldtng ts approxtmately a 6,000 square feet portzon ora building, which ts not renovated and avatlable to be occupted. The General Dtstrtct Court Butldmg ts behtnd schedule and wtll not be completed until May and available for occupaltcy The Old Courthouse was not a part of any renovatton project The Department of Museums ts tnterested m thts tbstomc Butldtng, however, funds are not available to hire a consulta, t re restoratton Mr. Grochmal advtsed, relattve the Social Services Building Repair and Relocation, #t formation will be presented during the EXECUTIVE SESSION coltcermng the staff recommendatton Relattve the Fire Department, the fu.dmg provtded ts 5.1% over the FY 1994-95 amount due to the additton of fire program funds tn the Operattons Budget, and to the replacement of two major pieces of fire apparatus Chtef Dtezel advtsed the Fire Department responds to 15,000 calls for service annually In both emergency medtcal and fire calls, the Department maintains a response ttme goal of getttng to the scene wtthin 5 minutes from the recetpt of the dtspatched call Emergency Medtcal Servtces has a great worktng relattonshtp. April 25, 1995 -3- WORKSHOP FY 1995-1996 OPERATING BUDGET FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM ITEM # 39070 (Continued) Chief Diezel advised relattve the proposed Ftre Statton at General Booth Boulevard, the Staff saw a relattve slow down m those growth corrtdors, also thts was m the vicinity of major projects i.e. Oceana, Churchill Downs, expansion of Corporate La.drag As Creeds Statton needed to be replaced and the Beach Borough Ftre Station needed refurbishing, Chief Dtezel suggested Red Mill be placed on hold. Recommended tn the FY 1995-96 Operating Budget ts the replacement of two pteces of major fire apparatus and 6 other vehicles totaling $725,000. Chtef Diezel advtsed hts Ctty Dtsaster Team wouM be returmng from Oklahoma Ctty tomorrow morning. These young men and women have been working twelve hour shtfts under extremely tough conditions. All the traimng tn the worm wouM not prepare them for what they witnessed. Mr Block referenced the Department of Informatton Technology. The funding ts .4% greater than the adjusted FY 1994-95 Operating Budget funding and reflects a reduction of .9 of an FTE and includes funding for an expanded microcomputer replacement program. The Department of Information Technology continues to mtprove the efficte.cy a.d effecttveness of its operattons The total three-year positron reduction has been 18.4 7he departme, t ehmmated the 4381 mainframe computer, whtch reduced cost by approximately $200,000 During thts ehmmat~on, five mainframe applications were converted to a microcomputer platform. The department continues tts bottom-up problem solving approach by using quality tmprovement teams attd techmques Tire department ts implementing a Wide-Area Network, which employs state-of-the art technology, to support high-s'peed remote cotmect~ons for Local Area networks (LANS). Concerns were expressed relattve the Agenda being on the computer rather than hard copy for each Council Member. W R. Smith, bttertm Dtrector, will provide mformatton relative this process, portabdity, the cost and the pros and cons 7brough the b~formatton Technology Commtttee, a Ctty and school team, a jotnt project ts betng investigated Mental Health/Mental Retardation/Substance Abuse ts 2.0% over the FY 1994-95 adjusted operating budget and 19% over the FY 1993-94 actual operating budget. The majortty of expansion in the department ts supported by increases m departmental revenue rather than tncreases tn Ctty support Of the total amount of the tncrease ($2,411,412) from the t'T 1993-94 Actual to the FY 1995-96 recommended Operating Budget, 70% ts supported by att tncrease tn fees and Medtcatd revenue 14% ts supported by att increase tn Federal and State revenue, and 15% by att mcrease tn Ctty funding Dr. James Duffy advtsed relattve the decline bt the number of handtcapped adults for which unemployment has been prevented by provtdtng them wtth adequate job support Many of the handtcapped adults are now able to work compettttvely so the job support ts .ot as great. Tins budget wdl enable the support of an addttional 27 handicapped adults'. Dr. Duff), advised an addtttonal fourteen new positrons are added tn FY 1995-96 to provide MH/MR/.~I tlre flextbdtty to transttto~t tts supported Mental Itealth Residenttal program to a department operated program. Historically, Volmtteers of Amertca has operated the program as a contract agent Because of indemnity and habth(v ~s.~ues, the program can be operated for less money by the Department. The Department wdl use the savlltgs fi'om the co. vers~on to reduce watting hsts at the Beach House. Emergency Medical Services ts recommended for funding at 4% over last year's adjusted level due prtmarily to tlre btcrease tn the Ltfeguard contract, increased maintenance due to the converston to 800 mhz, tncreased utthty costs for the new volu. teer EMS butldmg at the oceanfront and additional equipment replacement Bruce Edwards', D~rector of Emergency Medical Servtces, advtsed the only Ltfe Guard service which #tcreased from last year were the o. es at Sa.dbrtdge attd Little Island Park whzch had an escalating clause Thts increase was approxtmately $4,000 The Convention and Visttor Development Budget wtll allow contl~tuatton of all extstmg servtces tn an effort to reach the goal of estabhshmg tire Ctty ay a destt.atton point for tourists The addtttonal posttton ts the result of convertbtg a full-ttme contractual postt~on to a full-time, permanent positron to provide more rehable clertcal support tn the Spectal Events and Fdm Office. 7he 1995 Sprtng/Summer tourism campaign armed at thts target audtence ts entitled "Ktds Corner" Other markettng efforts' include. A new central reservatton system, a l/irgtnia Beach 30 mt~tute #tformerctal, a regtonal cooperative informercial, a refined "Good Clean Fun", a creative message armed at famthes travehng w~th chtMren. The overall departmental advertising and promotton budget totals $3.1-MILLION for FY 1996, att mcrease of 6 4% over FY 1995. Addtttonal funds have been provided to offset tire increased postage rate Aprd 25, I995 -4- WORKSHOP FY 1995-1996 OPERATING BUDGET FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM ITEM # 39070 (Continued) James B Ricketts, Dtrector of Conventton and Vtsttor Development, advtsed that without advertising, the resort area wouM lose approximately 25 to 30% of tts bustltess Advertising attracts between 500,000 and 600,000 visitors $32.6-MILLION is' the tax revenue gelterated fi'om the tourtsm industry. Relative the Economic and Tourist Development sectton of the CIP, City Council approved the establishment of the Tourtsm Growth Investment Fu.d (TGIF), whtch dedtcates specific revenues to certain projects that are designed to improve our vtsttor tltdustry To fund the TGIF initiative, Counctl (1) removed the sunset provtston a.d increased the tax rate for lodging from 5 0% to 5.5% effective January 1, 1993, (2) removed the sunset provtstolt for the restaurant and meal tax rate of 4.5% (3) expanded the Amusement Tax base to include parttctpatory sporting events effecttve January 1, 1993, and transferred (effective July 1, 1993) all existing amusement tax reve. ues to support the tntttattve, and (4) dedicated all resort area franchtse fees and museum, amphitheater, TGIF fi. anced golf course, as well as TGIF financed parktng revenues to the tntttattve Add~ttoltal fultds are being added to the Burton Station ProJect and the Cortference and Conventton Facthty Expa.ston fi)r plamtmg The Cape Henry Lighthouse restoratton ts funded by Federal contrtbutton (ISTEA) and a private colttrtbutton ts expected to provtde the match. Charter Bonds have been substituted for the last of the Certtficates of Participation ortginally funded tn the Virgh~ta Marine Science Museum The first major approprtatton wtll be made for the Beach Erosion and Hurricane Protection ProJect The Agricultural Reserve Program ts funded by a combtnation of existing revenues and a 1 5 cent increase tit the real estate tax rate, whtch provtdes $3 3-MILLION per year for the implementation of thts program Relattve Project 2-258, the Virginia Beach Higher Education Center, thts center ts the result of the .eed a~td destre to provtde educattonal opportuntttes to our City's restdents Vtrgtma Beach donated 35 acres of la.d to Old Domtnton Universtty tn September 1992 Housing and Neighborhood Preservation has a 5 2% mcreave tit the budget due prtmartly to additional Federal Community Development Block Grant (CDBG) fultdmg, whtch ts allocated among several programs, and HOME funding, which ts used prtmardy for home rehabthtatton All major departmental requests have been included m thts budget The Public Utilities Department ts self-funded from servtces provided to tts customers. The Department proJects there will be an estimated 116, 702 water amoultts, serving 386,370 cheltts, and 112,837 sanitary sewer accounts', servtng 373, 775 ctttzens, by the end of FY 1995-96 There ts no tncrease tn water rates for FY 95-96 although 28 cents was predicted Mr. Block referenced the City Manager's Memorandum relative the Operating and Capital Program Reconciliation Workshop List. The Coultctl may mcrea~se or decrease the operattng budget and/or Capital Improvement Program after tts Pubhc Iteartng on May Secoltd wtthout any further advertising or Heartng. The Ctty Council may not increase the real estate tax rate or any other tax rate proposed and adverttsed after tts May Secoltd Pubhc Hearing wtthout adverttstng agatn for 7 days and homing attother Public Heartng. The Ctty Council may decrease a tax rate from the proposed without further hearmgs The tmplementatio, of tts refuse fee would call for pubhc m)ttce Vice Mayor Sessoms advtsed tt appeared Celebration Station was going to be a non-tssue Mr. Block will examtne the issue relattve operating funds' coltcer, mg the Magnet School Ftrst Colomal and Kellam High School need to be addressed relative add~tto~tal mtproveme~tts The Western Braltch Lynnhaven River Dredgmg couM be funded over 2-years .t the CII' 'lhe North End Drainage tssue needs to be phased in and addressed wtth a defmtte platt The Ctty Ma.ager was requested to mvesttgate the posstbtltty of another 1% increase tlr salartes for both the City amt schools Vice Mayor Sessoms recommended a garbage collectton fee as a