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NOVEMBER 9, 1993 MINUTESof Vir-gir- ia "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Large VICE MAYOR WILLIAM D SESSOMS JR At Large JOHN A BAUM, Blackwater Borough LI~IWOOD 0 BRANCH Ill V~rgmta Beach Borough JAMES W BRAZIER, JR, Lynnhaven Borough ROBERT W CLYBURN, Kempswlle Borough ROBf:RT K DEAN Pnncess Anne Borough LOUIS R ]ONES Baynde Borough PAUL J LANTEIGNE, Pungo Borough JOHN D MOSS At~.~arge NAN(2Y K PARKER, At Large ],,L~dES K SPORE Czty Manager LESLIE L LILLEY C~ty Attorney RUTH HODGES SMITH, CMC /AAE C~tv Clerk CITY COUNCIL AGENDA 281 CITY HALL BUILDIN'G MUNICIP4L CEN'7 ER VIR(,INI 4 BEACH VIRGIN'IA 2 ~45o 9005 I,q04~ 427 4~10~ NOVEMBER 9, 1993 I. CITY MANAGER'S BRIEFING - Council Chamber - 10:00 AM A, FIVE-YEAR FINANCIAL FORECAST E. Dean Block, Director, Management and Budget !1. FY 1993-94 / 1998-99 CAPITAL IMPROVEMENT PROGRAM WORKSHOP E. Dean Block, Director, Management and Budget A. RECONCILIATION OF ClP III. INFORMAL SESSION - Council Chamber - 12:30 PM Ao Bo C. CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 2:00 PM A. B, C. Do E, F. CALL TO ORDER - Mayor Meyera E. Obemdorf INVOCATION: Reverend Joseph E. French Francis Ashbury United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ELECTRONIC ROLL CALL OF CITY COUNCIL CERTIFICATION OF EXECUTIVE SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS - October 26, 1993 G. COUNCIL COMMrR'EE REPORT , 1986 BOND REFERENDA William A. Schlimgen, Chairman H. PUBUC HEARINGS 1. CAPITAL IMPROVEMENT PROGRAM a. Proposed FY 1994 Capital Budget $102,799,810 b. Proposed Six-Year CIP $950,028,532 2. GENERAL OBLIGATION BONDS $ 40,200,000 (Various Public Facilities/General Improvements) 3. WATER AND SEWER SYSTEM REVENUE BONDS $ 5,450,000 (Improvements/Expansions to City's Water-Sewer System) 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. . Resolution urging the Virginia Department of Housing and Community Development adopt pending changes to the Uniform Statewide Building Code re use of Iow water consuming devices in reconstruction and rehabilitation. . Ordinance to ACCEPT and APPROPRIATE $11,230 from the State Department of Criminal Justice Services (DCJS), Juvenile Justice Delinquency Prevention Act Grant #93- A8020J to the Grants Consolidated Fund re developing a cultural awareness/cultural diversity training curriculum and providing this training in four (4) workshops for Criminal Justice System professionals. . Ordinance to APPROPRIATE $13,006,083 for fiscal year 1994 re payment of purchase orders brought forward from fiscal year 1993 for materials, supplies, equipment or services ordered in 1993 but not delivered or invoiced. . Ordinance appointing viewers in the petition of JAMES M. BEVERLY for the closure of unimproved portion of 15th Street, formerly Georgia Avenue, shown upon that certain plat entitled 'Virginia Beach Development Company, Map No. 5" (VIRGINIA BEACH BOROUGH). J. RESOLUTION/ORDINANCE . Resolution requesting the support of the General Assembly Delegation for the City's Legislative Package in the 1994 General Assembly Session. (Deferred: 10/26/93) . Ordinance establishing a permanent full-time position for the City Clerk's Office re scanning records into the imaging system and to address increased workload. K. PUBUC HEARIHG 1. PLANNING a. Ordinance for the discontinuance, closure and ebandonment of a portion of a cul- de-sac on the East side of Bray Road, 329.61 feet North of Lynn Acres Road, containing 1,943 square feet, in the petition of THOMAS W. GODFREY SR. and MARGARET C. GODFREY (LYNNHAVEN BOROUGH). Deferred: Deferred for Compliance: Deferred: November 14, 1992 December 8, 1992 June 8, 1993 Recommendation: FINAL APPROVAL b. Applications of VIRGINIA BEACH DEVELOPMENT AUTHORITY (PRINCESS ANNE BOROUGH): (1) CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATIONS: (a) From AG-1 Agricultural District to I-I Light Industrial District 600 feet Northwest of General Booth Boulevard beginning at a point 2320 feet more or less South of Dam Neck Road, containing 26.0081 acres. (b) From AG-2 Aoricultural District to I-I Liaht Industrial District on the -- _ Northwest side of General Booth Boulevard beginning at a point 3100 feet more or less South of Dam Neck Road, containing 11.5466 acres. (c) From I-I Light Industrial District to B-2 Community Business District 550 feet more or less Northwest of General Booth Boulevard beginning at a point 3600 feet more or less South of Dam Neck Road, containing 2.0237 acres. (2) RECONSIDERATION OF CONDITIONS placed on the Corporate Landing Master Plan Land Use Rezoning Plan approved by City Council on June 13, 1988, re property on the South side of Dam Neck Road West of General Booth Boulevard, containing 34.39 acres. Recommendation: APPROVE ALL APPUCATIONS L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled, hearing or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM 11/03/93bap AG EN DA\I 1-09-93.Pin MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 9, 1993 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re the FIVE-Y~ FINANCIAL FORECAST to the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 9, 1993, at 10:00 A.M. Council Members Present. Robert W. Clyburn, Robert K. Dean, Louis R, Jones, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Absent: Vice Mayor William D Sessoms, Jr. ENTERED: 12:12 P.M. - Important Meeting/Bank] John A. Baurn [ENTERED: FORMAL SESSION 3:25 P.M. - Dentist & Family Funeral] Linwood O. Branch, III Paul J. Lanteigne James W. Brazier, Jr. [ENTERED: 10:12 A.M.] [ENTERED: 11:05 A.M.] [ENTERED: 10:45 A.M.] Vice Mayor Sessotns, being a Corporate Officer of Central Fidelity Bank, disclosed there are no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly files this Disclosure with the City Clerk as he may or may not know of the Bank's interest tn any application that may come before City Council. Vice Mayor Sessorns' letter of November 9, 1993, is hereby made a part of the record. -2- CITY MANAGER'S BRIEFINGS City of Virginia Beach WILLIAM D SESSOMS JR VICE MAYOR 809 GREENTREE ARCH VIRGINIA BEACH VIRGINIA 23451 (804) 455-5732 November 9, 1993 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center V~rginia Beach, Virginia 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 November 9, 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 "personal interest," as defined 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, William D. Sessoms, Jr. Vice-Mayor WDS,Jr./dmc November 9, 1993 -3- CITY MANAGER'S BRIEFINGS FIVE-YEAR FINANCZAL FORECAST ITEM # 37376 (Continued) Virginia Beach compares favorably with other Virginia communities regarding how much it spends on maintaining infrastructure and to provide critical services such as education, parks and recreation and public safety. According to the Virginia Auditor of Public Accounts, Virginia Beach continues to rank lowest in per capita costs for government services in comparable areas. Virginia Beach has always had a strong commitment to service. This commitment is also demonstrated in education funding, which the City makes its single greatest expenditure category, nearly 50% of the total budget. Even with this commitment, Virginia Beach ranks below comparison cities in per pupil expenditures. The term "base" budget has different meanings for the City and Schools forecast. For the City, the base budget represents only current levels of effort. It provides no additional funding for new programs, new positions or growth in demand or clients. For the Schools, the base budget includes funding and new positions associated with growth in student membership and the cost of opening new schools. New pay increases are not included in the base budget project for either City or Schools. This ttme last year, possible deficits were forecast, without pay increases, in the range of $25.5-MILLION for FY 1994-95 and a deficit of $74-MILLION over the forecast period. This year, that $25.5-MILLION gap has been closed at the "base" or "current services" budget level. This level of funding maintains existing levels of effort without major degradation or expansion of services, significant increases in cost, or pay increases. For schools, the "base" level includes new teachers for growth