FEBRUARY 2, 1993 MINUTES
CitJr oî Virgi~ia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COU~CIL
\1 nOR \ŒHRA E OBERNDORr 41/..Jr !,.
vIe 1 \1 WOR WlLLIA \1 D ~L <;SOM<¡ JR AI LIT!:,
JOIl"- 4 B.\U\CI. Bla.lNa!... Borough
U\'\)¡OOD 0 BRANCH lll, \llr¡:lnla Beach &rou¡:1r
J HItS \\' BRAZIER JR. Lvnnho..n &rouglr
I<OB[RT W c.L rBUR.>.¡ Kernpn ,lie &rough
ROBf.RT K DEAl\. Pnncm Ann' Borough
1 OUtS R JONES Ba\Sld, Borough
P.WI J L1NTEIGNE Punl:" Rurough
lOll'! D \10~ At Lng.
\¡A\'C} J... PARKER, At Larg,
J -\ \-1E~ K SPORE. Clh Manager
l.F<,U[ L UUEY C,ty Attornr.
Hl1 II t!(){XÆS ~'v1ITH CMC AA£, Clt, Clerk
CITY COUNCIL AGENDA
281 ClIT HAU BUlWlNG
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 23456 9O0~
/8041 4274303
FEBRUARY 2, 1993
I.
CITY COUNCIL WORKSHOP
- Council Chamber -
9:00 AM
A.
CONSOLIDATION of SUPPORT SERVICES FOR CITY and SCHOOLS
David Grochmal, Director, General Services
B.
NEW CHALLENGES / NEW OPPORTUNITIES / NEW DIRECTIONS
WHITE PAPERS SUMMARY OF FIVE-YEAR BUDGET FORECAST OPTIONS
E. Dean Block, Director, Management and Budget
C.
PENDING ITEMS UPDATE
D.
FUTURE WORKSHOP AGENDA
II.
INFORMAL SESSION
- Council Chamber -
11:30 PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
C.
RECESS TO EXECUTIVE SESSION
D.
CERTlFICA1l0N OF EXECUTIVE SESSION
III.
CITY MANAGERIS BRIEFING
- Council Chamber -
12:30 PM
A.
SANDBRIDGE EASEMENT DEDICATIONS
Carl Thoren, Assistant Director, Public Works
Leslie L. Lilley, City Attorney
IV.
A.
FORMAL SESSION
- Council Chamber -
2:00 PM
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Rabbi Israel Zoberman
Congregation Beth Chaverim
c.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
MINUTES
1.
INFORMAL & FORMAL SESSIONS - January 26, 1993
F.
MA VORIS INTRODUCTION
CENTRAL REGION OF MOSCOW, RUSSIAN DELEGATION
G.
ORDINANCES
1.
Ordinance establishing the Tourism Growth and Investment Special Revenue Fund:
a.
APPROPRIATING and TRANSFERRING certain revenues to such fund;
b.
Establishing the Resort Area Advisory Committee as the Special Fund
Oversight Committee;
c.
Expanding the membership of RAAC and directing the amendment of its Bylaws;
d.
Establishing the TGIF Projects;
e.
Establishing revenues of the TGIF Special Revenue Fund; and,
1.
Directing the City Manager budget the receipt and expenditure of TGIF funds.
(Sponsored by Council Member Linwood O. Branch III)
2.
Ordinance to AMEND and REORDAIN Section 35-159, of the Code of the City of Virginia
Beach, Virginia, re extending the one-half cent tax levy on Hotel/Motel Room
LODGING from May 1, 1993, to May 1, 1997.
3.
Ordinance authorizing License Refunds in the amount of $5,472.25.
H.
RESOLUTIONS
1 .
Resolution to authorize expanding the scope of the Seatack project (2-984) to include
$12,000 for street light improvements in Phase liB.
(Sponsored by Council Members Branch, Brazier, Clyburn and Lanteigne)
I.
J.
K.
L.
2.
Resolution directing the Planning Commission study and forward its recommendation to
the City Council re a proposal to reclassify from -residential- to I'agricultural- property
in the vicinity of Wesleyan Drive, Diamond Springs Road and Newtown Road, owned
by MR. and MRS. JOHN G. WILLIAMS, SR. (BAYSIDE BOROUGH).
(Sponsored by Council Member Louis R. Jones)
DEFERRED: January 12, 1993
3.
Resolution directing City Staff study and provide recommendations re land use aspects
of horse racing tracks and off-track wagering facilities.
(Sponsored by Council Members Louis R. Jones and Paul J. Lanteigne)
4.
Resolutions expressing City Council's opposition and offering two amendments to Senate
Bill No.251 re condemnation of property for economic development.
(Sponsored by Council Members John D. Moss and Nancy K. Parker)
5.
Resolution urging passage by the Virginia General Assembly of the House Joint
Resolution re expanded medical screening of newborn infants.
(Sponsored by Council Members Nancy K. Parker and Robert W. Clyburn)
6.
Resolution referring to the Planning Commission proposed Amendments to Sections 101
and 104 of the Chesapeake Bay Preservation Area Ordinance re the inclusion of lands
within the Owl Creek Watershed. (Sponsored by Council Member Nancy K. Parker)
7.
Resolution referring to the Planning Commission a proposed Amendment to Section 1 05
of the City Zoning Ordinance re conversions of non-conforming uses.
APPOI NTM ENTS
COMMUNITY SERVICES BOARD
PARKS AND RECREATION COMMISSION
RESORT AREA ADVISORY COMMISSION
UNFINISHED BUSINESS
NEW BUSINESS
ADJOURNMENT
**********
SCHEDULE
FY 1993-1994 OPERATING BUDGET
TUESDAY, MARCH 30, 1993 12:00 NOON
(City Council Special Session)
Council Chamber
THURSDAY, APRIL 15, 1993
**PUBUC HEARING**
Green Run High School
7:00 PM
THURSDAY, APRIL 29, 1993
**PUBUC HEARING**
Princess Anne High School
7:00 PM
**********
If you are physically disabled, hearing or visually Impaired
and need assistance at this meeting,
please call the CITY CLERKIS OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM
1/28/93mlm/cmd
AGENDA\,2-2-93.itm
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 2, 1993
Mayor Meyera E. Oberndorf called to order the CITY COUNCIL WORK SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 2, 1993,
at 9:00 A.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne and
Mayor Meyera E. Oberndorf and Nancy K Parker
City Council Members Absent:
John D. Moss
(ENTERED: 10:00 A.M.)
Vice Mayor William D. Sessoms, Jr. (ENTERED: 11:00 A.M.)
-2-
CITY COUNCIL WORKSHOP
ITEM #I 36473
The following topics were discussed:
CONSOLIDATION OF SUPPORT SERVICES FOR CITY AND SCHOOLS
David Grochnul~ Director, General Services
NEW CHALLENGES/ NEW OPPORTUNITIES/ NEW DIRECTIONS
WHITE PAPERS SUMMARY OF FIVE-YEAR BUDGET FORECAST OPTIONS
E. Dean Block, Management and Budget
PENDING ITEMS UPDATE
FUTURE WORKSHOP AGENDA
February 2, 1993
-3-
ITEM II 36474
Mayor Meyera E. Obemdorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 2, 1993, at 11:50 A.M.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Linwood o. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor
WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 2, 1993
-4-
ITEM # 36475
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 purposes:
1.
