AUGUST 24, 1993 MINUTES
Cit:v- e>f' Virgi1~ié~ I3each
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR WIWAM D SESSOMS, jR , At-Large
JOHN A BAUM, Blackwater Borough
LINWOOD 0 BRANCH 1// Virginia Beach Borough
jAMES W BRAZIER, jR, Lvnnhaven Borough
ROBERT W CLYBURN, Kempsville &rough
ROBERT K DEAN, Pn"cess Anne Borough
LOUIS R JONES, BaYSlde Borough
PAUL j LANTEIGNE, Pungo &rough
JOHN D \10SS At Large
NANCY K PARKER, At Large
jAMES K SPORE, City Manager
LE~LIE L LILLEY, City Attorney
RUTH HODGES SMITH CMC! AAE, CIty Clerk
CITY COUNCIL AGENDA
281 (ITY /i4.LL Bl'/I DI,\iC~
\1UNICIP4.L (F\i I ER
VIRC'¡NJ4 8£:.4.( H VIRGJ.\i1A 2345t> 9UU'i
(8U41 42ì 4 WJ
AUGUST 24, 1993
I.
CITY MANAGERIS BRIEFING
- Council Chamber -
4:30 PM
A.
OWL'S CREEK WATERSHED ORDINANCE
Robert J. Scott, Director of Planning
II.
INFORMAL SESSION
- Council Chamber -
5:00 PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
c.
RECESS TO EXECUTIVE SESSION
III.
FORMAL SESSION
- Council Chamber -
6:00 PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Rabbi David J. Abrams
Tabernacle Emanuel Synagogue
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
- August 10, 1993
G.
H.
MAYORIS PRESENTATION
1 .
VIRGINIAIS FIRST ANNUAL DRUG OUT
September 27, 1993
The Honorable Robert F. McDonnell
Priscilla Beede, Chair, Ad Hoc Committee
CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1 .
Ordinance to AMEND and REORDAIN Section 23-40 of the Code of the City of Virginia
Beach, Virginia, re offenses-miscellaneous (altering surface of road or other public
property; obstructing drainage).
2.
Ordinance to APPROPRIATE $41 ,557 in State Intensified Drug Assistance Program
(IDEA) Grant Funds from the City of Norfolk re acquisition of computer technology for
the Comprehensive Regional Information Management and Exchange System (Crimes).
3.
Ordinance to APPROPRIATE $930,144 from the Reserve for Federal Arbitrage within the
General Fund Balance re payment to the U. S. Treasury Department for rebatable
arbitrage on the 1988 General Obligation Public Improvement Bonds.
4.
Ordinance to ACCEPT and APPROPRIATE Grants of $3,576 from the Virginia State
Library and Archives for the Clerk of the Circuit Court to complete the Land Records
Optical Scanning Project and to purchase Ultraviolet Light Shields.
5.
Ordinance to APPROPRIATE $3,500 from the Francis Land House Trust Fund and
TRANSFER to the Board of Governors Trust Fund re donation toward purchase of Stair-
Trac equipment needed to assist disabled visitors and $4,000 for the purchase of
reproduction 18th-century chairs.
6.
Ordinance authorizing the City Manager to TRANSFER $15,000 from the Economic
Development Investment Program to the Virginia Beach Development Authority re
underwriting a portion of the infrastructure costs for improvements to the Corporate
Headquarters and Manufacturing Facility of MicroMax Distribution, Inc. relocating from
Cleveland, Ohio, to the Oceana West Corporate Park at 2700 Avenger Drive.
7.
Ordinance granting a franchise to operate an open air cafe on public property in the
Resort Area (VIRGINIA BEACH BOROUGH):
Fish Bones Restaurant, Inc.
t/a Fish Bones Restaurant
1211 Atlantic Avenue
8.
Ordinance authorizing a temporary encroachment into a portion of the right-of-way of
Regency Drive to New Regency Hilltop Associates re construction and maintenance
of signs and landscaping in median on Regency Drive (L YNNHAVEN BOROUGH).
9.
Ordinance to Charge-Off delinquent accounts of the Departments of Public Utilities,
Public Works, Police, Planning, General Services, Information Technology and General
Registrar totalling $306,394.80.
I.
J.
10.
Ordinance authorizing Tax Refunds in the amount of $1,785.44.
11.
Ordinance authorizing License Refunds in the amount of $3,148.90.
RESOLUTIONS/ORDINANCES
1.
REAPPORTIONMENT CONCEPTS:
a.
OPTION 1: Modified 7-4 Plan
(1 )
Resolution for modifying existing electoral plan by dividing Kempsville
Borough into two (2) Boroughs and consolidating Pungo and Blackwater
Boroughs.
(2)
Proposed Charter Amendment to Sections 3.01 and 3.02:1 of the Charter
of the City of Virginia Beach, Virginia, re Division of the City into Boroughs
and Council Elections.
b.
OPTION 2: 7 District - 4 At Large Plan
(1 )
Resolution dividing City into seven (7) equally populated single-member
districts with three (3) members and the Mayor elected At Large.
(2)
Proposed Charter Amendment to Sections 3.01 and 3.02:1 of the Charter
of the City of Virginia Beach, Virginia, and ADDING Section 3.02 re
Division of the City into districts and Council Elections.
2.
Resolution requesting the HAMPTON ROADS SPORTS AUTHORITY assist in the
financing of a horse racing facility in the City of Virginia Beach and related off-track
betting facilities throughout Virginia.
3.
Ordinances re Compensation:
a.
City Manager
b.
City Real Estate Assessor
PUBUC HEARING
1 .
PLANNING
a.
Application of LAVERN MILLER, President, Princess Anne Cabinets, Inc., for
enlargement of a nonconforming use (to increase square footage and construct
an addition to the existing building) on North Landing Road, 1050 feet more or less
East of the intersection with Winston Avenue (3416 North Landing Road) in the
G-2 A ricultural istrict, containing 13,056 acres (PRINCESS ANNE
BOROUGH) .
Recommendation:
APPROVAL
b.
Application of TIDEWATER EVANGEUCAL FREE CHURCH for a~
Permit for a ~ on the East side of Euclid Road, South of Norfolk and
Southern Railroad (4966 Euclid Road, Suites 101,102 and 103), containing 1.477
acres (KEMPSVILLE BOROUGH).
Recomm endation:
APPROVAL
c.
Application of ST. JOHN THE APOSTLE CATHOUC CHURCH for a Condjtjonal
Use Permit for a church on the Northeast side of Sandbridge Road beginning at
a point 470 feet more or less Southeast of Princess Anne Road, containing 10
acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
d.
Application of ROBERT N. BOLLER, Fabrication Specialist of VA, Inc. for a
n iti n Us it for a ho e 0 ion W 0 wo kin 0 on the East
side of West Neck Road, 3400 feet more or less North of West Landing Road
(3436 West Neck Road), containing 15 acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
e.
Application of McDONALD NURSERIES OF VIRGINIA BEACH for a ConQillonal
h n of 0 in istrict Classific tion from R-15 R side tial istrict to B-2
C mmunit usiness istrict on the East side of Independence Boulevard, North
of Wishart Road (1144 Independence Boulevard), containing 1 acre (BA YSIDE
BOROUGH) .
Recommendation:
APPROVAL
1.
Deferred:
August 1 0, 1993
Recommendation:
APPROVAL
g.
Applications of FERRELL PARKWAY ASSOCIATES, INC. (PRINCESS ANNE
BOROUGH) :
(1 )
RECONSIDERATION OF PROFFERS approved Apri/24, 1989, re property
at the Northwest corner of Ferrell Parkway and General Booth Boulevard,
containing 15.7 acres.
(2)
North side of Ferrell Parkway, 700 feet more or less West of General Booth
Boulevard, containing 2 acres:
(a)
Cond'tional C an e f Zonin District Classification from
Conditional 0-2 ffice District to Conditional -2 Communit
~
AND,
(b)
Deferred:
August 10, 1993
Recomm endation:
APPROVE ALL APPLICATIONS
K.
APPOINTMENTS
COMMUNITY CORRECTIONS RESOURCE BOARD
PARKS AND RECREATION COMMISSION
PENDLETON CHILD SERVICE CENTER (MANAGEMENT BOARD) - Resignation
PUBLIC LIBRARY BOARD
SOCIAL SERVICES - Resignation
SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD - Resignation
TIDEWATER COMMUNITY COLLEGE BOARD
L.
UNFINISHED BUSINESS
M.
NEW BUSINESS
1 .
COUNCIL-SPONSORED ITEMS:
a.
Resolution re actions of Federal Agencies for the enforcement of the Fair
Housing Act, (legal action against Municipalities -- Oxford-House).
(Sponsored by Mayor Meyera E. Oberndorf)
b.
Resolution providing a Charter Referendum re limitation on the number of
consecutive terms the Mayor and Council Members may serve.
(Sponsored by Councilman Paul J. Lanteigne)
N.
ADJOURNMENT
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
8/17/93bap
AG ENDA \8-24-93.Pln
Cit~ e>f Virgi:r1ia Beach
WILLIAM D SESSOMS JR
VICE MAYOR
809 GREENTREE ARCH
VIRGINIA BEACH VIRGINIA 23451
(804) 455 5732
August 24, 1993
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Conflict of Interests Act
Dear Mrs. Smith:
In accordance with my letter to you dated August 10, 1993, I have thoroughly
reviewed the agenda for the August 24, 1993, meeting of City Council for the purpose of
Identifying any matters in which I might have an actual or potential conflict under the
Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best
of my knowledge, there are no matters on the agenda in which I have a llpersonal interest, II
as defmed in the Act, either individually or in my capacity as an officer of Central Fidelity
Bank. Accordingly, I respectfully request that you record this letter in the official records
of the Council.
Thank you for your assistance and cooperation in this matter.
Very truly yours,
¡YM/fvi,
William D. Sessoms, Jr.
Vice-Mayor
WDS,Jr ./dmc
_h- I
- ~ - --
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 24, 1993
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'8 BRIEFINGS of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 24, 1993, at
4.30 P.M.
Council Members Present:
Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn,
Robert K Dean, Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy
K Parker
Council Members Absent:
John A. Baum,
[ENTERED: 5:25 P.M.]
Paul J Lanteigne
[ENTERED: 5:20 P.M.]
John D. Moss
[our OF THE CIlY WITH FAMILY ON
VACATION]
Vice Mayor Wzlliam D. Sessoms, Jr. [ENTERED: 4:53 P.M.]
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed the Bank mayor may
not have an interest in one or more applications before City Council. The Vice Mayor regularly files this
Disclosure with the City Clerk as he mayor may not know of the Bank's interest in any application that
may come before City Council. Vice Mayor Sessoms' letter of August 24, 1993, is hereby made a part of
the record.
-2-
CITY MANAGER'S BRIEFINGS
OWL'S CREEK WATERSHED ORDINANCE
4:30 P.M.
ITEM # 37125
Robert Scott, Director of Planning, presented information relative the proposed OWL'S CREEK
WATERSHED ORDINANCE. Mr. Scott would like this information forwarded to the Planning
Commission for Public Hearings and citizen input, after which the Commission's recommendations will
be forwarded in the form of a completed Ordinance to the City Council. Regulatory programs have been
adopted for the other two watersheds within the City: Chesapeake Bay and Southern Watersheds.
Concerning the Owl's Creek Watershed, the body of water is much less extensive and the character is
extremely different. The northern portion of the watershed is very extensively developed, while the
southern portion, with the exception of the Tennis Center, Ocean Breeze amusement facility and the Fire
Training Center is much less developed. Water quality is not as important as in Back Bay. Owl's Creek
should be regarded as the City's showcase for water oriented activities. Mr. Scott displayed a schematic
with various colored dots: yellow dots indicated City projects, lime green dots represented marinas,
purple dots were fuel facilities and the red dots represented boat ramps.
Mr. Scott displayed another color coded map: light blue areas indicated locations either owned or leased
by the City, lÙlrk blue areas were State property and the green areas were Federally controlled property.
Thus, there is a vast amount of government controlled property, which lends itself to cooperative and
educational efforts as opposed to regulatory efforts.
The City Staff will request the Planning Commission's Ordinance, relative the Owl's Creek Watershed
contain appropriate erosion and sediment control measures along the shorelines. However, the Erosion
and Sediment Control Ordinance might be best addressed rather than contained within the Owls' Creek
Ordinance, as "E & S" measures are in place, as appropriate, throughout the whole City. If new marinas
are developed within the area, the City Staff wishes the City Zoning Ordinance amended to assure
appropriate provisions are made in the Use Permit review to regulate fuel related, waste disposal and
other similar issues related to the operation of said marinas that directly affect the quality of water and
activity in this area. Concerning existing marinas, an educational program is proposed. Buffers should
also be in place Other existing CIty ordinances should be addressed to determine, if it is necessary to
adjust them to enable compatibility with the program regarding the Owl's Creek Watershed. The City
needs to cooperate with other groups i. e, the VIrginia Department of Environmental Quality, the State
Health Department with regard to shellfish matters to develop an overall program addressing the whole
range of issues important within thIs Watershed. Fueling facilities should be identified as an issue of
concern. Mr. Scott advised the parking space situation at marinas is important. One space per boat is
clearly inadequate.
ShellfISh cannot be eaten in this area due to human waste. The majority of this waste is coming from
recreational boats, who are not utilizing the pumpout facilities. There are only two pumpout facilities in
this area, one of which is private. There is no enforcement.
August 24, 1993
-3-
CONCERNS OF THE MAYOR
ITEM # 37126
Mayor Oberndorf advised corrections to the Formal Agenda of the City Council Session. The Invocation
will be by RDbbi David J. Abrams of Temple Emanuel NOT Tabernacle Emanuel Synagogue.
Mayor Oberndorf referenced the correspondence of Reba S.McClanan, Chair - Friends of the Francis
Land House dated August 20, 1993, concerning the Ordinance to APPROPRIATE $3,500 from the
Francis Land House Trust Fund and TRANSFER to the Board of Governors Trust Fund re donation
toward purchase of Stair- Trac equipment needed to assist disabled visitors and $4,000 for the purchase
of reproduction 18th-century chairs (See Item III-H.6 of the CONSENT AGENDA).
Mrs. McClanan requested this action be either postponed or rescind whatever regulation was adopted
to allow transfer of these funds. Mrs. McClanan advised the Friends of the Francis Land House made
a decision based on the advice of City departments and personnel to leave the funds they raised in the
City Treasury, but to operate independently. The City Council will WITHDRA WN this item from the
Agenda. Said letter is hereby made a part of the record.
August 24, 1993
-4-
ITEM # 37127
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 24, 1993, at 5:10 P.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 Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D
Sessoms, Jr.
Council Members Absent:
John D. Moss
August 24, 1993
-5-
ITEM # 37128
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTWE
SESSION, pursuant to Section 2.1-344, Code of Vzrginia, as amended, for the following purposes.
P RSONNEL MAITERS. 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).
To- WIt: Appointments - Boards and Commissions:
Community Correctwns Resource Board
Parks and Recreation Commission
Pendleton Child Service Center
Public Lzbrary Board
Social Services Board
Southeastern Hampton Roads Disability Services Board
Tidewater Community College Board
Performance Evaluation
City Manager, City Real Estate Assessor
PUBLICLY-HELD PROPERTY. Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the dispositwn of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3)
To- WIt: Burton Station - Land Acquzsztion
Upon motion by Vzce Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into
EXECUTIVE SESSION.
Voting:
8-0
Council Members Voting Aye:
Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn,
Robert K Dean, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K
Parker and Vzce Mayor WIlliam D Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, Paul J. Lanteigne and John D. Moss
August 24, 1993
-6-
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
August 24, 1993
6:00 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, August 24, 1993 at 6:00 P.M.
Council Members Present:
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D.
Sessoms, Jr.
Council Members Absent:
John D. Moss
[our OF THE CI1Y WITH FAMILY ON
VACATION]
INVOCATION:
Rabbi David J. Abrams
Temple Emanuel
G OF THE UNIT
¿f
Mayor Oberndorf advised Rabbi Abrams serves as a Member of the Human Rights Commission and last
year served as one of the Chaplains on Patrol at the Resort area.
August 24, 1993
-7-
Item III-E.1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 37129
Upon motion by Councilwoman Parker, seconded by Councilman Clyburn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only publzc business matters lawfully exempted from Open Meeting
requirements by VIrginia law were discussed in Executive SessIOn to
which thzs 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. Bawn, Linwood O. Branch, III, Robert W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,
Nancy K Parker and VIce Mayor Wzlliam D. Sessoms, Jr
Council Members Voting Nay.
None
Council Members Absent:
James W. Brazier, Jr. and John D Moss
August 24, 1993
1Rtønlutinu
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 # 37128, Page No.5, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in confonnity 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.