in student membership, as well as the cost of new schools. This year's forecast does not project a deficit for the city departments over the five year period. This is due to the improving economy which resulted in revenues exceeding original predictions and to the City's continuing efforts to lower the cost of providing services. The School's projectedfunding requirements for FY 1994-95 decreased by $17.3-MILLION from last year's forecast for FY 1994-95. This decrease in funding requirements is apparently due both to adjustments in methodology and a lower than anticipated student growth. FORECAST City and Schools Base Scenario "Normal" Growth Scenario Charts indicating Forecasts for City and Schools were presented by Mr. Block and are hereby made a part of the record. The alternative scenario is based on the growth assumptions made in the "normal growth ". For the City, expenditures will increase by the combined rates of inflation (approximately 2.5% annually) and the growth in population (approximately 1% annually). For Schools, the increases in expenditures are based on the combined growth rates of inflation (approximately 4% annually as provided in their forecast) and student enrollment (approximately 2.5% as assumed in their forecast). For both City and Schools these rates of growth are applied to all operations and maintenance costs. Debt Service expenditures are the same as in the main scenario. The amount of revenues allocated to support the expenditures for City Operations, School Operations and Debt Service/CIP is the same as in the main scenario. November 9, 1993 -4- CITY MANAGER'S BRIEFINGS FINANCL4L FORECAST ITEM # 37376 (Continued) Mr. Block cited the PROPOSED RECOMMENDATIONS FOR CONTINUED STABILIZATION: , 2. 6. Provide direction in December which provides the School System with the amount of the local revenue transfer, exclusive of State share sales tax, which will reasonably be available for FY1994-95. Tala'ng an early and proactive stance in providing Schools with the amount of the local support that is expected to be available will also aid the School System in the development of a realistic operating budget. Utilize the City's Legislative Package and such other avenues as are available to stress the importance of full education funding, including funding for any new initiatives or mandates. Retain all current revenue sources which support City and School operations and the CIP. Recognize and support the need for general government fee adjustments. Adopt a policy of not supplanting State or Federal revenues with local revenues if either or both should reduce their support for local school or city programs. Strongly urge the School System to postpone consideration of further operating or cap~ program initiatives, service level increases, or other upgrades beyond the FY 1993-94 Capital Budget until after the decision of the 1995 BRAC Commission. November 9, 1993 -5- FY 1993-94 / 1998-99 CAPITAL IMPROVEMENT PROGRAM WORKSHOP 11:47 P.M. ITEM # 37377 Mayor Oberndorf called to order the FY 1993-94 / 1998-99 CAPITAL IMPROVEMENT PROGRAM RECONCILIATION WORKSHOP in the Council Chamber, City Hall Building, on Tuesday, November 9, 1993, at 11:47 P.M. Council Members Present: Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Nancy IC Parker Council Members Absent: John A. Baum and Vice Mayor William D. Sessorns, Jr. November 9, 1993 -6- ITEM # 37378 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, November 9, 1993, at 1:08 P.M. Council Members Present: Linwood O. Brancl~ III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy IC Parker Vice Mayor William D. Sessoms, Jr. Council Members ,4bsent: John ,4. Bautn November 9, 1993 -7- ITEM # 37379 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To-Wit: Appointments - Boards and Commissions: Human Rights Commission LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provisions of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: Underground Storage Tanks Dorothy J. Williamson v. City of Virginia Beach, et al Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, James ~. Brazier, Jr., Robert W.. Clyburn, Robert lC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy lC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John A. Baum November 9, 1993 -8- FORMAL SESION I~IRGINIA BEACH CITY COUNCIL November 9, 1993 2:00 P3/I. 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, November 9, 1993, at 2:00 P.M. Council Members Present: Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Absent: John A. Baum [ENTERED: FORMAL SESSION 3:25 P.M. - Dentist & Family Funeral] INVOCATION: Reverend Joseph E. French Francis Ashbury United Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA November 9, 1993 -9- Item IV-E. 1. CERTIFICATION OF EXECUTIVE SESSION ITEM # 37380 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndo~ John D. Moss, Nancy K, Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John A. Baum November 9, 1993 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to thc affirmative vote recorded in ITEM # 37379, Page No. 7, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. R6th Hodges'~mith, CMC/AAE City Clerk November 9, 1993 - 10 - Item IV- F. 1. MINUTES ITEM # 37381 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of November 2, 1993. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert 32 Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndoff, John D. Moss, Nancy 32 Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: John ,4. Baton November 9, 1993 - 11 - Item 1V-G.i. COUNCIL COMMITTEE REPORT ITEM # 37382 William A. Schlimgen, Chairman - Bond Referendum Committee, reported the expenditures and obligations incurred by the City through September 30, 1993 on highway and school projects related to the 1986 referendum, community center projects related to the 1987 referendum, school projects related to the 1989 Referendum, and the Lake Gaston Water Resource Project approved in the 1988 Referendum. Relative the 1986 Highway Referendum, the Ferrell Parkway, Independence Boulevard Phase H-A, Indian River Road, Northampton Boulevard, General Booth Boulevard and two Lynnhaven Parkway projects are complete. Construction is scheduled to begin on Independence Boulevard, Phase IV-A in April 1994. Of $40,000,000 authorized, 96. 7%, or $38,686,961, has been contracted. Concerning the 1987 Recreation Center Referendum, the Great Neck, Bayside and Bow Creek facilities are open to the public. The Princess Anne Community Center project is 97% complete. Through September 30, 1993, $32,132,341, or 97.8%, of the $32,850,000 total has been contracted. With reference to the 1986 School Referendum, negotiations are underway for the Various School Site Acquisitions. Construction is complete on Ocean Lakes, Red Mill Farm, Tallwood and Glenwood Elementaries. Sites for Landstown (formerly Green Run) Elementary and Middle School and Strawbridge (formerly London Bridge) Elementary School have been acquired. Construction began on Ocean Lakes High School in January 1993 and, as of September 30, 1993 was 45% complete. Corporate Landing Elementary School is 99.9% complete. Funds totaling $32,310,000, or 100% of the $32,310,000 authorized, have been contracted. Concerning the 1989 School Referendum, work is complete on the original thirteen elementary school gymnasium additions. Construction on the addition at Old Donation Center for the Gifted and Talented began December 1992 and, as of September 30, 1993, was 75% complete. Work is complete on Strawbridge Elementary and the Bayside and Kellam High School modernizations. Construction of the Tallwood High, Landstown Elementary, and Landstown Middle School projects is 99.9%, 99.9%, and 99.9% complete, respectively. Of $68,375,000 authorized, $68,118,058, or 99.6%, has been contracted. Relative the 1988 Lake Gaston Water Resource Project Referendum, as indicated in previous quarterly reports, work on this project is delayed pending approval from the Federal Energy Regulatory Commission. However, in December 1991, a Federal Appeals Court ruled construction could begin on the overhead crossings (Contract BI) and the below-ground portion of the pump station (part of Contract D1). Construction has begun on BI and the authorized portion of D1, and