ONN : Discussion or consideration of or interviews
of prospective candidate 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).
To- WIt:
Appointments - Boards and Commissions:
Community Services Board
Parks and Recreation Commission
Personnel Board
Resort Area Advisory Commission
Upon motion by VIce Mayor Sessoms, seconded by Councilman Clyburn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor
WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 2, 1993
-5-
~
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 36476
Mayor Oberndorf RECONVENED the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL for the purpose of CERTIFYING THE EXECUTIVE SESSION.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, 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:
9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Paul J. Lanteigne, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K Parker and Vice Mayor Wzlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean and Louis R. Jones
February 2, 1993
£1'6n utinu
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virglnla Beach Clty Councll convened lnto EXECUTIVE
SESSION, pursuant to the afflrmatlve vote recorded in ITEM II 36475,
Page No.4, and In accordance Wl th the prOVlSlons of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Vlrglnla requlres a
certification by the governlng body that such Executl ve Sesslon was
conducted In conformlty with Vlrglnla law.
NOW, THEREFORE, BE IT RESOLVED: That the Vlrglnla Beach Clty
Council hereby certlfles that, to the best of each member's knowledge,
(a) only publlc buslness matters lawfully exempted from Open Meetlng
requlrements by Vlrglnla law were dlscussed In Executl ve Sesslon to
whlch thls certlflcatlon resolutlon applles; and, (b) only such publlc
buslness matters as were ldentlfled In the motlon convenlng thls
Executl ve Sesslon were heard, dlscussed or consldered by Vlrglnla
Beach Clty Councll.
~~¿ ot?~?r ~
R h Hodges Smlth, CMC/AAE
Clty Clerk
February 2, 1993
-6-
C I T Y MAN AGE R 's B R I E FIN G
SANDBRIDGE EASEMENT DEDICATIONS
12:35 PM.
ITEM # 36477
Carl Thoren, Assistant Director - Public Works, referenced the proposed Federal Hu"icane and Storm
Damage Reduction Project for Sandbridge Beach. Mr. Thoren advised he would review the project scope
and its current status. Leslie L. Lilley, City Attorney, will discuss the easement agreements wherein the
Beach will be dedicated for public recreation use to the City of Virginia Beach.
Mr. Thoren, through the use of slides, displayed an aerial shot of the shoreline of Sandbridge Beach.
Sandbridge is a residential community containing approximately 1650 individual parcels. The project area
is approximately 5 miles long and encompasses 242 oceanfront lots platted into the ocean and therefore
claimed as private beach by the individual property owners. Mr. Thoren displayed a photograph showing
the 3600 block of Sandfuldler Road between Seascape Road to the right and White Cape Lane to the
left. The location and orientation of Sandbridge have rendered the area susceptible to damages associated
with coastal storms and northeasters.
The major storms recorded are the Hu"icane of August 1933 and the Ash Wednesday Storm of March
1962. Recent storms, while relatively minor, have produced damages ranging from loss of residential
structures to the loss of infrastructures, primarily damage to public streets. There is a serious concern that
a breach of Sandbridge could result in environmental degradation to Back Bay. Several other slides taken
during the Halloween Storm of 1991 depict the impact of the storm on the shoreline. A slide taken in
1962 depicts an example of conditions present after portions of the project area were restored under
Emergency Provisions of Public Law 81-875 pursuant to a Presidential Disaster Declaration following
the Ash Wednesday Storm. According to the Corps of Engineers' records approximately 262,000 cubic
yards of sand was placed on the beach as a part of the Ash Wednesday Storm restoration. However, that
was limited to an approximate 2-mile area. The project presently under discussion covers the whole reach
of Sandbridge, approximately 5 miles form Dam Neck Fleet Combat Training Center to Back Bay National
Wildlife Refuge. According to the Corps' estimates a reoccurrence of the 1962 storm would cause damages
estimated at approximately $15-MILLION in October 1991 price levels. The Corps of Engineers has
examined the feasibility of a long term plan for hurricane and stormwater damage reduction under
authority of the Water Resources Development Act of 1974 and determined that a Federal interest exists
in participating in such a project. Naturally for any Federal Corps of Engineers' project, is the
requirement for a local cost-sharing sponsor. By resolution dated August 7, 1990, the Council of the City
of Virginia Beach agreed to be the sponsor for the Corps of Engineers' Beach Nourishment Project at
Sandbridge. The Corps of Engineers completed the Beach Feasibüity Study in June 1992.
The report examined a number of non -structural and structural alternatives during the process leading
to the development of the National Economic Development Plan (NED Plan). The recommended Plan
includes Federal participation in the initial construction and periodic nourishment of a Beach berm fifty
feet wide at elevation 6 feet NGVD with a foreshore slope of 1:20 for a distance of approximately 5 miles
from the Dam Neck Training Center to the Back Bay National Wildlife Refuge. Sketch of the plan was
distributed to City Council and is hereby made a part of the record. The project includes several features:
a beach which would range form 130 to 210 feet wide depending on the tide, an initial placement of
972,000 cubic yards of beach quality sand at a total estimated cost of $8.9-MILLION (of which the
City's Share would be $3.1-MILUON or 35%). The Corps of Engineers would participate in the
periodic nourishment for a period of fifty years. Nourishment is currently estimated at 500,000 cubic yards
of beach quality sand every two years at an estimated cost of $5.2-MILLION with the City's share being
$1.8-MILLION every two years. This would be necessary to maintain the design cross section. Material
for the construction and periodic nourishment of this project would come from offshore. Approximately
3 miles offshore is a zone of beach quality material which has been identified and will be dredged and
pumped onto the beach. Cost sharing would be at the ratio of 65% Federal and 35% City. The project
is designed to provide approximately $3.8-MILLION in average annual benefits. Recreation benefits are
captured in the increased value of this property.
February 2, 1993
-7-
C I T Y MAN AGE R 's B R I E FIN G
SANDBRIDGE EASEMENT DEDICATIONS
ITEM #I 36477(Continued)
The project produces a benefit cost ratio of 1.2. The net remaining benefits are $736,000 annually. This
project was included in the Water Resources Development Act of 1992. This authorized the project for
construction. The authorization does not include an appropriation for funding of additional study effort
by the Corps or for construction. Any additional efforts beginning with preconstruction engineering and
design refe"ed to as PED, cannot begin until Congress appropriates funds. The Norfolk District, which
is doing this work, has indicated a capability to initiate the necessary planning, engineering and design
studies in fiscal year 1994, which begins October First of this year should funding become available. If
the City is successful in obtaining dedication of a public beach easement, it probably should attempt to
have Federal funds reprogrammed to allow the Corps to continue work beginning in fiscal 1994. If the
Corps is funded in FY 1994 through a reprogramming effort, it is currently their estimate that construction
could commence in the Spring of 1996. The City must provide certain items of local cooperation. The
Corps has completed its review and provided comments on the Draft Dedication of PubUc Recreation and
Construction Agreements which will be utilized to secure the necessary easements from the oceanfront
property owners.