~~]~~
Ruth Hodges Smith, CMC/AAE
City Clerk
August 24, 1993
-8-
Item III-F.1.
MINUTES
ITEM # 37130
Upon motion by Vzee Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of August 10, 1993.
Voting:
9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IlL Robert W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E Oberndorf,
Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr. and John D. Moss
August 24, 1993
-9-
Item III-G.1.
MAYOR'S PRESENTATION
ITEM # 37131
Mayor Oberndorf presented a RESOLUTION IN RECOGNITION:
VIRGINIA'S FIRST ANNUAL DRUG OUT
September 27, 1993
Priscilla Beede and Helen Shropshire, Co-Chairs - Ad Hoc Committee - Vlrginia's First Annual Drug
Out, in the absence of Delegate Robert F. McDonnell, ACCEPTED the Resolution.
Citizens are requested to recognize and support education about the dangers of drug abuse, the penaltzes
for drug crimes, the availability of substance abuse programs, and the need to eradicate drug abuse in
VIrginia Beach. Corporations, the media, private organizations, citizens groups and individuals, as well
as law enforcement and CADRE groups are to be encouraged to participate in these activitIeS
August 24, 1993
£1'1101Ut10"
WHEREAS: America ~ drug problem is having a great negative impact on families, schools,
law enforcement, court systems and correctionalfacUities in the form of increased
drug-related criminal activity such as gang violence, murder, robbery and
domestic violence;
WHEREAS: Virginia Beach is not immune to these /cinds of problems and activities that are
being suffered across the country as evidenced by increasing arrests for drug-
related activity, the number of deaths from illicit drug use and the rate of violent
crime;
WHEREAS: Drug education programs can have a powerful impact on people by providing
information about the haz4rds of drug abuse, its effects on people~ lives and the
need for treatment,. and,
WHEREAS: Community involvement and commitment is an important part of educational
programs which seek to eliminate drug abuse through prevemion education and
substance abuse treatment.
NOw, THEREFORE, BE IT RESOLVED: That September 27, 1993, is hereby declared Virginia's First
.Annual Drug Out during which citizens are requested to recogniu and support education about the dangers
of drug abuse, the penalties for drug crimes, the availability of substance abuse programs and the need to
eradicate drug abuse in Virginia Beach. Corporations, the media, private organizations, citizens groups and
individuals, as well as law enforcement and CADRE groups, are to be encouraged to participate in these
activities.
BE IT FURTHER RESOLVED: Tha~ in ordu to furthu elICOlUage support for Vlrginia Beach's First Annual
Drug Out, the Chief of Police is requested to provUk suggested activities and information including the
feasibility of creating drug amnesty programs for drug abusers. All citiuns are requested to provide support
for the activities for the First Annual Drug Out
Given under our hands and seals this Twenty-fourth day of Âugust, Nineteen Hundred and Ninety- 7ñree.
t. ,ÆtL...
John A. Baum
- 10 -
~
CONSENT AGENDA
ITEM # 37132
Upon motion by VIce Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED in ONE
MOTION items 2, 3, 4, 6, 7, 10 and 11 of the CONSENT AGENDA.
Items 1, 5, 8 and 9 were pulled for a separate vote.
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
August 24, 1993
- 11 -
Imn...lll.=H.L.
CONSENT AGENDA
ITEM # 37133
Philip R. Wohl, 1177 Pond Cypress Road, Phone: 499-8150, represented the pond owners (Cypress
Point), distributed a petition and requested a notification provision be included within the Ordinance.
Said petition is hereby made a part of the record.
Upon motion by Councilman Jones, seconded by VIce Mayor Sessoms, City Council DEFERRED FOR
STAFF CLARIFICATION:
Ordinance to AMEND and REORDAIN Section 23 -40 of the Code of
the City of VIrginia Beach, VIrginia, re offenses-miscellaneous (altering
surface of road or other public property; obstructing drainage).
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
August 24, 1993
- 12 -
~
CONSENT AGENDA
ITEM # 37134
Upon motion by Vzce Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to APPROPRIATE $41,557 in State Intensified Drug
Assistance Program (IDEA) Grant Funds from the City of Norfolk re
acquisition of computer technology for the Comprehensive Regional
Information Management and Exchange System (Crimes).
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
August 24, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
AN ORDINANCE TO APPROPRIATE $41,557 IN STATE INTENSIFIED DRUG
ASSISTANCE PROGRAM GRANT FUNDS FROM THE CITY OF NORFOLK FOR
ACQUISITION OF COMPUTER TECHNOLOGY FOR THE COMPREHENSIVE
REGIONAL INFORMATION MANAGEMENT AND EXCHANGE SYSTEM (CRIMES)
1
WHEREAS, the City Council agreed to participate In the inter-jurisdictional
2
agreement related to the development and operation of a regional criminal justice reporting
3
system (the Comprehensive Regional Information Management and Exchange System, CRIMES);
4
WHEREAS, under this agreement the City of Norfolk IS the fiscal agent for the
5
region, and as such receives and distributes State grant funds which are received to support the
6
development of the CRIMES project;
7
WHEREAS, the second year grant funds from the State Department of Criminal
8
Justice Services have been accepted with the City of Virginia Beach to receive $41,557;
9
WHEREAS, these funds will allow the City to purchase microcomputer equipment
and software related to development and utilization of Virginia Beach's portion of the regional
project;
WHEREAS, the City has already provided ItS part of the required match for
participation In the regional grant, the other budgetary Impact of acceptance of these funds will
be maintenance of the microcomputers which will be funded through the Police Department's
operating budget.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that $41,557 be appropriated for the purpose of purchasing
microcomputer equipment and software related to the development of Virginia Beach's portion of
the regional CRIMES project.
BE IT FURTHER ORDAINED, that estimated revenues In the FY 1993-94 Operating
Budget be Increased by $41,557.
Adopted by the Ci
24
day of
Beach on
. , "^ . "/'\ ~
August
, 1993.
APPROVED AS TO
LEGAL !"-:.tL,r:~':'í':It:"'i'-¡t"v
....., .., .......' ".J'
~fi -- --
Approved as to Content
~~~
Walter C. Kraem , Jr.
Deputy Director,
Management and Budget
- 13 -
Item Ill-II. 3.
CONSENT AGENDA
ITEM # 37135
Upon motion by Vzce Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to APPROPRIATE $930,144 from the Reserve for Federal
Arbitrage within the General Fund Balance re payment to the U. S.
Treasury Department for rebatable arbitrage on the 1988 General
Obligation Public Improvement Bonds.
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor WIlliam D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
August 24, 1993
AN ORDINANCE TO APPROPRIATE $930,144
FOR PAYMENT TO THE UNITED STATES TREASURY
DEPARTMENT FOR REBATABLE ARBITRAGE 1988
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS
WHEREAS,
The City earned
during the fiscal years 1988 to
date
interest
from
the
investment
of
the
proceeds
of
the
$40,950,000
1988
General
Obligation Bonds,
Series
1988A,
and
$2,000,000 General Obligation Bonds, Series, 1988B, and
WHEREAS, in accordance with the 1986 Tax Reform Act, the U. S.
Treasury Department regulations require the City to rebate to the
Federal Government all interest earnings from the investment of the
bond proceeds in excess of the average interest rate paid on the
general obligation bonds, and
WHEREAS, this rebate amount, called rebatable arbitrage, is to
be paid no later than September 1, 1993, and
WHEREAS, the firm of Ernst & Young, CPA's has determined the
rebatable arbitrage amount on the 1988 General Obligation Bond
Issues to be $930,144, and
WHEREAS,
in
order
to
fully
comply
with
these
Federal
regulations, $930,144 will need to be appropriated from the Reserve
for Federal Arbitrage within the General Fund Balance for payment
to the U. S. Treasury Department for the 1988 General Obligation
Bond Issues.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that $930,144 be appropriated
from the
Reserve for Federal Arbitrage within the General Fund balance for
payment to the U. S. Treasury Department for rebatable arbitrage on
the 1988 General Obligation Public Improvement Bonds.
24
da y 0 f
August
Adopted this day,
the
,
1993,
by the
Council of the City of Virginia Beach, Virginia.
This
ordinance
shall be in effect from the date of its
adoption.
APPROVED AS TO
LEGAL SUFFICIENCY
Þ- j.
VED AS TO CONTfNTS~
~() c(7 ~
DEPARTMENT
#
.J
i
- 14 -
~
CONSENT AGENDA
ITEM # 37136
Upon motion by VIce Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE Grants of $3,576 from the
VIrginia State Library and Archives for the Clerk of the Circuit Court to
complete the Land Records Optical Scanning Project and to purchase
Ultraviolet Light Shields.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr, Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and nee Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
August 24, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
1
2
3
4
5
AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANTS OF $3,576 FROM THE
COMMONWEALTH OF VIRGINIA, VIRGINIA ST ATE LIBRARY AND ARCHIVES
FOR THE CLERK OF THE CIRCUIT COURT TO COMPLETE THE
LAND RECORDS OPTICAL SCANNING PROJECT, AND TO
PURCHASE ULTRAVIOLET LIGHT SHIELDS
6
WHEREAS, the Clerk of the CIrCUit Court of the CIty of VIrgInIa Beach has the responsIbIlIty for
7
maIntenance of publIc records, IncludIng land records for the CIty,
8
WHEREAS, the Clerk of the CIrcUit Court has applIed for, and receIved the final grant of a two-year
9
grant, m the amount of $3,000, from the VIrgInIa State LIbrary and ArchIves for eqUipment and support costs to
transfer land records that were recorded by a photostatIc process to optICal dIsk and 16mm roll mIcrofIlm,
WHEREAS, the Clerk of the CIrcUit Court has applIed for, and receIved an addItIOnal grant from the
VIrgInIa State LIbrary and ArchIves m the amount of $576 for the purchase of ultravIOlet fIlterIng sleeves for
fluorescent lIghts m the Clerk's Records Room to protect deeds, plats and wIlls from exposure to ultravIolet lIght
WhICh causes fadIng and accelerates agIng of documents,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that grants totallIng $3,576 from the Commonwealth of VIrgInIa, VIrgInIa State LIbrary and ArchIves
be accepted and approprIated to be used to complete the land records optICal scannIng project, and to purchase
ultravIolet lIght shIelds for the Clerk's Records Room
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
that the apprOprIatIon be offset by an Increase of $3,576 m estimated revenue
ThIS ordInance shall be effectIve from the date of Its adoptIon
of
Adopted by the CouncIl of the CIty of VIrgInIa Beach, VIrgInIa on the
August
, 1993
Twenty-fourth
day
rr- -- ---'II:: -
--"'..... - -~
APPR~¡
/ . ---.......
DEPARTMENT OF MANAGEMENT AND BUDGET
APP~OVC;) r~s TO
LEGAL G~FrjC~[NCY
///
-,//(~
'f-_N- -
C \budget\93-94\clrkclfC ord vol 30 sgb August 11, 1993
- 15 -
~
CONSENT AGENDA
ITEM # 37137
Upon motion by VIce Mayor Sessoms, seconded by Council Lady Parker, City Council ALLOWED
WITHDRA W AL:
Ordinance to APPROPRIATE $3,500 from the Francis Land House
Trust Fund and TRANSFER to the Board of Governors Trust Fund re
donation toward purchase of Stair- Trac equipment needed to assist
disabled visitors and $4,000 for the purchase of reproduction 18th-
century chairs.
The Correspondence dated August 20, 1993, from Reba S.McClanan, Chair - Friends of the Francis Land
House, is hereby made a part of the record. Mrs. McClanan advised the Friends of the Francis Land
House made a decision based on the advice of city departments and personnel to leave the funds they
raised in the City Treasury, but to operate independently.
The City Manager and City Attorney will research to determine, if an Ordinance was adopted regulating
the transfer of funds concerning the Friends of the Francis Land House.
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
August 24, 1993
- 16 -
Item III-H. 6.
CONSENT AGENDA
ITEM # 37138
Upon motion by Vzce Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance authorizing the City Manager to TRANSFER $15,000 from
the Economic Development Investment Program to the Vzrginia Beach
Development Authority re underwriting a portion of the infrastructure
costs for improvements to the Corporate Headquarters and
Manufacturing Facility of MicroMax Distribution, Inc. relocating from
Cleveland, Ohw, to the Oceana West Corporate Park at 2700 Avenger
Drive.
Voting:
10-0
Council Members Voting Aye.
John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor William D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
August 24, 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
1
2
3
4
5
AN ORDINANCE AUTHORI ZING THE CITY
MANAGER TO TRANSFER $15,000 FROM THE
ECONOMIC DEVELOPMENT INVESTMENT
PROGRAM TO THE CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY
6
WHEREAS, the City of Virginia Beach Development Authority
7
(the "Authority") was created pursuant to Chapter 643 of the Acts
8
of Assembly of 1964 (as amended)
(the IIActs");
9
WHEREAS, one of the primary purposes of the Authority as
set forth in the Acts is to IIpromote industry and develop trade by
inducing manufacturing,
governmental and commercial
industrial,
enterprises to locate in or remain in the [City]....II;
WHEREAS,
the
Economic
on
Development,
of
Department
behalf of the Authority, has induced MicroMax Distribution, Inc. to
locate its corporate headquarters and manufacturing facility in the
City of Virginia Beach;
WHEREAS, the inducement included an agreement to provide
MicroMax Distribution, Inc. $15,000 to underwrite a portion of the
infrastructure costs for improvements to its facility;
WHEREAS, funds are available in the Economic Development
Investment Program Account (Project 2-141) which was approved in
the
Capital
Program to provide
1990-91/1994-95
Improvement
FY
infrastructure improvements on sites and along roadways to enhance
the economic viability of property; and
WHEREAS, at its regularly-scheduled meeting on April 20,
1993,
the
Authority,
a
determined
that
the
by
vote
of
6-0,
provision of the aforementioned incentive to MicroMax Distribution,
Inc. would serve a valid public purpose and would be in furtherance
of the purposes for which the Authority was created.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council finds the proposed investment to be
in keeping with the purposes for which the Economic Development
Investment Program Account was established and authorizes the City
35
36
37
38
39
40
41
42
43
44
Manager to transfer
in the amount of
$15,000
from the
funds
Economic Development Investment Program Account to the city of
Virginia Beach Development Authority for the purposes set forth
herein.
Adopted by the Council of the City of Virginia Beach,
24 August
Virginia, on the day of , 1993.
CA-5079
MICROMAX.ORD
R-1
PREPARED: 08/11/93
Approved as to content: ~~~
W. Andrew Burke
II
APPRO~ rTENT .
- E D Block
QQpt of Management and Budget
, -
~
,
APPROV:::O AS TO
I EC"'" ..... ~\' ~¡C t:.:NCY
i- :.t '.L tH.Jrr. ~L;.
~~
'.
E
~
2
- 17-
Item III - H. 7.
CONSENT AGENDA
ITEM # 37139
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance granting a franchise to operate an open air cafe on public
property in the Resort Area (VIRGINIA BEACH BOROUGH):
Fish Bones Restaurant, Inc.
tfa Fish Bones Restaurant
1211 Atlantic Avenue
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D.
Sessoms, Jr.
Council Members Votmg Nay:
None
Council Members Absent:
John D. Moss
August 24, 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
37
1
2
3
4
5
6
AN ORDINANCE GRANTINq A FRANCHISE TO FISH
BONES RESTAURANT, INC. TO OPERATE AN OPEN AIR
CAFÉ, SUBJECT TO THE CONDITIONS CONTAINED
AND/OR REFERENCED HEREIN, AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO A FRANCHISE
AGREEMENT WITH THE GRANTEE
7
the
City
the
regulations
adopted
has
for
WHEREAS,
8
operation of open air cafés on public property in the Resort Area;
9
Fish Bones Restaurant,
Inc.
(t/ a Fish Bones
WHEREAS,
Restaurant) has submitted an application for the
operation of an
open air café and has paid the application fee;
WHEREAS,
the representations made in the application
comply with the aforementioned regulations;
WHEREAS,
the
Convention
and
visitor
Department
of
Development has determined that the proposed café will have no
detrimental
on the public health,
welfare,
effect
safety,
or
interest, and will enhance the festive atmosphere in the Resort
Area.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That
franchise
Bones
Fish
is
hereby
to
granted
a
Restaurant,
to operate an open air café at 1211 Atlantic
Inc.
Avenue, Virginia Beach, Virginia 23451, from September 1,1993, to
August 31,
condi tioned on provision by the Grantee of an
1994,
approved final site plan, liability insurance coverage, a security
bond, the applicable franchise fee, and on such other terms and
conditions as are required by the regulations and the Franchise
Agreement; and
That the City Manager is hereby authorized to enter into
a
Franchise
the
with
subject
Agreement
the
Grantee
to
aforementioned conditions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24 day of August , 1993.
