MAY 2, 1995 MINUTESCity o1' Virgi uia Beach
"WORLD'S LARGEST RESORT CITY'
CITY COUNCIL
MAYOR MEYERA
WCE MAYOR %V;LAi,,UW V S~SOMS,
JOHN ,4. BAUM, l)bclm~r B,w,mgh
LJNIVOOD 0 BRANCH IlL VeZ.,= Beech &mx~h
ROBF. RT lC DEAN, Pnr,~m Aa~e lionx~gh
HAROLD HE29CHOBER,
BAP. BAJ~ M HENLEY,
LOUISA M ~TRAYHORN, Keq~n- Bmx~k
]AME~ lC M~OR~, C,~
tF~ ~E L LILLEY, C~y
RUTH HODGES SM/TH. CMC / A,~. C,~ Cb,it
CITY COUNCIL AGENDA
May 2, 1995
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 254~-9005
(~04) 427-4505
I. AGENDA REVIEW SESSION
- Conference Room -
11:30 AM
ae
Be
REVIEW OF AGENDA ITEMS
CITY COUNCIL CONCERNS
II. A. CITY MANAGER'S BRIEFINGS - Conference Room -
I ·
TOLLWAY CONVERSION
Ralph A. Smith, Director, Public Works
·
EMPLOYEE SALARY MARKET DATA
Fagan Stackhouse, Director, Human Resources
III. INFORMAL SESSION
- Conference Room -
1:00 PM
ao
Be
Ce
CALL TO ORDER - Mayor Meyera E. Oberndorf
ROLL CALL OF CITY COUNCIL
RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION
- Council Chamber -
2:00 PM
A·
Ce
D.
Ee
CALL TO ORDER - Mayor Meyera E. Oberndorf
INVOCATION: Reverend John Jordan
Pastor - Retired - Galilee Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
i ·
Joint Meeting
Virginia Beach City Council/
Virginia Beach School Board
Special Formal Session
Public Hearing
Larkspur Middle School
Informal and Formal Sessions
April 18, 1995
April 18, 1995
April 20, 1995
April 25, 1995
G. ADOPT AGENDA FOR FORMAL SESSION
H. MAYOR'S PROCLAMATIONS
i ·
NATIONAL DRINKING WATER WEEK - May 7 - 13, 1995
Gary Jones
Engineering Manager, Public Utilities
AMERICAN WETLANDS MONTH - May 1995
Clayton H. Bernick
Administrator, Environmental Management
I. PUBLIC HEARINGS
i ·
FY 1995-1996 OPERATING BUDGET
FY 1995-1996 CIP CAPITAL BUDGET
FY 1995-2001 CAPITAL IMPROVEMENT PLAN
S837,627,355
$101,556,031
S950,785,234
GENERAL OBLIGATION BONDS S 51,100,000
(Schools, roadways, economic/tourism, buildings and
other public improvement pro3ects)
be
STORM WATER UTILITY REVENUE BONDS $ 2,243,500
(Improvements and expansions to the City's Storm Water
Utility System)
Ce
WATER AND SEWER SYSTEM REVENUE BONDS $ 6,593,000
(Improvements and expansions to the City's
Water-Sewer System)
d.
PROPOSED REAL PROPERTY TAX RATE
INCREASE
(3.3 cents School capital
project construction)
(1.5 cents Agricultural Reserve Program)
4.8 cents
of Sl00 assessed
value
e·
f ·
PROPOSED INCREASE OF REAL PROPERTY
TAX LEVIES
$1.188 per
"effective
tax rate"
AMEND Chapter 35 of the Code of the City of Virginia
Beach by ADDING a new Article XIII pertaining to local
telecommunication service taxes up to 83.00 per month,
effective July 1, 1995.
CONSEN~ 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. RESOLUTION/ORDINANCES
I ·
Resolution to request the Director of the Virginia Beach
Health Department continue to approve and participate in
neighborhood rabies vaccination clinics.
(Sponsored by Mayor Meyera E. Oberndorf)
2.
·
Ordinance to authorize the City Manager to submit an Annual
Funding Plan to the United States Department of Housing and
Urban Development re the review, approval and funding of the
City's 1995-1996 Annual Funding Plan.
Ordinances to grant franchises to operate open air cafes on
public property in the Resort Area; and, to authorize the City
Manager to execute franchise agreements beginning May 1, 1995,
(VIRGINIA BEACH BOROUGH):
a. FIVE-YEAR FRANCHISES
A.C.A. Corporation
t/a Black Angus
706 Atlantic Avenue
Sidewalk Cafe
Virginia George Co., Inc.
t/a Dough Boys 24th
2410 Atlantic Avenue
Sidewalk Cafe
Nabled Investors Partnership
t/a K-Walk Cafe
200 21st Street #106
Sidestreet Cafe
Nabled Investors Partnership
t/a Primo Pizza
200 21st Street #105
Sidestreet Cafe
Ramada on the Beach, L.C.
t/a Mahi Mah's
615 Atlantic Avenue
Boardwalk Cafe
Ramada on the Beach, L.C.
t/a Mahi Mah's
615 Atlantic Avenue
Connector Park Cafe
b.
ONE-YEAR FRANCHISES
Three East, Inc.
t/a 3 East Cafe
Newcastle Motel
t/a Peaches
Howard Johnson Boardwalk Hotel
t/a 18th Street Cafe
Ocean II Condominium
Owners Association
t/a Pogo's Seaside Grill
Beachside, L.C.
t/a Surfside Cafe
215 Atlantic Avenue
Boardwalk/Connector
Park Cafe
1203 Atlantic Avenue
Connector Park Cafe
1801 Atlantic Avenue
Connector Park Cafe
Connector Park Cafe
2607 Atlantic Avenue
Boardwalk Cafe
·
Ordinances authorizing tax refunds in the amount of
$14,594.90.
L. UNFINISHED BUS~NESS
M. NEW BUSINESS
1. COUNCIL-SPONSORED ITEM
a.
Hazel Hoban's residential structural damage resulting
from drainage ditch at 29?3 Cherie Drive, Lamplight Manor
(LYNNHAVEN BOROUGH).
(Sponsored by Councilman W. W. Harrison, Jr.)
