OCTOBER 3, 1995 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MESERA E OBERNDORF At Large
VICE MAYOR WILLIAM D SESSOMS, JR, At Large
JOHN A BAUM, Blackwater Borough
LINWOOD 0 BRANCH Ill V~rgmm Beach Borough
ROBERT K DEAN, Princess 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 P4RKER At Large
LOUISA VI STRAYHORN, Kempsmlle Borough
JAMES K SPORE, C~ty Manager
LESLIE L LILLEY, C~ty Attorney
RUTH HOD(,ES SMITH CMC / AAE, C~tv Clerk
CITY COUNCIL AGENDA
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456 9005
(804) 427 4303
October 3, 1995
I. CITY N~.NAGER'S BRIEFINGS
- Conference Room -
11:30 AM
ae
Bo
CENTRAL BUSINESS DISTRICT - Related Amendments
Robert J. Scott, Director of Planning
INDUSTRIAL DEVELOPMENT AUTHORITY BOND
Gary Fentress, Assistant City Attorney
II. AGENDA REVIEW SESSION
ae
Be
REVIEW OF AGENDA ITEMS
CITY COUNCIL CONCERNS
III. INFORMAL SESSION
- Conference Room -
1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend David Slayton
Green Run Baptist 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
September 26, 1995
G. ADOPT AGENDA FOR FORMAL SESSION
He
CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. PRESENTATION
i ·
PRINCESS ANNE HIGH SCHOOL RESOLUTION
Mayor Meyera E. Oberndorf
Council Lady Barbara M. Henley
J. ORDINANCES
i ·
Ordinance to APPROPRIATE $500,000 from Aetna Fire and Casualty
Company to the School Self Insurance Fund for expenses related
to Princess Anne High School Fire; and, estimated revenues
from insurance be increased accordingly.
0
Ordinance to AMEND Water Conservation Ordinance No. 94-2286F
by ADDING an exemption for essential governmental services,
certified nursing facilities and hospitals.
·
Ordinance to APPROPRIATE $63,000 from fund balance in the
Access Channel Support Services Special Revenue Fund re
purchase or video production equipment.
K. PUBLIC HEARING - PLANNING
i ·
Petition of the CITY OF VIRGINIA BEACH for the ~iscontinuance,
closure and abandonment of a portion of Atlantic Avenue
beginning at the Southern boundary of Cavalier Drive and
running in a Southerly direction 450 feet more or less,
containing 21,938 square feet (VIRGINIA BEACH BOROUGH).
Deferred Indefinitely:
August 22, 1995
Recommendation:
APPROVAL
L. APPOINTMENTS
HUMAN RIGHTS COMMISSION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
fl * * * * fl fl fl fl
COUNCIL SESSION OF OCTOBER 10, 1995
RESCHEDULED TO
OCTOBER 17, 1995
fl fl fl fl fl fl * fl fl
* * * * * * * * *
PUBLIC HEARINGS - CITY COUNCIL CHAMBER
OCTOBER 24, 1995 - 6:00 PM
NOVEMBER 14, 1995 - 2:00 PM
RE: ELECTION DISTRICTS
* * * * * * * * *
* * * * * * * * *
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)
0g/28/g5BAP
AGENDA\ 10\03\ 95. ITM
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, V~rg~n~a
October 3, 1995
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING of the VIRGINIA
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, October
3, 1995, at 11:30 A.M.
Council Members Present:
John A. Baum, HaroM Heischober, Louis R. Jones, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
Vice Mayor William D. Sessorns, Jr.
Linwood O. Branch, III
Robert K. Dean
William ~. Harrison, Jr.
Barbara M. Henley
[ENTERED: 11:50 A.M.]
[ENTERED: 11:50 A.M.]
[CHAIRING the Chesapeake Bay AXAP
Board Meeting with the STATE ASAP
Committee]
[ENTERED: 11:43 A.M.]
[ENTERED: 11:45 A.M.]
Louisa M. Strayhorn [ENTERED: 11:46 A.M.]
-2-
CITY MANAGER'S BRIEFING
CENTRAL BUSINESS DISTRICT
11:30 A.M.
ITEM # 39831
Robert J. Scott, Director of Planning, advised various amendments to the Zoning Ordinance were
necessary to accommodate development in the Central Business District. Amendments shall be presented
to the Planning Commission on October 11, 1995, and the City Council on November 28, 1995. These
amendments have been jointly derived by the Planning Staff, Planning Commission SubCommittee, and
the Central Business District Association.