I eYED AS TO CO ".,. i '- ,ì S
r-
CA-5250
ORDIN\NONCODE\FISHBONE.ORD
R-1
PREPARED: August 10, 1993
C---j-:t,/ø
("
"
ÄPPR (
Þ. .,SUFFIC¡'
á.;.
CITY AnORNE't'
- 18 -
Item III - H. 8.
CONSENT AGENDA
ITEM # 37140
Attorney R. J. Nutter represented the applicant, displayed the rendering of the proposed sign.
Upon motion by VIce Mayor Sessoms, seconded by Councilman Brazier, City Council ADOPTED:
Ordinance authorizing a temporary encroachment into a portion of the
right-of-way of Regency Drive to New Regency Hilltop Associates re
construction and maintenance of signs and landscaping in median on
Regency Drive (LYNNHAVEN BOROUGH)
The following conditions shall be required:
1.
The owner agrees to remove the encroachment when notified by
the City of VIrginia Beach, at no expense to the City.
2.
The owner agrees to keep and hold the City free and harmless
of any liability as a result of the encroachment.
3.
The owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IlL James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
John D. Moss
August 24, 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
37
38
39
40
41
42
43
44
45
46
1
2
3
4
5
6
7
8
AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
RIGHT-OF-WAY OF REGENCY
DRIVE TO NEW REGENCY
HILLTOP ASSOCIATES, ITS
HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
9
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 section 15.1-893, Code of Virginia, 1950, as amended,
NEW REGENCY HILLTOP ASSOCIATES,
L.P. ,
its heirs,
assigns and
successors in title is authorized to construct and maintain a
temporary encroachment into the right-of-way of Regency Drive.
That the temporary encroachment herein authorized is for
the purpose of constructing and maintaining signs and landscaping
and that said encroachment shall be constructed and maintained in
accordance
with
virginia
Works
Public
City
of
Beach
the
Department's specifications as to size, alignment and location, and
further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a
portion of the City's right-of-way
known as Regency Drive, on the
certain plats entitled: "PROPOSED
LOCATION OF NEW SECONDARY EMERALD
POINT SIGN SCALE 1 "=20' VIRGINIA
BEACH, VIRGINIA 5-7-93 MILLER-
STEPHENSON & ASSOCIATES," "PROPOSED
LOCATION OF NEW PRIMARY EMERALD
POINT SIGN SCALE 1 "=20' VIRGINIA
BEACH, VIRGINIA 5-7-93 MILLER-
STEPHENSON & ASSOCIATES", copies of
which are on file in the Department
of Publ ic Works and to which
reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia
Beach to any officer of New Regency Hilltop Associates, L.P.,
itself, its heirs, assigns and successors in title and that within
thirty (30) days after such notice is given, said encroachment
shall be removed from the City's right-of-way of Regency Drive and
that it, its heirs, assigns and successors in title shall bear all
costs and expenses of such removal.
I
II
,I
THIS AGREEMENT, made this
~
/ J day of August, 1993,
by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal
corporation, (Grantor), and
NEW REGENCY HILLTOP
ASSOCIATES,
I
.1
L
II
I,
I!
,;
Virginia
Limited
business as
Partnership,
doing
L.P.,
a
Point
formerly
Apartments,
Emerald
Regency
Apartments,
(Grantee), its assigns and successors in title.
WITNESSETH:
WHEREAS ,
it is proposed by the Grantee to construct and
II
I
II
II
II
I:
Ii
II
"
'I
!I
I
maintain two freestanding signs (hereinafter "Signs"), in the
City of Virginia Beach; and
WHEREAS ,
in constructing and maintaining such Signs, it
is necessary that the Grantee encroach into a portion
of
an
city
right-of-way known as Regency Drive, and said
existing
'I
Grantee has requested that
the
Grantor
grant
a
temporary
I'
Ii
encroachment to facilitate such Signs within a portion of the
"
I'
! I
! '
City's right-of-way known as Regency Drive.
I
I'
NOW, THEREFORE, for and in consideration of the premises
of the benefits accruing or to accrue to the Grantee and
and
I'
I
I;
, ,
for the further consideration of One Dollar ($1.00), in
hand
I
I
I'
paid
to the Grantor receipt of which is hereby acknowledged,
, '
, I
')
the
hereby
the
Grantor
grants
to
Grantee
a
temporary
('
,I
, I
II
I,
I
portion
of the City's right-of-way
encroachment
to
use
a
known as Regency Drive for the purpose
and
constructing
of
I maintaining
II
!
signs
in the manner shown in the attached
such
Exhibits.
,
¡ I
I
,I
"
,
, :
I
, ,
I'
II
I'
It
is
agreed
understood
and
expressly
that
such
Virginia
temporary encroachments will be maintained in accordance with
I'
II
II
¡I
II
i!
: I
, I
¡ !
;1
j
~ I
:
II
I!
. ¡
11
Ii
! ,
II
!i
! I
I,
I'
I:
the laws of the Commonwealth of
and
the
. ..
V~rg~n~a
Beach,
and in accordance with the City of Virginia
City
of
Beach Public Works Department's specifications
and
which
shall
the
following
approval
be
for
locations:
(A)
An area of encroachment into a portion of
the
City's
right-of-way known as Regency Drive as
shown on that certain plat entitled: "Proposed
Location of New Emerald Point Sign" dated 5-7-
signs
location
to
show
93
the
and
the
undeveloped
utility service connection within
the right-of-way, a copy
been
which
of
has
, I
I
: '
!
submitted
to
the Grantor with an Application
, ,
! I
for Encroachment dated June 17, 1993 and which
"
i;
I,
: i
II
I
I'
is attached hereto as Exhibit "A" and to which
is
reference
made
more
particular
for
a
description.
: I
I
: I
,
,
, I
(B)
, I
II
, I
I'
I'
! I
An
area of encroachment into a portion of the
City's right-of-way known as Regency Drive
,
1 :
shown on that certain plat entitled: "Proposed
Location of New Emerald Point Sign" dated 5-7-
I
, ,
signs
location
to
show
the
93
and
the
undeveloped utility service connection
within
I'
I,
, ,
I:
Ii
-2-
as
approval
described
'I
I
I
the
right-of-way,
copy
of which has been
a
submitted to the Grantor with
an
Application
for Encroachment dated June 17, 1993 and which
I,
I,
,
!
I
II
,I
, I
I
I
is attached hereto as Exhibit "B" and to which
.
1S
reference
made
for
more
particular
a
description.
It is further expressly understood and agreed
that
the
temporary
herein
encroachments
authorized
shall terminate
upon notice by the Grantor to the Grantee,
and
that
within
I
'I
:'
I
,
II
II
, I
!i
r¡
I!
II
, I
¡ :
I
Ii
'I
I ¡
I;
Ii
! .
: i
thirty
(30)
days after such notice is given, such temporary
encroachment shall be removed from
City's
the
right-of-way
known
as
Regency Drive by the Grantee; and that the Grantee
shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
Grantee 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
I
, .
attorney's fees in case it shall
be
file
to
necessary
or
Ii
, ,
defend
action
due
to the location or existence of such
an
I
I'
'I
II
¡
I!
,
temporary encroachments.
It is further expressly understood and agreed
that
the
,
I'
Signs
shall
be built substantially as shown on the Exhibits
I
II
Ii
I ¡
,I
submitted to the Grantor with the application dated June
17,
1993.
I
, ,
:
,
is
It
further
expressly
understood
and
agreed that
nothing herein contained shall be construed to
enlarge
such
I
¡
permission
authority
and
permit
maintenance
to
the
or
,
, I
, ,
I ¡
I'
I
-3-
Ii
I
I
I
I
II
construction of any
encroachment other than
that
specified
herein
the
limited extent specified herein, nor to
and
to
permit
maintenance
the
and
construction
of
any
other
encroachments
other
than those shown on the above described
,
I
I'
I
I.
Ii
I'
11
II
I'
I'
II
II
I
I.
!I
I!
II
:
I ~
I,
I'
,I
I'
I'
I
plat.
It is further expressly understood and agreed
that
the
maintain
said Signs so as not be become
Grantee
agrees
to
unsightly or a hazard.
Grantee further agrees to obtain the
necessary
permits
from
the
Development
Services Center prior to construction
within the right-of-way.
It is further expressly understood and agreed that prior
insurance
to
Highway
of
permit,
the
Grantee
or its
a
contractor must post a Performance Bond
and
show
proof
of
public
liability
insurance
a
minimum of Three Hundred
of
Thousand Dollars ($300,000.00).
I'
! ¡
"
"
I¡
,I
1/
"
II
II
II
II
I
"
I;
I
I
II
Ii
r
I
I'
I!
,
I
'I
I'
It is further expressly understood and agreed
that
the
encroaching
Sign
Exhibit
shown
"A" and "B"
shall not
on
shall not exceed thirty-two (32) square feet per face,
shall
not
exceed
two (2) faces, shall not exceed twelve (12) feet
above the natural grade at the curb, and the
base
shall
be
landscaped
provided
by
Virginia
the
Beach
Zoning
as
Ordinance.
It is further expressly understood and agreed
that
the
Grantor, upon revocation of such authority for either or both
Signs and thirty (30) days notice to the Grantee, may
remove
Ii
II
I
"
such
encroachments
and
charge the cost thereof to the
any
I
, I
'\
! I
-4-
I
,
II
, I
, I
"
,
I'
¡:
Grantee, and collect the cost in any
manner
provided
bylaw
I for the collection of local or state taxes; may require the
I
II Grantee to remove such tempora~ encroac~ents; and after the
thirty
( 30)
day
notice
period, the Grantor may charge the
Grantee compensation for the
I
"
use
of
such
portion
of
the
I! City's right-of-way encroached upon the equivalent of what
Ii would be the real property tax upon the land so occupied if
I! it were owned by the Grantee and if such removal shall not be
¡I
it made within the time specified above, the City may impose a
I! penalty
in the sum of One Hundred Dollars ($100.00), per day
,:
I
I;
,
I
for each and every day that such encroachment is
allowed
to
continue thereafter, and
shall collect such compensation and
II penalties in any manner
I;
I local or state taxes.
Ii
Ii
"
I
I IN WITNESS WHEREOF, the said NEW REGENCY HILLTOP
II
I'
ASSOCIATES, L.P., a Virginia Limited Partnership has caused
provided by law for the collection of
I:
I
I
II this Agreement to
I:
¡I its behalf by an authorized representative
II
Ii authority to act on behalf of the limited partnership.
"
il
I Further, that the City of Virginia Beach has caused this
be executed in its corporate name and on
with
due
I. Agreement to be executed in its name and on its behalf by its
Ii
I! City Manager and its seal be hereunto affixed and attested by
I'
I
I
:1 its City Clerk.
I
I
I
! I
I!
II
, I
I:
I
I
I.
I
I
-5-
.,--
~
~
..9~
O~ð
.,I;j
"
()
. ,\ -
f' ""IIIOI;ICI
I QtU. 5101 CT
: 3 SU CIM CI
I . &I~rl$ØII
\ : ::~~~
1 "U 111(1 CT
I IIIICIIIßII tillS
, posr (.Iuo. 11\1
'I IOU. I(ISO.S t'l
!
~
LOCATION
MAP
I'
I ¡
'I
I,
I
I,
I
¡
CITY OF VIRGINIA BEACH
BY:
City Manager/Authorized
Designee of the City
Manager
I
I
II
I'
,
I (SEAL)
!i ATTEST:
I;
"
II
i\ CITY CLERK
I!
II
II
I:
'I
¡
II
NEW REGENCY HILLTOP ASSOCIATES,
L.P., A VIRGINIA LIMITED
PARTNERSHIP
1\
I:
By:
Partner
'I
: I
I
I
I'
J.?
t> ~ ~~4 L "( 'Þ'2.. D v ~ \) 1'\-
(TITLE)
I'
I
,
"
I i STATE OF VIRGINIA
I
CITY OF VIRGINIA BEACH, to-wit:
, ,
': I
II for th~ City and State
I' , CITY
¡: CITY MANAGER PURSUANT TO
!¡ whose name is signed to
! I on the - day of
!: the same before me in my
,
'I
;
I
, a Notary Public in and
aforesaid, do hereby certify that
MANAGER/AUTHORIZED DESIGNEE OF THE
SECTION 2-154 OF THE CITY CODE,
the foregoing Agreement bearing date
1993, has acknowledged
City and state aforesaid.
GIVEN
under my
, 1993.
hand
this
day
of
I'
II
Ii
I,
;,
I:
, ,
Notary Public
,..".
,
I
My Commission Expires:
, I
-6-
APPROVED AS TO LEGAl]
SUFFICIENCY AND FORM
'D, s: ~
CITY AT ORNEY
....
I:
I:
II
"
,I
II
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 , 1993, has acknowledged
the same before me in my City and State aforesaid.
I
I
¡
I!
II
II
II
¡:
II
I ~
GIVEN
under my
, 1993.
hand
this
day
of
Notary Public
.. .
My Comm~ss~on Exp1res:
i
III' STATE OF VIRGINIA 1'¿-~1J5 ;/LU Tf t<.-': t1
II CITY OF VIRGINIA BEACH 1 to-wit: /' It I L- TI
II ~ ,/1 G
:: I C AIt,.vc I~ f H;..cU ~ 4- L/ a Notary Pub 1 ic in and
" L ,
!i for the City and State aforesaid, do hereby certify that
I, 5í-¿Vê/'J /t f3E;C.Ó t.-7'L/ , whose name is signed to the foregoing
¡! Agreement bearing date on the 13 day of ~ v c;. u !;- -(- ,
;1 1993, has acknowledged the same before me in my City and
II State aforesaid.
! I
I'
, ,
! I
GIVEN
1993.
under my hand this
/~3
day of
./', I/,Ir-
/I'-',-v....>/
,
,
Ii
~ ~~~~
Notary Public ~ r-
,
: I
II
,: M C . . E.
;, y Om.m1ss~on xp1res:
I'
:,+ ~ /9iÇ-
f ¡ ,
¡ 1 s11/ docsjberger. agr
II
II
NOT AAIAI.. SeAL.
eLAINE M GAI,.LOWAY Notary Public
City of Phllacelpnla Ptl/fa County
My Commission E'(::lIres Sect 4 1995
I
I'
I
I
¡ ,
, ¡
I'
I
II
I'
-7-
I'
,I
i'
~~eN
L1P
"""""1 1 ';;-.q-:- ,-:r:--r,'::¡pf'1 Eq:~:-GÇ-R g- I-Ol1P':¡f'4YITEPhENSDI'o!
I ,.., I .-. - -' ,-,-,' 1:.1.... -' - -
J '-
. EXHIBIT "An
BØ4 4 9Ia Øt; 34
,.
,
~
~U~ï1~ ~F
~~~ ;
II ~~'-C' f??' Nï ~J N 11
. .
. ~
N /JŒ vaw L1ÆH r' R'JL£ TÐ ~
EE A tr~~ RJI! ~
}l)J V e~ 7Z' EiJJA.f / IJÆTl!: ~ :
NE1V !51f!¡).j. -a
..-..
):,
~
x:
.... .~
.m
~
~ 1;'
\1\ 1'i
-
~ B
~
Q
~
-
~
{t(
r-........
8-
, A-
I
~.
~~
I
.. - ,. '"
, .
. 4 .
. - n. .
.
.
. . ~
. . "
. . .
. t~......,.
- . ,..., . ~.
. -.. '. "/
. ,. e. .
e ..
.., ..
.. .. ..."
. .
" . ..
, . . .
.' .. '. . .
.
..
..
.- -
~ ~<2tN 1Z:>
Ðe re¡seN~D
P.3)J
I
I
I
~
~
~
~
~
1:
%.
\1
f
i
~5
.
~ ~-nD~
d)F
Ne\~ ~C&i'-lDA~Y ~M~f<!,A.f-D ~~'-' ~ø.N'
'-/ 1 ~ t ,..J IA e~C~ I V, ~ J N lA.
f
"~l~~ -~~~ c A~~-r-J~~
TOTAL P. Ø3
~ I
~t.~
? -7- ~~
-
T~.~ --R ~I: ~ V; ~'t~ì -- ,\8' -. ~\v \~~ '- ~"~-:?3
. .. "r ~ 1'1' 0 i.\. 1) .. r:: I
~:- ,(.¡- . t \~. . \F¡". ,t¡o .' \,
, .J . .
~ ,.~. _.;; -- -~ . ~ ~ . - ~ --:.~ - ~\ ~ -" 417. 70' "/ - - ~~.
- \~.
- - ~ '-- - ~ T :3ri'1 J -.
- ~\ ~~~\:- \.4:; ~~~~~~. -"$.:P1 . ~~:~ ':'
. ~ t\.'J/ ~. ~ \ ~ \ ,. ,
. ~~' . ~ '\, ~'~. " . fREMOVE :!: 25 L.E OF I
.'~ \\-' ~v '! (\.I ')~
~b-'-"-= - 'F J ~ .sIGN 1l'?Þ TC ¡ 3.68
r-=:¡: ~~':" ,.n ,..,. ~'#' IZ"t./ --~~
\tr~ 1 ~ '. . tJ \ , .