Leslie L. Lilley, City Attorney, addressed the proposed Sandbridge PubUc Recreation Easement
Agreement and Proposed Construction Easement Agreement. Sample copies and ~'Ummation were
distributed to Members of City Council. Mr. Lilley advised the Sandbridge Properties Association, the
United States Army Corps of Engineers and the City Staff have reached agreement on the provisions of
the proposed easements.
The purpose of the easement is to provide for outdoor recreational use
of the beach at Sandbridge by the general public.
The consideration for the easement is the City ~ effort to implement a
storm datnllge protection, hu"icane protection and/or sand
replenishment project.
The easement will include all property east, i.e., seaward, of an
"Easement line" which will be established:
On properties with bulkheads, generally in a north to south
alignment contiguous to, or seaward of, the exposed exterior
surface of each individual existing bulkhead; and,
On properties without bulkheads, the line will be established no
further landward than the face of the most landward bulkhead
nearest the lot, whether to the north or south (lines 28-35).
The easement will "vest", i.e, title will convey to the City:
Upon the City or State entering into a "Local Cooperation
Agreement with the United Sates Army Corps of Engineers" for
any storm damage protection, hurricane protection and/or sand
replenishment projects; or,
Upon the issuance of a "notice to proceed" to a selected
contractor for any non -federally funded storm damage
protection, hu"icane protection and/or sand replenishment
project.
Once vested, the easement granted will be perpetual, i. e, pertnllnent.
Mr. Lilley further advised the indemnity provisions upon vesting, rights retained by the IIlndowner and
additional statements of intent. Said information is hereby made a part of the record.
February 2, 1993
-8-
C I T Y MAN AGE R 's B R I E FIN G
SANDBRIDGE EASEMENT DEDICATIONS
ITEM 1# 36477(Continued)
VIrtually all of the provisions, as well as the location of the Construction Easement Agreement are
identical to and contained in the Public Recreation Easement Agreement with the following exceptions
and additions:
The purpose of the Construction Easement is to grant to the City and its
assigns a perpetual easement to enter upon, occupy and use the surface
and subsurface of the easement as follows:
To design, survey, engineer, construct or maintain a storm
damage protection or similar project.
To place dredged or excavated material upon any portion to
that easement.
Ingress and egress for contractors, machinery and vehicles in
the design, survey, engineering or construction or maintenance
of a project.
To temporarily construct, erect or place any structures as may
be necessary to implement any Project, and to remove same
within a reasonable time upon completion.
Mr. Lilley expressed appreciation to George Owens, President Oceanfront Property Owners Association,
their Attorney Edward Bourdon, the Army Corps of Engineers and Carl Thoren.
Mr. Thoren advised there are approximately 40 plus or minus public access points to the beach and the
City, through the Department of General Services, is committed to maintaining those. Individual access
from property owners is not open to the general public.
This item will be SCHEDULED for the City Council Session of February 9, 1993.
February 2, 1993
-9-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
February 2, 1993
2:00 PM.
Mayor Meyera E. Obemdorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 2, 1993, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D.
Sessoms, Jr.
Council Members Absent:
Louis R. Jones
(ENTERED: Formal Session at 2:30 P.M.)
INVOCATION:
Rabbi Israel Zoberman
Congregation Beth Chaverim
PL
February 2, 1993
- 10 -
~
MINUTES
ITEM' 36478
Upon motion by nce Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of January 26, 1993.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and nce Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
February 2, 1993
- 11 -
~
MAYOR'S INTRODUCTION
ITEM # 36479
CENTRAL REGION OF MOSCOw, RUSSIAN DELEGATION
Mayor Obemdorf introduced the volunteers of the SISTER CITIES ORGANIZATION:
B.H. "Pat" Bridges
Colonel Angel Morales
Clulrles Krummel
Ian Goodwin
Nancy Creech
Mayor Obemdorf recognized and expressed appreciation and honor for the visit of the Russwn
Delegation from Moscow who have expressed an interest in a Sister City relationship.
Ian Goodwin introduced the members:
Ann Rolbin - Translator
Alexander Bobichev
VIce Mayor - Central Region of Moscow
Boris Zaklulrov
Chief of Police
Vladimir Slepak
Chief Inspector of Police
Valerii Kazunin
Chief Liaison
February 2, 1993
- 12 -
Item IY-G.l~
ORDINANCES
ITEM # 36480
Upon motion by Councilman Branch, seconded by VIce Mayor Sessoms, City Council ADOPTED, AS
AMENDED. :
Ordinance establishing the Tourism Growth and Investment Specitd
Revenue Fund:
APPROPRIATING and TRANSFERRING certain revenues to such fund;
Establishing the Resort Area Advisory Committee as the
Special Fund Oversight Committee;
Expanding the membership of RAAC and directing the
amendment of its Bylaws;
Establishing the TGIF Projects;
Establishing
revenues
of
the
TGIF
Special
Revenue
Fund;
and,
Directing the City Manager budget the receipt and expenditure
of TGIF funds.
.The word "periodic" before the word "updates" on line 76 shall be
changed to "quarterly".
Voting:
9-1
Council Members Voting Aye:
John A. Bawn, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Paul J. Lanteigne, John D. Moss,. Mayor Meyera E.
Oberndorf,. Nancy K Parker. and VIce Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
Robert K Dean
Council Members Absent:
Louis R. Jones
.Mayor Obemdorf and Council Members Moss and Parker voted NAY on Section 5., page 3 (Revenues
derived from the levy of the admissions tax on participatory sports, effective January 1, 1993, and
revenues derived from all other admissions taxes, effective July 1, 1993;")
February 2, 1993
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Requested by Councilman Linwood o. Branch, III
AN ORDINANCE ESTABLISHING THE TOURISM GROWTH
AND INVESTMENT SPECIAL REVENUE FUND,
TRANSFERRING AND APPROPRIATING CERTAIN
REVENUES TO SUCH FUND, DIRECTING THE CITY
MANAGER TO BUDGET THE RECEIPT AND EXPENDITURE
OF TGIF FUNDS, ESTABLISHING THE RESORT AREA
ADVI SORY COMMITTEE AS THE SPECIAL FUND
OVERSIGHT COMMITTEE, EXPANDING THE MEMBERSHIP
OF RAAC AND DIRECTING THE AMENDMENT OF ITS
BYLAWS, ESTABLISHING REVENUES OF THE TGIF
SPECIAL REVENUE FUND, AND ESTABLISHING THE
TGIF PROJECTS
WHEREAS, the City council has approved the Tourism Growth
and Investment Program ("Program") in the Fiscal Year 92/93-98/99
CIP,
including revenues and proj ects,
and recognizes that such
Program and funding may be modified in future years;
WHEREAS, the City Council desires that the Program be
budgeted and financially reported in such manner as to permit the
separate display of Program financing and status; and
WHEREAS, the City Council will establish an oversight
committee and desires such committee to receive information and
provide advice to the Council from time to time;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the following policies are established:
1.