Tom Pauls, Department of Planning, advised the Central Business District Plan is composed of many
parts. There is an approved Pembroke Central Business District Master Plan that has served as a policy
basis. In addition, there are zoning text amendments, a Subdivision Regulation change, amendments
to the Public Works Specifications and Standards Manual and a minor City Code amendment. In the
future, amending the Zoning Map will be investigated. The changes suggested to the Zoning Ordinance
at the present time effect only the text. They do not change the map; therefore, the Zoning Classification
proposed will not apply to the area in question.
Mr. Pauls cited contributors to the Plan: Gerald Divaris, Burrell Saunders - Current President of the
CBDBA; William Cashtnan, Previous President - CBDBA, Michael Ash, Bill Toner, Richard Oliveri, and
Cheryl /ivery-ltargrove - Planning Commission, Sub Chair. The Staff has coordinated with
neighborhood groups: Pembroke Manor, Larkspur and Columbus Station. The tnitial reaction received
from those individuals is they are positively receiving this information in terms of the overall concept.
The key elements of the Plan would be to create a new Zoning Classification within the CBD core
(approximately 87 acres). This core is the heart of the Central Business District Study area. The intent
is to provide another developmental opportunity for the City of Virginia Beach that departs from the
typical type of development. The majority of the development is suburban in nature with a great
dependency on the automobile to get from Point A to Point B. This will be changed within this core. This
area would be pedestrian friendly and an attraction for business. This new zoning classification would
be called Central Business Core District (B-3A). The Central Business District Zoning Classification
is B-3. There wouM be changes to the uses being more of an urban type. The City would emphasize retail
on the ground level offices and some residential not to exceed 25% within fairly high rise structures,
in order to be in conformance with the 70-30 concept. The gross floor area of all residential uses within
this area would be no more than 25% of the total gross floor area of all uses; thereby emphasizing the
commercial use. The staff is also focusing upon off-site parking. There is a provision that is needed in
the Zoning Ordinance that would focus on the need to centralize the parking and then there could be a
multi-mobil system whereby, either by bike, rail or walking, citizens could go from those points and then
move by walking throughout most of the other portions of the Central Business District.
Setback and Dimensional requirement changes are being considered. At the present time, there exists
a 3S-foot front yard setback for buildings within the B-3 District. This is to provide for front parking,
and to avoid moving the building against streets that are utihzed for suburban purposes. Under this
scenario, the City is investigating changing the function of the street in order for there to be greater
emphasis of the pedestrian.
The subdivision amendment proposed would widen the minimum sidewalk width from four to ten feet,
and in many instances would even be wider. The staff is investigating a grid street pattern. Cross sections
are being evolved with the Public Works Department, in order for the City to have' Public Works
Specifications and Standard Manual Cross Sections that fit well with the Zoning Classifications. Instead
of the 35-foot setback, there would be a zero front yard setback. The storefronts would abut right up to
the sidewalk. ~It the present time, there is no building height limitation./Ilthough the standards are fairly
significant, the emphasis is that in the Master Plan, the City is investigating focusing the higher buildings
in the core area near the location of the Divaris Tower and as one moves away from the area, the height
as well as the mass of the buildings will decrease as it reaches Pembroke Manor and Columbus Station.
The City is not looking at any adverse impact on the neighborhoods. This is one of the main emphasis of
the Master Plan and has been well received at the Public Meetings.
October 3, 1995
-3-
CITY MANAGER'S BRIEFING
CENTRAL BUSINESS DISTRICT
11:30 A.M.
ITEM # 39831 (Continued)
The Staff is also suggesting an encroachment change be made to the City Code. This would allow for
moderate encroachment of such things as the outdoor cafes within the public right--of-way. This is a
multi-faceted plan. After the adoption of the text and prior to the adoption of the map, many issues must
be resolved in terms of development, design concepts, financing proposals, parking plans and traffic
studies.
Until the Zoning Map is amended, the existing B-3 zoning prevails.
October 3, 1995
-4-
CITY MANAGER'S BRIEFING
INDUSTRIAL DEVELOPMENT AUTHORITY BOND
12:25 P.M.
