JUNE 9, 1998 MINUTESCity of Virginia Bcach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
JOHN A. BAUM, Blackwater Borough
L[NWOOD 0. BRANCH Ill, Virginia Beach Borough
~v'ILLJAM tJV. HARRISON, JR., Lynnhauen Borough
HAROLD HEISCHOBER, At*Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Bayside Borough
REBA S. McCLANAN, Princess Anne Borough
NANCY K. PARKER, At-Large
LOUISA M. STRA YHORN, Kempswl)e Borough
JAMES K. SPORE, City Manager
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, CMC / AAE, City Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
(757) 427-4303
June 9, 1998
CITY MANAGER'S BRIEFINGS
- Conference Room -
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B°
Co
STREET CLOSURE POLICY
Leslie L. Lilley, City Attorney
TRANSITION AREA/ARP
Robert J. Scott, Director, Department of Planning
LAGOMAR HRSD INTERCEPTOR PROJECT
Clarence Warnstaff, Director, Department of Public Utilities
DYNAMIC MESSAGE SIGNS
John Herzke, City Engineer
11:00 AM
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION
- Conference Room -
1:00 PM
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Bo
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CALL TO ORDER - Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverand Fritz Stegemann
Open Door Chapel
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
June 2, 1998
G. AGENDA FOR FORMAL SESSION
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.
H. RESOLUTIONS/ORDINANCES
Resolution to authorize the Director of Public Utilities to approve the plans and
specifications for construction of the HRSD Lagomar Interceptor Force Main (Section
B).
2. Replacement of W. T. Cooke Elementary School:
ao
Resolution re a $7,500,000 school construction loan to the Virginia Beach School
Board from the Literary Fund of Virginia; and, City Council appropriate sufficient
funds to meet this debt.
bo
Ordinance to authorize the City Manager to execute a deed conveying the City's
interest in the school site to the Virginia Beach School Board.
Ordinances to AMEND the City Code for elderly and disabled citizens by increasing
income and net worth limits.
a. Section 28-6 re sewer line fee exemptions.
b. Section 37-10 re water resource recovery fee exemptions.
Ordinance to authorize acquisition of property in fee simple re construction of Capital
Project #5-142 Chloramine Feed Facilities, Lynnhaven Pump Station, including
temporary and permanent easements by agreement or condemnation (LYNNHAVEN
BOROUGH).
Ordinance to AMEND the FY 1997-1998 Capital Budget by establishing Capital Project #9-
010 Virginia Marine Science Museum Phase III Master Plan; APPROPRIATE $100,000
from the General Fund Balance to their Capital Project re developing a master plan for
the Virginia Marine Science Museum; and, estimated revenue in the FY 1997-1998 Capital
Budget be increased accordingly to reflect the use of the General Fund Balance.
Ordinance to APPROPRIATE a $37,161 Grant from the Southeastern Virginia Job
Training Administration (SVJTA) to the Department of Housing and Neighborhood
Preservation FY 1997-1998 Operating Budget re staffing and travel expenses for the Care
Youth Leadership Camp; and, estimated revenue from the Commonwealth of Virginia be
increased accordingly.
Ordinance to authorize a temporary encroachment into a portion of the City's 300' wide
drainage easement known as Canal No. 2 by Stihl, Inc. re constructing and maintaining a
parking addition adjacent to the existing parking lot at the rear of 536 Viking Drive
(PRINCESS ANNE BOROUGH).
8. Ordinances re annual compensation for City Council Appointees:
a. City Manager
b. City Attorney
c. City Real Estate Assessor
d. City Clerk
9. License Refunds - $2,149.59.
I. PUBLIC HEARING - PLANNING
3:00 PM
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
Application of GEORGE F. DARDEN, JR. for a Variance to Section 4.4 (b) of the
Subdivision Variance which requires that all lots created by subdivision meet all of the
requirements of the City Zoning Ordinance at 2784 Seaboard Road, containing 3.4 acres
(PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
Application of TODD WALTER/BAITA DEVELOPMENT CO., LLC for a Variance
to Section 4.4(a) of the Subdivision Ordinance to subdivide an existing commercial parcel
into two lots on 2.404 acres, Parcel C-2F, Princess Anne Marketplace (KEMPSVILLE
BOROUGH).
Recommendation:
APPROVAL
Application of DMR HOLDINGS, LLC for a Conditional Use Permit for an automotive
repair garage (classic auto restoration) on the North side of Princess Anne Road, East of
Arrowhead Drive (5716 Princess Anne Road), containing .286 acre (KEMPSVILLE
BOROUGH).
Recommendation:
APPROVAL
Application of PAXSON COMMUNICATIONS CORPORATION for a Conditional Use
Permit for a communications tower on the East side of Clearficld Avenue beginning at a
point 200 feet more or less North of Cleveland Street (230 Clcarfield Avenue), containing
15.106 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
5. Applications of SPRINT, PCS for Conditional Use Permits for:
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Communication tower on the West side of Lawson Road/Independence Boulevard
(1707 Lawson Road), containing 25,958 square feet (BAYSIDE BOROUGH).
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Monopole communication tower on the West side of Sandbridge Road, Northeast of
Colchester Road, bounded on the East by Sandbridge Road and on the West by Hells
Point Creek, containing 73.8 acres (PRINCESS ANNE BOROUGH).
Telecommunication antennas on the North side of Holland Road, East of Dam Neck
Road (3040 Holland Road), containing 17.632 acres (PRINCESS ANNE
BOROUGH).
Recommendations:
APPROVAL
Application of WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC., for
a Conditional Use Permit for a home for the aged, disabled or handicapped (extension) at the
Northwest comer of Shore Drive and Starfish Road (3100 Shore Drive), containing 12.639
acres (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
Application of DALA CORPORATION, a Virginia Corporation for a Conditional Use
Permit for an Open Space Promotion on the North side of Indian River Road beginning at
a point 2080 feet more or less East of Hillcrest Farms Boulevard, containing 30 acres
(KEMPSVILLE BOROUGH).
Recommendation:
DENIAL
Applications of RACETRAC PETROLEUM, INC. on East side of South Military
Highway, 1700 feet more or less North of Alexandria Avenue (636 and 644 South Military
Highway), containing 1.368 acres (KEMPSVILLE BOROUGH):
Change of Zoning District Classification from I-1 Light Industrial District to
Conditional B-2 Community Business District.
b. Conditional Use Permit for gasoline sales in conjunction with a convenience store.
Recommendations:
APPROVAL
Application of MICHAEL D. SIFEN, INC., a Virginia Corporation for a Change of Zoning
District Classification from R-5D Residential Duplex District to Conditional B-2 Community
Business District at the Northeast comer of Lynnhaven Parkway and Salem Road, containing
5.17 acres (KEMPSVILLE BOROUGH).
Recommendation:
Staff:
Planning Commission:
Change Application
APPROVAL
APPOINTMENTS
AIRPORT AUTHORITY
HAMPTON ROADS PLANNING DISTRICT COMMISSION
PARKS AND RECREATION COMMISSION
PERSONNEL BOARD
SOCIAL SERVICES BOARD
TIDEWATER COMMUNITY COLLEGE BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION
TIDEWATER TRANSPORTATION DISTRICT COMMISSION
VIRGINIA BEACH TOWING ADVISORY BOARD
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. ABSTRACT OF LEGAL CASES RESOLVED - MAY 1998
M. ADJOURNMENT
CITY COUNCIL CEREMONIAL OATH
and
REORGANIZATION
Tuesday, July 7, 1998 - 2:00 PM
City Council Session
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 42%4305
(TDD - Telephonic Device for the Deaf)
06/05/98BAP
AGENDA\06-09-98.PLN
www.virginia-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 9, 1998
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS in
Conference Room, City Hall Building, on June 9, 1998, at 11:00 A.M.
the Council
Council Members Present:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E.
Oberndorf and Louisa M. Strayhorn
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
Louis R. Jones
Nancy K. Parker
[ENTERED: 12:33 P.M.]
[ENTERED: l l :08 A:M.]
[ENTERED: 11:28 A.M.]
2
CITY M/INA GER 'S BRIEFING
STREET CLOSURE POLICY
ITEM # 43639
11:00A.M.
Leslie L. Lilley, City Attorney, referenced the proposed procedure for Street Closures. In 1997, the General
Assembly approved City Council's request concerning legislation allowing the appointment of viewers for
one-year terms to view each street closure application during the term, without having separate hearings
to appoint viewers. Mr. Lilley distributed the Proposed Procedure - Street Closure, which is hereby made
apart of the record.
NEW PROCEDURE OLD PROCEDURE
Step 1: Hearing before Council to Hearing before City Council for appointment of
appoint viewers for a one year viewers for each proposed closure.
term.
Step 2: Viewers meet and make report to Same
Planning Commission.
Step 3: Same
Step 4:
Planning Commission receives
report of the viewers, holds
public hearing and makes
recommendation to Council.
Notice- published, written to
affected landowners, and sign
posted.
Preliminary/conditional hearing
before City Council; public
hearing held~notice published,
written to affected landowners,
and sign posted. Decision made
to close with conditions or not to
close.
Applicant has up to one year to
meet the conditions of closure or
the application becomes void.
Extension of time only granted
where failure to meet conditions
has not been caused by the
applicant's failure to pursue.
Final closure whenever
conditions are met and City
Attorney records the ordinance;
no Council action required.
Same.
No set time limff to meet conditions; typically
time granted in 180 day increments.
Final hearing required before Council when
conditions have been satisfied; Council
approves final closure.
Notice requirements are governed by Virginia Code §§ 15.2-2006, and 15.2-2004. These sections require
newspaperpublication before each hearing at least twice, with at least 6 days elapsing between the first and
second publications. Written notice must be given to affected property owners before each hearing in the
same manner as rezonings (i.e., written notice at least 5 days before the hearing to the occupant or owner
of parcels involved, to all abutting property owners, and property immediately across the street or road from
the affected property).
The applicant is required to erect a sign no less than 15 days before the Planning Commission. The sign may
not be removed until after the hearing before City Council
June 9, 1998
-3-
CITY MAN.4 GER 'S BRIEFING
STREET CLOSURE POLICY
ITEM # 43639 (Continued)
The adoption of this policy and related ordinances which have been prepared by the City Attorney's Office,
in conjunction with the Planning Department, will result in an efficient method for the timely handling of
street closure applications. In co-operation with the City Manger, the City Attorney will place this matter
on a future agenda for your consideration.
BY CONSENSUS, the Resolution establishing a Policy regarding the street closure process and a related
Ordinance will be SCHEDULED for the City Council Session of June 23, 1998.
June 9, 1998
CITY MANAGER'S BRIEFING
TRANSITION ARE/JARP
11:08 A.M.
ITEM # 45640
Robert J. Scott, Director of Planning, extended appreciation for the responses regarding the Agriculture
Reserve Program and Transition Area to Patricia Phillips, Director of Finance, Louis Cullipher, Director
of Agriculture, William Macali, Assistant City Attorney, and Clarence Warnstaff Director ofPublic Utilities.
Mr. Scott cited the responses to City Council's questions.
How many acres of net developable land are located within the former
Transition Area III(excludes the area generally east of New Bridge Road
and does not include residential subdivisions, the Heron's Ridge golf
course, borrow pits, environmentally restrictive areas)
2050 acres.
What would be the cost of public infrastructure (excluding public water
and sewer) in this area developed to the maximum allowed by the
comprehensive plan (1 dwelling unit per acre equivalenO ?
$2 7.5-MILLION (assumes 50% increase over the 1990fiscal impact figure)
What is a rough cost estimate of extending public water and sewer into
this area?
Water = $10, O00/dwelling unit or $20.5-MILLION for this area.
Sewer = $20, O00/dwelling unit or $41. O-MILLION for this area
4. How much would ff cost if all land in this area were entered into the APR?
If APR value is $14,000 per acre = $28. 7-MILLION
If ARP value is $ 3, 000 per acre = $ 6. I-MILLION
5. How many property owners are there within this area?
54
6.
To determine parcel consolidation potential for ARP, how many
developable lots are in the 5-20 acre, 20-50 acre and 50+ acre ranges?
Total number of lots: 70
Breakdown by range of lot sizes:
5-20 acres = 38 lots
20-50 acres = 20 lots
50 + acres = 12 lots.
70 lots total
How much money is now available in the ARP program?
$6.8-MILLION (projected June 30, 1998 balance)
What other land use opportunities exist in this area besides golf courses?*
Traditionally produced vegetables and fruits
Organically produced vegetables and fruits
Roadside markets/and pick-your-own
Nursery
Greenhouse
Recreation farms/agri-tourist
Aquaculture
Fee fishing
Christmas trees/greenery
Limited livestock/poultry
Horses (breeding, training & riding)
Forestry
Orchards/vineyards and figs
Farmpark/Equestrian Center
Hay/forage production
Herbs
Petting farm animals
Turf farms
History farms
Cut flowers
*(Small tracts of approximately 20 acres
are particularly suited to these activities.)
June 9, 1998
-5-
CITY MANAGER'S BRIEFING
TRANSITION AREA[ARP
ITEM # 43640 (Continued)
o
What sources of funding exist for ARP and other open area acquisition
programs, within both the northern and southern parts of the City?