N. ADJOURNMENT
CITY COUNCIL WORKSHOP SESSION
BUDGET RECONCILIATION
2 May 1995
Conference Room
(Immediately following Formal Session)
· , · · · · · * · *
BUDGET/C I P REVIEW SCHEDULE
FINAL WORKSHOP
BUDGET/C I P
ADOPTION
Thursday May 04 9 AM - 11 AM
Tuesday May 09 2 PM
Council Conference
Room
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)
* * * * · * * * * *
04/27/95CMD
AGENDA\05-02-95. ITM
MINUTES
VIRGINIA BEACH CITY COUNCIL
VirgInia Beach, Virginia
May 2, 1995
Mayor Meyera E. Oberndorf called to order the AGENDA REVIEW SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, May 2,
1995, 11.30 A.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, Barbara M
Henley, Harold Heischober, Louis R. Jones, Mayor Meyera E Oberndorf,,
Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Absent:
William W. Harrison, Jr. [ENTERED: 11:45: A.M.]
-2-
AGENDA REVIEW SESSION
ITEM # 39110
The City Manager advised there will be a CITY COUNCIL WORKSHOP for the BUDGET
RECONCILIATION immediately following the Formal Session.
ITEM # 39111
The City Manager referenced:
Resolution to request the Director of the Virginia Beach Health
Department continue to approve and participate in neighborhood rabies
vaccination clinics. (ICl.)
(Sponsored by Mayor Meyera E. Oberndorf)
Mayor Oberndorf advised Dr. Suzanne Dandoy - Health Director, has requested the removal of the
words: "Tidewater Humane". The revised ordinance was distributed to Members of City Council.
ITEM # 39112
Councilman Dean referenced:
Ordinance to authorize the City Manager to submit an Annual Funding
Plan to the United States Department of Housing and Urban
Development re the review, approval and funding of the City's 1995-
1996 Annual Funding Plan. (IC2.)
Councilman Dean requested "Neighborhood Services"in the amount of $243,923 under the topic of
Revitalization - other areas be defined.
May 2, 1995
-3-
AGENDA RE VIEW SESSION
ITEM # 39113
BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA:
O~INANCES/RESOL UTION
Resolution, as revised, to request the Director of the Virginia Beach
Health Department continue to approve and participate in neighborhood
rabies vaccination clinics (~1.)
(Sponsored by Mayor Meyera E. OberndorI)
Ordinance to authorize the City Manager to submit an Annual Funding
Plan to the United States Department of Housing and Urban
Development re the review, approval and funding of the City's 1995-
1996 Annual Funding Plan.
Ordinances to grant franchises to operate open air cafes on public
property in the Resort Area; and, to authorize the City Manager to
execute franchise agreements beginning May 1, 1995,
(VIRGINIA BEACH BOROUGH):
FIVE- YEAR FRANCHISES
A.C.A. Corporation
t/a Black Angus
706 Atlantic Avenue
Sidewalk Cafe
Virginia George Co., Inc.
t/a Dough Boys 24th
2410 Atlantic Avenue
Sidewalk Cafe
Nabled Investors Partnership
t/a K-Walk Cafe
200 21st Street #106
Sidestreet Cafe
Nabled Investors Partnership
t/a Primo Pizza
200 21st Street #105
Sidestreet Cafe
Ramada on the Beach, L.C.
t/a Mahi Mah's
615 Atlantic Avenue
Boardwalk Cafe
Ramada on the Beach, L.C.
t/a Mahi Mah's
615 Atlantic Avenue
Connector Park Cafe
ONE- YEAR FRANCHISES
Three East, Inc.
t/a 3 East Cafe
215 Atlantic Avenue
Boardwalk/Connector
Park Cafe
Newcastle Motel
t/a Peaches
1203 Atlantic Avenue
Connector Park Cafe
Howard Johnson Boardwalk Hotel
t/a 18th Street Cafe
1801 Atlantic Avenue
Connector Park Cafe
Ocean H Condominium
Owners Association
t/a Pogo's Seaside Grill
Connector Park Cafe
Beachside, L.C.
t/a Surfside Cafe
2607 Atlantic Avenue
Boardwalk Cafe
Ordinances authorizing tax refunds in the amount of $14,594.90.
May 2, 1995
-4-
CITY MANAGER'S BRIEFING
TOLL WA Y CONVERSION
11:42 A.M.
ITEM # 39114
Phil Davenport, Administrative Services Coordinator - Public Works, introduced Wayne White, District
Operations Engineer, Suffolk District - Virginia Department of Transportation and Peter R. Kolakowski,
Financial Planning and Debt Management Director - Virginia Department of Transportation.
Wayne White, distributed information relative the phases in the tollway conversion. Said information is
hereby made apart of the record The tolls shall be removed at 12:01 A.M. on the morning of June First.
The Contractor shall then begin removal of the toll collection equipment.
Once the toll equipment has been removed, the Contractor, Central Atlantic of Williamsburg, will begin
the removal of the toll island and canopy within fourteen (14) days. If the Contractor performs this work
earlier than 14 days, the contractor will receive $10,000 a day. If more than fourteen (14) days, he will
be charged $15,000 a day.
The State Police will be available to assist in traffic control, 24 hours a day during this first critical
phase of construction. The contractor shall conduct toll removal operations in such a manner that four
(4) lanes through traffic east, and four (4) lanes through traffic west are maintained at all times from 100'
east of toll plaza to 100' west of the toll plaza.
Under Phase Two, concrete barriers shall be installed as indicated by the solid line on each side of the
"hatched area" as depicted on the distributed sketch.
Under Phase Three, traffic will be placed on the outside and the concrete removed on the inside will be
replaced with asphalt. Therefore, the entire width of the plaza area will be opened to traffic after the
dismantling and reconstruction.
Phase Four constitutes a State Police Inspection Station. The State Police have also requested a "pocket"
be provided in the center of the roadway for their use in running radar on the Expressway. This will not
reduce the number of lanes.
After the work is completed at the main plaza, the contractor must also perform work on the ramps: The
treadles on the road and equipment must be removed. The area must be paved and restriped. All must be
complete by November First. State police will be used throughout the entirety of the project to aid tn
traffic control.
Peter R. Kolakowski distributed a Resolution authorizing the Defeasance of the Outstanding Bonds on
the Norfolk-Virginia Beach Toll Road and removal of the tolls effective June 1, 1995, and statistical
data detailing the Impact of Removing Tolls on the Norfolk-Virginia Beach Expressway. Said
information is hereby made a part of the record. The Bonds will be defeased either on May 31, 1995, or
at 9:00 A.M. on June 1, 1995. The Bonds will be redeemed to the year 2004. The Commonwealth
Transportation Board authorizes and directs the defeasance of the outstanding bonds from available
balances of the Norfolk-Virginia Beach Toll Road and irrevocable tnstructions be given to the Trustee
to call the bonds for redemption on July 1 in each of the years and in the principal amounts determined
to be the current revised Amortization Requirements calculated by the Trustee pursuant to the Trust
Indenture dated as of July 1, 1995, all in accordance with Article XII of the Trust Indenture.