ITEM # 39832
Gary Fentress, Assistant City Attorney, referenced the proposed City Council Policy Regarding Private
Activity Bond Requests. The State legislation which controls the issuance of IDB's provides that such
bonds may be issued "for the benefit of the inhabitants of the Commonwealth, for the increase of their
commerce and for the promotion of their safety, health, welfare, convenience and prosperity." Thus a
public benefit must be realized through the project to be financed as a condition of approval of the bonds.
This policy will be presented to City Council on October 17, 1995, for adoption.
If adopted, this will ensure the City Council is always looking to make that appropriate factual
determination, as to whether or not a public benefit is presented by an issue. The following documents
shall be submitted to the City Council with all Industrial Development Bond requests:
The Authority shall require the applicant or a representative of the
applicant, to appear before the Authority in person, and state, for the
record, the public benefits presented by the project.
The Authority shall state its reasons for approving the issuance of the
bonds for the project and why the issuance of bonds will be a benefit to
the City.
By law, the fiscal impact statement must be included; however, in
instances where the fiscal impact does not reveal the public benefit, a
separate statement which identifies the public benefit shall be included.
A letter from the appropriate City department as to the benefits of the
project to the City shall be included. In the case of the economic
development projects, this shall be the Department of Economic
Development. In the case of housing projects, this shall be the
Department of Housing and Neighborhood Preservation. In other cases
the appropriate department shall be designated by the City Attorney.
A new and improved DISCLOSURE STATEMENT wouM be provided, identifying all of the principals
behind a given application. Responsibility for the coordination of staff comments and presentation of same
to the Authority and the City Council shall rest with the City Attorney.
In some instances the new policy might not be required, where there are minor changes in existing bond
documents i.e, a change in Trustees.
October 3, 1995
-5-
AGENDA
REVIEW
12:38 P.M.
SESION
ITEM # 39833
Council Lady Parker referenced:
J. 2. Ordinance to AMEND Water Conservation Ordinance No. 94-
2286F by ADDING an exemption for essential governmental
services, certified nursing facilities and hospitals.
Council Lady Parker had requested an explanation relative what pending governmental services, certified
nursing facilities and hospitals plan to connect to the water supply. The City Manager advised the City
was attempting to develop a standard that in order to connect to the public water system, the service must
be an essential function rather than as prescribed in the old ordinance.
ITEM # 39834
BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA:
ORDINANCES
J. 1
Or&'nance to APPROPRIATE $500,000 from Aetna Fire and
Casualty Company to the School Self Insurance Fund for
expenses related to Princess Anne High School Fire; and,
estimated revenues from insurance be increased accordingly.
J. 2
Ordinance to AMEND Water Conservation Ordinance No. 94-
2286F by ADDING an exemption for essential governmental
services, certified nursing facilities and hospitals.
J. 3
Ordinance to APPROPRIATE $63,000 from fund balance in
the Access Channel Support Services Special Revenue Fund re
purchase of video production equipment.
ITEM # 39835
The City Manager referenced
IC1 Petition of the CITY OF VIRGINIA BEACH for the
discontinuance, closure and abattdonmet~t of a portion of
Atlantic Avenue beginning at the Southern boundary of Cavalier
Drive and running in a Southerly direction 450 feet more or
less, containing 21,938 square feet (VIRGINIA BEACH
BOROUGH).
Bids have been received on this project and are considerably over the estimated costs in terms of the total
projects costs. There have been very large increases from Virginia Power on the underground worlc The
City wishes to approve this petition and schedule for the City Council Session of October 17, 1995, a
recommendation relative funding and worla'ng with VEPCO and The Cavalier to have this last Section
9 of the Beautification Project completed.
October 3, 1995
-6-
LAKE GASTON
ITEM # 39836
The City Attorney advised with Judge Hogan's ruling last Thursday, September 28, 1995, the posture of
the Lake Gaston case has changed. The ruling by Judge Hogan was the last of ten Court challenges by
North Carolina to the project. All were ruled in favor of Virginia Beach.
The City Attorney advised on Friday afternoon, Scott Hart indicated North Carolina had WITHDRAWN
their request for a stay from Judge Hogan. Therefore, there are no pending stay motions. North Carolina
has filed an appeal of the Burke decision and the City awaits other appeals; however, at this moment this
is the status.
The City Manager advised this afternoon, Tuesday, October 3, 1995, the City will be opening bids on the
pipeline section of the project and on Thursday, October 5, 1995, will be opening bids on the pump
station.