ARP Special Revenue Fund -
Open Space Initiative -
$0.015 cents per $100 real estate assessed
$0.007 cents per $1 O0 real estate assessed
The Urban Infrastructure costs if Transition Area is developed:
Transition Area (1990 $) 2,050 dwelling units @ $8,942 = $18,331,100
Escalated to estimated 1998 dollars 2 7, 500, 000
Infrastructure cost per unit of $8,942 is identified by Robert W. Burchell, Ph.D. and David
Listokin, Ph.D., in their March 1990, study "Infrastructure Costs, Fiscal Impacts and
Proffer Charges, Virginia Beach, Virginia". It is not based on a study of the actual costs
for these areas and has not been updated since 1990. This information is intended only to
provide Council with the "order of magnitude" to assist them in policy deliberations.
The ARP Program estimates an average cost per acre of $3,000 to stay within existing funding.
Recent information for the transition area indicates that appraised value could be $14,000 for the
Transition Area:
2,050 acres ~ $14,000 per acre = $28,700,000
2,050 acres ~ $ 3,000per acre = $ 6,150,000
Patricia Phillips advised the Agricultural Reserve Program Special Revenue is estimated that a
total of 20, OOO acres would eventually be acquired at an average cost of $3,0OO per acre. If the average cost
is substantially above $3,000, she recommends that the City reevaluate some of the assumptions, including
the number of acres to be acquired in total, the funding sources and the timing of the acquisitions. The
current funding stream will not support higher prices, nor will it support faster acquisition
June 9, 1998
-6-
CITY MANAGER'S BRIEFING
LA GOMAR HRSD INTERCEPTOR PROJECT
ll:35 A.M.
ITEM # 43641
Clarence Warnstaff, Director of Public Utilities, advised the Hampton Roads HRSD Lagomar Force Main
is one piece of a much larger project, even though the ultimate utilization of the Force Main will be
principally used by Chesapeake (approximately 2/3 for Chesapeake and 1/3 for Virginia Beach). The line
will serve Virginia Beach and the line is needed. When City Council was discussing the sanitary force main
to serve the Sandbridge area a number of years ago, Mr. Warnstaff advised City Council that within a 5-10
year timeframe, without adequate or additional capacity in the HRSD system, the City would be forced to
consider a moratorium on sanitary sewer connections. Part of the process was to be assured the City and
HRSD worked together to find an appropriate route and timely design and construction of additional force
main capacity. The Hampton Roads Sanitation District is paying the cost of the design and the construction
of these lines. It is a not a cost the City will be incurring. Even though, ultimately, Chesapeake will utilize
approximately 2/3 of the line, the line is needed to serve the residents in Virginia Beach.
Gary Jones, with Public Works, advised the Lagomar Interceptor Project is a 54"force main which is
projected to run from the Atlantic Treatment Plant through HRSD property along the eastern sideline of the
Red Mill neighborhood to theproposed Ferrell Parkway. This entire Lagomarproject is intended to run from
the Atlantic Plant all the way down to the proposed Ferrell Parkway and Nimmo Church. The existing 30"
HRSD main is already in place along proposed Ferrell Parkway from Nimmo to the Courthouse. The 42"
section, currently under design, entitled the Lake Ridge Interceptor, is planned to be built from the
Courthouse along the proposed Judicial Boulevard and then along Lake Ridge property, Elbow Road and
then terminate at Chesapeake. Mr. Jones cited the following Resolution to be considered by City Council
during the Formal Session:
Resolution to authorize the Director of Public Utilities to approve the plans and
specifications for construction of the HRSD Lagomar Interceptor Force Main (Section B)
The Interest Participation Agreement between the City and Hampton Roads Sanitation District (HRSD) for
the construction of the HRSD Lagomar Interceptor Force Main was executed August 5, 1997. Section II,
Paragraph B, of the agreement requires that before any construction work is begun under this agreement,
HRSD will submit to, and secure approval from the City offinal plans and specifications for the work by the
Director of Public Utilities. HRSD bid the project on February 1 O, 1998, and two extensions have been given
by the contractor. The current schedule for contract award is June 11, 1998. This force main will convey
wastewater from and through Virginia Beach to the HRSD Atlantic Regional Treatment Plan. This force
main is in lieu of the 1995 Pungo Force Main discussed with the City Council during Council's
consideration of the route of the Sandbridge Force Main. The Master Plan of HRSD originally indicated
a force main from Sandbridge through Back Bay along the Sandbridge Road Corridor coming over to the
Plant. City Council decided they did not want that force main in that area. Ultimately the City constructed
the force main from Sandbridge up through the North End to Dam Neck and into the plant. When this line
was relocated, HRSD had originally planned to pay for that line. In the 1995 Agreement, HRSD agreed to
give the same funds to contribute towards the new force main alignment. Another condition of the agreement
was HRSD be allowed to build Phase I of the Pungo Interceptor. At one time in HRSD's master plan, an
alignment of the Pungo Interceptor had been indicated along Indian River Road coming from Chesapeake
down to Pungo and ending up at the Plant. City staff and HRSD were instructed to work together to realign
same to a more northern location. Virginia Beach was also to pay portions of the interest on construction.
There will be enough existing connections to connect to these lines that immediately once they are completed
that there will be no interest participation requirement. Virginia Beach will not pa]? any interest
participation or any part of the construction cost. Even though HRSD has been authorized to build these two
force mains, HRSD is required to have the Director of Public Utilities approval before construction can
commence.
This Force main will serve the Lagomar and Red Mill areas of Virginia Beach initially, and ultimately,
Lake Ridge, the Transition Area development, and parts of Chesapeake.
The Hampton Roads Sanitation District Regional Atlantic Treatment Plan site was originally purchased
in the 1970 timeframe. At that time, it was intended to be a regional treatment plant and to be expanded
over time as demand on the system increased The first phase was brought on line around 1983 with a
capacity of 36 million gallons per day and with expansion capability to 72 mgd.
June 9, 1998
-7-
CITY MANAGER'S BRIEFING
LAGOMAR HRSD INTERCEPTOR PROJECT
ITEM # 43641 (Continued)
HRSD retained MMM Engineers to evaluate alternative alignments, and prepare construction plans and
specifications. MMM focused on three alternative alignments:
(a) The Atwood Road Corridor
(b) Across the property of False Cape Enterprises
(c) Along the eastern boundary of the Red Mill and
Ocean Lakes neighborhoods.
Alignment "C" was the chosen alignment. This alignment includes an easement that was negotiated and
acquired from the property owner (Waller) and a Wetlands Permit obtained from the Corps of Engineers.
This alignment does not encroach upon the existing streets within Red Mill or Ocean Lakes; however, it
involves clearing a 50-foot easement adjacent to approximately 18 properties within the Red Mill and
Ocean Lakes developments.
HRSD and the City have held two civic league meetings with the Ocean Lakes and Red Mill Civic
Associations. City staff has also had several on-site meetings with the Scopus Creek Boat Association and
other concerned citizens. The project has now received support from these three associations. City supports
the route selected by HRSD for Section B (Atlantic Treatment Plant to proposed Ferrell Parkway), of the
Lagomar lnterceptor and recommends construction contract award. The engineer's estimate for this pipeline
was over $4-MILLION and the bid received was $2.6-MILLION. This is an excellent bid.
The City Staff will work with the HRSD staff regarding the plant expansion, keeping City Council
apprized of their plans and stress the need to incorporate within the expansion sufficient and adequate
odor control within the expansion.
June 9, 1998
-8-
CITY MANAGER'S BRIEFING
DYNAMIC MESSA GE SIGNS
12:12 P.M.
ITEM # 43642
John Herzke, City Engineer, advised approximately two years ago the Virginia Department of
Transportation had of approximately 56 Variable Message Signs (VMS) available for distribution to the
Hampton Roads area at no cost. Virginia Beach was approved to receive 16 signs. On July 8, 1997, City
Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $396,000 to the Public
Works Department's FY 1997-1998 Operating Budget from the Virginia
Department of Transportation (VDOT) re installation of twenty (20) and
purchase of two (2) variable message signs
These Variable Message Signs are now called Dynamic Message Signs, which is actually the same concept.
Usually on the Labor Day weekend, the City installs approximately 4 to 6portable variable message signs
around the Oceanfront area for directing traffic relative the activities in the Resort area. With the
combination of the 20 signs being received from VDOT, plus funds available in the region, the Staff has
been able to program the installation ora signing plan basically around the perimeter of the Oceanfront
area. Mr. Herzke displayed a map with the original sign locations which were shown at a Public Hearing
in December 1997. Presentations regarding these sign locations were given to the Resort Area Advisory
Commission. As a result of the input from the public process, three of the signs are not going to be pursued.
The sign at 5 7h Street is going to be totally dropped. Two other signs on Birdneck Road, between Virginia
Beach Boulevard and Norfolk Avenue, are to be held in abeyance. The signs were proposed to capture
traffic northbound to direct them to the Pavilion Parking Lot or southbound to direct for utilization of the
new parking garage at 9th Street. A sign proposed for General Booth, in the vicinity of Croatan Road, will
not be pursued. There will be a sign on General Booth, south of Birdneck Road, which will hopefully route
traffic through Birdneck before they get to the Oceanfront. Thus, the City staff will now be pursuing
approximately 12 signs. A sign was suggested by RAAC at either Great Neck and Shore Drive, or at Route
13, just off the Chesapeake Bay Bridge Tunnel. This will be investigated as a separate effort. The staff is
reviewing and coordinating with Mark Wawner of Economic Development the placement ora Dynamic
Message Sign in the vicinity of Princess Anne and Dam Neck Roads for directing Amphitheater parking.
Mr. Herzke displayed examples of Dynamic Message Signs, which have similar appeal as the signs along
Atlantic Avenue as a part of the Beautification project. Landscaping will be along the base of the signs.
These will be permanent fixtures, not portable signs. The permanent signs, not portable, were received from
VDOT. These signs are approximately twelve feet in height.
Concern was expressed relative the number of signs and the messages placed in a timely manner. There have
been a series of articles in The Daily Press relative the unattractiveness of these signs in York County.
Mr. Herzke advised there was a proposal for a Variable Message Sign Program in FY 1995-1996. $96,000
was received to commence the study effort prior to VDOT's offer of the free signs. Every year thousands of
dollars were spent by the City to rent signs on Labor Day and the need would increase. These signs will be
interconnected to a computer at the new Second Precinct Police Office on Virginia Beach Boulevard. This
department will be able to control the messages on the signs.
By Consensus, this item will be DEFERRED for further review. City Staff will meet with Councilman
Branch.
June 9, 1998
AGENDA RE VIEW SESSION
12:33 P.M.
ITEM # 43643
Resolution to authorize the Director of Public Utilities to
approve the plans and specifications for construction of
the HRSD Lagomar Interceptor Force Main (Section B).
Council Lady McClanan advised she would vote NA Yon this item.
ITEM # 43644
H. 2. Replacement of W. T. Cooke Elementary School:
Resolution re a $7,500,000 school construction loan to
the Virginia Beach School Board from the Literary Fund
of Virginia; and, City Council appropriate sufficient funds
to meet this debt.
Ordinance to authorize the City Manager to execute a
deed conveying the City's interest in the school site to the
Virginia Beach School Board.
Council Lady Parker inquired relative the loan beingfrom the Literary Fund. Virginia. State Literary Fund
Loans are excellent financing instruments that meet the goals of the City's debt management program. The
loan is general obligation debt of the City and will replace a like amount of 1998 Charter Bonds when
issued by the City.
ITEM # 43645
Ordinance to authorize acquisition of property in fee
simple re construction of Capital Project #5-142
Chloramine Feed Facilities, Lynnhaven Pump Station,
including temporary and permanent easements by
agreement or condemnation (L YNNHA VEN BOROUGH).
Council Lady McClanan expressed concern relative the appearance of this project as it backs up to
Chesopeian Colony. Clarence Warnstaff Director of Public Utilities, advised this is simply a temporary
construction easement. This will blend into the existing pump station site.
ITEM # 43646
Ordinance to AMEND the FY 1997-1998 Capital Budget
by establishing Capital Project #9-010 Virginia Marine
Science Museum Phase III Master Plan; APPROPRIATE
$100, O00 from the General Fund Balance to their Capital
Project re developing a master plan for the Virginia
Marine Science Museum; and, estimated revenue in the FY
1997-1998 Capital Budget be increased accordingly to
reflect the use of the General Fund Balance.
Council Lady Henley advised the Ordinance had not been AMENDED as requested by DEFERRAL.
Reference to "the emergency of new regional initiatives to fund major capital projects "was not deleted from
the Ordinance. This Ordinance shah be AMENDED for the Formal Session.
June 9, 1998
-lO-
AGENDA RE VIEW SESSION
ITEM # 43647
The City Attorney advised of an ADD-ON to the Agenda relative the Ordinance to establish a Tax Increment
Financing (TIF) District re improvement of the commercial area surrounding the Lynnhaven Mall
Shopping Center; and, authorize the issuance of special limited obligations of the City secured by Tax
Increment revenues derived from such district (ADOPTED 6/2/98). Rather than being effective
immediately, the effective date should be July 1, 1998.
This item will be ADDED-ON to the Agenda for Reconsideration and then Amended to reflect an effective
date of July First.
ITEM # 43648
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
RESOL UTIONS/ORDINANCES
H.].*
b.
H. 4.
Resolution to authorize the Director of Public Utilities to
approve the plans and specifications for construction of
the HRSD Lagomar lnterceptor Force Main (Section B).
Replacement of W. T. Cooke Elementary School:
Resolution re a $7,500,000 school construction loan to
the Virginia Beach School Board from the Literary Fund
of Virginia; and, City Council appropriate sufficient funds
to meet this debt.
Ordinance to authorize the City Manager to execute a
deed conveying the City's interest in the school site to the
Virginia Beach School Board.
