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DECEMBER 14, 1993 MINUTES - City- CJE' Virgi~iEl. I3CElCn "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MA YOR MEYERA E OBERNDORF, At-Large VICE MAYOR WILLIAM D SESSOMS JR, At Large JOHN 4. BAUM, Blackwater Borough LINWOOD 0 BRANCH /ll, VirgInia Beach Borough JAMES W BRAZIER, JR, Lvnnhaven &rough ROBERT W CLYBURN, KempsvIlle &rough ROBERT K DEAN, Pn"cess Anne Borough LOUIS R JONES, BaYSlde Borough PAUL J LANTEIGNE, Pungo Borough JOHN J) MOSS At Large NANCY K PARKER, At Large JA\ŒS K SPORE, CIty Manager LE~LIE L LIUEY, CIty Attorney RUTH HODGES SMITH, CMC ! AAE, CIty Clerk CITY COUNCIL AGENDA 2XI (In HALL BUILDI-\!(, -\1U-"lI( IP4L CElli? ER VIR('¡NI4. BE4( H VIR(,INIA 2345h 'itl(!'i (IW4/ 42ì 43U! DECEMBER 14, 1993 I. CITY MANAGERIS BRIEFINGS - Council Chamber - 11 :30 AM A. COMPREHENSIVE ANNUAL FINANCIAL REPORT - FY JUNE 30, 1993 Patricia A. Phillips, Director of Finance B. WATER/SEWER REVENUE AND REFUNDING BONDS PRICING RESULTS Patricia A. Phillips, Director of Finance II. INFORMAL SESSION - Council Chamber - 12: NOON A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUllVE SESSION III. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCA llON: Reverend Edward S. Martin, Jr. Sandbridge Beach United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTlFlCAllON OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - December 7, 1993 G. H. I. PUBUC HEARING 1. REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION a. The Founders Village, Inc. RESOLUTION/OR DI NANCE 1. Resolution supporting legislation at the 1994 General Assembly Session to designate real and personal property owned by The Founders Village, Inc. as being exempt from State and Local Real and Personal Property Taxation. 2. Ordinance authorizing the City Manager to finalize a lease and invite bids for a thirty (30)- year lease of a parcel of City-owned property containing approximately 185 acres re construction, maintenance and operation of an eighteen (18)-hole public golf facility, plus related amenities (PRINCESS ANNE BOROUGH). 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 authorizing acquisition of property in fee simple for right-of-way for Indian Lakes Boulevard, Phase I Extension Project (CIP 2-019) and the acquisition of temporary and permanent easements of right-of-way, either by agreement or condem nation. 2. Ordinance declaring a twenty-five (25)-foot wide strip of land adjacent to 2221 West Berrie Circle (Berrie Gardens) as EXCESS PROPERTY in the application of Carolyn Parker; and, authorizing the City Manager to dispose of same (BA YSIDE BOROUGH). 3. Ordinance to ACCEPT and APPROPRIATE $281,575 from the Virginia Housing Partnership Fund1s Indoor Plumbing/Rehabilitation Program to the Department of Housing and Neighborhood Preservation re housing rehabilitation or reconstruction and that revenues be increased accordingly. 4. Ordinance to ACCEPT and APPROPRIATE $177,821 from the federal government to the Department of Mental Health, Mental Retardation and Substance Abuse re substance abuse treatment/prevention and additional infant stimulation services. 5. Ordinance to ACCEPT and APPROPRIATE $116,232 for Section 8 rental payments and administrative fees from the United States Department of Housing and Urban Development (HUD) re Section 8 Rental Assistance Program and that revenues be increased accordingly. 6. Ordinance to TRANSFER $263,000 within the HOME Program Fund to Virginia Beach HOME, Inc. re housing for low income persons. J. 7. Ordinance to AMEND the 1993-1994 Community Development Block Grant (CDBG) Final Statement of Objectives; TRANSFER $10,000 from the CDBG Special Revenue Fund; and, authorize the City Manager use the funds re repair of the Judeo-Christian Outreach Shelter. 8. Ordinance authorizing License Refunds in the amount of $10,417.05. PUBUC HEARING 1 . PLANNING a. Petition of COLUMBUS CENTER ASSOCIATES for the discontinuance. closure ~ of a portion of ~ beginning at the Eastern boundary of Constitution Drive and running in an Easterly direction a distance of 650 feet, being 50 feet in width and containing 33,854 square feet (BA YSIDE BOROUGH) . Deferred Indefinitely: Deferred for Compliance: Additional Deferral: July 9, 1990 December 15, 1992 June 22, 1993 Recommendation: ADDITIONAL 180 DAY DEFERRAL b. Application for VWAIN YOUNG for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that aI/lots created by Subdivision meet all requirements of the Subdivision Ordinance of the City Zoning Ordinance, on the North side of Owl's Creek Lane, 406.46 feet East of South Birdneck Road (L YNNHA VEN BOROUGH) . Recommendation: APPROVAL c. Application of TIDEWATER EVANGEUCAL FREE CHURCH for a Condillonal Use permit for a c urch ex ns'on on the Northeast side of Euclid Road, Southeast of Northern & Southern Railroad (4966 Euclid Road, Suite 107), containing 1.477 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL d. Application of MONTE JOE BIGELOW for a C . i I U er' for a home cc ti n taxiderm at the Southeast intersection of Blackwater Road and Hungarian Road (5704 Blackwater Road), containing 1 acre (BLACKWATER BOROUGH) . Recommendation: APPROVAL e. Application of TUNE UP PLUS for a Cond.i1iQngJ Use permit for an automobllg ~r and service establis.l1ment at the Northwest corner of Virginia Beach Boulevard and Witchduck Road, containing 16,200 square feet (BA YSIDE BOROUGH) . Recommendation: APPROVAL 1. Application of U-HAUL INTERNATIONAL, INC. for a CondjtjQ[mJ Use Permit for a f a ci i at the Northwest corner of Virginia Beach Boulevard and Lavender Lane (4950 Virginia Beach Boulevard), containing 2.3485 acres (BAYS IDE BOROUGH). Recommendation: APPROVAL Application of KELLAM-GERWITZ, Agent for London Mews for a Change of i i ict CI ssification from -.5 e iden ial i 'c to B-2 Commun~ ~ on the East side of Great Neck Road beginning at a point 144.28 feet South of Rustwood Lane, containing 7,927.92 square feet (L YNNHAVEN BOROUGH) . g. Recommendation: h. APPROVAL Application of CHURCH OF THE REDEEMER for a on itional Use Permit for a ~ on the South side of Shipps Corner Road, 1300 feet more or less East of Holland Road (3101 Shipps Corner Road), containing 12.39 acres (PRINCESS ANNE BOROUGH). Recommendation; i. DENIAL Applications of INDIAN RIVER PLANTATION, INC. and INDIAN RIVER COUNTRY CLUB ESTATES, LP. for n I ifi s (PRINCESS ANNE BOROUGH): (1 ) From 63.3 acres: is rict, containing ~ ~ ~ ~ ~ (2) From 117.1 acres: 0 ~ ~ ~ ~ Parcel 5: ~ EarœlL Deferred: Recommendation: i trict to R- 0 Residential 650 feet North of Indian River Road beginning at a point 600 feet more or less West of West Neck Road. 1400 feet North of Indian River Road beginning at a point 1200 feet more or less West of West Neck Road. 1000 feet North of Indian River Road beginning at a point 2100 feet more or less West of West Neck Road. 600 feet North of Indian River Road beginning at a point 2800 feet more or less West of West Neck Road. 1360 feet North of Indian River Road beginning at a point 5050 feet more or less West of West Neck Road. Northwest intersection of Indian River Road and West Neck Road. 1200 feet North of Indian River Road beginning at a point 1650 feet more or less West of West Neck Road. 2880 feet more or less West of the intersection of Indian River Road and West Neck Road. 680 feet North of Indian River Road beginning at a point 2750 feet more or less West of West Neck Road. 2400 feet more or less North of Indian River Road beginning at a point 3400 feet more or less West of West Neck Road. 1250 feet North of Indian River Road beginning at a point 3800 feet more or less West of West Neck Road. 1350 feet North of Indian River Road beginning at a point 5320 feet West of West Neck Road. September 14, 1993 and October 12, 1993 APPROVE ALL APPLICATIONS j. Applications of INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, LP., ROBERT F. RIPLEY and THOMAS VANCE (PRINCESS ANNE BOROUGH): (1 ) Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision must meet all requirements of the City Zoning Ordinance at the Northwest intersection of Indian River Road and West Neck Road. (2) ~ North side of Indian River Road beginning at a point 2300 feet more or less West of West Neck Road. ~ 1700 feet North of Indian River Road beginning at a point 1150 feet more or less West of West Neck Road. ~ North side of Indian River Road beginning at a point 5800 feet more or less West of West Neck Road. (3) i' I e Permit for an Open-Space promo\iQn at the Northwest intersection of Indian River Road and West Neck Road, containing 279.2 acres. Deferred: September 14, 1993 and October 12, 1993 Recommendation: APPROVE ALL APPLICATIONS K. APPOINTMENTS FRANCIS LAND HOUSE BOARD OF GOVERNORS HISTORICAL REVIEW BOARD Resignation PLANNING COMMISSION SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH FOUNDATION, INC. L. UNFINISHED BUSINESS M. NEW BUSINESS 1. COUNCIL-SPONSORED ITEMS: a. Resolution requesting the General Assembly enact legislation requiring the Commonwealth Transportation Board and the Virginia Department of Transportation (VDOT) exclude self-supporting toll roads from the State Noise Abatement Pol icy. (Sponsored by Mayor Meyera E. Oberndorf) b. Ordinance authorizing and directing the City Manager adjust the term of the Citys Agreement with Virginia Beach Events Unlimited, Inc.; develop and issue a Request for Proposal (RFP) re entertainment/events program in the Resort Area; establish a Committee to review the proposals submitted in response to the RFP and make recommendation for the selection of a contractor for the Program. (Sponsored by Councilman Linwood O. Branch III) c. Ordinance to AMEND and REORDAIN Ordinance No. 93-22221 re establish alternative personal property tax levy rate for one (1) motor vehicle owned by a qualified elderly or disabled person. (Sponsored by Councilman Paul J. Lanteigne) d. Ordinance authorizing the City Manager convey to the Commonwealth of Virginia all right, title and interest of the City of Virginia Beach to property in the Sandbridge area subject to agreement by the Commonwealth to become the exclusive local sponsor re cost-shared federal beach nourishment or hurricane protection project for the Sandbridge area. (Sponsored by Councilman Paul J. Lanteigne) N. ADJOURNMENT 12/06/93/m 1m AGENDA\ 12-14-93.PLN ************* COUNCIL SESSIONS CANCELED December 28, 1993 ************* CITY COUNCIL WORKSHOP SOUTHERN RURAL PRESERVATION AREA Pavilion Conference Room January 8, 1994 9:00 AM ************* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERKIS OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 14, 1993 Mayor Meyera E. Oberndorf called to order the CITY MANAGER 'S BRIEFINGS to the VIRGINIA BEACH CITY COUNCIL m the Council Chamber, City Hall Building, on Tuesday, December 14, 1993, at 11:30 A.M Council Members Present: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R Jones, Mayor Meyera E Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Absent. Robert K Dean [ATTENDING ENVIRONMENTAL ZONE MEETING IN RICHMOND] James W. Brazier, Jr. [ENTERED. EXECUTIVE SESSION] Paul J. Lanteigne [ENTERED. EXECUTIVE SESSION] John D Moss [ENTERED' EXECUTIVE SESSION] -2- CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT - FY JUNE 30, 1993 11:30 AM. ITEM # 37488 Patricia A. Phillips, Director of Finance, advised the firm of KPMG Peat Marwick completed the audit of the City's financial records for the year ending June 30, 1993. Once again, the City has received an unqualified opinion (clean opinion) on its financial presentation and record keeping. WIth the completion of the audit, it is now time to present the City's Comprehensive Annual Financial Report (CAFR) to City Council. During the 1993 Session, the General Assembly passed House Bill 133O, which is effective July 1,1993, and amends Sections 15.1-163 and 15.1-167 of the Code ofVlrgmia. This House Bill requires that local governments shall have all their accounts and records, including all accounts and records of their constitutional officers audited annually by an independent certlfied public accountant. Furthermore, the certified public accountant is required to present a detailed written report (the CAFR) to the local governing body at a public session by the following December Thirty-First. Coples of this 1993 CAFR were distributed to Members of City Council. Patricia Phillips introduced representatives from the City's Auditors: Gary Strick/aden Managing Partner - KPMG Peat Marwick Susan Reed Senior Manager - KPMG Peat Marwick Robert Hayes Comptroller Don Barnett Deputy Comptroller Mrs. Phillips depicted through the utilization of slides: All Government Funds and Account Groups: Governmental Fund Types General Fund Special Revenue Funds Debt Service Fund Capital Projects Funds Proprietary Fund Types Enterprise Funds Internal Service Funds Fiduciary Fund Type Trust and Agency Funds Account Groups General Fixed Assets General Long - Term Debt December 14, 1993 -3- CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT - FY JUNE 30, 1993 ITEM # 37488 (Continued) SUMMARY OF CHANGES IN UNDESIGNATED FUND BALANCE Undesignated Fund Balance at June 30, 1992 $ 48.3 Revenues $ 451.9 Expenditures: Current $ 205.8 Transfers Out 230.6 < 436.4> Decrease in Reserves .3 Loan to VBDA, Net of Repayment < 5.3> Increase in Fund Balance ~ Undesignated Fund Balance at June 30, 1993 $ 58.8 WATER AND SEWER ENTERPRISE FUND COMPARATIVE STATEMENT OF REVENUES, EXPENSES & CHANGES IN RETAINED EARNINGS FOR THE YEAR ENDED JUNE 30, 1993, WITH COMPARATIVE TOTALS FOR JUNE 30, 1992 1993 1992 OPERATING REVENUES $ 58,990, 490 $ 56,760,230 OPERATING EXPENSES $ 42.735.469 $ 41.991.549 OPERATING INCOME $ 16,255,021 $ 14,768,681 NONOPERATING REVENUES (EXPENSES) $ 298. 728 $ 77.631 INCOME (LOSS) BEFORE EXTRAORDINARY ITEM $ 16,553,749 $ 14,846,312 Extraordinary Item - Loss on Advance Refunding (847.769). (453. 677! NET INCOME $ 15,705,980 $ 14,392,635 Add: Transfer of Depreciation to Continued Capital 4.516.913 4.427.361 Accounts INCREASE IN RETAINED EARNINGS $ 20,222,893 $ 18,819,996 RETAINED EARNINGS - JULY 1 106.252.377 87.432.381 RETAINED EARNINGS - JUNE 30 $126.475.27Q ~06.252.377 Mrs. Phillips displayed graphs depicting Expenditures by Major Function for 1993 and General Fund Balance Compared to Total Fund Revenues for the Years 1984 through 1993. The largest single expenditure item is 53.10/0 for Education. December 14, 1993 -4- CITY MANAGER'S BRIEFINGS COMPREHENSIVE ANNUAL FINANCIAL REPORT - FY JUNE 30, 1993 ITEM # 37488 (Continued) COMBINED BAlANCE SHEET - ASSETS - ALL FUND TYPES AND ACCOUNT GROUPS JUNE 30,1993 with comparative totals for the year ended June 30, 1992 1993 1992 Cash and Investments $ 356,732,560 $ 338,724,076 Receivables (net of allowance for un collectables) 43,786,361 39, 703,229 Due from Other Funds & Governments 18,949,877 37,284,730 Other 30,235,113 30,024,399 Fixed Assets - net of accumulated 1,456,162,083 1,336,649,049 depreciation/amortization & Construction in Progress Amount to be Provided for Retirement of General Long - 472.953.960 413.371.41Q Term Debt TOTAL ASSETS $2.378.819.954 ~95. 756.899 SCHEDULE OF GENERAL FIXED ASSETS FOR THE YEARS ENDING JUNE 30, 1993 AND JUNE 30, 1992 1993 1992 Land $ 25,397, 746 $ 24,965,746 Buildings 322,516,161 310,225,042 Improvements other than Buildings 26,376,231 22,977, 631 Highway Improvements 138,881,424 129,790,132 Equipment 135,202,227 123,525,516 Assets Under Capital Leases 1,618,341 1,602,695 Construction in Progress 451.598.519 379.084.534 Total General Fixed Assets UJJ}j. 59(~þ49 $ 992.171.296 Charts depicting Real Estate Tax Revenue, Property Tax Base, Business Licenses Revenue, Hotel Room and Meal Tax Revenue, Restaurant Meal Tax Revenue and General Sales Tax Revenue were also displayed. General Obligation Bonds $ 528,924,390 Less General Obligation Bonds to be paid from Water and Sewer 72.085.000 Enterprise Fund Revenues Net Direct Tax Supported Debt $ 456.839.39Q, December 14, 1993 -5- CITY MANAGER'S BRIEFINGS WATER/SEWER REVENUE AND REFUNDING BOND PRICING RESULTS ITEM # 37489 11:55 A.M. Patricia A. Phillips, Director of Finance, advised relative the Water/Sewer Revenue and Refunding Bond Pricing Results: New Money Refunding $ 16,575,000 $ 29,865,000 TO TAL SALE ~ Gross Savings Net Present Value Savings PercentDge of Refunded Amount True Interest Cost $ 2,060,271 $ 1,485,531 5.6 % 5.13% December 14, 1993 -6- ITEM # 37490 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, December 14, 1993, at 12:00 NOON Council Members Present: John A. Baum, Linwood o. Branch, III, Robert W Clyburn, LoUIS R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vzee Mayor WIlliam D. Sessoms, Jr. Council Members Absent: James W. Brazier, Jr., Robert K Dean, Paul J. Lanteigne and John D. Moss December 14, 1993 -7- ITEM # 37491 Mayor Meyera E. Obemdorf 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. . 