May 2, 1995
-5-
CITY MANAGER'S BRIEFING
TOLL WA Y CONVERSION
ITEM # 39114 (Continued)
IMPACT OF REMOVING TOLLS
NORFOLK-VIRGINIA BEACH EXPRESSWAY
(in thousands)
Balance - July 1, 1994
Projected Revenues*
Total Estimated Funds Available
Projected Expenditures
Operations & Maintenance
Reserve Maintenance - Resurfacing of Roadway
Payment of Outstanding Bonds
Closeout Costs
Total Projected Expenditures
Funds Available to Complete Improvement
Improvement Program Projects
Birdneck Road Interchange
Park and Ride Lots
Traffic Management System
Widen Westbound Entrance Ramp at
Rosemont Road
Lighting from Rosemont Road to Parks Avenue
Widen Westbound Exit Ramp at Lynnhaven Parkway
Noise Abatement Measures
Total Improvement Program Projects
Ending Balance
$36,152
11,503
47,655
7,599
1o, ooo
7,579
3,000
28,178
19,477
5,670
5,732
2,~5~
200
3,407
400
19,360
$ 117
May 2, 1995
-6-
CITY MANAGER'S BRIEFING
EMPLOYEE SALARY MARKET DATA
12:05 P.M.
ITEM # 39115
Fagan Stackhouse, Director - Department of Human Resources, through the utilization of slides, detailed
the Market-Based Pay System.
What is a Market-Based System?
A Market-Based System means that the salary or pay is
driven primarily by the marketplace. Our system includes and
tracks data on:
Salaries
Consumer Price Index (CPI)
Comparative Cost-of-Living of Localities
Other Pay Factors
Why the Market-Based System?
Equity, Balance and Fairness
Provides increases to positions moderately and
significantly below the market
Holds constant those positions currently competitive
with the market
Reduces the pay range of positions above the market.
Adjusts, as necessary, pay scales to reflect market
competitiveness.
The Market Salary Survey focused nationally, regionally and locally to obtain sufficient data on a
diversified worlcforce of many different types of jobs. The survey included cities, counties, one state
government and private sector organizations to ensure a broad but characteristic representation of our
workplace jobs.
Number of Organizations Surveyed:
Number of Organizations Responding:
44 Public 14 Private
34 Public 5 Private
Data was captured on the 50th (median), 65th, and 75th Percentiles of the local regional national
markets. A review of the summary data, and, in particular, the pure raw data shows that a significant
number (greater than 50 percent) of the pay range maximums of positions are below the Median (50th
Percentile) and that an effort should be made to bring the pay of positions up to the median this year.
Additionally, a review of the City's pay scales shows that an increase ts necessary to stay in line with the
market while providing all employees eligible for merit pay some increased level of compensation
Mr. Stackhouse advised it would take approximately three years .for all employees to reach the fifty
percentile. The 65th percentile would be established as the upper limit.
May 2, 1995
-7-
CITY MANAGER'S BRIEFING
EMPLOYEE S~Y MARKET DATA
ITEM # 39115 (Continued)
PROPOSED MARKET-BASED PAY ADMINISTRATIVE GUIDELINES
Each year hereafter a market-based salary survey will be
conducted using similar methods and analysis as the 1994
survey, with amendments as necessary.
2. All salary adjustments shall be based on maximum salary
survey market results.
.
General increases will be discontinued. Periodic Pay Scale
Adjustments will be made to align the pay scale with the
market to maintain competitiveness.
Establish a minimum pay target level at the 50th percentile of
market for all pay plan positions based on maximum of pay
range salary and insure all positions are adjusted to target
level maximums.
5. Establish a goal of paying all pay plan positions at the 65th
percentile of the market.
Employees with maximum pay levels between the 50th and 65th
percentile, shall be considered to be within our "market band"
for competitive salaries. These employees will not receive range
adjustments at this time.
Internal job studies will continue to be conducted to support
the rapidly changing structure of jobs and resulting position
realignment.
The proposed FY 95-96 Budget includes three (3) percent of Payroll Costs for employee pay increases.
Options for the funding for the market-based pay system are being developed for City Council's
consideration.
RECOMMENDED SEQUENTIAL STEPS FOR MARKET SALARY SURVEY RESULTS
1. Make a 1.5% pay plan adjustment effective July I, 1995.
2 Provide a 1.5% pay increase effective July 1, 1995, for
employees who are below the minimum of their pay range.
For positions below the 50th Percentile, reallocate (move)
positions upward no more than two (2)pay ranges effective
July I, 1995.
For positions above the 65th Percentile, reallocate (move)
positions downward no more than two (2)pay ranges effective
July I, 1995.
On anniversary date, allow up to 4.5% merit increase for
eligible employees, formerly topped-out employees will be
eligible for a 1.5% merit increase.
These recommendations will encompass both the General Employees Pay Plan and the Administrative
Pay Plan.
May 2, 1995
-8-
ITEM # 39116
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, May 2, 1995, at 1:20 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K, Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
May 2, 1995
-9-
ITEM # 39117
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-heM property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(,4)(3).
To-Wit: Acquisition/Disposition of Property - Social Services Project
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section Z1-344(,4)(7).
To- Wit: Amphitheater
Upon motion by Vice Mayor Sessorns, seconded by Councilman Jones, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting ,4ye:
John ./1. Baurn, Linwood O. Branch, III, Robert K. Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members ,4bsent:
None
May 2, 1995
- 10 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
May 2, 1995
2:20 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 2, 1995, at 2:20 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
INVOCATION:
Reverend John Jordan
Pastor - Retired - Galilee Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessorns, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Banlc The Vice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council. Vice
Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record
May 2, 1995
- 11 -
Item IV-C.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 39118
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
Only such public business matters as were identified tn the motion
convening the Executive Session were heard, discussed or considered by'
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, ll61liam W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 2, 1995
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 # 39117, Page No. 9, 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 Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this 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.
City Clerk
May 2 1995
- 12 -
Item IV- F. 1. 2.