That the City Manager will cause to be established
a Tourism Growth and Investment Special Revenue
Fund (the "Special Revenue Fund") to account for
revenues
and
expenditures,
including
inter-fund
transfers
related
the
All
funds
to
Program.
received that are related to the Special Revenue
Fund
appropriated,
and
shall
be
annually
transferred from the general fund to the special
Revenue Fund on a monthly basis in accordance with
appropriate
accounting
governmental
procedures.
Funds
appropriated
and
shall
be
annually
transferred monthly from the Special Revenue Fund
to the Debt Service and/or Capital Projects Fund.
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When there are multiple capital proj ect funding
sources, special Revenue Fund funds will be assumed
to be the first dollars spent.
2.
That as to the two revenue sources of the Special
Revenue Fund which were effective January 1, 1993,
i.e., one-half cent (~Ç) of the five and one-half
(5~Ç) hotel room tax, and revenues derived from the
admissions tax on participatory sports, and whose
revenues have not been appropriated,
such funds
received between January 1 and June 30, 1993, shall
be received into the general fund and are hereby
transferred to and appropriated for the purposes of
the Special Revenue Fund.
3.
That beginning July 1, 1993, the City Manager will
cause the Special Revenue Fund to be budgeted in
the operating budget, and will cause a display of
an overall summary of the Program and the current
and
projected
of
the
financing
activities
and
Special Revenue Fund,
as well as project detail
sheets,
included
in
future
capital
to
be
improvement programs.
4.
That
responsibilities
Area
the
the
of
Resort
Advisory Commission ("RAAC") are hereby expanded to
include oversight of the Special Revenue Fund.
5.
That it is the intent of Council that the Special
Revenue
Fund
utilized
for
capital
projects
be
specifically designated by Council to promote and
increase
tourist visitation
and to
improve the
quality of life for the residents of this city.
It
is the further intent of Council that the integrity
of the special Revenue Fund be maintained.
Changes
by Council will be made in consultation with the
City Manager and the oversight committee.
Final
authority for current and future appropriations to
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93
94
95
96
97
98
99
100
101
102
103
104
105
106
the Fund and the projects rests exclusively with
the City Council.
6. That the city Manager shall provide the RAAC with
quarterly updates on the Fund and projects,
beginning June 1, 1993.
The RAAC shall make annual
recommendations to the city Manager regarding the
TGIF section of the CIP and make an annual report
to Council regarding the Special Revenue Fund and
TGIF projects.
7.
That the RAAC shall be expanded to include up to,
but not more than, eighteen (18) members, and that
the by-laws of the RAAC shall be amended consistent
with the provisions of this Ordinance.
BE IT FURTHER ORDAINED:
Subject to annual appropriations, the following revenue
sources will be used to pay the costs of the TGIF Program and are
in addition to those TGIF costs directly paid from the revenues of
the Virginia Marine Science Museum,
parking,
golf course,
and
amphitheater (if and as established) enterprise funds:
1.
One-half cent
(~Ç)
of a total five and one-half
cents
(5~Ç) hotel room tax, effective January 1,
1993, and two cents (2Ç) of a total five and one-
half cents (5~Ç) hotel room tax, effective July 1,
1993;
2.
One half cent
(~ç)
of a total four and one-half
cents (4~Ç) restaurant meal tax, effective July 1,
1993;
3.
Reallocation
provided
the
funding
to
of
now
Oceanfront Events Program up to $200,000 per year;
4.
Fees derived from Resort Area franchises;
5.
Revenues derived from the levy of the admissions
tax on participatory sports, effective January 1,
1993,
and
derived
from
all
other
revenues
admissions taxes, effective July 1, 1993;
3
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
6.
Virginia
revenues
in
Marine
science
net
Museum
excess
of
operations,
maintenance,
costs
of
depreciation, debt service,
indirect support, and
renewal and replacement;
7.
Golf
derived
of
city
net
from
course
revenues
Virginia Beach courses (whether owned or leased) in
excess
of
operations,
maintenance,
costs
of
depreciation,
indirect
support,
renewal
and
replacement, and debt service;
8.
Revenues from the proposed amphitheater in excess
of
operations
costs,
maintenance
all
and
9.
depreciation, debt . and return City
serVl.ce, on
investment;
Parking fees from City-owned, leased, or managed
lots
in
excess
and
meters
the
of
costs
of
operations,
maintenance,
depreciation,
indirect
support, renewal and replacement, and debt service;
and
10.
Fines from parking tickets.
BE IT FURTHER ORDAINED:
That the following capital projects are those initially
established as the Tourism Growth and Investment Program and shall
be the only activities authorized under the Program unless and
until modified or amended by City Council as a part of the CIP or
operating budget deliberations:
Virginia Marine Science Museum Expansion;
1.
2.
Convention Center - The City Manager will undertake
a site and,
feasibility study with
as necessary,
regard to conference/convention facilities prior to
engaging in design or construction activities and
present such report to Council for action;
3.
Golf Courses;
4.
Amphitheater;
5.
31st Street and Gateway Corridor Improvements;
6.
24th street Park Improvements;
4
142
143
144
145
146
147
148
149
150
151
7.
Existing streets cape Project, including Sidestreets
and Connector Parks;
8.
Rudee Walk; and
9.
Resort Area Parking Replacement.
Adopted by the Council of the city of Virginia Beach,
Virginia, on the
day of
February
, 1993.
?
CA-4880
ORDIN\NONCODE\TOURISM.ORD
R-5
PREPARED: 02/03/93
5
- 13 -
Item IY - G. 2.
ORDINANCES
ITEM # 36481
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 35 -159, of the Code of
the City of Virginia Beach, Virginia, re extending the one-half cent tax
levy on Hotel/Motel Room LODGING from May 1, 1993, to May 1,
1997.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wzlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
February 2, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
1
2
3
4
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-159 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO TAXATION
5
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
6
BEACH, VIRGINIA:
7
That section 35-159 of the Code of the City of Virginia
8
Beach,
Virginia,
is hereby amended and reordained to read as
9
follows:
section 35-159.
Levied; amount.
There is hereby levied and imposed on each transient a
tax equivalent to
five and one-half (5.5) percent of the total
amount paid for lodging, by or for any such transient, to any
hotel.
This tax rate is effective January 1,
1993.
and sha 11
remain in effect until May 1.
1997. at which time it shall be
~uced--by one-~(0.5) percent.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2nd
day of
February
, 1993.
CA-4991
ORDIN\NONCODE\35-159.PRO
R-1
PREPARED: 01/19/93
4}4~
Çr yy:? -
\ '
I..
- ~ 1
-
l
c:: = .
...t'..>
c
-14 -
Item IY-G.3.