fundtng mecha, tsm Relattve Mayor Oberndorf's concern, Mr Bloc~ advised at the last School Board Meeting, a report was presented suggesting that certain costs now recurred tlr the School Operating Fund be transferred and expended out of Capttal Projects A decision was made by the ma.agement of the School system that they did not wish to proceed tn that dtrectton Mayor Oberndorf suggested funds be allocated for the School Capttal Improvement Program to spectfic categortcal umts even tf this ts not legally binding An ttemtzed accounting of the $4.6-MILLION expended for Ftrst Colontal Htgh School wdl be provtded April 25, 1995 -5- WORKSHOP FY 1995-1996 OPERATING BUDGET FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM ITEM # 39070 (Continued) Councilman Branch advtsed there couM be the opportunity for significant real estate tax reduction of approximately 10.7 cents, tf the garbage collectton fee could be mstttuted as a fund#tg mechanism and asked that this be investigated Relattve the School Board Budget and CIP. Counctl Lady Strayhorn requested an tnvestigation relative the measurable results, the type of process that couM be put irt place that is an either/or as opposed to just immediately jumping from "lump sum" to "categortcal appropriations". There are other ways to have accountabthty Council Lady Henley requested the Historical Trolley Tours be considered as an addttional item. Councilman Dean beheved the Ctty Employees deserved more of a salary increase and he wouM a recommend a 6 to 7% increase. BY CONSENSUS; the Reconciliation Workshop shall be SCItEDULED followtng the Formal Session of May 2, 1995 The City Staff shall proceed with the adverttsmg for a proposed garbage collection fee April 25, 1995 -6- CITY MANAGER 'S BRIEFINGS ITEM # 39071 The EMPLOYEE SALARY MARKET DATA and THE NORFOLK WATER PLANT EXPANSION Briefings will be RESCtlEDULED April 25, 1995 -7- ITEM # 39072 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Conference Room, City Hall Butldmg, on Tuesday, April 25, 1995, at 4'35 P.M Council Members Present. John A Baum, Lbtwood 0 Bra. ch, III, Robert K. Dean, Harold Hetschober, Barbara M tlenley, Louts R Jones, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor Wtlham D Sessoms, Jr and Loutsa M. Strayhorn Council Members Absent William W Harrtson, Jr April 25, 1995 -8- ITEM # 39073 Mayor Meyera E. Oberndorf entertained a motton to permit City Council to conduct its EXECUTII~ SESSION, pursuant to Section 2 1-344, Code of Virgmta, as amended, for the following purpose. LEGAL MATTERS Consultatton wtth legal counsel or brtefmgs by staff members, consultants, or attorneys pertamtng to actual or probable htigatton, or other specific legal matters' requesttng the provtston of legal advtce by counsel pursuant to Sectton 2.1-344(A)(7) To-Wit. Lake Gaston Adams Outdoor Advertmtng PUBLICLY-HELD PROPERTY Dtscusston or constderation of the condttton, acquisttton, or use of real property for pubhc purpose, or o] the dtspositton of pubhcly-heM property, or of plans for the future of an tnstttutton whtch couM affect the value of property owned or destrable for ownership by such tnstltutton pursuant to Section 2 1-344(A)(3) To-Wit Acqutstt~on/Disposttton of Property- Princess Anne Borough Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Counctl Members Votmg Aye John A Baum, Lmwood 0 Branch, III, Robert K. Dean, HaroM Hetschober, Barbara M Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr and Louisa M Strayhorn Council Members Vottng Nay Nolle Counctl Members Absent William W. Harrison, Jr. Aprtl 25, 1995 -9- FORMAL SESION I/IRGINIA BEACH CITY COUNCIL Aprtl 25, 1995 6:20 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Counctl Chamber, City tlall Building, on Tuesday, April 25, 1995, at 6 20 P.M. Council Members Present John A Baum, L#twood 0 Branch, III, Robert K Dean, Harold Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wllltam D. Sessoms, Jr and Louisa M Strayhorn Council Members Absent William W Harrison, Jr [FAMILY VACATION] INVOCATION. Reverend Larry Hmton Mount Zton AME Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Ce.tral Fidelity Bank, ABSTAINED on the application of LAWRENCE A SANCILIO, RACHEL V. SANCILIO, LENA .K/tNCILIO, MAURICE STEINGOLD, LEWIS B STEINGOLD AND SIGNET BANK/VIRGINIA (L 5) and disclosed there were no other matters on the agenda m whtch he has a "personal interest", as deft.ed tn the Act, either individually or tn hts capacity as an officer of Central Fidelity Bank ~lhe Vtce Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest m att), apphcatum that may come before City Council Vice Mayor Sessoms' letter of January 10, 1995, ts hereby made a part of the record April 25, 1995 - 10 - Item V-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 39074 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, Ctty Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public bus.tess matters' lawfully exempted from Open Meeting reqmrements by V~rgmta law were chscussed m Executive Session to which thts certificatton resolutzon apphes, AND, Only such pubhc business matters' as were ~denttfted zn the motion convening the Executtve Sesston were heard, dtscussed or constdered by' Virginia Beach City Counct[ Voting: 10-0 Council Members Vottng Aye. John A Baum, Lmwood O. Branch, III, Robert tC Dean, HaroM Hetschober, Barbara M Henley, Louis' R Jones; Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wilham D Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay. Non e Council Members Absent William W. ttarrison, Jr. April 25, 1995 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virgima Beach C~ty Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 39073, 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 certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City C6uncil hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by V~rgm~a law were discussed in Executive Session to which this certification resolution applies, and, (b) only such pubhc business matters as were identified in the motion convening th~s Executive Session were heard, discussed or considered by Virginia Beach City Council l~uth Hodge~Smith, CMC/AAE City Clerk April 25, 1995 -1l - Item V-F. 1. MINUTES ITEM it 39075 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of Apnl 11, 1995. Vottng: 10-0 Councd Members Voting Aye John A Baum, Lmwood 0 Branch, III, Robert K Dean, HaroM He~schober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr., and Louisa M Strayhorn Council Members' Voting Nay None Council Members Absent Wdliam W. Harrtson, Jr April 25, 1995 - 12 - Item V-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 39076 BY CONSENSUS, Ctty Council ADOPTED: AGENDA FOR THE FORMAL SESSION April 25, 1995 - 13 - Item V-HI. PROCLAMATION ITEM # 39077 Mayor Oberndorf PROCLAIMED: April 29, 1995 AS SPECIAL OLYMPICS DAY Robert Mtller, P E, Prestdent of Area II, ACCEPTED the Proclamatton Spectal Olympics is an International movement of sports training and competition which gives children and adults who are mentally retarded an opportumty to develop thetr phystcal skills, &splay their abilities and, most tmportantly, fulfill thetr human potential Robert Miller tntroduced hts athletes Ttmmy Brown, Anthony Sweeney, Sam Corprew, Kelly and Robert Webb, Diana Cobb, Malcolm, Joe Mdtga., Marl' Klaus a.d hts dad, Meltssa Moore and Wanda Beasley. Robert IVebb, President - People F~rst, presented mfi~rmatto, to City Council relative his' orgamzation for People with Dlsablhtms Aprtl 25, 1995 - 14 - Item V-H 2. PROCLAMATION ITEM # 39078 Mayor Oberndorf PROCLAIMED: MA Y 1995 AS BEACH SAFETY MONTH Kent Htnnant, Owner, Virginia Beach Life Guard Servtce and David Foxwell, President, Virignia Beach Chapter, US. Ltfesavmg Assoctatton, ACCEPTED the Proclamatton This Proclamation advised Virglttta Beach's' pubhc beaches provide our restdents, young and old, wtth the opportunity to appreciate, respect and learn about the martne e.v~ronment Beach safety is a vital and necessary requtrement of our enjoyme, t of the ocean and its beaches April 25, 1995 - 15 - Item V-I 1. PRESENTATION ITEM # 39079 ADD -ON Congressman Owen B. Pickett and Joe McCauley, Manager of Back Bay National Wildlife Refuge presented to the Mayor and Ctty Council Check Number 314787485184 irt the amount of $269,777.00 representing revenue sharing m lieu of taxes fi~r the Back Bay Wildlife Refuge April 25, 1995 - 16 - Item V-K 1. RES OL UTIONS /ORDINANCES ITEM # 39080 Upon motion by Councilman Jones, seconded by Councdman Baum, City Council DEFERRED, 1NDEFINITEL Y: Resolution to authortze the City of Norfolk to proceed wtth the water supply system capacity intprovements; aud, gtve nottce of same Voting: I0-0 Council Members Voting Aye Johu A Baum, Lmwood 0 Branch, III, Robert IC Dean, HaroM Hmschober, Barbara M fleuley. Louts R Joues, Mayor Meyera E Oberndorf, Nancy K. Parker, Vtce Mayor Wtlham D Sessoms, Jr, and Loutsa M. Strayhorn Council Members Voting Nay Non e Council Members Absent Wilham W Harrtsou, Jr. April 25, 1995 -17- Item V-K. 2 RES OL UTIONS/ OI~INANCES ITEM # 39081 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution to establish procedures for the administration of excess City real property, a pohcy for the sale of excess City real property; and, to authortze execution of the refereltced documents by the City Manager and the Dtrector of Pubhc Works Voting. 10-0 Council Members Voting Aye John A. Baum, Lmwood 0 Branch, III, Robert K Dean, HaroM Iletschober, Barbara M IIenley, Louts R Jones, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor William D Sessoms, Jr., and Loutsa M. Strayhorn Council Members Voting Nay Nolte Counctl Members Abse~tt William W Harrison, Jr. April 25, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A RESOLUTION ESTABLISHING PROCEDURES FOR THE ADMINISTRATION OF EXCESS CITY REAL PROPERTY AND A POLICY FOR THE SALE OF EXCESS CITY REAL PROPERTY WHEREAS, Section 15.1-307 of the Code of Virginia, 1950, as amended, authorizes City Council to declare city real property in excess of the City's needs and dispose of same; and WHEREAS, the City has not established written procedures for city staff to inventory all excess city real property and a formal policy for the application and procurement of city property that may be deemed in excess of the needs of the City; and WHEREAS, City Council wishes to promulgate a policy for the sale of excess city real property and procedures for the administration of excess city real property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the "Procedures for the Administration of Excess City Real Property"and the "Policy for Sale of Excess City Real Property" attached hereto and incorporated by reference are hereby established as the procedure for city staff to inventory excess real property and the policy for City Council to declare city real property in excess of the City's needs and dispose of the property. BE IT FURTHER RESOLVED that the City Manager and Director of Public Works are hereby authorized to execute the above- referenced documents to establish the procedure and policy on behalf of the City. Adopted by the Council of the City of Virginia Beach on 25 April the day of , 1995. 