~~- of! - . N . . -; R£GENCY DRIVE
. ~~ t.~/ ...f.I)¥. (SO' R/W) A
-\%~ ~ v'9 ~~;.,^ u~ ~"<V' ",\ ~ ~ . ~ip1 I'
\,,' A ~\J:' . : 'If' \V ~~ ,.. ~
- 1Á~~ 7~~ .~ . R~ :t ~8 So ~ OF PA~MENT
= , n _°- - .,.' .,<. ~ - "'------ ~. 1ilffE:t ð~~- . -, .
-:--;-". .~.. --'.. . þ ~~ . ~ " ..r.~" . . .' . ,.
::!::::::' -= ~,~ .~. '. . i~< ' I =1 ~ :"
. . . ,~. . I
- - ~~oy'. :: ~J2r. - ;;% - ~ER~~g~~A$-.p---
~ÝA.~\. "'\1' "')v ,~/" ~, (\ I
7\" ~'i f)Ø;{' ~ \~y \'7 0/>'
,t.' $~ ~~.~ ..' b~ . ~~
. oJ4( ./.~#:..)j~tKING CHARLE~:~~ I'
v~~ ~ ~ ~~~~~. I COURT' ~~ ~ ~
-~. "~¡'~
-----'-' 'A~;=~~ e.~ "" ~ ../
N4'é: VffCO l/ðl/l FLU 70 IX .ffC('./=ëc;E:D
Æ1fl ¡OlVER Tl) D tlJ,~41N.47L ¡Y£lV
1: -.I?J ~ /,
-,
...~
,t.,."
fY~~ '~O~
~~
,
J4ç:.,'-" ~,tv~-y ~)Ý~f2,Ä~~ ~lC'~ ~l~N
~ l";-r3V "J\~\N t~ ~AC\4 I "\~U'-J(A...
~"f..,??? ,\1.H.~~.~fZ... ~~fI~~N~N ~ A';~À~5
I
EXHIBIT "B"
ro \r,(
- 19 -
Item IU-/f.9.
CONSENT AGENDA
ITEM # 37141
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to Charge-Off delinquent accounts of the departments of
Public Utilities, Public Works', Police, Planning, General Services,
Information Technology and General Registrar totalling $306,394.80
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wzllzam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
August 24, 1993
----
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
1
2
AN ORDINANCE TO CHARGE-OFF
DELINQUENT ACCOUNTS
3
WHEREAS, it is standard accounting procedure to allow for a charge-off
4
of uncollectible accounts, and
5
WHEREAS, an earnest and diligent effort has been made by city
6
departments to collect their overdue accounts, and
7
WHEREAS, the following accounts which total $306,394.80 are deemed to
8
be uncollectible:
Public Utilities:
FY88-89 Water Usage/Sewer Maint. Bills. . . .
Invoices for Services and Inspections. . .
Public Works'
Traffic..... ...... ...... .....
Refuse ..... ....... ......
Highways ..... ........ .....
Police:
FalseAlarms ...................
AnimaIControl....................
Planning. .... .... ......
General Services:
Telecommunications
Information Technology. . . . . . . . . . . . . .
GeneraIReglstrar..... ....... .....
TOTAL
.. $258,637.11
.. 13,257.60
. ..
29,686.54
. 1 ,850.17
658 88
. . . . .. ... 625.00
.. ..1,151.00
. . . 4 1 6 00
6875
. .. .. 30.00
. .. . 1375
$306.394.80
NOTE' The individual invoices are available for City Council review
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that $306,394.80 of accounts receivable as represented above to be
charged-off as uncollectible accounts as of June 30, 1993
Adopted by the City Council of the City of Virginia Beach, Virginia on the
24
Augsut
, 1993
Af'P~1D AS TO~!. ,T5,;/
\:1[{[ Lt (~¿L {I \ ,-- ~JiL{/I;L
, SIG¡~ATU¡;E I
" /1 ¡ ~'ll / ) i (
DEPt,:; r¡,~.=r IT
day of
APPROVED AS TO LEGAL
1 SUFfiCIENCY AND FORM
j , ( l1Q--" 1\((^-I-
CITY ATTORNEY
--
- 20-
~
CONSENT AGENDA
ITEM # 37142
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance authorizing Tax Refunds in the amount of $1,785.44 upon
application of certain persons and upon certification of the City
Treasurer for payment.
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay'
None
Council Members Absent:
John D. Moss
August 24, 1993
FORM NO C A 7
8/9/93
EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME
Tax
Year
Type
of Tax
Ticket
Number
Exonera-
tion No.
Date
Paid
Penalty
Int.
Total
Calvin & Virgilia Childress 93 RE(1/2) 20530-5 11/18/92 17.44
Douglas R & Dorothy Knab 93 RE(2/2) 63401-1 7/21/93 65.44
Richard & Geraldine Meyers 93 RE(1/2) 77600-0 11/25/92 218.92
Richard & Geraldine Meyers 93 RE(2/2) 77600-0 6/5/93 218.92
Richard & Geri Meyer 92 RE( 1/2) 76663-7 12/4/91 218.92
Richard & Geri Meyer 92 RE(2/2) 76663-7 6/1/92 218.92
Susan Constant Real Estate Tr 92 RE ( 1/2) 112221-5 11/12/91 103.55
Susan Constant Real Estate Tr 91 RE(I/2) 111698-2 11/8/90 98.04
Susan Constant Real Estate Tr 91 RE(2/2) 111698-2 11/8/90 98.04
Walter & Evelyn Smith 90 RE(2/2) 105948-3 7/30/93 488.25
Louis F Miller Jr N/A Pkng 415256 6/21/93 12.00
Robert Hofheimer N/A Pkng 419442 7/7/93 10.00
Phyllis T Porter N/A Pkng 361406 7/20/93 10.00
Christopher J Cassa 93 Dog V22500 6/10/93 7.00
Total
1,785.44
This ordinance shall be effective from date of adoption.
The aï07~~b~lement(s) totaling
~, . were approved by
the Council of the City of Virginia
Beach on the~~ day of August, . 1993
Approved as to form.
Ruth Hodges Smith
City Clerk
- 21 -
Item III-H 11
CONSENT AGENDA
ITEM # 37143
Upon motion by VIce Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance authorizing License Refunds in the amount of $3,148.90
upon application of certain persons and upon certification of the
Commissioner of the Revenue for payment.
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
John D. Moss
August 24, 1993
FORM NO CA 8 REV 31116
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
Year
Date
Paid
Base
Penalty
Int.
Total
Business Communications Systems
P.o. Box 12721 1992
Roanoke, VA 24028
Audit
585.57
585.57
CMA Construction Company Inc.
P.O. Box 62023 1991-92
Virginia Beach, VA 23462
Audit
705.09
705.09
Copeland, Patricia A.
T/A Panache
3404 Harrow Cross
Virginia Beach, VA 23452
1990-92
Audit
41.68
41.68
Certified as to Payment
-? 7 ~~
/L//¥=-
~obert P Vaughan'
Commissioner of the Revenue
Approved as to form
L~l
City Attorney
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 1,332.34
were approved by the Council
of the City of Virginia Beach on the
24
day of
August
, 19
93
Ruth Hodges Smith
City Clerk
FORM NO CA 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
Crane, Bonnie W. & Ralph B.
T/A Village Barber Shop 1992 Audit 21.11 21.11
1901 Blue Knob Road
Virginia Beach, VA 23464
David A. Miller, Jr. PC 1992-93 Audlt 635.42 635.42
605 Lynnhaven Pkwy., SlOO
Virginia Beach, VA 23452
Discount Auto Sound Inc. 1992 Audit 429.38 429.38
T/A Discount Auto Sound
423 S. Lynnhaven Road
Virginia Beach, VA 23452
Edelheit, Donald C., Dr. 1992 Audit 540.90 540.90
414 Sinclair Street
Norfolk, VA 23505
Certified as to Payment
----~
. ,// ~
~~ /'
L---Robert P Vaughan
Commissioner of the Revenue
Approved as to form
rdc~'cY~
eshe L LIlley ~
CIty Attorney
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 1,626.81 were approved by the CounCIl
of the City of Virginia Beach on the 24 day of August , 19
93
Ruth Hodges SmIth
City Clerk
FOAM NO C.A. 8 REV 3'86
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
Year
Date
Paid
Base
Penalty
Int
Total
Interior Motives of Va. Beach Inc.
1249 Hartford Drive 1991
Virginia Beach, VA 23464
Audit
59.78
59.78
Specialty Products Sale Co. Inc.
4116 Duncannon Lane 1990-91
Virginia Beach, VA 23452
Audit
22.15
22.15
Wickline, Amherst H., Jr.
T/A A H Wickline
2244 Branch Drive
Chesapeake, VA 23321
1992-93
Audit
107.82
107.82
CertifIed as to Payment
Approved as to form
~y~
CIty Attorney
This ordinance shall be effective from date of
adoption
The above abatement(s) totaling $ 189.75
were approved by the Council
of the City of Virginia Beach on the
24
day of
August
19 93
I
Ruth Hodges Smith
City Clerk
- 22-
Item III - L
RECOGNITION
ITEM # 37144
Mayor Oberndorf recognized the following Scouts in attendance during the City Council Session to earn
their merit badges:
TROOP 419
J(jngs Grant PresbyterÜln Church
Matthew HUlleman
Dan Hebner
TROOP 985
Brian Coleman
August 24, 1993
- 23 -
i1uJL.lll:::LL
RES OL UTI 0 NS / ORDINANCES
ITEM # 37145
The following spoke re the REAPPORTIONMENT CONCEPT OPTIONS:
Terry Elliott, 3888 Dawley Road, Phone: 721-0291
John O. Parmele, 1316 Yawl Point, Phone: 481-1259
Sheldon Corner, 3215 Susan Constant Drive, Phone: 428-1731
Al Strazzullo, 3120 Sandpine Road, Phone: 481-0024
Captain Les Fenlon, 2224 Scallop Road, Phone. 481-2501, represented the Great Neck Association of
Civic Leagues
Colonel Robert Engessor, 5290 Vestry Drive, Phone: 490-3157
Helen Shropshire, represented Cyndy Bourquard - League of Women Voters, 253 West Freemason Street,
Norfolk, Phone: 627-3396 and read her letter as Mrs. Bourquard had to leave.
Lee Banks, 1901 Jack Frost Road, Phone: 464-4023
Maurice B. Jackson, 1125 Ditchley Road, Phone: 23451
Lou Pace, 1908 Hunts Neck Road, Phone: 468-0925
Bea CoBell, 2528 Hunting Horn Way, Phone: 486-6564
Terrence P. Fahey, 505 General Gage Road, Phone: 499-9342
Everett G. Johnesee, 3125 Basin Road, Phone: 496-2468, President of Lynnhaven Colony Civic League
R. S. Poole, 1953 King William Road, Phone: 464-5918
Herb Taylor, 3325 Sandpiper Road, Phone: 426- 7286, represented the Sandbridge Civic League and
spoke in favor of the entire Sandbridge area being included in the Pungo/Blackwater Borough and thus
having only one representative.
E. George Minns, President - NNACP, Post Office Box 4548, Phone. 457-0737
Attorney Bernard T. Holmes, 1201 Lake James Drive, Phone: 424-1909
The City Clerk read into the record correspondence from Councilman Moss in SUPPORT of the OPTION
2 - 7 District - 4 At Large Plan. Said letter is hereby made part of the record.
August 24, 1993
- 24-
~
RES OL UTI 0 NS / ORDINANCES
ITEM # 37145 (Continued)
A MOTION was made by Councilman Lanteigne, seconded by VIce Mayor Sessoms to ADOPT, AS
REVISED, a Resolution for modifying the existing Electoral Plan by dividing Kempsville Borough into
two (2) Boroughs and consolidating Pungo and Blackwater Boroughs (Entire Sandbridge area shall be
included in Pungo/Blackwater Borough) AND, Proposed Charter Amendment to Sections 3.01 and 3.02:1
of the Charter of the City of VIrginia Beach, VIrginia, re Division of the City into Boroughs and Council
Elections. (OPTION 1: Modified 7-4 Plan)
A SUBSTITUTE MOTION was made by Council Lady Parker seconded by Councilman Dean to ADOPT,
AS REVISED, Resolution dividing the City into seven (7) equally populated single-member Districts with
three (3) members and the Mayor elected At Large; AND, Proposed Charter Amendment to Sections 3.01
and 3.02:1 of the Charter of the City of VIrginia Beach, VIrginia, ADDING Section 3.02 re Division of
the City into Districts and Council Election with division of boundary lines not to fragment
neighborhoods. (OPTION 2: 7 District - 4 At Large Plan)
Voting:
4-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
James W. Brazier, Jr., Robert K Dean, 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, Paul J. Lanteigne and VIce Mayor WIlliam D. Sessoms, Jr.
Council Members Absent:
John D. Moss
August 24, 1993
- 25-
~
RES OL UTI 0 NS / ORDINANCES
ITEM # 37145 (Continued)
Upon motion by Councilman Lanteigne, seconded by VIce Mayor Sessoms, City Council ADOPTED, AS
REVISED:
Resolution for modifying the existing Electoral Plan by dividing
Kempsville Borough into two (2) Boroughs and consolidating Pungo and
Blackwater Boroughs (Entire Sandbridge area shall be included in
Pungo/Blackwater Borough)
AND,
Proposed Charter Amendment to Sections 3.01 and 3.02:1 of the Charter
of the City of VIrginia Beach, VIrginia, re Division of the City into
Boroughs and Council Elections. (OPTION 1: Modified 7-4 Plan)
Voting:
6-4
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R.
Jones, Paul J. Lanteigne and VIce Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Robert K Dean, Mayor Meyera E. Oberndorf and
Nancy K Parker
Council Members Absent:
John D. Moss
August 24, 1993
1
2
3
4
5
6
7
8
9
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
37
A RESOLUTION PROVIDING FOR A REFERENDUM ON THE
QUESTION OF WHETHER THE GENERAL ASSEMBLY
SHOULD BE REQUESTED TO AMEND THE CITY'S
EXISTING COUNCILMANIC ELECTORAL PLAN TO
PROVIDE FOR CONSOLIDATION OF THE LEAST
POPULOUS BOROUGHS OF BLACKWATER AND PUNGO INTO
ONE (1) BOROUGH WITH ENLARGEMENT OF THE
CONSOLIDATED BOROUGH, GENERALLY, NORTH TO THE
"GREEN LINE" AND ALSO NORTH TO THE
NORTHERNMOST BOUNDARY OF THE SANDBRIDGE
COMMUNITY, AND TO PROVIDE FOR DIVISION OF THE
MOST POPULOUS BOROUGH OF KEMPSVILLE INTO TWO
(2) BOROUGHS.
WHEREAS, pursuant to the existing Charter of the City of
Virginia Beach, the City is divided into seven (7) boroughs based
on the geographic boundaries of the boroughs of old Princess Anne
County and the former City of Virginia Beach as of 1966, without
regard to population;
WHEREAS, pursuant to the existing Charter, city Council
consists of eleven
including the mayor,
one
(1)
members,
(11)
member elected by the City at large from among the residents of
each of the seven (7) boroughs, and three (3) members and the mayor
elected by and from the city at large;
WHEREAS, the population of the seven (7) boroughs of the
city of Virginia Beach as of the 1990 U.S. Census was approximately
as
follows:
Bayside
73,557;
Blackwater
Beach
966;
9,275;
Kempsville 144,393; Lynnhaven 92,692; Princess Anne 63,708; and
Pungo 3,478;
WHEREAS, the City Council has undertaken an extensive
review of the existing councilmanic electoral plan;
WHEREAS, as part of its review, City Council encouraged
participation and involvement in the review process by its citizens
and by representatives of
including,
but not
interest groups
limited to, minorities and civic leagues;
WHEREAS, City Council solicited alternative plans from
citizens
services
a
interest
engaged
of
the
and
groups,
professional firm to study both the existing electoral plan and
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
certain alternative plans to determine whether such plans would
comply with applicable provisions of federal and state law;
WHEREAS, City Council conducted public hearings on April
20, April 27, May 4, and May 26,1993, to enable interested parties
to comment on the existing councilmanic electoral plan, and on the
proposed alternative plans which were submitted in response to
Council's solicitation;
WHEREAS, based on its review of the existing plan, and of
alternative plans submitted by interested parties, City Council is
of the opinion that the existing electoral plan should be amended
as follows:
(i) by consolidation of the least populous boroughs of
Blackwater and Pungo with enlargement of the consolidated borough,
generally, north to the "green line" (the boundary south of which
the City is primarily agricultural and,
in accordance with the
Comprehensive Plan, public funding is not available to support
urban-type development) and also north to the northernmost boundary
of the Sandbridge community; and
(ii) by dividing the most populous borough of Kempsville
into two (2) boroughs; and
WHEREAS, City Council is also of the opinion that the
voters of the city of Virginia Beach should be asked to decide
whether the Council should request the General Assembly to amend
the city's existing electoral plan as provided herein;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1.