ORDINANCES
ITEM # 36482
Upon motion by Vìce Mayor Sessoms, seconded by Councilman Lanteigne, City Council ADOPTED:
Ordinance authorizing license refunds in the amount of $5,472.25 upon
application of certain persons and upon Certification of the
Commissioner of the Revenue.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vìce Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
February 2, 1993
FORM NO C A 8 REV 3186
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
Revenue are hereby approved
That the following applications for license refunds, upon certification of the Commissioner of the
NAME
Total
License
Year
Date
Paid
Base
Penalty
Int
Cliffs Quality Tlle Inc.
T/A Cliffs Quality Tlle
119 Battlefleld Blvd. S.
Chesapeake, VA 23320
Commercial Group Inc.
21 Yardleys Grant
Williamsburg, VA 23185
Dumas, Andre J.
T/A Freedom Marketing
520 Rodney Road
Virginia Beach, VA 23464
1990
Audit
47.21
47.21
1990-91
Audit
73.94
73.94
1989-91
Audit
30.00
30.00
Certified as to Payment
"/ ~
-;ø:~?/ / ~-
f (--------Robert P Vaughar¿
CommiSSioner of the Revenue
Approved as to form
~c7~-
L sl;e- L Lilley - - -l..
City Attorney
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 151. 15
of the City of Virginia Beach on the
were approved by the Council
2nd day of February
~3
I 19
Ruth Hodges Smith
City Clerk
FORM NO C A. 8 REV 3186
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
Year Paid
Interstate Cash Reg~ster Inc.
1209 Baker Road #305-306 1990-92 Audit
Virginia Beach, VA 23455
Base
Penalty
Int
Total
3,169.31
3,169.31
J A Walder, Inc.
P.O. Box 2047 Rt. 612
Ashland, VA 23005
1989-92
Audit
129.72
129.72
Koszar~tz, ErlC H. & Michael Russell
T/A Oneal Builders 1991
5943 Clear Sprlngs Road
Virginia Beach, VA 23464
Audit
16.80
16.80
Certified as to Payment
~- ./ ~
---- ~-
/' ~~~~-
L_~obert P Vaugha'1~
Commissioner of the Revenue
Approved as to form
~ äé.~
Leslie L Lilley I
City Attorney::'"
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 3.315.83
'"
were approved by the Council
of the City of Virginia Beach on the
2nd day of February
, 19
93
Ruth Hodges Smith
City Clerk
FORM NO C A 8 REV 3186
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
Total
license
Year
Date
Paid
Base
Penalty
Int
Lawrence, Edwln H. & Janice R.
T/A E & J Interlor Trim 1990-91
757 Abbey Drive
Vlrglnia Beach, VA 23455
Lee, Kelth R. & Karen H. 1990-91
T/A K & K Acoustlca1 Ceillng Co.
2062 Salem Road
Vlrginia Beach, VA 23456
S & K Famous Brands Inc. #33
T/A S & K Price Menswear Outlet
P.O. Box 31800 1992
Rlchmond, VA 23294
Walls, Stephen D.
T/A S & K Inter Ports
1605 Hedgerow Drlve
Virginla Beach, VA 23455
1990-91
This ordinance shall be effective from date of
adoption
The above abatement( s) totaling $ 621. 42
of the City of Virginia Beach on the
2nd
day of ~ruary
were approved by the Council
I 19 93
Ruth Hodges Smith
City Clerk
Audit
12.77
Audit
20.00
Audit
558.65
Audit
30.00
/
/
(
Certified as to Payment
,
;;¿¿~ / ¿ß£:/-
- Robert P Vaughár(
CommissIoner of the Revenue
Approved as to form
~~
' -c)7~
Les Ie Lilley I
City Attorney
12.77
20.00
558.65
30.00
FORM NO C A. 8 REV 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved
NAME License Date Base Penalty Int Total
Year Paid
Gray, Bobby & Robert Hagerman
T/A B & H Electrical Company
P.o. Box 65188 1989-91 Audit 14.00 14.00
Virglnia Beach, VA 23464
Greunke & Co. Inc. 1991-92 Audit 1,311.66 1,311.66
18 Koger Center #220
Norfolk, VA 23502
High Ten Constructlon Inc. 1989-91 Audit 58.19 58.19
15123 Hooper Road
Greenwell Spring, LA 70739
Certified as to Payment
-~- - .....--- ""
~ / --), V /'
/~ .-r ... -.Y - ,-
/" _4~ -
C - Áobert P Vaughan / /
Commissioner of t~e Revenue
Approved as to form
/'
/
Leslie L Lilley
City Attorney
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 1,383.85
were approved by the Council
of the City of Virginia Beach on the
2ud day of ---.F.ebruary
,19 93
Ruth Hodges Smith
City Clerk
-15 -
IJJ:.m...JYdLL
RESOLUTIONS
ITEM II 36483
Upon motion by Councilman Brazier, seconded by Councilman Lanteigne, City Council ADOPTED:
Resolution to authorize expanding the scope o/the Seatack project (2-
984) to include $12,000 for street light improvements in Phase lIB.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
February 2, 1993
10
11
12
13
14
15
16
17
18
19
20
21
1
2
3
A RESOLUTION TO ALLOW THE FUNDING OF
IMPROVED STREET LIGHTING FOR THE SEATACK AREA
FROM PROJECT 2-984 SEATACK STREETS-PHASE lIB
4
WHEREAS, during the development of the Seatack Streets-Phase
5
lIB project (CIP 2-984), street light improvements in the area
6
were not included due to limited funding;
7
WHEREAS, during a recent meeting with city officials,
8
residents of the area requested improved street lighting to help
9
deter illegal activities at night;
WHEREAS, the cost of the street lighting is estimated at
$12,000 and, based on the latest evaluation of project costs,
sufficient funds are available in the project account to pay for
the additional improvement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA: That the costs of improved
street lighting for the Seatack area be funded from project 2-984
Seatack Street-Phase lIB.
This resolution shall be effective on the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the
day of Fp-hr11::try
, 1993.
2nd
R?PR~)VED AS TO
- 16 -
~
RESOLUTIONS
ITEM # 36484
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Resolution directing the Planning Commission study and forward its
recommendation to the City Council re a proposal to reclassify from
"residential" to "agricultural" property in the vicinity of Wesleyan Drive,
Diamond Springs Road and Newtown Road, owned by MR. and
MRS. JOHN G. WILliAMS, SR. (BAYSIDE BOROUGH).