October 3, 1995
-7-
CITY COUNCIL CONCERNS
12:45 P.M.
ITEM # 39837
Mayor Oberndorf read Councilman Dean's letter into the record:
"Dear Members of Council:
A Meeting of the State AX4P Commission and Members of the Executive
Committee of the CHEX4PEAKE BAY ASAP Board has been scheduled
for today at 1:00 P.M.
As the Chairman of the Board (Effective July 95) it is imperative that I
attend this meeting at our local office with the State Commission
Members.
I regret any inconvenience that this may have caused Council, but I will
make every effort to get to the Council Meeting following completion of
the ASAP discussions.
Sincerely,
s/Robert lC Dean"
ITEM # 39838
Council Lady Parker referenced the article in the Wall Street Journal relative a group of economists
challenging whether the CPI (Consumer Price Index) is the best way to judge inflation factors. Council
Lady Parker distributed a copy of the article to the City Manager.
October 3, 1995
-8-
ITEM # 39839
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, October 3, 1995, at 12:50 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis t~ Jones, Mayor Meyera E.
Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Absent:
Robert I~ Dean
October 3, 1995
-9-
ITEM # 39840
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its' EXECUTII/'E
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (,4) (1).
To ~it: Appointments - Boards and Commissions:
Human Rights Commission
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 2.1-344(A)(7).
Virginia Power Franchise
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndo~ Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members l/bting Nay:
None
Council Members Absent:
Robert IC Dean
October 3, 1995
- 10 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
October 3, 1995
2:00 P34.
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, October 3, 1995, at 2:00 P.M.P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, 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:
Robert IC Dean
[CHAIRING the Chesapeake Bay ASAP
Board Meeting with the STATE ASAP
Committee]
INV~ATION:
Reverend David Slayton
Green Run Baptist Church
PLEDGE OF AI2.EGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
October 3, 1995
- 11 -
Item IV-E.
CERTIFICATION OF
EXECUTIFE SESSION
ITEM # 39841
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;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Robert K. Dean
October 3, 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 # 39840 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 wcrc identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
l~uth Hod~Smith, CMC/AAE
City Clerk
October 3, 1995
- 12 -
Item IV-E1.
MINUTES
ITEM # 39842
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the INFO~ AND FORMAL SESSION of September 26, 1995, AS CORRECTED:
ITEM # 39818, Page 29
A motton was made by Councilman Harrtson, seconded by Vice Mayor Sessoms to
Maintain the Status Quo, conttnumg to provtde commercial waste management
services to the Resort Area wtth a transttton at the end of the two year pertod
to a franchtse for waste collectton servtces
The five Councd Members Vottng Nay, were incorrectly listed under Council Members
,~bsent, rather than Council Members Voting Nay The Correct vote should be'
Vottng' 5-5 (MOTION LOST TO A TIE VOTE)
Councd Members Votmg ~4ye
F~lham FK. Harrt.~on, Jr, Harold Hetschober, Mayor Meyera E Oberndorf,
Vice Mayor Wilham D Sessoms, Jr and Loutsa M Strayhorn
Council Members Voting Nay
John/L Bautn, Robert K. Dean, Barbara M Henley, Louts R. Jones and Nancy
K Parker
Counctl Members Abstamtng'
Ltnwood O. Branch, III
Council Members ,4bsent'
None
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr., Harold
tleischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Robert K. Dean
October 3, 1995
- 13 -
Item IV-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 39843
BY CONSENSU~ City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
October 3, 1995
- 14 -
Item IV-L
PRESENTATION
ITEM # 39844
Mayor Oberndorf and Council Lady Henley presented a RESOLUTION IN RECOGNITION:
PRINCESS ANNE HIGH SCHOOL
Patricia Griffin
Principal
Sarah Bowles
SCA President
Joyce Davis
PTSA President
Pat Bowles
Fire Recovery Co-Chairman
Patricia Angelo
Volunteer Co-ordinator
The Mayor advised Council Members Henley and Parker and City Attorney Leslie L. Lilley were
graduates of Princess Anne High School.
In the early morning hours of Friday, September 1, 1995, Princess Anne High School was consumed by
fire which did substantial damage to major portions of the school. This Resolution RECOGNIZED the
extraordinary efforts of the citizens during this difficult time; although, flames may have consumed the
physical edifice known as "Princess Anne High School", they have not diminished the sense of
commitment, harmony, fellowship and support.