MINUTES
ITEM # 39119
Upon motion by V~ce Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the JOINT MEETING OF VIRGINIA BEACH CITY COUNCIL/ VIRGINIA BEACH
SCHOOL BOARD INFORMAL AND SPECIAL FORMAL SESSIONS of April 18, 1995.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert lC Dean, William W.
Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy lC Parker, Vice Mayor William D.
Sessoms, Jr., and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 2, 1995
- 13 -
Item IV-F. 3.
MINUTES
ITEM # 39120
Upon motion by Vice Mayor Sessorns, seconded by Councilman Jones, City Council APPROVED the
Minutes of the PUBLIC HEARING - LARKSPUR MIDDLE SCHOOL of April 20, 1995
Voting: 9-0
Council Members Voting Aye:
John A. Baton, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf,, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober and Louisa M. Strayhorn
Council Members Absent:
None
Council Members Heischober and Strayhorn ABSTAINED as they were not in attendance during the
Public Hearing of April 20, 1995.
May 2, 1995
- 14 -
Item IV-F. 4.
MINUTES
ITEM # 39121
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of April 25, 1995, AS CORRECTED:
Page 37, ITEM #39097
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)
The vote should correctly state "8-2" rather than 10-0, with City
Council Members Dean and Parker voting NAY.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E
Oberndo~ Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr.
Council Members Absent.
None
May 2, 1995
- 15 -
Item IV-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 39122
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 2, 1995
- 16 -
Item IV-H. 1.
MAYOR'S PR OCL4MA TIONS
ITEM#39123
Mayor Oberndorf PROCLAIMED:
May 7- 13, 1995
NATIONAL DRINKING WATER WEEK
This Proclamation called upon all citizens and civic organizations to acquaint themselves with the
importance of safe drinking water and the many ways it plays a vital role in our lives.
Gary L. Jones, Utility Engineering Manager, ACCEPTED the Proclamation accompanied by the
following:
James W.. Sarver -
Joseph P. Martin -
Claude W. Walck -
R. Talmadge Pt'land -
Utility Operations Manager
Utility Business Manager
Customer Services Manager
Special Projects Coordinator
May 2, 1995
-17-
Item IV-H. 2.
MA YOR 'S PROCLAM~ TIONS
ITEM # 39124
Mayor Oberndorf PROCLAIMED:
MAY 1995
AMERICAN WETLANDS MONTH
Clayton H. Bernick, Administrator Environmental Management, ,4CCEPTED the Proclamation.
The following Members of the Wetlands Board were in attendance:
Edward ,4. Barco
Steven R. Barnes
Captain C. H. Dorchester
James O. Hertz
Mike Milanovich
This Proclamation encourages all citizens to increase their understanding and appreciation of wetlands,
and to become personally involved in stewardship activities for protection of this vital natural resource.
Mayor Oberndorf advised ora grass planting at the Marine Science Museum Friday, May 5, 1995, at 2:00
PM in recognition of the WETLANDS.
May 2, 1995
- 18 -
Item 1V-H. 3.
MAYOR'S ANNOUNCEMENT
ITEM # 39125
Mayor Oberndorf read into the record correspondence from Dale Banning of Oklahoma City and Andrew
Burke, Economic Development Director - Oklahoma City, former Economic Development Director of
Virginia Beach, recognizing and extending appreciation for the heroic service performed by Virginia
Beach City Employees who were members of the FEMA Urban Search and Rescue Team.
May 2, 1995
- 19 -
Item IV-I. 1.
PUBLIC HEARINGS
ITEM # 39126
Mayor Oberndorf DECLARED A PUBLIC HEARING:
FY 1995-1996 OPERATING BUDGET $837,627,355
FY 1995-1996 CIP CAPITAL BUDGET $101,556,031
FY 1995-2001 CAPITAL IMPROVEMENT $950,785,234
GENERAL OBLIGATION BONDS $ 51,100,000
(Schools, roadways, economic/tourism, buildings and
other public improvement projects)
STORM WATER UTILITY REVENUE $ 2,243,500
BONDS
(Improvements and expansions to the City's Storm Water
Utility System)
WATER AND SEWER SYSTEM $ 6,593,000
REVENUE BONDS
(Improvements and expansions to the City's Water-Sewer
System)
PROPOSED REAL PROPERTY
TAX RATE INCREASE 4.8 cents
of $100 assessed
(3.3 cents School capital value project construction)
(1.5 cents Agricultural Reserve Program)
PROPOSED INCREASE OF REAL
PROPERTY TAX LEVIES
$ 1.188
"effective tax rate"
AMEND Chapter 35 of the Code of the City of Virginia Beach by
ADDING a new Article 11711 pertaining to local telecommunication
service taxes up to $3.00 per month, effective July 1, 1995.
The following speakers registered to speak.
Francis & Edison B. Granger, Jr., 1532 Shorehaven Court, Phone: 481-3044, Tax Assessment.
Dean Dasilva, 106 Dunbar Drive Suffolk 23434, Phone: 539-4349, Salary and Personnel
Sam Brown, 928 Winthrope Dr. 23452, Phone: 431-2797, Dredging Western Branch, Lynnhaven River
David Hughes, 6396 Blackwater Rd. 23457, Phone: 421-2382, Salary Survey
Diane Hartig, 2232 Windbranch Cir 23456, Phone: 468-3865, Kellam Addition
Robert Dedman, 3728 Lynnfield Dr. 23452, Phone: 463-2032, Dredging Western Branch Lynnhaven River
Slap Johnson, 2675 Elson Green Ave 23456, Phone: 721-6968, Budget -Schools
Dominic Melito, 4246 Beasley Ct. 23462, Phone. 490-7024, CIP - Schools
Ruth Jackson Mashburn, 1320 W. Little Neck Pt. 23452, Phone: 463-0120, Dredging Western Branch
Lynnhaven River
Linda Hinnant, 700 Greensboro Ave 23451, Phone: 422-3341, Budget - Schools, President, Shadow
Lawn Civic League
Fred Dean, 3895 Old Shell Rd. 23452, Phone: 486-4520, Dredging Western Branch Lynnhaven River
April Elmore, 5009 Westgrove Rd 23455, Phone: 497-0837, Budget - City Employees
Rob Valentine, 2308 Tartingers Quay 23456, Phone: 427-0490, Budget - City Employees
Heather Tace, 800 Adrian Dr. 23452, Phone: 463-1688, CIP - Schools
Shirley Robbins, 965 Colonial Meadows Way 23454, Phone: 481-3046, CIP- Schools, President First
Colonial High Parent, Teacher, Student Association
Tara Taubman, 3042 Lynndale Rd. 23452, Phone: 340-7771, First Colonial Addition
May 2, 1995
- 20 -
Item IV-L1.