Ordinances to AMEND the City Code for elderly and
disabled citizens by increasing income and net worth
limits.
Section 28-6 re sewer line fee exemptions.
Section 37-10re water resource recovery fee exemptions.
Ordinance to authorize acquisition of property in fee
simple re construction of Capital Project #5-142
Chloramine Feed Facilities, Lynnhaven Pump Station,
including temporary and permanent easements by
agreement or condemnation (L YNNHA VEN BOROUGH).
Ordinance to AMEND the FY 1997-1998 Capital Budget
by establishing Capital Project #9-010 Virginia Marine
Science Museum Phase III Master Plan; APPROPRIATE
$100, O00 from the General Fund Balance to their Capital
Project re developing a master plan for the Virginia
Marine Science Museum; and, estimated revenue in the
FY 1997-1998 CapitaI Budget be increased accordingly to
reflect the use of the General Fund Balance.
June 9, 1998
-11-
AGENDA REVIEW SESSION
ITEM # 43648 (Continued)
H. 6.
OPdinance to APPROPRIATE a $37,161 Grant from the
Southeastern Virginia Job Training Administration
(SVJTA) to the Department of Housing and Neighborhood
Preservation FY 1997-1998 Operating Budget re staffing
and travel expenses for the Care Youth Leadership Camp;
and, estimated revenue from the Commonwealth of
Virginia be increased accordingly.
Ordinance to authorize a temporary encroachment into a
portion of the City's 300' wide drainage easement known
as Canal No. 2 by Stihl, Inc. re constructing and
maintaining a parking addition adjacent to the existing
parking lot at the rear of 536 Viking Drive (PRINCESS
ANNE BOROUGH).
H. 8.
Ordinances re annual compensation for City Council
Appointees:
a. City Manager
b. City Attorney
c. City Real Estate Assessor
d. City Clerk
9. ~ License Refunds - $2,149.59.
*Council Lady McClanan will vote a VERBAL NAY on Item H. 1.
**Item H. 5. will be ADOPTED, AS AMENDED, BY CONSENT.
June 9, 1998
- 12-
AGENDA RE VIEW SESSION
ITEM # 43649 '
1.2.
Application of TODD WALTER/BAITA
DEVELOPMENT CO., LLC for a Variance to Section
4.4(a) of the Subdivision Ordinance to subdivide an
existing commercial parcel into two lots on 2.404 acres,
Parcel C-2F, Princess Anne Marketplace (KEMPSVILLE
BOROUGH).
Karen Laslie, Planning Coordinator, advised Council Lady Parker the parcel across from Target will be a
Ruby Tuesday's. The proposed structures on both Parcels shall be of an architectural design that
complements the existing Target Department store.
Council Lady McClanan will vote a VERBAL NAY on this item.
ITEM # 43650
J. 6.
Application of WESTMINS TER-CANTERB UR Y OF
HAMPTONROADS, INC.,for a Conditional Use Permit
for a home for the aged, disabled or handicapped
(extension) at the Northwest corner of Shore Drive and
Starfish Road (3100 Shore Drive), containing 12.639
acres (L YNNHA VEN BOROUGH).
As there are speakers registered for this application, this item will be discussed during the Formal Session.
ITEM # 43651
Application of DALA CORPORATION, a Virginia
Corporation for a Conditional Use Permit for an Open
Space Promotion on the North side of Indian River Road
beginning at a point 2080 feet more or less East of
Hillcrest Farms Boulevard, containing 30 acres
(KEMPSVILLE BOROUGH).
This item will be DEFERRED, B Y CONSENT, for 60 days.
ITEM # 43652
1.8
Applications of RACETRAC PETROLEUM, INC. on
East side of South Military Highway, 1700feet more or
less North of Alexandria Avenue (636 and 644 South
Military Highway), containing 1.368 acres (KEMPSVILLE
BOROUGH):
Change of Zoning District Classification from I- 1 Light
Industrial District to Conditional B-2 Community Business
District.
Conditional Use Permit for gasoline sales in con/unction
with a convenience store.
This item will be discussed during the FORMAL SESSION.
June 9, 1998
- 13-
AGENDA RE VIEW SESSION
ITEM # 43653
L9.
Application of MICHAEL D. SIFEN, INC., a Virginia
Corporation for a Change of Zoning District
Classification from R-5D Residential Duplex District to
Conditional B-2 Community Business District at the
Northeast corner of Lynnhaven Parkway and Salem Road,
containing 5.17 acres (KEMPSVILLE BOROUGH).
This item will be discussed during the Formal Session.
ITEM # 43654
BY CONSENSUS, the following items shall compose the PLANNING B Y CONSENT AGENDA.
Application of GEORGE F. DARDEN, JR. fora
Variance to Section 4.4 (b) of the Subdivision Variance
which requires that all lots created by subdivision meet all
of the requirements of the City Zoning Ordinance at 2784
Seaboard Road, containing 3.4 acres (PRINCESS ANNE
BOROUGH).
L2.
Application of TODD WAL TER/BAITA DEVELOPMENT
CO., LLC for a Variance to Section 4.4(a) of the
Subdivision Ordinance to subdivide an existing
commercial parcel into two lots on 2.404 acres, Parcel C-
2F, Princess Anne Marketplace (KEMPSVILLE
BOROUGH).
L3.
Application of DMR HOLDINGS, LLC for a Conditional
Use Permit for an automotive repair garage (classic auto
restoration) on the North side of Princess Anne Road, East
of Arrowhead Drive (5716 Princess Anne Road),
containing .286 acre (KEMPSVILLE BOROUGH).
L4.
Application of PAXSON COMMUNICATIONS
CORPORATION for a Conditional Use Permit for a
communications tower on the East side of Clearfield
Avenue beginning at a point 200feet more or less North of
Cleveland Street (230 Clearfield Avenue), containing
15.106 acres (BA YSIDE BOROUGH).
L5.
Applications of SPRINT, PCS for Conditional Use
Permits for:
Communication tower on the West side of Lawson
Road/Independence Boulevard (1707 Lawson Road),
containing 25,958 square feet (BA YSIDE BOROUGH).
Monopole communication tower on the West side of
Sandbridge Road, Northeast of Colchester Road, bounded
on the East by Sandbridge Road and on the West by Hells
Point Creek, containing 73.8 acres (PRINCESS ANNE
BOROUGH).
Telecommunication antennas on the North side of Holland
Road, East of Dam Neck Road (3040 Holland Road),
containing 17. 632 acres (PRINCESS ANNE BOROUGH).
June 9, 1998
- 14-
AGENDA RE VIEW SESSION
ITEM # 43654 (Continued).
Application of DALA CORPORATION, a Virginia
Corporation for a Conditional Use Permit for an Open
Space Promotion on the North side of Indian River Road
beginning at a point 2080 feet more or less East of
Hillcrest Farms Boulevard, containing 30 acres
(KEMPSVILLE BOROUGH).
Council Lady McClanan voted a VERBAL NAY on item L2.
Item L 7. will be DEFERRED 60 D.dYS (8/11/98), BY CONSENT.
June 9, 1998
- 15-
CITY COUNCIL CONCERNS
12:47P. M.
ITEM # 43655
Council Lady Henley referenced the correspondence forwarded by the Mayor from Loudoun County,
Virginia. The letter advised of a Forum on financing growth to be held June 19, 1998 at Mary Washington
College in Fredericksburg.
The City Manager advised each of the participating cities would pay a flat fee for a certain number of
registrations. If Council Lady Henley wishes to attend, there would be no additional charge beyond the
registration fee. The City Manager will provide copies of his memorandum regarding this Forum.
ITEM # 43656
Council Lady Parker referenced the Hampton Roads Soccer Complex and the status of the berm and
parking lotproblem discussed duringthe City Council Session of June 2, 1998. Council Lady Parker advised
one of the reasons she was late for the City Council Session was she stopped by the Complex on the way to
City Hall. The earth mover is there and is digging out the ditch line.
Council Lady Henley thought it was the intent of the City Council when this project was funded, it be
accomplished quickly. She believed it was City Council's intent that the residents would have had some relief
this season, but obviously that is not the case.
June 9, 1998
-16-
ITEM # 43657
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, June 9, 1998, 12:50P. M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf , Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
June 9, 1998
-17-
ITEM # 43658
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:
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 (A) (1).
Boards and Commissions: Airport Authority
Hampton Roads Planning District Commission
Parks and Recreation Commission
Personnel Board
Social Services Board
Tidewater Community College Board
Tidewater Regional Group Home Commission
Virginia Beach Towing Advisory Board
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).
Benshoff, et al v. City of Virginia Beach
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 11~0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
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:
None
June 9, 1998
- 18-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 9, 1998
2:00 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, June 9, 1998, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
INVOCATION:
Reverend Fritz Stegmann
Open Door Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia 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 Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the
Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January
1, 1998, is hereby made apart of the record.
June 9, 1998
Item V-E.
- 19-
CER TIFICA TI ON OF
EXECUTIVE SESSION
ITEM # 43659
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: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, ,Ir., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 9, 1998
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 # 43658, Page 17, and in accordance with the
provisions of Thc 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.
l~uth H°dges S~ith, '~2MC/AAE
City Clerk
June 9,1998
- 20 -
Item V-F..
MINUTES
ITEM # 43660
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of June 2, 1998.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
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:
None
June 9, 1998
- 21 -
Item V-G. 1.
ADOPT A GENDA
FOR FORMAL SESSION
ITEM # 43661
B Y CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 9, 1998
- 22 -
Item V-G.2.
PRESENTATION
ITEM # 43662
Polly Pearce presented to the Mayor and Members of City Council:
KIM SUZANNE McGANTY
MISS VIRGINIA BEA CH
NINA BOOTH
MISS TIDEWATER
Kim McGanty was an Advanced Placement Graduate of Green Run High School 1994, and a Member of
the Junior Class of the College of William and Mary. Kim plans to complete her undergraduate studies at
William and Mary with a Bachelor of Arts in Government. She wishes to earn her teacher's certification
to teach government in the Virginia Beach schools Her platform entails: A focus on the protection our
society provides its elderly members and the importance of involved, supportive families. Her great
grandmother was recently moved into a nursing home.
Nina Booth was an Honor graduate of Indian River High School in 1996. She is a Junior at Hampton
University with a Mass Media Arts major with an emphasis on Broadcast Journalism. Her goal is to become
an anchor woman on a major television network. Her platform is: One Voice for the Arts: promote the visual
and performing arts through excellence in arts education, public support and positive legislation.
June 9, 1998
Item V-H.
- 23 -
RESOL UTIONS/ORDINANCES
ITEM # 43663
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED IN ONE
MOTION, Resolutions/Ordinances 1, 3, 4, 5, 6, 7, 8 and 9 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McClanan voted a VERBAL NAY on Item Hol.
Item H. 5 was ADOPTED, AS AMENDED.
June 9, 1998
- 24 -
Item V-H. 1.
RESOLUTIONS/ORDINANCES
ITEM # 43664
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Resolution to authorize the Director of Public Utilities approve the plans
and specifications for construction of the HRSD Lagomar Interceptor
Force Main (Section B).
Voting:
10-1 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William }V. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor
Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
June 9, 1998
1
2
3
4
5
A RESOLUTION AUTHORIZING THE DIRECTOR
OF PUBLIC UTILITIES TO APPROVE THE
PLANS AND SPECIFICATIONS FOR
CONSTRUCTION OF THE HRSD LAGOMAR
INTERCEPTOR FORCE MAIN (SECTION B)
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WHEREAS, on August 5, 1997, the City of Virginia Beach
entered into an agreement with the Hampton Roads Sanitation
District (~HRSD") entitled "Interest Participation Agreement for
the Construction of HRSD Lagomar Interceptor Force Main for the
City of Virginia Beach" ("Agreement");
WHEREAS, Section IIB of the Agreement provides that
~before any construction work is begun under this AGREEMENT, [HRSD]
will submit to and secure approval from the CITY (in writing) of
final plans and specifications for the work by the Director of
Public Utilities;" and
WHEREAS, pursuant to Section IIB of the Agreement, HRSD
has submitted final plans and specifications to the Director of
Public Utilities who has reviewed them and found them to be
acceptable.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Director of
Public Utilities is hereby
authorized to approve, on behalf of the City of Virginia Beach, the
plans and specifications submitted by HRSD to the City for the
construction of Section B of the HRSD Lagomar Interceptor Force
Main.
Virginia, on the 9
CA-7036
ORDIN\NONCODE\LAGOMAR.RES
R-1
PREPARED: June 3, 1998
Adopted by the Council of the City of Virginia Beach,
~ED AS TO
day of June, 1998.
Ari ,',OVED ;,S TO LEGAL
CITY ATTORNEY
Item V-H. 2.
- 25 -
RES OL UTIONS/ORDINANCES
ITEM # 43665
Brenda McCormick 417 16tn Street, Phone: 491-2887, expressed concerns
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Replacement of W. T. Cooke Elementary School:
ADOPTED the Resolution re a $7,500,000 school construction
loan to the Virginia Beach School Board from the Literary
Fund of Virginia; and, City Council appropriate sufficient funds
to meet this debt.
b
ADOPTED an Ordinance to authorize the City Manager to
execute a deed conveying the City's interest in the school site to
the Virginia Beach School Board.
Voting: 11- 0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, 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:
None
June 9, 1998
A RESOLUTION APPROVING AN APPLICATION
OF THE VIRGINIA BEACH SCHOOL BOARD TO THE
LITERARY FUND OF VIRGINIA FOR A SCHOOL
CONSTRUCTION LOAN IN THE AMOUNT OF $7,500,000
1
2
3
4
5
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established Project No.
