The URL can be used to link to this page

JANUARY 11, 1994 MINUTES CITY COUNCIL City c>f' Virgir~i.n. 13cac rî "WORLD'S LARGEST RESORT CITY" MAYOR MEYERA E. OBERNooRE, MIA.,. VICE MAYOR WIWAM O. SESSOMS, jK, h.IA.,. JOHN A BAUM. BI~'wom _w,h UNWOOD D. BRANCH 11/, V,."",, &~, &ow,h jA~ES W BRAZIER, jR, C,",""" &roo,h ROBERT W CLYBURN, K=pruol/, &roo,h ROBERT K. DEAN, h",= Aom &owg' WUISKjONES, Boy"'" &"0" PAULI lANTEIGNE, ""'go _ogh jOHN" MOSS, h.IA." NANCY K PARKER, h.IA-" jAMES K SPORE, C'ry M,",go LESLIE C. UU.EY, C"yh~"~ RUTII HODGES 8MITIII CMC ¡ AAE, Gry CI,,' CITY COUNCIL AGENDA '" CITY IIML IHHUHN(; MUNIClPMCEN;F/i VI",INIAI3IAlU V/N'.IN/A'."".""'", JANUARY 11, 1994 I. CITY MANAGER'S BRIEFINGS - Council Chamber - 11:00 AM A. B. REGIONAL MATERIALS RECOVERY FACILITY Sponsored by Councilman Robert K. Dean WASTE FLOW CONTROL Durwood Curling. Southeastern Public Service Authority of Virginia II. INFORMAL SESSION - Council Chamber - 12:30 PM A. III. A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION FORMAL SESSION - Council Chamber - 2:00 PM CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Father William Dale Church of the Ascension C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS January 4, 1994 G. H. RESOLUTION/ORDINANCES 1. Resolution to REPEAL Resolution No. R-92-02130, adopted by City Council November 22, 1992, re financing new initiatives or programs involving City services. (Sponsored by Council Members Moss and Parker) 2. Ordinance to AMEND and REORDAIN Ordinance No. 93-22221, adopted by City Council May 11,1993, reducing by ten percent (10%), personal property taxes on certified pollution control equipment and facilities, machinery and tools, heavy construction equipment, research and development business tangible property and certain computer hardware. (Sponsored by Council Members Dean, Moss and Parker) 3. Ordinance to AMEND Ordinance No. 93-22221, adopted by City Council May 11, 1993, reducing the tax levy on tangible personal property for the Calendar Year 1995. (Sponsored by Council Members Dean, Moss and Parker) CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. Ordinance to AMEND and REORDAIN Section 2-77 of the Code of the City of Virginia Beach, Virginia, re appointments and duties of Deputy City Clerks. 2. Ordinance to authorize acquisition of property in fee simple for right-of-way for Harbour Point Road Extended (CIP 2-218) and acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation (LYNNHAVEN BOROUGH). 3. Ordinance to APPROPRIATE $30,136 from the General Fund Reserve for Contingencies to the budget of the Commissioner of Revenue; and, authorize three (3) additional full- time permanent positions for his office to administer the Reduced Personal Property Tax Program. 4. Ordinance to ACCEPT and APPROPRIATE a $15,000 grant from the Virginia Department of Environmental Quality to the Department of Planning re Elizabeth River Interpretive Path and Canoe Trail development; and, TRANSFER $15,000 cash match from the FY 1993-1994 General Fund Reserve for Contingencies - Environmental. 5. Ordinance authorizing a temporary encroachment into a portion of the right-of-way of Southern Boulevard to Capitol Industries, Inc. re construction and maintenance of parking facilities, sidewalk, dumpster pad, lighting fixtures and landscaping (BAYS IDE BOROUGH). 6. Ordinance, upon SECOND READING, establishing Pembroke Area Regional BMP-Phase 1, as Capital Project #2-223, that the project be funded by a TRANSFER of $1-Million from the General Fund balance to the Economic Development Investment Program (EDIP) (Project #2-141); and, by a subsequent TRANSFER of $1.3-Million from EDIP (Project #2-141) to the Pembroke Area Regional BMP-Phase 1 (Project #2-223). I. PUBUC HEARING 1. J. APPOINTMENT PLANNING a. Application of EMILY OUTLAW for a Change of Zoning District Classification from A-12 Apartment District to R-20 Residential District on the South side of Americus Avenue, 841.28 feet West of North Birdneck Road (1145 Americus Avenue), containing 21,614 square feet (L YNNHAVEN BOROUGH). Recommendation: APPROVAL b. Application of GRACE BIBLE CHURCH for a Conditional Use Permit for a church on the Southeast corner of Shore Drive and Seashell Road (2943-2961 Shore Drive), containing 2.079 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL c. Application of EXXON CORPORATION for a Conditional Use Permit for an automobile service station/car wash on the Southeast corner of Virginia Beach Boulevard and Rosemont Road (3657 Virginia Beach Boulevard), containing 2.587 acres (L YNNHAVEN BOROUGH). Recommendation: APPROVAL d. Application of CENTRO EVANGEUSTICO HISPANO for a Conditional Use Permit for a ~ on the East side of Kempsville Road, 78 feet more or less South of Bonneydale Road (1308 Kempsville Road), containing 1.083 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL e. Application of GRAYSON M. WHITEHURST, JR. for a Conditional Use Permit for a borrow pit (landfill) on the East side of Oceana Boulevard, 1000 feet more or less South of Norfolk & Southern Railroad right-of-way, containing 45 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL f. Application of LEWIS K. KESSER for a ~ to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance re property at the Northeast extremity of Paca Lane (BAYSIDE BOROUGH). Recommendation: APPROVAL g. Ordinance to AMEND and REORDAIN Section 1001 (a) of the City Zoning Ordinance re use regulations. Recommendation: APPROVAL PERSONNEL BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS 1. COUNCIL-SPONSORED ITEM: a. Resolution authorizing and directing the City Manager to enter into negotiations with the United States Government. Department of the Navy, to determine if the Navy is willing to make available to the City of Virginia Beach, by lease or other arrangement, two (2) parcels of property located in the General Booth Boulevard/Birdneck Road corridor for use by the City as satellite parking facilities providing additional parking for visitors to the Resort Area, the Virginia Marine Science Museum and other recreational facilities located in or near the Resort Area during periods of peak demand. (Sponsored by Councilman James W. Brazier, Jr.) M. ADJOURNMENT ************* 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 CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD oniy 427-4305 (TDD - Telephonic Device for the Deaf) 1/6/94bap AGENDA\1-11-94.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 11, 1994 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 11, 1994, at 11:00 A.M. Council Members Present: John A. Bawn, Robert W. Clyburn, Robert K Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Absent: Linwood O. Branch, III [ENTERED 11:25 A.M.] James W. Brazier, Jr. [ENTERED THE EXECUTIVE SESSION AT 12:55 P.M.] Paul J. Lanteigne [ENTERED THE EXECUTIVE SESSION AT 12:55 P.M.] VIce Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. The VIce Mayor regularly files this Disclosure with the City Clerk as he mayor may not know of the Bank's interest in any application that may come before City Council. VIce Mayor Sessoms' letter of January 11, 1994, is hereby made a part of the record. -2- CITY MANAGER'S BRIEFING REGIONAL MATERIALS RECOVERY FACILITY 11:00 A.M. ITEM # 37577 City e>f Virgi:r1ia Beach WILLIAM 0 SESSOMS, JR VICE MAYOR BO9 GREENTAEE ARCH VIRGINIA BEACH, VIRGINIA 23451 (804) 455.5732 January 11, 1994 Mrs. Ruth Hodges Smith, CMC/ AAE City Clerk's Office Municipal Center Virginia Beach, Virginia 23456 Re: Conflict of Interests Act Dear Mrs. Smith: In accordance with my letter to you dated August 10, 1993, I have thoroughly reviewed the agenda for the January 11, 1994, meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict under the Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, there are no matters on the agenda in which I have a "personal interest," as defined in the Act, either individually or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfully request that you record this letter in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly yours, Iud )~ William D. Sessoms, Jr. Vice-Mayor WDS,Jr./dmc -3- CITY MANAGER'S BRIEFING REGIONAL MATERIALS RECOVERY FACIliTY ITEM # 37577 (Continued) Mr. Phillips advised in order to more be more competitive certain things must be provided by the municipalities: longer term contracts and guarantee ofmateriol to be received, so the capital investment can be made by the private sector to meet the program. This has been the biggest challenge. Mr. Phillips advised when private projects are developed in cooperation with cities, in order to amortize equipmen~ a minimum time frame of fwe years is necessary. Obviously a 7-year contract is preferable and a 10- year contract even better. New England Crinc recently negotiated a contract with the City of Milwaukee in which the company will expend up to $4-MILLlON to equip the facility for the City. In return, Milwaukee has guaranteed tonnage coming into the facility and has guaranteed same for a 7-year time period. New England Crinc operates both public and private facilities. Mr. Phillips advised the most comprehensive service is provided in the City of Milwaukee. The City will deliver approximately 20,000 tons per year. 11rose materials include all seven plastics, three colors of glass, aluminum, steel, textiles, newspapers, corrugated and household junk mail at a cost of $26.01 per ton. The City of Milwaukee does its own collection with 90 gallon barrels split down the middle, paper on one side, containers on the other. They deliver to New England Crinc's facility. Mr. Phillips advised under the current contracts, New England Crinc has obligated that this material go into the secondary market or be sold to the secondary market. Councilman Dean advised Assistant City Attorney William Macali, Debbie Devine - Waste Management, Andrew Burke - Economic Development, and