October 3, 1995
- 15 -
Item IV-L
CONSENT AGENDA
ITEM it 39845
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Council lardy Strayhorn, City Council APPROVED
in one motion Items, 1, 2 and 3 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Robert IC Dean
October 3, 1995
- 16 -
Item IV-J. 1.
CONSENT AGENDA
ITEM # 39846
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Council IxMy Strayhorn, City Council ADOPTED:
Ordinance to APPROPRIATE $500,000 from Aetna Fire and Casualty
Company to the School Self Insurance Fund for expenses related to
Princess Anne High School Fire; and, estimated revenues from
insurance be increased accordingly.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William IV.. Harrison, Jr., Harold
Heischober, 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:
Robert K. Dean
October 3, 1995
AN ORDINANCE TO APPROPRIATE $ 500,000 FROM
AETNA FIRE AND CASUALTY COMPANY
TO THE SCHOOLS SELF INSURANCE FUND FOR
EXPOSES RELATED TO PRINCESS ANNE HIGH SCHOOL FIRE
WHEREAS, the School Division has incurred significant costs related to replacement of
6 furniture and materials, relocation of quarters, and other expenses caused by the Princess Anne
7 High School fire of September 1, 1995;
WHEREAS, the Aetna Fire and Casualty Company is the insurance carrier holding the
9 Princess Anne High School policy for the Virginia Beach City Public Schools;
10
WHEREAS, the Aetna Fire and Casualty Company has, to date, made available a payment
of five hundred thousand dollars ($500,000) for the operational expenses associated with the fire.
12
13
NOW, THEREFORE, BE IT ORDAINF~ BY THE CITY COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA that funds in the amount of $500,000 be appropriated to the
School Self Insurance Trust Fund for payment of operational expenses associated with the
16 Princess Anne High School fire, and that estimated revenues from insurance be increased by
17 $500,000.
18
This ordinance shall be effective on the date of its adoption.
19 Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of
October
,1995.
20
21 Approved as to Content:
23 Walter C. Kraemer, Jr.
B3mkl ~ob96yr~ord sch
APPROVED AS TO
LEGAL SU,:FlClEkCY
-17-
Item/V'-J. 2.
CONSENT AGENDA
ORDINANCES
~EM #39~7
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to AMEND Water Conservation Ordinance No. 94-2286F by
ADDING an exemption for essential governmental services, certified
nursing facilities and hospitals.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis t~ Jones, Mayor Meyera E.
Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Robert K. Dean
October 3, 1995
AN ORDINANCE AMENDING THE WATER CONSERVATION ORDINANCE
(ORDINANCE NO. 94-2286F) BY ADDING AN EXEMPTION FOR
ESSENTIAL GOVERNMENTAL SERVICES, AND CERTIFIED NURSING
FACILITIES AND HOSPITALS
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
3O
31
32
33
34
35
36
37
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Ordinance No. 94-2286F, pertaining to the conservation of
the public water supply pending completion of the Lake Gaston Water
Supply Project, be, and hereby is, amended and reordained, and
shall read as follows:
Section 1. Declaration of Emergency.
There is hereby declared to exist within the City of Virginia
Beach an emergency arising out of a shortage of public water
supplies.
Section 2. Prohibition of new connections to the public
water supply system
Except as provided in Section 3 of this ordinance, there shall
be no new connections to the City water system until such time as
the Lake Gaston Pipeline Project, including its intake and
conveyancing facilities and their appurtenances, is substantially
complete.
Section 3. Exemptions.