School;
Budget;
WHEREAS, in the 1997-98 Capital Improvement Program, City Council
1-202, to provide for the replacement of W.T. Cooke Elementary
WHEREAS, funds for this replacement were appropriated in the FY98-99 Capital
WHEREAS, Section 22.1-146 of the Code of Virginia authorizes the State Board
of Education to make loans from the Literary Fund to local school boards for the purpose of
erecting, altering, or enlarging school buildings;
WHEREAS, any indebtedness owed by the Virginia Beach School Board to the
Literary Fund is a valid and legally binding indebtedness of the City of Virginia Beach, Virginia,
pursuant to Section 22.1-161 of the Code of Virginia;
WHEREAS, Section 22.1-158 of the Code of Virginia requires that the City shall
include in its tax levies and appropriate to its school board funds sufficient to meet the school
board's debt service on any such loans;
WHEREAS, officials of the Virginia Beach School Board have prepared an
application addressed to the State Board of Education of Virginia for the purpose of borrowing
from the Literary Fund $7,500,000 to assist with the costs of replacing W.T. Cooke Elementary
School, to be paid in twenty (20) annual installments with the interest thereon at 3 percent paid
annually, which loan will be in lieu of an equivalent amount of general obligation bonds
previously authorized for the project; and
WHEREAS, City Council desires to support this request and believes it to be
appropriate.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA;
1. That the application to the State Board of Education for a loan of
$7,500,000 from the Literary Fund to the Virginia Beach School Board is hereby approved.
2. That the City Council include in its tax levies and appropriate to the
23
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Virginia Beach School Board funds sufficient to meet the School Board's debt service on this
loan.
This resolution shall be in effect fi.om the date of its adoption.
Approved by the Council of the City of Virginia Beach, Virginia on this 9
day of June, 1998.
CA-7029
ORDIN/NONCODE/COOKE.RES
R-1
PREPARED: June 1, 1998
APPROVED AS TO CONTENT:
Finance
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law- ~' '~
G:XDATA\ORD1N~ONCODE\COOKE.RES
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2O
21
ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEED CONVEYING THE CITY'S
INTEREST IN THE COOKE ELEMENTARY SCHOOL
SITE TO THE SCHOOL BOARD
WHEREAS, based upon the title examination performed on
the Cooke Elementary School Site in connection with the Literary
Fund loan, it was determined that part of the School Site is owned
by the City of Virginia Beach;
all school property be vested in the
agreement with the City to the contrary;
WHEREAS, it is appropriate that
of the School Site which are owned by the
the School Board.
WHEREAS, Virginia Code §22.1-125 requires that title to
School Board absent an
title to
City be
those portions
transferred to
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a
deed conveying to the School Board those portions of the Cooke
Elementary School Site owned by the City.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 9 day of June , 1998.
ca7029 .ord
O: \DATA\ORDIN\NONCODE\CA7029. ORD
PREPARED: May 29, 1998
APPROVED AS TO CONTENT
SIGNATURE -
DEPARTMENT
APPROVED AS TO LEGAL
No.
APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA
Name of School
W. T. Cooke
Name of County-City
Virginia Beach
To THE STATE BoAm~ oF EDUCATION,
Richmond, Virg/nia:
Gentlemen:
The School Board for thel~[~ty-City of ua-~a_~_, ~-e-,,-,~ -~-.,~,,,,~--A~' hereby makes application for a
loan of $ ?,500,000
from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering
(making permanent improvement to) a school building located at 52/* - 15th St. , as follows:
(Describe briefly)
1. The said building, addition, or permanent improvement described above, to be of Brick & ~te l~om]r
(Type of construction, brick, frame, etc.)
will be used as a K[emer~tar7 School building, and is estimated to cost $9,697,424
(Elem., H. $., Comb. Elem. & H.S.)
2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma.
nent improvement thereto, is $ 15.000.000
of $
3. There is at present, a loan from the Literary Fund on this_
N/^
N/A in the amount
(Building or school plant)
4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement there-
to, and site, on account of which such loan is made.
5. The site on which this 'building, addition, or permanent improvement, will be located contains tl~ ° 231
5. 231 acres,
of which x/~ acres are well suited and useable, or can be easily improved and made useable, for playground and
recreational purposes.
6. The plans and specifications for the building or improvement, complying with Minimum School Building Re-
quirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public
Instruction before construction is begun. It is understood that the State Board of Education reserves the right to with-
hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public
Instruction are not followed.
(1)
7. The proposed building, addition, or permanent improvement, is desirable because: (Explain briefly)
The original building, which was constructed in 1906, along with several subsequent addit!on~ w~]] be
tom down and replaced with a new t~-story facility.
8. The .present total indebtedness of the County-City for school buildings is $. 233,470,438
13 t 391t 546 is owed to the Literary Fund.
, of which
9. This County-City has not defaulted or failed to meet its debt service obligations as and when due for the past
five years except, as follows: N/A
10. Adequate and satisfactory supervision of construction will be provided by the school board in accordance wkh
the provisions of "Minimum Requirements and Standards for School Buildings," Regul.ations State Board of Education.
11. The building or improvement for which this application for a loan is made is part of a long-range planning
program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations
State Board of Education, and is recommended in the study or survey made by (give title and date) N/A
12. This loan is to be made for 20 years, and is to be paid in 20
S to 20 5 to 20
the rate of ~ per centum per annum, payable annually.
annual installments, with interest at
.13. The Board of Supervisors for the County, or the Council for the City, has by resolution (page 3 of this application),
agreed to provide for the repayment of this loan.
14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit.
erary Fund and, for at least two years immediately before this loan, has not been more than six months in default in the pay-
ment of interest due on any loan from the Literary Fund.
Given under my hand this the ~rd
day of "3Ctr~_. , 19 q ~.
ATTEST:
THE SCHOOL BOARD OF
V,'~9,'n,'~ 6eo. m3-~ COUNTY-CI~
, Clerk.
SEAL
(2)
AT A MEETINO of the Board of Supervisors for the County of or the Council
for the City of Virginia Beach , held in the said County or City on the day of
, 19 :
WHZR£AS, The School Board for the County of , or City
of Virginia ~
--, on the __ day of , 19 , .presented
to this Board or Council, an application addressed to the State Board of Education of Virginia for the purpose of borrowing
from the Literary Fund $ 7,500,O00 for the new school building (or for adding to or improving the present
school building) at W.T_ r.-xlto F.l~m~nt~vy.__, to be paid in 20 annual installments, and the interest thereon at
Ii to 20
3 per cent paid annually.
REsonv£D, That the application of the County or City School Board to the State Board of Education of Virginia
for a loan of $. ?,500,000 from the Literary Fund is hereby approved, and authority is hereby granted the said
County or City School Board to borrow the said amount for the purpose set out in said application.
The Board of Supervisors for said County or Council of said City will each year during the life of this loan, at the
time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses
and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary
Fund.
I hereby certify that the foregoing is a true copy as taken from the minutes of the Board of Supervisors for the
County of __ or the Council of the City of Virginia Beach
., Clerk
SEAL
BOARD OF SUPERVISORS FOR THE
COUNTY OF
COUNCIL FOR TIiE
CITY OF Virginia Beach
($)
ATTORNEY'S CERTIFICATE OF TITLE
T. His is TO C~RluI*Y that I, . Michael __H._ Nuckol_~ , a qualified and competent attorney,
P~ltlt~Jl~tdt of V-i rg-i n-i a Roao:h have examined*the title of the School Board or ~14~~
xa~ th,~ eft.,, of Virginia_ ~each ~t~a~x~ Virginia to that certain lot, parcel or tract of land re-
ferred to in the attached application, and tha~t~he School Board ofthe Citv of Va. Beac~lor the ~11~~~
0~ City of va... Beach , has a fee simple title to said land, and the same is free from encumbrances, except as
noted in attached summary. *13he attached Status qf Title reporteS.~nd such other
xnstruments__ as were aeemeo approprxat:e regarding
Executed thi, day of ,/~ar~t ,19 98 **based upon such examination
l~t~/~rx Assistant City Attorney
City of Virginia Beach xlltt~)xatC,~k~
CERTIFICATE OF THE CLERK OF COURT 5. 231
or City of Vd.Beach
WHEREAS, the school board d[ the ~'~-J~8[~i~l[~f( owns d__x/l~ acres of real estate
in xxxxxxxxxxxxxxxxx~~xxxxxxxxxxxxx th~cityof ~9ini~ Be~ch ,Virginia, on which
to erst the ~h~l building described in this application. The title deed to this nrone~v is recorded in the clerk's office for
~he City Of v~.Be~~xxxxxxxxxx~~xx~m*~~~xx~~~~
~~xxxxxxx,~~~~~x~xxx~zzzxxx~ *See a~ached summary
0~. ~at ~e title to the rem estate h~ been ex~ined and approved in writing by the ~~x~~~
~~ ciw-attorney or o~er competent attorney and his re~rt filed with the clerk of the court.
Two. ~at ~e ce~ificate of the attorney ex~ining the title shows that the sch~l bo~rd or the governing body of
~he ~i~y o~ Va.Beach h~ a g~ and su~cient title in fee simple to the real estate subject to the (following) (no)
encmbmce~ (note encumbrances, if ~y). *See a~ached ~ummary
Glen under my h~d thi~ ~e d~y of ., nineteen hundred ~d ~.
Clerk
Circui~ coum of
the City of Virginia Reach ~~W
SEAL
THIS APPLICATION has been reviewed and checked against "Minimum Requirements and Standards for School
Buildings."
Date
Attorney's Certificate of title and this application approved this, the
Associate Director of Energy & Facilities Services
_ day of 19
Approved by the State Board of Education,
Attorney General o! Virginia
19___
(4)
For Secretary State Board o[ Education
STATEMENT OF THE COUNTY OR CITY TREASURER
1. Assessed Value of Real and Personal Property, subject to taxation for county school purposes at date of this report.
Real Estate .............................................................................................................................................................. .2./2_8./..9_.8. ................................ $19,075 · 942 · 205
Tangible Personal' Property ................................................................................................................... .2. ./. .2. .~. /_9. .8_ ............................... $ 322t863t460
Public Service Corporations ....................................................................................................................... ..2./..2....8./..9...8... ............................... $ 630 ~ 802 t 210
Total ............................................................................................................................................................................................................................ $20,029,607,875
2. Income of the County or City for school purposes for current fiscal year:
County School Levy ................................................................................................................................................................................................. $
Cash Appropriations (local) ............................................................................................................................................................................ $ 214/260/859
District Levies $ 14,400 ~ 000
Total $ 228,660,859
3. Indebtedness of County or City (including districts) for school purposes at date of this report:
Literary Fund Loans $ 13,391,546
Long-Term Bonds $ 220,078,892
Temporary Loans $
Total $. 233,470,438
4. Record of School Bonds Outstanding (not including Literary Fund Loans):
Long-Term School Bonds: (See attached schedule)
Date of Issue Maturity Rate of Interest
Date of Issue Maturity __ Rate of Interest
Date of Issue __ Maturity Rate of Interest
5. Payments for Indebtedness from school funds for current fiscal year: (Include those tobe paid before end of current year.)
To Literary Fund of Virginia, including Interest $ 1,465,92~_
To Sinking Fund for Retirement of Long-Term School Bonds .................................................................................... $.
Long-Term School Bonds paid, inc]uding Interest $ 30,5C~4t36~
Total $ 32 t 030 t 287
Temporary Loans Paid ....................................................................................................................................................................................... $.
Total Indebtedness Paid ....................................................................................................................................................................... $. 32,030,287
I certify that the above is a true statement concerning the schoo~ds for Virginia Beach
f°rtheyearl9 97 '19 98'acc°rdingt°therec°rds°fmY°ffice~~,
Date ~ /2~ ~ for Virginia Beach
I
County or City
--, Treasurer
City
(5)
Item V-H.3.
- 26-
RESOL UTIONS/ORDINANCES
ITEM # 43666
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinances to AMEND the City Code for elderly and disabled citizens by
increasing income and net worth limits.
a.. Section 28-6 re sewer line fee exemptions.
b. Section 37-10 re water resource recovery fee exemptions.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William ~ Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, 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:
None
June 9, 1998
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AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO SEWER LINE FEE EXEMPTIONS FOR ELDERLY AND
DISABLED CITIZENS BY INCREASING INCOME AND NET
WORTH LIMITS
SECTION AMENDED: Section 28-6
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 28-6 of the City Code is hereby amended and
reordained to read as follows:
Sec. 28-6. ~r lln~ Sanitary sewer connection fee
exemptions--For certain elderly and handicapped
persons.
(a) Exemption or partial exemption from payment of the linc
sanitary sewer connection fees prescribed by section 28-4 is
provided for certain property owners who qualify under this
section. The exemption is to be administered by the city manager or
his authorized designee, herein referred to as the administrator.
The administrator is hereby authorized and empowered to prescribe,
adopt and enforce such rules and regulations, including the
requirement of answers under oath, as may be reasonably necessary
to determine qualifications for exemption. The administrator may
require the production of certified tax returns and appraisal
reports to establish income and financial worth.
(b) Exemptions shall be granted under this section subject to
the following provisions:
(1) Title to the property for which the iinc sanitary sewer
connection fee exemption is sought must be held or
partially held by the applicant at least one hundred
twenty (120) days prior to the installation or scheduled
date of installation, whichever comes first, of the
public sewer system.