PUBLIC HEARINGS
ITEM # 39126
Donald Clark, 1312 W. Little Neck Rd. 23452, Phone: 486-3453, Dredging Western Branch Lynnhaven
River
Al Strazzullo, 3120 Sand Pt'ne Road 23451, Phone: 481-0024, Budget
Suzie Birdsong, 1589 Bay Point Dr. 23454, Phone: 481-3237, First Colonial High
Joe Kocinski, 1045 Briarwood Pt. 23452, Phone: 340-4116, Dredging Western Branch Lynnhaven River
Don Perry, 106 58th Street 23451, Phone: 422-0764, Agricultural Reserve, President, Audubon Society -
Va. Beach Chapter
Steven Steinhilber, 652 Thalia Road 23452, Phone: 340-5125, Dredging Western Branch Lynnhaven
River
Benny Bannerman, 2473 Eastchester Dr. 23454, 486-2763, Dredging Western Branch Lynnhaven River
Dennis Ackerman, 397 Little Neck Rd. 23452, Phone: 431-4738, Agricultural Reserve
Nick Savage, 4345 Country Club Cir 23455, Phone: 460-1076, Dredging Western Branch Lynnhaven
River
Sue Carlyle, 1425 Alanton Dr. 23454, Phone: 481-2538, Agricultural Reserve
Joseph Gurney, 3850 Little Neck Rd. 23452, Phone. 340-3526, Dredging Western Branch Lynnhaven
River
Sidney Berg, 4043 N. Witchduck Rd., Phone: 464-9290, Dredging Western Branch
Nicholas Maiuro, 596 Water Oak Road, 23452. Phone: 486-7861, proposed Rate for Garbage
Forrest Fowler, 3900 Old Shell Road, 23452, Phone: 340-3540, Dredging Western Branch Lynnhaven
River
Fred Adams, 1548 Edgewater Drive 23464, Phone: 467-2775, ARP
Homer H. Hanna, 4849 Strand Drive, Phone: 467-3049, ARP
Irene L. Stephens, 1409 Back Cove Road, 23454, Phone: 481-2270, tax increases
Gary Hudspeth, 4509 Clemsford Drive 23456, Phone' 495-9321, ARP
Delceno Miles, 3641 Head River Road 23456, Phone; 421-7140, Schools/Police
William C. Forbes, 600 Wild Duck key 23452, Phone: 498-7970, Dredging Western Branch Lynnhaven
River
Linda Lundquist, Charlottesville, Virginia, Phone: 395-6106, Director of Virginia Chapter Nature
Conservancy, ARP
Mary Heinricht, 5016 Mosby Road 23455, Phone: 460-0750, Ad Hoc Southern Watersheds Committee,
Michele Shean, 1873 Malbon Road, Phone: 426-5207, ARP
Tim Barrow,, 1928 Thunderbird Drive 23454, Phone: 481-6154, ARP
Eileen Seeley, 3737 Lynnfield Dr. 23452, Phone: 463-5959, Dredging Western Branch Lynnhaven River
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
May 2, 1995
- 21 -
Item IV-K
CONSENT AGENDA
ITEM # 39127
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in
ONE MOTION, Items 1 (AS AMENDED), 2, 3 and 4 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert ~ Dean, William W.
Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy I~ Parker, Vice Mayor William D
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 2, 1995
Item IV-ICI
CONSENT AGENDA
ITEM # 39128
RES OL UTIONS /ORDINANCES
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED, AS
AMENDED:
Resolution to request the Director of the Virginia Beach Health
Department continue to approve and participate in neighborhood rabies
vaccination clinics.
(Sponsored by Mayor Meyera E. Oberndorf)
*The verbiage "Tidewater Humane, Incorporatea~ a nonprofit
organization" shall be deleted from the Resolution.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
May 2, 1995
Requested by Mayor Meyera E. Oberndorf
A RESOLUTION REQUESTING THE DIRECTOR
OF THE VIRGINIA BEACH HEALTH
DEPARTMENT TO CONTINUE TO APPROVE
AND PARTICIPATE IN NEIGHBORHOOD
RABIES VACCINATION CLINICS
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WHEREAS, the City of Virginia Beach has experienced twenty-
nine reported cases of rabies since 1992, including fourteen known
cases in 1994 and one such case in 1995;
WHEREAS, unvaccinated dogs and cats are at an extreme risk of
contracting rabies and, in turn, infecting humans with this deadly
disease;
WHEREAS, financial restraints and transportation limitations
affecting portions of the City's animal owner population create
circumstances where the number of accessible veterinarians
available to provide rabies vaccinations is inadequate to meet the
public health needs;
WHEREAS, the Virginia Beach Health Department has therefore,
in the past, approved and participated in rabies vaccination
clinics in selected neighborhoods throughout the City where such
needs existed;
WHEREAS, these neighborhood clinics, staffed and coordinated
by Virginia Beach volunteer veterinarians, provide rabies
vaccinations at a reduced cost to the animals' owners;
WHEREAS, Virginia Code Section 3.1-796.97 authorizes the
conducting of rabies clinics upon a finding by the governing body
"that the number of resident veterinarians is inadequate to meet
the need";
WHEREAS, Virginia Code Section 3.1-796.100 further authorizes
local governing bodies to adopt "ordinances , regulations or other
measures as may be deemed reasonably necessary to prevent the
spread within its boundaries of the disease of rabies"; and
WHEREAS, such neighborhood clinics, supplementing existing
veterinary facilities, are considered essential to meet the need to
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ensure full rabies protection within the City, consistent with
Virginia Code Section 3.1-796.97 and pursuant to Virginia Code 3.1-
796.97:1, requiring that all dogs and cats be vaccinated for
rabies;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds that due to financial
restraints and transportation limitations affecting portions of the
City's animal owner population, access to, and hence the
availability of, veterinarians is inadequate to meet the public
health needs to prevent the spread of rabies;
That, in an effort to prevent the spread of rabies in the City
of Virginia Beach, thereby protecting the health, safety and
welfare of its citizens and visitors alike, the City Council hereby
requests the Director of the Virginia Beach Health Department to
continue to approve and participate in neighborhood rabies
vaccination clinics on an on-going, as-needed basis; and
That this Resolution shall remain in full force and effect for
one year from the date of adoption, and may be re-adopted each year
thereafter upon a like finding of need.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2nd day of May, 1995.