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 Francis Land House Board of Governors Historical Revlew Board Parks and Recreation CommissIOn Planning Commission Southeastern VIrginia Areawide Model Program VIrginia Beach Community Development Corporation Vlrginza Beach Foundatzon, Inc. : D,scusszon or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition 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 21-344(A)(3). To- WIt: Acquisition of Real Property. Lynnhaven Borough Vlrginza Beach Borough Southeastern Expressway ~: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaIning to actual or probable litigation, or other specific legal matters requestzng the prOVlszons of legal advice by counsel pursuant to Section 21-344(A)(7). To- WIt: Churchill Downs Upon motion by Vzce Mayor Sessoms, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 7-0 Council Members Voting Aye: John A. Baum, Lznwood O. Branch, Ill, Robert W. Clyburn, LoUls R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay. None Council Members Absent. James W. Brazier, Jr, Robert K Dean, Paul J. Lanteigne and John D. Moss December 14, 1993 -8- FORMAL SESION VIRGINIA BEACH CITY COUNCIL December 14, 1993 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday. December 14, 1993. at 2 00 P.M Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazzer, Jr., Robert W Clyburn, Louis R. Jones, Paul J. Lantezgne, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIllzam D Sessoms, Jr. Council Members Absent: Robert K Dean [ATTENDING ENVIRONMENTAL ZONE MEETING IN RICHMOND] INVOCATION: Reverend Edward S. Martin, Jr. Sandbridge Beach UnIted Methodist Church TES OF December 14, 1993 -9- ~ CERTIFICATION OF EXECUTIVE SESSION ITEM # 37492 Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, 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 resolutzon applies; AND, Only such public business matters as were Identified In the motion convening the Executive Session were heard, discussed or considered by VIrginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 Iltønlutinu 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 # 37491, 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 memberls knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ~L~../~- R th Hodges S~th, CMC/AAE City Clerk December 14, 1993 - 10 - I1J:m.Jl1=.E.L. MINUTES ITEM # 37493 Upon motion by VIce Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of December 7, 1993 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazzer, Jr., Robert W Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 - 11 - l1J:nL.lIl::..ß PUBUC HEARING ITEM # 37494 Mayor Oberndorf DECLARED A PUBLIC HEARING: REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION The Founders Village, Inc. The following registered to speak in SUPPORT of the Resolution. Attorney VInce Mastracco, 700 Pavilion Center, Phone 624-3213, represented the applicant John W. Chappell, 700 CBN Center, Phone: 523-7861, President of The Founders VIllage, Inc. The following registered in OPPOSITION to the Resolution: Pasquale Cruciano, 5408 Compton Circle, Phone. 523 -1363 John Waters, 1461 Kempsville Road, Phone. 467-3282 Harry Ruiz, read the statement of Colonel Robert Engesser mto the record. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING December 14, 1993 - 12 - ~ RESOLUTION/ORDINANCE ITEM # 37495 A motion was made by VIce Mayor Sessoms, seconded by Counczlman Clyburn, to ADOPT. Resolution supporting legislation at the 1994 General Assembly Session to designate real and personal property owned by The Founders Vdlage, Inc. as being exempt from State and Local Real and Personal Property Taxation. Voting: 5-5 (MOTION FAILED DUE TO A TIE VOTE) Council Members Voting Aye: Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Paul J. Lanteigne, and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: John A. Baum, Louis R. Jones, Mayor Meyera E Oberndorf, John D. Moss and Nancy K Parker Council Members Absent: Robert K Dean December 14, 1993 - 13 - ~ RES OL UTI 0 NIO RDINANCE ITEM # 37496 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION. A motion was made by Councilman Moss, seconded by Council Lady Parker to DEFER until the City Council Session of January 4, 1994, Ordinance authorizmg the City Manager to finalize a lease and mvlte bids for a thirty (30)-year lease of a parcel of City-owned property contammg approximately 185 acres re construction, maintenance and operation of an eighteen {18)-hole public golf facility, plus related amenities (PRINCESS ANNE BOROUGH). Upon SUBSTITUTE MOTION by VIce Mayor Sessoms, seconded by Councilman Clyburn, City Counczl ADOPTED, AS AMENDED: Ordinance authorizing the City Manager to fillahze a l~ase and invite bids for a thirty (30)-year lease of a parcel of City-owned property containing approximately 185 acres re constructiOn, mamtenance and operation of an eighteen {18)-hole public golf facility, plus related amenities (PRINCESS ANNE BOROUGH). *The following verbiage shall be deleted on lmes 30 and 31 after the word "authorized": "..and directed to finalize a lease and.. " The word "to" shall be added on lme 31 before the words "invlte bids" The correct verbiage shall be' "That the City Manager or his designee is hereby authorized ami db ected to finalize a lease and lQ invite bids for a 3 -year lease of the Property for construction, maintenance and operations of an 18 -hold public golf facility, plus related amenities, in accordance with the provision of Section 15.1-307, et seq., Code of VIrginia, 1950, as amended, and existing City regulations and procedures. " City Council shall have final approval. Voting: 7-3 Council Members Voting Aye: John A. Baum, 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 Voting Nay' John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: Robert K Dean December 14, 1993 10 11 12 13 14 15 16 17 lS 19 20 21 22 23 24 25 26 27 2S 29 30 31 32 33 34 35 36 37 1 2 3 4 5 6 7 S AN ORDINANCE AUTHORIZING THE CITY MANAGER TO INVITE BIDS FOR THE LEASE OF A PARCEL OF CITY OWNED PROPERTY CONTAINING APPROXIMATELY lS5 ACRES IN THE PRINCESS ANNE BOROUGH, FOR CONSTRUCTION, MAINTENANCE AND OPERATION OF AN lS-HOLE PUBLIC GOLF FACILITY, PLUS RELATED AMENITIES. 9 the City of Virginia Beach owns approximately lS5 WHEREAS, acres of property adjacent to Seaboard Road in the Princess Anne Borough; and WHEREAS, the City desires to lease the property for an lS-hole public golf facility, plus related amenities. The term of the lease shall be for a period of thirty (30) years, with an option to renew for an additional ten (10) years, subject to renegotiation of rental payments; and WHEREAS, the Leased Property shall be used for construction and operation of a Championship caliber, regulation length lS-hole golf course including clubhouse, maintenance facilities and other amenities, built to industry standards and open to the general public during the full term of the lease; and WHEREAS, the successful bidder shall be required to provide private ~inancing for the capital improvements; and WHEREAS, Section 15.1-307 of the Code of Virginia requires the City, after due advertisement, to receive bids publicly for any proposed lease of City owned property for a period in excess of five years. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager or his designee is hereby authorized to invite bids for a 30-year lease of the Property for construction, maintenance and operations of an lS-hole public golf facility, plus related amenities, in accordance with the provisions of Section 15.1-307, et seg., Code of Virginia, 1950, as amended, and existing City regulations and procedures. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 , 1993. day of December 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROPOSED 1 2 3 4 5 6 7 8 AN ORDINANCE GRANTING A THIRTY (30) YEAR LEASE WITH A TEN (10) YEAR RENEWAL OPTION TO ("GRANTEE") FOR THE LEASE OF APPROXIMATELY 185 ACRES OF CITY-OWNED PROPERTY IN THE PRINCESS ANNE BOROUGH FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF AN EIGHTEEN (18) HOLE PUBLIC GOLF FACILITY PLUS RELATED AMENITIES, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE GRANTEE. 9 WHEREAS, the City of Virginia Beach owns property adjacent to Seaboard Road in the Princess Anne Borough containing approximately 283 acres as more particularly described on the plat entitled "PLAT TO ACCOMPANY LEASE SHOWING PROPERTY TO BE LEASED TO " , dated , prepared by , which is attached hereto as Exhibit A (hereinafter referred to as the "Property"); and WHEREAS, by Ordinance adopted on the 14th day of December 1993, City Council authorized and directed the City Manager or his designee to Invite bids for a thirty (30) year lease, with a ten (10) year renewal option, of approximately 185 acres of the Property for the construction, maintenance and operation of an eighteen (18) hole public golf facility plus related amenities; and WHEREAS, pursuant to that Ordinance, the City Manager caused an invitation to bid to be advertised in accordance with the provisions of § 15.1-307 et seq. of the Code of Virginia (1950), as amended; and WHEREAS, the bid deemed to be in the City's best Interest was submitted by NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that a thirty (30) year lease with a ten (10) year renewal option is hereby granted to ("Grantee") for the lease of the Property and that the City Manager is hereby authorized and directed to enter into a lease agreement with the Grantee. , Adopted by the Council of the City of Virginia Beach, Virginia on the day of ,1994. ( - ;\r I ì - ~~ ' . )_-d', . ' , ~l ¡--;..þ/- I ~ -',1 : CONDITIONAl USE EXHIBIT of '.UIICI.... "IU.C ""'1 1 . ,.. DorL 7- n-tJ Er fiJ1fb j C D ;':;;".) f~ CITY OF ~ VIRGINIA BEACH EXHIBIT A 58 - ......" ""1""". .-............ Q'" "'..-- -"-""- ) I / I I I III , I \ I \ f III I . I ) J , :. -:.. \l.u~g ;:¡;¡::;-"".: I I. --- -rl I I NIJ~A\ I:H\'IN.\ ^S~OCI^I L~ INl .... """'" "'4 """"" """"07.... ..... ...~- ~ TALBOT I 'GROUP ...~.. 1..-. "-- -- """,-. .. '-N""-- 1111 ""~", ... VI " "". v. U4~ ....,..............,"" G. Brook Puk.:r I C.G C.S. - 14 - ~ RESOLUTION/ORDINANCE ITEM # 37497 Upon motion by Councilman Jones, seconded by Councilman Moss, City CounciL AGREED TO ADD TO THE AGENDA: Resolution to AMEND August 1, 1993, Resolution; and, authorize the City Manager to enter into an Agreement which amends the prior Agreement between the City and Churchill Downs, Inc. AN D, Resolution to AMEND August 24, 1993, ResolutIOn requesting Sports Authority of Hampton Roads assist In financIng a racing facility in VIrginia Beach. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazzer, Jr., Robert W. Clyburn, Louis R Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIllzam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14. 1993 - 15 - ~ RESOLUTION/ORDINANCE ITEM # 37498 Upon motion by Councilman Jones, seconded by Councilman Clyburn, City Council ADOPTED: Resolution to AMEND August 1, 1993, Resolutzon; and, authorize the City Manager to enter into an Agreement which amends the prior Agreement between the City and Churchill Downs, Inc. AND, Resolution to AMEND August 24, 1993, Resolution requesting Sports Authority of Hampton Roads assist in financing a racing facility in VIrginia Beach. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr, Robert W Clyburn, Louis R. Jones, Paul J Lan tezgn e, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 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 1 2 3 4 5 6 A RESOLUTION TO AMEND RESOLUTION R93-02226 AND TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WHICH AMENDS THE PRIOR AGREEMENT BETWEEN THE CITY AND CHURCHILL DOWNS, INCORPORATED 7 WHEREAS, pursuant to an Agreement dated August 1, 1993, 8 the City and Churchill Downs, Incorporated (Churchill) made certain 9 promises to each other concerning the proposed construction of a horse racing facility in the city; and WHEREAS, events occurring since the executi on of the Agreement have required an amendment of the agreement; and WHEREAS, the City Council agrees to the proposed amendments and further agrees to amend Resolution R93-02226 which is incorporated by reference in the Agreement. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1. The City Manager is hereby authorized to execute an agreement to amend the August 1, 1993 Agreement between the City and Churchill Downs, Incorporated as follows: a) Paragraph 2 a. (page 3) Churchill's investment shall be approximately $45,000,000 instead of $50,000,000 in Phase I. Phase II investment is to be approximately $5,000,000. The facilities shall contain facilities the on-site betting off-tract at completion period and During design Phase the of of II. construction of the facilities, Churchill Downs will operate six (6) off-track betting facilities throughout the State. During the period of design and construction of the facilities, the cumulative total operating days for all off-track betting facilities, divided by six (6), shall produce an average of at least one (1) year of operation for each off-track betting facility. A temporary off-site betting facility shall be located and operated in city of Virginia during this period. Beach the operation of such temporary facility shall not extend past the completion of Phase II construction or three (3) years, whichever is later. 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 69 70 71 72 73 74 b) Add to paragraph 2 f. (page 4) at the end: Such revenues for purposes of this paragraph shall accumulate from the first day of the opening of live racing in Virginia Beach. c) New paragraph 2 g. (page 5) - Additional City Reserve Each year, for the first four years of the operation of the race track, Churchill Downs agrees to set aside $250,000 in a separate escrow account. Such account shall be limited to a total of $1,000,000. After such amount is reached, Churchill Downs will have no further obligation to fund the reserve and all interest earnings on the $1,000,000 shall accrue to Churchill Downs. The funds in the escrow shall be available exclusively to the City of Virginia Beach for its use in the event of potential default on the senior debt. The escrow funds, if not utilized prior to the retirement of the senior debt, are available to the City for retirement of Sports Authority of Hampton Roads debt or other lawful purposes. c) Paragraph 3 m. the City I s obI igation to (page 9) restore debt service reserve funds shall not exceed $1,950,000 per annum instead of $2,250,000. d) Paragraph 4 g. this Resolution amending (page 12) Resolution R93-02226 (adopted July 6,1993) shall be referenced in the amended agreement. BE IT RESOLVED RESOLUTION R-93-02226, THAT FURTHER ADOPTED JULY 6, 1993 IS HEREBY AMENDED AS FOLLOWS: Lines 92 and 93 are changed to read Fifteen Million Five Hundred Thousand Dollars ($15,500,000) instead of Seventeen Million Eight Hundred Thousand Dollars ($17,800,000). Lines 100 and 101 are changed to read One Million Nine Hundred Fifty Thousand Dollars ($1,950,000) instead of Two Million Two Hundred Fifty Thousand Dollars ($2,250,000). Adopted by the Council of the City of Virginia Beach, 14 December Virginia, on the day of , 1993. CA-5403 ORDIN\NONCODE\ R-1 R-2 PREPARED: 12/13/93 12/14/93 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 A RESOLUTION TO AMEND RESOLUTION R93-02235 WHICH REQUESTS THE SPORTS AUTHORITY OF HAMPTON ROADS TO ASSIST IN THE FINANCING OF A HORSE RACING FACILITY IN THE CITY OF VIRGINIA BEACH 7 WHEREAS, by Resolution R93-02235, adopted by the City 8 Council of the City of Virginia Beach on August 24, 1993, the 9 Council requested the Sports Authority of Hampton Roads to assist in the financing of a horse racing facility to be constructed in the City of Virginia Beach: and WHEREAS, events occurring since the adoption of the Resolution have resulted in a need to amend the Resolution. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Resolution R93-02235 which requests the Sports Authority of Hampton Roads to assist in the financing of a horse racing facility in the City of Virginia Beach is hereby amended as follows: Line substitute $15,500,000 (page one) 36 for $17,800,000. Adopted Council Beach, City of Virginia by the the of Virginia, on the 14 December , 1993. day of CA-5404 ORDIN\NONCODE\CA54 04 R-2 PREPARED: 12/13/93 12/14/93 - 16 - ~ RESOLUTION/ORDINANCE ITEM # 37499 Upon motion by Councilman Brazier, seconded by Councilman Clyburn, City Council AGREED TO ADD TO THE AGENDA: Resolution requesting the General Assembly enact enabling legislation re aircraft noise attenuation features in buildings and structures affected by flight operations at Oceana Master Jet Base. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 - 17- ~ RES OL UTI 0 NI ORDINANCE ITEM # 37500 Upon motion by Councilman Brazier, seconded by Councilman Clyburn, CIty Council ADOPTED: Resolution requesting the General Assembly enact enabling legislation re aircraft noise attenuation features in buildings and structures affected by flight operations at Oceana Master Jet Base. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WillIam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 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 Requested by Mayor Meyera E. Oberndorf and Councilmember James W. Brazier, Jr. 1 2 3 4 5 RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO ENACT ENABLING LEGISLATION PERTAINING TO AIRCRAFT NOISE ATTENUATION FEATURES IN BUILDINGS AND STRUCTURES AFFECTED BY FLIGHT OPERATIONS AT OCEANA MASTER JET BASE. 6 WHEREAS, Oceana Master Jet Base is one of the Navy's 7 prime master jet bases in the largest city in the Commonwealth of 8 Virginia; and 9 WHEREAS, Oceana Master Jet Base is one of the linchpins of the economy of the city of Virginia Beach in that it provides 11,500 jobs and has direct expenditures in the City of Virginia Beach of over 450 million dollars per year; and WHEREAS, the is future of Jet Master Oceana Base uncertain due to the Base Realignment and Closure Commission process of 1995; and WHEREAS, the City Council wishes to proactively pursue any and all measures necessary to enhance the viability of Oceana Master Jet Base; and WHEREAS, notwithstanding the proactive measures already taken in providing buffer areas around Oceana Master Jet Base through the Comprehensive Plan and the purchase of easements, the provision of noise attenuation measures in buildings and structures affected by "THE SOUND OF FREEDOM" noise emanating from flight operations at Oceana Master Jet Base may be a factor to be considered by the Base Realignment and Closure Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That during its 1994 session, the General Assembly is hereby respectfully requested to enact appropriate legislation, in substantially the same form as the proposed legislation attached hereto, conferring upon the City of virginia Beach the authority to adopt reasonable regulations relating to the provision of noise attenuation measures in buildings or portions and structures thereof to be constructed in areas affected by above average noise 35 36 37 38 39 40 41 42 43 - levels from aircraft due to their proximity to Oceana Master Jet Base; and The City Clerk is hereby directed to forward a certified copy of this Resolution and attachment to each of the members of the City's General Assembly delegation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of December , 1993. CA-5399 ORDIN\NONCODE\NOISE.RES SIGNA T JRE J-A11L1 DfPARTM:NT APPROVED AS TO LEGAL SUFF ~þIDA:ORM ~~ ~ CITY ATTORNfY 2 A BILL to amend the Code of Virginia by adding section 15.1-491.03 relating to aircraft noise attenuation features in buildings and structures within airport noise zones. Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding section 15.1- 491.03 as follows: § 15.1-491.03 Aircraft noise attenuation features in buildings and structures within airport noise zones.- The governing body of any city having a population of at least 350,000 persons as reflected in the 1990 census and in whose jurisdiction is located a licensed airport or united states government or military air facility, may adopt reasonable regulations relating to the provision or installation of acoustical treatment measures in buildings and structures, or portions thereof, to be constructed in areas affected by above average noise levels from aircraft due to their proximity to flight operations at nearby airports. In establishing such regulations, the governing body may adopt one or more noise overlay zones as an amendment to its zoning map and may establish different measures to be provided or installed within each zone, taking into account the severity of the impact of aircraft noise upon such buildings and structures wi thin each zone. Any regulations adopted pursuant to this statute shall become a part of the city's building code. Notwithstanding any provision to the contrary, the authority provided herein shall be in addition to and not be limited by the regulations contained in the Uniform statewide Building Code. ------ - 18 - /1em.Jlld. CONSENT AGENDA ITEM # 37501 Upon motion by Vice Mayor Sessoms, seconded by Councilman Brazier, City Council APPROVED In ONE MOTION items 1, 3, 4, 5, 6, 7 and 8 of the CONSENT AGENDA. Item 2 was 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, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 - 19 - I1w...lII=.l.L. CONSENT AGENDA ITEM # 37502 Upon motion by VIce Mayor Sessoms, seconded by Councilman Brazzer, City CounciL ADOPTED: Ordinance authorizing acquisition of property in fee simple for right- of-way for Indian Lakes Boulevard, Phase I Extension Project (CIP 2- 019) and the acquisition of temporary and permanent easements of right- of-way, either by agreement or condemnation. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lan tezgn e, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. Robert K Dean December 14, 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 1 2 3 4 5 6 7 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR INDIAN LAKES BLVD., PHASE I (CIP 2-019) AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR CONDEMNATION 8 WHEREAS, in the opinion of the Council of the City 9 of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway to provide transportation and for other public purposes for the preservation of the safety, health, convenience, and for the good order, comfort, peace, welfare of the people in the city of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: section 1. That the City Council authorizes the acquisition by purchase or condemnation pursuant to sections 15.1- 236, et seq., 15.1-898, 15.1-899, and section 33.1-89, et seq., Title 25-46.1 et seq., Code of Virginia of 1950, as amended, all that certain real property in fee simple, including temporary and permanent easements of right of way as shown on the plans entitled "INDIAN LAKES BOULEVARD, PHASE I EXTENSION PROJECT," these plans being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. section City Manager is That the hereby 2. authorized to make or cause to be made on behalf of the City of Virginia available, a extent that funds Beach, to the are reasonable offer to the owners or persons having an interest in said lands. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 December , 1993. day of CA-5358 NONCODE\CA5358.0RD R-l v - 20 - ~ CONSENT AGENDA ITEM # 37503 Attorney Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applzcant Upon motion by Councilman Jones, seconded by VIce Mayor Sessoms, City Council ADOPTED, AS AMENDED: Ordinance declaring a twenty-five (25)-foot wlde strip of land adjacent to 2221 West Berrie Circle (Berrie Garden!)) as EXCESS PROPERTY in the applzcation of Carolyn Parker, and, authorizing the Clty Manager to dispose of same (BAYSIDE BOROUGH) The $2,500 survey cost shall be deducted from the amount pazd to the Clty. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W Brazzer, Jr, Robert W Clyburn, Louls R. Jones, Paul J Lan telgn e, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wzllzam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. Robert K Dean December 14, 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 1 2 3 AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME 4 WHEREAS, the City of Virginia Beach acquired ownership of the following described property by deed recorded in Deed Book 5 ,.... 6 1018, page 154; and WHEREAS, the City Council is of the opinion that the 7 8 following described property is in excess of the needs of the City 9 of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is authorized to convey said property in the manner he deems in the best interests of the City of virginia Beach reserving therein any and all easements pertaining thereto, and further that such property be declared in excess of the needs of the City and is more particularly described as follows: All that certain lot, piece or parcel of land situate in the Bayside Borough of the City of Virginia Beach, Virginia, and being shown as the 4,117 sq. ft. /0.094 hatched area on that certain plat entitled "PLAT SHOWING A PORTION OF 25' STRIP OF PROPERTY TO BE VACATED ON LOT 10, SOUTHERN HALF OF LOT 9 AND A PORTION OF PARCEL DESIGNATED AS F.E. BERRIE, BERRIE GARDENS (MB 25, P. 4) SCALE: 1"=30' OCTOBER 4, 1993," prepared by John E. Sirine and Associates, Ltd., a copy of which is attached hereto as Exhibit "A. II 2 . The parcel shall be combined with the adjoining property of the Petitioner into one parcel. 3. The parcel shall not be conveyed by the city until such time as the Petitioner or assigns shall obtain a release of the city of Norfolk's right of reverter over said parcel. 4. This Ordinance shall be effective from the date of its adoption. 36 37 38 39 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 day of December, 1993. CA-5378 ORDIN\NONCODE\parker.ORD R-1 PREPARED: 11/26/93 -------, -~---- --- -~ 2 APPROVED AS TO LEGAL SUFFICIENCY ~i Ù /~ Department of Law SYKES,CARNES,BOURDON & AHERN P C ATTORNEYS AT LAW PETITION TO DECLARE CERTAIN PROPERTY EXCESS AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS PROPERTY OWNER ~ET I7.IQN TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, CAROLYN respectfully represents as follows: by PARKER, counse 1, 1. That Petitioner the applies the to and Mayor Council City an Virginia the Virginia, of of Beach, for ordinance declaring the hereinafter described property to be in excess of City to Virginia needs the the of of Beach and authorize City convey the the Manager to to the property Petitioner upon payment of fair market value as determined by qualified appraisal and in accordance with City policy. 2. That your Petitioner owns the property contiguous to the hereinafter described property and is the only property owner contiguous said the site. And further that to hereinafter described property has no utility unless joined to the contiguous property of Petitioner. 3. The Petitioner to be . IS asking property your declared in excess of the needs of the City of Virginia Beach so that she may purchase same is hereby described as follows: ALL THAT CERTAIN lot, piece or parcel of land situate in the Bayside Borough of the City of Virginia Beach, Virginia and being designated as .. 25' STRIP OF PROPERTY TO BE VACATED" on that - 1 - ----- -_. - SYKES, CARNES BOURDON & AHERN P C ATTORNEYS AT LAW certain plat entitled "Plat Showing A PORTION OF 25' STRIP OF PROPERTY TO BE VACATED ON LOT 10, SOUTHERN HALF OF LOT 9 AND A PORTION OF PARCEL DESIGNATED AS F.E. BERRIE, BERRIE GARDENS (MB 25, P. 4)", prepared by John E. Strine and Associates, Ltd. , a copy of which is attached hereto as Exhibit 'A"'. 4. Tha t no i nconven i ence wi 11 any person result to or property owner by of the hereinabove reason the sale of described property. WHEREFORE, Petitioner prays that the Mayor and your City Council of the City of Virginia Beach, Virginia, declare the hereinabove described property to be in excess of the needs of the City of Virginia Beach and to authorize the City Manager to convey same to your Peti tioner upon payment to the Ci ty of Virginia Beach, for the fair market value of said property as determined by qualified appraisal. Respectfully submitted, By: '/ Of Counsel I I I R. Edward Bourdon, Jr., Esquire SYKES, CARNES, BOURDON & AHERN, Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 (804) 499-8971 P.C. 4165i - 2 - --------- - C::;I\",O' I ^ N 42.83' REMAINING PORT DESIGNA TED A~O~ EOF PARCEL . . BERRIE 09816'40" E FIELD (25.15' ~/! o~ c/1 z ~Q, 0 /:i TJ n . ,,1 co I M- C Q') -" 0 <:x¡ 0° .0 - :0 (J\ tV :1- ::0:0 /" =:;~ Q'). CD () rrt JT1 . ~I M I:;::: Z:¡j (J1 (XI - -oi 0 - <D. . ,,:;:: r- ::0 r- . / - M.. 11 :E \ M- ).I/() <.nw r ::r ~ \ r~ MER\O\AN SOURCE (M.8.25, P.4) ~ ~ ;; )... Q! ~ Q:- r¿f:j O::?;~ 0 ::x: Q ~ ï;j~ .;s- :--Q 0 ~ï;j ~ c;: ~~ c PORTION OF PARCEL DESIGNATED AS F.E. BERRIE Q' -:"'.¡;j Qc;: G:!,-=- :-- ~~ , , 0) a tv a co o' co a ..... ~ OLD PIPE - 75.26' S 12.26' W 84.13' 25' STRIP OF PROPERTY TO BE VACATED , t a a a,"" o' tr) a .~ ..... co <0 C/) ---- N 05.38'00" E 31.68' NOTES: 1. THIS PLAT IS THE RESULT OF A FIELD SURVEY. 2. AREA OF LAND V ACA TED: 4,117 SQ. FT./O.O94 ACRE 3. GPIN NO.: <.f) Z 1479-48-9561 11 ~q ~/1 1479-48-8467 ~ ~ 1479-58-8573 :: 3. A 4. ALIGNMENT OF 25' STRIP OF rv"'.. ::: I PROPERTY WAS ESTABLISHED ~ ~ BY THE PROLONGATION OF P ~ PROPERTY LINES AS SHOWN ON .s.~ PLAT ENTITLED" AMENDED RESUB- DIV\SION PLAT OF LOT 4 AS SHOWN ON PLAT ENTITLED "SUBDIVISION OF WOODBEACH"", RECORDED IN MAP BOOK 151 AT PAGE 35. 10 I I I I ZlL. W ffiOm1o0 I IlL.I-°P I I-....J . l/') :J<g~'f> I O:I: ~v Ul ex:> (/) I I I 0) J- 0 --1 l.L. 0 Z 0 J- a:::: 0 a.. (9 z z « ~ w a:::: A=0.46' , , 1 -- OLD PIN 81.95' ~ - OLD S 05.05'00" W R=100.00' PIPE A=9 43' WEST BERRIE CIRCLE (sot) - 215' TO - N. GREENWELL ROAD '- r'At I~ ~ ( AÀ~N (I ) ,. 'ot .\ G-f¿;~)~! "'-(-1,,0 - 2~ .,~c" - . ~/D S n~~ J ~' PLA T SHOWING A PORllON OF 25' STRIP OF PROPERTY TO BE VACATED ON LOT 10, SOUTHERN HALF OF LOT 9 AND A PORllON OF PARCEL DESIGNATED AS F.E. BERRIE, BERRIE GARDENS (M.8.25, P.4) VIRGINIA BEACH, VIRGINIA OCTOBER 4, 1993 SA YSIDE BOROUGH SCALE: 1 "=30' JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS. ENGINEERS. PLANNERS VIRGINIA BEACH, VIRGINIA 0 t II i REV'SEIJ". NOVE MBER 29, /993 30 I 60 , GRAPHIC SCALE 90 1 120 FEET I ~ - ",,- .--......., ...'" T- ---- ------T-- - I' I I I ¡ ,I ,I THIS DEED OF VACATION AND QUITCLAIM is made this day of , 1993, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, I I J I II ,i II "Grantor" party of the first part, and the Carolyn Parker, , "Grantee" party of the second part, 2221 West Berrie Circle, Virginia Beach, Virginia. WITNESSETH: That for and in consideration of the sum of TEN DOLLARS I I I ¡ ¡ I II II I I II II II I I ¡ !I I I ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the party of the first part hereby releases, vacates, and forever QUITCLAIMS unto the party of the second part its right and interest, if any, in the following described property: All that certain lot, piece or parcel of land situate in the Bayside Borough of the City of Virginia Beach, Virginia, and being shown as the 4,117 sq. ft./O.O94 acre hatched area on that certain plat entitled "PLAT SHOWING A PORTION OF 25' STRIP OF PROPERTY TO BE VACATED ON LOT 10, SOUTHERN HALF OF LOT 9 AND A PORTION OF PARCEL DESIGNATED AS F.E. BERRIE, BERRIE GARDENS (MB 25, P. 4) SCALE: 1"=30' OCTOBER 4, 1993," prepared by John E. Sirine and Associates, Ltd., a copy of which is attached hereto as Exhibit "A." II f It being a part of the same property conveyed to Grantor, by Deed of city of Norfolk, a municipal corporation of the State of Virginia, dated July 21, 1967, and recorded in the aforesaid Clerk's Off ice in Deed Book 1018, at page 154. GPIN: 1479-48-9561; 1479-48-8157; 1479-58-8573 I II " I This is subject to conditions, made conveyance restrictions, easements, and reservations of record in the chain of title, if any, constituting constructive notice thereof. witness the following signatures and seals: I I I I. I I I I ¡ I i CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia APPROVED AS TO LEGAL SUFFICIENCY W J; IfJ1; Department of Law By city Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk I I II I, II I' II II j I STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager/Authorized Designee of the City Manager of the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, whose name is signed to the foregoing writing, bearing day of date the , 1993, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of ,1993. I II I Notary Public My commission expires: 2 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, a ci ty Clerk of the CITY OF VIRGINIA BEACH, municipal corporation of the Commonwealth of Virginia, whose name is signed to the foregoing writing, bearing date the day of ,1993, has acknowledged the same before me in my City and state aforesaid. Given under my hand this day of , 1993. Notary Public My commission expires: I II I I 3 - - 1 LOCATION MAP . . - ~~ --- . ~;, ,,- . - " - \-------- -. I ---- '"' I. ;,--, ~ , .:- I ~ '-j t'- ~ f :::...' - :'_'-.