himself co-spansored legislation in the form of the Virginia Environmental Economic Development Act, which is being presented to the General Assembly as a tax incentive and venture capital pool of monies, to develop local industry and these recycleables do not have to be shipped out of State or anywhere else. A research and development center in Virginia Beach is also being investigated. An Underwriters Laboratory for the entire East Coast is also under consideration, to develop definitive standards on all of the byproducts to be comparative to the raw products. Mike Dodson, representing Waste Management of Virginia, advised they were instrumental in working with the City in the mid 1980's to provide containers for newspaper collection at all the school systems. Waste Management provides over 500 curbside collection programs throughout the United States. These are done through public/private partnerships that can be structured to meet the individual municipalities' requirements and needs. There are already in place with transfer stations for collection and transfer trailer trucks SPSA operates and owns. There are fwe different subtitle D landfiUs within a 75-55 mile radius. These landfills are state of the art and are operated by private concerns. The City should examine what private industry can provide without having to make further investments as far as increasing the City's landfill and creating a Materials Recovery Facility. Debbie Devine, Recycling Coordinator, advised the goal of the City has been to provide the best possible service to the citizens with the least amount of dollars. All opportunities should be investigated both public and private. Mayor Oberndorf advised SPSA performed a study for three stIlges in handling the recycling based on 25% of the waste stream being recycled. Two of those steps have been accomplished. The Mayor advised Durwood Curling, Executive Director - Southeastern Public Service Authority, related SPSA had voted for the three steps in the recycling and the funds have been borrowed to make this a reality. A way would have to be found to repay the bondholders immediately in order for the private sector to provide these services. Any tipping fees or the Budget for SPSA is open and only discussed and adopted in public sessions and opportunities are afforded for the public to speak in support or opposition. Durwood Curling, Executive Director - Southeastern Public Service Authority, advised a comprehensive solid waste management system has been developed which is among the most cost-effective systems in the United States. January 11, 1994 -4- CITY MANAGER'S BRIEFING REGIONAL MATERIALS RECOVERY FACILITY ITEM' 37577 (Continued) The curbside program began with a pilot program of 7500 homes to determine whether or not the Board wished to continue this service. During that phase, materials were delivered to Tidewater Fiber without a contract. When the Board of Directors decided to expand the program to the approximate 300,000 homes within the eight (8) communities eligible, SPSA requested bids on purchasing the materials that were collected in the curbside program. As a result of this bid process, Tidewater Fiber was the successful bidder and takes the seven products collected at curbside at the present time. The contract was structured in two ways: (1) 15 -year contract for newspaper (Trade Off a long term contract with a floor of zero) and (2) Other products are covered by a 5-year contract. This 5-year contract has two more years to run. The drop-off recycleables collected from the thirty plus drop-off locations also go to Tidewater Fiber, but are not governed by contract. SPSA also performs an extensive amount of other recycling Le. handpicking aluminum cans at the RDF plant, ferrous metal is pulled out. There is a fe"ous meUlI plant in the landfill in Suffolk with the contractor who operates this plant paying SPSA a certain amount per ton for the ferrous. A tire shredder, operated by a contractor, is located in Suffolk which shreds approximately 500,000 tires a year with a tipping fee charged. The shredded moJerial from the automobile tires is burnt as fuel at the waste-to-energy plant. Truck tires go to South Carolina where they are recycled and made into hard rubber industrial equipment. The other substantial recycling program in place is the yard waste with two facilities for processing and producing a compost and mulch. These are operated by SPSA. SPSA does have in place a number of public/private partnerships in the recycling area. As a result of a recycling plan, commissioned by the SPSA Board of Directors in 1989, four basic recommendations were reiterated: (1) The curbside program be expanded to 300,000 homes (2) A series of drop-off centers be established through the region (3) A yard waste recycling program be implemented and (4) Construct a moJerials recovery facility. This facility wouid enable moving from separating the moJerials at the curb and go to a co-mingle collection. The materials would be separated and processed at the Materials Recovery Facility. Of the I-MILLON tons of waste generated in the eight communities, only 45% are being úmdfilled. 55% of the waste generated within the eight communities is put to a beneficial use. The recycling program within SPSA is comprehensive, although not as mature as the waste-to-energy program, the landfill program, et cetera. The Virginia Beach landfill (Mount Trashmore 11) Ulkes approximately one -half of the amount of waste taken by the SPSA landfill in Suffolk. The unit cost on those two landfills reflect the benefits associated with the volume. Mr. Curling reiterated the following unit costs: SPSA Landfill $3.55 per ton Mount Trashmore 11 $5.09 per ton The Board has bo"owed the funds, approximately $4-1/2 MILUON to construct the MRF. The recycling program is competitive and comprehensive. January 11, 1994 -5- CITY MANAGER'S BRIEFING WASTE FLOW CONTROL 12:17 PM. ITEM # 37578 Durwood Curling, Executive Director - Southeastern Public Service Authority, advised in 1978 when it was decided to go forward with the waste management system, it was determined SPSA would attempt to issue tIlX free municipal revenue bonds. In order to do that, some security had to be given to the bond buyers. As a result, the contract with each community has within it a provision that each of the eight communities will deliver or cause to be delivered 95% of the waste generated within the eight communities. This commitment by the eight communities is the financial underpinning of the Public Service Authority. SPSA recently refinanced a major of the debt at interest costs of 5.2%. SPSA has in excess of $200-MILLION in debt. Within SPSA s service area, five major haulers collect approximately 380,000 tons of the 1-MILLION tons of waste produced in the service area. 1f that waste is lost to the SPSA system, it will require the local governments to approximately double their tipping fee and increase to approximately $30.00 per ton. As good as the SPSA system is the one thing it cannot do is compete with a "/andflU only" disposal option. 1f SPSA were to only landfill their waste and did not offer the other programs, SPSA's tipping fee would be in the $15 to $20 range for the local governments. SPSA cannot compete with a "/andflU only" disposal option. Mr. Curling advised the City of Richmond's municipal tipping fee is $50.77 per ton for municipal collected waste. Privately collected waste in Richmond is $60.00 per ton. In addition, Richmond has budgeted approximately $622,180 to pay for the curbside recycling program. The system that SPSA has in place, in the communities pay $34.00 per ton and the private sector pays $41.00 per ton with the curbside recycling included within this $34.00 and $41.00. Mr. Curling advised in his recommendation to the Board of Directors, the Budget will not include an increase in the commercial rate. Mr. Ben Denby, representing Bob Tingley of BFl, advised their concern with flow control is it eliminates competition. The SPSA facility does not meet the current environmental federal requirements; however, the facility in Richmond does. The SPSA facility does not have to meet these requirements, as it is "grandfathered". When SPSA moves to the new facility their tipping fee will go up subsUlntially. Mr. Denby quoted from an article in the VIrginia Record, which outlines the approach of the Central Virginia Waste Management Authority, which is similar to the SPSA with the exception it is toUllly volunUlry. All of the local governments have chosen to go through Central Virginia Waste Management Authority and completely through the private sector. Said article is hereby made a part of the record. Wade Kyle, Administrator - Waste Management, advised he was invited with other Waste Management representatives from the other Cities to a Task Force of the Hampton Roads/Chamber of Commerce. Mr. Kyle was asked to present his view concerning flow control and the /andflU issue in the private sector. Mr. Kyle is not advocating the fee for residential waste be raised; however, he does advocate a single fee. 1f 35% of the waste from the private sector is lost to some other area outside the SPSA region, obviously the cost of operation would subsUlntially reduce accordingly. There may be some trade offs. Mr. Kyle advised the private sector does have a lot to offer and should be given the opportunity to bid on these items whether it be the MRF or using their landfill rather than expanding the regional landfill. The Chamber of Commerce will be coming to each of the cities requesting SPSA negotiate. JanUßry 11, 1994 - 6- ITEM # 37579 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, January 11, 1994, at 12:50 P.M. Voting: 9-0 Council Members Voting Aye: John A. Baunt, Linwood O. Branch, 1/1, Robert W. Clyburn, Robert K Dean, Louis R Jones, 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 Paul J. Lanteigne January 11, 1994 -7- ITEM # 37580 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MA 7TERS: Discussion or consideration of or interviews of prospective candidates for employment, assignmen~ appoinÞnent, promotion, performance, demotion, salaries, disciplining, or resigrwtion of specific public officers. appointees, or employees pursuant to Section 21-344 (A) (1). To-Wit: Appointments - Boards and Commissions: Personnel Board PUBliCLY-HELD PROPERTY: Discussion 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 2.1-344(A)(3). To-Wit: Acquisition of Real Property: Holly/Laskin Road Right-of-Way Disposition of Property: Ocearw Village Park Site LEGAL MA7TERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To- Wit: Flow Control Ordirwnces Construction 1ssues - Recreation Centers Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, 111, Robert W. Clyburn, Robert K Dean, Louis R. Jones, John D. Moss, 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. and Paul J. Lanteigne January 11, 1994 -8- FORMAL SESION VIRGINIA BEACH CITY COUNCIL January 11, 1994 2:00 PM. 