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 2, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Requested by Councilman Louis Jones
1
2
3
4
5
6
7
8
A RESOLUTION DIRECTING THE PLANNING
COMMISSION TO STUDY AND FORWARD ITS
RECOMMENDATION TO THE CITY COUNCIL
CONCERNING A PROPOSAL TO RECLASSIFY
CERTAIN PROPERTY OWNED BY MR. AND
MRS. JOHN G. WILLIAMS, SR., FROM
RESIDENTIAL TO AGRICULTURAL
CLASSIFICATIONS
9
WHEREAS, Mr. and Mrs. John G. Williams, Sr., have been
the owners for several years of the following parcels of land in
the
Bayside
identified
GPIN
numbers:
Borough
by
these
as
14688236320000,14684485040000, 14684436330000, 14683521410000; and
WHEREAS, the land has been under cultivation for that
entire time; and
WHEREAS,
all
properties
for
have
four
been
zoned
residential use since the inception of the Princess Anne County
Zoning Ordinance; and
WHEREAS, the zoning on the land allows for more intense
uses than those historically present on the site and this disparity
creates a hardship for a property owner interested in keeping his
land in cultivation; and
WHEREAS, the City Council believes that a reclassifica-
tion
agricultural
classification
of
the
land
to
may
be
an
consistent with good planning practices.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Planning Commission
is hereby requested to
review
zoning
properties
the
these
of
and
to
recommend
an
appropriate rezoning or other course of action to the City Council.
The Planning Commission is further requested to forward its
32
33
34
35
36
37
38
39
recommendation to the City Council within
of the adoption of this Resolution.
days of the date
DAY OF
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, ON THIS
2nd
Fehrn;:¡ry
CA-4957
ORDIN\NONCODE\WILLIAMS.RES
R-1
PREPARED: 12/17/92
2
, 1993.
...\PPROVED AS TO co~rrr: ~ 1 ~
~
SIGNATURE
1 [l.-IVA'~ I -, -1~
L_- DEPA TMENT -
I( APPROVED AS TO FORM
SIGN
CITY ATTORNEY
- 17-
~
RESOLUTIONS
ITEM 1# 36485
Upon motion by Councilman Jones, seconded by Councilman Lanteigne, City Council ADOPTED:
Resolution directing City Staff study and provide recommendations re
land use aspects of horse racing tracks and off-track wagering faciUties.
Recommendations shall be provided to City Council by April 1, 1993.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 2, 1993
10
11
12
13
14
15
16
17
18
19
20
21
Requested by Councilmembers Louis R. Jones and Paul J. Lanteigne
1
2
3
4
A RESOLUTION DIRECTING THE CITY STAFF TO STUDY
AND PROVIDE RECOMMENDATIONS CONCERNING THE
LAND USE ASPECTS OF HORSE RACING TRACKS AND
OFF-TRACK WAGERING FACILITIES
5
WHEREAS, in November of 1992, a referendum question concerning
6
horse racing tracks and off-track wagering facilities was approved
7
by the voters of the City;
8
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9
VIRGINIA:
That the City Staff be, and hereby is, directed to study the
land use issues relevant to the establishment of a horse racing
track and off-track wagering facilities and to provide to the City
Council its report and recommendations, including, if appropriate,
proposed
amendments
City
the
Zoning
Ordinance
and
to
the
Comprehensive Plan, by no later than
.
Adopted by the city Council of the City of Virginia
Beach, Virginia, on the
day of
February
, 1993.
2nd
CA-92-4964
\wmordres\track.res
R-3
1-12-93
-18 -
~
RESOLUTIONS
ITEM # 36486
The following registered in SUPPORT of the Resolution:
Beverly A. Woodhouse, 448 North Oceana Boulevard, Phone: 428-8152
Issac Herbert, 1264 Tim Road, represented Burton Station Civic League
Reverend Jerome C. Ross, 310 West Birdneck Road, Phone: 422-5048
Ernest L. Benson, Sr., 2945 Queen City Road, Phone: 420-4137, represented the Queen City Civic
League
E. George Minns, President - NAACp, Post Office Box 4548
Mary E. Smith, 1321 Reedtown Road, Phone: 363-8144, represented the Reedtown Civic League
Upon motion by Councilman Moss, seconded by Councilman Dean, City Council ADOPTED, AS
AMENDED. :
Resolutions expressing City Council's opposition and off~ring two
tmI~II.'fI~lIts to Senate Bill No. 251 re condemnation of property for
economic development.
.Lines 27 through 45 encompassing the two amendments shall be DELETED.
Voting:
6-5
Council Members Voting Aye:
James W. Brazier, Jr., Robert K Dean, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf and Nancy K Parker
Council Members Voting Nay:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R.
Jones and VIce Mayor WIlliam D. Sessoms, Jr.
Council Members Absent:
None
February 2, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
Requested by Councilman John D. Moss & Councilwoman Nancy K. Parker
1
2
3
4
A RESOLUTION EXPRESSING CITY
COUNCIL'S OPPOSITION TO SENATE BILL
NO. 251 PERTAINING TO CONDEMNATION
OF PROPERTY FOR ECONOMIC DEVELOPMENT
5
WHEREAS,
the Senate Courts of
on January 21,
1993,
6
Justice Committee passed Senate Bill No. 251 (the "Bill") which
7
would amend the Code of Virginia by adding a new § 15.1-898.1
8
pertaining to condemnation of property for economic development;
9
WHEREAS, the Bill is currently scheduled for a vote on
the floor of the General Assembly on January 26, 1993, or shortly
thereafter;
WHEREAS, the Bill, if adopted, will grant cities having
a
population
more
acquire,
of
the
to
by
350,000
power
or
condemnation, property for "public use" which is defined therein as
economic development necessary for the public welfare of certain
designated areas;
WHEREAS,
locally,
public
expressed
the
general
has
considerable concern about the city of Virginia Beach being granted
the power of condemnation for this purpose; and
WHEREAS, no public hearings have been held to determine
the sense of the public with respect to the specific provisions of
Senate Bill No. 251.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby expresses its opposition to the
adoption of Senate Bill No. 251.
BE IT FURTHER RESOLVED:
That
City
is
a
directed
the
Clerk
hereby
send
to
certified copy of this Resolution to each of the members of the
City's local delegation to the General Assembly.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
day of
FehruAry
, 1993.
2nd
CA-4999
ORDIN\NONCODE\SB251.RES
R-3
PREPARED: 02/03/93
- 19 -
~
RESOLUTIONS
ITEM 1# 36487
Wendy WIlliams, Kempsville Middle School - 860 Churchill Drive, Phone: 467-0685, representing the
students form Mrs. Stamm's Class at Kempsville Middle School. The Class has formed TEAM A.1M
because they are against infant mortality. Miss Wzlliams' statement is hereby made a part of the record.
Michelle Piccioni, Kempsville Middle School - 860 Churchill Drive, Phone: 467-8729, representing the
students from Mrs. Stamm's Class at Kempsville Middle School. Miss Piccioni's statement is hereby made
a part of the record.
Council Lady Parker recognized Mrs. Stamm and members of her class in attendance.