Notwithstanding the provisions of Section 2 of this ordinance,
connections to the City water system will be allowed, but not
required, in the following cases if all other requirements of law
pertaining to such connections have been met:
(a) Lots abutting a City water main on February 11, 1992,
where the owner or his predecessor in title has directly
participated in paying the cost of constructing the main; provided,
however, that the total water demand resulting from development of
any such lot, as subdivided, shall not exceed the maximum potential
water demand which could result from the lawful development on the
lot of any permitted principal use, or combination of such uses, in
the zoning district in which such lot is located. The Director of
Public Utilities shall determine the water demand of any proposed
use, based upon the application of accepted engineering practices
and comparative water usage rates for similar uses;
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(b) Lots upon which a proposed development is the subject of
an approved site development plan or an approved preliminary
subdivision plat as of the date of adoption of this ordinance,
where construction of the water distribution system serving such
development has commenced, or is bonded, in accordance with an
approved plan for such construction. Where construction or bonding
of a water distribution system serving only a portion of a
subdivision has commenced or occurred, this exemption shall apply
only to that portion;
(c) Publicly-funded residential neighborhood water projects,
or combined water and sewer projects, where construction of water
distribution systems is complete or has commenced or where the City
Manager determines, based upon reports, recommendations or other
information provided by the Department of Health, that there is a
significant hazard to the health and safety of the residents of
such a neighborhood by reason of the unavailability of City water;
(d) Public and other schools satisfying the compulsory
education requirements of Section 22.1-254 of the Code of Virginia,
public facilities for police, fire protection~ and emergency
medical services and other essential governmental services,
certified nursinq facilities and hospitals, as defined in Section
32.1-123 of the Code of Virginia, and facilities of public service
companies regulated as public utilities under Title 56 of the Code
of Virginia, where no alternative supply is available;
(e) Residential neighborhoods served by privately-owned water
systems, where the City Council has determined, by resolution, to
acquire such systems;
(f) Undeveloped lots, lawfully created prior to the date of
adoption of this ordinance, upon which construction has been
authorized pursuant to a valid building permit issued prior to the
date of adoption of this ordinance; provided, that this exemption
shall apply for only so long as such building permit remains in
effect; or
(g) Lots created by replatting subsequent to the vacation of
lot lines within a subdivision, where the lots platted are part of
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an overall plan of development approved by the City Council prior
to February 11, 1992, and:
(1) The combined area of the new lots equals or is less
than the combined area of the original lots; and
(2) The vacation of lot lines was performed in order to
(i) bring such lots into conformity with zoning or
subdivision requirements, or (ii) to comply with
conditions attached by the City Council to
development plan approvals, including street
closures.
Section 4. Construction of water distribution systems.
(a) Except as provided in subsection (b), where public water
distribution systems or fire hydrants, or both, would be required
pursuant to Section 5.8 of the Subdivision Ordinance or Section 5
of the Site Plan Ordinance, or any similar successor ordinance or
requirement, but for the provisions of this ordinance, such water
distribution systems and fire hydrants shall be designed and bonded
but not constructed during the period this ordinance remains in
effect.
(b) At the option of the developer, water distribution
systems and fire hydrants may be constructed, subject to the
following conditions:
(1) Except as otherwise provided in this ordinance,
connections of individual lots to the City water
system shall not be permitted;
(2) The minimum allowable private well system for
individual lots shall be a two (2) - inch single
pipe deep well ejector system which meets all
requirements of the Virginia Health Department;
(3) The Director of Public Utilities shall determine,
based upon sound engineering practices and
considerations of public safety, whether the water
distribution system shall be kept in service for
fire protection and system reliability only or
maintained in a dry condition;
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(4) The developer shall be responsible for all work
required to obtain the City's final acceptance of
the system and all costs associated therewith,
including, but not limited to, flushing, testing,
repair, replacement, restoration, and inspection;
and
(5) A performance bond or other surety, in a form
satisfactory to the City Attorney and in an amount
no less than twenty (20) per cent of the total
construction cost of the water distribution system
shall be required. Such bond or other surety shall
remain in full force and effect until such time as
connection to the City water system is fully
integrated and the water distribution system is
accepted by the City.
Section 5. Deferral of neighborhood water projects.
Neighborhood water projects funded in the Capital Improvements
Program shall not be constructed during the period in which this
ordinance remains in effect except under the following conditions:
(1) A sanitary sewer project is scheduled for contemporaneous
construction or construction of the water distribution system only
provides fire protection or system reliability;
(2) The Director of Public Utilities shall determine, based
upon the application of sound and generally-accepted engineering
practices, whether the water distribution system is to be
maintained in a dry condition or placed in service for fire
protection or system reliability purposes only; and
(3) Except as otherwise provided in this ordinance,
connections of individual lots to the City water supply system
shall not be permitted.
Section 6. Prohibition of certain uses of the public
water supply.