is 61% and 83% complete, respectively. Of $161,522,000 authorized, $26,240,383 or 16%, has been contracted. November 9, 1993 - 12 - Item IV-H. 1. ITEM # 37383 Mayor Oberndorf DECLARED A PUBLIC HEARING: CAPITAL IMPROVEMENT PROGRAM Proposed FY 1994 Capital Budget $102,799,810 Proposed Six-Year CIP $ 9s0,028,s32 The following registered to speak on various concerns: Al Strazzullo, 3120 Sand Pine Roa~ Phone: 481-0024, represented the Citizens Action Coalition Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Linda Hudson, 344 Whiting Lane, Phone: 426-7588 Attorney 1~ J. Nutter H, 4425 Corporation Lane, Phone: 671-6037 Charles F. Earp, 329 Teal Crescent, Phone: 721-7711 Judy Gearhart, 2865 Sandpiper, Phone: 426-7700 Herb Taylor, 3325 Sandpiper Road, Edward S. Martin, 2253 Widgeon Lane, Phone: 721-7734 Al Toher, 4141 Rundel Lane, Phone: 340-8013 Stephen Koontz, 1154 Wood Cock Lane, Phone: 425-8802 Warren King, 1126 Kearsarge Court, Phone: 496-0145 Sandi Mitchell, 728 Harris Point Drive, Phone: 499-4061, represented the Bayside High School t~A James F. Maclin, 3012 Sandfiddler Road, Phone: 271-5020 Maxine C. Graham, 3057 South Sandpiper Road There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 9, 1993 - 13 - Item [V-H. 2. ITEM # 37384 Mayor Oberndorf DECLARED A PUBLIC HEARING: GENERAL OBLIGATION BONDS $ 40,200,000 (Various Public Facilities/General Improvements) The following registered to speak: Walter Erb, 150 Cayuga Road, Phone: 497-7451 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 9, 1993 - 14 - Item IV-H.3. ITEM # 37385 Mayor Oberndorf DECIalRED A PUBLIC HEARING: WATER AND SEWER SYSTEM REVENUE BONDS $ 5,450,000 (Improvements/Expansions to City's Water-Sewer System) The .following registered to speak: Walter Erb, 150 Cayuga Road, Phone: 497-7451 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 9, 1993 - 15 - CONSENT AGENDA ITEM # 37386 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED in ONE MOTION items 1, 2, 3 and 4 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: John A. Bautn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 9, 1993 - 16 - Item IV-L1. CONSENT AGENDA ITEM # 37387 Upon motion by Vice Mayor Sessorns, seconded by Councilman Moss, City Council ADOPTED: Resolution urging the Virginia Department of Housing and Community Development adopt pending changes to the Uniform Statewide Building Code re use of low water consuming devices in reconstruction and rehabilitation. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None November 9, 1993 RESOLUTION URGING THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TOADOPT THE PENDING CHANGES TO THE VIRGINIA UNIFORM STATEWIDE BUILDING CODE, WHICH WOULD REQUIRE THE USE OF LOW WATER CONSUMING DEVICES. WHEREAS: water is a finite and precious resource that is in increasingly short supply throughout the Commonwealth; WHEREAS: water like all of our natural resources should be conserved wherever possible; WHEREAS: the Department of Housing and Community Development is considering changes to the Virginia Uniform Statewide Building Code, which would require the use of low water consuming devices; WHEREAS: an ultra low flush toilet for instance will use 1.6 gallons per flush as opposed to six gallons from a conventional toilet; WHEREAS: the City of Virginia Beach has for a number of years required the use of water conserving fixtures in new construction and rehabilitation; and WHEREAS: the city has also vigorously pursued the installation for instance of ultra-low flush toilets through the use of rebates. NOW, THEREFORE, BE IT RESOLVED: by the Council of the City of Virginia Beach that the Department of Housing and Community Development is requested to adopt as soon as possible pending changes to the Virginia Uniform Statewide Building Codes, which would require the use of iow water consuming devices; BE IT FURTHER RESOLVED: that this action should be expedited to the extent possible and should also extend to requiring the use of iow water consuming devices in reconstruction and rehabilitation. the Resolved by the Council of the City of Virginia Beach on November day of , 1993. -17- Item IV-L2. CONSENT AGENDA ITEM # 37388 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $11,230 from the State Department of Criminal Justice Services (DC. IS), Juvenile Justice Delinquency Prevention Act Grant g93-A8020J to the Grants Consolidated Fund re developing a cultural awareness/cultural diversity training curriculum and providing this training in four (4) workshops for Criminal Justice System professionals. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None November 9, 1993 AN ORDINANCE TO ACCEPT AND APPROPRIATE $11,230 FROM THE STATE DEPARTMENT OF CRIMINAL JUSTICE SERVICES FOR DEVELOPMENT OF A TRAINING CURRICULUM AND PROVISION OF FOUR CITY-WIDE WORKSHOPS FOR CRIMINAL JUSTICE SYSTEM PROFESSIONALS FOCUSING ON CULTURAL AWARENESS AND DIVERSITY 5 WHEREAS, the Department of Juvenile Probation is responsible for provl&ng support services for the Juvenile and 6 Domestic Relations Court, probation and family counseling services for clients, intake coverage for the public and police, 7 and spouse abuse support services for residents of Virginia Beach, WHEREAS, a recent analysis of cultural trends shows a cultural change in the State's and Nation's cultural composition characterized by increases in ethnic and multi-cultural populations, and in the clientele served by the Criminal Justice System, 3. 'l WHEREAS, Criminal Justice System professionals (Judges, Administrators, Police, Intake and Probation Officers, 'l 2 Sheriffs, Detention staff, etc ) have frequent direct contact with members of multi-cultural populations during very stressful 3- 3 situations, for which training in cultural awareness and diversity would be of assistance in providing services to this 3.4 chentele, WHEREAS, the Department of Juvenile Probation has applied for, and has been awarded a grant in the amount of $11,230 00 (to be paid in quarterly payments of three @$2,808, and 1 @$2,806) to develop a training curriculum on cultural awareness and diversity, and to provide this training through four workshops for Criminal Justice System professionals which would not require City matching funds 3.9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 2 0 VIRGINIA, to accept and appropriate $! 1,230 00 from the State Department of Criminal Justice Services (DCJS), Juvenile 2 3. Justice Delinquency Prevention Act Grant #93-A8020J to the Grants Consohdated Fund for the purpose of developing a 2 2 cultural awareness/cultural diversity training curriculum and providing this training in four workshops for Criminal Jusuce 2 3 System professionals 24 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, to 2 5 increase Estimated State revenue by $11,230.00 26 This ordinance shall be effective from the date of its adopuon 2 7 Adopted by the Council of the City of Virginia Beach, Virginia on the Nxnt:h day of November , 1993. 28 2 9 APPROVED AS TO CONTENT 33- DEPARTMENT OF MANAGEMENT AND BUDGET 32 c \budget\93-94\jprodcjs ord vol 32 sgh - 18 - Item 1V-L3. CONSENT AGENDA ITEM # 37389 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to APPROPRIATE $13,006,083 for fiscal year 1994 re payment of purchase orders brought forward from fiscal year 1993 for materials, supplies, equipment or services ordered in 1993 but not delivered or invoiced. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None November 9, 1993 AN ORDINANCE TO APPROPRIATE $13,006,083 FOR FISCAL YEAR 1994 FOR THE PAYMENT OF PURCHASE ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1993 7 WHEREAS, during the course of business in fiscal year 1993, purchase orders or contracts were issued committing the City to purchase materials, supplies, equipment or services for use by several departments, divisions or bureaus, and 10 WHEREAS, these purchase orders or contracts were charged to appropriations previously authorized for the fiscal year ended June 30, 1993 so as to reduce the unencumbered balance of those appropriations, and 11 12 13 WHEREAS, on June 30, 1993, there were purchase orders or contracts totalling $13,006,083 for which materials, supplies, equipment or services had not been delivered or invoiced. 