That
Circuit
City
is
hereby
the
the
Court
of
requested to order an election pursuant to sections 15.1-834 and
24.1-165 of the Code of Virginia of 1950, as amended, to be held on
November 2, 1993, to determine if the qualified voters of the City
desire the City Council to request the General Assembly to amend
the City's existing councilmanic electoral plan to provide for
consolidation of the least populous boroughs of Blackwater and
Pungo into one (1) borough with enlargement of the consolidated
borough, generally, north to the "green line" (the boundary south
2
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
of which the city is primarily agricultural and, in accordance with
the Comprehensive Plan, public funding is not available to support
urban-type development) and also north to the northernmost boundary
of the Sandbridge community, and to provide for division of the
most populous borough of Kempsville into two (2) boroughs.
2 .
That the boundaries of the newly-created boroughs
shall be in substantial conformance with the map and plan attached
hereto as Exhibit A.
3.
The question for the public ballot shall read as
follows:
Should City Council request the General
Assembly to amend the ci ty I S existing
councilmanic electoral plan (i) to provide for
consolidation of the least populous, primarily
rural, boroughs of Pungo and Blackwater into
one borough and to include in this
consolidated borough the entire Sandbridge
communi ty and. generally that part of the
southernmost portion of the borough of
Princess Anne which is primarily rural; and
(ii) to provide for division of the most
populous borough of Kempsville into two
boroughs?
4.
If the qualified voters of the City vote in favor of
such request, the Mayor shall provide for the transmittal of two
(2) certified copies of the results of such election together with
the publisher's affidavit and the proposed amendments to the City's
Charter to one or more members of the General Assembly representing
the city with a request that the General Assembly amend the Charter
in the manner provided in section 15.1-834.
Adopted by the Council of the City of virginia Beach,
24 August
Virginia, on the day of , 1993.
CA-5255
ORDIN\NONCODE\MOD7-4.RES
R-10
PREPARED: August 26, 1993
.
.
3
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
OPTION 1
MODIFIED & 7-4 PLAN
1
2
3
4
5
6
PROPOSED AMENDMENT TO THE CHARTER OF
THE CITY OF VIRGINIA BEACH,
VIRGINIA, BY AMENDING SECTIONS 3.01
AND 3 . 02 : 1 , PERTAINING TO THE
DIVISION OF THE CITY INTO BOROUGHS,
AND COUNCIL ELECTIONS
7
Division of city into boroughs; composition of council.
Sec. 3.01.
8
The city shall be divided into seven ill boroughs.
One
9
of such boroughs shall comprise the City of Virginia Beach as
existing immediately preceding the effective date of this Charter
and shall be known as the borough of Virginia Beach~ aftà ~The
remaining six iQl boroughs shall comprise the six 1&1 magisterial
districts of Princess Anne County as existing immediately preceding
the effective date of this Charter and shall be known as the
boroughs of Bayside, Blackwater, Kempsville, Lynnhaven, Princess
Anne (formerly known as Seaboard) and Pungo; provided. however.
that
effective
1996.
the
borough
of
most
populous
July
1.
Kem sville shall be divided into two
2
borou hs to be known as
the boroughs of North Kempsville and South Kempsville. the least
populous boroughs of Pungo and Blackwater shall be consolidated
in... t 0 one W þorougþ
Pun 0 Blackwater and the
shall be enlaraed
:Jcnown
þorougþ
ot:
to
þe
as
tþe
consolidated borou h of Pun 0 Blackwater
in accordance with the boundaries established by
~inance pursuant to suþsection ~s section.
The council
shall consist of eleven illl members, including the mayor, one ill
member to be elected by the city at large from among the residents
of each of the seven 111 boroughs and three idl members and the
mayor to be elected by and from the city at large.
1QL
The precise boundaries of the North Kempsville.
South Kem sville and Pun 0 Blackwater borou hs shall be established
by ordinance in 1994.
Sec. 3.02:1.
Election of oouncilmcn councilmembers.
III
At the general election held in May of 1996. the
qua~ voters oL..t.he c:lty s~ect one W memþer ¡rom each
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
of the borou hs of Princess Anne
Pun 0 Blackwater
vir inia Beach
and
whichever
or
Kempsville
borough.
North
South.
becomes
unre~resented
establispment
result
of
the
o~he
as
a
new
boroughs. the at large member whose term expires on June 30. ¡996.
and the mayor.
Thereafter. all council elections shall be held in
accordance with the schedule set forth in subsection
b
of this
section.
1.Ql
There shall be a general election on the first
Tuesday
in
years
in
election
even-numbered
for
May
the
of
councilmen councilmembers to replace those whose terms expire at
the end of June of that year.
The term of off ice for each
councilman councilmember shall commence on July 1 next following
the date of election and shall continue until his successor has
been duly elected and qualified.
All councilmen councilmembers and
the mayor shall be elected for terms of four il.L years.
Each
candidate shall state, at the time of filing, whether he is running
at
borough
his
residence
or
for
large
from
the
of
mayor.
Candidates for council shall be nominated only by petition in the
manner prescribed by general law.
1£l.
~hstandjng tþe prov~ions of suþsections (gl
and
b
of this section
the member from the Pun 0 borou h who is
elected for a term of office commencinq July 1. 1994. shall serve
L-term of two
¡n adJtition.
tþe memþer
from tM
w
years.
Kempsville borough who is elected for a term of office commencing
July 1. 1994. shall continue to serve as representative of either
the North Kempsville or South Kempsville borough.
from July 1.
1994.
to June 30.
de~ending on the borough in which he
1996.
resides.
Adopted by the Council of the City of Virginia
Beach, Virginia on the
24
August
day of
, 1993.
CA-5255
ORDIN\NONCODE\MOD7-4.0RD
R-3
DATE: August 18, 1993
2
Modified 7/4 Plan C -Sub 1
EX
IBIT A
L
Exhibit A
Modified 7/4 Plan C-Subl
IDEAL POPULA TION FOR EACH DISTRiCT
56,153 PERCENT
DEVIATION OF
IDEAL POP OF
TTLPOP 56,153
DISTRICT
.
Bayslde 73,557 30.99°/("
Beach 9,275 -83 48°/("
Kempsville North 57,937 3.18%
Kempsville South 86,541 54.12%
Lynnhaven 92,692 65.07%
Princess Anne 65,008 15.77°/(\
Pungo/Blackwater 8,059 -85.65%
Total 393,069
All population statistiCS are based on complete 1990 U.S. Census blocks. Existing borough boundanes do
not follow 1990 Census blocks because the exlstmg borough boundarIes predate the 1990 Census and the 1990
Census blocks did not fol1ow borough boundaries. Where an existmg wstoncal borough boundary cuts through a
complete Census block, the population WIthIn the split Census block has been included for statistical purposes m
\
whichever borough It IS estmwted holds the majonty population of the splIt block.
Modified 7/4 Plan C-Subl
RACE PERCENTAGE OF ITLPOP
~ PER DISTRICT
DISTRICT
TTLPOP
% WH ITE
WHITE OFTTLPOP
% BLACK
BLACK OF TTLPOP
% NATIVE
NATIVE OF TTLPOP
% ASIAN
ASIAN OF TTLPOP
% OTHER oAt hasp
OTHER OF TTLPOP HISPANIC OF TTLPOP
.
Bayside 73,557 56,515 76.83O/( 13,657 18.57°/(1 260 0.35% 2,200 2.99% 925 1.26°/~ 2,611 3.55°/(1
Beach 9,275 8,558 92.27% 567 6.11 % 39 0.42% 66 0.71% 45 0.49°j(¡ 191 2.06°/(
Kempsville Nonh 57,937 49,567 85.55% 5,416 9.35°/(1 217 0.37°1c 2,403 4.150/r 334 0.58°j(¡ 1,317 2. 270/(
Kempsville South 86,541 62,771 72.53 % 14,269 16.49°/(1 267 0.31 °/(; 8,359 9.66% 875 1.010/", 3,162 3.65%
Lynnhaven 92,692 79,924 86.23% 10,350 11. 17% 276 0.30% 1,542 1.66°/" 600 0.650/", 2,252 2.43%
Princess Anne 65,008 52,071 80.10% 9 ,468 14.56°j(,¡ 285 0.44% 2,385 3.67% 799 1.230/(1 2,558 3.93%
Pungo/Blackwater 8,059 7,002 86.88% 944 11 .71 oj(¡ 40 0.50% 70 0.87°1c 3 0.040/0 46 0.57%
Total 393,069 316,408 54,671 1 ,384 17,025 3,581 12,137
.
All population statistics are based on complete 1990 U.S. Census blocks. Exlstmg borough boundanes do
not follow 1990 Census blocks because the exIstmg borough boundanes predate the 1990 Census and the 1990
Census blocks did not follow borough boundanes. Where an exlstmg histoncal borough boundary cuts through a
complete Census block, the population WIthIn the split Census block has been mcluded for statistical purposes 1ß
\
whIchever borough It IS estimated holds the maJonty population of the split block.
Modified 7/4 Plan C-Sub 1
DISTRICT POPULA TION BY RACE BREAKDOWN
DISTRICT
TTlPO P
WHITE
BLACK
NATIVE
ASIAN
OTHER
OVR18
TTlPOP
OVR18
WH ITE
OVR18
BLACK
OVR18
NATIVE
OVR18
ASIAN
OVR18
OTHER
OVR18
HISP
HISP
¡ .
Bayslde 73,557 56,515 13,657 260 2,200 925 55,284 43,388 9,522 207 1,546 621 1,746 2,611
,Beach 9,275 8,558 567 39 66 45 7,946 7,391 433 33 52 37 151 191
Kempsville North 57,937 49,567 5,416 217 2,403 334 42,798 36,971 3,669 154 1,774 230 907 1,317
Kempsville South 86,541 62,771 14.269 267 8,359 875 56,713 41 ,994 8,798 176 5,250 495 1,906 3,162
ILynnhaven 92,692 79,924 10,350 276 1,542 600 70,437 61,630 7,071 204 1,114 418 1,541 2.252
: Pnncess Anne 65,008 52,071 9,468 285 2,385 799 43,795 35,378 6,061 207 1,625 524 1,645 2,558
'Pungo/Blackwater 8.059 7,002 944 40 70 3 6.209 5.323 803 32 50 1 I 37 46
¡ Total 393,069 316,408 54,671 1 ,384 17,025 3,581 283,182 232,075 36,357 1,013 11,411 2.326 7,933 12,137
I
AIl populatIon statIstICS are based on complete 1990 U.S. Census blocks. Exlstmg borough boundanes do
not follow 1990 Census blocks because the exIstmg borough boundaries predate the 1990 Census and the 1990
Census blocks dId not follow borough boundanes. Where an exlstmg h1stonc.aI borough boundary cuts through a
complete Census block, the population WIthIn the spht Census block has been mcluded for statIstIcal purposes m
\
wh.tchever borough It 15 estimated holds the maJonty populatIOn of the spht block.
- 26-
Item III -12.
RES OL UTIO NS /0 RDINAN CES
ITEM # 37146)
Lou Pace, 1908 Hunts Neck Road, Phone: 468-0925, spoke in OPPOSITION:
Upon motion by Councilman Jones, seconded by Vzce Mayor Sessoms, City Council ADOPTED, AS
REVISED:
Resolution requesting the SPORTS AUTHORITY of HAMPTON
ROADS assist in the financing of a horse racing facility in the City of
Vzrgznia Beach and related off-track betting facilities throughout
Vzrginia.
AND,
Inducement Resolution
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor William Ð.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
August 24, 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
37
1
2
3
4
5
6
RESOLUTION REQUESTING THE SPORTS
AUTHORITY OF HAMPTON ROADS TO ASSIST
IN THE FINANCING OF A HORSE RACING
FACILITY IN THE CITY OF VIRGINIA
BEACH AND RELATED OFF-TRACK BETTING
FACILITIES THROUGHOUT VIRGINIA
7
WHEREAS, at the direction of City Council, representatives of
8
the City of Virginia Beach, Virginia (the "City"), and Churchill
9
Incorporated have described to the Sports Authority of
Downs,
Hampton
"Authority")
Downs,
Churchill
Roads
(the
plans
for
Incorporated or an affiliated entity ("Churchill Downs") to develop
a horse racing facility at a site in the southern part of the city
(the
Track" )
betting
facilities
and
related
off-track
"Race
throughout Virginia at a total cost of approximately $58,000,000 to
be financed through a combination of public and private sources;
WHEREAS, the City and Churchill Downs have entered into an
Agreement of Intent for Churchill Downs to develop the Race Track
and the off-track betting
subj ect to obtaining a
facilities,
license from the Virginia Racing Commission, and for the City to
construct certain public improvements at its cost and to assist in
the financing of certain other improvements associated with the
Race Track,
including making up a deficiency in a debt service
reserve fund in connection with a bond issue; and
WHEREAS,
the
Authority
was
created
for
the
purpose
of
acquiring, constructing, equipping, financing, maintaining and/or
operating a public recreational and sports facility containing one
or more race tracks and related facilities, and has in open session
on August 13,
expressed its interest in the proj ect and
1993
willingness to perform.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That the Sports Authority of Hampton Roads is hereby requested
to participate with the City and Churchill Downs in the development
of the race track,
including acquiring and developing land and
issuing
in
estimated
bonds
amount
at
up
to
revenue
an
now
$17,800,000 to finance certain facilities of the race track and to
do all things appropriate to achieve these ends.
The Authority is
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
further requested as a first action in this regard to adopt as soon
as
practicable,
an
later
but
not
than
September
3,
1993,
"inducement resolution" in substantial conformity with that which
is attached agreeing to such participation.
BE IT FURTHER RESOLVED that the City Council agrees that such
agreement to participate by the Sports Authority with the City and
Churchill
participation
does
not
preclude
the
by
the
Downs
Authority in similar projects within the region.
BE IT FURTHER RESOLVED that the City Manager is authorized to
do all things necessary to provide for the reimbursement of the
Authority for out-of-pocket, non-contingent legal fees for general
counsel
associated with the development of documents
f or the
project not to exceed $15,000; to provide for City costs of bond
counsel
services
upon
and,
the
formal
for the
same purposes
agreement
participate
the
Authority,
by
the
to
carry-out
to
development of documents,
subj ect to
agreements and contracts,
final approval by the City Council.
Adopted
Council
Virginia
Beach,
City
the
the
24
of
of
by
August
Virginia, on the
day of
, 1993.
CA-5266
Noncode\Sports.Res
R-3
August 20, 1993
2
RESOLUTION OF SPORTS AUTHORITY
0 F HAMPTON ROADS
WHEREAS, representatives of the City of Virginia Beach, Virginia ("the City"), (and
Churchill Downs, Incorporated have) (has) described to the Sports Authority of Hampton Roads (the
"Authority") plans for Churchill Downs, Incorporated or an affiliated entity ("Churchill Downs") to
develop a horse racing facility at a site in the southern part of the City (the "Race Track") and related
off-track betting facilities throughout Virginia at a total cost of approximately $58,000,000 to be
financed through a combination of public and private sources;
WHEREAS, the City and Churchill Downs have entered into an Agreement of Intent for
Churchill Downs to develop the Race Track and the off-track betting facilities, subject to obtaining a
license from the Virginia Racing Commission, and for the City to construct certain public
improvements at its cost and to assist in the financing of certain other improvements associated with
the Race Track, including making up a deficiency in a debt service reserve fund in connection with a
bond issue; and
WHEREAS, the City has agreed to reimburse the Authority for out-of-pocket legal fees
for general counsel associated with the development of documents for the project, not to exceed $15,000;
and
WHEREAS, The Authority was created for the purpose of acquiring, constructing,
equipping, financing, maintaining and/or operating a public recreational and sports facility containing
one or more race tracks and related facilities;
NOW, THEREFORE, BE IT RESOLVED BY 1HE SPORTS AUTHORITY OF
HAMPTON ROADS:
1. The Authority hereby finds and determines that development of the Race Track is a
"project" authorized pursuant to the Public Recreational Facilities Authorities Act §§ 15.1-1271 et seg.
of the Code of Virginia of 1950, as amended, and Chapter 426 of the Acts of Assembly of 1986 and will
result in substantial direct and indirect economic benefits to the City and adjoining localities in the
region that are members of the Authority and that participation of the Authority in developing the
Race Track will be consistent with the purposes for which the Authority has been created.