30 31 32 33 34 35 36 37 38 CA-5886 ORDINLNONCODE~EXCESS.RES R-1 03/16/95 APPROVED AS TO CONTENT rel~anment of PubhctWork~/O~fice of Real Estate APPROVED AS TO LEGAL SUFFICIENCY Department of Law Section: City of Virginia Beach Policy Policy Number: Date of Adoption: Date of Revision: Page 1 of 2 Title: POLICY FOR DISPOSAL OF EXCESS CITY REAL PROPERTY 1.0 Pu .rpose and Need: This policy defines and establishes a process for City Council to declare City real property excess of the City's needs and authorize its disposal. 2.0 Policy Statement: The City staff shall identify and inventory all real property owned by the City of Virginia Beach. If City Council declares City real property to be in excess of the City's needs, this policy sets forth the process for carrying out Council's desire. The policy and procedures shall not be construed to bind City Council to act, or not to act, in accordance with the recommendations of City staff, the City Manager, or the Excess City Real Property Committee. 3.0 Procedure to Accomplish Policy: 3.1 A standing committee appointed by the City Manager or his designee shall recommend which properties are in excess of the City's needs. It shall be known as the Excess City Real Property Committee (the "Committee"). The Committee shall consist of the Directors or representatives of the following departments, including but not limited to: Planning, Public Works, Public Utilities, Parks and Recreation, Economic Development and General Services. 3.2 The Committee shall prepare and approve written procedures for the implementation of this policy. The procedures shall include instructions for the orderly processing of applications for the disposal of excess real property. Policy Number: Date of Adoption: Date of Revision: Section: Page 2 of 2 TITLE: POLICY FOR DISPOSAL OF EXCESS CITY REAL PROPERTY 4.0 3.3 The City's Real Estate Office shall maintain and make available upon request, copies of the procedures referenced above. 3.4 The Committee is hereby authorized to modify the aforementioned procedures as may be needed to maintain the policy's intentions and purposes due to change in circumstances. However, the Committee is not authorized to modify any procedures which affect the City Manager's or the City Council's decision making prerogatives. Re .spo~isibility and Authority: The Department of Public Works/Office of Real Estate shall have the primary responsibility to oversee and coordinate procedures to implement this policy. The City Manager's Office, the City Attorney's Office, and if requested, other city departments may provide assistance to the Real Estate Office and the CommiUee. City Council is given sole authority to dispose of public property in accordance with Sections 15.1-307, 838 and 847 of the Code of Virginia, 1950, as amended. Approval: Date: City Manager Approvalz~~ Pubhc W/br~r Date: c~/~/'//~' PROCEDURE FOR THE ADMINISTRATION OF EXCESS CITY REAL PROPERTY o . . . . . . The City's Real Estate Office shall create and keep current an inventory of all real property owned by the City of Virginia Beach. Public Works Mapping Division with the assistance of the Real Estate Office shall periodically update the City's real estate maps. The City's Real Estate Office shall present certain identified and/or applied for real properties to the Excess City Real Property Committee (hereinafter the "Committee") for their review. After reviewing the information received from the Real Estate Office, the Committee shall meet to prepare recommendations to the City Manager of what property shall be declared excess and the method and conditions the conveyance should be made, e.g. bid, appraised value, grant, negotiation, trade. After receiving the information and recommendations of the Committee, the City Manager shall determine what property, if any, should be declared excess and whether to brief Council in executive session. If the City Manager determines that the Council should be briefed, then Council, upon being provided documentation and recommendations from Committee, may give tentative approval to any part, or all of the recommendations; or may suggest changes to the recommendations as they deem advisable. Upon receiving notice of Council's tentative approval, or the Manager's direction to proceed, the Real Estate Office shall forward an agenda request and submittal to City Council for final approval. If City Council votes to approve declaring the property excess of the City's needs, the City Real Estate Office and the City Attorney's Office will coordinate activities to effectuate the conveyance, so that a closing can be scheduled in a timely manner. An application shall be processed as follows: (a) Anyone desiring to acquire excess real property that is listed on City's inventory shall submit an application and $150.00 application fee to the City Real Estate Agent. The applicant must also submit a drawing or plat that describes the City property. The City's Real Estate Office will make available the application and examples of legal documents. (b) Upon receipt of an application and fee, the City Real Estate Agent shall assemble and forward all pertinent information for the requested property to the Committee. Then the Committee shall meet to determine present or future needs for the property. Once the Committee makes its determination, it will submit recommendations to the City Manager. (c) After reviewing the Committee's recommendations, the City Manager shall determine whether the property should be declared in excess of the City's needs. If the City Manager determines there are City needs for the property, or a public inconvenience would result if the property is disposed of, the applicant will be so advised by the Real Estate Office and the applicant's fee will be returned. If the City Manager recommends disposal of the property, he may give Council a briefmg. (d) After being briefed about the application, City Council may decide to approve the request with recommendations and conditions as presented, modify any of the recommendations, retain the property, offer the property for public bids, or any other option it deems advisable. If Council decides to take any action other than allowing the applicant to continue the process, the applicant will be so advised by the Real Estate Office and the application fee will be returned. (e) If City Council decides to convey the property to the applicant, the application fee becomes non-refundable and the applicant must furnish the following within 180 days: (1) A recordable plat drawn by a certified land surveyor and a deed for the excess property; and (2) If the City Manager or City Council determines an appraisal is needed, the City Real Estate Agent will advise the applicant that he must pay for the appraisal. The City's Real Estate Office will, on behalf of the applicant, have the appraisal prepared. The process shall not continue until the applicant pays the Real Estate Agent for the appraisal. o If Council determines the property should be offered by public bid, the successful bidder shall pay all costs and furnish those matters referenced in 7(e) above. . If excess City real property is disposed of other than as outlined in 7 or 8 above, the grantee may be required to pay all of the costs and/or meet the conditions and obligations outlined in 7(e) above. 10. Upon completion of the prospective purchaser's or grantee's obligations and responsibilities, all documents, plats, appraisals, etc. shall be forwarded to the Real Estate Office for review and approval as to content. The Real Estate Office will forward the deed and plat to the City Attorney's Office for review and approval as to legal sufficiency. 11. If the documents are approved, the deed and plat shall be forwarded to the City Manager, or his designee for execution. 12. The City Attorney's Office shall set closing with the purchaser or grantee. 13. After the deed is recorded, the City Attorney's Office will notify the Real Estate Office. C~mittee Chairperson PROACTIVE PROCESS i · Real Estate Office inventories all City Real Property. Includes researching, cataloging, categorizing and prioritizing all information on all City owned Real Properties. · Real Estate Office identifies potential excess properties out of the master inventory list and forwards information to the Excess City Real Property Committee members. · Committee members receive package of potential excess properties for review. · Committee meets to discuss properties brought forward and to decide which ones to recommend to the City Manager for disposition. 5. Committee forwards package and recommendation to City Manager. · City Manager makes decision to either dispose of or not to dispose of the property. If decision is no, package is returned to Committee. If decision is yes, Manager makes decision of whether or not to brief Council in executive session. 6a. Committee receives City Manager's decision not to dispose of the property and forwards same to the Real Estate Office. 6b. Real Estate Office receives Manager's decision from Committee and closes file. · City Manager makes decision to brief, or to not brief City Council in Executive Session. If decision is no, Committee is notified to have agenda package prepared and placed on first available agenda. If decision is yes, Manager schedules briefing with Council in executive session. 7a. Committee receives City Manager's decision to place matter on agenda for open session and same is forwarded to Real Estate Office. 7b. Real Estate Office receives Manager's decision from Committee and prepares agenda request to be forwarded to Director of Public Works for his signature. 