14 15 16 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that the funds totalling $13,006,083 for purchase orders or contracts outstanding on June 30, 1993, be appropriated to fiscal 1994 operating budgets for the respective departments of the City so that upon delivery of the materials, supplies, equipment or services there shall be sufficient funds to make payments. 19 20 BE, IT FURTHER ORDAINED that the appropriations be offset from funds in the following respective fund balances: General School Operating ~ Water & Sewer School Self-Insurance Trust ~ Federal Housing Assistance E-911 Communicatzon Systems 27 Tourism Growth Investment 28 Rssk Management ~ Information Technology School Cafeterias ~ Parks & Recreation Print Shop ~ School Athletsc Telecommunications ~ Capstal Projects Csty Garage 37 Golf Courses 38 39 40 of $ 6,010,496 School Textbook $ 32,577 3,634,000 Parking 27,739 1,728,668 Microcomputer 26,639 559,513 Automated F~nger Prsnt ID 15,611 179,515 MH/MR/SA 2,535 125,001 Marine Science Museum 1,905 90,135 Sheriff's Dept. 1,620 89,176 Law Library 772 79,786 Access Channel Support 702 70,125 City Beautification 583 64,100 Mental Retardation Gsft 510 49,407 Parks & Recreation Gift 101 46,955 45,888 Total Fund Balance $13,006,083 44,416 40,163 37,445 This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virignia on the November ., 1993. 41 Public Hearing: 9 day ,~OVED AS TO CQxNzTENTS "-;',&RT~ ~ ~;q ' - 19 - Item IV-L 4. CONSENT AGENDA ITEM # 37390 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance appointing viewers in the petition of JAMES M. BEVERLY for the closure of unimproved portion of 15th Street, formerly Georgia Avenue, shown upon that certain plat entitled "Virginia Beach Development Company, Map No. 5" (VIRGINIA BEACH BOROUGH). The Viewers are: David M. Grochmal Director of General Services Robert J. Scott Director of Planning Director of Public Works Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert lc Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. OberndorjS, Nancy lC Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None November 9, 1993 NOTICE PLEASE TAKE NOTICE that at the meeting of the City Council of the City of Virginia Beach, Vmrginia, to be held on the 9th day of November, 1993, at 2:00 o'clock p.m., at the City Hall of the City of V~rginia Beach, Princess Anne Station, the undersigned wzll petition the Counczl for the appointment of Vzewers to view the below-described portion of that certain street and report to the Czty Council whether in the opinion of the Viewers, what, if any, znconvenzence would result from the vacatzng, closzng and dzscontinuance of same, the said portion of said street being described as follows: ALL THAT certain lot, piece or parcel of land, with the buildings and zmprovements thereon, lying, situate and bezng in the Cmty of Vlrgmnma Beach, V~rgznza, and being a portzon of Fifteenth Street, formerly Georgia Avenue, and being bounded and descrzbed as follows: BEGINNING at a point, being the Northwest zntersection of Fifteenth Street extended and Arctic Avenue, sometimes known as Arctzc Cmrcle, sometzmes known as Arctic Crescent, and from samd poznt of beginnmng running Southerly along the Western rmght-of-way lmne of Arctzc Avenue S 08 degrees 13' 00" E 65 feet to a point; thence S 59 degrees, 05' 00" W 177.79 feet to a point; thence S 46 degrees 30' 00" E 5.19 feet to the Northeastern most point of Lot 1 zn Block 5 of "Map No. 5 of Property of Virginia Beach Development Co.," as recorded in the Clerk's Office of the Circuit Court of the Cmty of Virgznia Beach, Virginia, zn Map Book 5, Part 1, Page 21-2 of 2; thence S 64 degrees 49' 47" W 9.46 feet to the Western boundary of the property now or formerly belonging to Sam B. Archbell, thence along samd boundary N 46 degrees 43' 51" W 115.79 feet to a pomnt; thence N 08 degrees 13' 00" W 49.83 feet to a pomnt mn the Southern boundary of Block 19 and Northern right of way of 15th Street as shown on that certain plat entitled, "Vzrginia Beach," said plat being recorded in the Clerk's Office aforesaid zn Map Book 1, page 20B; thence along the Southern boundary of said Block 19 and Northern right of way of 15th Street N 81 degrees 47' 00" E 241.94 feet to the point of beginning. ALL the above, shown upon that certain plat entitled, "Plat of virginia Beach Development Co., Map No. 5," made by Mel Smith & Associates, dated January 5, 1993. At that time, anyone affected may appear and present his views. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed on the agenda, the undersigned will Petition the City Council to vacate, close and discontinue that portion of 15th Street, in the City of Virginia Beach, Virginia, described above. John W. Richardson, Esquire STALLINGS & RICHARDSON, P.C. 2101 Parks Avenue, Suite 801 Post Office Box 1687 Vlrgznza Beach, Vlrginza 23451 (804) 422-4700 elB IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS 15TH STREET, SHOWN UPON THAT CERTAIN PLAT ENTITLED "VIRGINIA BEACH DEVELOPMENT CO., MAP NO. 5," MADE BY MEL SMITH & ASSOCIATES, WHICH PLAT IS ATTACHED HERETO. PETITION Your petitioner, James M. Beverly, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street described as follows: ALL THAT certain lot, piece or parcel of land, with the buildings and Improvements thereon, lying, situate and being in the City of V~rg~n~a Beach, Virginia, and being a port~on of F~fteenth Street, formerly Georgia Avenue, and being bounded and described as follows: BEGINNING at a point, being the Northwest intersection of F~fteenth Street extended and Arctic Avenue, sometimes known as Arctic C~rcle, sometimes known as Arctic Crescent, and from sa~d point of beginning running Southerly along the Western right-of-way l~ne of Arctic Avenue S 08 degrees 13' 00" E 65 feet to a point; thence S 59 degrees, 05' 00" W 177.79 feet to a point; thence S 46 degrees 30' 00" E 5.19 feet to the Northeastern most point of Lot 1 in Block 5 of "Map No. 5 of Property of Virginia Beach Development Co.," as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, Part 1, Page 21-2 of 2; thence S 64 degrees 49' 47" W 9.46 feet to the Western boundary of the property now or formerly belonging to Sam B. Archbell, thence along sa~d boundary N 46 degrees 43' 51" W 115.79 feet to a point; thence N 08 degrees 13' 00" W 49.83 feet to a point ~n the Southern boundary of Block 19 and Northern right of way of 15th Street as shown on that certain plat entitled, "Virginia Beach," said plat being recorded in the Clerk's Office aforesaid in Map Book 1, page 20B; thence along the Southern boundary of sa~d Block 19 and Northern right of way of 15th Street N 81 degrees 47' 00" E 241.94 feet to the point of beginning. Samd parcel of land being a portion of 15th Street, as indmcated on that certain plat entmtled, "Plat of Virginia Beach Development Co., Map No. 5," made by Mel Smith & Associates, dated January 5, 1993, which plat is attached hereto and made a part hereof. 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the Petztioner prays that this Honorable Council appoznt viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council on or before the day of , 1993, as to whether in the opinion of sa~d V~ewers, that inconvenience, if any, would result from the discontinuance and closing of this portmon of said street, as herein reported and descrmbed. 3. That on the 27th day of October , 1993, and on the 3rd day of November , 1993, notice of the presenting of this applicatzon was published in the Beacon, a newspaper of general c~rculatzon in the City of Virginia Beach, Virginia. 4. That the fee simple owners of all land along and adjacent to and affected by said portion of the platted street ms your petitioner here~n, James M. Beverly, 317-B First Colonial Road, Vzrgznza Beach, Vzrgznia 23454; Bernard T. Calvillo, 1500 Arctic Avenue, Virgznma Beach, Virginia 23451; Bradshaw W. Fentress, 400 Arctzc Crescent, V~rgznma Beach, Vzrginia 23451; and Isadore S. zfass, 401 15th Street, Virgznia Beach, Vzrgmnma 23451. John W. Rmchardson, Esquire STALLINGS & RICHARDSON, P.C. 2101 Parks Avenue, Suite 801 Post Office Box 1687 V~rg~nia Beach, V~rgin~a 23451 (804) 422-4700 Respect~ ~ubmlt ted, ounsel I__ -- I I I I I IIII I I I I II I Leke Holly N 08°15'00''w 49.83' N 46°4~'51'' W 115.79' 9.46' 5.19' MAP NO, 5 VA. 8CH. ( I, PG.21' 2 of a 5'$TREETCLOSURE PER TOWN COUNCIL 2'28'$8 DEED BOOK I,~2, PAGEIgl S 08'15'00"E 65.00' N 81'47'00"E 241.94' "RESUBDIWSION OF PROPERTY, LOTS 1,2~3,4,5 8 6, 8LOCK 19, PLAT OF VIRGINIA BEACH (M. 8. I, P6.20) " /~.8.2 01, PC.,.39 O0 A RC T/C AVENUE rso' ) VIRGINIA BEACH Scole I"= I PLAT OF PROPERTY SHOWN ON PLAT OF VIRGINIA BEACH DEVELOPMENT CO, MAP NO.5 M.B.