In accordance with Section 37-21 of the City Code, the City
Manager is hereby authorized and directed to order the prohibition
of the following uses of the public water supply:
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(a) Watering of shrubbery, trees, lawns, grass, plants or
other vegetation, except from a watering can or other container not
exceeding three (3) gallons in capacity;
(b) Washing of automobiles, trucks, trailers or any other
type of mobile equipment, except in facilities operating with a
water recycling system approved by the City, or except from a
bucket or other container not exceeding three (3) gallons in
capacity; provided, that any facility operating with an approved
water recycling system must prominently display, in public view, a
sign stating that such a recycling system is in operation;
(c) Washing of sidewalks, streets, driveways, parking areas,
service station aprons, exteriors of homes, apartments, commercial
or industrial buildings or any other outdoor surface, except from
a bucket or other container not exceeding three (3) gallons in
capacity;
(d) The operation of any ornamental fountain or other
structure making a similar use of water;
(e) The filling of swimming or wading pools or the refilling
of swimming or wading pools which are drained after the effective
date of the order;
(f) The use of water from fire hydrants for any purpose other
than necessary governmental operations; and
(g) The serving of drinking water in restaurants, cafeterias
or any other establishment, unless requested by the individual
being served.
Section 7. Conflicting, etc. ordinances.
(a) The provisions of Section 37-5(a) and (b) of the City
Code, pertaining to mandatory connections to the public water
supply system, are hereby suspended during the period this
ordinance remains in effect.
(b) In the event any other ordinance, resolution, regulation,
policy or standard of the City shall conflict, or be inconsistent,
with the provisions of this ordinance, the provisions of this
ordinance shall control.
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Section 8. Severability.
The provisions of this ordinance shall be deemed to be
severable, and in the event one or more such provisions shall be
adjudged or declared to be invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions shall be
unaffected thereby and shall remain in full force and effect.
Section 9. Transition provisions.
Notwithstanding the provisions of Section 3(b), connections to
the public water supply system shall be allowed where construction
plans for a water distribution system serving a development have
been approved on or before April 30, 1992, and one of the following
applies:
(a) Such plans are submitted on or before February 28, 1992
and pertain to portions of a development which is the subject of an
active, approved preliminary subdivision plat and construction of
the water distribution system serving such development commences or
is bonded by April 30, 1992;
(b) Such plans have expired and re-approval has been
requested, in writing, on or before February 28, 1992, and
construction of the water distribution system serving such
development commences or is bonded by April 30, 1992; or
(c) Such plans pertain to a development which is the subject
of a site plan which has been submitted as of the date of adoption
of this ordinance, where construction of such system commences or
is bonded by April 30, 1992.
Section 10. Conditional use permits.
No conditional use permit granted by the City Council shall
become void by reason of failure to commence the construction or
use authorized by such conditional use permit within the period of
time set forth in Section 221 of the City Zoning Ordinance, if such
failure is the result of the application of the provisions of this
ordinance to the property to which the conditional use permit
pertains. In such cases, use or construction in accordance with
the terms of the conditional use permit must commence within six
(6) months of the date upon which the property becomes eligible for
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connection to the City water system or the conditional use permit
shall be void.
Section 11. Lots served by potable water wells.
The following requirements shall apply to all lots created
after July 15, 1994, except lots served by the public water supply
system:
(a) No lot located in a residential or apartment zoning
district shall contain less than forty thousand (40,000) square
feet of area, unless the Director of Public Utilities finds that
the use of wells on smaller lots will have no adverse effect upon
the quality or quantity of groundwater within the proposed
subdivision or adjacent or nearby areas; and
(b) No lot shall contain less than the minimum area required
by applicable provisions of the City Zoning Ordinance or ten
thousand (10,000) square feet, whichever is greater.
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This ordinance shall supersede Ordinance No. 94-2286F, adopted
by the City Council of the City of Virginia Beach on July 15, 1994.
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Adopted by the Council of the City of Virginia Beach on the
3rd day of October , 1995.
CA-95-6052
\ wmordres \ weoamd, orn
R-2
September 26, 1995
APPROVED AS TO LEGAL
SUFFICIENCY
De~
- 18 -
Item/V-J.3.