8. Manager prepares to brief City Council in executive session. Sa. Council hears Manager's briefing in executive session. · Council makes decision to dispose of, or to not dispose of the property. If decision is no, process returns to point 6a. If decision is yes, process returns to 7a. 10. Director of Public Works receives agenda request and recommendation package from Real Estate Office to forward to Council in regular open session, via City Attorney's and Manager's Offices. 11. City Attorney receives agenda request package and prepares ordinance. Forwards package to City Manager's Office to have scheduled for first available agenda. 12. City Manager receives agenda package for action, signs ordinance and has placed on first available agenda. 13. City Council, in open session, makes decision to dispose of, or to not dispose of the Property. If decision is no, process returns to 6a. If decision is yes, Property is declared excess and Real Estate Office is directed to proceed with process. 14. Real Estate Office receives Council's approval, declaring Property to be in excess of City's need. 15. Real Estate Office makes decision to place Property for bid, or to not request bids. If decision is no, Property is offered directly to the Property's contiguous owners. If the decision is yes, a bid package is prepared and the bidding process is implemented. 15a. The contiguous owner, or owners, are offered the Property by the City. 15b. The contiguous owner, or owners, make decision to accept, or to not accept the City's offer. If the decision is no, the Real Estate Office must make decision to continue or not. If the decision is yes, Real Estate is advised to continue process. 15c. Real Estate Office receives "no" decision from contiguous owner, or owners, and makes decision to either close file or continue process. If decision is no, process returns to 6b. If decision is yes, Real Estate Office must decide if bid process is to be implemented. 15d. Real Estate Office makes decision on whether or not to implement bid process. If the decision is no, Property is offered directly to potential purchaser, if any are identified. If the decision is yes, bid package is prepared and the bid process is implemented. 15e. City offers Property directly to potential purchaser. 15f. Potential purchaser makes decision to accept the City's offer, or to not accept the offer. If the decision is no, the Real Estate Office must make decision to continue or not. If the decision is no, process returns to 15c. If the decision is yes, Real Estate Office is advised to continue process. 15g. Potential purchaser, having decided to accept the City's offer, notifies the Real Estate Office. 16. Real Estate Office prepares bid package for distribution to all interested bidders. 17. Real Estate Office places bid advertisement in local media. 18. Real Estate Office receives and opens bids. 19. Real Estate Office evaluates received bids. 20. Real Estate Office makes decision to accept, or to not accept the bid. If the decision is no, process returns to 3. If the decision is yes, bidder is notified as to remaining process. Rg~C~IV~ PROCESS i · Citizen directs inquiry to Real Estate Office about the potential for the purchase of City owned Property. la. Real Estate Office receives inquiry regarding City owned Property and advises citizen of process along with the making available of the necessary application form. lb. Citizen completes application to acquire the City Property, and forwards same, plus the $150.00 application fee, to the City's Real Estate Office. · The Real Estate Office receives the application and prepares informational package to submit to Committee for their review. 3. Committee members receive request package and review same. · Committee meets to discuss application and to formulate recommendation to City Manager. 5. Committee forwards package and recommendation to City Manager · Manager makes decision to dispose of, or to not dispose of the Property. If the decision is no, manager returns package to the Committee. If the decision is yes, Manager must make decision on whether or not to brief Council in executive session. 6a. Committee receives package from Manager and forwards same to Real Estate Office. 6b. Real Estate Office receives Manager's decision from the Committee, notifies applicant, returns fee, and closes file. · Manager makes decision to brief Council in executive session or not. If the decision is no, Committee is notified to have agenda request prepared and place matter on first available agenda. If the decision is yes, Manager schedules a briefing for Council in executive session. 7a. Committee receives Manager's decision and forwards same to Real Estate Office. 7b. Real Estate Office receives Manager's decision from Committee and prepares agenda request package to be forwarded to Director of Public Works for his signature. · Manager prepares briefing for Council, to be heard in executive session. Sa. Council hears Manager's briefing in executive session. · Council makes decision to dispose of, or to not dispose of the Property. If the decision is no, process returns to 6a. If the decision is yes, process returns to 7a. 10. Director of Public Works receives Agenda Request and recommendation package from Real Estate Office to forward to Council in regular open session, via City Attorney's and Manager's Offices. 11. City Attorney receives agenda request package and prepares ordinance. Forwards package to City Manager's Office to have same scheduled for first available agenda. 12. City Manager receives agenda package for action, signs ordinance and has placed on first available Agenda. 13. City Council, in open session, makes decision to dispose of, or to not dispose of the Property. If the decision is no, process returns to 6a. If the decision is yes, Property is declared excess and Real Estate Office is directed to proceed with process. 14. Real Estate Office receives Council's approval, declaring Property to be in excess of City's need. ** Reactive process continues with "21" below. CONJUNCTION OF PROACTIVE AND REACTIVE PROCESSES 21. Real Estate Office notifies applicant/bidder of his responsibilities to finalize his acquisition of the Property. 22. Applicant/bidder makes decision to proceed, or to not proceed with acquisition of the Property. If the decision is no, he gives notice of his intentions to Real Estate Office. If the decision is yes, he begins the process of assembling the legal documents, plats, and appraisal required of him by notification at step 21. 22a. Applicant/bidder notifies Real Estate Office of his intention to not proceed with acquisition. 22b. Real Estate Office makes decision on whether or not to continue process. If the decision is no, process returns to 6b. If the decision is yes, Real Estate Office decides whether or not to utilize bids already received. 22c. Real Estate office makes decision of whether or not to utilize bids already received. If the decision is no, process returns to 15. If the decision is yes, process returns to 19. 23. Applicant/bidder prepares all documents and plats required of him by notification at step 21. 24. Applicant/bidder forwards required paperwork to Real Estate Office. 25. Real Estate Office reviews and approves documents received, for content, and forwards same to City Attorney via Director of Public Works. 26. Director of Public Works forwards documents to City Attorney's Office for closing. 27. City Attorney's Office reviews and approves deed, for legal sufficiency, and forwards same along with the plat to City Manager for his signature. 28. City Manager, or his assigned designee, executes deed and plat for the City and returns them to City Attorney's Office for closing. 29. City Attorney's Office prepares for closing. 30. City Attorney's Office closes with applicant/bidder and notifies Real Estate Office. 31. Real Estate Office receives closing notification from City Attorney's Office and closes file. Policy Report EXCESS CITY REAL PROPERTY POLICY BACKGROUND Although the City has been disposing of its excess property for many years, there is no official policy or written procedures to guide staff. Procedures have evolved to fit individual circumstances. These procedures do not include a proactive process to market excess City-owned real property. Citizens requesting to purchase excess property may spend large sums of money to prepare an application while it is uncertain whether City Council may declare the property excess of the City's need. During its deliberation over recent applications, Council decided a formal policy should be prepared that would be more citizen friendly. A committee was subsequently established to recommend a policy to the City Manager and City Council. ORGANIZATIONAL CONSIDERATIONS The committee has made recommendations for a new policy. Once a formal policy is adopted by City Council, the committee will continue to meet and make recommendations as outlined in the policy and procedures. The committee is composed of representatives of the Departments of Public Works, Public Utilities, Economic Development, Parks and Recreation, Planning and General S~rvices. Legal assistance will be provided by the City Attorney's office, as needed. Other Departments and/or Divisions may be asked to provide input if the property may concern the City agency. Although the processing of requests for excess property has always utilized the assistance of numerous City agencies, the new policy will require a committee composed of staff members of several City agencies to meet on a regular basis and make recommendations. Such recommendations shall include but are not limited to information and alternatives the City Manager and Council may wish to consider if it decides to declare property excess of the City's needs. LEGAL CONSIDERATIONS The City Attorney's Office advises the following legal issues may be involved in the excess property process: a) City Council has the sole authority to approve disposal of public real property in accordance with Sections 15.1- 307, 838 and 847 of the Code of Virginia, 1950, as amended. b) City Council has the authority to discuss the disposition of publicly held real property in executive session under the Freedom of Information Act. c) If the applicant or potential grantee of excess City real property is an immediate family member or business associate of a committee member or if the member has a potential interest in the proposed transaction, the member should advise the