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CA-5835
ORDIN%NONCODE~RABIES.RES
R-13
MAY 2, 1995
APPROVED AS TO LEGAL
Department ot w
- 23 -
Item IV-K. 2
CONSENT AGENDA
ITEM # 39129
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to authorize the City Manager to submit an Annual Funding
Plan to the United States Department of Housing and Urban
Development re the review, approval and funding of the City's 1995-
1996 Annual Funding Plan.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
May 2, 1995
I AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN ANNUAL
FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
4
WHEREAS, the United States Congress has established legislation
designated as the Housing and Community Development Act of 1974 setting forth as
a national goal the development of viable urban communities; and
WHEREAS, there is federal assistance available for the support of
8 Community Development and Housing activities directed toward specific objectives
9 such as the elimination of deteriorated conditions in Iow and moderate income
10 neighborhoods; the elimination of conditions which are detrimental to health, safety
11 and welfare; the conservation and expansion of the City's housing stock; the
12 expansion and improvement of the quantity and quality of community services; and
13 other related activities; and
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WHEREAS, the City of Virginia Beach has developed an Annual Funding
15 Plan and has structured the necessary mechanisms for its implementation in
16 compliance with federal and local directives;
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
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That the City Manager is hereby authorized and directed as the chief
20 executive and administrative officer of the City to submit the Annual Funding Plan and
21 amendments thereto and all understandings and assurances contained therein, and to
22 provide such additional information as may be required to the Department of Housing
23 and Urban Development to permit the review, approval, and funding of the City's
24 1995-1996 Annual Funding Plan.
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2
26 day of
Adopted by the Council of the City of Virginia Beach, Virginia on this
May , 1995.
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APPROVED AS TO CONTENT:
~ndrew M. Friedman, Director
Department of Housing and
Neighborhood Preservation
APPROVED AS TO FORM:
- 24 -
Item IV-IC3
CONSENT AGENDA
ITEM # 39130
RESOLUTIONS~ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinances to grant franchises to operate open air cafes on public
property in the Resort Area; and, to authorize the City Manager to
execute franchise agreements beginning May 1, 1995,
(VTRGINIA BEACH BOROUGH):
FIVE- YEAR FRANCHISES
A.C.A. Corporation
t/a Black Angus
706 Atlantic Avenue
Sidewalk Cafe
Virginia George Co., Inc.
t/a Dough Boys 24th
2410 Atlantic Avenue
Sidewalk Cafe
Nabled Investors Partnership
t/a K- Walk Cafe
200 21st Street #106
Sidestreet Cafe
Nabled Investors Partnership
t/a Primo Pizza
200 21st Street #105
Sidestreet Cafe
Ramada on the Beach, L.C.
t/a Mahi Mah's
615 Atlantic Avenue
Boardwalk Cafe
Ramada on the Beach, L.C.
t/a Mahi Mah's
615 Atlantic Avenue
Connector Park Cafe
ONE- YEAR FRANCHISES
Three East, Inc.
t/a 3 East Cafe
215 Atlantic Avenue
Boardwalk/Connector
Park Cafe
Newcastle Motel
t/a Peaches
1203 Atlantic Avenue
Connector Park Cafe
Howard Johnson Boardwalk Hotel
t/a 18th Street Cafe
1801 Atlantic Avenue
Connector Park Cafe
Ocean II Condominium
Owners Association
t/a Pogo's Seaside Grill
Connector Park Cafe
Beachside, L C.
t/a Surfside Cafe
2607 Atlantic Avenue
Boardwalk Cafe
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones,
Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 2, 1995
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AN ORDINANCE GRANTING FRANCHISES FOR
THE OPERATION OF OPEN AIR CAFES IN
THE RESORT AREA
WHEREAS, the City has adopted, and incorporated into a
Franchise Agreement, regulations for the operation of open air
cafes on public property in the Resort Area;
WHEREAS, each of the following corporations/companies
(hereinafter referred to as "Grantees") has submitted an
application for the operation of an open air cafe at the location
indicated, and has paid the required application fee:
1. Three East, Inc. (t/a 3 East Cafe)
(boardwalk/connector park cafe)
215 Atlantic Avenue
Virginia Beach, VA 23451
2. Newcastle Motel (t/a Peaches)
(connector park cafe)
1203 Atlantic Avenue
Virginia Beach, VA 23451
3. Howard Johnson Boardwalk Hotel (t/a 18th Street
Cafe)
(connector park cafe)
1801 Atlantic Avenue
Virginia Beach, VA 23451
4. Ocean II Condominium Owners Association (t/a Pogo's
Seaside Grill)
(connector park cafe)
Virginia Beach, VA 23451
5. Beachside, L.C. (t/a Surfside Cafe)
(boardwalk cafe)
2607 Atlantic Avenue
Virginia Beach, VA 23451
WHEREAS, the representations made in the applications
comply with the aforementioned regulations; and
WHEREAS, the Department of Convention and Visitor
Development has determined that the proposed cafes will have no
detrimental effect on the public health, safety, welfare, or
interest, and will enhance the festive atmosphere in the Resort
Area.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That a franchise is hereby granted to each of the above-
listed Grantees to operate an open air cafe at the address
indicated herein from May 1, 1995, to April 30, 1996, conditioned
on provision by each Grantee of an approved final site plan,
liability insurance coverage, a security bond, and applicable
franchise fee, and on compliance with all of the terms and
conditions of the Franchise Agreement; and
That the City Manager is hereby authorized to enter into
a Franchise Agreement with each Grantee subject to the
aforementioned conditions.
on this 2
Adopted by the City Council of the City of Virginia Beach
day of May 1995.