Upon motion by Councilman Clyburn, seconded by Council Lady Parker, City Council ADOPTED:
Resolution urging passage by the VIrginia General Assembly of the
House Joint Resolution re expanded medical screening of newborn
infants.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor
WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 2, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Requested by Councilmembers Nancy Parker and Robert Clyburn
1
2
3
4
5
A RESOLUTION URGING PASSAGE BY THE
VIRGINIA GENERAL ASSEMBLY OF THE
HOUSE JOINT RESOLUTION PERTAINING TO
EXPANDED MEDICAL SCREENING OF
NEWBORN INFANTS
6
Virginia
of
requires
medical
screening
law
the
WHEREAS,
7
newborn infants for various metabolic disorders in order to prevent
8
mental retardation, permanent disability, or death;
9
such screening does not include testing for the
WHEREAS,
genetic
disease
CoA
dehydrogenase
(medium
chain
acyl
MCAD
deficiency) which is believed to account for the deaths of many
infants each year, but is frequently undetected or misdiagnosed;
WHEREAS,
if
can
be
in
timely
detected
MCAD,
a
manner,
successfully treated by medication and prescribed diet; and
WHEREAS, students of Kempsville Middle School embarked upon a
campaign to increase public awareness of MCAD, including writing
letters
Legislature,
both
speaking
to
members
of
the
to
professional and lay audiences and passing out educational flyers,
and initiated the drafting of a proposed House Joint Resolution
directing
Virginia
the
Department
of
Health
to
study
the
feasibility of expanding the State-wide screening of newborns to
include tests for additional metabolic disorders, including MCAD.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That City Council hereby recognizes and commends the students
of Kempsville Middle School and their guiding faculty members for
their demonstrated human concern and initiative in bringing MCAD to
the attention of our legislators and the general public;
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That City Council hereby strongly supports and urges passage
33
by the General Assembly of the House Joint Resolution requesting
the Department of Health to consider the expansion of required
34
medical screening tests for newborns.
35
36
37
38
39
40
Adopted
by
council
the
Virginia, on the
of
the
2nd
day of February
CA-5002
ORDIN\NONCODE\MCAD.RES
R-1
PREPARED: January 27, 1993
2
City
, 1993.
of
Virginia
Beach,
- 20-
~
RESOLUTIONS
ITEM 1# 36488
Upon motion by Council Lady Parker, seconded by Councilman Moss, City Council DEFERRED until
the City Council Session of February 9, 1993:
Resolution referring to the Planning Commission proposed Amendments
to Sections 101 and 104 of the CheSilpeake Bay Preservation Area
Ordinance re the inclusion of lands within the Owl Creek Watershed.
(Sponsored by Council Member Nancy K Parker)
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor
WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 2, 1993
- 21 -
~
RESOLUTIONS
ITEM # 36489
Upon motion by Councilman Moss, seconded by VIce Mayor Sessoms, City Council ADOPTED:
Resolution refe"ing to the Planning Commission a proposed Amendment
to Section 105 of the City Zoning OrdilUlllce re conversions of non-
conforming uses.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor
WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 2, 1993
10
11
12
13
14
15
16
17
1
2
3
4
A RESOLUTION REFERRING TO THE PLANNING
COMMISSION A PROPOSED AMENDMENT TO SECTION 105
OF THE CITY ZONING ORDINANCE, PERTAINING TO
CONVERSIONS OF NONCONFORMING USES
5
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
6
BEACH, VIRGINIA:
7
That there is hereby referred to the Planning Commission,
8
for its consideration and recommendation, a proposed amendment to
9
section 105 of the City Zoning Ordinance, pertaining to conversions
of nonconforming uses.
A true copy of such proposed amendment is
hereto attached.
Adopted by the City Council of the City of Virginia
Beach, Virginia, on the
day of
February
, 1993.
2nd
CA-92-4965
\wmordres\ncuse.res
R-1
12-28-92
1
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15
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APPROVS::C AS T()
LEGAL C,.y: r~'¡ " ;'-:1\', t::' f
~
"
I
,
~.
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 105 OF THE CITY ZONING
ORDINANCE, PERTAINING TO CONVERSIONS
OF NONCONFORMING USES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That section 105 of the City Zoning Ordinance, pertaining to
conversions of nonconforming uses, be, and hereby is, amended and
reordained, and shall read as follows:
section 105.
Nonconformity.
(a)
Any otherwise lawful use, structure, or condition of use
which existed in conformity to all applicable zoning provisions
before this ordinance was adopted or amended but which does not
conform to the provisions of this ordinance as a result of its
adoption or amendment shall be deemed a nonconformity.
Any lot or
use or structure situated on a lot which, due to council action in
granting a conditional use permit or rezoning, does not meet the
minimum dimensional or area requirements of the district in which
it is located shall also be deemed a nonconformity.
(b)
It is the intent of this ordinance to allow
Intent.
nonconformities to continue until they are removed,
bu t not to
allow them to become enlarged,
expanded,
extended,
or relocated
except upon resolution of city council as provided for in this
section,
and not to allow them to be used as grounds for adding
other
prohibited
same
in
structures
elsewhere
the
or
uses
district.
(c)
continuation.
A nonconformity may continue provided that
28
it remains otherwise lawful, subject to the provisions set forth in
29
this
no nonconformi ty sha 11
if
it
continue
section.
However,
30
ceases for any reason for a period of more than two (2) years.
31
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36
37
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42
43
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45
46
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48
49
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(d)
Enlargement
extension
No
nonconformity.
of
or
nonconforming
increased
in
No
magnitude.
be
shall
use
nonconforming use shall be enlarged or extended to cover a greater
land area than was occupied by the nonconformity on the effective
date of this ordinance or amendment thereto.
No nonconforming use
shall be moved in whole or in part to any other portion of the lot,
parcel,
or structure not occupied by the nonconformity on the
effecti ve date of this ordinance or amendment thereto,
and no
nonconforming structure shall be moved at all except to come into
compliance wi th the terms of this ordinance.
No nonconforming
structure
shall
or
be
enlarged,
reconstructed,
extended,
structurally
if
is
to
increase
the
altered,
effect
the
nonconformity.
As an exception to the above,
any condition of
development
prohibited
may
this
section
permitted
by
be
by
resolution of the city council based upon its finding that the
proposed condition is equally appropriate or more appropriate to
the district than is the existing nonconformity.
city council may
attach such conditions and safeguards to its approval as it deems
necessary to fulfill the purposes of this ordinance.
Applications
for the enlargement, extension or relocation of a nonconforming use
or
structure
filed with the planning director.
The
shall
be
application shall be accompanied by a fee of one hundred twenty-
five dollars ($125.00) to cover the cost of publication of notice
of
public
as
hearing
processing.
Notice
given
and
shall
be
provided by section 15.1-431 of the Code of Virginia.
A sign shall
be posted
site
of
requir-ements
in
accordance with
the
the
on
57
section 108 of this ordinance.
58
(e)ill
Conversion of a nonconforming use to another use.
No
59
nonconforming use shall be converted to another use which does not
60
conform to this ordinance except upon a resolution of the city
61
council
approving
upon
its
authorizing
.
converSl.on,
based
such
62
finding
or more
is
appropriate
that
the
proposed use
equally
63
appropriate to the district than is the existing nonconforming use.
64
In the resolution permitting authorizinq such change,
the city
65
council may attach such conditions and safeguards to its approval
2
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70
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72
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as it deems necessary to fulfill the purposes of this ordinance.
When any nonconforming use is converted to another use, the new use
and accompanying conditions of development shall conform to the
provision of this ordinance in each respect that the existing use
conforms,
in any instance where the existing use does not
and
conform
provisions,
more
the
shall
be
to
those
not
new
use
deficient.