City Attorney requesting a determination whether a potential conflict of interest exists. d) If the property being considered has been dedicated to public use, it may be declared excess and sold provided an ordinance is passed by a recorded affirmative vote of three-fourths of all the members of Council, or nine (9) affirmative votes. As long as the property to be declared excess has not been dedicated to public use, the "super majority requirement" is not required. BUDGETARY IMPACTS AND CONSIDERATIONS The City is constantly in search of new sources of revenue. Over the years, the City has accumulated hundreds of parcels of real estate, part of these parcels may be deemed in excess of public needs. Most of the excess parcels, because of size, configuration and zoning, are not developable. These, however, could be sold or conveyed to the adjacent owners and returned to the tax roles. Some of the City excess property can be marketed as developable parcels. By returning excess parcels to the private sector, the City gains a return of at least part of the monies initially invested as well as additional revenue by returning the land to the City's tax roles. PUBLIC INFORMATION As Council approves disposition of excess real properties, lists of some of those properties will be published in the local news papers. In cases where properties will only have value when assembled with adjoining parcels, the properties will be offered to adjoining owners first, and if the adjoining owners are not interested, the properties may be published and offered for public bid. RECOMMENDATIONS The subject policy has been developed based on council's desire to afford the citizen an opportunity to gain support for acquisition of excess City property prior to having to expend large sums of money on surveys, appraisals, legal work, etc. The Excess City Real Property Committee is of the opinion that this policy reflects Council's desire. It is therefore recommended that Council approve the policy and procedures as presented. Submitted by: Reviewed by: Ci~)Manager ' Da~e: ~' ~'g%/ DISPOSAL OF EXCESS CITY REAL PROPERTY ,,, PROACTIVE PROCESS REACTIVE PROCESS REAL CC~klTTEE W~NACER C~UNOL OI~CTO~ Cl~ Cl~ R~ C~TT~ ~NA~ C~N~ D~CT~ C~ Cl~ ESTATE P~ AT~. ~TA~ P~ AT~, PROACTNE PR~[SS 3 ~ 6 ~a~ TO D~ ~ H~v ~ NOT H ~S C~L ~O~ TO B PK~T ~ ~T ~Og~ TO ~T ~ ~ NOT ~ ~Og~ TO ~ PK~ M ~T ~ ~S P~ TO POT~KL ~S A~ O~S ~ R~IV~ PR~S ~ ~TDN P~ W w ~ ~Og~ TO D~ ~ ~TT ~ MOT ~ TQ ~ ~ ~ NOT 9 ~a~ fO ~ ~ N~TV ~ NOT CON~CT~ ~ PROAC~E AND REAC~ PR~SES ~ ~A~S ~S A~ P~TS ~ ~H&~S O~S ) ~S NOT~ATON MO ~ ~ __ 1 ~ - 18 - Item V-K 3 RESOLUTIONS~ORDINANCES ITEM # 39082 Upon motion by Vtce Mayor Sessoms, seconded by Councd Lady Strayhorn, City Council ADOPTED: Or&nance to ACCEPT and APPROPRIATE grants' totaling $14,056 from the State Department of E. vtronmental Quahty to the FY 1994- 1995 Operating Budget for the General Services Department re enhancement of the City's Clean Community Program, and, the esttmated State revenue from the Commonwealth be increased accordtngly Voting' I0-0 Council Members Voting Aye John A. Baum, Linwood 0 Branch, III, Robert K Dean, HaroM Hetschober, Barbara M. Henley, Louts R Jones, Mayor Meyera E. Oberndorf Nancy 1~ Parker, Vice Mayor William D Sessoms, Jr, and Loutsa M. Strayhorn Council Members Vottng Nay Nolle Council Members Absent William W Harrtson, Jr April 25, 1995 AN ORDINANCE TO ACCEPT AND APPROPRIATE $14,056 FROM THE STATE DEPARTMENT OF ENVIRONMENTAL QUALITY FOR ENHANCEMENT OF THE CITY'S CLEAN COMMUNITY PROGRAM WHEREAS, the Landscape Services Division of the Department of General Services is responsible for planning and 7 coordinating the Clean Community Commission's activities and various volunteer programs relating to litter prevention and 8 environmental awareness including Adopt-A-Programs, Earth Day, April activities, storm drain stenciling, and classroom 9 presentations to third graders; 10 '1 '[ WHEREAS, the landscape Services Division of the Department of General Services estimated revenues to be received '12 from a grant from the State Department of Environmental Quality in the amount of $15,659 for its litter prevention and '13 environmental awareness programs which would not require matching funds, and this estunated revenue was appropriated with 14 the FY1994.95 operating budget; 15 WHEREAS, the actual grant award from the State Department of Environmental Quality was $18,054 of which the increase in revenue of $2,395 is unappropriated; and 18 WHEREAS, the landscape Services Division of the Department of General Services has applied for and has been awarded a supplemental grant m the amount of $11,661 from the State Department of Environmental Quality for conducting litter prevention and environmental awareness activities which would not require matching funds, and which is unappropriated. 22 2 3 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 2 4 to accept and appropriate grants totalling $14,056 from the State Depamnent of Environmental Quality to the FYI 994-95 Operating 2 5 Budget for the General Services Department. 26 2 7 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, to increase 2 8 Estimated State revenue from the Commonwealth in the amount of $14,056. 29 This ordinance shall be effective from the date of its adoption. 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of Aprxl , ~995. 3O 32 33 34 35 36 37 38 APPROVED AS TO CONTENT DEPARTMENT OF MANAGEMENT AND BUDGET APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY ATTORNEY 39 40 c \budget\94-95\lsgrant etd vol 45 sgh - 19 - Item V-K4. RESOLUTIONS~ORDINANCES ITEM # 39083 Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Strayhorn, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE to the Department of Soctal Services FY 1994-1995 Operating Budget, and, esamated revenues to the General Fund for FY 1994-1995 be increased accordingly A $12,200 Grant from the Department of Criminal Justtce Servtces re peer mentortng and peer medtation tramtng, funding for Parents' and Teens for Better Baystde, fundtng for the CARE Youth Leadershtp Camp, funding for the Spring Conference of Better Beginnings $7,711 re one full-time ehgtbthty worker to maxtmtze federal and state Medicaid. Voting. 10-0 Counctl Members Voang Aye John A Baum, Lbtwood 0 Branch, III, Robert K Dean, HaroM Hetschober, Barbara M. llenley, Louts R Jones, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr, and Loutsa M Strayhorn Councd Members Voting Nay None Council Members Absent. Wtlham W ttarrison, Jr April 25, 1995 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $12,200 FROM THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF SOCIAL SERVICES AND TO INCREASE ESTIMATED REVENUE TO THE GENERAL FUND BY $12,200 WHEREAS, juvenile crime in Virginia Beach continues to be a concern and students at 6 Bayside High School have received some training as peer mentors and peer mediators, and their 7 intervention with students has proven to be most successful in preventing conflicts between 8 students in the school as well as in the community, WHEREAS, a grant has been approved by the Department of Criminal Justice Services 10 which will provide funds for peer mentoring and peer mediation training for additional students at 11 Bayside High School as well for training high school students in goal setting slolls, 12 WHEREAS, additional uses of the grant will include funding for Parents and Teens for 13 Better Bayside, funding for the CARE Youth Leadership Camp, funding for the Spring 14 Conference of Better Beginnings, and an evaluation of the program, and 15 WHEREAS, the required local match will be provided through in-kind services 16 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE 17 CITY OF VIRGINIA BEACH, that a grant in the amount of $12,200 from the Department of 18 Criminal Justice Services be accepted and appropriated to the Department of Social Services FY 19 1994-95 Operating Budget and that estimated revenue to the General Fund for FY 1994-95 be 20 increased by $12,200 21 This ordinance shall be effective on the date of its adoption 22 Adopted by the Council of the City of Virginia Beach, Virginia on the 25th day of 23 April , 1995 f \usersXmgentry~somal\dcj s ord AN ORDINANCE TO APPROPRIATE $7,711 TO THE DEPARTMENT OF SOCIAL SERVICES FOR AN ADDITIONAL ELIGIBILITY WORKER TO BE FUNDED BY A $7,711 INCREASE IN ESTIMATED REVENUE WHEREAS, in FY 1990-91, the Department of Social Services placed an outstationed 5 eligibility worker at Virginia Beach General Hospital, and, in FY 1992-93, an eligibility worker 6 was outstationed at the Health Department, WHEREAS, funding for the positions was provided by Virginia Beach General Hospital 8 and the Health Department respectively in order to maximize Federal and State Medicaid 9 reimbursements, 10 WHEREAS, Sentara Health System has requested that the Department of Social Services 11 outstation a Medicaid eligibility worker at the Sentara Norfolk General Hospital to process 12 Medicaid and State Local Hospitalization (SLH) applications for residents of Virginia Beach who 13 are using the Sentara Health System, 14 WHEREAS, the cost of the position will be offset by increases in Medicaid revenue and 15 fee revenue from Sentara Health System which will pay the total non-federal cost and the fringes 16 benefits of the position, with supervision and training to be provided by the Department of Social 17 Services in order to provide better services to the citizens of Virginia Beach and increase the 18 reimbursement provided the hospital through the Medicaid and SLH program, 19 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, that appropriations to the Department of Social Services FY 1994-95 21 Operattng Budget be increased by $7,711 and that estimated revenue to the General Fund be 22 increased by $7,711, 23 BE IT FURTHER ORDAINED, that one full-time eligibility worker position be 24 established in the Department of Social Services 25 This ordinance shall be effective on the date of its adoption 26 Adopted by the Council of the C~ty of Virginia Beach, Virginia on the 27 April 1995 25th day of - 20 - Item V-K5. RES OL UTIONS /ORDINANCES ITEM # 39084 Upon morton by Vice Mayor Sessoms, seconded by Counctl Lady Strayhorn, City Council ADOPTED: Ordinance authortzmg Tax Refunds irt the amount of $2,331.63 upon application of certain persons and upon Certtftcatton of the City Treasurer fi)r payment Voting 10-0 Council Members Vottng Aye. John A Baum, Lmwood O. Branch, III, Robert K. Dean, HaroM Hetschober, Barbara M tlenley, Louts R Jones, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wilham D Sessoms, Jr, and Loutsa M Strayhorn Council Members Vottng Nay Nolte Council Members Absent Wilham W. Harrison, Jr April 25, 1995 CORM HO C A ? · 3/29/31 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA' That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Tax Type Ticket Exonera- Date Penalty Int. NAME Year of Tax Number tion No. Paid Total Michael M & Anita Merkel 95 William J & Delorese Gilliam 95 First Lynnhaven Baptist Ch 95 B A Mortgage Tax Dept 95 G M Gulbranson 95 Richard Meacham 95 Nancy P McKeown 95 Doris B Verones N/A Annette A Norman N/A RE(l/2) 078890-5 3/31/95 60.68 RE(l/2) 043241-6 2/27/95 82.43 RE(l/2) 054349-3 12/5/94 1,508.36 RE(l/2) 104911-4 11/23/94 211.99 RE(l/2) 047268-4 12/5/94 356.17 Dog V14414 2/7/95 10. O0 Dog V14361 2/7/95 2.00 Pkng 475537 1/20/95 50.00 Pkng 460259 2/28/95 50.00 Total 2,331.63 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,331.63 were approved by the Council of the City of V~rgin~a Beach on the 2_5 day of A1~'~1t 1.995 Ruth Hodges Smith C~ty Clerk Cert~ s to pay ent Les'~ L/'~llley, ~llty - 21 - Item V-K6 RES OL UTIONS /ORDINANCES ITEM # 39085 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordmance authortzmg License Refunds tn the amount of $35,396.90 upon appltcatton of certain persons and upon Certtficatton of the Comm~ssto. er of the Revenue Voting. 