-,;~ . "," ~- ~ '-' ~~..u"?-...... ~ .~~;.;.... - ~ ".:lUNa RD . J- . '"', ,. "', -,]0.' ..- .....-: " r, .... -r .....: ~ J8. '- ,";.t. - - ';. ~ .;.. "-'!:' '~.. ' ~<: --:- .. ..., ---- ----T EXHIBIT "A" MERlO! AN SOURCE (M.8.25, P.4) -~ ~ ~ )... if! ~ £C flf:] Q:::~~ O::J::o ~ ç;j~ .:s;: :--.;0 0 ~c¡j ~ c;: ~\...:. REMAINING PORTION OLD DESIGNA TED AS F EOF PARCEL PIN . . BERRIE 4 ~ 09-'6'40" E FIELD 2.83 (25.15' :~/! 0-::1 (~ z ~w () /:j TI n °"'1 OJ \ -- ,. c - ffi'-' () 4õO,,:;IJ () P -0 -. ::0 (]'I N ,.-- ::u :;0 /" :!' ~ ffi. '.... CD 0 r~ -,. rr, (]'I _I. .....:.. ..:u CD :;'-1 (.J - <D - ","'-r- :;.of.... ~ / - ., :E \ (;) / ~2 .t. ffi ;x: I r- ~-) r.. L PORllON OF PARCEL DESIGNATED AS F.E. BERRIE Q' Q't! ¡;j '-=- :-..; ~4J .. .. 0) a tv a ~ o' <0 a - ~ r --- .. t 0 a o..1V) o' II) a -~ - co <0 CI') - 75.26' S 12.26' W 84 13' 25' STRIP OF PROPERTY TO BE VACATED OLD PIPE OLD PIN OLD PIN N 05.38'00" E 31.68' NOTES: 1. THIS PLAT IS THE RESULT OF A FIELD SURVEY. 2. AREA OF LAND V ACA TED- 4,117 SO. FT,/0.094 ACRE 3. GPIN NO.: Lf) Z 1479-48-9561 11 ~ q ;:;/1 1479-48-8157 ~ ~ 1479-58-8573 :~ ~ /! 4. ALIGNMENT OF 25' STRIP OF Y I PROPERTY WAS ESTABLISHED ~-;J ~ BY THE PROLONGATION OF P S PROPERTY LINES AS SHOWN ON -S---- PLAT ENTITLED" AMENDED RESUB- DIVISION PLA T OF LOT 4 AS SHOWN ON PLAT ENTITLED "SUBDIVISION OF WOODBEACH"", RECORDED IN MAP BOOK 151 AT PAGE 35. 10 I I I I Zu.. w ffiOm1Do I j;~....~~ O::)<g~~ I :I: r-v (f) co (/) I I I m .- 0 -' lL. 0 Z 0 f= a:: 0 a.. <...') z z « ~ w a:: :. A=O 46' - . ... OLD PIN 81 95' -- - OLD S 05-05'00" W R=100.00' PIPE A=9,43' WEST BERRIE CIRCLE (50') - 215' TO - N. GREENWELL ROAD t'.\t'l . r;.A~P.¡ t . ",,r . - . . , 6'~¿::~.I~ r . ~ 10 - 2'2.'~ ", ~, ~..q oJ (') .- ~o sun"~~~"'" -.......:.- ..sr-- PLAT SHOWING A PORTION OF 25' STRIP OF PROPERTY TO BE VACATED ON LOT 10, SOUTHERN HALF OF LOT 9 AND A POR110N OF PARCEL DESIGNATED AS F.E- BERRIE, BERRIE GARDENS (M B.25, P.4) VIRGINIA BEACH, VIRGINIA OCTOBER 4, 1993 BA YSIDE BOROUGH SCALE: 1 "=30' JOHN E. SIRINE AND ASSOCIATES, L TO. SURVEYORS- ENGINEERS- PLANNERS VIRGINIA BEACH, VIRGINIA 0 , 30 I 60 , GRAPHIC SCALE 90 I 120 FEET I - - 21 - ~ CONSENT AGENDA ITEM # 37504 Upon 11Wtion by Vice Mayor Sessoms, seconded by Councilman Brazier, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $281,575 from the Virginia Housing Partnership Fund's Indoor Plumbing/RehabilitatiOn Program to the Department of HOUSing and Neighborhood Preservation re housing rehabilitation or reconstruction and that revenues be increased accordingly. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W Brazier, Jr Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Willzam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 10 11 12 13 14 15 16 17 18 19 20 21 1 2 3 ORDINANCE TO ACCEPT AND APPROPRIATE $281,575 FROM THE VIRGINIA HOUSING PARTNERSHIP FUND'S INDOOR PLUMBING/REHABILITATION PROGRAM FOR HOUSING REHABILITATION 4 WHEREAS, the Department of Housing and Neighborhood Preservation operates 5 housing rehabilitation programs for the benefit of the citizens of Virginia Beach, and 6 WHEREAS, the Virginia Department of Housing and Community Development 7 has notified the City that it has made available $281,575 in Indoor Plumbing/Rehabilitation 8 Program funds for the rehabilitation or reconstruction of eligible owner OCCUpIed houses in 9 Virginia Beach, and WHEREAS, the Department of Housing and Neighborhood Preservation is currently operating such a program and will continue it with the use of these funds. NOW, THEREFORE, BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF VIRGINIA BEACH accepts and approprIates $281,575 for use as specified by the Virginia Department of Housing and Community Development, and that revenue from the Commonwealth be increased by $281,575. Adopted by the Council of the City of Virginia Beach on the Fourteenth December day of , 1993. Approved as to Contents: 1 / //4 ~. , - , , //( ,/I ' 7' ;" ,I'> '. , \" yJ¡ ~!'l j j¡, -, (¿ ~lj¡,"i -, A'bdrew M. Friedman, Director Housing and Neighborhood Preservation Approved as to Legal Form: '~"",ì,',,111,..'," -.i'"f' >. 1\ \ .~"."- , ." ,J. "r' :~"II""'l II..,: ,..,-,_,10."1.. u 4 f \mbasket\afned\mdoor ord - 22 - ~ CONSENT AGENDA ITEM # 37505 Upon motion by VIce Mayor Sessoms, seconded by Councilman Brazier. City CounciL ADOPTED: Ordinance to ACCEPT and APPROPRIATE $177,821 from the Federal Government to the Department of Mental Health, Mental Retardation and Substance Abuse re substance abuse treatment/prevention and additional infant stimulation services. Voting: 10-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, LoUIS R. Jones, Paul J Lan tezgn e, John D Moss. Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D Sessoms, Jr Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14. 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 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT FEDERAL FUNDING IN THE AMOUNT OF $177,821 TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE TO REDUCE THE RISK OF CHILD ABUSE AND NEGLECT IN FAMILIES WITH SUBSTANCE ABUSE PROBLEMS, TO ENHANCE SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS, TO SERVE SUBSTANCE ABUSING WOMEN AND THEIR CHILDREN, AND TO PROVIDE THERAPY FOR INFANTS IN THE INFANT STIMULATION PROGRAM 9 WHEREAS, the Community Services Board and the Department of Mental Health, Retardation, Mental and Substance Abuse are responsible coordination and for the implementation of mental health, mental retardation, and substance abuse services; WHEREAS, the department has received federal funding in the amount of $177,821 to provide substance abuse treatment/prevention services and additional infant stimulation services; WHEREAS, the funding requires no local funding match and 1 FTE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funding in the amount of 1 . $114,450 be accepted and appropriated from the federal government and 1 FTE be established in the Department of Metal Health, Mental Retardation, and Substance Abuse to reduce the risk of child abuse and neglect in families with substance abuse problems; 2. That funding in the amount of $18,500 be accepted and appropriated from the federal government to enhance substance abuse treatment and prevention programs; 3. That funding in the amount of $6,000 be accepted and appropriated from the federal government to serve substance abusing women and their children; 4. That funding in the amount of $38,871 be accepted and appropriated from the federal government to provide therapy for infants in the infant stimulation program; and appropriations $177,821 be offset by That 5 . a increase in federal revenue. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Fourteenth December , 1993. day of This ordinance its effective from the date of shall be adoption. Approved as to Content ~~~/ Walter C. Krae , Jr. "\ .. ~~~ ~ø' . VIrginia Commonwealth University - November S, 1993 Dennis Wool, Ph.D. Executive Director Virginia Beach Communi ty Services Board Comprehensive Substance Abuse Programs Pembroke 6, Suite 208 Virginia Beach, V A 23462 Agreement Number: 5-26105; Req. No. 136300 Doctor Kathryn Hal1. Project Director at Virginia Beach Con1munity Services Board Doctor Susan R. Gener. Project Director at veu Dear Doctor Wool: RE: Enclosed are two copies of the agreement between VCU and Virginia Beach Community Services Board executed for VCU. Please return one ful1y executed copy and retain the other for your records. If the execution of the enclosed agreement is not under your authority, please forward it to the appropl"iate individual. Sincerely, ð uJ ~G-~ '(, Deborah W. Valenti Research Administrator Enclosure c: Doctor Susan R. Geller Otr1ce ot Sponsored Programs. Box ~Ga . RlC:hmond. Vll1.r1nia 23298-0588 (804) 786.2824 . 'VOICE TDD (804) 186-0956 . FAX (80") 371-Z521 -" -- or"A:" ~ r:-" 1 :-'~ ~ I\. . ". -~\ '-. , þ -\ . t ~., ,~, - ~ - ."'" - - ',I - '~'... ~,,-';4' .. :!.~-- 0.;-.7 ,.~ Dt'oarlmf!nt lor Rlthu 0/ . ¡TIllman:. ~ lln DISablilllf!S "'Ir "'l nl ~ "t - ~ , "I """ . ' 1 Io¿oarttnt!nt Of Sacral 'l"I/(t!S . '" ..",. ,'r -O~l'" '....... -, -¡............ \ """'---"""'" . ~ ...IR GI"T"" , ' I ., '\. " \ ' \ I,,' ""-,1, """; "T ..:..., - ~ ... 1 - \"".... I l' ....-... -~ -. r.:.. ""'. ; - ':) ...." 1. ... Dr oarrment Inr the 1/lutJIÚ HIJnalcapped . " . " I , ~ E-tRLY lVTER r'E.VTIO\ SERJ7CES FOR lVFA.VTS .-L\D TODDLERS H'TTH DISABILITIES -t VD THEIR F.4JI/LIES \..lft> ( 'Jrporaf/on l ,JmmUSlOn. Bureau oJ IlI\urance . -"r "', " ...~ - - ,.I, , -' , ' "ift t! to: "(' / "CltII£WaÚ 1\ Ill! Dljan//l:lt'5 Edw.aw}f1 .h r To: Local CouncIl Coordinators Local Fiscal Agen ts ~ Fro m: King E. DaVIs, Ph"D"~'¿AJ Commissioner Date: November 15, 1993 Sub]: Part H Re-AllocatIon Funds On behalf of the state agencies involved in Part H, I am pleased to announce that $412,000 of federal Part H re-allocation funds are being disseminated to local councils based upon each council's revised formula share. The V 1..RGr-t ~ . ..local interagency coordinatIng cou.n~il wIll receive $~ in additional funds under "the same grant number as your ongInal allocation, #92-~. In order to indicate how you will use these additional funds, please submit a revised fifth year budget and revised fifth year budget jusuficatlon narrative to the Part H Office by December 31, 1993. If you have any questions regarding these re-allocation funds, please contact your regional consultant. cc: Brad Bradford Mike F ehl Anne Lucas Regional Consultants Rosanna Moser ----f - ----- KING E DAVIS. Ph 0 . LCSW COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF Mental Health, MenIal Retardatio1l and Substance Abuse Services MEMORANDUM MAILING ADDRESS PO BOX 1797 nlCI CMONO. VA 23214 TEL (804) 786-3921 TO: Edna Hanopal, Virginia Beach CSB, Fiscal ()L Aida Rivadeneira, Project LINK State Coordinator FROM: DATE: December 1, 1993 RE: Child Care Development Block Grant Please be advised that Virginia Beach has been awarded $6,000 in CCDBG funds for fiscal year 1993-94 to purchase child care slots for eligible project LINK children. To access this amount, a form 5 must be completed as soon as possible and submitted to me. I will then hand deliver the form to our fiscal staff person, Brad aradford. Please note date, fiscal year and purpose. As I highlighted in my memo dated November 8,1993, Virginia Beach will be reimbursed for the expenses incurred last year in the amount of $1,960. Thus, the boxed in area of the form titled COST will list total expenses as $7,960, your first year quarterly report should only reflect $6,000 as operational revenue for this year. Should you have any questions, please do not hesitate to call me at 786-1530. Thank you for your continued support and cooperation. cc: patricia Gonet VOICEltDD (804) 371-8977 FAX (604) 78&-414b - - 1 ----~ ~r:) KING E DAVIS. Ph D LCSW COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF Mental Health, Mental Retardation and Substance Abuse Services November 18, 1993 MAILING ADDRESS PO BOX 1797 RICHMOND. VA23214 TEL (804) 786-3921 Dennis I. Wool, Ph.D. Executive Director Virginia Beach Community services Board Pembroke Six, Suite 208 Virginia Beach, VA 23462-2891 Dear Dr. Wool: The Virginia Beach Community services Board has been awarded $18,500 in additional SAPT Prevention Block Grant Funds. Your "Plan for Intended Use" was received and approved by the Office of Prevention and Children's Resources. These additional funds should be expended by June 30, 1994 if at all possible. Questions regarding the additional SAPT Prevention Block Grant Funds and your Plan for Intended Use should be directed to William B. Porch, Ph.D. at (804) 786-1530. If you have any questions regarding the fiscal procedure, please contact your Community services Administrator. To access your additional SAPT Prevention Block Grant Funds, complete a Form 5 - Reappropriation and One Time Grants, make a notation of the money's intended use and send the original and three (3) copies to Paul Gilding, Director of Community Services. Sincerely, ~ ".. ~:.-.._.,.--.... > , -, r ~ ~~.-...... 'I.,: .: r~ I-! ,- I' --~----...-, , ' , l-¡,;J" . ' , ~ ~ ~ I --~--.... -' . ~ - I .: J- --""~-.""-"~.J \\- 0-' ~ð vv-. ~ ~ NOV 2 ¿ , Harriet M. Russell Director, Office of Prevention and Children's Resources - --- WBP jhdr . , .... - - _. ~M_', - ". cc: Olivia Garland Paul Gilding Mellie Randall Rosanna Moser William B. Porch, JoAnn Ackerman , . . .. Ph.D. VOICElTDD (804) 371-8977 FAX (804) 786-4146 -- ----r-- - ---- ----- ~ .. AGREEMENT AGREEMENT NUMBER: 5-26105; Req. No. 136300 , DATE: November S. 1993 PARTIES TO THE AGREEMENT: This is an agreement between: Virginia Commonwealth University I hereinafter caned VCU with a business address at Box 568, MCV, Richmond, VA 23298-0568 and Virginia Beach Community Services Board, hereinafter called SUBAWARDEE with a business address at Pembroke 6. Suite 208, Virginia Beach, Virginia 23462 CONTENTS: This Agreement consists of this page and Schedule of Provisions ................. General Provisions ............. I."" Attachment AI Statement of Work ... Attachment B. Budget .................. Attachment C, VCU's Award ......... Attachment DI Requisition """." ,/ VCU is in receipt of Grant No. 90CNO12501 from U. S. DHHS. This agreement Is to make a subaward in compliance with the terms of said a ward to VCU. page 2 page 5 page 10 page 11 page 12 page 13 PURPOSE: PERIOD OF PERFORMANCE: September 30, 1993 - September 29. 1994 COST: Not to exceed $114.450. PROJECT DIRECTORS: VCU: SUBAWARDEE: Doctor Susan R. Gener Doctor Kathryn Hall EXECUTION: In witness of their acceptance of the terms of this agreement. the parties have caused it to be executed by their duly authorized representatives. VIRGINIA COMMONWEALTH UNIVERSITY: VIRGINIA BEACH COMMUNITY SERVICES BOARD: 1ft' ~.". yav u. '- Herbert B. Chermside, Director Sponsored Programs Administra tion I/Gé~ Date & I..: -54600-1758 -- (Typed Name) Date '" TAX I.D.: -- - -,--- - 23 - ~ CONSENT AGENDA ITEM # 37506 Upon motion by VIce Mayor Sessoms, seconded by Councilman Brazier, City Counczl ADOPTED: Ordinance to ACCEPT and APPROPRIATE $116,232 for Sectzon 8 rental payments and administrative fees from the United States Department of Housing and Urban Development (HUD) re Section 8 Rental Assistance Program and that revenues be mcreased accordmgly Voting: 10-0 Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, James W. Brazier. Jr, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14. 1993 10 /11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 ORDINANCE TO ACCEPT AND APPROPRIATE $116,232 FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR USE IN THE SECTION 8 RENTAL ASSISTANCE PROGRAM 4 5 6 WHEREAS, the City receives funding under the Section 8 Existing Housing Program for the purpose of providing rental subsidies to low income households, and WHEREAS, the City has received an award of additional funding under this 7 8 9 program, and WHEREAS, the City wishes to expand the use of Federal funds to provide rental assistance to low Income households, NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that $116,232 in Section 8 rental payments and administrative fees be accepted and appropriated to the Section 8 budget unit, and BE IT FURTHER ORDAINED THAT revenue from the Federal government be increased by $116,232. Adopted by the Council of the City of Virginia Beach on the 14 day of Decernbe:ç 1993. Approved as to Content: A pproved as to Legal Form ¿~ -'"city Attorney rew M. Fri man, Director Department of Housing and Neighborhood PreservatIon ~". i' jt(\ "ED.AS TO CONi F f-"¡r rr 'v\,":hr C K'~f)mHr "r O~~! ~)r '.1dn-lClern ^>r)t rrl [<I ¡rtntlt - 24- ~ CONSENT AGENDA ITEM # 37507 Upon motion by VIce Mayor Sessoms, seconded by Councilman Brazier, City Council ADOPTED: Ordinance to TRANSFER $263,000 within the HOME Program Fund to VIrginia Beach HOME, Inc. re housing for low income persons Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch. III, James W Brazier, Jr.. Robert W Clyburn, LoUIS R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wilham D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 10 11 12 13 14 15 16 17 18 19 20 1 2 3 4 5 6 7 8 9 6 ORDINANCE TO TRANSFER FUNDS WITHIN THE HOME PROGRAM FUND WHEREAS the HOME Program was established by the Federal Government to provide housing for low income persons; and WHEREAS staff have reviewed the budgeted use of FY 94 HOME funds; and WHEREAS staff recommends that the proposed use of funds be changed to provide additional funding for permanent housing and for operating costs of virginia Beach HOME, Inc. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that $263,000 of FY 94 HOME funds currently budgeted for a homeless shelter be allocated to Virginia Beach HOME, Inc. for the purpose of providing permanent affordable rental housing, including $38,000 for operational costs of the program. the Adopted by the Council of the City of Virginia Beach on 14 December day of , 1993. Approved as to Contents: Approved as to Legal Form: ( jy' City Attorney drew M. Fr' edman, Director Department of Housing and Neighborhood Preservation l~PPE.OVED AS TO COi"¡TEN1r ~~ OeD! cf M::lfi....LuTult ~~nrj Budget' - 25- ~ CONSENT AGENDA ITEM # 37508 Upon motion by VIce Mayor Sessoms, seconded by Councilman Brazier, CIty CouncIL ADOPTED: Ordinance to AMEND the 1993-1994 Community Development Block Grant (CDBG) Final Statement of ObjectIves; TRANSFER $10,000 from the CDBG Special Revenue Fund; and, authorIze the CIty Manager's use of the funds re repair of the Judeo-Christian Outreach Shelter Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr, Robert W Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WILLiam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 ,. 10 11 12 13 14 15 16 17 18 19 20 21 1 AN ORDINANCE TO AMEND THE 1993 - 1994 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FINAL STATEMENT OF OBJECTIVES TO AUTHORIZE FUNDING FOR THE REPAIR OF THE JUDEO-CHRISTIAN OUTREACH SHELTER 2 3 4 5 6 WHEREAS, the City of Virginia Beach supports the activities of the J udeo- Christian Outreach Shelter, and WHEREAS, the City desires to assist the Shelter to improve its facilities, and WHEREAS, the Council has determined that the use of CDBG funds for such 7 8 9 purpose is appropriate, NOW, THEREFORE BE IT ORDAINED, that the 1993-1994 Community Development Block Grant Final Statement of Objectives is amended to authorize funding in the amount of $10,000 for the repair of such shelter as indicated on the written request of the shelter, AND, BE IT FURTHER ORDAINED that the City Manager is authorized to transfer funds from the CDBG Special Revenue fund for such purpose. Adopted by the Council of the City of Virginia Beach on the 14 of December, 1993. day Approved as to Legal Form , / r'\PPROVED AS T() CONTL:\'T ~~~ ÙE:pt of M'1'1D.gernf~rlt :F'd ~IJdQet . - 26- ~ CONSENT AGENDA ITEM # 37509 Upon motion by Vice Mayor Sessoms, seconded by Councilman Brazier, City CounciL ADOPTED: Ordinance authorizing License Refunds in the amount of $10,417.05 upon applzcatzon of certam persons and upon certzfzcatzon of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III. James W Brazzer. Jr. Robert W Clyburn, Louis R. Jones, Paul J. Lan tezgn e, John D Moss. Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 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 Year Date Paid Base Penalty Into Total Beaches Rental Equipment Co. Inc. 2509 Sandpiper Road 1992 Virginla Beach, VA 23456 Audit 46.77 46.77 DaVls Engineering Assoc. PC 569 Central Drive #100 1991-93 Vlrglnla Beach, VA 23454 Audlt 278.95 278.95 East Coast Construction Mgt. 1508 Chirnside Court 1990-92 Vlrglnla Beach, VA 23464 Audit 48.00 48.00 Certified as to Payment -~~# ~£-Y ~ ~bert P Vaughan Commissioner of the Revenue -- Approved as to form Les Ie L Lilley City Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 373.72 were approved by the Council of the City of Virginia Beach on the 14 day of December 11993 Ruth Hodges Smith City Clerk ~ FORM NO CA . 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 Hardy Bui1dlng Corp. 1991-93 Audlt 32.05 32.05 4356 Bonney Road #101 Virginla Beach, VA 23452 Hunter, Wi111am D. 1991-92 Audlt 37.72 37.72 824 B11trnore Drive Vlrglnla Beach, VA 23454 Internatlona1 Cargo Servo Inc. T/A I C S 1992-93 Audlt 690.71 690.71 1300 Dlamond Sprlngs Road Vlrglnia Beach, VA 23455 Certified as to Payment '7 '/' ~ ~-~~-. /¿~ ~obert P Vaughan ¿;/ Commissioner of the Revenue Approved as to form ~(ß15. slle L LIlley City Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 760.48 were approved by the Council of the City of Virginia Beach on the 14 day of December 19 93 , Ruth Hodges Smith City Clerk I -- FORM NO C A. I 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 Year Date Paid Base Penalty Int Total Kyl0 Cable Inc. 36 Cedar Road Poquoson, VA 23662 1990-91 Audlt 112.76 112.76 Luper, Mlchele K. 1990-92 T/A Direct Health Foods Distribution 944 24th Street #202 Virglnia Beach, VA 23451 Audit 30.00 30.00 Management Consulting Inc. T/A Mancon 1992-93 1617 Dlamond Sprlngs Road Vlrginla Beach, VA 23455 Audlt 6,683.44 6,683.44 CertifIed as to Payment ~~-7~ Robert P VaUghO Commissioner of the Revenue Approved as to form This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 6,826.20 were approved by the Council of the City of Virginia Beach on the 14 day of December , 19 93 Ruth Hodges Smith City Clerk FOAM NO CA 8 REV 3IW6 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 Margerco Ltd. T/A Kays Bedding 3021 Cape Henry Court Virginia Beach, VA 23451 1992-93 Audit 464.39 464.39 Marshall, Linda K. T/A A & M Bullders 668 Harris Point Drive Vlrglnia Beach, VA 23455 1991-92 Audit 27.99 27.99 Miranda Inc. 1992-93 T/A Deslgner Styllsts 16506 SE 29th Street Apt. G69 Carnas, WN 98607 Audit 136.27 136.27 Approved as to form This ordinance shall be effective from date of adoption The above abatement(s) totaling S 62R.61:) were approved by the Council of the City of Virginia Beach on the 14 day of December I 19 93 Ruth Hodges Smith City Clerk r - 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 Year Date Paid Base Penalty Int Total Montessori Inst. of Tdwtr. Inc. 928 Glenfield Court 1992 Virginia Beach, VA 23454 Audit 314.73 314.73 Mosley, Rosetta F. T/A Un~forms 4-U 1401 Planting Court Virginia Beach, VA 23456 1991-92 Audit 10.00 10.00 Mulvaney, James N. 1989-92 T/A Sandford Rose Associates 727 Ivanhoe Drive Florence, SC 29505 Audit 206.18 206.18 Certified as to Payment obert P Vaughan CommisSioner of the Revenue Approved as to form Leslie L LIlley ¿. City Attorney This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 530.91 14 of the City of VirgInia Beach on the were approved by the Council December 93 day of I 19 Ruth Hodges Smith City Clerk - --- - ,--'- FOAM NO C A. 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved' NAME License Year Date Paid Base Penalty Int Total Nelson, Steven S. 1993 T/A Steven S. Nelson, Atty. At Law P.O. Box 3667 Norfolk, VA 23514 Aud1.t 228.06 228.06 Norfolk Sheet Metal Works Inc. 215 E. 25th Street 1992-93 Norfolk, VA 23504 Audit 206.17 206.17 Peirce, Charles H. 1992-93 T/A Act1.on Fence & Construct1.on Co. 5812 MoJave Road Virg1.nia Beach, VA 23462 Audit 12.82 12.82 Certlflea as to Payment ert P Vaughan CommisSioner of th Approvec as to form This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 447.05 were approved by the Council of the City of Virginia Beach on the 14 day of December ,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 Year Date Paid Base Penalty Int Total Pick, Fred B. & Kathie J. 1991-92 T/A Coverall/Pick & Company 633 Kenneth Road V1rgin1a Beach, VA 23462 Audit 94.82 94.82 Pipemasters Inc. 9647 F1rst V1ew Street Norfolk, VA 23503 1992 Audit 30.00 30.00 Prism OptlCS Inc. P.O. Box 3211 Norfolk, VA 23514 1993 Audlt 82.08 82.08 Certlflea as to Payment ~-~~ ~obert P vaug~ CommiSSioner of the Revenue Approved as to form ThiS ordinance shall be effective from date of adoption The above abatement(s) totaling S 206. gO slle L Lilley City Attorney of the City of Virginia Beach on the 14 were approved by the Council December 93 day of I 19 Ruth Hodges Smith City Clerk FOAM NO C A. 8 REV 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME License Year Date Paid Base Penalty Int Total Prumm, will1am E. 4516 Yarmouth Court Vlrginla Beach, VA 23455 1993 10/5/93 30.00 30.00 Seaport Plywood Inc. 3411 Investors Road Norfolk, VA 23502 1992 Audlt 397.16 397.16 Seebergeer, Rick J. 1992 T/A Prepress Express Intnl. 1401 Greenbrler Parkway #370 Chesapeake, VA 23320 Audit 150.00 150.00 Certified as to Pavment ert P Vaughan Commissioner of t, Approved as to form ThIs ordinance shall be effective from date of adoption The above abatement(s) totaling $ 577. +6 14 were approved by the Council December 93 I 19 of the City of Virginia Beach on the day of Ruth Hodges Smith City Clerk FORM NO CA 8 REV 318& 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 Into Total Storbeck, Gerhard C. 1992-93 T/A Green Run TV & Stereo 1013 Tangelo Isle Fort Lauderdale, FL 33315 Audit 53.86 53.86 Tidwell, Robert J. T/A Shamrock Landscaping 1493 Trading Point Lane Virginia Beach, VA 23452 1992-93 Audl.t 12.12 12.12 Certified as to Payment ert P Vaughan Commissioner of the R Approved as to form This ordinance shall be effective from date of adoption The above abatement(s) totaling $ 65.98 were approved by the Council 14 Dec9mber 93 day of , 19 of the City of Virginia Beach on the Ruth Hodges Smith City Clerk - 27- ~ PUBUC HEARING ITEM # 37510 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on. PLANNING 1. (a) COLUMBUS CENTER ASSOCIATES STREET CLOSURE (b) YWAIN YOUNG VARIANCE (c) TIDEWATER EVANGELICAL FREE CHURCH CONDITIONAL USE PERMIT (d) MONTE JOE BIGELOW CONDITIONAL USE PERMIT (e) TUNE UP PLUS CONDITIONAL USE PERMIT (f) U-HAUL INTERNATIONAL, INC. CONDITIONAL USE PERMIT (g) KELLAM-GERWITZ, Agent for London Mews CHANGE OF ZONING (h) CHURCH OF THE REDEEMER CONDITIONAL USE PERMIT (i) INDIAN RIVER PLANTATION, INC., AND INDIAN RIVER COUNTRY CLUB ESTATES, LP. CHANGES OF ZONING (j) INDIAN RIVER PLANTATION, INC., INDIAN RIVER VARIANCE COUNTRY CLUB ESTATES, LP., ROBERT F. RIPLEY AND CHANGE OF ZONING THOMAS VANCE CONDITIONAL USE PERMIT December 14, 1993 - 28- Item IU-J.l.a. PUBliC HEARING ITEM # 37511 PLANNING Upon motion by Councilman Jones, seconded by Councilman Brazier, CIty CouncIl AUTHORIZED AN ADDITIONAL lBO-DAY DEFERRAL (To June 14, 1994) in the Petition of COLUMBUS CENTER ASSOCIATES for the discontinuance. closure and abandonment of a portion of Columbus Street beginning at the Eastern boundary of ConstitutIOn Drzve Petition of Columbus Center Associates for the discontinuance, closure and abandonment of a portion of Columbus Street beginnIng at the eastern boundary of Constitution Drive and runnIng m an easterly dIrection a distance of 650 feet. SaId street IS 50 feet m wIdth and contains 33,854 square feet. More detaIled InformatIOn IS avaIlable in the Department of Planning. BAYS/DE BOROUGH Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wlllzam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 - 29 - ~ PUBliC HEARING ITEM # 37512 PLANNING Upon motion by Councilman Brazier, seconded by Councilman Moss, City Council DENIED the Ordinance upon application of 1WAIN YOUNG for a Variance to SectiOn 4.4((b) of the Subdivision Ordinances which requires that all lots created by Subdivision meet all requirements of the Subdivision ordinance of the City Zoning Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, SubdivisiOn for Twain Young Property is located on the north side of Owl's Creek Lane, 406 46 feet east of South Birdneck Road LYNNHAVEN BOROUGH Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 - 30 - Item /0-J.1.12:. PUBliC HEARING ITEM # 37512 (Continued) PLANNING Upon motion by Councilman Brazier, seconded by Councilman Baum, CIty Council AGREED TO RECONSIDER the previous action DENYING the applzcation of 1W AIN YOUNG for a Variance to Section 4.4(b) of the Subdivision Ordinances which requires that all lots created by SubdivIsion meet all requirements of the Subdivision Ordinance of the City Zoning Ordinance The applicant, Twain Young, was in the audience, but was not aware he was to respond to the CIty Clerk. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. BrazIer, Jr., Robert W. Clyburn, LoUIS R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: None Council Members Absent: Robert K Dean and VIce Mayor Wlllzam D. Sessoms, Jr. December 14, 1993 - 31 - Item IU-J.1.b. PUBLIC HEARING ITEM # 37512 (Continued) PLANNING Twain Young, the applicant, represented himself Upon motion by Councilman Brazier, seconded by CouncIlman Moss, CIty CouncJl DENIED the Ordinance upon application of TWAIN YOUNG for a Variance to Sectzon 44(b) of the Subdivision Ordinances which requires that all lots created by SubdIvlszon meet all requIrements of the SubdIvIsion ordinance of the City Zoning Ordinance. Appeal from Decisions of Administratžve Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Twain Young. Property is located on the north side of Owl's Creek Lane, 406 46 feet east of South Birdneck Road. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr, Robert W. Clyburn, Louis R. Jones, Paul J Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wilham D Sessoms, Jr Council Members Votžng Nay: None Council Members Absent: Robert K Dean December 14, 1993 - 32 - Item IU-J.i.c. PUBliC HEARING ITEM # 37513 PLANNING Thomas Sawyer, 470 Leslie Terrace, Phone: 422-6155, represented the Tidewater Evangelical Free Church Upon motion by Councilman Clyburn, seconded by VIce Mayor Sessoms, City Council ADOPTED an Ordinance upon application of TIDEWATER EVANAGELICAL FREE CHURCH fora Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWATER EVANGELICAL FREE CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (EXPANSION) RO12931862 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Tidewater Evangelzcal Free Church for a Conditional Use Permit for a church (expanszon) on the northeast side of Euclid Road, southeast of Northern & Southern Railroad. Said parcel is located at 4966 Euclid Road, Suite 107, and contains 1 477 acres KEMPSVILLE BOROUGH. The following condition shall be required; 1. This request is approved for a period of three years. The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance Adopted by the Council of the City of Vlrginza Beach, VIrginia, on the Fourteenth of December. Nzneteen n r nd ine - re. Voting: 9-0 Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, Robert W. Clyburn. LoUls R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E Oberndorf. Nancy K Parker and VIce Mayor William D. Sessoms. Jr. Council Members Voting Nay. None Council Members Absent: James W. Brazier, Jr. and Robert K Dean December 14, 1993 - 33 - ~ PUBLIC HEARING ITEM # 37514 PLANNING Monte Joe Bigelow, 5704 Blackwater Road, Phone: 421-9278, represented the applicant Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of MONTE JOE BIGELOW for a ConditIOnal Use Permit ORDINANCE UPON APPLICATION OF MONTE JOE BIGELOW FOR A CONDITIONAL USE PERMIT RO12931863 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE C/1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Monte Joe Bigelow for a CondItional use Permit for a home occupation (taxidermy) at the southeast Intersection of Blackwater Road and Hunganan Road. Said parcel is located at 5704 Blackwater Road and contains 1 acre. BLACKWATER BOROUGH. 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 Fourteenth of December. Nineteen u an in e. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D Sessoms. Jr Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Robert K Dean December 14, 1993 ~ PUBliC HEARING PLANNING - 34- ITEM # 37515 Richard K Stell, 21866th Street, Phone: 428-5824 Upon motion by Councilman Jones, seconded by VIce Mayor Sessoms, City Council ADOPTED an Ordinance upon application of TUNE UP PLUS for a Condztzonal Use Permit ORDINANCE UPON APPLICATION OF TUNE UP PLUS FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR & SERVICE ESTABLISHMENT RO 12931864 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Tune Up Plus for a Conditional Use Permit for an automobile repair and service establishment on certain property located at the northwest corner of VIrginia Beach Boulevard and Witchduck Road. Said parcel contains 16,200 square feet. BAYSIDE BOROUGH. The following conditions shall be required; 1. No outside storage of automobile parts will be allowed. 