Any such use approved authorized by the city council
shall thereafter be subject to the provisions of this section and
to any conditions or restrictions attached by the city council.
Applications for the conversion of a nonconforming use or structure
shall be filed with the planning director.
The application shall
be
accompanied
one
twenty-five
by
fee
of
hundred
dollars
a
($125.00)
to cover the cost of publication of notice of public
hear ing and process ing .
Notice shall be given as provided by
section 15.1-431 of the Code of Virginia.
A sign shall be posted
on the site in accordance with the requirements of section 108 of
this ordinance.
~
Revocation of authorization.
In the event a use
other than the specific use authorized by the city council
is
carried on, or any condition or restriction attached by the city
council is violated. intentionally or otherwise, such authorization
may be revoked by the city council at a public hearinq upon ten
i}O) qays' written notice to tþe owner of the property upon which
the use is carried on and to the operator of such use.
(f)
Damage or destruction involving nonconformities.
Any
structure or condition of development which
is,
or
is
houses,
92
related
nonconformity
or
if
involuntarily
to
damaged
a
may,
93
destroyed, be reconstructed or restored to its prior condition and
94
location within two (2) years of its being damaged or destroyed,
95
and
nonconformi ty may
as
continue
it
is
the
before.
If
not
96
reconstructed or restored within two (2)
years,
then any future
97
construction or reconstruction on,
or use of,
the affected lot
98
shall be in conformance with the provisions of this ordinance.
99
(g)
Location
on
lots
not meeting
structure
of
and
uses
minimum requirements.
Any conforming principal or accessory use,
3
"
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102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
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124
125
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127
128
129
130
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conditional use or conforming structure housing such use may be
enlarged,
extended,
constructed,
or moved
lot
located,
on any
created prior to the effective date of this ordinance regardless of
the
size
dimensions
provided
that
other
such
lot,
or
of
requirements of this ordinance are met.
in the case of
However,
any lot created or rezoned upon petition on behalf of the property
owner on or after the above date, only those uses and structures
shall be located on the lot for which the lot meets the minimum lot
requirements
in
applicable
Any
lot
not
zoning distr ict.
the
meeting
dimension
to
requirements
applicable
size
the
due
or
governmental action taken on or after the effective date of this
ordinance shall have the same rights of development as before said
governmental action took place.
(h)
Buildings being planned or under construction.
Nothing
herein
contained
require
in
shall
plans
change
the
for
any
construction of any project, or part thereof, for which an active
use permit,
valid building permit,
current approved preliminary
subdivision plat or certificate of occupancy was lawfully issued
prior to the effective date of this ordinance, or of any amendment
thereto.
(i)
Any resolution adopted by the city council pursuant to
the provisions of this section shall remain in effect for a period
of twelve
its adoption and shall
(12)
months from the date of
thereafter,
construction
or
unless
the
actual
other
act
use,
authorized by such resolution has commenced, be void and without
force or effect.
Adopted by the Council of the City of Virginia Beach on
the
- day of -
, 1993.
CA-92-4966
ordin\proposed\45-105.pro
R-1
12-28-92
4
---- --- ---
- 22-
~
APPOINTMENTS
ITEM # 36490
Upon NOMINATION by VIce Mayor Sessoms, City Council APPOINTED:
COMMUNITY SERVICES BOARD
Amando S. SalilUlS
Unexpired term thru 12/31/94
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor
WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 2, 1993
- 23-
~
APPOINTMENTS
ITEM # 36491
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
PARKS AND RECREATION COMMISSION
John Fletcher Bryant
Unexpired term thru 8/31/93
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and Vice Mayor
Wzlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 2, 1993
- 24-
~
APPOINTMENTS
ITEM 1# 36492
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
PERSONNEL BOARD
William W. Harrison, Jr.
Three Year Term
3/1/93 thru 2/28/96
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Linwood o. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
Wzlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 2, 1993
- 25-
~
APPOINTMENTS
ITEM II 36493
Upon NOMINATION by nee Mayor Sessoms, City Council APPOINTED:
RESORT AREA ADVISORY COMMISSION
For Term of Tenure
President - Hampton Roads Chamber of Commerce
President - Council of Civic Organizations
President - Resort úadership Council
Three Year Terms
2/1/93 thru 12/31/95
EdwiIUJ L. Bergano
Elizabeth A. Duke
Earl P. Fraley, Jr.
Robert Hef7TUjn
Eric W. Schwartz
Voting:
11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and nee Mayor
Wzlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
February 2, 1993
- 26-
~
UNFINISHED BUSINESS
ITEM # 36494
Mayor Oberndorf and Councilman Baurn referenced the Outer Banks ponies that have been remaved form
their habitat and his note to Members of City Council. Mayor Oberndorf referenced her visit with the
Secretary of Natural Resources, The Honorable Elizabeth H. Haskell, and letter of January Twenty-ninth.
There will be a bill before the General Assembly concerning the possibility of a RegiolUll Office of the
Department of Environmental Quality. The Mayor advised the City was available for location of this
office. The Mayor expressed appreciation for her support of the Lab Gaston Pipeline and discussed the
ponies of Back Bay. Mrs. Haskell expressed interest in this particular topic. The Mayor suggested that
with the Back Bay NatiolUll Wild Life Refuge and False Cape Sate Park having been part of the ponies'
original "stomping ground" that, perhaps, the State could fence an appropriate area and allow them to
continue to flourish there. If the City Council has no objections, the Mayor will forward her letter to The
Honorable Elizabeth H. Haskell. By Consensus of City Council, the Mayor's letter will be forwarded to
the Secretary of Natural Resources.
Mayor Oberndorf also referenced correspondence from Jeni Louder, President of the Tidewater Wild
Horse Society with enclosures. This item will be SCHEDULED for the City Council Ses!"ion of February
9, 1993.
Councilman Dean advised the Environmental Breakfast of Hampton Roads on Saturday, February 6,
1993, at 9:00 A,M. at Morrison's Cafeteria in Military Circle will feature Tony Leger'of the Back Bay
National WIldlife Refuge as the guest speaker. Mr. Leger' will be addressing issues related to the wild
ponies.
February 2, 1993
- 27-
~
UNFINISHED BUSINESS
ITEM 1# 36495
Mayor Obemdorf referenced the Agenda of FebrUIUJ 2, 1993. This is the first time in history the majority
of an agenda was initiated and prepared on behalf of individual City Council Members, as opposed to
City Staff bringing items to City Council as a recommendation.
February 2, 1993
lmr1....IE=.KL.
ADJOURNMENT
- 28-
ITEM ## 36496
Mayor Obemdorf DECLARED the Meeting ADJOURNED at 4:00 P.M.
_~__a2!.~___-
Beverly O. Hooks, CMC
Chief Deputy City Clerk
~~--------
Ruth Hodges Smith, CMC/AAE
City Clerk
City of Virginia Beach
Virginia
------------------------
Meyera E. Oberndorf
Mayor
February 2, 1993