CONSENT AGENDA
ITEM # 39848
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Or&'nance to APPROPRIATE $63,000 from fund balance in the Access
Channel Support Services Special Revenue Fund re purchase of video
production equipment.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndoff, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Robert K. Dean
October 3, 1995
AN ORDINANCE TO APPROPRIATE $63,000 FROM FUND BALANCE IN THE
ACCESS CHANNEL SUPPORT SERVICES SPECIAL REVENUE FUND TO
PURCHASE VIDEO PRODUCTION EQUIPMENT
WHEREAS, the Cox Communications franchise ordinance adopted in May 1991 provides
funding for support of the equipment needs of the educational and governmental access channels;
WHEREAS, in accordance with the franchise ordinance, the third access channel was
activated in May 1995, resulting in the need for additional monitoring, routing, and control
equipment to properly manage and program the new channel at a cost of $21,997;
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WHEREAS, in addition, the equipment for the creation and production of video/computer
graphics needs to be replaced for the benefit of all educational and governmental access channels
at a cost of $9,100;
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WHEREAS, in order to purchase a more technologically advanced video production
editing system, funds in the FY 1995/96 budget appropriated for this purpose need to be increased
by $31,903; and
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WHEREAS, the necessary funds for these appropriations are available in the fund balance
of the Access Channel Support Services Special Revenue Fund.
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NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA; that $63,000 be appropriated from fund balance in the Access
Channel Support Services Special Revenue Fund for the purchase of video production equipment.
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Adopted by the Council of the City of Virginia Beach on the
October
of , 1995.
Third
day
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illlI .......... I _
APPROVED AS TO
I.F. GAL SUFFICIENCY
II II .
Approved as to Content:
Department of Management Services
- 19 -
Item
PUBLIC HEARING
ITEM # 39849
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. CITY OF VIRGINIA BEACH
STREET CLOSURE
October 3, 1995
- 20 -
Item 1V-K.1.
PUBLIC HEARING
ITEM # 39850
PLANNING
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council APPROVED,
SUBJECT TO COMPLIANCE OF CONDITIONS BY APRIL 9, 1996, the Petition of the CITY OF
VIRGINIA BEACH for the discontinuance, closure and abandonment of a portion of Atlantic Avenue:
Petition of the City of Virginia Beach for the discontinuance, closure and
abandonment of a portion of Atlantic Avenue beginning at the southern
boundary of Cavalier Drive and running in a southerly direction a
distance of 450 feet more or less. Said parcel contains 21,938 square
feet. VIRGINIA BEACH BOROUGH.
The following conditions shall be required:
It appears that the Commonwealth of Virginia owns the
underlying fee on this portion of right-of-way proposed for
closure. City staff will work with the Commonwealth of Virginia
and the Cavalier Hotel Corporation to reach a fair and
equitable exchange of property.
2. The City will resubdivide the property and vacate internal lot
lines to incorporate the closed area into the adjoining parcel.
A utility easement, satisfactory to the Public Utilities
Department is required over the water and sewer facilities
existing in this portion of Atlantic Avenue.
4. Arrangements shall be made to accommodate all private
utilities located within the right-of-way proposed for closure.
Closure of the right-of-way shall be contingent upon
compliance with the above stated conditions within 180 days of
approval by City Council (April 9, 1996).
October 3, 1995
- 21 -
Item IV-K.1.
PUBLIC HEARING
ITEM # 39850 (Continued)
PLANNING
Voting: 9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William gE. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis I~ Jones, Mayor Meyera E.
Oberndorf,, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy IC Parker
Council Members Absent:
Robert lC. Dean
Council Lady Parker ABSTAINED as she and her husband are owners of Parker Pools.
October 3, 1995
flem IV-L. 1.
APPOINTMENTS
ITEM # 39851
BY CONSENSUS, City Council RESCHEDUI~D the following Appointments:
HUMAN RIGHTS COMMISSION
October 3, 1995
- 23 -
Item IV-M. 1.
NEW BUSINESS
ITEM # 39852
Mayor Oberndorf advised the City Council Session of October 10, 1995, had been RESCHEDULED to
October 17, 1995, as the VIRGINIA MUNICIPAL LEAGUE ANNUAL CONFERENCE is to be held
in the City of Virginia Beach on October 8 - 10, 1995.
Council Members expressed their sincere congratulations to:
THE HONORABLE MEYERA E. OBERNDORF
PRESIDENT
VIRGINIA MUNICIPAL LEAGUE
October 3, 1995
- 24 -
Item IV-O.
ADJOURNMENT
ITEM # 398.$3
Mayor Oberndorf DECI. JIRED the City Council Meeting ADJOURNED at 2:15 P.M.
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
October 3, 1995