2. The Authority hereby agrees to participate with the City and Churchill Downs in
developing the Race Track, including acquiring and developing land and issuing revenue bonds in an
amount now estimated at up to $17,800,000 to finance certain facilities constituting part of the Race
Track, subject to financing arrangements satisfactory to the Authority and the City, the completion of
formal documentation satisfactory to the Authority, receipt of approving opinions satisfactory to the
Authority and the award of a license to Churchill Downs by the Virginia Racing Commission. The
Authority understands and agrees that the Race Track will be leased to and operated by Churchill
Downs, that rent paid by Churchill Downs is expected to pay principal of and interest on the bonds
and provide for a annual payment to the Authority of $20,000 for costs, and that the Authority will
have no financial obligation on the bonds, but that the bonds will be payable solely from amounts
derived from the ownership or operation of the Race Track or amounts pledged to the payment of the
bonds by third parties. The Authority understands and agrees that upon payment of all outstanding
Authority debt, the property and improvements will be transferred to Churchill Downs, its successors
and assigns for a sum to be determined, such sum to be paid to the City of Virginia Beach.
3. All costs and expenses incurred by the Authority in connection with the financing,
acquisition, construction, and equipping of the Race Track and related facilities including, without
limitation, the fees and expenses of bond counsel, counsel to the Authority, and counsel to the
underwriter, shall be paid from the proceeds of the bonds. If for any reason the bonds are not issued,
it is understood that all costs and expenses shall be paid by the City (but the obligation of the City to
pay the Authority's general counsel fees shall not exceed $15,000 without further approval from the
City) and the Authority shall not be responsible therefor.
4. Churchill Downs and the City acknowledge and agree that the adoption of this
resolution by the Authority and its agreement herein to participate with the City and Churchill Downs
in developing the Race Track shall not be considered an agreement to participate exclusively with the
City and Churchill Downs, but that the Authority may adopt similar resolutions simultaneously to
assist or participate with other cities and operators to build a Race Track in any city or county of any
of the members of the Authority.
- 27-
~
RES OL UTI 0 NS / ORDINANCES
ITEM # 37146
Councilman Dean read into the record correspondence from Councilman Moss in OPPOSITION to the
compensation of the City Manager and City Real Estate Assessor.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance Pertaining to the Compensation of the City Manager
(Effective December 1, 1993, the salary of the City Manager is hereby
increased in the amount of $4,860.00 to a level of $112,860.00 annually)
Voting:
8-2
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf
and Vice Mayor WIlliam D. Sessoms, Jr.
Council Members Voting Nay:
Robert K Dean and Nancy K Parker
Council Members Absent:
John D. Moss
August 24, 1993
10
11
12
13
14
15
16
17
18
1
2
AN ORDINANCE PERTAINING TO THE COMPENSATION OF
THE CITY MANAGER
3
City
and
Council has
evaluated the performance
WHEREAS,
4
compensation of the City Manager; and
5
WHEREAS, based on this evaluation, city Council has determined
6
that an adjustment in the compensation of the City Manager would be
7
appropriate.
8
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
9
VIRGINIA BEACH, VIRGINIA:
That effective December 1,
the salary of the City
1993,
Manager is hereby increased in the amount of $4,860.00 to a level
of $112,860.00 annually.
Adopted
Council
City
Beach,
Virginia
of
of
the
by
the
24
, 1993.
August
Virginia, on the
day of
CA-5264
ORDIN\NONCODE\CA5264.0RD
R-2
PREPARED: August 25, 1993
- 28-
Item III -l4.
RES OL UTIONS/ORDINANCES
ITEM # 37147
Councilman Dean read into the record correspondence from Councilman Moss in OPPOSITION to the
compensation of the City Manager and City Real Estate Assessor.
Upon motion by VIce Mayor Sessoms, seconded by Councilman Baum, City CouncIL ADOPTED:
Ordinance Pertaining to the Compensation of the Real Estate Assessor:
(Effective December 1, 1993, the salary of the Real Estate Assessor is
hereby increased in the amount of $1,170.47 to a level of $59,693.75
annually)
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay.
None
Council Members Absent:
John D. Moss
August 24, 1993
10
11
12
13
14
15
16
17
18
1
2
AN ORDINANCE PERTAINING TO THE COMPENSATION OF
THE CITY REAL ESTATE ASSESSOR
3
WHEREAS,
City
and
Council has
evaluated the performance
4
compensation of the City Real Estate Assessor; and
5
WHEREAS, based on this evaluation, City Council has determined
6
that an adjustment in the compensation of the City Real Estate
7
Assessor would be appropriate.
8
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
9
VIRGINIA BEACH, VIRGINIA:
That effective December 1, 1993, the salary of the City Real
Estate Assessor is hereby increased in the amount of $1,170.47 to
a level of $59,693.75 annually.
Adopted
the
24
Council
City
Virginia
Beach,
the
of
by
of
August
Virginia, on the
day of
, 1993.
CA-5265
ORDIN\NONCODE\CA5265.0RD
R-2
PREPARED: August 25, 1993
- 29-
Item III -J.
PUBLIC HEARING
ITEM # 37148
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1.
(a) LAVERN MILLER
(b) TIDEWATER EVANGELICAL FREE CHURCH
(c) ST. JOHN THE APOSTLE CATHOLIC CHURCH
(d) ROBERT N. BOLLER
(e) McDONALD NURSERIES OF VIRGINIA BEACH
(f) R & L CHILD CARE, INC.
(g) FERRELL PARKWAY ASSOCIATES, INC.
NONCONFORMING USE
VARIANCE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL CHANGE OF
ZONING
RECONSIDERATION OF
PROFFERS
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL USE PERMIT
August 24, 1993
- 30-
~
PUBliC HEARING
ITEM # 37149
PLANNING
Bruce W. Gallup, 315 First Colonial Road, Phone: 428-8132, represented the applicant
Upon motion by Councilman Dean, seconded by VIce Mayor Sessoms, City Council APPROVED the
Application of LAVERN MILLER, President, Princess Anne Cabinets, Inc., for enlargement of a
nonconforming use (to increase square footage and construct an addition to the existing building).
Application of Lavern Miller, President - Princess Anne Cabinets, Inc.,
for the enlargement of a nonconforming use on North Landing Road,
1050 feet more or less east of the intersection with Wznston Avenue. Said
parcel is located at 3146 North Landing Road and contains 13,056 acres.
PRINCESS ANNE BOROUGH. More detailed information is available in
the Planning Department.
Resolution authorizing the Enlargement of a Nonconforming Use
operated by Lavern Miller, President - Princess Anne Cabinets, Inc.
The following condition shall be required;
1.
Further conditions may be required during the administration
of applicable City Ordinances.
2.
The site plan submitted with this conditional use permit may
require revision during detailed site plan review to meet all
applicable City Codes.
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wzlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
August 24, 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
1
2
3
4
RESOLUTION AUTHORIZING THE
ENLARGEMENT OF A NONCONFORMING USE
OPERATED BY LAVERN MILLER, PRESIDENT
- PRINCESS ANNE CABINETS, INC.
5
Miller,
Anne
President
Princess
WHEREAS,
Lavern
6
Cabinets, Inc., hereinafter referred to as the Applicant, is the
7
owner of a cabinet manufacturing operation on the property located
8
at 3416 North Landing Road, in the Borough of Princess Anne; and
9
WHEREAS, the aforesaid property is located wi thin the AG-
2 Agricultural District, in which manufacturing is not a permitted
use; and
WHEREAS, the manufacturing of cabinets by the Applicant
is a lawful nonconforming use; and
WHEREAS, the Applicant desires to remove an existing 50
foot by 88 foot wood frame structure and replace it with a 50 foot
by 150 foot addition to the existing metal building located in the
northwest corner of the subject site, to be utilized for cabinet
manufacturing; and
WHEREAS,
the
is
primarily
by
surrounded
property
agricultural operations and is not located within close proximity
to any residential areas;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That
the
City
Council
finds
cabinet
hereby
that
the
manufacturing operation of the Applicant's, as enlarged, would be
equally appropriate to the zoning district in which it is located
as is the existing nonconformity.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Applicant,
Pr incess Anne Cabinets,
Inc. ,
be and
hereby is, authorized to remove the existing 50 foot by 88 foot
wood frame structure and replace it with a 50 foot by 150 foot
addition to the existing metal building as depicted on the attached
34
35
36
37
38
39
40
41
physical survey of Parcel B, Subdivision of Property for Valentine
E. Miller and Sylvia B. Miller, dated July 8, 1993.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, ON THIS
24
, 1993.
August
DAY OF
CA-5249
ORDIN\NONCODE\MILLER.RES
R-1
PREPARED: 08/05/93
- APPRO~O CONTENTS
\ -- SIGNA TURf
fi) JM<Al' ~.I'--'lš
~ ~PPROVED AS TO lEGAl
i ..SUFFICIENCY AN FORM
CITY ATTORNEY 8", ß - <J3
\"
-'--- - -
- 31 -
~
PUBliC HEARING
ITEM # 37150
PLANNING
Thomas SaMryer, 470 Leslie Terrace, Phone: 422-6151, represented the applicant
Upon motion by Councilman Clyburn, seconded by Councilman Brazier, City Council ADOPTED an
Ordinance upon application of TIDEWATER EVANGEliCAL FREE CHURCH for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF TIDEWATER EVANGELICAL
FREE CHURCH FOR A CONDITIONAL USE PERMIT FOR A
CHURCH RO8931841
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Tidewater Evangelical Free Church for
a Conditional Use Permit for a church on the east side of Euclid Road,
south of Norfolk & Southern Railroad. Said parcel is located at 4966
Euclid Road in Suites 101, 102 and 103, and contains 1.477 acres.
KEMPSVILLE BOROUGH.
The following condition shall be required:
1.
This request is approved for a period of three (3) years.
The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of August. Nineteen
und e a d Ni - ree.
Voting:
10-0
Council Members Voting Aye:
John A. Bawn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
kleyera E. Oberndor[. Nancy K Parker and Vice Mayor Wzlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
August 24, 1993
~
PUBUC HEARING
PLANNING
- 32 -
ITEM # 37151
Michael Ash, architect, represented the applicant
Upon motion by Councilman Dean, seconded by VIce Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of ST. JOHN THE APOSTLE CATHOLIC CHURCH for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF ST. JOHN THE APOSTLE
CATHOLIC CHURCH FOR A CONDITIONAL USE PERMIT FOR A
CHURCH RO8931842
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of St. John the Apostle Catholic Church for
a Conditional Use Permit for a church on certain property located on the
northeast side of Sandbridge Road beginning at a point 470 feet more or
less southeast of Princess Anne Road. Said parcel contains 10 acres.
PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1.
All trees within the twenty-five (25)-foot setback, located
along the Northern property line, must be retained. the
submitted site plan should be revised to show that no portion
of the proposed parking area encroaches into the setback.
Additionally, a landscape plan using Category I landscape
materials must be submitted to the Planning Department. The
intent of this condItion IS not to require a full and continuous
hedge form but rather to supplement the existing trees located
within the buffer in order to provide the adjacent residential
homes with an appropriate screening of the proposed parking
areas.
2.
Additional right-of-way will be needed along Sandbridge
Road to provide for a standard sixty (60)-foot right-oJ-way.
All setbacks must be measured from the ultimate right-of-way
LIne. Approximately fifteen (15) feet will be acquired along
Sandbridge Road.
3.
A second entrance to this site is needed where Painters lane is
now located. This entrance should fie across the property to
the proposed parkIng lot. This entrance will be required at the
time that the proposed school is developed on the site. it is
recommended that the applicant apply for a street closure and
incorporate this portion of painters Lane into the subject site.
this wIll enable the applicant to align an entrance at this
location with the approved commercial entrance across
Sandbridge Road.
4.
The proposed entrance should be reduced from the proposed
sixty-four (64) feet to a maximum width of forty-six (46) feet.
Three twelve (l2)-inch lanes should be used.
August 24, 1993
I1m1...IIbl..Lh
PUBliC HEARING
PLANNING
- 33-
ITEM # 37151 (Continued)
5.
Right and left turn lanes, as determined by Traffic Engineering
at detailed site plan review, 150 feet in length with ISO-foot
transitions may be required on Sandbridge Road for vehicles
entering this site. The proposed entrance shown on this plan
should be relocated farther Northwest to accommodate the
approach transitions and avoid the entrance to the ball field,
but the entrance cannot be any closer than 650 feet to Painters
lane.
6.
Sight distance along Sandbridge Road should be maintained at
the entrances to this site.
7.
Prior to the submittal of site development plans, the applicant
shall meet on -site with Planning Department staff in order to
ldentify areas of tree preservation.
8.
A tree protection and preservation plan, which reflects areas of
tree preservation agreed upon by the applicant and Planning
Department staff, shall be submitted with the site development
plans. The plan must identify the size, species and location of
trees to be preserved and the protective mechanisms to be
utilized during the construction phase.
9.
Prior to the public hearing before the City Council, church
representatives shall meet with representatives of the Navy to
discuss noise-attenuation measures. The site is located in
AICUZ moderate noise Zone Two surrounding NAS Oceana and
it is recommended that measures be taken to reduce outdoor-
to-indoor noise levels by at least twenty-five to thirty (25-30)
decibels.
The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinnace.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of August. Nineteen
ale e.
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
Councilman Lanteigne DISCLOSED he is a member of the St. John The Apostle Catholic Church.
August 24, 1993
- 34-
~
PUBLIC HEARING
ITEM # 37152
PLANNING
Robert N. Boller, Post Office Box 64186, Phone: 495-6730, represented the applicant
Upon motion by Councilman Dean, seconded by VIce Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of ROBERT N. BOLLER, Fabrication Specialist of VA, Inc., for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ROBERT N. BOLLER,
FABRICATION SPECIALIST OF VA, INC., FORA CONDITIONAL USE
PERMIT FOR A HOME OCCUPATION (WOODWORKING SHOP)
RO8931843
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA
Ordinance upon applzcatzon of Robert N. Boller, Fabrication specialist
of VA, Inc., for a Condztional Use Permit for a home occupation
(woodworking shop) on the east side of West Neck Road, 3400 feet more
or less north of West Landing Road. Said parcel is located at 3436 West
Neck Road and contains 15 acres. PRINCESS ANNE BOROUGH.
The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinnace.
Adopted by the Council of the City of VIrginia Beach, Vzrginia, on the Twenty-fourth of August. Nineteen
Hundred and Ninety - Three.
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor Wzlliam D.
Sessoms, Jr.
Council Members Voting Nay
None
Council Members Absent:
John D. Moss
August 24, 1993
- 35-
Item In-J.1.e.
PUBliC HEARING
ITEM # 37153
PLANNING
Attorney Sonny Stallings, represented the applicant
Eddie M. Anderson, 1144 Independence Boulevard, Phone. 464-5564
Upon motion by Councilman Jones, seconded by VIce Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of MCDONALD NURSERIES OF VIRGINIA BEACH for a Conditional
Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF McDONALD NURSERIES OF
VIRGINIA BEACH FOR A CONDITIONAL CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-15 TO B-2 ZO8931392
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIR/GNIA BEACH, VIR/GNIA
Ordinance upon application of McDonald Nurseries of VIrginia Beach for
a ConditIOnal Change of Zoning District Classification from R -15
Residential District to B-2 Community Business District on the east side
of Independence Boulevard, north of WIshart Road. The proposed zoning
classification change to B-2 Community Business District is for
commercial land use. The Comprehensive Plan recommends use of this
parcel for suburban low density residential land use at densities that are
compatible with single-family use in accordance with other Plan policies.
Said parcel is located at 1144 Independence Boulevard and contains 1
acre. BAYSIDE BOROUGH.
The following condition shall be required:
1.
An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record.
The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinnace.
Adopted by the Council of the City of VIrginia Beach, VIrginia, on the Twenty-fourth of August. Nineteen
Hundred and ine - Three.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louzs R. Jones, Paul J Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.
John D. Moss
August 24, 1993
~~QM Þ.lO P S 18
City of Virgi:rìia Beach.
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No.
DF-3461
DATE:
August 18, 1993
FROM:
Leslie L. Lilley
~
Gary L. Fentres~~
McDonald Nurseries
Proffer Agreement
Council Action Date: August 24,1993
DEPT:
City Attorney
City Attorney
TO:
DEPT:
RE:
The enclosed Proffer Agreement, submitted by the referenced
applicant, is acceptable as to legal form.