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(2)
(3)
(4)
The owner of the title or partial title must be sixty-
five (65) years of age or older at least one hundred
twenty (120) days prior to the installation or scheduled
installation date, whichever comes first, of the public
sewer system. If such person is under sixty-five (65)
years of age, he or she shall possess a certification by
the social security administration, the veterans
administration, or the railroad retirement board, or if
such person is not eligible for certification by any of
these agencies, a sworn affidavit by two (2) medical
doctors licensed
commonwealth, to
permanently and
to practice medicine in the
the effect that such person is
totally disabled, as defined in
subsection (f) of this section. The affidavit of at least
one of such doctors shall be based upon a physical
examination of such person by such doctor. The affidavit
of one of such doctors may be based upon medical
information contained in the records of the civil service
commission which is relevant to the standards for
determining permanent and total disability, as defined in
subsection (f) of this section. Such medical affidavits
shall be filed with the administrator at such time as the
applicant files a sc~;cr linc sanitary sewer connection
fee exemption affidavit.
The dwelling to be connected to the public sewer system
must be the sole dwelling of the applicant claiming
exemption.
The total combined income during the immediately
preceding calendar year from all sources of the owners of
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the dwelling living therein and of the owner's relatives
living in the dwelling does not exceed twenty t%:o three
thousand five hundred dollars (~,000.vv~ $23,500.00);
provided that the first five thousand dollars ($5,000.00)
of income of each relative, other than spouse or spouses
of the owner or owners living in the dwelling shall not
be included in such total; and provided further that the
first seven thousand five hundred dollars ($7,500.00) or
any portion thereof of income received by a permanently
and totally disabled owner shall not be included in such
total.
(5) The net combined financial worth of the owner shall not
exceed ......... eighty thousand dollars (~,~,~ 00
$80,000.00), excluding the fair market value of the house
to be connected to the public sewer system. Net combined
financial worth shall include the value of all assets,
including equitable interests, of the owner and of the
spouse of the owner.
(c) Persons applying for linc sanitary sewer connection fee
exemption under this section must file with the administrator a
linc fee exemption affidavit setting forth, in a manner prescribed
by the administrator, the location and value of the property to be
connected to the public sewer, the names of the persons related to
the owner and occupying the dwelling, their gross combined income
and their net combined financial worth. If such applicant is under
sixty-five (65) years of age, medical certification or affidavits,
as set forth in subsection (b) (2) of this section shall also be
filed with the administrator.
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(d) Where the person claiming exemption conforms to the
standards and does not exceed the limitations contained in this
section, the linc sanitary sewer connection fee exemption shall be
as shown in the following schedule:
Total income, all sources
(e) If, within twelve
00.00 - 15.000.00
15,000.01 - 17,000.00
17,000.01 - 19,000.00
19,000.01 - 21,000.00
21,000.01 - 23,500.00
(12) months after the
Exemption
100%
8O%
6O%
4O%
20%
~-^ fee
exemption is obtained under this section, the applicant's financial
position should change, so that its effect would be to remove the
person holding the exemption from within the limits and standards
of this section, then the person holding the exemption shall refund
the amount of the exemption to the city.
(f) For purposes of this section, a person is permanently and
totally disabled if he is so certified as required in subsection
(b) (2) of this section and is found by the administrator to be
unable to engage in any substantial gainful activity by reason of
any medically determinable physical or mental impairment or
deformity which can be expected to result in death or can be
expected to last for the duration of such person's life.
(g) Any person falsely claiming an exemption or violating any
provision of this section shall be guilty of a Class 1 misdemeanor.
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Adopted by the City Council of the City of Virginia Beach
on this 9th day of June, 1998.
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CA-7030
G:\DATA\ORDIN\PROPOSED\28-006.ORD
R-1
June 1, 1998
APPROVED AS TO CONTENTS:
Management Services
Public Utilities
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Law
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AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO WATER RESOURCE RECOVERY FEE EXEMPTIONS FOR
ELDERLY OR DISABLED CITIZENS BY INCREASING
INCOME AND NET WORTH LIMITS
SECTION AMENDED: SECTION 37-10
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 37-10 of the City Code is hereby amended and
reordained to read as follows:
Sec. 37-10. Recovery fee exemptions--For certain elderly and
handicapped persons.
(a) Exemption or partial exemption from payment of the
recovery fees prescribed by section 37-7.1 is provided for certain
property owners who qualify under this section. The exemption is to
be administered by the city manager or his authorized designee,
herein referred to as the administrator. The administrator is
hereby authorized and empowered to prescribe, adopt and enforce
such rules and regulations, including the requirement of answers
under oath, as may be reasonably necessary to determine
qualifications for exemption. The administrator may require the
production of certified tax returns and appraisal reports to
establish income and financial worth.
(b) Exemptions shall be granted under this section subject to
the following provisions:
(1) Title to the property for which the recovery fee
exemption is sought must be held or partially held by the
applicant at least one hundred twenty (120) days prior to
the installation, or scheduled date of installation,
whichever comes first, of the water line.
(2) The owner of the title or partial title must be
sixty-five (65) years of age or older at least one
hundred twenty (120) days prior to the installation or
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(3)
(4)
scheduled installation date, whichever comes first, of
the water line. If such person is under sixty-five (65)
years of age, he or she shall possess a certification by
the social security administration, the veterans
administration, or the railroad retirement board, or if
such person is not eligible for certification by any of
these agencies, a sworn affidavit by two (2)
medical
doctors licensed to practice medicine in the
commonwealth, to the effect that such person is
permanently and totally disabled, as defined in
subsection (f) of this section. The affidavit of at least
one of such doctors shall be based upon a physical
examination of such person by such doctor. The affidavit
of one of such doctors may be based upon medical
information contained in the records of the civil service
commission which is relevant to the standards for
determining permanent and total disability as defined in
subsection (f) of this section. Such medical affidavits
shall be filed with the administrator at such time as the
applicant files a water line fee exemption affidavit.
The dwelling to be connected to the water line must be
the sole dwelling of the applicant claiming exemption.
The total combined income during the immediately
preceding calendar year from all sources of the owners of
the dwelling living therein and of the owner's relatives
living in the dwelling does not exceed twenty two three
thousand five hundred dollars,~,~ O~vv.o0 $23,500.00);
provided that the first five thousand dollars ($5,000.00)
of income of each relative, other than spouse or spouses
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of the owner or owners livin9 in the dwelling, shall not
be included in such total; and provided further that the
first seven thousand five hundred dollars ($7,500.00) or
any portion thereof of income received by a permanently
and totally disabled owner shall not be included in such
total.
(5) The net combined financial worth of the owner shall not
exceed ......... eighty thousand dollars (¥,0,~ 00
$80.000.00), excluding the fair market value of the house
to be connected to the water line. Net combined financial
worth shall include the value of all assets, including
equitable interests, of the owner and of the spouse of
the owner.
(c) Persons applying for recovery fee exemption under this
section must file with the administrator a recovery fee exemption
affidavit, setting forth, in a manner prescribed by the
administrator, the location and value of the property to be
connected to the water line, the names of the persons related to
the owner and occupying the dwelling, their gross combined income
and their net combined financial worth. If such applicant is under
sixty-five (65) years of age, medical certification or affidavits,
as set forth in subsection (b) (2) of this section, shall also be
filed with the administrator.
(d) Where the person claiming exemption conforms to the
standards and does not exceed the limitations contained in this
section, the recovery fee exemption shall be as shown in the
following schedule:
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Total income, all sources
20,000.01
$ 00.00 - 15,000.00
15.000.01 - 17.000.00 80%
17,000.01 - 19,000.00 60%
19,000.01 - 21.000.00 40%
21,000.01 - 23,500.00 20%
Exemption
100%
(e) If, within twelve (12) months after the recovery fee
exemption is obtained under this section, the applicant's financial
position should change so that its effect would be to remove the
person holding the exemption from within the limits and standards
of this section, then the person holding the exemption shall refund
the amount of the exemption to the city.
(f) For purposes of this section, a person is permanently and
totally disabled if he is so certified as required in subsection
(b) (2) of this section and is found by the administrator to be
unable to engage in any substantial gainful activity by reason of
any medically determinable physical or mental impairment or
deformity which can be expected to result in death or can be
expected to last for the duration of such person's life.
(g) Any person falsely claiming an exemption or violating any
provision of this section shall be guilty of a Class 1 misdemeanor.
Adopted by the City Council of the City of Virginia Beach on
this 9th day of June, 1998.
CA-7031
DATA/ORDIN/PROPOSED/37-010.ORD
Ri
PREPARED: 06/01/98
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL
SUFFICIENCY:
Management Services
Department of Law
Public Utilities
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Item V-H. 4.
-27-
RESOL UTIONS/ORDINANCES
ITEM # 43667
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to authorize acquisition of property in fee simple re
construction of Capital Project #5-142 Chloramine Feed Facilities,
Lynnhaven Pump Station, including temporary and permanent easements
by agreement or condemnation (L YNNHA VEN BOROUGH).
Voting:
11-0 (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, Reba $.
McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa 34. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 9, 1998
AN ORDINANCE AUTHORIZING THE
ACQUISITION OF PROPERTY, OR
INTERESTS THEREIN, IN
ASSOCIATION WITH THE
CONSTRUCTION OF CAPITAL
PROJECT #5-142 CHLORAMINE
FEED FACILITIES, LYNNHAVEN
PUMP STATION
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WHEREAS, Capital Project #5-142 Chloramine Feed
Facilities, Lynnhaven Pump Station is included in the FY 1997-98
through FY 2002-03 Capital Improvement Program, and funds were
appropriated for this project in the FY 1997-98 Capital Budget;
WHEREAS, construction of this project is part of the
City's ongoing Water Quality Program;
WHEREAS, in the opinion of City Council, a public
necessity exists for the City to move forward with this important
project for public purposes and for the preservation of the safety,
health, peace, good order, comfort, convenience, and welfare of the
citizens of the City; and
WHEREAS, before the project can be constructed, it is
necessary to acquire certain real property or interests therein,
including temporary and permanent easements.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the City Manager is hereby authorized to make
or cause to be made on behalf of the City of Virginia Beach, to the
extent that funds are available, a reasonable offer to the owner(s)
of, or person(s) having an interest in, all that certain real
property, including temporary and permanent easements, as shown on
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the project area map entitled ~Chloramine Feed Facilities,
Lynnhaven P.S., C.I.P. 5-142," a copy of which is attached hereto
as Exhibit A; and
2. That if any such offer is refused, the City Attorney
is hereby authorized to institute proceedings to condemn said
property or interests therein in accordance with Section 15.2-1901
et seq. of the Code of Virginia (1950), as amended.
Adopted by the Council of the City of Virginia Beach,
9 June
Virginia, on the day of , 1998.
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CA-7020
ORDIN\NONCODE~WATERPROJECT.ORD
R-1
PREPARED: May 28, 1998
APPROVED AS TO CONTENT:
~/Real Estate
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
Exhibit A
/
/
CHLORAMINE FEED FACILITIES
LYNNHAVEN P.S.
C.I.P. 5-142
$C, AL~.'
DA TE: 05/OlY~&~ ~'IL£'
Item V-H. 5.
- 28-
RESOLUTIONS/ORDINANCES ITEM # 43668
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones,
AMENDED*
City Council ADOPTED, AS
Ordinance to AMEND the FY 1997-1998 Capital Budget by establishing
Capital Project #9-010 Virginia Marine Science Museum Phase III Master
Plan; APPROPRIATE $100, O00 from the General Fund Balance to their
Capital Project re developing a master plan for the Virginia Marine
Science Museum; and, estimated revenue in the FY 1997-1998 Capital
Budget be increased accordingly to reflect the use of the General Fund
Balance.
*The following verbiage shall be DELETED after the "WHEREAS" in the second paragraph:
".. the emergence of new regional initiatives to fund major capital projects and.."
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, 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:
None
June 9, 1998
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AN ORDINANCE TO AMEND THE FY 1997-98
CAPITAL BUDGET BY ESTABLISHING CAPITAL
PROJECT #9-010 MARINE SCIENCE MUSEUM
PHASE III MASTER PLAN, FOR THE PURPOSE
OF EVALUATING THE FUTURE POTENTIAL FOR
EXPANDING THE VIRGINIA MARINE SCIENCE
MUSEUM, AND APPROPRIATING $100,000
FROM THE GENEP~AL FUND BALANCE TO THIS
PROJECT
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WHEREAS, the Virginia Marine Science Museum has been and
continues to be a highly successful operation for the City;
WHEREAS, the potential for properties around the Museum
to change ownership may present the City with opportunities for
further development of the Marine Science Museum as a world class
tourist attraction and regional environmental asset;
WHEREAS, the Virginia Marine Science Museum would benefit
from the development of a master plan for future expansion
possibilities; and
WHEREAS, funding is available from the General Fund
Balance to pay for an evaluative study of possible expansion of the
Museum.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the FY 1997-98 Capital Budget is hereby amended
by the establishment of Capital Project #9-010 Marine Science
Museum Phase III Master Plan;
2. That funds in the amount of $100,000 are hereby
appropriated from the General Fund Balance to Capital Project #9-
010 for the purpose of developing a master plan for the Virginia
Marine Science Museum; and
3. That estimated revenue in the FY 1997-98 Capital
Budget is hereby increased in the amount of $100,000 to reflect the
use of the General Fund Balance for this project.
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An affirmative vote by a majority of members of City Council is
required.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 9
day of June , 1998.
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CA-6960
G:\DATA\ORDIN\NONCODE\EXPANSIO.ORD
JUNE 9, 1998
R3
A~proved as to Legal
Sufficiency
G: \DATA\ORDIN\NONCODE\EXPANS I O. ORD 2
- 29-
Item V-H. 6.