10-0 Council Members Vottng Aye John A Baum, Lmwood 0 Branch, III, Robert K Dean, HaroM He~schober, Barbara M tlenley, Louts R Jones, Mayor Meyera E Oberndorf, Nancy K Parker, V~ce Mayor Wtlham D Sessoms, Jr, and Louisa M Strayhorn Council Members Voting Nay. None Council Members' Absent Wtlham W Harrtson, Jr April 25, 1995 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID A & M Lawn Care & Landscaping 841 Plymouth Lane 1994 V~rg~ma Beach, VA 23451 Atlantic TV & Apphances Inc. T/A Atlantic Viewtronics Serv. Co. P.O. Box 925 1992-94 Virg~ma Beach, VA 23451 Gary Paschang Landscaping Inc. 2268 Sandy Woods Lane 1994 Virg~ma Beach, VA 23456 Audit $85.20 $85.20 Audit $520.98 $520.98 Audit $142.30 $142.30 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $748.48 of the C~ty of Virginia Beach on the Certified as to Payment: Commissioner of the Revenue Approved as to form: - CIty Attorney were approved by the Council day of ^pz-~:[ ,19 Ruth Hodges Smith CIty Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following apphcations for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID HQ Home Quarters Warehouse P.O. Box 8730 1992-94 Virg~ma Beach, VA 23450 Audit $26,254.03 $26,254.03 Ox~ Generators Inc. 218-B Southgate Ave. Virg~ma Beach, VA 23462 1993-94 Audit $122.95 $122.95 Ray, Ashwin & Neeta A. T/A Blue Coral Motel Apts. 2000 Queen Victoria Court #1 Virglma Beach, VA 23454 1994 Audit $25.54 $25.54 Certified as to Payment: 4/__.~lO~ert P. Vaughan ~_ Commissioner of the Revenue Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling of the C~ty of Virginia Beach on the Approved as to form: C~ty Attorney $26,402.52 were approved by the Council 25 April 95 day of ,19 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applicabons for hcense refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID S Herman Corp. T/A The Lighthouse P.O. Box 386 Virginia Beach, VA 23458 Southern Tent Company Inc. C/O Norman H. O'Bryant 220 Partridge Lane Windsor, VA 23487 1994 12/30/94 $1,325.00 $1,325.00 1994 Audit $197.10 $197.10 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,522.10 of the C~ty of V~rgln~a Beach on the Certified as to Payment: ~'--'R~'bert P. VaughanyJ Commissioner of th~Revenue Approved as to form: L-'~I~ L. Lilley C~ty Attorney were approved by the Council day of April ,19 95 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applicatmns for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Bryan & Associates Realty Inc. 1159 W. Ocean View Avenue #B1 Norfolk, VA 23503 1994 Comerford, John R. 1992-94 T/A DIgital Design Desktop Pubhsh~ng 928 Camino Real South V~rg~ma Beach, VA 23456 Ford, Joseph A. T/A Ford Consulting 1605 Sword Court V~rg~nia Beach, VA 23464 Audit $164.92 $164.92 Audit $121.50 $121.50 1994 Audit $30.00 $30.00 This ordinance shall be effective from date of adoption. The above abatement(s) totahng $316.42 of the City of VirginIa Beach on the 25 Certified as to Payment: ~bert P. Vaughan ~' Commissioner of the Revenue Approved as to form' LLe~li'e L. Lille'~ C~ty Attorney were approved by the Council day of April ,19 95 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Horton, James P., Jr. 3725 H~story Land Drive Virginia Beach, VA 23452 International Realty Corp. One Columbus Center #602 Virginia Beach, VA 23462 Mitchell, Mark T/A Chick-FiI-A-Pembroke 5200 Buffington Road Atlanta, GA 30349 1992-94 Audit $36,35 $36.35 1993-94 1993-94 $60.00 $60.00 1994 Audit $498.50 $498.50 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $594.85 of the City of V~rgin~a Beach on the 2.5 Certified as to Payment: ~_~--~Ro]'3ert P. Vaugha-n~,~' Commissioner of tl'r~ Revenue Approved as to form: [~s[ie L. Lill~y" -- ~_._~ City Attorney were approved by the Council day of April ,19 95 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Southeastern Painting Inc. 1992-94 T/A Southeastern Services 1724 Virginia Beach Blvd. #105 Virginia Beach, VA 23454-4525 Transtate Brokers Inc. 1991-94 T/A Symphony Music Company 1397 Baker Road Virginia Beach, VA 23455 Waghalter Inc. T/A Wagco Towing 3017 Maywew Place Virginia Beach, VA 23452 1992-94 Audit $405.46 $405.46 Audit $38.85 $38.85 Audit $426.65 $426.65 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $870.96 of the City of V~rginia Beach on the ?__5 Certified as to Payment: ~/'-.--~bert P. Vaugha~/ Commissioner of the Revenue Approved as to form' ~-'~s'l~e L. L~ley~ - ~ City Attorney were approved by the Council day of ^pz-~;[ ,19 9_5 Ruth Hodges Smith City Clerk I,1~ No C.A. I I~'v AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon cerbfication of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Blake, Patrick & James Trent T/A Window Washing By J & P 5733 Albright Drive Virginia Beach, VA 23464 Brugno, Michael T/A Brugno & Sons 608 Manor Drive Virginia Beach, VA 23464 Chicks Beach Cafe Inc. T/A Ch~cks Beach Cafe 333 Waterside Drive #141 Norfolk, VA 23510 1993-94 Audit $40.00 $40.00 1992-93 Audit $159.48 $159.48 1993 Audit $339.93 $339.93 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $539.41 of the City of Virginia Beach on the Cerbfied as to Payment: Approved as to form: City Attorney were approved by the Council day of ^;pz-~l ,19 Ruth Hodges Smith City Clerk ItOIt~d NO C.A.. 8 fqLrV 3~8 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Stallings Group PC 2508 Little Lake Court Virginia Beach, VA 23454 Stray Dogs Inc. 421 London Blvd. Portsmouth, VA 23704 1994 Audit $1,578.99 $1,578.99 1994 Audit $74.00 $74.00 This ordinance shall be effective from date of adoption. The above abatement(s) totahng $1,652.99 of the City of Virginia Beach on the Cerbfled as to Payment: Approved as to form: _ 'L"~s~'e L. Lilly C~ty Attorney - were approved by the Council day of ^pz*~;l_ ,199`5 Ruth Hodges Smtth City Clerk Pq34qM NO C.,~.. IIqEV ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following apphcabons for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT, TOTAL YEAR PAID LMM Associates Inc. 1994 T/A Econo Lodge-Chesapeake Beach 1800 Nations Bank Bldg. Norfolk, VA 23510 ATT'N: Ross C. Reeves Ocean Buick Inc. T/A Haywood Clarke Buick 1800 Lask~n Road Virginia Beach, VA 23454 1993-94 Raval, Usha R. 1994 T/A Swaagat Health Foods & Sp~ces 186 Kellam Road S. Virginia Beach, VA 23462 Audit $569.76 $569.76 Audit $1,846.90 $1,846.90 Audit $80.24 $80.24 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $2,496.90 of the City of V~rg~n~a Beach on the 2.5 Cerbfied as to Payment: Commismoner of the Revenue Approved as to form: were approved by the Councd day of April ,19 95 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applicabons for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE PENALTY INT. TOTAL YEAR PAID Dietrich, April J. T/A Dietrich Assocmtes 1002 Langley Road #Al Norfolk, VA 23507 1994 Audit $110.87 $110.87 Dorr, Thomas W. T/A Fences By TWD P.O. Box 9616 Virginia Beach, VA 23450 1993-94 Audit $10.00 $10.00 Integrated Quality Solutions Inc. 1939 Columbia P~ke #24 1994 Arlington, VA 22204 Audit $131.40 $131.40 Certified as to Payment: Commissioner of the Revenue Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $252.27 of the City of V~rg~n~a Beach on the 2_5 Leslie L. Lilley City Attorney were approved by the Council day of April ,19 95 Ruth Hodges Smith City Clerk - 22 - Item IV-L. PUBLIC HEARING ITEM # 39086 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on. PLANNING 1. PLANNING BY CONSENT 2. SAN1FILL, INC. RECONSIDERATION OF CONDITIONS 3. ROCK CHURCH MINISTRIES RECONSIDERATION OF CONDITIONS 4. JOHN E. HA WKINS RECONSIDERATION/ VARIANCES 5. LAWRENCE A. SANCILIO/RACHEL V. SANCILIO STREET CLOSURE LENA SANCILIO, MA URICE STEINGOLD, LEWIS B. STEINGOLD AND SIGNET BANK/VIRGINIA 6. JOHN CLARD Y, M.D. VARIANCES 7. THOMAS E. FLEMING VARIANCE 8. BARBARA GRAY VARIANCES 9. ST. JOHN'S BAPTIST CHURCH CONDITIONAL USE PERMIT I0. CHURCH OF THE REDEEMER CONDITIONAL USE PERMIT II. BEN SOREY AUTO RACING & REPAIR, INC. CONDITIONAL USE PERMIT 12. QUICK 10 CORPORATION CONDITIONAL USE PERMIT Aprd 25, i995 - 23 - Item IV-L,I, PUBLIC HEARING ITEM # 39085 PLANNING B Y CONSENT Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED FOR DEFERRAL IN ONE MOTION Items 2, 3, 5 and 9. Item 2 was DEFERRED FOR FURTHER STUDY. Item 3 was' DEFERRED unttl the Cay Council Session of May 9, 1995. Item 5 was' DEFERRED for att ADDITIONAL 180 DA YS. Item 9 was DEFERRED until the City Council Session of May 9, 1995. Voting: 10-0 Council Members Voting Aye. John A Baum, Lmwood 0 Branch, III, Robert K Dean, , Harold tteischober, Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr * and Loutsa M. Strayhorn Council Members Voting Nay None Counctl Members Absent Wtlham W tlarrtson, Jr **Vice Mayor Sessoms ABSTAINED on Item L 5 as his bank deals' wtth the apphcant April 25, 1995 - 24 - Bern V-L. 2. PUBLIC HEARING ITEM # 39086 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Counctl Lady Strayhorn, Ctty Council DEFERRED FOR FURTHER STUD Y the RECONSIDERATION OF CONDITION NUMBERS FIVE, SEVEN AND NINE, AND NUMBER ELEVEN BE ADDED, to the March 26, 1990, Approved Applicatton (WILLIAMS CORPORATION OF I/7RGINIA) for a Condtttonal Use Permtt for a borrow pit for SANIFILL, INC ORDINANCE UPON APPLICATION OF WILLIAMS CORPORATION OF VIRGINIA FOR A CONDITIONAL USE PERMIT FOR FILLING A BORROW PIT RO 3901295 Ordtnance upon apphcatton of Wtlhams Corporation of Virginia for a Condtttonal Use Permtt for filhng a borrow ptt on the west stde of Centervtlle Turnptke, 1600 feet more or less north of Kempsvtlle Road. Said parcel contatlts 89 8 acres More detatled mformatton ts available tit the Department of Plannt.g KEMt'SVILLE BOROU(;H. Vottng. 