CA-5917
DATA/ORDIN/NONCODE/FRANCH.ORD
APRIL 25, 1995
Ri
APPROVED AS TO CONTENT~
APPROVED AS TO LEGAL
SUFFI~m~
AN ORDINANCE GRANTING FRANCHISES FOR
THE OPERATION OF OPEN AIR CAFES IN
THE RESORT AREA
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WHEREAS, each of the following corporations/companies
(hereinafter referred to as "Grantees") has requested renewal of
its respective franchise for the operation of an open air cafe at
the location indicated:
·
A.C.A. Corporation (t/a Black Angus)
(Atlantic Avenue sidewalk cafe)
706 Atlantic Avenue
Virginia Beach, VA 23451
President: Christopher Savvides
·
Virginia George Co., Inc. (t/a Dough Boys 24th)
(Atlantic Avenue sidewalk cafe)
Post Office Box 49
Virginia Beach, VA 23458
·
Nabled Investors Partnership (t/a K-Walk Cafe)
(Atlantic Avenue sidestreet cafe)
200 21st Street #106
Virginia Beach, VA 23451
·
Nabled Investors Partnership (t/a Primo Pizza)
(Atlantic Avenue sidestreet cafe)
200 21st Street #105
Virginia Beach, VA 23451
·
Ramada on the Beach, L.C. (t/a Mahi Mah's)
(boardwalk cafe)
615 Atlantic Avenue
Virginia Beach, VA 23451
·
Ramada on the Beach, L.C. (t/a Mahi Mah's)
(connector park cafe)
615 Atlantic Avenue
Virginia Beach, VA 23451
WHEREAS, the city has developed a Franchise Agreement for
the regulation of open air cafes which each of the above-listed
Grantees will be required to execute as a condition of franchise
renewal; and
WHEREAS, based on each Grantee's successful operation of
an open air cafe pursuant to a franchise for the period May 1,
1994, to April 30, 1995, the Department of Convention and Visitor
Development has recommended a five-year renewal of the franchise of
42 each of the foregoing Grantees.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That a Franchise is hereby granted to each of the
above-listed Grantees to operate an open air cafe at the address
indicated herein, from May 1, 1995, to April 30, 2000, conditioned
on each Grantee's execution of the above-referenced Franchise
Agreement and compliance with the terms and conditions thereof.
2. That the City Manager, or his duly authorized
designee, is hereby authorized to execute, on behalf of the City,
the above-referenced Franchise Agreement with each Grantee.
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on this
Adopted by the City Council of the City of Virginia Beach
2 day of May 1995.
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CA-5916
DATA / ORDIN/NONCODE / FRANCHI S. ORD
APRIL 25, 1995
Ri
,~VED AS TO CONTEN~
Vm~tor Development
APPROVED AS TO LEGAL
SUFFICIENCY
Item IV-K. 4
CONSENT AGENDA
ITEM # 39131
RESOL UTIONS/ORDINANCES
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $14,594.90 upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
May 2, 1995
4/12/95 EMC
FORM NO C A 7
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 certihcation of the Treasurer are hereby approved:
Tax Type Ticket Exonera- Date Penalty Int.
NAME Year of Tax Number tion No. Paid
Total
Croshaw Beale Hauser etal 95 RE(l/2
Bei Jing Express 95 RE( 1/2
Life Savings Bank 95 RE(l/2
Standard Federal S&L 95 RE( 1/2
First Union Mortgage 95 RE(l/2
First Union Mortgage 95 RE(l/2
B A Mortgage 95 RE(l/2)
B A Mortgage 94 RE(l/2)
B A Mortgage 94 RE(2/2
Mark S Stiles 94 RE(l/2)
Mark S Stiles 94 RE(2/2)
Va Beach Federal Savings 93 RE(l/2)
Va Beach Federal Savings 93 RE(2/2)
Va Beach Federal Savings 92 RE(l/2)
Va Beach Federal Savings 92 RE(2/2)
) 007772-7 11/4/94 413.32
) 130331-1 12/5/94 446.59
) 027703-9 12/5/94 171.00
) 009724-2 11/23/94 58.73
) 084826-2 11/23/94 285.96
) 115080-5 11/23/94 592.48
045856-6 11/23/94 57.33
045510-5 11/23/93 65.94
04 5510-5 5/27/94 65.94
052901-8 11/30/93 5,547.65
052901-8 6/5/94 5,547.65
056871-6 12/5/92 22.67
056871-6 6/5/93 22.67
056240-1 12/5/91 22.67
056240-1 6/5/92 22.67
To ta 1
13,343.27
Th~s ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$13,343.27 were approved by
the Council of the O~ty of V~rg~nia
Beach on the_2 _day of Hay, 19.9.5
Ruth Hodges Smith
C~ty Clerk
J ohr~r~T. Atkl~son, 'l~reas"6rer
V
Approved as to form:
Le~l,e~L L, Iley-'[ C,~ ~or~.~
FORM NO C A 7
·
4/20/95
/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
Edward G Deibert 95
Lee Chong Tai Enterprises 95
Ira N Dalgarn 95
Thurmond & Micahelle Oliver 95
Alex H & Priscilla Adkins 95
William K Johnson 95
Cheryl A & J F inguerra 95
Joe L & Margaret David 95
Kenneth B & Patricia Rhodes 95
Justo & Salvacion Manglicmot 95
Donald J & Sarah Drake 95
Jean & Beatriz Balavoine 9b
Barbara Ann Beashears N/A
RE(l/2) 029355-6 3/21/95 36,37
RE(l/2) 068591-8 3/21/95 51.35
RE(l/2) 027228-5 3/29/95 51.85
RE(l/2) 087995-0 3/17/95 59.47
RE(l/2) 000684-9 3/20/95 223.84
RE(l/2) 060192-8 3/21/95 49.85
RE(l/2) 037631-5 3/27/95 142.61
RE(l/2) 027973-2 3/29/95 53.40
RE(l/2) 098183-9 3/21/95 182.21
RE(l/2) 073296-6 3/30/95 82.27
RE(l/2) 032083-9 3/20/95 90.49
RE~I/2) 005212-9 3/24/95 207.92
Pkng B29598 1/3/95 20.00
Total
1,251.63
This ordinance shall be effective from date of adoption.
Th~,bL~_~~ ~tement(s)totaling
· were approved by
the Council of the City of Vi,rginia
Beach on the__g__day of may, 1995
Ruth Hodges Smith
C~ty Clerk
Certi'
John
~j/...,,,~ ~ed s to paym nt;
~. ,~,~ ~ ~'~s o~ ,-Xl' reas u r er
Approved as to form:
- 26 -
Item IV-M.l.a.
NEW BUSINESS
ITEM # 39132
Hazel Hoban's residential structural damage resulting from drainage
ditch at 2973 Cherie Drive, Lamplight Manor
(L YNNHA VEN BOROUGH).
(Sponsored by Councilman W.. W. Harrison, Jr.)