RES OL UTIONS/ORD INANCES
ITEM # 43669
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to APPROPRIATE a $37,161 Grant from the Southeastern
Virginia Job Training Administration (SVJTA) to the Department of
Housing and Neighborhood Preservation FY1997-1998 Operating Budget
re staffing and travel expenses for the Care Youth Leadership Camp; and,
estimated revenue from the Commonwealth of Virginia be increased
accordingly.
11-0 (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, Reba S.
McClanan, 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:
None
June ~ 1998
Item V-H. 7.
- 30-
RES O L UTI ONS/ORD INAN CES
ITEM # 43670
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to authorize a temporary encroachment into a portion of the
City's 300' wide drainage easement known as Canal No. 2 by Stihl, Inc. re
constructing and maintaining a parking addition adjacent to the existing
parking lot at the rear of 536 Viking Drive (PRINCESS ANNE
BOROUGH).
The following conditions shah be required:
6.
The applicant agrees that such temporary encroachment will be
constructed and maintained in accordance with the laws of the
Commonwealth of Virginia and the City of Virginia Beach, and
in accordance with the City of Virginia Beach Public Works
Department's specifications and approval as to size, alignment
and location.
The temporary encroachment herein authorized shah terminate
upon notice by the City of Virginia Beach, and that within thirty
(30) days afier such notice is given, the temporary encroachment
shah be removed from the City's 300' wide drainage easement
known as Canal No. 2 by the applicant who will bear all costs
and expenses of such removal.
The applicants will indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against aH
claims, damages, losses and expenses including reasonable
attorney's fees in case it shah be necessary to file or defend an
action arising out of the location or existence of such temporary
encroachment.
Nothing herein contained shah be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by
anyone other than the applicant.
The applicant agrees to maintain said temporary encroachment
so as not to become unsightly or a hazard.
The applicant shah obtain a permit from the Development
Services Center prior to commencing any construction within the
City's right-of-way. Prior to the issuance of a right-of-way
permit, the applicant must post a Performance Bond or other
form of surety approved by the Department of Planning in
accordance with the engineers cost estimate. A right-of-way
permit is required prior to beginning construction with proof of
general comprehensive form liability ($500, 000 minimum).
June 9, 1998
- 31 -
Item V-H. 7.
RESOL UTIONS/ORDINANCES ITEM # 43670 (Continued)
7.
The City of Virginia Beach, upon revocation of such authority
and permission so granted, may remove any such temporary
encroachment and charge the cost thereof to the applicants and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the applicants to remove such
temporary encroachment; and pending such removal, the City
may charge the applicants compensation for the use of such
portion of the City's right-of-way encroached upon the
equivalent of what wouM be the real property tax upon the land
so occupied if it were owned by the applicants; and if such
removal shall not be made within the time ordered hereinabove
by this Agreement, the City shall impose a penalty in the sum of
One Hundred Dollars ($100. 00) per day for each and every day
that such temporary encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties in
any manner provided by law for the collection of local or state
taxes.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IlL William V~. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Naney K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 9, 1998
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AN ORDINANCE TO ACCEPT A GRANT OF
$37,161 FROM THE SOUTHEASTERN
VIRGINIA JOB TRAINING ADMINISTRATION
AND APPROPRIATE THESE FUNDS TO THE
FY 1997-98 OPERATING BUDGET OF THE
DEPARTMENT OF HOUSING AND
NEIGHBORHOOD PRESERVATION FOR THE
PURPOSE OF PROVIDING STAFFING AND
TRAVEL EXPENSES FOR THE CARE YOUTH
LEADERSHIP CAMP
WHEREAS, the City and the School Administration jointly
operate the CARE Youth Leadership Camp, which receives annual
funding from the Southeastern Virginia Job Training Administration
for peer counselors, teachers, bus drivers, and related travel
expenses necessary for the camp; and
WHEREAS, the City has received funding in the amount of
$37,161 directly from the Southeastern Virginia Job Training
Administration for the operation of the CARE Youth Leadership Camp.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $37,161 in grant funds be accepted from the
Southeastern Virginia Job Training Administration and appropriated
to the FY 1997-98 Operating Budget of the Department of Housing and
Neighborhood Preservation for the purpose of operating the CARE
Youth Leadership Camp; and
2. That estimated revenue from the Commonwealth of Virginia
in the FY 1997-98 Operating Budget be increased by $37,161.
Requires an affirmative vote by a majority of all City Council
members.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 9th day of June, 1998.
CA-7027
ORDIN\NONCODE\CARE.ORD
R-4
JUNE 3, 1998
36 APPROVED AS TO CONTENT:
37
39 Management
APPROVED AS TO LEGAL
SU,FFICIENCY:
Law Department
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACH~ENTS INTO
A PORTION OF THE CITY'S 300'
WIDE DRAINAGE EASEMENT KNOWN
AS CANAL NO. 2 BY STIHL,
INC., ITS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, Stihl, Inc., desires to construct and maintain
a parking lot addition into an existing 300' wide City drainage
easement known as Canal No. 2; and
WHEREAS, City Council is authorized pursuant to ~ 15.2-
2107 and 15.2-2009, Code of Virginia, 1950, as amended, to
authorize a temporary encroachment upon the City's right-of-way
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in ~ 15.2-2107 and 15.2-2009, Code of Virginia, 1950, as
amended STIHL, INC., its heirs, assigns and successors in title are
authorized to construct and maintain a temporary encroachment for
a parking lot addition in the City's 300' drainage easement known
as Canal No. 2 as shown on the map entitled: "STIHL, INC. PARKING
ADDITION PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA DATE: 02-
26-98 SCALE:N.T.S.," a copy of which is on file in the Department
of Public Works and to which reference is made for a more
particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachment
is expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
STIHL, INC., (the "Agreement") which is attached hereto and
incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
35
36
37
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39
4O
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as PETER K. MUELLER, President of STIHL,
INC. and the City Manager or his authorized designee execute the
Agreement.
Adopted by the Council of the City of Virginia Beach,
9 June
Virginia, on the day of , 1998.
41
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AGENT=JCL
PWALDO \ LAWS ON\ S T IHL. ORD
R-1
PREPARED: 5-1- 98
~ AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
~ -- ~ITY ATTbRI~EY
PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(a) (3) AND 58.1-811(c) (4)
REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ZZm~ day of .~r'l
19 ~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, GP~tNTOR, party of the first part, and
STIHL, INC., a Virginia Corporation, THEIR HEIRS, ASSIGNS kND
SUCCESSORS IN TITLE, GRANTEE, party of the second part.
WI TNE $ $ ET H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a parking addition adjacent
to the existing parking lot at the rear of 536 Viking Drive in
the City of Virginia Beach; and
WHERE~S, in constructing and maintaining such proposed
parking lot, it is necessary that the said party of the second
part encroach into a portion of an existing City 300' drainage
easement, and said party of the second part has requested that
the party of the first part grant a temporary encroachment to
facilitate such proposed parking addition within a portion of the
City's drainage easement.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruin9 or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's drainage easement
for the purpose of constructing and maintaining such proposed
parking addition.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a
portion of the City's 300'
drainage easement known as
Canal No. 2 as shown on that
certain plat entitled: "STIHL,
INC. PARKING ADDITION," a copy
of which is attached hereto as
Exhibit "A" and to which
reference is made for a more
particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's 300' drainage easement by the party of the second part;
and that the party of the second part shall bear all costs and
expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Development Services Center prior to commencing any construction
within the City's right-of-way.
It is further expressly understood and agreed that
prior to issuance of a right of way permit, the party of the
second part must post a Performance Bond and or other form of
surety approved by the Department of Planning in accordance with
the engineers cost estimate.
3
It is further expressly understood and agreed that a
right-of-way permit is required prior to beginning construction
with proof of a general comprehensive form liability ($500,000
minimum). Information may be obtained from the Department of
Planning, DeveLopment Services Center.
It is further expressly understood and agreed that the
owner agrees to keep the City free and harmless from liability as
a result of the encroachment.
It is further expressly understood and agreed that the
owner agrees to remove the encroachment within a reasonable
amount of time as directed by the City and at no expense to the
City. If, in the event, the owner refused or is unable to remove
the encroachment, the owner understands the City will authorize
the removal of the encroachment and all expenses will be charged
to the owner to recover the cost of the encroachment removal.
It is further expressly understood and agreed that the
owner shall maintain the encroachment to prevent it from becoming
unsightly or a hazard.
It is further expressly understood and agreed that the
party of the first part,
permission so granted,
upon revocation of such authority and
may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
(SEAL)
ATTEST:
City Clerk
APPROVED AS TO
LEGAL SUrFK.h:_i~CY
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
STIHL, INCOR~~N
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary
Public in and for the City and State aforesaid, do hereby certify
that , CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the day of , 19 , has
acknowledged the same before me in my City and State aforesaid.
GIVEN under ~y hand this day of ,
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of , 19 , has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of ,
19 .
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, ~~ ~O~Q~(~ , a Notary Public
in and for the City and State aforesaid, do hereby certify that
~r ~~' , whose name
is signed to the foregoing writing, bearing date the ~2~ day
of ~~ , 19~, has acknowledged the same
before me in my City and State aforesaid.
Given under my hand this ~ day of
·
My Commission Expires:
Notary Public
gl; Zool
7
LOCATION MAP SCALE: 1" = 3,200'
DRAIN. EA$ ......... ~- - - - ~-~,, ~ ~ \
......... - ......... ~ ~ ~ ~ \
LOCATIONMAP,,
FOR ',
LOT
ENCROACHMENT INTO
'~OR APARKINGByL,OT\
STIHL, IN,C:.
SCALE: 1" = 100'
Filename: can~2~sn It~I
PARKING
ADDITION
CANAL NO. 2
ADDITION
PREPARED BY P/W ENG. DRAFT. 28-MAY-1998
- 32 -
Item V-H. 8.
RESOL UTIONS/ORDINANCES
ITEM # 43671
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinances re annual compensation for City Council Appointees:
a. City Manager
b. City Attorney
c. City Real Estate Assessor
d. City Clerk
(4.5% = $136,939.00)
(4.5% = $114,662.00)
(4.5% = $ 75,349.00)
(4.5% = $ 62,Z45.00)
(To be effective on the anniversary date of each Appointee)
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, 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:
None
June 9, 1998
1
2
3
AN ORDINANCE PERTAINING
TO THE COMPENSATION OF
THE CITY MANAGER
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12
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WHEREAS, City Council has evaluated the performance of
the City Manager; and
WHEREAS, based upon this evaluation, City Council has
determined that an increase in the City Manager's compensation
would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That effective December 1, 1998, the salary of the City
Manager is hereby increased by four and one-half percent (4.5%)
from $131,043.00 annually to $136,939.00 annually, and that,
effective July 1, 1998, the City's contribution to the City
Manager's deferred compensation plan is hereby increased from
$7,500 annually to $8,000 annually.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 9 day of June , 1998.
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CA-7038
ORDIN\NONCODE\SALARY.JKS
R-1
PREPARED: 6/3/98
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AN ORDINANCE PERTAINING
TO THE COMPENSATION OF
THE CITY ATTORNEY
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WHEREAS, City Council has evaluated the performance of
the City Attorney; and
WHEREAS, based upon this evaluation, City Council has
determined that an increase in the City Attorney's compensation
would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That effective November 1, 1998, the salary of the City
Attorney is hereby increased by four and one-half percent (4.5%)
from $109,725.00 annually to $114,662.00 annually, and that,
effective July 1, 1998, the City's contribution to the City
Attorney's deferred compensation plan is hereby increased from
$5,000 annually to $8,000 annually.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 9 day of June , 1998.
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CA-7039
ORD I N\NONCODE \ SALARY. LLL
R-2
June 4, 1998
1
2
3
4
AN ORDINANCE PERTAINING
TO THE COMPENSATION OF
THE CITY REAL ESTATE
ASSESSOR
9
10
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12
13
14
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WHEREAS, City Council has evaluated the performance of
the City Real Estate Assessor; and
WHEREAS, based upon this evaluation, City Council has
determined that an increase in the City Real Estate Assessor's
compensation would be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That effective March 1, 1999, the salary of the City Real
Estate Assessor is hereby increased by four and one-half percent
(4.5%) from $72,105.00 annually to $75,349.00 annually.
Adopted by the Council of the City of Virginia Beach,
9
Virginia, on the day of June , 1998.
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CA-7040
ORDIN\NONCODE\SALARY.JB
R-1
June 3, 1998
1
2
AN ORDINANCE PERTAINING TO THE
COMPENSATION OF THE CITY CLERK
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8
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10
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12
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WHEREAS, City Council has evaluated the performance of
the City Clerk; and
WHEREAS, based upon this evaluation, City Council has
determined that an increase in the City Clerk's compensation would
be appropriate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That effective November 16, 1998, the salary of the City
Clerk is hereby increased by four and one-half percent (4.5%) from
$59,565.00 annually to $62,245.00 annually.
Adopted by the Council of the City of Virginia Beach,
9 June
Virginia, on the day of , 1998.
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CA-7041
ORDIN\NONCODE\SALARY.RHS
R-1
June 3, 1998
- 33 -
Item V-H. 9.