2. No outside storage of vehicles will be permitted outside of normal business hours 3. Only one curb cut on Witchduck Road and one curb cut on VIrginia Beach Boulevard will be permitted. The two curb cuts closest to the intersection will be closed by Installation of planters. 4. The existing brick on the structure will remain and the trim will be painted antique white. 5. Signs on the building will match the type used at the applicant's Denbigh location Pictures of these signs are on file in the Planning Department. Any freestanding sign will be a monument-type with a landscaped base. 6. Planters will be installed along portions of the bUildIng facing Witchduck Road and VIrginia Beach Boulevard, excluding bay entrances and doorways. Plantings will also be installed in the unpaved area at the corner of the site. 7. Aluminum and vinyl awnings shall be used. The Ordinance shall be effective zn accordance with Sectzon 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of VIrginia Beach, VIrginia, on the Fourteenth of December. Nzneteen n d n e. December 14, 1993 - 35- /h:m...1IbL1&. PUBLIC HEARING ITEM # 37515 (Continued) PLANNING Voting: 8-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E Oberndorf, Nancy K Parker and Vice Mayor Wllliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: John D. Moss Council Members Absent: James W. Brazier, Jr. and Robert K Dean Councilman Moss ABSTAINED as he has a financial interest in EXXON in excess of $10,000. December 14, 1993 C ity- ~:f' Vir g i :r1ia Beach JOHN D MOSS COUNCILMAN - AT LARGE (804) 498-0318 4021 GLEN ROAD VIRGINIA BEACH VIRGINIA 23452 January 4, 1994 Mrs. Ruth Hodges Smith, CMC/ AAE CIty Clerk's Office Municipal Center VirginIa Beach, VirgInIa 23456 Re: AbstentIon Pursuant to Section 2.1-639 .14(E), Code of Virginia Dear Mrs. SmIth: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(£), Code of Virginia, I make the followIng declaration: 1. The transaction for which I am executing this written disclosure is the City Council consideration of the application of Tune Up Plus for a conditional use permIt for an automobIle repalf and service establishment on certaIn property located at the northwest corner of Virginia Beach Boulevard and Witchduck Road. The transaction was considered by the Council at its December 14, 1993, meeting. 2. The nature of my interest in the transaction is that Tune Up Plus is leasing the property upon which Its facIlity will be located from the Exxon Corporation, and my wife and I own stock In Exxon. 3. I disclosed this interest at the meetIng on December 14, 1993, and abstained from participatIng in the Council's discussion and vote on the transaction. ---- Mr. Ruth Hodges Smith, CMC/AAE -2- January 4, 1994 Re: Abstention Pursuant to Section 2.1-639.14(£), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of the City Council. Sincerely ~ : J~; ~ . oss Councilmember JDM/ clb -- --- -- - --- - 36 - lWrLllbLU PUBUC HEARING ITEM # 37516 PLANNING Claude F. Lym, 5033 Rouse Drive, Phone: 490- 9264, Engineer, represented the applzcant Upon motion by Councilman Jones, seconded by VIce Mayor Sessoms, City Council ADOPTED an Ordinance upon application of U-HAUL INTERNATIONAL, INC. for a Condltzonal Use Permit. ORDINANCE UPON APPLICATION OF U-HAUL INTERNATIONAL. INC. FOR A CONDITIONAL USE PERMIT FOR A SELF STORAGE FACILITY RO12931865 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicatzon of U-Haul Internatzonal, Inc.. for a Conditional Use Permit for a self storage facility at the northwest corner of VIrginia Beach Boulevard and Lavender Lane. SOld parcel IS located at 4950 VIrginia Beach Boulevard and containS 2.3485 acres BAYSIDE BOROUGH The following conditions shall be required: 1. The hours of operation shall be 7 00 AM to 7 00 PM 2. A Stormwater Management Plan shall be required. 3. The development shall substantially adhere to the submitted rendering on file with the Planning Department 4. The stand of trees on the Northwest corner of the property will be preserved. the storage facility will be relocated Eastward to accommodate the trees 5. Category VI landscaping will be required on the Northwest, North and East side of the storage faczllty. 6. Access will be only from Vzrgima Beach Boulevard as shown on the submitted site plan The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordmance Adopted by the Council of the City of VIrginia Beach, Vlrginza. on the Fourteenth of December. Nineteen I December 14, 1993 - 37 - l1nrLIlL=L.U PUBLIC HEARING ITEM # 37516 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III. James W. Brazzer, Jr, Robert W Clyburn, Louis R. Jones, Paul J. Lantezgne, John D. Moss. Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Willzam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. Robert K Dean December 14, 1993 - 38 - ~ PUBliC HEARING ITEM # 37517 PLANNING Robert Kellam, 2232 Virginia Beach Boulevard, Phone: 340-0828, Kellam -Gerwitz, Agent for London Mews, represented the applicant Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, Czty Council ADOPTED an Ordinance upon application of KELLAM-GERWITZ, Agent for London Mews for a Condztzonal Change of Zoning: ORDINANCE UPON APPLICATION OF KELLAM-GERWITZ, AGENT FOR LONDON MEWS FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-7.5 TO B-2 Z012931402 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEAClf. VIRGINIA Ordinance upon application of Kellam-Gerwztz, agent for London Mews. for a Conditional Change of Zonzng from R- 7.5 Reszdentzal Dzstrzct to B-2 Community Business Distrzct on certain property located on the east side of Great Neck Road begznnzng at a pOInt 144.28 feet south of Rustwood Lane. The proposed zoning classification change to B-2 zs for commercial land use. The Comprehensive Plan recommends use of this parcel for suburban medium density reszdential land use in accordance with other plan policzes. Said parcel contaIns 7,92792 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required' 1. An Agreement encompassIng proffers shall be recorded wzth the Clerk of Circuit Court. The Ordinance shall be effective in accordance with Sectzon 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virgznia Beach, Virginia, on the Fourteenth of December. Nzneteen Hundred and Ninety - ~. December 14, 1993 - 39 - ~ PUBliC HEARING ITEM # 37517 (Continued) PLANNING Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W Brazier. Jr, Robert W Clyburn, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wlllzam D Sessoms. Jr Council Members Voting Nay: None Council Members Absent. Robert K Dean and Louis R. Jones December 14, 1993 - 40- ~ PUBUC HEARING ITEM # 37518 PLANNING The following spoke in SUPPORT of the application: Fred V. Watkins, Jr., Engineer, Phone: 456-9028, represented the applicant Richard J, Ivey, Architect, 6465 College Park Square, #30, Phone' 424-0954, Architect Attorney W. Edward Hudgins, 615 Lynnhaven Parkway, Phone' 463 -1054, represented Margaret Drummond owner of the property. The following spoke in OPPOSITION: Lieutenant Commander Bryan P. Murphy, NAS Oceana, Phone. 499-9188, advIsed the property IS located within AICUZ High Noise Impact Zone 3. A MOTION was made by Vice Mayor Sessoms, seconded by Councilman Branch to ADOPT an Ordinance upon Application of CHURCH OF THE REDEEMER for a Conditional Use Permit for a church on the South side of Shipps Corner Road, 1300 feet more or less East of Holland Road (3101 Shipps Corner Road), containing 12.39 acres (PRINCESS ANNE BOROUGH). A SUBSTITUTE MOTION was made by Councilman Moss, seconded by Council Lady Parker to DENY an Ordinance upon Application of CHURCH OF THE REDEEMER for a Conditzonal Use Permit for a church on the South side of Shipps Corner Road, 1300 feet more or les5' East of Hol/and Road (3101 Shipps Corner Road), containing 12.39 acres (PRINCESS ANNE BOROUGH) ORDINANCE UPON APPLICATION OF CHURCH OF THE REDEEMER FOR A CONDITIONAL USE PERMIT FOR A CHURCH Ordinance upon application of Church of the Redeemer for a Conditzonal Use Permit for a church on the south sIde of Shipps Corner Road, 1300 feet more or less east of Hol/and Road. Said parcel is located at 3101 Shipps Corner Road and contains 12.39 acres PRINCESS ANNE BOROUGH. Voting: 5-5 (MOTION FAILED DUE TO A TIE VOTE) Council Members Voting Aye: James W. Brazier, Jr., Robert W. Clyburn, John D Moss, Mayor Meyera E Oberndorf and Nancy K Parker Council Members Votzng Nay John A. Baum, Linwood O. Branch, III, LouIs R Jones, Paul J Lanteigne and Vice Mayor WIlliam D. Sessoms. Jr. Council Members Absent: Robert K Dean December 14, 1993 - 41 - ~ PUBLIC HEARING ITEM # 37519 PLANNING Tuck Bowie, 1709 Oxen Court, Phone: 340-0322, represented the applicant The City Clerk referenced the letter of Councilman Dean, advising of his absence and requesting DEFERRAL of the application until January 11, 1993. Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Counczl DEFERRED TO THE CITY COUNCIL SESSION OF JANUARY 4, 1993, Ordznances upon applicatLOn of INDIAN RIVER PLANTATION, INC. and INDIAN RIVER COUNTRY CLUB ESTATES, L.P. for Change of Zoning District Classifications. ORDINANCES UPON APPLICATION OF INDIAN RIVER PLANTATION, INe. AND INDIAN RIVER COUNTRY CLUB ESTATES, L P., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-l TO R-20 Ordinance upon application of Indian River Plantation, Inc., and Indian River Country Club Estates, LP., for a Change of Zoning District Classification from AG-l Agrzcultural District to R-20 ResIdentIal District on the following parcels: parcel L: Located 650 feet north of Indian River Road beginning at a point 600 feet more or less west of West Neck Road Parcel 2: Located 1400 feet north of Indian River Road begmmng at a point 1200 feet more or less west of West Neck Road parcel 3: Located 1000 feet north of Indian River Road begmnzng at a point 2100 feet more or less west of West Neck Road. parcel 4: Located 600 feet north of Indian River Road beginnmg at a point 2800 feet more or less west of West Neck Road. Parcel 5: Located 1360 feet north of Indian River Road begmmng at a point 5050 feet more or less west of West Neck Road. The proposed zoning classification change to R - 20 is for single famIly residential use at a density no greater than 1.7 dwelling umts per acre. The Comprehensive Plan recommends use of these parcels for agricultural land use. Said parcels contain 63.3 acres. PRINCESS ANNE BOROUGH AND, December 14, 1993 ~ - 42- PUBUC HEARING PLANNING ITEM # 37519 (Continued) ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC. AND INDIAN RIVER COUNTRY CLUB ESTATES, LP., FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO R-20 Ordinance upon application of Indian River Plantation and Indian Rzver Country Club Estates, LP., for a Change of Zoning Dzstrzct Classification from AG-2 Agricultural District to R-20 Reszdential District on the following parcels. Parcel 1.;.. Located at the northwest intersection of Indzan River Road and West Neck Road. Parcel 2: Located 1200 feet North of Indzan River Road begznning at a point 1650 feet more or less West of West Neck Road. Parcel 3: Located 2880 feet more or less West of the zntersection of Indian River Road and West Neck Road. Parcel 4: Located 680 feet North of Indian Rzver Road begznmng at a point 2750 feet more or less West of West Neck Road Parcel 5: Located 2400 feet more or less North of Indzan Rzver Road beginning at a point 3400 feet more or less West of West Neck Road. ~: Located 1250 feet North of Indzan Rzver Road begznmng at a point 3800 feet more or less West of West Neck Road. parcel 7: Located 1350 feet North of Indian River Road beginning at a point 5320 feet West of West Neck Road The proposed zoning classificatIOn change to R-20 zs for szngle family residential land use at a density no greater than 1 7 dwellzng umts per acre. The Comprehensive Plan recommends use of these parcels for agricultural land use. Said parcels contazn 117 1 acres PRINCESS ANNE BOROUGH. December 14, 1993 - 43 - ~ PUBliC HEARING ITEM # 37519 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay None Council Members Absent: Robert K Dean Item III-J.1.i and III-J.1j. were voted upon together December 14, 1993 - 44- Item ¡O-J.1.i. - PUBUC HEARING ITEM # 37519 (Continued) PLANNING Tuck Bowie, 1709 Oxen Court, Phone: 340-0322, represented the applicant The City Clerk referenced the letter of Councilman Dean, advisIng of his absence and requesting DEFERRAL of the application until January 11, 1993. Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council DEFERRED TO THE CITY COUNCIL SESSION OF JANUARY 4, 1993, the Applications of INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, L.P., ROBERT F. RIPLEY and THOMAS VANCE for a Variance to Section 44(b) of the SubdivisiOn Ordinance which requires lots created by subdivision must meet all requirements of the City Zoning Ordinance, an Ordinances for a Change of Zoning and a Conditional Use Permit. Appeal from Decisions of Administrative Officers m regard to certain elements of the Subdivision Ordinance, Subdivision for Indian River Plantation, Inc., Indian River Country Club Estates, L P., Robert F Ripley and Thomas Vance. Property zs located at the northwest intersection of Indian River Road and West Neck Road PRINCESS ANNE BOROUGH. AND, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, LP., THOMAS VANCE AND ROBERT RIPLEY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-40 TO R-20 Ordinance upon application of Indzan River Plantation, Inc., Indian River Country Club Estates, LP., Thomas Vance and Robert Rzpley for a Change of Zoning District Classification from R-40 Residential Dzstrzct to R - 20 Residential Distrzct on the following parcels parcel l: Located on the north side of Indian River Road beginning at a point 2300 feet more or less west of West Neck Road Parcel 2: Located 1700 feet north of Indian River Road beginning at a point 1150 feet more or less west of West Neck Road parcel 3: Located on the north side of Indian River Rod beginning at a point 5800 feet more or less west of West Neck Road The proposed zoning classification change to R - 20 zs for single family residential land use at a density no greater than 1.7 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for agricultural land use. Sazd parcels contain 98.8 acres PRINCESS ANNE BOROUGH. December 14, 1993 - 45 - ~ PUBLIC HEARING ITEM # 37519 (Continued) PLANNING AND, ORDINANCE UPON APPLICATION OF INDIAN RIVER PLANTATION, INC., INDIAN RIVER COUNTRY CLUB ESTATES, L P.. ROBERT F. RIPLEY AND THOMAS VANCE FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION Ordinance upon application of Indian River Plantatzon, Inc, Indzan River Country Club Estates, L P., Robert F Ripley and Thomas Vance for a Conditional Use Permit for an Open Space Promotion on certain property located at the northwest intersection of Indian River Road and West Neck Road. Said parcel contains 2792 acres PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Bawn, Lznwood o. Branch, III. James W Brazier, Jr, Robert W. Clyburn, Louis R. Jones, Paul J. Lan telgn e, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D Sessoms, Jr. Council Members Voting Nay. Council Members Absent. Robert K Dean Items III-}.1.i. and III-}.lj. were voted upon together. December 14, 1993 - 46 - ~ APPOINTMENTS ITEM # 37520 Upon NOMINATION by VIce Mayor Sessoms, City Council APPOINTED PARKS & RECREATION COMMISSION James H. Sellers Lynnhaven Borough Unexpired Term thru 08/31/94 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R Jones, Paul J Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 - 47 - ~ AP PO INTMENTS ITEM # 37521 Upon NOMINATION by VIce Mayor Sessoms, CIty Council: PLANNING COMMISSION APPOINTED: Adabelle S. Riddick Blackwater Borough AND REAPPOINTED: E. L. Cockrell, Jr. At Large Barbara J. Ferguson Princess Anne Borough 4 Year Terms 01/01/94 - 12/31/97 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazzer, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Wzllzam D. Sessoms, Jr Council Members Voting Nay: None Council Members Absent. Robert K Dean December 14, 1993 - 48- I1m1..lII.