$, PT, I~ PG 21 (2of2) VIRGINIA JAN 5,1995 I I I BUEL SUITH & ASSOCIATES EN(~'dNFr. ERING, SURVEYING. Pk.ANNING Wg~a Beam, Wg~a ~ - I AFFIDAVIT STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to-wit: I, John W. Richardson, attorney for James M. Beverly, being first duly sworn, depose and state: 1. That I am an attorney at law, practicing in the City of Virginia Beach, Virginia, and represent James M. Beverly. 2. That on the 27th day of October, 1993, and on the 3rd day of November, 1993, not~ce of the presenting of the application to close a portion of that certain street known as 15th Street on behalf of James M. Beverly, was published in the Beacon, a newspaper with general circulation in the City of Virginia Beach, V~rg~nia. Further the deponent sayeth ,~Subscrlbed and sworn to before {me this~~~day of My commission expires' MOOOY E STALLINGS JR JOHN W RICHARDSON GREGORY KlM PUGH KEVlN E MARTIN-GAYLE STALLINGS AND RICHARDSON, P.C. A'~I'ORNEYS AND COUNSELLORS AT LAW 2101 PARKS AVENUE PAVILION CENTER SUITE 801 P O BOX 1687 VIRGINIA BEACH VIRGINIA 2.3451 TELEPHONE (804! 422 4700 FACSIMILE {BO4) 422-3320 1. I, John W. Richardson, attorney for James M. Beverly, hereby certify that I am an attorney at law and represent James M. Beverly, the petmtmoner. 2. If the property described below is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then t~tle to samd property will remain vested in CALA Corporation, the holder of the underlymng fee in samd property, free from the · nterests of the public mn and to the property as a publmc street. The samd property referred to herein is hereby described as follows' ALL THAT certain lot, pmece or parcel of land, with the bumldings and mmprovements thereon, lymng, situate and being in the City of Vmrgmnma Beach, Vmrgmnma, and being a portion of Fmfteenth Street, formerly Georgma Avenue, and bemng bounded and descrmbed as follows: BEGINNING at a pomnt, bemng the Northwest intersection of Fmfteenth Street extended and Arctic Avenue, sometimes known as Arctic Cmrcle, sometmmes known as Arctmc Crescent, and from said pomnt of begmnning running Southerly along the Western rmght-of-way lmne of Arctmc Avenue S 08 degrees 13' 00" E 65 feet to a pomnt; thence S 59 degrees, 05' 00" W 177.79 feet to a point; thence S 46 degrees 30' 00" E 5.19 feet to the Northeastern most point of Lot 1 mn Block 5 of "Map No. 5 of Property of Virginma Beach Development Co.," as recorded mn the Clerk's Offmce of the Circuit Court of the Cmty of Vmrgmnia Beach, Vmrgmnma, mn Map Book 5, Part 1, Page 21-2 of 2; thence S 64 degrees 49' 47" W 9.46 feet to the Western boundary of the property now or formerly belongmng to Sam B. Archbell, thence along samd boundary N 46 degrees 43' 51" W 115.79 feet to a point; thence N 08 degrees 13' 00" W 49.83 feet to a pomnt in the Southern boundary of Block 19 and Northern right of way of 15th Street as shown on that certain plat entitled, "Virgmnia Beach," said plat being recorded in the Clerk's Office aforesaid mn Map Book 1, page 20B; thence along the Southern boundary of samd Block 19 and Northern right of way of 15th Street N 81 degrees 47' 00" E 241.94 feet to the point of beginnmng. ORDINANCE APPOINTING VIEWERS WHEREAS, James M. Beverly has given due and proper notice in accordance with the statutes for such cases made, that he will on the 9th day of November , 1993, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street of variable w~dth, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia' THAT Robert C. Scott , David M. Grochmal , and Ralph A. Smith , are hereby appointed to v~ew the below described property and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result in the discontinuing and vacating of a portion of that certain street of variable width located ~n the C~ty of V~rg~nia Beach, Virginia, and more particularly described as follows- ALL THAT certain lot, piece or parcel of land, w~th the buildings and ~mprovements thereon, lying, s~tuate and being in the C~ty of V~rg~nla Beach, Virginia, and being a portion of F~fteenth Street, formerly Georgia Avenue, and being bounded and described as follows' BEGINNING at a point, being the Northwest ~ntersection of F~fteenth Street extended and Arctic Avenue, sometimes known as Arctic C~rcle, sometimes known as Arctic Crescent, and from said point of beginning running Southerly along the Western right-of-way line of Arctic Avenue S 08 degrees 13' 00" E 65 feet to a point; thence S 59 degrees, 05' 00" W 177.79 feet to a point; thence S 46 degrees 30' 00" E 5.19 feet to the Northeastern most point of Lot 1 in Block 5 of "Map No. 5 of Property of Virginia Beach Development Co.," as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, V~rgin~a, ~n Map Book 5, Part 1, Page 21-2 of 2; thence S 64 degrees 49' 47" W 9.46 feet to the Western boundary of the property now or formerly belonging to Sam B. Archbell, thence along said boundary N 46 degrees 43' 51" W 115.79 feet to a point; thence N 08 degrees 13' 00" W 49.83 feet to a point ~n the Southern boundary of Block 19 and Northern right of way of 15th Street as shown on that certain plat entitled, "V~rginia Beach," sa~d plat being recorded in the Clerk's Off~ce aforesaid ~n Map Book 1, page 20B; thence along the Southern boundary of said Block 19 and Northern right of way of 15th Street N 81 degrees 47' 00" E 241.94 feet to the point of beginning. ALL the above, shown upon that certain plat entitled, "Plat of Virginia Beach Development Co., Map No. 5," made by Mel Smith & Associates, dated January 5, 1993. this Adopted by the Council of the City of Virginia Beach, Virginia, 9 day of November , 1993. ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS 15TH STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT OF VIRGINIA BEACH DEVELOPMENT CO., MAP NO. 5," WHICH PLAT IS ATTACHED HERETO. WHEREAS, mt appearing by affidavmt that property notice has been given by James M. Beverly, that he would make applicatmon on , 1993, to have the hereinafter described street dlscontmnued, closed and vacated; and WHEREAS, mt ms the judgment of the Council that said street be dmscontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginma Beach, Vmrgmnia, that the heremnafter described street be discontinued, closed and vacated: ALL THAT certain lot, piece or parcel of land, wmth the buildings and improvements thereon, lyzng, situate and bemng mn the City of Virgmnia Beach, Virgznma, and being a portion of Fifteenth Street, formerly Georgia Avenue, and being bounded and described as follows: BEGINNING at a point, being the Northwest intersection of Fmfteenth Street extended and Arctic Avenue, sometimes known as Arctic Cmrcle, sometmmes known as Arctic Crescent, and from samd pomnt of beginning runnmng Southerly along the Western right-of-way lmne of Arctic Avenue S 08 degrees 13' 00" E 65 feet to a point; thence S 59 degrees, 05' 00" W 177.79 feet to a pomnt; thence S 46 degrees 30' 00" E 5.19 feet to the Northeastern most point of Lot 1 mn Block 5 of "Map No. 5 of Property of Virginia Beach Development Co.," as recorded in the Clerk's Office of the Circuit Court of the Cmty of Vmrgmnma Beach, Vmrgznia, in Map Book 5, Part 1, Page 21-2 of 2; thence S 64 degrees 49' 47" W 9.46 feet to the Western boundary of the property now or formerly belonging to Sam B. Archbell, thence along said boundary N 46 degrees 43' 51" W 115.79 feet to a point; thence N 08 degrees 13' 00" W 49.83 feet to a pomnt ~n the Southern boundary of Block 19 and Northern right of way of 15th Street as shown on that certamn plat entitled, "Virginia Beach," samd plat being recorded in the Clerk's Office aforesaid mn Map Book 1, page 20B; thence along the Southern boundary of said Block 19 and Northern right of way of 15th Street N 81 degrees 47' 00" E 241 .94 feet to the point of beginning. Said parcel of land bemng a portion of 15th Street, as indicated on that certain plat entmtled, "Plat of Property of Virginia Beach Development Co., Map No. 5," made by Mel Smmth & Associates, dated January 5, 1993, whmch plat ms attached hereto and made a part hereof. SECTION II A certifmed copy of this Ordinance shall be filed in the Clerk's Office of the Circumt Court of the City of Virginia Beach, Virginia, and indexed mn the name of the City of Virgmnia Beach as Grantor. Adopted: G-PIN NO. ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, V~rg~n~a, and being a portion of Fifteenth Street, formerly Georgia Avenue, and being bounded and described as follows: BEGINNING at a point, being the Northwest ~ntersection of Fifteenth Street extended and Arctic Avenue, sometimes known as Arctic Circle, sometimes known as Arctic Crescent, and from said point of beginning running Southerly along the Western right-of-way l~ne of Arctic Avenue S 08 degrees 13' 00" E 65 feet to a point; thence S 59 degrees, 05' 00" W 177.79 feet to a point; thence S 46 degrees 30' 00" E 5.19 feet to the Northeastern most point of Lot 1 in Block 5 of "Map No. 5 of Property of V~rginia Beach Development Co.," as recorded in the Clerk's Office of the Circuit Court of the City of V~rginia Beach, Virginia, ~n Map Book 5, Part 1, Page 21-2 of 2; thence S 64 degrees 49' 47" W 9.46 feet to the Western boundary of the property now or formerly belonging to Sam B. Archbell, thence along said boundary N 46 degrees 43' 51" W 115.79 feet to a point; thence N 08 degrees 13' 00" W 49.83 feet to a point in the Southern boundary of Block 19 and Northern right of way of 15th Street as shown on that certain plat entitled, "Virginia Beach," sa~d plat being recorded ~n the Clerk's Office aforesaid in Map Book 1, page 20B; thence along the Southern boundary of sa~d Block 19 and Northern right of way of 15th Street N 81 degrees 47' 00" E 241.94 feet to the poznt of beginning. - 20 - Item IV-J. 1, RESOLUTIONS~ORDINANCES ITEM # 37391 The following registered in OPPOSITION: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED, AS AMENDED: Resolution requesting the support of the General Assembly Delegation for the City's Legislative Package in the 1994 General Assembly Session. The following item shall be ADDED to the LEGISLATIVE PACKAGE: Matching funds from the State shall be requested for a Juvenile Detention Facility. The following issue shall be AMENDED in the LEGISLATIVE PACKAGE: Full Funding of Education. Recommendation The General Assembly should fully fund the Standards of Quality and the State's mandates for teachers' salaries, nurses or other requirements. Furthermore, the State should begin a program of funding the costs of capital facilities necessary for educating the children of the Commonwealth. The following issue shall be DELETED from the LEGISLATIVE PACKAGE: Exemption of nonprofits from Stormwater Management Fee. November 9, 1993 - 21 - Item IV-J. 1. RESOLUTIONS/ORDINANCES ITEM # 37391 (Continued) Voting: ll-O*(See Verbal Nays) Council Members Voting Aye for The Legislative Package: John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Louis Jones, Paul J. Lanteigne and Vice Mayor William D., Sessorns, Jr. Council Members Voting Aye with Verbal Nays on specific items: Funding for lease payments of a new 100,000 square feet office building to house the Department of Social Services and the Health Department. Verbal Nay - Robert I~ Dean Amendment of two code sections dealing with tax increment financing. Verbal Nay - Robert I~ Dean and John D. Moss Change the special service district code section to allow the provision of "more timely services" in the district s well as the "additional" or "more complete" services. Verbal Nay - John D. Moss Constitution Amendment to allow elected School Board with taxing power. Verbal Nay - James W. Brazier, Jr. and Robert IC Dean Billing of stormwater utility accounts. Verbal Nay - Robert ~ Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy ~ Parker Council Members Absent: None November 9, 1993 RESOLUTION SUBMITTING THE CITY'S LEGISLATIVE PACKAGE TO THE GENERAL ASSEMBLY DELEGATION FOR CONSIDERATION IN THE 1994 GENERAL ASSEMBLY SESSION. WHEREAS: The 1994 General Assembly Session will begin January 1994; WHEREAS: The Council has traditionally provided a package of legislative request to the General Assembly Delegation in support of the goals and objectives of the City; and WHEREAS: Council has considered a number of issues for inclusion in the Legislative Package and has adopted the package including the following issues: FUNDING ISSUES IN PRIORITY ORDER $5 million to fund the construction of the expansion of the Marine Science Museum. Request $458,950, which is 50% of the cost, to relocate the Pendleton Child Service Center. Funding for lease payments of a new 100,000 sq. ft. office building to house the Department of Social Services and the Health Department. $5 million for partial funding of the Hurricane Protection Program. Request the State match the city $250,000 for planning a new Virginia Beach juvenile detention home. STATEWIDE FUNDING ISSUES Request for the state to pay the local share of the cost of establishing the new family court system. The total local cost is estimated at $800,000. Full funding for the Virginia Housing Partnership Fund. Full funding of education including any mandated teacher salary increases. Transportation funding. Full funding for State Aid to Libraries. OTHER ISSUES Request a class two misdemeanor for a hotel/motel guest to refuse to relinquish a room at the conclusion of his agreed length of stay and requested to do so by the management. Request the code be amended to allow the city to impose civil penalties without requiring the owner appear in court on housing and property maintenance violations. Enabling legislation be enacted, which would allow the city to offer sufficient incentives for recycling, and similar businesses to relocate in what are called Environmental Enterprise Zones. Amendment of two code sections dealing with tax increment financing. Change the special service district code section to allow the provision of "more timely services" in the district as well as the "additional" or "more complete" services. Post Labor Day school opening. Declaration of local emergency. Constitutional Amendment to allow elected School Board with taxing power. Abuse of dealer license plates. Billing of stormwater utility accounts. ADDENDUM PUBLIC SAFETY PACKAGE NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach, the General Assembly is requested to support legislation that would carry out the principles as outlined in the Legislative Package for the 1994 Session of the General Assembly. Resolved by the Council of the City of Virginia Beach on day of November , 1993. - 22 - Item IV-H. 2. RESOL UTIONS/ORDINANCES ITEM # 37392 MOTION was made by Councilman Moss, seconded by Councilman Dean: The Council of the City of Virginia Beach requests the General Assembly to amend Section 15.1-292.4 of the Code of Virginia to provide that no ordinance to establish a utility or to enact a system of service changes for stormwater management shall be adopted until first approved by the voters of the locality in a referendum. It is further requested that the statute provide that any ordinance to establish a utility or to enact a system of service changes for stormwater management, which was adopted prior to July 1, 1996, shall become void on July 1, 1996, unless approved and ratified by the voters in a referendum prior to that date. Voting: 4-7 (MOTION LOST TO ,4 NEGATIVE VOTE) Council Members Voting ,4ye: Robert ~ Dean, John D. Moss, Mayor Meyera E. Oberndo~ Nancy 14. Parker Council Members Voting Nay: John `4. Baurn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, and Vice Mayor William D Sessoms, Jr. Council Members ,4bsent: None November 9, 1993 Item 1V-H. 3. ~SOL UTIONS/ORD1N,4NCES ITEM # 37393 Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council DEFERRED INDEFINITEL Y: Ordinance establishing a permanent full-time position for the City Clerk's Office re scanning records into the imaging system and to address increased workload. Voting: 10-1 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert K. Dean, Louis I~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy I(. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: Robert W. Clyburn Council Members Absent: None November 9, 1993 - 24 - Item IV-ICl. PUBLIC HEARING ITEM # 37394 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING , (a) THOMAS W. GODFREY, SR. AND AND MARGARET C. GODFREY STREET CLOSURE (b) VIRGINIA BEACH DEVELOPMENT AUTHORITY CONDITIONAL CHANGE OF ZONING RECONSIDERATION OF CONDITIONS November 9, 1993 - 25 - Item 1V-l~ l.a. PUBLIC HEARING ITEM # 37395 PLANNING Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000, represented the applicant Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessoms, City Council AUTHORIZED FINAL APPROVAL of an Ordinance upon application of THOM,iS W. GODFREY, SR. and MARGARET C. GODFREY for the discontinuance, closure and abandonment of a portion of a cul-de- sac on the East side of Bra_v Road. Application of Thomas W. Godfrey, Sr., & Margaret C. Godfrey for the discontinuance, closure and abandonment of a portion of a cul-de-sac located on the east side of Bray Road, 329.61 feet north of Lynn Acres Road. Said parcel contains 1,943 square feet. LYNNHAVEN BOROUGH. City Council AMENDED the conditions on June 8, 1993, to read as follows: The applicant shall dedicate a utility easement, acceptable to Public Utilities, over a portion of Bray Road proposed for closure and over a portion of the applicant's property to accommodate existing utility lines. Further compensation will not be required. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. Voting: 11-0 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, John D. Moss, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None November 9, 1993 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS BRAY ROAD LOCATED IN THE LYNNHAVEN BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, SHOWN ON THE HATCHED AREA UPON THAT CERTAIN PLAT ENTITLED, "RESUBDIVISION PLAT OF LOT C-lB, SUBDIVISION OF LOT C-i, RESUBDIVISION OF LOTS A-l, B-I, B-2 AND C, SUBDIVISION OF SITE 13, LYNNHAVEN ACRES LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA" DATE JULY, 1992. WHEREAS, it appearing by affidavit that proper notice has been given by Thomas W. Godfrey, Sr. and Margaret C. Godfrey that they would apply to the Council of the City of Virginia Beach, Virginia, on September 22, 1992, to have the hereinafter portion of Bray Road discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that such portion of the Bray Road be discontinued, closed, and vacated; NOW, THEREFORE: SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described portion of Bray Road be discontinued, closed, and vacated: All that portion of Bray Road located in the City of Virginia Beach, Virginia, shown as the hatched area on that certain plat entitled "Resubdivision Plat Of Lot C- lB, Subdivision Of Lot C-i, Resubdivision of Lots A-i, B-i, B-2 and C, Subdivision of Site 13, Lynnhaven Acres Lynnhaven Borough - Virginia Beach, Virginia", dated July, 1992, prepared by James C. Hickman, Land Surveyor, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book ~, at Page ~. SAVE AND EXCEPT that certain easement designated as "15' Utilities Maintenance Esmt. Hereby Dedicated To The City Of Virginia Beach" on the above Plat. SECTION II A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. Virginia, on this 9 SECTION III Adopted by the Council of the City of Virginia Beach, day of November 1993 , · GPIN: 1498-31-6481 APPROVED AS TO THIS DEED OF EAS~, made this 26th day of October, 1993, by and between Thomas W. GODFREY, SR. and Margaret C. GODFREY, husband and wife, Grantors, and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia, Grantee: WITNESSETH: That for and in consideration of the premises and benefits accruing or to be accrued to the Grantors, and other good and valuable consideration, the Grantors do hereby grant and convey and release to the Grantee, with GENERAL WARRANTY AND THE ENGLISH COVENANTS OF TITLE, the hereinafter described perpetual easement to construct, reconstruct, alter, operate and maintain utility facilities in, under, upon and across the property of the Grantor, including the right of ingress and egress to the same, described as follows: Ail that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "15' Utilities Maintenance Esmt. Hereby Dedicated To The City Of Virginia Beach" as shown on that certain plat entitled: "Resubdivision Plat Of Lot C-lB, Subdivision Of Lot C-l, Resubdivision Of Lots A-l, B-l, B- 2 And C, Subdivision Of Site 13, Lynnhaven Acres Lynnhaven Borough - Virginia Beach, Virginia", dated July, 1992, prepared by James C. Hickman, Land Surveyor, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book __, at Page __. It is agreed between the parties hereto that the Grantees and its agents, assigns, and or successors shall have the right to inspect the easement and to cut and clean all undergrowth and other obstructions in and along the easement that may in any way endanger GPIN 1498-31-6841 or interfere with the proper use of the easement. This conveyance is made subject to such reservations, covenants, conditions, easements and restrictions, if any, duly of record and constituting constructive notice. WITNESS the following signatures and seals: rTh6mas w. Godfrey; ~sz~.~ ~ Marg~aret' C. Godf/ey ~ STATE OF VIRGINIA CITY OF VIrgINIA ~EAC~,, to wit: City and State aforesaid, do hereby certify that Tho~s W. Godfrey, Sr. and Margaret C. Godfrey, whose names are signed to the foregoing Deed of Easement bearing date on the 26th day of October, 1993, have acknowledged the same before me in my City and State. GIVEN under my hand this ~_~day of October, 1993. My Commission Expires :~/~/2 Not~ry~ubl ic APPROVED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ----- ~~CITY A~ORNIT, Y 0 0 Oo O · 0 0 O 0 0 OOo O0 0o 0000 O ~0 0 0 - 26 - Item IV- K~ 1. b. PUBLIC HEARING ITEM # 37396 PLANNING Upon motion by Councilman Dean, seconded by Councilman Moss, City Council ADOPTED Ordinances upon application of VIRGINIA BEACH DEVELOPMENT AUTHORITY for Conditional Change of Zoning District Classifications and AMENDED PROFFERS placed on the Corporate Landing Master Plan Land Use Rezoning Plan approved by City Council on June 13, 1988, re property on the South side of Dam Neck Road West of General Booth Boulevard, containing 34.39 acres. ORDINANCE UPON APPLICATION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 TO 1-1 Z011931398 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of City of Virginia Beach Development Authority for a Conditional Change of Zoning District Classification from AG-1 Agricultural District to 1-1 Light Industrial District on certain property located 600 feet northwest of General Booth Boulevard beginning at a point 2320 feet more or less south of Dam Neck Road. The proposed zoning classification change to 1-1 Light Industrial District is for industrial land use. The Comprehensive Plan recommends use of this parcel for business/research use in accordance with other Plan policies. Said parcel contains 26.0081 acres. PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO I-1 Z011931399 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of City of Virginia Beach Development Authority for a Conditional Change of Zoning District Classification from AG-2 to 1-1 Light Industrial District on certain proeprty located on the northwest side of General Booth Boulevard beginning at a point 3100 feet more or less south of Dam Neck Road. The proposed zoning classification change to I-1 Light Industrial District is for industrial land use. The Comprehensive Plan recommends use of this parcel for business/research use in accordance with other Plan policies. Said parcel contains 11.5466 acres. PRINCESS ANNE BOROUGH. November 9, 1993 - 27 - Item IV-K I.b. PUBLIC HEARING ITEM # 37396 (Continued) PLANNING ORDINANCE UPON APPLICATION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 TO B-2 ZO11931400 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of City of Virginia Beach Development Authority for a Conditional Change of Zoning District Classification from 1-1 Light Industrial District to B-2 Community Business District on certain property located 550 feet more or less northwest of General Booth Boulevard beginning at a point 3600 feet more or less south