RESOL UTIONS/ORDINANCES
ITEM # 4;672
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED:
License Refunds - $2,149.59.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, 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:
None
June 9, 1998
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
AMF Bowling Canters Inc. 1998 5/13/98 404.68 404.68
ASA Architects PC 1997 Audit 78.82 7.65 86.47
Bo Of Tidewater Inc. 1998 5/01/98 99.27 99.27
Breeden & Silver Dist Corp. 1998 4/30/98 94.80 94.8~
Bristol Mechanical Inc. 1996-1998 Audit 16.99 9.43 26.42
Byrd, E.L. 1996-1997 Audit 21.43 3.10 24.53
Chanda, Patricia A. 1998 5/01/98 12.00 12.00
Cherry Hill Photo Enterp Inc. 1997-1998 Audit 10.00 0.05 10.05
Cox, Catherine C. 1998 4/28/98 86.24 86.24
Creative Displays Inc. 1996-1998 Audit 103.67 103.67
Eaton, Brian A. 1998 3/17/98 10.00 10.00
Feeney, Peter D. 1995-1996 Audit 30.81 5.87 36.68
Gohr, Joan A. 1998 4/28/98 17.00 17.00
Haberdash Construction Inc. 1998 5/01/98 73.99 73.99
Hoover, Linda K. 1996-1998 Audit 34.03 34.03
John Baggio & Associates Inc. 1998 3/17/98 10.00 10.00
Kat Carpentry Inc. 1998 3/17/98 10.00 10.00
King, Lester J. III 1998 5/01/98 13.77 13.77
Lewis Builders Inc. 1998 3/16/98 10.00 10.00
Mapes, Christina L. 1998 3/13/98 10.00 10.00
Milcom Systems Corp. 1998 5/01/98 342.94 342.94
Shaw, Richard & Laverne 1998 5/01/98 11.67 11.67
Sigma Concrete Construction Corp. 1998 3/14/98 10.00 10.00
Supreme Cuisine Inc. 1996-1997 Audit 43.21 6.36 49.57
Thermo Trol Corp. of Tdwtr. 1996-1997 Audit 130.37 12.07 142.44
VA Beach Plastic Surgery Center 1998 4/20/98 401.37 401.37
Wareings Gym Inc. 1998 5/08/98 18.00 18.00
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,149.59
City of Virginia Beach on the
9
/"~Philip ,~. Kellam - ~
Commissioner of the Revenue
Approved as to form:
were approved by the Council of the
day of June ,19 98
Ruth Hodges Smith
City Clerk
Item V-I.
PUBLIC HEARING
PLANNING
- 34-
ITEM # 43673
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. GEORGE F. DARDEN
SUBDIVISION VARIANCE
2. TODD WALTER/BAITA DEVELOPMENT CO., LLC
SUBDIVISION VARIANCE
3. DMR HOLDINGS, LLC
CONDITIONAL USE PERMIT
4. PAXSON COMMUNICATIONS CORPORA TION
CONDITIONAL USE PERMIT
5. SPRINT, PCS
CONDITIONAL USE
PERMITS
6. WES TMINS TER-CANTERB UR Y O F
HAMPTON ROADS, INC.
CONDITIONAL USE PERMIT
7. DALA CORPORATION, A VIRGINIA CORPORATION
CONDITIONAL USE PERMIT
8. RACETRAC PETROLEUM, INC.
CHANGE OF ZONING
AND
CONDITIONAL USE PERMIT
9. MICHAEL D. SIFEN, INC., A VIRGINIA CORPORATION
CONDITIONAL CHANGE OF
ZONING
June 9, 1998
Item V-I.
PUBLIC HEARING
- 35-
PLANNING
ITEM # 45674
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one
motion Items 1, 2, 3, 4, 5 and 7of the PLANNING BY CONSENT.
Item L 7. was DEFERRED, BY CONSENT, until the City Council Session of August 11, 1998.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William ~ Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndor~, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.-
None
Council Members Absent:
None
Council Lady McClanan VOTED A VERBAL NAY on Item L2. (Waiter/Baita Developmen0
June 9, 1998
Item V-I. 1.
PUBLIC HEARING
- 36-
PL4NNING
ITEM # 45675
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED
application of GEORGE F. DARDEN, JR. (Hartley Property)for a Variance to Section 4.4(b) of the
Subdivision Variance which requires that all lots created by subdivision meet all of the requirements of the
City Zoning Ordinance:
Appeal to Decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance, Subdivision for
George F. Darden, Jr., Property is located at 2784 Seaboard
Road. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. No further subdivision of the subject site shall be permitted.
2. The applicant shall submit a final plat to the Development
Services Center for review, approval and recordation.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
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:
None
June 9, 1998
-37-
Item V-I.2.
PUBLIC HEARING
PLANNING
ITEM # 43676
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED
Ordinance upon application of TODD WAL TER/BAITA DEVELOPMENT CO., LLC for a Variance to
Section 4.4(a) of the Subdivision Ordinance to subdivide an existing commercial parcel. (Ruby Tuesday's
will be located on the parcel across from Target.)
Appeal to Decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance, Subdivision for
Mr. Todd Walter/Baita Development Co., LLC. Property is
located on Parcel C-2F, Princess Anne Marketplace.
KEMPSVILLE BOROUGH.
The following conditions shall be required:
The proposed structures on both Parcel C-2H and Parcel C-2G
shall be of an architectural design that complements the existing
Target Department Store. The exteriors of the proposed
structures shall consist of brick, or a significant use of brick
detailing in conjunction with matched splitface brick.
Architectural elevations shall be submitted to the Planning
Director for review and approval prior to site plan approval for
both Parcel C-2H and Parcel C-2G.
Parcel C-2H shall adhere to the landscape requirements in the
Site Plan Ordinance, Section 5A, for commercial sites as if the
parcel had frontage on a right-of-way. Street frontage, interior
coverage and foundation screening requirements shall be met.
Voting:
10-1 (By Consent)
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 K. Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
June 9, 1998
- 38-
Item V-L3.
PUBLIC HEARING
PLANNING
ITEM # 43677
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of DMR HOLDINGS, LLC for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF DMR HOLDINGS,
LLC. FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOTIVE REPAIR GARAGE (classic auto restoration)
R06982193
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of DMR Holdings, LLC, for a
Conditional Use Perm#for an automotive repair garage (classic
auto restoration) on the north side of Princess Anne Road, east
of Arrowhead Drive. Said parcel is located at 5716 Princess
Anne Road and contains.286 acres. KEMPSVILLE BOROUGH.
The following conditions shall be require&
1. AH repair work will be performed within the building.
2. AH repaired vehicles and vehicles to be repaired must be stored
inside the building.
3. No vehicles shah be displayed or sold from this site.
4. The building exterior walls will be painted with neutral colors.
A written agreement shah be obtained from Norfolk and Southern
Railroad for a fence encroachment. An eight-foot privacy fence
must be installed along the rear property line where the property
is parallel to the railroad and Southern Boulevard.
This Ordinance shah be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of June, Nineteen Hundred and
Ninety-Eight.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
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:
None
June 9, 1998
Item V=L4.
PUBLIC HEARING
- 39-
PLANNING
ITEM # 43678
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of PAXSON COMMUNICATIONS CORPORATION for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF PAXSON
COMMUNICATIONS CORPORA TION FOR A CONDITIONAL
USE PERMITFOR A COMMUNICATIONS TO WER R06982194
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Paxson Communications
Corporation for a Conditional Use Permit for a communications
tower on the east side of Clearfield Avenue beginning at a point
200feet more or less north of Cleveland Street. Said parcel is
located at 230 Clearfield Avenue and contains 15.106 acres.
BAYSIDE BOROUGH.
The following conditions shah be required:
1. Future joint use for primary and secondary tower users must be
accommodated on this tower at reasonable terms.
2. In the event that the tower is inactive for a period of two years,
it must be removed at the applicant's expense.
This Ordinance shah be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of June, Nineteen Hundred and
Ninety-Eight.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
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:
None
June 9, 1998
Item V-I. 5.afo/c
PUBLIC HEARING
- 40-
PLANNING
ITEM # 45679
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinances upon application of SPRINT, PCS for Conditional Use Permits for a communications tower,
monopole communications tower and telecommunication antennas:
ORDINANCE UPON APPLICATION OF SPRINT, PCS FOR A
CONDITIONAL USE PERMIT FOR A COMMUNICATION
TOWER R06982195
BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sprint, PCS for a Communication
tower on the west side of Lawson Road at its intersection with
Independence Boulevard. Said parcel is located at 170 7 Lawson
Road and contains 25,958 square feet. BA YSIDE BOROUGH.
The following conditions shall be required:
6.
Future joint use for primary and secondary tower users must be
accommodated on this tower at reasonable terms.
The proposed tower must be designed and constructed in similar
fashion as the existing monopole structure, including the
coloration and lighting of the tower. However, no additional
strobe lighting shall be permitted without written verification
from the F.A.A. that the lighting is required for safety purposes.
In the event that the tower is inactive for a period of two years,
it must be removed at the applicant's expense.
The plant species shown on the submitted plan must be changed
to a more appropriate plant material to screen the tower
compound. It is recommended that the applicant consider Wax
Myrtles or Red Tip Photinas. In addition to the landscaping
planned around the tower compound, the applicant must also
install a planting bed lO feet in width, along the entire frontage
of the site as it adjoins Lawson Road (except at the two approved
entrances). Leyland Cypress trees, 6-8feet in height at planting,
shah be planted 20feet on center within the bed.
The project will be developed substantially in keeping with the
site plan entitled "Sprint PCS Comprehensive Site Plan, Starling
Farm "datedMarch 23,1998, and revised March 30, 1998. (The
plan must be modified to depict the additional landscaping
required by Condition g4 above).
No additional uses shall be permitted on the site without
reconsideration by City Council.
AND,
June 9, 1998
Item V-I.$.ofo/c
PUBLIC HEARING
- 41 -
PLANNING
ITEM # 43679 (Continued)
ORDINANCE UPON APPLICATION OF SPRINT, PCS FOR A
CONDITIONAL USE PERMIT FOR A MONOPOLE
COMMUNICATIONS TOWER R06982196
BE IT HEREBY ORDAINED B Y THE CO UNCIL OF THE CITY OF VIRGINIA BEA CH, VIRGINIA
Ordinance upon application of Sprint, PCS for a Conditional Use
Permit for a monopole communications tower located on the west
side of Sandbridge Road, northeast of Colchester Road Property
is bounded on the east by Sandbridge Road and on the west by
Hells Point Creek. Said parcel contains 73.8 acres. PRINCESS
ANNE BORO UGH.
The following conditions shall be required:
The proposed tower must be developed as presented to the
Planning Commission and City Council, as a monopole
structure, not to exceed 180feet in overall height.
The tower may not be painted Lighting of the tower must be the
standard lighting requirement outlined in F.A.A. guidelines for
towers of l 8O feet in height or lower. If due to FAA or other
state or federal guidelines, painting or modified lighting is
required, the maximum height of the tower shall be limited to a
lesser height that would not require additional lighting or
painting.
No trees shall be removed within the portion of the leased area
that lies outside the chain link fence as depicted on the site plan
submitted with this conditional use permit application entitled
"Preliminary Site Plan, Sandbridge, for Sprint PCS" dated 4-1-
98.
4. In the event that the tower is inactive for a period of two years,
it must be removed at the applicant's expense.
AND,
ORDINANCE UPON APPLICATION OF SPRINT, PCS FOR A
CONDITIONAL USE PERMIT FOR TELE COMMUNICATIONS
ANTENNAS R06982197
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sprint, PCS for a Conditional Use
Permit for telecommunications antennas on the north side of
Holland Road, east of Dam Neck Road Said parcel is located at
3040 Holland Road and contains 17.632 acres. PRINCESS
ANNE BORO UGH.
June 9, 1998
Item V-I.$.a~o/c
- 42 -
PUBLIC HEARING
PLANNING ITEM # 43680 (Continued)
The following condition shall be required:
The project will be developed substantially in keeping with the
site plan entitled "Sprint PCS Comprehensive Site Plan, Starling
Farm" dated March 23, 1998, and revisedMarch 30, 1998.
These Ordinances shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of June, Nineteen Hundred and
Nine~_ -Eight.
Voting: I1-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III,, William W.. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
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:
None
June 9, 1998
Item V-L6.
- 43 -
PUBLIC HEARING
PL/INNING
ITEM # 43681
.The following registered in SUPPORT:
Attorney R. ,f. Nutter, 4425 Corporation Lane, Phone: 528-3214, represented the applicant
Charles ,4. Taylor, 436 Lineberry Road, Phone: 486-2 772, represented Mayor's Committee for the Aging
Everett G. Johnesee, 3288 Page Avenue, Phone: 496-0468,
Bill Buono, 3109 Lynnhaven Drive, Phone: 481-1740, Chairman of the Great Neck Association of Civic
Leagues, represented the Board of Directors - Lynnhaven Colony Civic League, distributed a copy of
correspondence from William Schelling, President - Lynnhaven Colony Civic League. Said letter is hereby
made apart of the record.
The following registered in OPPOSITION:
Benjamin E. Joyce, 2308-204 Beach Haven Drive, Phon: 481-5182, represented the citizens of Shore Drive
William Balzer, 2312-304 Beach Haven Drive, Phone: 496-1997, represented the Lynnhaven Beach Condo
Association
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED Ordinance
upon application of WESTMINSTER-CANTERBURY OF HAMPTON ROADS, INC., for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WESTMINSTER-
CANTERBURY OF HAMPTON ROADS, INC. FOR A
CONDITIONAL USE PERMIT R06982198
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Westminster-Canterbury of
Hampton Roads, Inc., for a Conditional Use Permit for a home
for the aged, disabled or handicapped (extension) at the
northwest corner of Shore Drive and Starfish Road. Said parcel
is located at 3100 Shore Drive and contains 12.639 acres.