=..lU APPOINTMENTS ITEM # 37522 Upon NOMINATION by VIce Mayor Sessoms, City Council: VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION APPOINTED: James N. Banks Scott P. Folck Henry L. Livas, Jr. REAPPOINTED: William J. Fanney 4 Year Terms 01/01/94 - 12/31/97 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor Willzam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 - 49 - ~ APPOINTMENTS ITEM # 37523 Upon motion by VIce Mayor Sessoms, City Council CONFIRMED the following Appomtments. VIRGINIA BEACH FOUNDATION, INC. Dr. Edward E. Brickell Major Area Banks 01/01/94 - 12/31/98 Andrew S. Fine VIrginia Beach Circuit Court 01/01/93 - 12/31/97 Harry B. Price US District - Eastern District of VIrginia Norfolk Division 01/01/93 - 12/31/97 Ulysses Van Spiva Board of Directors 01/01/94 - 12/31/98 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wzllzam D Sessoms, Jr Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 - 50- ~ APPOINTMENTS ITEM # 37524 ADD-ON Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED: Ordinance to AMEND previous Ordinance to change the composition of the FRANCIS LAND HOUSE BOARD OF GOVERNORS to eleven (11) members to be appointed by City Council, with staggered terms, and, authorize the Board of Governors to select up to twenty-two (22) Directors. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W Brazier, Jr, Robert W Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wlllzam D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 - 51 - ~ APPOINTMENTS ITEM # 37525 ADD-ON Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: FRANCIS LAND HOUSE BOARD OF GOVERNORS Robert H. Callis, Jr. Judith K. Connors Gary Forrest Joseph J. Owens 3 Year Terms 01/01/94 - 12/31/96 Mary L. Edmundson Glenda H. Knowles Nonie W. Waller 2 Year Terms 01/01/94 - 12/31/95 Johnnie L. Miller James A. Stick J. Robert Stiffler Fielding L. Tyler 1 Year Term 01/01/94 - 12/31/94 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D Sessoms, Jr Council Members Voting Nay: None Council Members Absent: Robert K Dean December 14, 1993 - 52- ~ APPOINTMENTS ITEM # 37526 BY CONSENSUS, City Council RESCHEDULED the followmg APPOINTMENTS: HISTORICAL REVIEW BOARD December 14, 1993 - 53 - ~ NEW BUSINESS ITEM # 37527 COUNCIL-SPONSORED ITEMS Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in SUPPORT of the Resolution. Upon motion by Councilman Moss, seconded by Vzce Mayor Sessoms, City Council ADOPTED: Resolution requesting the General Assembly enact legislation requiring the Commonwealth Transportation Board and the VIrginia Department of Transportation (VDOT) exclude self-supporting toll roads from the State Noise Abatement Policy. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vzce Mayor Willzam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr. and Robert K Dean December 14, 1993 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 REQUESTED BY MAYOR MEYERA E. OBERNDORF 1 2 3 4 5 6 A RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO ENACT LEGISLATION REQUIRING THE COMMONWEALTH TRANSPORTATION BOARD AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO EXCLUDE SELF-SUPPORTING TOLL ROADS FROM THE STATE NOISE ABATEMENT POLICY 7 under Noise Abatement Policy the State WHEREAS, 8 (hereinafter referred to as the Policy) effect, in currently 9 localities are required, on all non-federal aid road projects, to pay fifty per cent (50%) of the cost of noise abatement measures and to have in effect an ordinance requiring developers to provide noise abatement measures for all new residential and other noise- sensitive developments adj acent to existing highways or known future highway corridors; WHEREAS, according of Virginia to the Department Transportation (VDOT) , the Policy applies to highways which are self-supporting through the collection of tolls as well as to other highways; WHEREAS, the Policy does not allow VDOT funding of noise abatement along are Route unless such 44 measures measures installed conjunction with an ongoing highway improvement in project; and WHEREAS, Route 44 is fully self-supporting through the collection of tolls, such that it provides a source of State funding of noise abatement measures; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the General Assembly be, and hereby is, requested to enact appropriate legislation Commonwealth requiring the Transportation Board and the Virginia Department of Transportation to exclude from the State Noise Abatement Policy highways which are self-supporting through the collection of tolls and to allow noise 33 34 35 36 37 38 39 40 abatement measures on such highways, including existing highways, to be funded through the collection of tolls. the 14 Adopted by the Council of the City of Virginia Beach on December day of CA-93-5379 \wmordres\vdot.res R-1 11-26-93 , 1993. ~~............. "'1 ¡, j. { .' " , I ¡. , Ar-.n;"\l'\"~;.r~' i\': /r~ ~.F...."":.~-, -,-" . . ." ., - ,.. , i¡~;tlÞ¿, ,;; T.",,"-"'" ......,..a Z'=an.""'."".:- "'tT - . ...., 2 - 54 - ~ NEW BUSINESS ITEM # 37528 COUNCIL-SPONSORED ITEMS The following spoke in OPPOSITION to the Ordinance: Joe Gianascoli, Chairman of the Board - Vlrignia Beach Events Unlimited. Jimmy Capps, Owner - The Breakers Sarah Orth, Oceans One, Atlantic Avenue, Michael Barrett, CEO - Runnymede CorporatIOn, Senator Clarence Holland A motion was made by Councilman Branch, seconded by Councilman Lanteigne to ADOPT Ordinance authorizing and directing the City Manager adjust the term of the City's Agreement with Virginia Beach Events Unlimited, Inc.; develop and issue a Request for Proposal (RFP) re entertainment/events program in the Resort Area; establish a Committee to review the proposals submitted in response to the RFP and make recommendation for the selection of a contractor for the Program. Upon SUBSTITUTE MOTION by Councilman Baum, seconded by Councilman Moss, City Council: VOTED TO EXTEND the current contract with Virginia Beach Events Unlimited, Inc. thru June 30, 1994, as originally intended. A Request for Proposal (RFP) will be issued July 1, 1994; bids received by October 31; and, selection by December 31, 1994. Voting: 6-3 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Louzs R. Jones, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: Linwood O. Branch, III, James W. Brazier, Jr. and Paul J. Lanteigne Council Members Abstammg: VIce Mayor Willzam D. Sessoms, Jr. Council Members Absent: Robert K Dean VIce Mayor Sessoms DISCLOSED pursuant to Section 2.1-63914(G) of the Code of Vzrginia, and ABSTAINED as he is an ad hoc member of the Board of Directors of Vzrignia Beach Events Unlimited, Inc. VIce Mayor Sessoms's letter of December 14, 1993, zs hereby made a part of the record December 14, 1993 City- e>f Virgi:rìia Beach WILLIAM 0 SESSOMS JR VICE MAYOR 809 GREEN TREE ARCH VIRGINIA BEACH VIRGINIA 23451 (804) 455-5732 December 14, 1993 Mrs. Ruth Hodges Smith, CMC/ AAE City Clerk's Office Municipal Center Virginia Beach, V A 23456 Re: Abstention Pursuant to Section 2.1-639.14(£), Code of Virginia Dear Mrs. Smith : Pursuant to the Virginia Conflict of Interests Act, § 2.1-639. 14(E), Code of Virginia, I make the following declaration: 1. The transaction for which I am executing this written disclosure is the City Council consideration of an ordinance authorizing and directing the City Manager to adjust the tenn of the City's agreement with Virginia Beach Events Unlimited, Inc. 2. The nature of my interest in the ordinance is that I am an ad hoc member of the Board of Directors of Virginia Beach Events Unlimited, Inc. 3. Although the City Attorney has advised me that I am not required to disclose this interest as it does not meet the criteria of a personal interest in the transaction under the Conflict of Interests Act, I wish to disclose this interest and abstain from participating in this transaction. Mrs. Ruth Hodges Smith -2- December 14, 1993 Re: Abstention Pursuant to Section 2. 1-639. 14(E), Code of Virginia Accordingly, I respectfully request that you record this declaration in the official records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City Attorney, which addresses this same matter. Thank you for your assistance and cooperation in this matter. Sincerely, r /cJdJ/ /' William D. Sessoms, r. V ice-Mayor WDS,Jr./clb Enclosure City- e>f" VTi1-giJ ~i£~ I 3c£ ~C 1-1 LESLIE L LILLEY CITY AI lor~NEY MIINICIf'I\I n:Nlr n VIIHoIt-JIAIHACH V/i'1j1r,G<()O1 (801) 427 1'>31 fAX (801) ,1;:>6 56R7 December 14, 1993 Vice-Mayor William D. Sessoms, Jr. Municipal Center Virginia Beach, V A 23456 Re: Conflict of Interests Opinion Dear Vice-Mayor Sessoms: I am writing in response to your request for an opinion regarding your ability to participate in the Council discussion and vote on an ordinance authorizing and directing the City Manager to adjust .the term of the City's agreement wIth VIrginia Beach Events Unlimited, Inc. The ordinance is scheduled for the December 14, 1993, nleeting of the Council. Summary ¡Conclusion: From my review of the Conflict of Interests Act and the information provided by you as referenced below, I am of the opinion that you do not have a personal interest in the transaction of the Virginia Beach City Council concerning an ordinance authorizing and the City Manager to adjust the tenn of the City's agreement with Virginia Beach Events Unlimited, Inc. Thus, yollare pennitted to participate in this Inatter without restriction. For your infonnation, I have outlined the disclosure requirements of Section 2.1-639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in Section 2.1-639 .14(E), should you choose not to vote. I base the aforesaid conclusions on the following facts which you have presented. Please review and verify the accuracy of the facts as set forth as you may only rely upon this opinion if they are correct and complete. Vice-Mayor William D. Sessoms, Jr. -2- December 14, 1993 Re: Conflict of Interests Opinion Facts presented.l Your request for an advisory opinion is generated by the Council's consideration of an ordinance authorizing and directing the City Manager to adjust the term of the City's agreement with Virginia Beach Events Unlimited, Inc. You have advised that your concern, and reason for requesting this opinion, is that you are an ad hoc member of the Board of Directors of Virginia Beach Events Unlimited, Inc. You have further advised that you receive no salary or other compensation from Virginia Beach Events Unlimited, Inc., own no equity in Virginia Beach Events Unlimited, Inc., and do not assume any liability on behalf of Virginia Beach Events Unlimited, Inc. Issue: Are you precluded from participating in Council's consideration of an ordinance authorizing and directing the City Manager to adjust the term of the City's agreement with Virginia Beach Events Unlimited, Inc.? Discussion: I. Applicable Definitions of Section 2.1-639.1. A. City Council is a governmental agency, as it is a legislative branch of local government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict of Interests Act. B. You are an officer within the meanIng of § 2.1-639.2 of the above-referenced Act. C. Council consideration of the aforementioned ordinance is a II transaction II as defined by the Act. A transaction includes any matters considered by any governmental agency on which official action is taken or contemplated. D. IIPersonal interest" is defined in § 2.1-639.2 as a financial benefit of liability which accrues to an officer, employee, or to an immediate family member. The interest exists by reason of one of five categories specified therein as: 1) ownership in a business if the ownership interest exceeds 3 % of the total equity of the business; 2) annual income from ownership in real or personal property or a business in excess of $10,000.00; 3) salary from the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of real or personal property when the Interest exceeds $10,000.00 in value, Vice-Mayor William D. Sessoms, Jr. -3- December 14, 1993 Re: Conflict of Interests Opll1l0n exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed on behalf of a business which exceeds 3 % of the asset value of the business. E. A "personal interest in the transaction" exists when an officer or employee or a member of his immediate family has a personal interest in property or a business or represents any individual or business and such property, business or represented individual (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as the result of the agency considering the transaction. II. Application of Definitions A. Personal Interest A personal interest exists by reason of one of five specified categories, as noted above in the defmition of "personal interest". Specifically, my review of those categories and the facts presented indicate that with respect to Virginia Beach Events Unlimited, Inc., a non- stock corporation: you do not own affected real or personal property which interest exceeds $10,000 in value; nor do you have any personal liability incurred or assumed on behalf of the corporation. Therefore, I conclude that you do not have a personal interest in Virginia Beach Events Unlimited, Inc., as defined by the Conflict of Interests Act. I lThree opinions of the Attorney General dealing with directors or board members are of relevance: President of a Virginia Community College who serves on the advisory board of directs of a private bank and who receives $800 annually from the bank for his services is not required to disqualify himself from transactions involving the college because he does not have a personal interest in the bank. CO! Adv. Ope No. 46 (1984). A member of a local board of supervisors who also serves as a nonpaid director of a county community action agency is not required by the Act to disqualify himself from the board's consideration of the agency's funding request absent the member having a financial interest in the agency. CO! Adv. Ope No. 81 (1986). By definition, a sanitation commission member who also serves as chairman of a county service authority and who does not receive in excess of $10,000 from both the commission and the authority does not have a "personal interest" in either body and, thus, need not disqualify hImself from participating in a transaction involving both bodies. eOI Adv. Ope No. 76 (1986). See also § 13.1-814 which provides that no dividend shall be paid and no part of the income of a non-stock corporation shall be distributed to its members, dIrectors or officers. Vice-Mayor William D. Sessoms, Jr. -4- December 14, 1993 Re: Conflict of Interests Opinion B. Personal Interest in the Transaction You do not have a Itpersonal interest It, as defined above; therefore, you cannot have a "personal interest in the transaction It under the definition of the Act. ill. Disclosure Requirements Based on the fact that you do not have a personal interest in an ordinance authorizing and directing the City Manager to adjust the term of the City's agreement with Virginia Beach Events Unlimited, Inc., it is my opinion that you are able to participate in City Council's discussion and vote on the ordInance without restriction. Consequently, there is no disclosure requirement. 118 118 118 The Conflict of Interests Act deals with the types of influences upon a public officer's Judgment which are clearly improper. The law does not, however, protect against all appearance of improper influence. In that regard, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which would affect the confidence of the public in the officer's ability to be impartial. I have opined that you may participate in the transaction without restriction. However, if you are concerned that participatIng in the transaction could create an unacceptable appearance, there are two options available to you which may diffuse any perception problems that may arise: 1. You may either disclose the facts as presented herein and proceed to vote as to this transaction; or 2. You may abstain from voting and disclose any interest. Should you decide to declare your interest and vote, a proposed disclosure letter which complies with § 2.1-639.14(G) is enclosed for your convenience. Should you decide, in the alternative to declare your interest and abstain, a proposed disclosure letter which complies with § 2.1-639 . 14(E) is also enclosed. You may either make the declaration orally, which will be recorded in the written minutes of the City Council, or you may file a signed written declaration with the Clerk of the CIty Council, who shall retain and make the declaration available for public inspection for a period of five years from the date of recording or receipt. - - -- - - î--- ---- -- Vice-Mayor William D. Sessoms, Jr. -5- December 14, 1993 Re: Conflict of Interests Opinion Please contact me should you desire any additional information. Very truly yours, ~l:5(Jj12~ Leslie L. Lilley ~ City Attorney LLL/RMB/dmc Enclosure ------ - 55- ~ NEW BUSINESS ITEM # 37528 COUNCIL-SPONSORED ITEMS Wally Erb, 150 Cayuga Road, Phone: 497- 7451, registered in SUPPORT. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered lfl OPPOSITION. Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessoms, Clty Council ADOPTED: Ordinance to AMEND and REORDAIN Ordinance No 93 -2222/ re establish alternative personal property tax levy rate for one (1) motor vehicle owned by a qualified elderly or disabled person This Ordinance shall not be constrained by Resolution R92-02130 ADOPTED by the Council of the City of Virginia Beach, Virginia on November 3, 1992. Voting: 5-4 Council Members Voting Aye: James W. Brazier, Jr, Robert W Clyburn, Paul J. Lantelgne, Mayor Meyera E. Oberndorf and Vice Mayor Willlam D Sessoms, Jr. Council Members Voting Nay: John A. Baum, Louis R. Jones, John D Moss and Nancy K Parker Council Members Absent: Linwood O. Branch, III and Robert K. Dean December 14, 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 Requested by Councilmember Paul J. Lanteigne 1 2 3 4 5 6 AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 93-2222I BY ESTABLISHING AN ALTERNATIVE PERSONAL PROPERTY TAX LEVY RATE FOR ONE MOTOR VEHICLE OWNED BY A QUALIFIED ELDERLY OR DISABLED PERSON 7 WHEREAS, by ordinance adopted May 11,1993 (Ordinance No. 93- 2222I), City Council established the tax levy on personal property 8 9 and machinery and tools for the calendar year 1994; and WHEREAS, pursuant to section 58.1-3506.1 of the Code of Virginia (1950), as amended, City Council desires to amend that ordinance to provide for an alternative personal property tax levy rate on one motor vehicle owned by a qualified elderly or disabled person. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Ordinance No. 93-2222I which was adopted by City Council on May 11, 1993, and which is attached hereto as Exhibit "A", is hereby amended and reordained by adding a new section 15A to read as follows: ~ VEHICLE OWNED AND USED PRIMAR -FIVE YEARS OF AGE OR ANYONE FOUND 1li. In accordance wttn Sections 5~-3506.1 et sea. o~ Code 0 be a reduced tax ended .J.evy rate oL..t}1ree d,QlJ.ars ~ . 00) on eacþ one þund~ars liJOO.OO~f assessed va~on on one OJ motor vehigJe owneq anq useq primar~v or for anyone a~eas~xty-{Jve years of age or a as defined i Section 5~506.3~e Code of VU:ginj.a (J.950). as amend~ sub ect to the s. k ~he total com~income receiveq. exclYQjnq the ~t $7.500 o~ncome. from ~ sources d~ng ca¡enqar year ¡993 t þy the owner of.-tþe ~ veb.J&J.e shAll not exceeq twenty-two ~housand~ars ($22.000~ 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 ~ , includin the present value of aU equ~terests. as oL.December 3-1-2.f. calendar residence ~he lanq. not exceeq!ng one acre. upon w~s situated~ shall not exceed s 70 000 . h s sha be compu~by aagreqatjna ~ncome and assets. as ~he case may ~ of a and sha be dwe a oed to bene °t of ,t.he ~ferent~tax permitteq tbj.s ordJnance. :tA.. t e unqer jrrespectjve o~w such motor ve~e may be t~tled~ ßù. ~nv such motor ve~e owne~bv a ~banq an~e may is in subsection Adopted by the Council of the City of Virginia Beach, Virginia on the day of December , 1993. 14th CA-5383 \ORDIN\NONCODE\ALTERNATIVE.ORD R-l PREPARED: November 30, 1993 2 ---~~ -~- ---~-~-- 10 11 12 13 15 16 17 18 19 20 21 22 23 25 26 27 IIExhibit All 0 R D - Ð 3 - 2 2 2 2): 1 2 3 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 1994. 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY. 5 6 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia (1950), as amended, there 7 shall be levied and collected for general purposes for the calendar year 1994, taxes on all tangible 8 personal property, not exempt from taxation and not otherwise provided for in this Ordinance, at the 9 rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) assessed valuation thereof In accordance with Section 58.1-3504 for the Code of Virginia (1950), as amended, certain household goods and personal effects as defined therein shall be exempt from taxation. Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PROPERTY USED AS MOBilE HOMES. In accordance with Section 58.1-3506 (A) (8) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1994 taxes on all vehicles without motor power used or designated to be used as mobile homes, at the rate of one dollar and fourteen cents ($1.14) on each one hundred dollars ($100) of assessed valuation thereof. Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT WEIGHING FIVE TONS OR MORE In accordance with section 58 1-3506 (A)(1) of the Code of Virginia (1950). as amended, there shall be levied and collected for general purposes for the calendar year 1994 taxes on all boats or watercraft weighing five tons or more at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof. Section 4. AMOUNT OF lEVY ON .CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES. CLASSIFIED AS TANGIBLE PERSONAL PROPERTY. In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there 28 shall be levied and collected for general purposes for the calendar year 1994 taxes on all tangible 29 personal property certified by the Commonwealth of Virginia as .Certlfied Pollution Control Equipment 30 and Facilities. not exempt from taxation, at the rate of three dollars and eighty cents ($3.80) on each 31 one hundred dollars ($100) of assessed valuation thereof. , 32 33 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 56 57 58 59 60 61 62 63 64 Section 5. TAX EXEMPTION FOR FARM MACHINERY AND IMPLEMENTS, FARM TOOLS. AND FARM LIVESTOCK INCLUDING ALL HORSES. POULTRY. AND GRAINS AND FEEDS USED FOR THE NURTURE OF FARM LIVESTOCK AND POULTRY. In accordance with Section 58.1-3505 (B) of the Code of Virginia (1950), as amended, all farm machinery and implements, farm tools, and farm livestock, including all horses, poultry, and grains and feeds used for the nurture of farm livestock and poultry, are exempt from personal property taxation. Section 6. AMOUNT OF lEVY ON MACHINERY AND TOOLS In accordance with Section 58 1-3507 of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1994 taxes on machinery and tools, not exempt from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof. Section 7. AMOUNT OF lEVY ON AIRCRAFT. In accordance with Section 58 1-3506 (A)(2,3) of the Code of Virginia (1950). as amended, there shall be levied and collected for general purposes for the calendar year 1994 taxes on all aircraft at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 8. AMOUNT OF lEVY ON ANTIQUE AUTOMOBilES. In accordance with Section 58.1-3506 (A)(4) of the Code of Virginia (1950). as amended, there shall be levied and collected for general purposes for the calendar year 1994 taxes on all antique automobiles at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT. In accordance with Section 58.1-3506 (A) (6) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1994 taxes on all heavy construction equipment at the rate of three dollars and eighty cents ($3 80) on each one hundred dollars ($100) of assessed valuation tllereof. Section 10. AMOUNT OF lEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE . PERSONAL PROPERTY In accordance with Section 58.1-3506 (A)(5) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1994 taxes on all research and development tangible personal property, not exempt from taxation, at the rate of one dollar ($1) on each one hundred dollars ($100) of assessed valuation thereof. ---- 1 65 67 68 69 70 71 72 73 74 75 76 II 78 79 80 81 82 83 84 85 86 88 89 90 91 92 93 94 95 96 97 99 Section 11. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT. .... , In accordance with Section 58.1-3506 (A)(7) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1994 taxes on all energy conversion equipment at the rate of one dollar ($1 ) on each one hundred dollars ($100) of assessed valuation thereof. Section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE. In accordance with Section 58.1-3506 (A)(9) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1994 taxes on all computer hardware used by businesses primarily engaged In providing data processing services to other nonrelated or nonaffiliated businesses, not exempt from taxation, at the rate of three dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof. Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT USED FOR RECREATIONAL PURPOSES ONLY. In accordance with Section 58.1-3506 (A)(10) of the Code of Virginia (1950). as amended, there shall be levied and collected for general purposes for the calendar year 1994 taxes on all privately owned pleasure boats and watercraft use for recreational purposes only, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof. Section 14. AMOUNT OF LEVY ON PRIVATELY OWNED CAMPING TRAILERS AND MOTOR HOMES USED FOR RECREATIONAL PURPOSES ONLY. In accordance with Section 58.1-3506 (A)(15) of the Code of Virginia (1950), as amended, there shall be levied and collected for general purposes for the calendar year 1994 taxes on all privately owned camping trailers and motor homes as defined In Section 46.2-100 of the Code of Virginia (1950), which are used for recreational purposes only, at the rate of one dollar and fifty cents ($1 50) on each one hundred dollars ($100) of assessed valuation thereof. Section 15. AMOUNT OF LEVY ON ONE MOTOR VEHICLE OWNED AND REGULARLY USED BY A DISABLED VETERAN. In accordance with Section 58.1-3506(A) (16) of the Code of Virginia (1950), as amended, there shall be a reduced tax levy rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation on one (1) motor vehicle owned and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who IS blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles In addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the rate or rates applicable to that class of property. In order to qualify, the veteran shall provide a written statement to the Commissioner of Revenue from the Department of Veterans' Affairs that the veteran has been so designated or classified by the Department of Veterans' 100 102 103 104 105 106 107 108 109 110 111 112 113 114 Affairs as to meet the requirements of Section 58.1-3506(A) (16), and that his disability Is service connected. For purposes of this ordinance, a person is blind if he meets the provisions of Section 46.2-739 of the Code of Virginia (1950), as amended. Section 16. ASSESSED VALUE DETERMINATION. In accordance with Section 58.1-3103 of the Code of Virginia (1950), as amended, personal property mentioned in the above sections shall be assessed at actual fair market value, to be determined by the Commissioner of Revenue for the City of Virginia Beach. Section 17. CONSTITUTIONALITY. That If any part of parts, section or sectIons, sentences, clause, or phrase of this ordinance is for any reason declared to be unconstitutional or Invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 18. EFFECTIVE DATE. This ordinance shall be In effect January 1, 1994. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 th day of May, 1993. F :\94BUDGE1\DOCU M E NT\ORDFINAL U:!¡J5 - 56 - ~ NEW BUSINESS ITEM # 37529 COUNCIL-SPONSORED ITEMS The following spoke in SUPPORT of the Ordinance: James M. Pendergast, 5376 Club House Road, Phone: 490-4753 Tom Fraim, 2461 Sandfiddler Road, Phone: 721-3366 The following spoke in OPPOSITION to the Ordinance. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Maxine C. Graham, 3057 South SandpIper Road, Phone: 721-3000 Upon motion by Councilman Lanteigne, seconded by Councilman Jones, City Council J4DOPTED, as AMENDED * : Ordinance authorizing the City Manager convey to the Commonwealth of Virginia all right, title and interest of the City of Virglma Beach to property in the Sandbridge area subject to agreement by the Commonwealth to become the exclusIve local sponsor re cost-shared federal beach nourishment or hurricane protection project for the Sandbridge area. *The word "some" shall be inserted on line 20 after the word "WHEREAS" and before the verbIage" property owners of Sandbrzdge desire.. " on Councilman Moss's amended version. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W BrazIer, Jr, Robert W Clyburn, Louis R. Jones, Paul J. LanteIgne, John D Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor Wilham D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert K Dean This item was MOVED FORWARD prior to Item III-M.1.b. (Virgima Beach Events UnlimIted, Inc.) December 14, 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 6 7 8 AN ORDINANCE AGREEING TO CONVEY TO THE COMMONWEALTH OF VIRGINIA ALL RIGHT, TITLE AND INTEREST OF THE CITY OF VIRGINIA BEACH TO PROPERTY IN THE SANDBRIDGE AREA SUBJECT TO AGREEMENT BY THE COMMONWEALTH TO BECOME THE EXCLUSIVE LOCAL SPONSOR FOR A COST-SHARED FEDERAL BEACH NOURISHMENT OR HURRICANE PROTECTION PROJECT FOR THE SANDBRIDGE AREA 9 WHEREAS, erosion beach continues reestablish the to westwardly in the Sandbridge area; WHEREAS, this oceanfront erosion severely threatens homes; WHEREAS, Sandbridge's land and buildings represent a major segment of property holder's financial portfolioa; and WHEREAS, some property owners of Sandbridge desire a commitment from the Commonwealth to assist in protecting and maintaining these resources by agreeing to act as the sponsor for a cost-shared federal beach nourishment or hurricane protection project for the Sandbridge area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That upon agreement of the Commonwealth of Virginia to serve as an exclusive local sponsor, without cost participation by the City a of Virginia Beach, for cost-shared federal beach nourishment or hurricane protection project for the Sandbridge area, and upon approval, appropriation of funding, and adequate assurance of construction of such project, the City Manager shall have the authority the quitclaim release, and to vacate, to Commonwealth of Virginia, for public recreation use, all right, title, and interest of the City of Virginia Beach to certain property located in the Sandbridge beach area situate in the City of Virginia Beach as described and more particularly identified in Exhibit A, which is attached hereto and incorporated by reference herein. 35 36 37 38 39 40 41 42 43 44 45 46 BE IT FURTHER ORDAINED: That the City Clerk is hereby directed to provide a certified copy of this ordinance to one or more members of the city's local delegation to the Virginia General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of December 14 , 1993. Adoption of this Ordinance requires nine (9) affirmative votes. CA-5364 NONCODE\Sand.Ord R-3 12/15/93 2 - --- ------ A. B. c. D. E. Exhibit "All ~ ~ 2434 05 5305 4.38 Ac. North Beachfront Parcel Area Sec 1 2434 11 6996 13.5 Ac. Beachfront Parcel 2434 11 6589 1.4 Ac. Residue Parcel 2434 11 7352 .5051 Ac. Sec 1 Lot C 2434 11 8063 2.53 Ac. Sec 1 Tract B Lot B-1 F. 2434 11 5201 .5599 Ac. See 1 Lot C G. 2434 10 6901 2.15 Ac. Parcel pt Area B-3 Sec 1 , Lot B-1 Tract B H. 2434 20 1692 20.8 Ac. Tract B See 1 Beachfront Parcel I. 2433 36 7079 6.9 Ac. Beachfront Parcel J. 2432 72 6712 123.47 Ac. Little Island Rec Area -- ----- - 57- ~ NEW BUSINESS ITEM # 37530 ADD-ON Assistant City Attorney Gary Fentress advised the Staff did meet with Attorney W Edward Hudgins representing Margaret Drummond, owner of the property involved in the AppllcatlOn of CHURCH OF THE REDEEMER for a Conditional Use Permit. concerning opportUnItIes avaIlable to attempt to relIeve some of the tax burden. However, there is a statute of limitations to correct roll-back assessments The roll back occurred in June 1990. Therefore, the roll back could not be elIminated If City Council could declare void the Ordinance rezoning the property In 1990, there could be tax relief as a result of adjusting evaluation from commercIal to agricultural values Mrs. Drummond mIght also be able to requalify for land use assessment. J erald Banagan, Real Estate Assessor, advised there were two rezonzngs on the property In 1988 and 1990. If both Ordinances were rescinded, Mrs. Drummond would receive a refund of approximately $20,000 to $25.000. A wriUen report wIll be distributed to City Council. This Item wIll be SCHEDULED for a future CIty Council Session. December 14, 1993 - 58- ~ ADJOURNMENT ITEM # 37531 Upon motion by Councilman Bawn and BY CONSENSUS, City Council ADJOURNED at 7:05 P.M. (J)~_¡l.H~____- Beverly O. Hooks, CMC Chief Deputy City Clerk ~t?~~-'"'-~--- Ruth Hodges Smith, CMC/AAE City Clerk -------------------------- Meyera E Oberlldorf Mayor City of Virginia Beach Virginia December 14, 1993