10-0 (By ConsenO Counctl Members' Voting Aye John A Baum, Linwood 0 Branch, III, Robert IC Dean, , Harold tteischober, Barbara M Henley, Louts R Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wtlltam D Sessom& .Ir. and Louisa M Strayhorn Counctl Members Voting Nay' None Counctl Members Absent Wilham W Harrtson, Jr April 25, 1995 - 25 - Item V-L 3. PUBLIC HEARING ITEM # 39087 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Coultcll Lady Strayhorn, City Council DEFERRED UNTIL MAY 9, 1995 the RECONSIDERATION OF CONDITION NUMBER FIVE on the December 15, 1992 Approved Application of ROCK CHURCH MINISTRIES for a Condttlonal Use Permit: ORDINANCE UPON APPLICA lION OF ROCK CtlURCtl MINISTRIES FOR A CONDITIONAL USE PERMIT FOR A CHURCH AND A 50- UNIT HOME FOR TIlE AGEI) R012921795 Ordinance upon apphcat~on of Rock Church Ministries for a Condittonal Use Permit for a church and a 50-umt home for the aged on the northeast corner of Kempsvtlle Road and Manor Dr~ve Said parcel located at 620 Kempsvtlle Road a~td contam¥ 7 546 acres KEMPSVILLE BOROUGtt Vottng. 10-0 (By ConsenO Council Members' Voting Aye John A Baum, L#twood 0 Branch, III, Robert K Dean, tlaroM tlelschober, Barbara M l-le. ley, Lou~s R Jones, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wtlham D Sessoms, .Ir and Loutsa M Strayhorn Counctl Members Voting Nay Noir e Council Members' Absent William W Harrison, .Ir April 25, 1995 - 26 - Item V-L. 4. PUBLIC HEARING ITEM # 39088 PLANNING John E. Hawkins, the applicant, represented htmself Sandy Calvert, 3032 Little Haven Road, Phone 340-8613, registered in OPPOSITION. Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council DENIED RECONSIDERATION of the Apphcatton of JOHN E. HAWKINS for Vartances to the Subdtvtsion Ordinance on Site 14, Ltttle tlaven (3009 Little Haven Road) (LYNNHAVEN BOROUGH) Sectton 4.4(b) whtch requtres all newly created lots meet all requtrements of the Comprehensive Zomng Ordinance. Section 4.4(d) whtch requtres all lots have &rect access to a pubhc street Appeal from Decistons of Admzmstrattve Officers m regard to/qcertam elements of the Subdtvtston Ordinance, Subdtvtston fi~r John E [tJawkms Property ts located on Stte 14, Dttle tlaven at 3009 Little Havel' 1 Road LYNNHA VEN BOROUGIt Vottng 10-0 Council Members Voang Aye John A Baum, Ltnwood 0 Branch, III, Robert K Dean,, Harold ttetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and Louisa M. Strayhorn Councd Members Votmg Nay Nolle Council Members Absent Wilham W tlarrtson, Jr Aprtl 25, 1995 - 27- Item V-L. 5 PUBLIC HEARING ITEM tt 39089 PLANNING Upon motion by Vtce Mayor Sessoms, seconded by Council Lady Strayhorn, City Counctl DEFERRED for an ADDITIONAL 180 DAYS (OCTOBER 24, 1995) an Ordinance for &scontmuance, closure and abandonment m the Petition of LAWRENCE A. SANCILIO, RACHEL V. SANCILIO, LENA SANCILIO, MAURICE STEINGOLD, LEWIS B. STEINGOLD and SIGNET BANK/VIRGINIA, Trustees under the Wtll of Israel StemgoM for the &scontmuance, closure and abandonment of portions of Wagner Street, First Street and Avenue E Application of Lawrence A Sanctho, Rachel V Sanctlio, Lena Sanctlio, Maurtce Stebtgold, Lew~s B Stemgold and Signet Bank~Virginia, Trustees under the Wtll of Israel Stemgold for the dtsconttnuance, closure and abandonment of the following streets Wagner Street Begtnntng at the southern boundary of Bonney Road and running tn a southerly d~rectton a &.stance of 1096 feet more or less to the northern boundary of the V~rgmta Beach-Norfolk Expressway First Street Beginning at the western boundary of Avenue E and running tn a westerly dtrect~on a &vtance of 349 78 feet Avenue E The western 25 O1 feet, begmmng at a point 200 feet south of Ftrst Street and rumttng ~n a .southerly dtrectton a dtstance of 214 67feet to the northern boundary of the Vtrgmta Beach-Norfi~lk Expressway L YNNHA VF, N BOROUGIt Voting. 9-0 (By ConsenO Counctl Members Vottng Aye John A Baum, Lmwood 0 Branch, III, Robert K Dean, tlaroM Hetschober, Barbara M Henley, Louts R Jones, Mayor Meyera E Oberndorf Nancy K Parker and Loud.sa M Strayhorn Council Members Voting Nay Nolte Council Members Abstaimng. Vice Mayor Wilham D Sessoms, Jr Council Members Absent Wilham W Itarrison, Jr. Vice Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2 1-639 14(G) of the Code of V~rgmia, he is an officer of Central Ftdehty Bank earning tn excess of $10,000 O0 annually. Central Fidelity Bank has outstanding loans with one of the property owners, Contractors Paving, Inc Central Ftdelity Bank also has a deed of trust on adjoining property to the .streets which are the subject of the petttion. Vice Mayor Sessoms' letter of April 12, 1994, l.S hereby made a part of the record. April 25, 1995 - 28 - Item V-L. 6. PUBLIC HEARING ITEM # 39090 PLANNING Mary Stmpktns, Prestdent of W. A. &mpkms and Associates, represented the apphcant Gerry Mott, 3404 Litchfield Rod, Phone 463-0116, represented the apphcant Upon motton by Vtce Mayor Sessoms, secomted by Counctlman Dean, Ctty Counctl DENIED the Application of JOHN CLARDY, M.D. fi)r a Variance to Sect.m 4 4 (d) of the Subdtvtsion Ordinance which requtres all lots' have direct access to a pubhc street at 3424 Litchfield Road. Appeal from Dectsions of Admtmstrattve Officers tn regard to certain elements of the Subdivtston Ordma.ce. .~ubdtvtston for John Clardy, MD. Property is located at 3424 Litchfield Road LYNNHA VEN BOROUGH Voting 9-1 Council Members Voting Aye John A Baum, Ltnwood 0 Bra~tch, III, Robert K~ Dean, , Itarold tletschober, Barbara M. tlenley, Louts R Jone& Mayor Meyera E. Oberndorf, Nancy K Parker and V~ce Mayor Wilham D Sessoms, Jr. Counctl Members Voting Nay. Louisa M Strayhorn Council Members Absent Wtlham W Harrtson, Jr Aprzl 25, 1995 - 29 - PUBLIC HEARING ITEM # 39091 PLANNING Robert Snowden, 5504 Parliament Drive, Phone' 497-7925, represented the apphcant Upon motion by Counctl Lady Strayhorn, seconded by Councd Lady Parker, City Councd APPROVED the Apphcation of THOMAS E. FLEMING for a Variance to Section 4.4(b) of the Subdivision Ordinance which requtres all newly created lots meet all requirements of the Comprehensive Zon#~g Ordinance at 5504 Parhament Drtve Appeal from Decisions of Admtmstrattve Officers tn regard to certain elements of the subdtvtston Ordinance, Subd~vtston for Thomas E Fleming. property ts located at 5504 Parhament Drtve KEMPSVILLE BOROUGH. Votm g : 10-0 Council Members Voting Aye. John A. Baum, Lmwood 0 Branch, III, Robert K Dean, , HaroM Hetschober, Barbara M tlenley, Louts R Jone& Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Louisa M Strayhorn Council Members' Voting Nay None Council Members' Absent' Wdham W ttarrtson, Jr April 25, 1995 - 30 - Item V-L. 8 PUBLIC HEARING ITEM # 39092 PLANNING Bruce W. Gallup, 315 First Colomal Road, Phone 428-8152, represented the apphcant Upon morton by Counctlman Dean, seconded by Councdman Branch, City Council APPROVED, AS CONDITIONED, the Apphcatton of BARBARA GRAY for Vartances to the Sub&vtston Or&nance re property at 2749 W Landing Road, containing 1 46 acres (PRINC£SS ANNE BOROUGH). Sectton 4 4(b) which requtres all newly created lots meet all requirements of the Comprehensive Zoning Ordinance Section 4.4(d) which requires all lot~' have threct access to a public street Appeal from Decistons of Administrative Offices tn regard to certatn elements of the Subdtvtston Or&nance, Subdtvtston fi~r Barbara Gray. property is' located at 2749 West Landing Road PRINCESS ANNE BOROUGtl. The followtng condittons shall be reqmred 1 Only one single family dwelhng .shall remain on each of the proposed lots' 2 All ad&ttonal nonconformtng travel traders and hvable structures shall be removed 3 All above referenced nonconforming structures must be removed prtor to final subd~vt s~on approval Voting. 10-0 Counctl Members Voting Aye John A Baum, Lmwood 0 Branch, III, Robert K Dean, Harold Itetschober, Barbara M Itenley, Lou~s R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and Loutsa M Strayhorn Council Members Voting Nay Not t e Council Members' Absent Wilham W. Harrison, Jr April 25, 1995 - 31 - Item V-L. 9. PUBLIC HEARING ITEM tt 39093 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, Ctty Council DEFERRED UNTIL MAY 9, 1995 the Apphcatton of ST. JOHN'S BAPTIST CHURCH for a Condittonal Use Permtt for a church (expanston) ORDINANCE UPON APPLICAYION OF ST JOHN'S BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (£'XPAN3YON) Ordtttattce upon apphcattott of ,~t Jo/~n's Bapttst Church for a Condtttonal Use Permtt for a church (expansion) on the east side of Holland Road, 50 feet more or less ~torth of t'rmce.~s Amte Road Said parcel ts located at 2356 tlolla~td Road and contains 502 acres PRINCESS ANNE BOROUGII Vottng. 10-0 (By ConsenO Counctl Members Voting Aye John A. Baum, Lmwood 0 Bra.ch, III, Robert K Dean, HaroM Hetschober, Barbara M. Ilenley, Louts R Jone& Mayor Meyera E Oberndorf, Nancy K Parker, V~ce Mayor Wtlham D Sessoms, Jr and Louisa M Strayhorn Council Members Voting Nay Non e Council Members' Absent Wdliam W. Harrtson, Jr Aprtl 25, 1995 - 32 - Item V-L. IO. PUBLIC HEARING ITEM # 39094 PLANNING Fred V. Watlans, 612 Cambria Court, Phone. 