GLF/ih
Enclosure
McDONALD NURSERIES OF VIRGINIA BEACH, INC.,
a Virginia Stock Corporation
TO:
(COVENANTS AND CONDITIONS
CITY OF VIRGINIA BEACH,
.' a Municipal Corporation of
, . the Commonwealth of Virginia
THIS AGREEMENT, made this 22nd day of March, 1993, by
and between McDONALD NURSERIES OF VIRGINIA BEACH, INC., a
Virginia stock corporation, "Grantor", of the one part, and CITY
OP VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, Grantee, of the other part;
WITNESSETH THAT:
WHEREAS, the Grantor has initiated an amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition
of the Grantor addressed to the Grantee, so as to rezone the
Grantor's property from R-15 Residential District to B-2
Community Business District, on certain property located at 1144
Independence Boulevard, containing one (1) acre, less, .
more or ln
Bayside Borough, in the City of Virginia Beach, Virginia; said
property being referred to hereinafter as "the property," and
described as follows:
ALL THAT certain piece or parcel of land situate, lying
and being in the City of Virginia Beach, State of
Virginia, containing one acre, more or less, being a
part of the tract purchased by Joseph Reed from W. H.
Jones and wife (the said parcel being also a part of
the late George Smith's Farm) and bounded as follows:
North by the land of Jacob James, East by the land of
Joseph Reed, South by Reed, and West by the parsonage
land of the Haygood parsonage land; said parcel of land
being designated as a "0.963 Ac." parcel on that
certain survey recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia,
in Deed Book 1450, at page 596, which plat is entitled
"Plat Property of Daniel Butt (D.B. 83, p. 98, M.B. 3,
p. 259) Bayside Borough, Virginia Beach, Virginia,"
dated October 1, 1973, and made by Harold C. Warren,
Jr., C.E.¡ said parcel is designated as "COite B.
Rudacil, Parcel 6, 1.004 AC." on that aforementioned
plat by Harold C. Warren, Jr., Certified Land Surveyor,
dated March 18, 1975 (revised March 2, 1976), entitled
"COmposite Plat of Properties in Reedtown, Virginia
Beach, Virginia," which plat is recorded in the
aforesaid Clerk's Office in Map Book 114, at page 40,
and by which said parcel is more particularly described
as follows:
Beginning at a point in the northern line of that
parcel designated on the last mentioned plat as "Now or
~OVER c ,\..¡g~ìir¡. W. 1478 - 57 - 5700
~Y A.."IO COI:NSELLOH AT LAW, PC
IT!: '10'1 DEACH TOW." 8'- ILDI"fO
. ,-,° rACI...C A' E"f'-E
1
I'IA DEACII VIHOlS1A 234GB
Formerly Edmon Hawkins," which point is the
southeastern corner of the parcel described herein;
thence running along the north line of the last
mentioned parcel N 68 43' 56" W 205.23' to a point in
the eastern line of that parcel on said plat designated
Creekmore; thence N 19 04' 30" E along said
Creekmore's line 220.18' to a point; thence S 66 49'
45" E 222.17' to a point; thence S 29 29' 05" W
79.97'; thence S 19 58' 03" W 133.53' to the point of
beginning.
IT BEING the same property conveyed to the Grantor by
deed of Reed Associates, dated December 3, 1984,
recorded in the aforesaid Clerk's Office in Deed Book
2379, at page 1556.
WHEREAS, the Grantee's policy is to provide only for
the orderly development of land, for various purposes, including
those purposes referred to herein, through zoning and other land
development legislation and
WHEREAS, the Grantor acknowledges that in order to
recognize the effects of change, and the need for various types
of uses, including those uses referred to herein, certain
reasonable conditions governing the use of the property for the
protection of the community that are not generally applicable to
land in the B-2 Community Business zoning classification are
needed to cope with the situation which the Grantor's proposed
development gives rise to; and
WHEREAS, the Grantor has voluntarily proffered in
writing, in advance of and prior to the public hearing before the
Grantee, as a part of the proposed amendment to the Zoning Map,
in addition to the regulations provided for in the B-2 Community
Business zoning district or zone by the existing over-all zoning
ordinances, the following reasonable conditions related to the
physical development and operation of the property to be adopted
as a part of said amendment to the new Zoning Map relative to the
property described above, which have a reasonable relation to the
rezoning and the need for which is generated by the rezoning and
proposed development; and
WHEREAS, said conditions having been proffered by the
Grantor and allowed and accepted by the Grantee as part of the
amendment to the zoning ordinance, such conditions shall continue
in full force and effect until a subsequent amendment changes the
2
zoning on the property covered by such conditions; provided,
however, that such conditions shall continue despite a subsequent
amendment if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised zoning
. 9rdinance, unless, notwithstanding the foregoing, these
conditions are amended or varied by written instrument recorded
in the Clerkls Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the
subject property at the time of recordation of such instrument¡
provided, further, that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the
Grantee, after a public hearing before the Grantee advertised
pursuant to the provisions of Code of Virginia, Section 15.1-431,
which said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent;
NOW, THEREFORE, the Grantor, for itself, its personal
representatives, assigns, grantees, and other successors in title
or interest, voluntarily and without any requirement by or
exaction from the Grantee or its governing body and without any
element of compulsion or gyiQ pro 9YQ for zoning, rezoning, site
plan, building pe~it, or subdivision approval, hereby makes the
following declaration of conditions and restrictions as to the
physical development and operation of the subject property and
governing the use thereof and hereby covenants and agrees that
this declaration shall constitute covenants running with the said
property, which shall be binding upon the property and upon all
parties and persons claiming under or through the Grantor, their
heirs, personal representatives, assigns, grantees and other
successors in interest or title, namely:
The following shall be substantially adhered to;
however, further reasonable conditions may be reasonably required
by the Grantee during detailed site plan review and administra-
tion of applicable city codes by cognizant city agencies and
lepartments, including the city arborist, to meet all applicable
3
city code requirements:
There shall be Category VI screening where the property
abuts adjacent single family residential districts and along the
property line adjacent to Mason Street on the northeastern side;
however, there shall be a minimum distance of 15 feet maintained
between Category VI fencing and the adjacent property line to the
north of the 12 foot right-of-way.
Vehicular access to and from the property shall be
solely from Independence Boulevard through the existing entrance
to the McDonald Nursery and no additional ingress/egress shall be
permitted.
There shall be a one foot "no ingress/egress"
easement along the entire eastern property limits.
All interior lot lines shall be vacated.
The property shall be restricted to the following uses
and structures and uses and structures which are clearly
incidental to or subordinate thereto:
Greenhouse and tree, shrub
and plant nursery and retail sales of trees, shrubs, plants and
nursery items, garden supplies, accessories, equipment,
materials, and other garden center merchandise such as clothing,
furniture, books, gifts, ornaments, Christmas gift, and storage
facilities for the foregoing and necessary parking therefor and
for the adjacent property of the Grantor which shall, by vacation
of the interior lot lines, become a part of the property.
It is recognized that further reasonable conditions may
be reasonably required during the administration of applicable
city ordinances and that there will be detailed site plan review
to meet all applicable city codes, and that further reasonable
conditions may be reasonably required during the administration
of applicable city ordinances.
All references hereinabove to requirements and
regulations applicable thereto refer to the Comprehensive zoning
Ordinance of the City of virginia Beach, Virginia, in force as of
March 22, 1993, which is by this reference incorporated herein.
The Grantor covenants and agrees that (1) the Zoning
Administrator of the City of Virginia Beach, Virginia, shall be
4
vested with all necessary authority on behalf of the governing
body of the city of Virginia Beach, Virginia, to administer and
enforce the foregoing conditions, including (i) the ordering in
writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to
insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropriate
action, suit or proceedings; (2) the failure to meet all
conditions shall constitute cause to deny the issuance of any of
the required building or occupancy permits as may be appropriate;
(3) if aggrieved by any decision of the Zoning Administrator made
pursuant to the provisions, the Grantor shall petition to the
governing body for the review thereof prior to instituting
proceedings in court; and (4) the Zoning Map may show by an
appropriate symbol on the map the existence of conditions
attaching to the zoning of the subject property on the map and
that the ordinance and the conditions may be made readily
available and accessible for public inspection in the office of
the Zoning Administrator and in the Planning Department and that
they shall be recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and indexed in the name
of the Grantor and Grantee.
WITNESS the following signatures and seals.
McDONALD NURSERIES OF VIRGINIA
~ ."-
By: - -- ~~
Eddie M. Anderson, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, fJIlT/(le,1i Il. Ft,.( , a Notary Public for
the State of Virginia at Large, do hereby certify that Eddie M.
Anderson, President of McDonald Nurseries of Virginia Beach,
Inc., whose name is signed on behalf of the Grantor to the
foregoing instrument bearing date on the 22nd day of March, 1993,
has acknowledged the same before me in the city and state
aforesaid.
~ fj. fuN€'
Given under my hand this ~û day of-March, 1993.
~o.~
Notary Publ c
My commission expires:
-
JtlLy:3~ 1997
,
5
J UL - <::....)-1 ::;;;':;;.:>
1'¿.~:'
~ ~Úll LHW úf+ 1 CES
TO
4265~S9
F.O2
J
- " . "': ",,' .
..
.
ø¡a<:(,o=,uac a:"'t~III'r .
.
,
...,
.....'.
,
r
, .{ ,
DATE
¡: ~81t(J~ .tJ. 1t19~
. "
HAifa's) 0('\ AP;LICAMt<,) 1'1~~~':A.IL.!f. b;: Iú4G~' &d~11
NA"I(S) OF ~, ctNtaB (1~ 4L~f.~.~t iEom applSoent)
,
. .
niB 0' UP'IC:ÞIOtI,
aeaolÛQ9 tl:OtII Jt~15. to, . ' ",9.2
C0a41~ion.l u.. '8r81t for
. ,
atn.t C1O8Ure
'~bd1Yl.1on ..~1.no.
I A
'Z'O II; COftItVI't&O 8% OR FOa 20 A.P.c.lCAN~J
~t
It ~8 applloant 1.. Qo~por~tlonl lilt the otf1c8re of the cotpq~at1on'
£ð/J/£ III, ¡#NaGAS~ PßU/~¡:Ní ,
6hRH (1. II-NÞéIlS'N¡ V~ PltaJ~~.;SÆt:1t£77I9'
2.
It the app1104nt 18 8 þ8~tn.c.hlp. ~i~. o~ ot~~ ~nlQço.pg..t~
.rv&DJ...~iOQ' 1.1.t ül _lIbec-8 OC' ~l'tM,. in che o~.ߣ&.tlvDI
.... ......
TO II CO"'~lfED II OR lOR ~BE OMR!R (it Ø1Ef8rent fro. appllcant)
1.
.
If th. own.c 1. . oorpoc-ation, li.t the otl1cer~ of the corpo~at:oft~
2.
.
l' the ovne, S. . partn.~ahlp, t1~..or o~h.~ .ø1Qco~por.ted o~i.n!~.tion,
l1at .11 ~e.b.c. or p8~tD.~. in the o~.nl&.tlonl
"
~~,d
A 4Ïø Jt.Nf"~ .í.;, ~ iJl ¡J,«
!,Jd!-!!. (-I-=.'"jA
~tJ4 V fi'. ~ MIlN(I. ~ I
"', ~ hJr. ~/ihJ 5 ~ ¿ ,).ds'/~j .~
I..: -~ - ~~ ~O h I@': 1«.'--~v. PKNt: ;'¡¡;'1-'I(,.:¡f I
.
..
~
,- .
. .
, . . '0"', .
- 36 -
~
PUBUC HEARING
ITEM # 37154
PLANNING
The following spoke in SUPPORT of the application:
Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone' 499-8971, represented the applicant
Henry W. Schimmel, 514 Jonathan Court, Phone: 497-6924
Terrence P. Fahey, 505 General Gage Road, Phone: 499-9348, represented the Pembroke Manor Civic
League
Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ALLOWED
WITHDRA W AL of an Ordinance upon applicatzon of R & L CHILD CARE, INC. for a Conditional
Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF R & L CHILD CARE, INC.
FOR A CONDITIONAL CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM 0-2 TO B-2
Ordinance upon application of R & L Child Care, Inc. for a Conditional
Change of Zoning District Classification from 0-2 Office District to B-2
Community Business District at the northeast intersection of Constitution
Drive and Hinsdale Street. The proposed zoning classificatzon change to
B-2 is for community business land use. The Comprehensive Plan
recommends use of this parcel for urban medium high density residential
at densities that are compatible with multi-family use in accordance with
other Plan policies. Said parcel is located at 520 Constitution Drive and
contains 9583 square feet. BAYSIDE BOROUGH.
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
August 24, 1993
- 37-
l1mL/lldLL
PUBUC HEARING
ITEM # 37155
PLANNING
Thomas C. Broyles, 704 Crystal Lane, Phone: 491-4002, the applicant
The following spoke in OPPOSITION:
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
The following registered in OPPOSITION, but were not OPPOSED to the DEFERRAL:
Bea CoBell, 2528 Hunting Horn Way, Phone: 468-6564, represented the Courthouse/Sandbridge
Coalition
Upon motion by Councilman Dean, seconded by Vzce Mayor Sessoms, City Council REFERRED BACK
TO PLANNING COMMISSION (To expedite back to City Council October 26,1993): Applications of
FERRELL PARKWAY ASSOCIATES, INC. for a Reconsideration of Proffers (Approved April 24, 1989),
a Conditional Change of Zoning District Classification and a Conditional Use Permit.
RECONSIDERATION OF PROFFERS on certain property located at the
northwest corner of Ferrell Parkway and General Booth Boulevard,
zoned 0-2 Office District. The Comprehensive Plan recommends use of
this parcel for office use in accordance with other Plan policies. Said
parcel contains 15.7 acres. PRINCESS ANNE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF FERRELL PARKWAY
ASSOCIATEs, INC. FOR A CONDITIONAL CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM CONDITIONAL 0-2 TO B-2
Ordinance upon application of Ferrell Parkway Associates, Inc. for a
Conditional Change of Zoning District Classification from Conditional
0- 2 Office District to Conditional B-2 Community Business District on
certain property located on the north side of Ferrell Parkway, 700 feet
more or less west of General Booth Boulevard. The proposed zoning
classification change to B-2 is for community-wide business land use.
The Comprehensive Plan recommends use of this parcel for office use in
accordance with other Plan policies. Said parcel contains 2 acres.
PRINCESS ANNE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF FERRELL PARKWAY
ASSOCIATEs, INC. FOR A CONDITIONAL USE PERMIT FOR AN
INDOOR RECREATIONAL FACILI1Y (SKATING RINK)
Ordinance upon application of Ferrell Parkway Associates, Inc. for a
Conditional Use Permit for an indoor recreational facility (skating rink)
on certain property located on the north side of Ferrell Parkway, 700 feet
more ore less west of General Booth Boulevard. Said parcel contains 2
acres. PRINCESS ANNE BOROUGH.
August 24, 1993
- 38-
Item ID-J.1.f
PUBLIC HEARING
ITEM # 37155 (Continued)
PLANNING
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
August 24, 1993
- 39-
~
APPOINTMENTS
ITEM # 37156
Upon NOMINATION by Vzce Mayor Sessoms, City Council REAPPOINTED:
PUBLIC LIBRARY BOARD
Betty Lu Bridges
Guy K. Tower
Dorothy M. Wells
Three-year terms
9/1/93 - 8/31/96
Voting:
10-0
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
August 24, 1993
- 40-
~
APPOINTMENTS
ITEM # 37157
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
TIDEWATER COMMUNITY COLLEGE BOARD
Stanley Warranch
Unexpired term thru 6/30/95
Voting:
10-0*
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
*Verbal Vote due to electronic voting machine malfunction.
August 24, 1993
- 41 -
~
APPOINTMENTS
ITEM # 37158
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
PENDLETON CHILD SERVICE CENTER (MANAGEMENT BOARD)
Charles Nash
Unexpired term thru 12/31/95
Voting:
10-0*
CounciL Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
*Verbal Vote due to electronic voting ITUlchine ITUllfunction.
August 24, 1993
- 42-
~
APPOINTMENTS
ITEM # 37159
Upon NOMINATION by VIce Mayor Sessoms, City Council:
COMMUNITY CORRECTIONS RESOURCE BOARD
Confirmed Circuit Court Appointments:
Clyde 1. Siler
Walter J. Moore, Jr.
Appointed:
Ernest H. Leeman
Two-year terms
9/1/93 - 8/31/95
Mayoral Appointments:
Reeves Johnson
R. Bradshaw Pulley
Two-year terms
9/1/93 - 8/31/95
Voting:
10-0*
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
.Verbal Vote due to electronic voting machine malfunction.
August 24, 1993
- 43 -
~
APPOINTMENTS
ITEM # 37160
Upon NOMINATION by VIce Mayor Sessoms, City Council:
PARKS AND RECREATION COMMISSION
Reappointed:
Don H. Brockwell
(Bayside)
John Fletcher Bryant
(VIrginia Beach)
Diane Horsley
(Blackwater)
Appointed:
Herbert A. Culpepper
(PUNGO)
Three-year terms
9/1/93 - 8/31/96
Voting:
10-0*
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
*Verbal Vote due to electronic voting machine malfunction.