of Dam Neck Road. The proposed zoning classification to B-2 Community Business District is for commercial land use. The Comprehensive Plan recommends use of this parcel for business/research use in accordance with other Plan policies. Said parcel contains 2.0237 acres. PRINCESS ANNE BOROUGH. Application of the City of Virginia Beach Development Authority for the Reconsideration of conditions placed on the Corporate Landing Master Plan Land Use Rezoning Plan approved by City Council on June 13, 1988. Property is located on the south side of Dam Neck Road west of General Booth Boulevard. PRINCESS ANNE BOROUGH. AMENDED PROFFERS placed on the Cor_t~orate Landing Master Plan Land Use Rezoning Plan approved by City Council on June 13, 1988, re property on the South side of Dam Neck Road West of General Booth Boulevard, containing 34.39 acres shall be recorded with the Circuit Court and are hereby made a part of the record. Parcels currently designated "Iow density office and medium density office" shall be redesignated "research and development/office warehouse". These Ordinances shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of November, Nineteen Hundred and Ninety-Three. November 9, 1993 - 28 - Item IV-K. 1. b. PUBLIC HEARING ITEM # 37396 (Continued) PLANNING Voting: 9-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Paul J. Lanteigne, John D. Moss, Nancy K. Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Louis 1~ Jones and Mayor Meyera E. Oberndorf November 9, 1993 - 29 - Item 1V-L. 1. APPOINTMENTS ITEM # 37397 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: HUMAN RIGHTS COMMISSION Paula Henao Unexpired term until 1/31/96 Voting: 11-0 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, John D. Moss, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: None November 9, 1993 - 30 - Item II/- M. 1. UNFINISHED BUSINESS ITEM # 37398 Councilman Dean referenced Underground Storage Tanks and the Briefing received by the City Council during the Executive Session. The City Attorney advised the Consent Order relative Underground Storage Tanks is still in a draft stage. The City Manager advised the recommendation of the City Staff, which will be considered during the City Council Session of November 23, 1993, is to enter into a Consent Order with the State Department of Environmental Quality to allow the City to undertake a number of activities bringing the City into compliance with certain issues by the end of March 1994. A certain funding level recommended in the first year of the CIP to implement this will be necessary as well as an Amendment of the Consulting Contract with URS, Incorporated to allow them to commence immediately with certain necessary actions. Councilman Dean requested the $2-MILLION unencumbered funds remaining from the Rosemont Road Project will be earmarked tentatively to rectify all of these problems. The City Manager advised this $2-MILLION is already in the reprogramming recommendation of the CIP for other projects, which is a part of the procedure each year. November 9, 1993 - 31 - Item IV-M. 2. UNFINISHED BUSINESS ITEM # 37399 Councilman Baum referenced the correspondence and phone calls relative the Foxfire Subdivision. The City Attorney advised Foxfire was zoned multi-family in 1973. Councilman Dean read this letter to the City Manager relative the Foxfire Subdivision. Said letter is hereby made a part of the record. Councilman Dean requested a full staff briefing to the Foxfire Civic League as soon as possible to address concern: Are there Wetlands on site, and have they been delineated? Tree mitigation - How many there/How many cut? Impact on entrance road to Foxfire and Leroy Road (to Animal Control, etc.) Impact on Princess Anne Elementary and Middle Schools. Stormwater run-off into West Neck Creek. November 9, 1993 Item IV-N. 1. NEW BUSINESS ITEM # 37400 Council Lady Parker referenced the Pending Items List and requested information relative a Noise Ordinance. Council Lady Parker requested a copy of a proposed Noise Ordinance being DRAFTED by the City Attorney's Office. November 9, 1993 - 33 - Item IV-N. 2. NEW BUSINESS ITEM # 37401 Council laldy Parker referenced an article in the Richmond Times Dispatch of October 22, 1993 relative a new funding service available from Project funds in Virginia Beach of $515,000 for a Pedestrian and Bikepath in Pungo. November 9, 1993 - 34 - Item IV-N. 3. NEW BUSINESS ITEM # 37402 Councilman Clyburn advised the State of Virginia has extra funds and wishes to complete Lynnhaven Parkway connecting with Volvo Parkway in Chesapeake. The State wishes to complete their connection to both cities and there will be no cost to the City of Virginia Beach. November 9, 1993 - 35 - Item IV-O. ADJOURNMENT ITEM # 37403 Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED at 4:32 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia November 9, 1993 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS L 0 A B B C N E S DATE: November 9, 1993 B R L T R P E PAGE' 1 R A Y J E N A S B A Z B D O I M D R S A N I U E N G O O K O AGENDA U C E R A E N S R E M ITEM # SUBJECT MOTION VOTE M H R N N S E S F R S I/A BRIEFING E Dean Block, FIVE-YEAR FINANCIAL FORECAST D,r of Mgmt and Budget II/A FY 1993-94/1998-99 ClP WORKSHOP E. Dean Block, DIr of Mgmt and RECONCIMATION OF ClP Budget III/IV/E CERTIFICATION OF EXECUTIVE CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y SESSION F/1 MINUTES - November 5, 1993 APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y G/1 COUNCIL COMMITTEE REPORT 1986 BOND REFERENDA William A. Schhmgen, Chair H PUBLIC HEARINGS' 1 ClP a FY 1994 Capital Budget - $102,799,810 b S~x-Year CIP - $.950,028,532 2 GOB - Various Public Famllta~s/General Improvements - $40,200,(XX) 3 WATER/SEWER REVENUE BONDS - Improvements/Expansions - $5,450,000 I/1 Resolution urging Va Depart of ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y Hous~ng/Commun~ Development adopt pending changes to Un~orm Statemde Building Code use of Iow water consuming devices ~n reconstruct K)n/rehabll~at~)n 2 Ordinance to ACCEPT/APPROPRIATE ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y $11,230 from State Criminal Just~:e Serwces (DCJS)/Juvemle Just~e Delinquency Prevention Act Grant to Grants Consolidated Fund re developing a cultural awareness/cultural drverslty training curriculum/4 workshops 3 Ordinance to APPROPRIATE Al)OPTED 10-0 A Y Y Y Y Y Y Y Y Y Y $13,006,083 for FY 94 re payment of purchase orders brought forward from 1993 for serwces not delivered/invoiced 4 Ordinance appointing wewers in pet~tK)n ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y of JAMES M BEVERLY for closure of unimproved portion of 15th Street, formerly Georgia Avenue (VIRGINIA BEACH BOROUGH) , J/1 Resolut,3n requesting support of General ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Assembly Delegation for 1994 Legislative Package 2 Ordinance establishing permanent full- DEFERRED 9-1 Y Y Y N Y Y Y Y A Y Y time positron for City Clerk's Office re INDEFINITELY scanning records/imaging system/increased workload K/1/a Ordinance for closure of portion of a cul- AUTHORIZED 9-0 Y Y Y Y Y Y Y A A Y Y de-sac on Bray Road/Lynn Acres Road, FINAL in petition of THOMAS W GODFREY APPROVAL SR/MARGARET C GODFREY (LYNNHAVEN BOROUGH) CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS L 0 A B B C N E S DATE: November 9, 1993 B R L T R P E PAGE: 2 R A Y J E N A S B A Z B D O I M D R S A N I U E N G O O K O AGENDA U C E R A E N S R E M ITEM # SUBJECT MOTION VOTE M H R N N S E S F R S I b VIRGINIA BEACH DEVELOPMENT APPROVED AS 9-0 Y Y Y Y Y A Y Y A Y Y AUTHORITY (PRINCESS ANNE PROFFERS BOROUGH) REVISED 1. CONDITIONAL COZ' a From AG-1 to I-I b. From AG-2 to I-I c From I-I to B-2 at General Booth Boulevard/Dam Neck Road 2 PROFFERS REVISED CONDITIONS placed on Corporate Landing Master Plan Land Use Rezoning approved June 13, 1988, re property on Dam Neck Road/General Booth Boulevard ADD APPOINTMENT' APPOINTED. 9-0 Y Y Y Y Y A Y Y A Y Y HUMAN RIGHTS COMMISSION Unexpired thru 1/31/96 Paula Henao I.JM Items Pending/Noise Abatement ADD ON ADD New Funding Servtce Available for Pungo ON Blkepath ADD Avadable funds thru VDOT for Lynnhaven ON Pkwy/Volvo Pkwy at VIrginia Beach/Chesapeake City lines N ADJOURNMENT' 4.32 PM