497-6860, represented the applicant and advised this application is located on the Hartley property Upon motion by Counctlman Dean, seconded b), Vtce Mayor Sessoms, City Council ADOPTED an Or&nance upon apphcatton of CHURCH OF THE REDEEMER, Pas'tot Wally Odum, for a Conditional Use Permtt ORDINANCE UPON APPLICATION OF TIlE CtlURCH OF TIlE REDEEM£R, PASTOR WALLY ODUM, FOR A CONDIIYONAL USE PERMIT R04951953 BE IT HEREBY ORDAINED BY TIlE COUNCIL OF TIlE CI~ OF VIRGINIA BEACIt, VIRGINIA Ordinance upon apphcatton of Church of the Redeemer, Pastor Wally Odum, for a Condtttonal Use Permit fi~r a church on certatn proeprty located on the southwest stde of Seaboard Road beginning at a point 920 feet more or les southeast of Bernadotte Street Said parcel contams 31 acres more or less PRINCESS ANNE BOROUGIt The following condttion s'hall be required Thts approval ts for "l'hase I" t( the project only, as outhned tit the submttted plan ?he first phaYe will include a sanctuary with a seating capactty of 750, claw rooms, admottstrattve offices, kttchen a~td 330 parking .spaces 2 Only one entrance from Seaboard Road will be allowed 3 There wtll be no parking ~paccs facing Seaboard Road The row of parking between the church and Seaboard Road wtll be eliminated and replaced with a grassed and landscaped area The applicant has volunteered to meet with the Design Advtsory Group prior to detailed site plan revtew to discuss the aesthetics of the proposed structure Noise attenuation measures are requtred m the co~tstructlon of the church Acousttcal treatments fi;r roof/celhng/extertor walls of 39 STC and doors~windows of 25 STC are required 7 Rtght and left turn lanes are requtred No acttvtttes wtll be scheduled that wouM generate traffic during the ttme school bus'e~ are coming and gol.g to Princess Anne Middle School Thts Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordtnance Adopted by the Council of the Ctty of Vtrgmta Beach, Virginia, on the Twenty-ftfth of April, Nineteen Hundred and Ninety-Five. April 25, 1995 - 33 - Item V-L. IO. PUBLIC HEARING ITEM # 39094 (Continued) PLANNING Voting I0-0 Council Members' Vottng Aye John A Baum, Ltnwood 0 Bra~tch, III, Robert K Dean, HaroM tletschober, Barbara M tlenley, Louts R. Jcmes, Mayor Meyera E Oberndorf, Nattcy K l'arker, Vtce Mayor Wtlham D Sessoms, Jr and Louisa M Strayhorn Council Members Voting Nay' Nolte Counctl Members Absent' Wilham W. tlarrtson, Jr Aprtl 25, 1995 - 34 - Item V-L 11. PUBLIC HEARING ITEM # 39095 PLANNING Ben Sorey, 704 Carmel Street, Phone 721-5910 Upon motion by Councilman Dean, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED an Ordinance upon apphcatton of BEN SOREY AUTO RACING & REPAIR, INC., for a Condittonal Use Permit. ORDINANCE UPON APPI. ICA170N OF BEN SOREY AUTO RACING & REPAIR INC, FOR A CONI)ITIONAL US'E PERMIT R04951954 BE IT HEREBY ORDAINED BY THE COUNCIL OF 77IE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of Be. Sorey Auto Racing &Repatr Inc, for a Conditional Use Permtt for the storage or processing of salvage, scrap or junk on the est stde of &rotc Drive begtmtmg at a point 432 43 feet southeast of London Brtdge Road Satd parcel ts located at 2724 Sonic Drive and contabts 2 9 acres, t'RINC~SS ANNE BOROUGH The followmg condttlons shall be reqmred The apphcant will petltum the Board of Zoning Appeals for a variance to the Category VI screemng reqmrement. If the petition ts not approved, the requtred Category VI ¥creenmg must be installed The applicant shall remove all discarded and unusable tires, auto parts, etc from the stte prior to City Counctl pubhc hearing o Only salvageable/usable vehtcles and parts shall be stored on the stte. These vehtcles and parts catt only be stored wit/mi the budding. Thts Ordinance shall be effective m accordance with Sectton 107 09 of the Zontng Ordinance. Adopted by the Council of the City of Vtrg#tla Beach, Vtrgmta, ott the Twen~. -fifth of April, Nineteen Hundred and NmeW-Ftve April 25, 1995 - 35 - Item V-L. 11. PUBLIC HEARING ITEM # 39095 (Continued) PLANNING Voting. 10-0 Council Members Voting .~lye John A. Baum, Lmwood 0 Branch, III, Robert K Dean, ttaroM tleischober, Barbara M Itcnlcy, Louis R. Jones, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, .Ir. and Louisa M Strayhorn Council Members Voting Nay Non e Council Members Absent' William W. tlarrtson, Jr April 25, 1995 - 36 - Item V-L. 12. PUBLIC HEARING ITEM # 39096 PLANNING Eric Markowskt, CEGG, 4425 Corporatton Lane, Phone' 499-4562, agent for the applicant Stuart Williams also represented the apphcant Upon moaon by Councdman Jones, seconded by Councd Lady tlenley, Ctty Council DENIED the Appltcatton of QUICK 10 CORPORATION for a Condtttonal Use l'ermtt for an automotive service facility: ORDINANCE UPON AI'I'I, ICAIION OF QUICK 10 CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN A UTOMOTIVE SERVICE FA CILII¥ Ordinance upon applicatton of Qutck 10 Corporatton for a Condiaonal Use Permtt for an automotive servtce facdity on the south stde of Virtgnia Beach Boulevard, begmmng at a point 195 feet est of Sdverbrook lane. Satd parcel contains 1 587 acres BAYSII)E BOROUGH Voting 10-0 Council Members' Voting Aye John A Baum, Lmwood 0 Branch, III, Robert K. Dean, Harold Hetschober, Barbara M. tlenley, Louts R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr. and Lomsa M Strayhorn Council Members Voting Nay. Nolte Council Members Absent Wilham W Harrtson, Jr Aprtl 25, 1995 - 37 - Item Y-N,l.a. NEW BUSINESS ITEM # 39097 COUNCIL-SPONSORED ITEM The following spoke in SUPPORT of the Ordinance: Attorney Charles M. Salle', 192 Ballard Court, Phone: 490-3000, represented the Ocean Park residents Dr. James Berger, 3652 Sea Gull Bluff, Phone: 460-4849 Judith 14. Connors, 3958 Whispering oaks Place, Phone: 464-3640 Bill Hardaway, 3658 Seagull Bluff Drive Upon motion by Councilman Jones, seconded by Vice Mayor Sessorns, City Council ADOPTED: Ordinance to establish Ocean Park Beach Sand Replenishment Project #2-998; and, to TRANSFER $400,000 from Citywide Sand Replenishment Project #2-077 to Ocean Park Beach Sand Replemshment #2-998. (Sponsored by Councilman Louis R. Jones) Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert I~ Dean and Nancy I~ Parker Council Members Absent: William W. Harrison, Jr. This item was MOVED FORWARD prior to the PLANNING AGENDA. April 25, 1995 REQUESTED BY. COUNCILMEMBER JONES AN ORDINANCE TO ESTABLISH OCEAN PARK BEACH SAND REPLENISHMENT PROJECT #2-998, AND TO TRANSFER $400,000 FROM CITYWIDE SAND REPLENISHMENT PROJECT #2-077 TO OCEAN PARK BEACH SAND REPLENISHMENT #2-998 WHEREAS, the last replenishment of sand on Ocean Park Beach was in 1991, WHEREAS, the next scheduled replenishment of sand on Ocean Park Beach will not occur until the Spring of 1997, as a component of the Lynnhaven Inlet Maintenance Dredging Project #2-014, 9 WHEREAS, due to the effects of erosion on Ocean Park Beach since 1991, there is an immediate need for sand replenishment this Spring, 11 WHEREAS, the estimated cost of such sand replenishment is $400,000, and 12 13 WHEREAS, there is $400,000 available from Citywide Sand Replenishment Project #2-077, which will not be needed during FY 1995-96, but will need restoring by FY 1996-97, 14 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that there be established in the capital improvement program Ocean Park Beach Sand Replenishment Project #2-998, 17 18 BE IT FURTHER ORDAINED that $400,000 be transferred from Citywide Sand Replenishment Project #2-077 to Ocean Park Beach Sand Replenishment Project #2-998 19 This ordinance shall be in effect from the date of its adoption 20 21 Adopted the 25 day of Aprxl Beach, Virginia. ,1995, by the Council of the City of Virginia APPROVED AS TO CONTENT Department of Management and Budget F k~VYJ~COUNCIL~OCF. ANPRK ORD - 38 - Item V-N.I.b. NEW BUSINESS ADD -ON ITEM # 39098 Mayor Oberndorf advised the City's Search and Rescue team will be returning from Oklahoma City tomorrow afternoon, March 26, 1995, at 4 O0 P.M Mayor Oberndorf expressed appreciatton for their unselfish endeavors under very dtfficult conditions. They deserve accolades on a "Job Well Done" under some very adverse circumstances April 25, 1995 - 39 - Item V-O 1. RECESS INTO EXECUTIVE SESSION ITEM # 39099 Mayor Meyera E. Obentdorf entertained a moaon to permzt C~ty Councd to conduct its EXECUTIVE SESSION, pursuant to Section 2 1-344, Code of V~rgbua, as amended, for the following purpose' LEGAL MATTERS Consultatum w~th legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable httgaaon, or other spec~ftc legal matters requesting the provtsion of legal advice by counsel pursuant to Section 2 1-344(..t)(7) To- W~t Lake Gaston Upon moaon by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, Ctty Councd voted to proceed into EXECUTIVE SESSION. Voting 10-0 Councd Members Votutg Aye John A. Baum, Lmwood 0 Branch, III, Robert K Dean, ttaroM tleischober, Barbara M ttenley, Louts R Jones, Mayor Meyera E Oberndorf, Nancy K Parker, V~ce Mayor Wdham D Sessoms, Jr and Loutsa M Strayhorn Councd Members Voting Nay. No l I e Council Members Absent Wilham W. tlarnson, Jr April 25, 1995 - 40 - ITEM # 39100 Mayor Oberndorf RECONVENED the FORMAL SESSION of &e VIRGINIA BEACH CITY COUNCIL in the Counctl Chamber, Ctty Hall Buil&ng, on Tuesday, April 25, 1995, at 10 22 PM Council Members Present John A Baum, Ltnwood 0 Branch, III, Robert K Dean, HaroM Hetschober, Barbara M Itenley, Louts R Jones, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr. and Lomsa M. Strayhorn Counctl Members Absent Wtlham W Harrtson, Jr ITEM # 39100a Upon motion by Vice Mayor Sessoms, seconded by Counctlman Jones, City Counctl CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc business matters lawfully exempted from Open Meetmg reqmrements by V~rg#tta law were &scussed m Executive Sesston to whtch this certtficatton resolutton apphes, Only such pubhc business matters as were tdenttfted m the motton convening the Executtve Sesston were heard, thscussed or conszdered by Virgmta Beach City Council Vottng 10-0 Council Members' Voting Aye. John A Baum, Lmwood 0 Branch, III, Robert K Dean, HaroM Hetschober, Barbara M. tlenley, Lou~s R Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor W~lham D Sessoms, Jr and Louisa M Strayhorn Council Members Vottng Nay. Non e Council Members' Absent Wtlham W Harrison, Jr April 25, 1995 Beso u ton CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 39099, Page No 39, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2 1-344 of the Code of Vlrgnua requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Vlrg~ma 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 Vlrg~ma law were discussed in Executive Session to which this certification 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 Ruth Hodges Smith, CMC/AAE City Clerk April 25, 1995 - 41 - ADJOURNMENT ITEM tt 39101 Mayor Oberndorf DECLARED the Ctty Counctl Meeting ADJOURNED at 4 35 P M Beverly 0 Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smtth, CMC/AAE Ctty Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virgtnia April 25, 1995