L YNNHA VEN B OR O UGH.
The following conditions shall be required:
The conditional use permit is approved for the addition of a four-
level parking structure, 164 independent living units and minor
revisions to the existing structure, as depicted on the submitted
site plan. Development shall substantially conform to the site
plan prepared by SFCS Architects and on file with the
Department of Planning.
Prior to final site plan approval, more detailed architectural
renderings, elevations, and material and color samples shall be
submitted for review and approval by the Planning Director or
designee, to ensure compatibility with the existing senior housing
facility and the surrounding area.
June 9, 1998
Item V-L 6.
- 44 -
PUBLIC HEARING
PLANNING
ITEM # 43681 (Continued)
The applicant shall be responsible for any access improvements
deemed necessary by City Traffic Engineers, upon completion of
the review of the submitted traffic impact study.
Revisions to the depicted infiltration system configuration(s) may
be required in conjunction with final site plan review.
The parking structure design shall include walls at each level of
sufficient height to screen automobile headlights, to prevent
glare onto adjacent properties.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of June, Nineteen Hundred and
Ninety-Eight.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice
Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Linwood O. Branch, III and William W. Harrison, Jr.
Council Members Absent:
None
Councilman Branch ABSTAINED as he has family members who are reside at Westminster-Canterbury
Councilman Harrison ABSTAINED as his law firm represents the applicant.
June 9, 1998
Item V-I. 7.
PUBLIC HEARING
- 45 -
PLANNING
ITEM # 43682
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED FOR
SIXTY DAYS, UNTIL AUGUST 11, 1998, the Ordinance upon application of DALA CORPORATION,
a Virginia Corporation for a Conditional Use Permit:
ORDINANCE
CORPORA TION,
CONDITIONAL
PROMOTION
UPON APPLICATION OF DALA
A VIRGINIA CORPORATION FOR A
USE PERMIT FOR AN OPEN SPACE
Ordinance upon application of Dala Corporation, a Virginia
Corporation for a Conditional Use Permit for an Open Space
Promotion on certain property located on the north side of
Indian River Road beginning at a point 2080feet more or less
east of Hillcrest Farms Boulevard. Saidparcel contains 30 acres.
KEMPSVILLE BOROUGH.
Voting:
11-0 (By Consen0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William VK. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
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:
None
June 9, 1998
Item V-I.&
- 46-
PUBLIC HEARING
PLANNING
ITEM # 43683
The following spoke in SUPPORT:
Attorney Mark Williamson, 9000 World Trade Center, Phone; 640-3713, represented the applicant and
distributed petitions in support of the application, which are hereby made a part of the record.
Max McBrayer , 300 Technology Court, Smyrna, Georgia, Phone: 770-481- 7600, Vice President - Engineer
and Design
Nikki Minadakis, 644 South Military Highway, Phone: 461-8677, one of the owners of the property
Edward Redfearn, 296 Island Lane, Phone: 481-6889
The .following registered in OPPOSITION:
Attorney Rick Matthews, 192 Ballard Court, Phone: 490-3000, represented the Elizabeth River Shores
Garden Club and Civic League.
Cheri Anne Dewberry, 3530 Sale Drive, Phone: 420-3 742, represented the Elizabeth River Shores Garden
Club. Petitions in OPPOSITION were presented and are hereby made a part of the record.
John M. Sadler, 505 South Military Highway, Phone: 420-0961
A motion was made by Council Lady Strayhorn, seconded by Councilman Branch to ADOPT Ordinances
upon application of RACETRAC PETROLEUM, INC. for a Conditional Change of Zoning and Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF RACETRAC
PETROLEUM, INC. FOR A CONDITIONAL CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM I-1 TO
CONDITIONAL B-2
Ordinance upon application of Racetrac Petroleum, Inc. for a
Change of Zoning District Classification from I-1 Light
Industrial District to Conditional B-2 Community Business
District on the east side of South Military Highway, 1700feet
more or less north of Alexandria Avenue. The proposed zoning
classification change to Conditional B-2 is.for commercial land
use. The Comprehensive Plan recommends use of this parcel for
suburban employment use in accordance with other Plan
policies. Said parcel is located at 636 & 644 South Military
Highway an contains 1.368 acres.
AND,
ORDINANCE UPON APPLICATION OF RACETRAC
PETROLEUM, INC. FOR A CONDITIONAL USE PERMIT FOR
GASOLINE SALES IN CONJUNCTION WITH A
CONVENIENCE STORE
Ordinance upon application of Racetrac Petroleum, Inc. for a
Conditional Use Permit for gasoline sales in conjunction with a
convenience store on the east side of South Military Highway,
1700feet more or less north of Alexandria Avenue. Said parcel
is located at 636 & 644 South Military Highway and contains
1.368 acres. KEMPSVILLE BOROUGH.
June 9, 1998
Item V-I. 8.
PUBLIC HEARING
PLANNING
-47-
ITEM # 43683 (Continued)
Voting:
5-5 (MOTION LOST TO A TIE VOTE)
(APPLICATION DENIED FOR LACK OF POSITIVE ACTION).
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III,, Harold Heischober, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
William W. Harrison, Jr., Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf and Nancy K. Parker,
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
None
Councilman Jones ABSTAINED as he is involved in a contractual arrangement with this company.
June 9, 1998
Item V-I. 9.
PUBLIC HEARING
- 48-
PLANNING
ITEM # 43684
Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, represented the applicant and requested
DEFERRAL.
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council DEFERRED until
the City Council Session of June 23, 1998 an Ordinance upon application of MICHAEL D. SIFEN, INC.,
a VIRGINIA CORPORATION, for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF MICHAEL D. SIFEN,
INC., A VIRGINIA CORPORATION FOR A CONDITIONAL
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5D to CONDITIONAL B-2
Ordinance upon application of Michael D. Sifen, Inc., a Virginia
Corporation for a Change of Zoning District Classification from
R-5D Residential District to Conditional B-2 Community
Business District on certain property located at the northeast
corner of Lynnhaven Parkway and Salem Road. The proposed
zoning classification change to Conditional B-2 is for
commercial land use. The Comprehensive Plan recommends use
of this parcel for marketplace corridor use in accordance with
other Plan policies. Said parcel contains 5.17 acres.
KEMPSVILLE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 9, 1998
Item V-J. 1.
- 49-
APPOINTMENTS.
ITEM # 43685
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
AIRPORT A UTHORITY
HAMPTON ROADS PLANNING DISTRICT COMMISSION
PARKS AND RECREATION COMMISSION
PERSONNEL BOARD
SOCIAL SER VICES BOARD
TIDEWATER COMMUNITY COLLEGE BOARD
TIDEWATER REGIONAL GROUP HOME COMMISSION
VIRGINIA BEACH TOWING ADVISORY BOARD
June 9, 1998
Item ~-K. 1.
- 50-
UNFINISHED BUSINESS
ADD-ON
ITEM # 43686
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council RECONSIDERED:
Ordinance to establish a Tax Increment Financing (TIF) District
re improvement of the commercial area surrounding the
Lynnhaven Mall Shopping Center; and, authorize the issuance
of special limited obligations of the City secured by Tax
Increment revenues derived from such district (ADOPTED
6/2/98).
Rather than being effective immediately, the effective date should be July 1, 1998.
Voting: 11 - 0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan,
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:
None
June 9, 1998
Item V-K. 2.
- 51 -
UNFINISHED BUSINESS
ADD-ON
ITEM # 43687
Upon motion by Vice Mayor Sessoms, seconded by Councilman Heischober, City Council ADOPTED:
Ordinance to establish a Tax Increment Financing (TIF) District re
improvement of the commercial area surrounding the Lynnhaven Mall
Shopping Center; and, authorize the issuance of special limited
obligations of the City secured by Tax Increment revenues derived from
such district. (The effective date shall be changed from "immediately" to
"effective July 1, 1998'9.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, William W. Harrison, Jr., Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, 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:
Linwood O. Branch, III
June 9, 1998
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AN ORDINANCE TO ESTABLISH A TAX
INCREMENT FINANCING DISTRICT AND TO
AUTHORIZE THE ISSUANCE OF A TAX
INCREMENT FINANCING OBLIGATION
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WHEREAS, the City of Virginia Beach (the ~City") desires
to undertake a program related to the improvement of the commercial
area (the "Mall Area") surrounding the Lynnhaven Mall Shopping
Center (the ~Mall"), including substantial improvement to the Mall
by its owner, to achieve certain important public purposes,
including but not limited to (a) improving the capacity and flow of
traffic within the Mall Area, (b) improving public transit access
to and from the Mall Area, thereby facilitating commercial
development in the Mall Area and employment in the adjacent
industrial park, (c) expanding public parking in the Mall Area,
and (d) stimulating additional investment and employment in the
Mall;
WHEREAS, as part of the undertaking of such program, the
Council of the City (the "Council") desires to provide for the
financing of the acquisition of property, public improvements and
improved transit service associated with the expansion of the Mall
in an amount not to exceed $18,250,000 (the ~Project") by
establishing a tax increment financing district and to issue
special limited obligations of the City secured by tax increment
revenues derived from such district;
WHEREAS, pursuant to Section 58.1-3245.4:1 of the Code of
Virginia of 1950 (the ~Virginia Code"), such obligations shall not
be subject to the annual debt limitations set forth in the City
Charter; and
WHEREAS, the Council held a public hearing on June 2,
1998, on the establishment of the tax increment financing district
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after notice as provided in Section 58.1-3245.2(B) of the Virginia
Code;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. Pursuant to Section 58.1-3245 et seq., of the
Virginia Code, a development project area (as defined in Section
58.1-3245) known as the Lynnhaven Mall Shopping Center District
(the "District") is hereby created and designated as such. The
District shall include that area of the City as set forth on
Exhibit A, attached hereto and made a part hereof.
2. The Real Estate Assessor, the assessing officer of
the City, is directed, pursuant to Section 58.1-3245.2(A) (1) of the
Virginia Code, to record in the land book the base assessed value
and the current assessed value (each as defined in Section 58.1-
3245 of the Virginia Code) of the real estate within the District.
3. So long as any TIF Obligations (as hereinafter
defined) remain outstanding, the Director of Finance of the City is
directed to allocate and pay the real estate taxes attributable to
the increased value of the real estate within the District between
the base assessed value and the current assessed value (the ~Tax
Increment Revenues") into a special fund entitled "Lynnhaven Mall
Tax Increment Financing Fund" (the ~Fund"), which is hereby
authorized to be created.
4. Pursuant and subject to the City Charter and the
Public Finance Act of 1991, there are hereby authorized to be
issued tax increment financing obligations in the maximum amount of
$18,250,000 (the "TIF Obligations") to provide funds, together with
other available funds, to finance the cost of the Project.
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5. The TIF Obligations shall bear such date or dates,
mature without interest at such time or times not exceeding 40
years from their date, be in such denomination and form, be
executed in such manner and be sold at such times or times and in
such manner as the Council may hereafter provide by appropriate
resolution or resolutions.
6. The TIF Obligations shall be limited obligations of
the City, payable solely from Tax Increment Revenues in the Fund.
The terms of the TIF Obligations shall be subject to the Memorandum
of Understanding with respect to the Project now being negotiated
by the City with Knickerbocker Properties, Incorporated III, and
any related or amending or replacement documents, which Memorandum
of Understanding shall be presented to City Council for approval
prior to its execution by the City. Payments under the TIF
Obligations shall be due and payable only to the extent pledged
revenues are actually available therefor. The appropriate officers
of the City are authorized to enter into appropriate development
project cost commitments and other appropriate documents consistent
with the Memorandum of Understanding and the requirements of
Article 4.1 of Title 58.1 (Section 58.1-3245 et seq.) of the
Virginia Code.
7. The City Clerk is directed to send a copy of this
ordinance to the Real Estate Assessor and the Director of Finance
of the City and any other material required by Section 58.1-3245.3
of the Virginia Code.
8. The City Clerk is directed to make a copy of this
ordinance continuously available for inspection by the general
public during normal business hours at the City Clerk's office from
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the date of adoption hereof through the date of the issuance of the
TIF Obligations.
9. The City Clerk, in collaboration with the City
Attorney, is authorized and directed to file immediately a
certified copy of this ordinance with the Circuit Court of the City
of Virginia Beach.
10. This ordinance shall be in full force and effect
~,.s-A- ~- passage on July 1, 1998.
Requires affirmative vote by a majority of City Council
members for adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 9th day of June , 1998.
99
100
101
102
CA-7047
ORDIN\NONCODE\MALL.ORD
R-1
PREPARED: JUNE 8, 1998
4
EXHIBIT A
The Lynnhaven Mall Shopping Center District is an area that is bounded by
Lynnhaven Parkway to the east, South Lynnhaven Road to the west, the intersection
of Lynnhaven Parkway and South Lynnhaven Road to the south, and Guardian Lane
along a drainage easement to South Lynnhaven Road to the north (a map with the
proposed district shaded is also attached).
Exhibit A
Item V-L.L
- 52 -
NEW BUSINESS
ITEM # 43688
BY CONSENSUS, City Council ACCEPTED:
ABSTRA CT OF LEGAL CASES RESOLVED - MA Y 1998
June 9, 1998
Rem ?-M.
- 53 -
ADJOURNMENT
ITEM#43689
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4.'35 P.M.
Chief Deputy City Clerk
~ CMC/AAE '
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
June ~ 1998