August 24, 1993
- 44-
~
APPOINTMENTS
ITEM # 37161
Upon NOMINATION by nce Mayor Sessoms, City Council APPOINTED:
SOCIAL SERVICES
Ronald D. Madison
Unexpired term thru 6/30/95
Voting:
10-0*
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and nce Mayor WIlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
.Verbal Vote due to electronic voting ITUlchine ITUllfunction.
August 24, 1993
- 45-
~
APPOINTMENTS
ITEM # 37162
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT:
SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD
August 24, 1993
- 46-
~
UNFINISHED BUSINESS
ITEM # 37163
ADD-ON
Mayor Oberndorf referenced correspondence from Walter Erb requesting City Council RECONSIDER
being a cable regultltor. Cox Cable has just announced they will have to increase the basic rates in
addition to the other rates. Cox has acknowledged 60% of their subscribers will have rate increases, 40%
will not.
A BRIEFING will be SCHED ULED for Cox Cable to advise the City Council relative these rates.
August 24, 1993
- 47-
~
NEW BUSINESS
ITEM # 37164
Upon motion by VIce Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Resolution re actions of Federal Agencies for the enforcement of the Fair
Housing Act, (legal action against Municipalities -- Oxford-House).
(Sponsored by Mayor Meyera E. Oberndorf)
Voting:
10-0*
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, Mayor
Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
.Verbal Vote due to electronic voting machine malfunction.
August 24, 1993
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
REQUESTED BY MAYOR MEYERA E. OBERNDORF
1
2
3
A RESOLUTION PERTAINING TO ACTIONS
OF FEDERAL AGENCIES CONCERNING THE
ENFORCEMENT OF THE FAIR HOUSING ACT
4
WHEREAS,
the 1988 amendments to the Fair Housing Act
5
require reasonable accommodation for handicapped persons, including
6
persons recovering from alcohol and drug abuse;
7
WHEREAS, Oxford House, Inc., a not-for-profit corporation
8
which facilitates the recovery of former drug and alcohol abusers
9
by
assisting
housing,
various
in
of
has,
in
provision
the
municipalities, including the City of Virginia Beach, established
housing for such persons without complying with or attempting to
comply with,
applicable municipal ordinances,
including zoning
ordinances;
WHEREAS,
the united States Department of Housing and
Urban Development has initiated investigations of municipalities,
including the City of Virginia Beach, which have taken the position
that Oxford House is not exempt from reasonable zoning ordinances
concerning the number of unrelated persons permitted to live in
single-family dwellings;
WHEREAS, the united States Department of Justice has the
authority to initiate lawsuits against such municipalities;
WHEREAS, the Department of Housing and Urban Development
has the authority to withhold community development block grant
funds from municipalities it believes to be in violation of the
Fair Housing Act;
WHEREAS, Oxford House has, in fact, requested that the
Department of Housing and Urban Development withhold such funds
from the City of Virginia Beach, even though the loss of such funds
would cause harm to innocent persons not involved in, or even aware
of, the controversy between the City of Virginia Beach and Oxford
House;
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
WHEREAS, the Fair Housing Act expressly authorizes "any
reasonable
loca I,
Federal
restrictions
regarding the
state or
maximum number of occupants permitted to occupy a dwelling";
WHEREAS, the united states Supreme Court has established
that zoning ordinances limiting the number of unrelated persons who
may reside together are constitutionally permissible;
WHEREAS,
the Supreme Court has also established that
reasonable zoning ordinances are constitutionally permissible for
the purpose of protecting the property rights of citizens in the
exercise of the municipal police power;
WHEREAS, by Opinion and Order dated July 6,
1993, the
united States District Court for the Eastern District of Virginia
ruled that Oxford House, Inc. was required to apply for conditional
use permits for its Oxford Houses within the City before it could
legally challenge the City's actions in requiring such conditional
use permits, thereby upholding the City's legal argument in the
case;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1.
That the Department of Health and Human Services
decline to withhold community development block grant funds from
any
municipality
to
which
.
l.n
faith
without
intent
good
and
discriminate asserts the position that Oxford House and similar
organizations are subject to reasonable zoning and other applicable
ordinances,
unless and until a court of competent jurisdiction
rules otherwise;
2 .
That the Department of Housing and Urban Development
decline to investigate, and the Department of Justice decline to
sue, any municipality for refusing to accept the position of Oxford
House or similar organizations that they are exempt from local
zoning and other ordinances,
including the requirement that a
conditional use permit or its equivalent be obtained in order to
authorize congregate living arrangements such as those sought by
Oxford House in the City of Virginia Beach, unless and until a
court of competent jurisdiction rules otherwise;
2
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
3.
That
Department
of
Housing
Urban
and
the
Development,
the Department of Justice,
and any other federal
agency having
jurisdiction,
appropriate
regulations
and
adopt
guidelines to implement the policies identified above.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Mayor convey and present this Resolution to the
united States Conference of Mayors at its forthcoming meeting in
Louisville, Kentucky.
Adopted by the Council of the city of Virginia Beach,
Virginia, on the
24
, 1993.
August
day of
CA-5251
Ordin\Noncode\Oxford.Res
R-2
August 10, 1993
3
- 48-
~
NEW BUSINESS
ITEM # 37164
The following spoke in SUPPORT of the Resolution:
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
The following spoke in OPPOSITION:
Wally Erb, 150 Cayuga Road, Phone: 497- 7451
A motion was made by Councilman Lanteigne and seconded by Councilman Brazier, to ADOPT, AS
REVISED:
Resolution requesting the General Assembly to take all necessary action
to amend the VIrginia Constitution so as to provide that Vzrginia
localities shall have the authority to impose a limitation on the number
of consecutive terms that local elected officials may serve.
(Sponsored by Councilman Paul J. Lanteigne)
Voting:
3- 7 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Linwood O. Branch, III, James W. Brazier, Jr., and Paul J. Lanteigne
Council Members Voting Nay:
John A. Baum, Robert W. Clyburn, Robert K Dean, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor WIlliam
D. Sessoms, Jr
Council Members Absent:
John D. Moss
.Verbal Vote due to electronic voting machine malfunction. *
August 24, 1993
- 49-
l1œ1..lll:::N.L
ADJOURNMENT
ITEM # 37165
Upon motion by Councilman Baum, and BY CONSENSUS, City Council ADJOURNED at 10:30 P.M.
a~_a~~--___-
Beverly O. Hooks, CMC
Chief Deputy City Clerk
L~---_--
Ruth Hodges Smith, CMC/AAE
City Clerk
------------------------
Meyera E. Oberndorf
Mayor
City of Vzrginia Beach
Virginia
August 24, 1993
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
L 0
A B
B C N E S
DATE" AUGUST 24, 1993 B R L T R P E
PAGE" 1 R A Y J E N A S
B A Z B D 0 I M D R S
A N I U E N G 0 0 K 0
AGENDA U C E R A E N S R E M
ITEM 1# SUBJECT MOTION VOTE M H R N N S E S F R S
I/A BRIEFING"
OWL'S CREEK WATERSHED Robert J Scott,
ORDINANCE Dlr of Planning
II/lli/E CERTIFICATION OF EXECUTIVE CERTIFIED 9-0 Y Y A Y Y Y Y A Y Y Y
SESSION
F/1 MINUTES - August 10, 1993 APPROVED 9-0 Y Y A Y Y Y Y A Y Y Y
G/1 MAYOR'S PRESENTATION:
VIRGINIA'S FIRST ANNUAL DRUG OUT PrIscilla Beede
September 27, 1993 Helen
Shropshire
Co-Chairs, Ad
Hoc Committee
1-V1 Ordinance to AMEND SectIOn 23-40 of DEFERRED 10-0 Y Y Y Y Y Y Y A Y Y Y
the Code re offenses-mISCellaneous FOR
(altering surface of road or other publIC ClARI FJCA-
property/obstructing drainage) TION
2 Ordinance to APPROPRIATE $41,557 ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
(IDEA) Grant Funds from Norfolk re
acquIsition of computer technology for
Crimes
3 Ordinance to APPROPRIATE $930,144 re ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
payment to U S Treasury Depart for
rebatable arbitrage on 1988 G 0 Public
Improvement Bonds
4 Ordinance to ACCEPT/APPROPRIATE ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
Grants of $3,576 from Virginia State
LJbrary/ArchlVeslfor Clerk of the CirCUIt
Court to complete Land Record OptICal
Scanning/purchase UltravIOlet light
Shields
5 Ordinance to APPROPRIATE $3,500 from WITHDRAWN 10-0 Y Y Y Y Y Y Y A Y Y Y
FrancIS Land House Trust
Fund/TRANSFER donatIOn to purchase
Stalr- Trac eqUipment/$4,OOO for purchase
of reproductIOn 18th-century chairs
6 Ordinance authorIZing TRANSFER ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
$15,000 from Economic Development
Investment Program to Development
Authority re underwriting portion of
Infrastructure costs for MlCroMax
Distribution, Inc, Oceana West Corporate
Park at 2700 Avenger Drive
7 Ordinance granting a franchise to operate ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
open air cafe on publIC property
(VIRGINIA BEACH BOROUGH)'
FISh Bones Restaurant, Inc,Na FISh
Bones Restaurant at 1211 AtlantIC Ave
8 Ordinance authorIZing encroachment Into ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
portion of r-of-w of Regency Drive to
New Regency Hilltop AssOCIates re
construction/maintenance of
SIgns/landscaping In mechan on Regency
Drive (L YNNHA VEN BOROUGH)
9 Ordinance to Charge-Off delinquent ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
accounts totalling $306,394,80
10 Tax Refunds $1,78544 APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
11 license Refunds $3,148 90 APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
L 0
A B
DATE. AUGUST 24, 1993 B C N E S
B R L T R P E
PAGE: 2 R A Y J E N A S
B A Z B D 0 I M D R S
A N I U E N G 0 0 K 0
AGENDA U C E R A E N S R E M
ITEM /I SUBJECT MOTION VOTE M H R N N S E S F R S
1/1 REAPPORTIONMENT CONCEPTS. ADOPTED/ 6-4 Y Y N Y N Y Y A N N Y
Place on the
a OPTION 1 Modified 7-4 Plan November 1993
Ballot a
(1) Resolutton for modifying existing Referendum
electoral plan by dividing Kempsville questionnaire of
Borough Into two (2) Modifted7-4
Boroughs/consolidating Pungo and Plan as revised
Blackwater Boroughs by CIty Attorney
WIth addendum
(2) Proposed Charter Amendment to to include the
SectIOnS 3 01/3 02. 1 re DIvisIOn of entire
the City Into Boroughs/Council Sandbndge Area
ElectIOns WIthin the
proposed new
pungo-
Blackwater
Borough
b OPTION 2 7 DIstrict - 4 At Large MotIOn to adopt 4-6 N N Y N Y N N A Y Y N
Plan as revised lost
to negatIVe vote
(1) ResolutIOn dIVidIng CIty Into seven
(7) equally populated SIngle-
member distrICts WIth three (3)
members!Mayor elected At Large
(2) Proposed Charter Amendment to
SectIOns 301/3 02 1 and ADDING
SectIOn 3 02 re DIVISIOn of City Into
distrICts/Council ElectIOns
2 ResolutIOn requesting HAMPTON ROADS ADOPTED As 10-0 Y Y Y Y Y Y Y A Y Y Y
SPORTS AUTHORITY assist in financing Revised and to
a horse racing facility In Virginia include
Beach/related off-tract betting facilitIeS Inducement
throughout Virginia ResolutIOn
3 Ordinances re Compensation.
a City Manager - Annual: $112,860 ADOPTED 8-2 Y Y Y Y N Y Y A Y N Y
EffectIVe 12/1/93
b. CIty Real Estate Assessor - ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
Annual. $59,693.75 EffectIVe 12/1/93
J/1/a LAVERN MILLER, Princess Anne APPROVED! 10-0 Y Y Y Y Y Y Y A Y Y Y
Cabtnets, Inc, enlargement of CONDITIONED
nonconforming use (to Increase square
footage/construct addition to existing
building) on North landing RoadlWinston
Avenue (PRI NCESS ANNE BOROUGH)
b TW EVANGEUCAL FREE CHURCH APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
CUP Church at 4966 Euclid Road, FOR 3 YEARS
Suites 101, 102 and 103 (KEMPSVILLE
BOROUGH)
c ST JOHN THE APOSTLE CATHOUC APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y
CHURCH CUP. Church on Sandbndge CONDITIONED
Road/Pnncess Anne Road (PRINCESS
ANNE BOROUGH)
d ROBERT N BOLLERlFabncabon APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
Specialist of VA. Inc CUP Home
OCCUpation (woodworking shop) at 3436
West Neck Road (PRI NCESS ANNE
BOROUGH)
e McDONALD NURSERIES OF VIRGINIA APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
BEACH COZ from R-15 to B-2 at 1144
Independence Boulevard (BAYSIDE
BOROUGH)
f R & L CHILD CARE, INC. Conditional ALLOWED 10-0 Y Y Y Y Y Y Y A Y Y Y
COZ from 0-2 to B-2 at 520 ConstitutIOn WITHDRAWAL/
Drive (BA YSIDE BOROUGH) Planning Dir to
move forward
WIth project
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
L 0
A B
DATE: AUGUST 24, 1993 B C N E S
B R L T R P E
PAGE: 3 R A Y J E N A S
B A Z B D 0 I M D R S
A N I U E N G 0 0 K 0
AGENDA U C E R A E N S R E M
ITEM II SUBJECT MOTION VOTE M H A N N S E S F R S
g FERRELL PARKWAY ASSOCIATES, Referred back to 10-0 Y Y Y Y Y Y Y A Y Y Y
INC (PRINCESS ANNE BOROUGH): Planning
CommissIOn to
(1) RECONSIDERATION OF PROFFERS be expedited to
(2) (a) CONDITIONAL ZONING! CIty Council
(b) CUp' Indoor recreatIOnal facility 1 012 6193
(skating rink)
K APPOI NTMENTS
COMMUNITY CORRECTION
RESOURCE BOARD
CirCUIt Court ADDoIntment by Court CONFIRMED 10-0 Y Y Y Y Y Y Y A Y Y Y
Order
Walter J Moore, Jr 2-Year Term
Clyde I Siler 911/93 - 8/31/95
City Council ADDOIntment REAPPOINTED 10-0 Y Y Y Y Y Y Y A Y Y Y
Ernest H Leeman 2-Year Term
911/93 - 8/31/95
Mayoral ADoointment REAPPOINTED 10-0 Y Y Y Y Y Y Y A Y Y Y
Reeves Johnson 2-Year Term
R Bradshaw Pulley 911/93 - 8/31/95
PARK AND AECREA TION COMMISSION
Dan H Brockwell (Bayslde) REAPPOINTED 10-0 Y Y Y Y Y Y Y A Y Y Y
John Fletcher Bryant (Virginia Beach) 3- Year Term
DIane Horsley (Blackwater) 911/93 - 8/31/96
Herbert A. Culpepper (Pungo) APPOI NTED 10-0 Y Y Y Y Y Y Y A Y Y Y
3-Year Term
911/93 - 8/32/96
PENDLETON CHILD SERVICE CENTER APPOI NTED 10-0 Y Y Y Y Y Y Y A Y Y Y
MANAGEMENT BOARD
Unexpired thru
Charles Nash 12/31/95
PUBLIC UBRARY BOARD REAPPOINTED 10-0 Y Y Y Y Y Y Y A Y Y Y
Betty Lu Bridges 3-Year Term
Guy K Tower 911/93 - 8/31/96
Dorothy M Wells
SOCIAL SERVICES BOARD APPOI NTED 10-0 Y Y Y Y Y Y Y A Y Y Y
Unexpired thru
Ronald D Madison 6/30/95
TIDEWATER COMMUNITY COLLEGE APPOI NTED 10-0 Y Y Y Y Y Y Y A Y Y Y
BOARD
Unexpired thru
Stanley Warranch 6130/95
L UNFINISHED BUSINESS BRiEANG TO B Y C 0 N S E N S U S
BE
Cable TV RegulatIOns SCHEDULED
M/1 COUNCIL-SPONSORED ITEMS
a ResolutIOn re actIOnS of Federal ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
AgencIeS for enforcement of Fair
Housing AJ:J., (legal actIOn against
MuniCIpalitIeS -- Oxford-House)
(Sponsored by Mayor Meyera E
Oberndorf)
b. ResolutIOn providing a Charter Revised 3-7 N Y Y N N N Y A N N N
Referendum re hmltatlOO on number Resolution Lost
of consecutIve terms Mayor/Coul1C/I to Negative Vote
Members may serve. (Sponsored by
Councilman Paul J Langeigne)
N ADJOURNMENT 10:30 PM