Hazel Hoban, 2973 Cherie Drive, Lamplight Manor, represented herself
Attorney Jerry Mack Douglas, Jr., Attorney at Law, 485 South Independence Boulevard, Suite 108, Phone:
490-7030, represented Hazel Hoban
John Herzke, City Engineer, advised the City does not find evidence of erosion occurring on the bank
which is highly stabilized with vegetation. There is no build-up of sediment on the bottom of that canal
or on the back of the bank. There is settlement under the foundation of the house.
Lewis H. Bridges, Jr., Consulting engineer, employed by Mrs. Hoban, advised the house is too close to
the canal. The solution would involve either the relocation of the canal, placing a pipe in the canal or
building a bulkhead on the southeast side of the property.
City Council requested Councilman Harrison confer with John Herzke, City Engineer, and the City
Attorney to review the situation and make his recommendation to City Council.
May 2, 1995
- 27 -
Item IV-gl.
ADJOURNMENT
ITEM # 39133
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:45 P.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
Upon ADJOURNMENT, City Council CONVENED the CITY COUNCIL WORKSHOP SESSION FY
1995-1996 OPERATING BUDGET/ FY 1995-2001 CAPITAL IMPROVEMENT PLAN
RECONCILIATION WHICH ADJOURNED at 9.17 P.M.
City of Virginia Beach
Virginia
May 2, 1995
I
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0 S
H I B T
A S E S R
DATE May2, 1995 B R C H R P E A
PAGE 1 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 I III
I AGENDA REVIEW SESSION
A REVIEVV OF AGENDA ITEMS
B CITY COUNCIL CONCERNS
II/A BRIEFINGS
1 TOLLWAY CONVERSION Ralph A Smith
D~r Pubhc Works
2 EMPLOYEE SAI_A~Y MARKET DATA Fagan
Stackhouse
Dir Human
Resources
Ill/IV/ CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y ¥ Y Y Y Y
E SESSION
F MINUTES
1 Jmnt Meebng - C~ty CounmV
School Board
18 April 1995
APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
2 Specml Formal Session
18 April 1995
3 Pubhc Heanng APPROVED 9-0 Y Y Y Y A Y Y Y Y Y A
20 April 1995 B B
S S
T T
A A
I I
N N
E E
D D
4 Sessions APPROVED 10-0 Y Y Y A Y Y Y Y Y Y Y
25 April 1995 AS B
CORRECTED S
T
A
I
N
E
D
G ADOPT AGENDA FOR FOR FORMAL ADOPTED B Y C O N S E N S U S
SESSION
H MAYOR'S PROCLAMATIONS
1 NATIONAL DRINKING WATER WEEK Gary Jones
May 7 - 13 1995 Eng Mgr
Pub Ubl
2 AMERICAN WETLANDS MONTH Clayton Bermck
May 1995 Adm~n Env~ron-
mental Mgmt
I PUBLIC HEARINGS
1 FY 95-96 Budget $837,627,355
FY 95-96 CIP Capital 101,556,031
Budget
FY 95-2001 ClP 950,785,234
a G O Bonds (Schools/ 51,1 00,000
roadways/economm/
tourism/other ~mprove-
ment projects)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0 S
H I B T
A S E S R
DATE' May2, 1995 B R C H R P E A
PAGE 2 R R H E J N A S Y
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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
III I II I
b Storm Water Utility 2,243,500
Revenue Bonds
(Improvements/
expansions to Water-
Sewer System)
c Water/Sewer System 6,593,000
Revenue Bonds
(Improvements/
expansions to Water-
Sewer System)
d Proposed Real Property 4 8 cents
Tax Rate Increase of $100
(3 3 cents School assessed
cap,al project value
construction)
(1 5 cents Agrmultural (ARP)
Reserve Program)
e Proposed Increase of $1 188 per
Real Property Tax "effectrve
Levies tax rate"
f AMEND Chapter 35 of the Code by
ADDING ArtK=le XlII pertaining to local
telecommumcabon service taxes up to
$3 00 per month, effective 1 July 1995
J/K/1 Resolutmn to request Health Dept ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
continue neighborhood rabies vacclnatmn BY
chmcs (Sponsored by CONSENT
Mayor Meyera E Oberndorf)
2 Ordinance to authorize an Annual ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Funding Plan to HUD re C~ty's 1995-1996 BY
Annual Funding Plan CONSENT
3 Ordinances to grant franchises to operate ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
open a~r cafes on pubhc property ~n the BY
Resort Area/author~.e agreements CONSENT
beg~nmng 1 May 1995
(VIRGINIA BEACH BOROUGH)
a FIVE-YEAR FRANCHISES
A C A Corp Va Black Angus
706 Atlanbc Avenue
VIrg~ma George Co Inc
t/a Dough Boys 24th
2410 AtlantK: Avenue
Nabled Investors Partnership
t/a K-Walk Cafe
200 21st Street #106
Nabled Investors pertnersh~p
t/a Primo P~zza
200 21 st Street #105
Ramada on the Beach L C
t/a Mahl Mah's
Boardwalk Cafe
615 Atlanbc Avenue
Ramada on the Beach L C
t/a Mah~ Mah's
Connector Park Cafe
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0 S
H I B T
A S E S R
DATE May 2, 1995 B R C H R P E A
PAGE 3 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
b ONE-YEAR FRANCHISES
Three East Inc
t/a 3 East Cafe
215 Atlantic Avenue
Newcastle Motel
Fa Peaches
1203 Atlanbc Avenue
Howard Johnson Boardwalk Hotel
t/a 18th Street Cafe
1801 Atlantic Avenue
Ocean II Condominium Owners Assoc
t/a Pogo's Seaside Grill
Connector Park Cafe
Beachslde LC
t/a Surfs~de Cafe
2607 Atlanbc Avenue
ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
4 Tax refunds $14,594 00 BY
CONSENT
L/M/1 COUNCIL-SPONSORED ITEM
a Hazel Hoban's residential structural Referred for B Y C O N S E N S U S
damage resulbng from drmnage d~ch further
at 2973 Chene Drive Lamphght Manor study
(LYNNHAVEN BOROUGH) (Sponsored
by Councilman W W Harnson Jr)
N ADJOURNMENT 5'45 PM
WORKSHOP
BUDGET RECONClEATION 5 48 PM -
917 PM
BUDGET/CIP REVIEW SCHEDULE
BUDGET/CIP Tuesday May 09 2 PM Council Chamber
ADOPTION