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. January 11, 1994, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, 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 Absent: None INVOCATION: Father William Dale Church of the Ascension PLEDGE OF All Fr.TANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Oberndorf advised the Bishop has reassigned Father William Dale and wished to express appreciation for the Father's wisdom, patience, energy and commitment to the City. Mayor Oberndorf will forward a letter to the Bishop expressing her appreciation for Father Dale and hew much the City will miss him. January 11, 1994 - 9- Item lll-E 1 CERTIFICATION OF EXECUTIVE SESSION ITEM # 37581 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 11, 1994 1Btsolutiou 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 # 37580, Page No.7, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ~,~~-,~/~ R Hodges Smilh, CMC/AAE City Clerk January 11, 1994 - 10- Item III-F.1. MINUTES ITEM # 37582 Upon motion by Councilman Baum, seconded by Vice Mayor Sessoms, seconded by Council Lady Parker, City Counâl APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of JanUilry 4, 1994. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None JanUilry 11, 1994 -11- Item III-G.!. RES OL UTIO NS/ORDINANCES ITEM II 37583 A motion was nwde by Councilman Moss, seconded by Council Lady Parker to ADOPT: Resolution to REPEAL Resolution No. R-92-02130, adopted by City Council November 22, 1992, re financing new initiatives or programs involving City services. (Sponsored by Council Members Moss and Parker) Voting: 3-8 (MOTION TO ADOPT FAILED TO A NEGATIVE VOTE) Council Members Voting Aye: Robert K Dean, John D. Moss and Nancy K Parker Council Members Voting Nay: John A. Bourn, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R Jones, Paul J. Lanteigne, Mayor Meyera E. Obemdorf and VIce Mayor William D. Sessoms, Jr. Council Members Absent: None January 11, 1994 -12- Item III-G.2. RES OL UTIO NS / ORDINANCES ITEM # 37584 The follawing spoke in SUPPORT of the Ordinance: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Wally Erb, 150 Cayuga Road, Phone: 497-7451 A motion was made by Councilman Moss, seconded by Council Lady Parker to ADOPT Ordinance to AMEND Ordinance No. 93-2222I, adopted by City Council May 11, 1993, reducing the tax levy on tangible perso1llll property for the Calendar Year 1995. Upon SUBSTITUTE MOTION by Councilman Lanteigne, seconded by Councilman Branch, City Council DEFERRED FOR AN OPTION TO CONSIDER DURING THE FY 1994-1995 BUDGET PROCESS: Ordinance to AMEND Ordinance No. 93-2222l, adopted by City Council May 11, 1993, reducing the tax levy on tangible perso1llll property for the Calendar Year 1995. Vice Mayor Sessoms and Councilman Brazier requested a workshop on the Personal Property Tax program. Voting: 7-4 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: Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: None January 11, 1994 -]3- Item III-G.3. RES OL UTI 0 NS / ORDINANCES ITEM II 37585 The following spoke in SUPPORT of the Ordinance: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 A motion was lIUlde by Councilman Moss, seconded by Council Lady Parker to ADOPT an Ordinance to AMEND and REORDAIN Ordinance No. 93-22221, adopted by City Council May II, 1993, reducÙlg by ten percent (10%), personal property ÚlXes on certified pollution control equipment and facilities, lIUlchinery and tools, heavy construction equipmen~ research and development business tangible property and certain computer hardware. Upon SUBSTITUTE MOTION by Councilman Lanteigne, seconded by Councilman Branch, City Council DEFERRED FOR AN OPTION TO CONSIDER DURING THE FY 1994-1995 BUDGET PROCESS: Ordinance to AMEND and REORDAIN Ordinance No. 93-22221, adopted by City Council May II, 1993, reducing by ten percent (10%), personal property ÚlXes on certified pollution control equipment and facilities, lIUlchinery and tools, heavy construction equipmen~ research and development business tangible property and certain computer hardware. (Sponsored by Council Members Dean, Moss and Parker) VIce Mayor Sessoms and Councilman Brazier requested a workshop on the Personal Property Tax program. Voting: 7-4 Council Members Voting Aye: John A. BaUNt, 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: Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: None January II, 1994 -14 - Item III-G 4 RES OLUTIO NS /ORDINANCES ITEM # 37586 ADD-ON The City Attorney advised due to an e"or in the drafting of the resolutions for tax exemption to be forwarded to the General Assembly this year, it is necessary that the Resolutions be amended. The Staff failed to include a line in the resolution which identified the tax impact. Upon motion by VIce Mayor Sessoms, seconded by Councilman Clyburn, City Council AGREED TO ADD TO THE AGENDA: Resolutions to AMEND Resolutions previously adopted by City Council re supporting legislation at the 1994 General Assembly Session designating real and personal property as being exempt from State and Local Real and Personal Property Taxation: A. Community Alternatives, Inc. B. Community Alternatives Management Group, Inc. e. Diamond Springs/Gardenwood Park Civic Leagues D. Little Neck Swim & Racquet Club Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 11, 1994 - 15- Item III-G.5. RES OL UTI 0 NSI ORDINANCES ITEM # 37587 ADD-ON The City Attorney advised due to an e"or in the drafting of the resolutions for tax exemption to be forwarded to the General Assembly this year, it is necessary that the Resolutions be amended. The Staff failed to include a line in the resolution which identified the tax impact. Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolutions to AMEND Resolutions previously adopted by City Council re supporting legislation at the 1994 General Assembly Session designating real and personal property as being exempt from State and Local Real and Personal Property Taxation: e. Community Alternatives, Inc. D. Community Alternatives Management Group, Inc. e. Diamond Springs/Gardenwood Park Civic Leagues D. Little Neck Swim & Racquet Club Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 11, 1994 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 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY COMMUNITY ALTERNATIVES, INC. AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 7 personal located in of city the WHEREAS, property 8 Virginia Community Alternatives, is Beach and owned by Inc. 9 currently subject to taxation; WHEREAS, Community Alternatives, Inc. has requested the Council of the city of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, of the constitution of Virginia to § 6(a) (6) designate the real and personal property of Community Alternatives, Inc. as being exempt from state and local real and personal property taxation; WHEREAS, the tax assessed value of the personal property owned by Community Alternatives, Community Inc. is $93,912.00, Alternatives, Inc. owns no real estate, and if the organization is not tax exempt, personal property taxes would total $3,568.66 per year; WHEREAS, pursuant to § 30-19.04 of the Code of Virginia, the Council of the City of Virginia Beach has held a public hearing prior to the adoption of this Resolution and has given all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04 of the Code of Virginia have been examined and considered by the Council of the city of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that Community Alternatives, Inc. should be designated as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by Community Alternatives, it exclusively and used by for Inc. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 benevolent purposes on a nonprofit basis should be exempt from state and local real and personal property taxation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach supports the enactment of legislation involving the designation of Community Alternatives, Inc. as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property owned by Community Alternatives, Inc. which is located within the city of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local real and personal property taxation. This Resolution supercedes Resolution No. R-94-02274 adopted by city Council on the 4th day of January, 1994. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 , 1994. January day of CA-5407 ORDIN\NONCODE\COMALT.RES R-1 PREPARED: 01/11/94 2 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 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY COMMUNITY ALTERNATIVES MANAGEMENT GROUP, INC. AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 7 WHEREAS, property located in the city of Virginia Beach 8 and owned by Community Alternatives Management Group, is Inc. 9 currently subject to ad valorem taxation; WHEREAS, community Alternatives Management Group, Inc. has requested the Council of the City of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, § 6(a) (6) of the Constitution of Virginia to designate the real and personal property of Community Alternatives Management Group, Inc. as being exempt from state and local real and personal property taxation; WHEREAS, the tax assessed value of real estate owned by Community Alternatives Management Group, is $3,245,491.00, Inc. Community Alternatives Management Group, owns no tangible Inc. personal property, and if the organization is not tax exempt, real estate taxes would total $36,998.60 per year. WHEREAS, pursuant to § 30-19.04 of the Code of Virginia, the Council of the City of Virginia Beach has held a public hearing prior to the adoption of this Resolution and has given all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04 of the Code of Virginia have been examined and considered by the Council of the city of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that community Alternatives Management Group, Inc. should be designated as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the city of virginia Beach owned by Community Alternatives Management Group, Inc. and used by 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local real and personal property taxation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the City of Virginia Beach supports the enactment of legislation involving the designation of Community Alternatives Management Group, Inc. as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property owned by Community Alternatives Management Group, Inc. which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local real and personal property taxation. This Resolution supercedes Resolution No. R-94-02273 adopted by City Council on the 4th day of January, 1994. Adopted by the Council of the City of Virginia Beach, 11 January Virginia, on the ----- day of , 1994, CA-5401 ORDIN\NONCODE\COMMUNIT.RES R-1 PREPARED: 01/11/94 2 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 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY DIAMOND SPRINGSjGARDENWOOD PARK CIVIC LEAGUE, INC. AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 8 WHEREAS, property located in the City of Virginia Beach 9 and owned by Diamond springsjGardenwood Park civic League, Inc. is currently subject to ad valorem taxation; WHEREAS, Diamond Springs/Gardenwood Park civic League, Inc. has requested the Council of the city of Virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, § 6 (a) (6) of the Constitution designate the Virginia real and personal to of property of Diamond SpringsjGardenwood Park civic League, Inc. as being exempt from state and local real and personal property taxation; WHEREAS, the tax assessed value of the real estate owned by Diamond civic is SpringsjGardenwood Park League, Inc. $62,500.00, Diamond springsjGardenwood Park civic League, Inc. owns no tangible personal property and if the organization is not tax exempt, real estate taxes will total $712.50 per year; WHEREAS, pursuant to § 30-19.04 of the Code of Virginia, the Council of the City of Virginia Beach has held a public hearing prior to the adoption of this Resolution and has given all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04 of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of virginia Beach is of the opinion that Diamond springsjGardenwood Park civic League, Inc. should be designated as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the city of virginia Beach 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 owned by Diamond springsjGardenwood Park civic League, Inc. and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local real and personal property taxation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the city of Virginia Beach supports the enactment of legislation involving the designation of Diamond SpringsjGardenwood civic a benevolent Park League, Inc. as corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property owned by Diamond SpringsjGardenwood Park civic League, Inc. which is located within the city of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local real and personal property taxation. This Resolution supersedes Resolution No. R-93-02265 adopted by City Council on the 7th day of December, 1993. Adopted by the Council of the city of Virginia Beach, Virginia, on the 11 , 1994, Janaury day of CA-5363 ORDIN\NONCODE\DIAMOND.RES R-2 PREPARED: January 11, 1994 2 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 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY LITTLE NECK SWIM & RACQUET CLUB, INC., AS BEING EXEMPT FROM STATE AND LOCAL REAL AND PERSONAL PROPERTY TAXATION 7 WHEREAS, property located in the City of Virginia Beach and owned by Little Neck Swim & Racquet Club, Inc., is currently 8 9 subject to ad valorem taxation; WHEREAS, Little Neck Swim & Racquet Club, Inc. , has requested the Council of the City of virginia Beach to adopt a resolution in support of its request that the General Assembly act in accordance with Article X, § 6(a) (6) of the Constitution of Virginia to designate the real and personal property of Little Neck Swim & Racquet Club, Inc., as being exempt from state and local real and personal property taxation; WHEREAS, the tax assessed value of real estate owned by Little Neck Swim & Racquet Club, Inc. is $766,700, Little Neck Swim & Racquet Club, Inc. owns no tangible personal property and if the organization is not tax exempt, real estate taxes will total $8,740.38 per year; WHEREAS, pursuant to § 30-19.04 of the Code of Virginia, the Council of the City of Virginia Beach has held a public hearing prior to the adoption of this Resolution and has given all citizens an opportunity to be heard; WHEREAS, the provisions of § 30-19.04 of the Code of Virginia have been examined and considered by the Council of the City of Virginia Beach; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that Little Neck Swim & Racquet Club, Inc., should be designated as a benevolent corporation within the context of § 6(a) (6) of Article X of the Constitution of Virginia and that real and personal property located in the City of Virginia Beach owned by Little it Swim Neck Racquet Club, and used by Inc. , & 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local real and personal property taxation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council of the city of virginia Beach supports the enactment of legislation involving the designation of Little Neck Swim & Racquet Club, Inc., as a benevolent corporation within the context of § 6(a)(6) of Article X of the constitution of Virginia and that real and personal property owned by Little Neck Swim & Racquet Club, Inc., which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local real and personal property taxation. This Resolution supersedes Resolution No. R-93-02259 adopted by city Council on the 23rd day of November, 1993. Adopted by the Council of the city of Virginia Beach, Virginia, on the 11 , 1994. January day of CA-5331 ORDIN\NONCODE\LNSRC.RES R-2 PREPARED: January 11, 1994 2 - 16 - Item Ill-H. CONSENT AGENDA ITEM # 37588 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED in ONE MOTION items 1 and 2 of the CONSENT AGENDA Items 3, 4, 5 and 6 were pulled for a separate Yote. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 11, 1994 - 17 - Item III-H 1 CONSENT AGENDA ITEM # 37589 Upon motion by VIce Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 2-77 of the Code of the City of VIrginia Beach, VIrginia, re appointments and duties of Deputy City Clerks. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 11, 1994 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-77 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO APPOINTMENTS AND DUTIES OF DEPUTIES TO CITY CLERK. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That section 2-77 of the Code of the City of Virginia Beach, 9 virginia, is hereby amended and reordained to read as follows: section 2-77. Appointment and duties of deputies to city clerk. The council may appoint such deputies to the city clerk as it deems necessary to serve at the pleasure of the council city clerk. A deputy city clerk shall, so far as required by the city clerk, discharge and perform any of the duties imposed upon the city clerk, and in the discharge of such duties, shall be under the direction and control of the city clerk. Adopted by the Council of the City of Virginia Beach, Virginia on the 11 January , 1994. day of CA-5396 \ORDIN\PROPOSED\02-77.0RD R-1 DECEMBER 7, 1993 APPROVED AS TO CONTENTS .i}.'=-7/Lt~,~ ~. ,IC."M'J'" ~--4:- .~ L; !T APr:'ROVcD '.S "0 LEGAL r SUFFI~ ~. CITY ATTORNEY - 18- Item III-H.2 CONSENT AGENDA ITEM # 37590 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right- of-way for Harbour Point Rood Extended (CIP 2-218) and acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation (LYNNHAVEN BOROUGH). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 11, 1994 1 2 3 4 5 6 7 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 AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR HARBOUR POINT ROAD EXTENDED (CIP 2-218) 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, good order, comfort, convenience, and for the 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 ~., 15.1-898, 15.1-899, and Section 33.1-89, et ~., Title 25-46.1 et ~., 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 "HARBOUR POINT RD. EXTENDED C.I.P. 2-218 SCALE: 1"=400'," these plans being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section City is hereby That the Manager 2 . authorized to make or cause to be made on behalf of the city of Virginia available, a that funds Beach, to the extent 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 11 Janaury Beach, Virginia, on the day of , 1994. CA-5423 NONCODE\CA5423.0RD R-1 - 19- Item lII-H.3. CONSENT AGENDA ITEM II 37591 The following spoke in OPPOSITION to the Ordinance: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 A motion was made by Councilman Lanteigne, seconded by VIce Mayor Sessoms to ADOPT an Ordinance to APPROPRIATE $30,136 from the General Fund Reserve for Contingencies to the budget of the Commissioner of Revenue; and, authorize three (3) additional full-time permanent positions for his office to administer the Reduced Personal Property Tax Program. A SUBSTITUTE MOTION was made by Councilman Moss, seconded to Council Lady Parker to authorize three (3) additional full-time ~pCI/IUllle"t positions for the office of the Commissioner of the Revenue to administer the Reduced Personal Property Tax Program. Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: James W. Brazier, Jr., Robert K Dean, John D. Moss, Mayor Meyera E. Obemdorf and Nancy K Parker Council Members Voting Nay: John A. Bawn, Linwood O. Branch, 111, Robert W. Clyburn, Louis R Jones, Paul J. Lanteigne and VIce Mayor William D. Sessoms, Jr. Council Members Absent: None January 11, 1994 - 20- Item III-H.3. CONSENT AGENDA ITEM f 37591 (Continued) The following spo/œ in OPPOSITION to the Ordinance: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to APPROPRIATE $30,136 from the General Fund Reserve for Contingencies to the budget of the Commissioner of Revenue; and, authorize three (3) additional full-time permanent positions for his office to administer the Reduced PersolUÚ Property Tax Program. Voting: 7-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: None January 11, 1994 10 11 12 13 14 15 16 17 18 19 20 21 22 1 2 3 4 AN ORDINANCE TO APPROPRIATE FUNDS IN THE AMOUNT OF $30,136 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE COMMISSIONER OF THE REVENUE AND TO ADD 3.0 FULL-TIME EQUIVALENTS TO THE COMMISSIONER'S OFFICE 5 WHEREAS, it is desire of the City Council to establish a reduced personal property tax levy rate for one motor vehicle owned by elderly or disabled individuals; WHEREAS, the City Council approved an ordinance on December 14, 1993 to reduce the personal property tax levy for one motor vehicle owned by elderly or disabled individuals; 9 WHEREAS, the Commissioner of the Revenue estimates an additional cost of $30,136 in FY 1993-94 to add three additional full-time permanent positions to his office to administer the reduced personal property tax program through his office; WHEREAS, there are funds available in the FY 1993-94 Reserve for Contingencies account to cover costs of implementing this program; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $30,136 be appropriated from the General Fund Reserve for Contingencies to the budget of the Commissioner of the Revenue. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That 3.0 full time equivalent permanent positions be added to the Office of the Commissioner of the Revenue effective February I, 1993. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the ~ day of January, WA-,xJ!\ÇÏo "~""'"'~~'=~:'~~'~""'- -.'" APPROVED AS TO CONTENT ~~~r~ Ass!. Dir., Management and Budget ",""""", ;~L'" .~..," i~ .....,..--....-.,. ..~.~,.. """-_'~"~,-,.,",.. , 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Requested by councilmember Paul J. Lanteigne AN ORDINANCE TO AMEND AND REORDAIN ORDINANCE NO. 93-22221 BY ESTABLISHING AN ALTERNATIVE PERSONAL PROPERTY TAX LEVY RATE FOR ONE MOTOR VEHICLE OWNED BY A QUALIFIED ELDERLY OR DISABLED PERSON 8 WHEREAS, by ordinance adopted May 11, 1993 (Ordinance No. 93- 22221), city council established the tax levy on personal property 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. 93-22221 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 Section15A to read as follows: section 15A. AMOUNT OF LEVY ON ONE MOTOR VEHICLE OWNED AND USED PRIMARILY BY OR FOR ANYONE AT LEAST SIXTY-FIVE YEARS OF AGE OR ANYONE FOUND TO BE PERMANENTLY AND TOTALLY DISABLED. .1iù In accordance with sections 56.1-3506.1 et seq. of the Code of Virqinia (1950\. as amended. there shall be a reduced tax levy rate of three dollars ($3.00\ on each one hundred dollars ($100.00\ of assessed valuation on one (1\ motor vehicle owned and used primarilv bY or for anyone at least sixtY-five vears of aqe or 29 anyone found to be permanentlY and totallY disabled. as defined in 30 section 58.1-3506.3 of the Code of Virqinia 11950\. as amended. J1 sub;ect to the followinq conditions: 32 .L.. The total combined income received. excludinq the 33 first $7.500 of income. from all sources durinq calendar year 1993 I by the owner of the motor vehicle shall not exceed twenty-two 34 35 thousand dollars ($22.000\. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 h The owner's net financial worth. includinq the present value of all eauitable interests. as of Decel11ber 31 of calendar year 1993. excludinq the value of the principal residence and the land. not exceedinq one acre. upon which it is situated. shall not exceed seventy thousand dollars ($70.000). .:L. All income and net worth limitations shall be computed by aqqreqatinq the income and assets. as the case may be. of a husband and wife who reside in the same dwellinq and shall be applied to any owner of the motor vehicle who s~s the benefit of the preferential permitted this ordinance. tax rate under irrespective of how such motor vehicle may be titled. .LQ..L Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixtY-five or over or if either spouse is permanently and totallY disabled. and the conditions set forth in subsection (a) have been satisfied. Adopted by the Council of the City of Virginia ßeach, virginia on the day of , 1993. December ll¡th CA-5383 \ORDIN\NONCODE\ALTERNATIVE.ORD R-1 PREPARED: November 30, 1993 2 - 21 - item lIl-H.4. CONSENT AGENDA ITEM # 37592 Upon motion by Councilman Moss, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $15,()()() grant from the VIrginia Department of Environmental Quality to the Department of Planning re E1izIJbeth River Interpretive Path and Canoe Trail development; and, TRANSFER $15,()()() cash match from the [1' 1993 1994 G~"o,ul :'.."J &Jt,.t to, Cð"t;"gt"citJ E".iloh"'t>ltal- r;:;;¡£ 01'en Space Promotion Funds. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. .Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 11, 1994 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT 2 IN THE AMOUNT OF $15,000 FROM THE VIRGINIA 3 DEPARTMENT OF ENVIRONMENTAL QUALITY 4 AND TO TRANSFER $15,000 AS A GRANT MATCH 5 FROM THE FISCAL YEAR 1992-1993/1997-1998 6 CAPITAL IMPROVEMENT PROGRAM 7 OUTDOOR PLAN INITIATIVE RESERVE 8 WHEREAS, the Commonwealth of Virginia's Department of Environmental 9 Quality has provided a grant in the amount of $15,000 to allow for the construction of an Elizabeth River Interpretive Path and Canoe Trail in the Kempsville area of the City of Virginia Beach; WHEREAS, this grant requires a cash match of $15,000 which is available in the Fiscal Year 1992-199311997-1998 Capital Improvement Program Outdoor Plan Initiative Reserve; WHEREAS, the work to be provided through these resources will significantly enhance the recreational amenities and diversity of opportunities afforded to citizens of the City and provide a unique opportunity to enhance both recreation and environmental education. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that a $15,000 grant be accepted from the Commonwealth of Virginia, and be appropriated to the Department of Planning for Elizabeth River Interpretive Path and Canoe Trail development, and that estimated Revenue from the Commonwealth be increased by $15,000. BE IT FURTHER ORDAINED that $15,000 be transferred from the Fiscal Year 1992-199311997-1998 Capital Improvement Program Outdoor Plan Initiative Reserve to the Department of Planning for a required cash match for the grant. This ordinance shall be effective from the date of its adoption. Adopted the ~ day of January, 1994, by the Council of the City of Virginia Beach, Virginia. APPRO~ ~NT Dept oj Management and 8ooge! - 22 - Item Ill-B.S. CONSENT AGENDA ITEM # 37593 Gerald S. Divaris, 1519 Quail Point Road, Phone: 481-3327, represented Columbus Center Associates Upon motion by Councilman Jones, seconded by VIce Mayor Sessoms, City Council ADOPTED: OrdiTUlnce authorizing a temporary encroachment into a portion of the right-of-way of Southern Boulevard to Capitol Industries, Inc. re construction and maintenance of parking facilities, sidewalk, dumpster pad, lighting fixtures and landscaping (BAYSIDE BOROUGH), The first page of the Agreement has been amended to add the following verbiage in the second paragraph of the first page of the agreement after these words "...maintain a movie theater building, a retail shops building, and a small bank building on the Property,... ": "..or such other improvements permissible under applicable zoning ordiTUlnces; and.." The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of VIrginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 11, 1994 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 1 2 3 4 5 6 7 8 ~ ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF SOUTHERN BOULEVARD TO CAPITOL INDUSTRIES, INC., ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Capi tol Industries, Inc., its heirs, assigns and successors in title authorized and maintain to construct a temporary are encroachment into the right-of-way of Southern Boulevard. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining parking facilities, sidewalk, dumpster pad, lighting fixtures, and landscaping, and that said encroachment shall be constructed and maintained in accordance with the City Virginia of Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Southern Boulevard, on the certain site plan entitled: "R/C Theatres Movies 12 Columbus Entertainment Center Virginia Beach, Virginia," a copy of which is on file in the Department of Public Works/Engineering Division and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to any officer of Capitol Industries, Inc. , its heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Southern Boulevard and that Capitol Industries, Inc., its heirs, assigns and successors in title shall bear all costs and expenses of such removal, AND, PROVIDED FURTHER, that it is expressly understood and agreed that Capitol Industries, Inc., its heirs, assigns and 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, and including reasonable losses damages, expenses attorney's fees in case it shall be necessary to file or defend an action the location or existence of such arising of out encroachment. AND, PROVIDED FURTHER, that Capitol Industries, Inc., its heirs, assigns, and successors in title agree to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Capitol Industries, Inc. obtains title to the property adjacent to the Southern Boulevard right of way and executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council of the City of Virginia Beach, 11 January 94 Virginia, on the ----- day of , 19----- 12/29/93 CBC/tga ~-""f'.>':;Vi<).......""('-".'" .' ==-(-~~"" í!Jd&fj¡¡¿~:E - D'fI"MIN~---- .. t';PPROVED ~S T~~ LEGAL SUFFICIENCY .~s~ 2 :'::: ~ CINC ~ ~. " ~ ~ VIlIOIN!^ D£^CII, VlnOlNI^ PROJECT Cò,¿v&18 ':S JOB NO, ;?30.5 / ÇpENT Æ" /"C' TNEATÆ'.:-<î OATE /2/2/.,(9..5' ' SHEET NO, / OF.2 COMPUTEO BY CI/ECKEO BY W. P. LJU , INC. , "D"'",D'" 'D.",."!D' ,.,,'UIHa-<Ha' H""Ha-'~'H HIHa SUBJECT, E..Yh'/ß/T - A SCA/E.'/ ~.:/oo ' . ......'..-. 642'7" J I~r"------- R-. 82"""00" W 647,'" £ ¡i ~ ~-P led" ':>.. Lit '¡,JHi ;il~..1\ IC=? cr: ~'/~ v IC I- I ~ - . ' r-.f ' IL- rtL ' , - ",,:-::-¡:- ~ ð "::,_"-'-"f>"""""""D"""J.>~,.I:;;;:¡:;~..:,I: "- r :b ===-~ ~ I=-~ F tV i~ ~ ~ ~ -f - -- B CCK a. ;: ~ ': . H I c:: ~ ~'- ¡; ~ ~ ~ ijj ~ 'f --" cþ ~ ~ ~ -- 1= r:: ~~ ¡¡ ~ :i ~ ~ I>- f:'::V ,+ - " ;u -- -I-, l:tk ! r ~ -, ,h< " = =~§"~ 'III ~ -~~,~"é':;.lL.'" ~""i"""""'.~,'J':;:~~~ ~,:I ~ ~ It-, ';'--: -t---: (=1. ("::""¡-:"..", cv~~'yljl,~ g' <II ' . - -I-- ,," --,'/ '" , ' ' - 'I -, ÚÌj~!'I-, ;"..- - "8Z~'""",¡::"""8,78.)~",I) '11"'\1 UQ\ ",~,/ ~- I ~ , -- ::J c:::-:J '-- I I ~ ~ V,'" '-\J ¡ a ( I I w...- ~ , ~ "'" ~ I ~ '/r C 0 L U M BUS ( VN'~'RQVCD '0' """) S ~ ~"r:, , ~ Ii --. ~ ,---, r-- ,---, ,---, r i I In' I , r- ' -----'_......". I ""'J. ~ \ . ..:~:~ I =~,;:~~r=ffi ,=:t;I_,~,I~,t!"~I_~I~~_I~,I~ ~,~~lh~I_~ /,- ~ ' ... ~~. ...'" 'è!= .~~' ,,',. '["11+1° " ,'... 'CH HID ,,'i l,1 -- ¡l j I CD I- f.- I cb I II U rr ,~J 'm:¡H8 I i1 n / é' \ , -;' '" .- -- -ß'POK ~~ I n i i I I I ~ D. ., ~ ~i l C;.; ~ i ~ ~v li~ ¡~~ [.. :'= IlJrnm~~IU ~¿J~~§ - ~ ..............~ þ:" ¡ou:. '.",é" " ,. " " " " .b. ß ¡'¡r'H\ß If\~m)!lf '\:ï! P~I~~ I~~ I: ~~ I~t~ let(I(: ,I~ r~~/i~~ ~ =~I; -~'o " PORT'ON or .ogvJLJ I JJ,.clLJ \ L TITITU:"c!: ~\m ~"~rE"- Uf- ::: ~ìlj:ìI i<J~ P -I - I-i-- ^" I - ,,\-'I -- .: ~¡¡~i¡ I-f'~~ I ~r:: r" "A;PJ,:F~j~~b lfï1 H' IT n; I~ ~~ ~ I;~ tl~,:;; '~7' ., " ~""~,"):r~)~J~J\'!I'/Ir;¡, 'Þ!II,~~I~ ( ~ I ;:,=4-.='). . "")'1 1- :;..;.mIT~ " ~\ / \ . _L -- -r--=-~~ þ--= --=-.. -~; ;"., -.i~~ ~i En ~ ~ -' I $ 12"~\""JJ" I ð>JJ2' ...J L I- -" ~ ~~ ~ \:!I ~ 1\ BfoCK 4 L. +- - I r - u ~~ ~ ~ ;);ij ""'."""""","""".""'¡'lï I-~"i~¡"'" \ 1\ - I ~ -Ò- r', "t? -I- I I ~ ;¡ ~ L ...... '1 \~ . ~ 1-'-,-- ~. ~,J~ ;:10 -1---'1-::'--'- ~ ~3 iììi ~ ~ ~ ru¡ ijj ~ THIS AGREEMENT, made this 6th day of January, 1994, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, (the "City") GRANTOR, and CAPITOL INDUSTRIES, INC" a Maryland corporation, ("Capitol") Contract Purchaser, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE. WIT N E SSE S: That, WHEREAS, it is proposed by Capitol to purchase a parcel of real property on the east side of Constitution Drive, south of Virginia Beach Boulevard in Virginia Beach ("Property") and on the north side of Southern Boulevard and to construct and maintain a movie theatre building, a retail shops building, and a small bank building on the Property, or such other improvements permissible under applicable zoning ordinances; and WHEREAS, in constructing and maintaining such movie theatre, retail shops, and bank buildings, it is necessary that Capitol encroach into a portion of existing City right-of-way known as Southern Boulevard; and Capitol has requested that upon Capitol's acquisition of the Property the City grant a temporary encroachment to facilitate such improvements related to the aforesaid buildings within a portion of the City's right-of-way known as Southern Boulevard. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to Capitol and for the further consideration of One Dollar ($1.00), in hand paid, to the city, receipt of which is hereby acknowledged, the City does grant to capitol and its successors in interest a temporary encroachment to use a portion of the City's right-of-way known as Southern Boulevard to facilitate the installation, usage, and maintenance of related parking facilities, sidewalks, lighting fixtures, dumpster pad and landscaping. said approval being expressly subject to Capitol obtaining title to the property adjacent to the Southern Boulevard right-of-way, more particularly described as the property. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as Southern Boulevard as shown on that certain site plan entitled: "R/C THEATRES - MOVIES 12 COLUMBUS ENTERTAINMENT CENTER VIRGINIA BEACH, VIRGINIA," on file with the Department of Public Works, Engineering Division to which reference is made for a more particular description, and as shown on that certain plat entitled: "EXHIBIT - A SCALE: 1'=100' PROJECT COLUMBUS ENTERTAINMENT CENTER JOB NO. 23051 CLIENT R/C THEATRES DATE 12/21/93 W.P. LARGE, INC.", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon written notice by the City to Capitol or then-current owner of the Property, and that within thirty (30) days after such notice is 2 given, such temporary encroachment shall be removed from the City's right-of-way known as Southern Boulevard by Capitol or then- current owner of the Property i and that capitol or the then- current owner of the Property shall bear all costs and expenses of such removal. It is further expressly understood and agreed that Capitol or the then-current owner of the Property shall indemnify and hold harmless the City of virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than Capitol, or the then-current owner of the Property. It is further expressly understood and agreed that capitol, or the then-current owner of the Property, agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that Capitol must submit and have approved a traffic control plan before commencing work in the City's rights-of-way. 3 It is further expressly understood and agreed that Capitol agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of public Works, for final approval. It is further expressly understood and agreed that Capitol must obtain a permit from the Development Services Center prior to commencing any construction within the City's rights-of- way. It is further expressly understood and agreed that prior to issuance of a Highway permit, capitol must post a Performance Bond and show proof of public liability insurance. The amount of the bond and insurance shall be determined by the Development Services Center with review of the site development plan. It is further expressly understood and agreed that capitol connect with sanitary sewer facilities when they become available, within the time stipulated by the city and that plans must be submitted to the Department of public utilities for review. It is further expressly understood and agreed that any above ground encroachments shall conform to the minimum setbacks requirements, as established by the city Traffic Engineer's Office. It is further expressly understood and agreed that Capitol shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the 4 City Engineer's Office or the Engineering Division of the Public utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted as provided in this Agreement, may remove any such encroachment and charge the cost thereof to Capitol or the then-current owner of the Property, and collect the cost in any manner provided by law for the collection of local or state taxes; may require Capitol or the then-current owner of the Property to remove such temporary encroachment; and pending such removal, the City may charge Capitol or the then-current owner of the Property compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty on Capitol or the then-current owner of the Property in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes, The rights, benefits, burdens and obligations of Capitol shall become effective at such time as Capitol acquires fee simple title to the Property, Upon transfer of the Property by Capitol, the rights, benefits, burdens and obligations of Capitol shall be conveyed to 5 Capitol's successor-in-interest of title to the Property and Capitol shall have no liability under this Agreement except for causes of action arising, or sums due, prior to the transfer of title to the property. It is expressly understood and agreed that this Agreement is to be recorded in the Clerk's Office of the Circuit Court of the city of Virginia Beach, the same to be indexed under the City's name as Grantor and Capital's name as Grantee, it being specifically understood and agreed that this Agreement may be enforced by the city, its successors and assigns and shall run with the Property. IN WITNESS WHEREOF, the said CAPITOL INDUSTRIES, INC., a Maryland corporation, has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By city Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 6 INC" a By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the ----- day of , 19---, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 . Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the 7 - day of 19_, has acknowledged the same before me in my City and state aforesaid. GIVEN under my hand this - day of 19_. Notary Public My Commission Expires: STATE OF CITY OF , to-wit: gcolf R t!oh(y a Notary I, Public in and for the City and state aforesaid, do hereby certify that J. WAYNE ANDERSON, PRESIDENT OF OPERATIONS on behalf of CAPITOL INDUSTRIES, INC., whose name is signed to the writing, bearing date on the ~ day of JtJAJ.J.()f-/ I has acknowledged the same before me in mt City and State aforesaid. 191" . G'VEN under my hand thi, ~y Þ 7' j ) c ~ ¡c'iu Notary Public My Commission Expires: '" ,/:J ,;11 foregoing , 19 q ~ 21174041/ cUya9~.eah 8 - 23 - Item III-H.6 CONSENT AGENDA ITEM # 37594 Gerald S. Divaris, 1519 Quail Point Road, Phone: 481-3327, represented Columbus Center Associates Edward Guidos, 313 Ferdinand Circle, Phone: 490-2572, registered in OPPOSITION. Upon motion by Councilman Jones, seconded by Councilman Moss, City Council ADOPTED, upon SECOND READING: Ordinance establishing Pembro/œ Area Regional BMP-Phose 1, as Capital Project #2-223, that the project be funded by a TRANSFER of $1-Million from the General Fund balance to the Economic Development Investment Program (EDIP) (Project #2-141); and, by a subsequent TRANSFER of $1.3-Million from EDIP (Project #2-141) to the Pembroke Area Regional BMP-Phase 1 (Project #2-223). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 11, 1994 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1 2 3 4 5 AN ORDINANCE TO ESTABLISH PROJECT #2-223 PEMBROKE AREA REGIONAL BMP- PHASE I TO BE FUNDED THROUGH A $300,000 TRANSFER AND $1,000,000 FROM GENERAL FUND BALANCE 6 WHEREAS, there is a current need for a regional Best 7 Management Practice serve undeveloped properties or (BMP) to 8 redeveloped properties bounded by Pembroke the Area for 9 Independence Boulevard, virginia Beach Boulevard, Beasley Drive, and Norfolk Southern Railroad: WHEREAS, it would be for the city to advantageous establish a storm water management project with phase I of the project to include construction of a wet detention pond, a trunk line along Columbus Street, and an outfall line along Southern Boulevard in order to create this regional BMP such that the future development in will the Such served by BMP. the area be development is expected to contribute to reimbursing the cost of the BMP: WHEREAS, the cost for the Pembroke Area Regional BMP Phase I project is estimated at $1,300,000; WHEREAS, funding the project will come from a for $300,000 project Economic Development transfer from #2-141 Investment Program and $1,000,000 from General Fund Balance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the project #2-223 Pembroke Area Regional BMP-Phase I is hereby established as a capital project with appropriations totalling $1,300,000; That the project be funded by a transfer of $1,000,000 from the General Balance Economic Development Fund to the Investment Program (EDIP) #2-141, and by a subsequent transfer of $1,300,000 from the EDIP project #2-141 to the Pembroke Area Regional BMP - Phase I, project #2-223: 34 35 36 37 38 39 40 41 42 43 44 45 That any funds received from project related developer contributions will be used to reimburse General Fund Balance. This ordinance needs two readings and, if adopted after two readings, shall be effective upon adoption. Adopted by the Council of the city of Virginia Beach, Virginia 11 January on the day of , 1994, First Reading: January 4, 1994 Second Reading: January 11, 1994 CA-5420 \ORDIN\NONCODE\BMP2.0RD R-2 PREPARED: December 29, 1993 2 - 24- Item III-L PUBLIC HEARING ITEM 1137595 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. (a) EMILY OUTLAW CHANGE OF ZONING (b) GRACE BIBLE CHURCH CONDITIONAL USE PERMIT (c) EXXON CORPORATION CONDITIONAL USE PERMIT (d) CENTRO EVANGELISTICO HlSPANO CONDITIONAL USE PERMIT (e) GRAYSON M. WHITEHURST, JR. CONDITIONAL USE PERMIT if) LEWIS K. KESSER VARIANCE (g) CITY ZONING ORDINANCE AMEND AND REORDAIN Section 1001 (a) re use regulations January 11, 1994 - 25- Item III-Ll.a. PUBliC HEARING ITEM 1# 37596 PLANNING Sharon K Prescott, Department of Housing and Neighborhood Preservation, Phone: 426-5803, represented the applicant. Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council ADOPTED: ORDINANCE UPON APPLICATION OF EMILY OUTIAW FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-I2 TO R-20 ZOI94I408 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinonce upon application of Emily Outlaw for a Change of Zoning District Classification from A - I 2 Apartment District to R - 20 Residential District on the south side of Americus Avenue, 841.28 feet west of North Birdneck Road. The proposed zoning classification change to R-20 is for single family residential use. The Comprehensive Plan recommends use of this parcel for urban medium low density residential at densities that are compatible with multi-family use in accordance with other Plan policies. Said parcel is located at 1I45 Americus Avenue and contains 21,614 square feet. LYNNHAVEN BOROUGH. The Ordinonce shall be effective in accordance with Section 107 (f) of the Zoning Ordinonce. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of Januarv. Nineteen Hundred and Ninetv-Four. Voting: 9-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Louis R Jones January II, 1994 - 26- Item III-Ll b PUBliC HEARING ITEM # 37597 PLANNING Randy Royal, Engineering Services, Phone: 468-68()() Upon motion by Councilman Brazier, seconded by VIce Mayor Sessoms, City Council ADOPTED an Ordinance upon application of GRACE BIBLE CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF GRACE BIBLE CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R01941866 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI1Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Grace Bible Church for a Conditional Use Permit for a church on the southeast corner of Shore Drive and Seashell Road. Said parcel is located at 2943-2961 Shore Drive and contains 2.079 acres. LYNNHAVEN BOROUGH. The Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of VIrginia Beach, VIrginia, on the Eleventh Qf January. Nineteen Hundred and Ninetv-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louis R. Jones January 11, 1994 - 27- Item III-I.1.c PUBliC HEARING ITEM # 37598 PLANNING Carter McCrowel~ 236 Mustang Trail, Phone: 498-3602 Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of EXXON CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPUCATION OF EXXON CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION AND A CAR WASH R0I941867 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Exxon Corporation for a Conditional Use Permit for an automobile service station and a car wash on the southeast corner of Virginia Beach Boulevard and Rosemont Road. Said parcel is located at 3657 Virginia Beach Boulevard and contains 2.587 acres. LYNNHAVEN BOROUGH. The Ordinance shall be effective in accordance with Section 107 if) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of Januarv. Nineteen Hundred and Ninetv-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lonteigne, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: John D. Moss Council Members Absent: None Councilman Moss ABSTAINED and DISCLOSED pursuant to Section 2.1-639.14(E) of the Code of Virginia, he owns stock in Exxon Corporation in excess of $10,000.00 in value. Councilman Moss's letter of January 11, 1994, is hereby made a part of the record. January 11, 1994 City e>f Virgir1ia Beach JOHN D. MOSS COUNCILMAN -AT LARGE (8041498.0318 40" GLEN ROAD VIRGINIA BEACH VIRG'NIA 23452 January II, 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.l-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 the application of Exxon Corporation for a conditional use permit for an automobile service station and a car wash on the southeast comer of Virginia Beach Boulevard and Rosemont Road. 2. The nature of my interest in the transaction is that my wife and I own stock in Exxon Corporation which exceeds $10,000.00 in value. 3. The City Attorney has advised me that I am required to disclose my personal interest as it meets the criteria of a personal interest in the transaction under the Conflict of Interests Act, and that I am disqualified from participating in this transaction. - 28- Item III-ll d PUBliC HEARING ITEM #I 37599 PLANNING Burton Katzelnik, Post Office Box 64879, Phone: 474-2526, Pastor of the Church, represented the applicant Upon motion by councilman Clyburn, seconded by Councilman Brazier, City Council ADOPTED an Ordinance upon application of CENTRO EVANGEliST/CO HISPANO for a Conditional Use Permit ORDINANCE UPON APPLICATION OF CENTRO EVANGELIST/CO HISPANO FOR A CONDITIONAL USE PERMIT FOR A CHURCH R0I941868 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI7Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Centro Evangelistico Hispano for a Conditional Use Permit for a church on the east side of Kempwille Road, 78 feet more or less south of Bonneydale Road. Said parcel is located at 1308 Kempwille Road and contains 1.083 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The Conditional Use Permit is valid for two years. 2. The existing parking lot will be striped to identify parking spaces. 3. Landscaping shall be installed along Kempwille Road in the grassed areas. The Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh qf Januarv. Nineteen Hundred and Ninety-Four. Voting: 1/-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 1/, 1994 - 29- Item III-I.I e. PUBliC HEARING ITEM # 37600 PLANNING Attorney Richard Stell represented the applicant and requested a 30-day DEFERRAL. Upon motion by Councilman Brazier, seconded by Councilman Branch, City Council DEFERRED TO CITY COUNCIL SESSION OF FEBRUARY 22, 1994, Ordinance upon application of GRAYSON M. WHITEHURST, JR. for a Conditional Use Permit: ORDINANCE UPON APPliCATION OF GRAYSON M. WHITEHURST, JR., FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT (LANDFILL) Ordinance upon application of Grayson M. Whitehurst, Jr., for a Conditional Use Permit for a borrow pit (landfill) on certain property located on the east side of Oceana Boulevard, 1()()() feet more or less south of Norfollc & Southern RR Right-of-Way. Said parcel contains 45 acres. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None JanlNlry 11, 1994 - 30- Item IlI-LI.~ PUBliC HEARING ITEM II 37601 PLANNING Ba"on Kesser, 805 Atlantic Venue, Phone: 622-3884, represented the application Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council APPROVED the application of LEWIS K. KESSER for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Lewis K Kesser property is located at the northeast extremity of Paca Lane. BAYSIDE BOROUGH Voting: II-O Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January II, 1994 - 31 - Item III-L1.~. PUBUC HEARING ITEM # 37602 PLANNING Upon motion by Councilman Moss, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAlN Section 1001 (a) of the City Zoning Ordinance re use regulations. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 11, 1994 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1 2 3 4 5 AN ORDINANCE TO AMEND AND REORDAIN SECTION 1001 (a) OF THE CITY ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO USE REGULATIONS. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That section 1001 (a) of the City Zoning Ordinance is hereby 9 amended and reordained to read as follows: Sec. 1001. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the I-I and 1-2 Industrial Districts. Those uses and structures in the respective industrial districts permitted shall be as either principal uses indicted by a P or as conditional uses indicated by a C. Uses and structures indicated by an X shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use I-I 1-2 ----------------------------------------------------------------- ----------------------------------------------------------------- Airports, heliports and helistops P P Automobile service stations, provided that where there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by the district boundary have adjacent front yards, a six (6) foot solid fence with Category VI screening shall separate the automobile service station use from the adjacent residential district and no ground sign shall be within fifty (50) feet of the residential or apartment district C C 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Automotive rental, parts and supply stores provided that no outside storage is included (excluding operative equipment) p p ------------ ------------------------------------------------------ Automotive repair garages Automobile service establishments dealing exclusively in service and minor repairs of the type provided at automobile service stations Bingo Halls Borrow pits Bulk storage yards and building contractor's yards; provided that no sale or processing of scrap, salvage, or secondhand material shall be permitted in such yards; and, provided further that additional requirements as listed in section 228 are met C p p p C C C C C p ------------------------------------------------------------------- Business, medical, financial, nonprofit, professional and similar office buildings Car wash facilities, provided that: (i) No water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) A minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility Collection depots for recyclable materials Commercial parkinq lots p p C X C X R R ------------------------------------------------------------------- Eating and drinking establishments, except as specified below Eating and drinking establishments where all four of the following occur 2 p p 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 1. Alcoholic beverages are served; 2. The establishment is located within 500 feet of a residential or apartment district; 3. The establishment operates at any time between 12:00 midnight and 2:00 a.m.; 4. the establishment excludes minors (persons under 18 years of age) during any part of the day, or provides entertainment audible from adjoining property. Establishments such as linen suppliers, freight movers, communication services and canteen services Establishments which deliver merchandise in bulk by truck or van c c P P P P ------------------------------------------------------------------- Explosives manufacturing, storage and distribution Facilities for construction, maintenance and repair of vessels Firewood Preparation Facility Heavy equipment sales and service x c X P C C P P ------------------------------------------------------------------- Hotels and motels; provided the following conditions are met: (i) Frontage shall be on a major or secondary street or highway; (ii) The minimum lot size shall be forty thousand (40,000) square feet and a minimum lot width of one hundred fifty (150) feet: (iii) Density regulations of the H-1 Hotel District shall apply; (iv) Accessory uses shall be limited to eating and drinking establishments, gift shops and travel agencies; (v) Parking requirements of at least one space per one (1) lodging 3 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 unit shall be provided in addition to the requirements for an accessory use; (vi) Front yards shall have a minimum depth of thirty (30) feet and, except for necessary driveways, shall be maintained in landscaping and shall not be used for parking; (vii) Signs shall conform to the sign requirements applicable within H-1 Hotel District regulations Manufacturing, processing, extracting, packaging or fabricating establishments; provided that the following uses shall not be allowed: (i) Explosive manufacturing, storage and distribution; (ii) Petroleum processing; (iii) Processing or outside storage of salvage, scrap or junk Military installations c x P P x P ------------------------------------------------------------------- Mobile home sales Motion picture studios Petroleum processing c x P P x c ------------------------------------------------------------------- piers wharves and docks Printing, lithographic or publishing establishments Public buildings and grounds x P P P P P ------------------------------------------------------------------- Public schools, colleges and universities, and private schools, colleges and universities having similar academic curriculums Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual 4 c x 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 transformers, shall be surrounded by Category VI screening, solid except for entrances and exits and provided also, transformer vaults for underground utilities and the like shall require only category I screening, solid except for access opening Public utility transformer stations and major transmission lines and towers (fifty thousand (50,000) volts or more) P P C C ------------------------------------------------------------------- Radio or television transmission and relay stations Recreational facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise Recreational facilities other than those of an outdoor nature Repair establishments; provided that no outside storage is included (excluding mobile operative equipment) Ship supply establishments and facilities Storage or processing of salvage, scrap or junk C C C x P P P P x p x C ------------------------------------------------------------------- Terminals for freight or passengers arriving or departing by ship Vocational, technical, industrial and trade schools Wholesale and retail establishments dealing primarily in bulk materials delivered by ship, or by ship and railroad or ship and truck in combination Wholesaling, warehousing, storage or distribution 5 x p p p x p 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 establishments p p (b) Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including, but not 1 imi ted to, retail establishments, dwelling or lodging units for occupancy by owners, guards or provided that or caretakers; such dwelling lodging units shall be located above or behind principal uses in such a way that they do not interrupt commercial or industrial frontage. Adopted by the Council of the City of Virginia Beach, Virginia 11 January on the day of , 1994. CA-5375 \ORDIN\PROPOSED\45-1001.PRO R-2 NOVEMBER 29, 1993 - 32- Item III-JI. APPOINTMENTS ITEM # 37603 Upon NOMINAllON by VIce Mayor Sessoms, City Council APPOINTED: PERSONNEL BOARD Wdlùun G. Maner Unexpired thru 02/28/96 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, John D. Moss, Mayor Meyera E. Obemdorf, Nancy K Parker and VIce Mayor WIlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Paul J. Lanteigne Council Members Absent: None Councilman Lanteigne ABSTAINED as he as is an employee of the City of VIrginia Beach in the Sheriff's Department. January Il, 1994 - 33- Item III-KI. UNFINISHED BUSINESS ITEM # 37604 Councilman Baum referenced the farestry Úlnd use tax. The SÚlte lAnd EvalUllÛOn AJivisory Commission (SLEAC) recommends values for crop land and for forest land. The recommendation for the forestry values are IniJde by the Ywginla Forest Service. Councilman Baum attended the last SLEAC Meeting and they admitted the use of ÚlW Stlfe capital/zJúion rates for this imagined income stream. This IniJlœs the estimated land value high. SLEAC advised of complaints from Northern Virginia that wealthy individuals owned forestry land and the value was too low. This is a misuse of the program. The Real Estate Assessor will provide correspondence from the YwginÜl Forest Service and discussion relative the forestry Úlnd use tax poUcy will be SCHEDULED for the City Council Ses~'ion in February January 11, 1994 - 34- Item III-K2. UNFINISHED BUSINESS ITEM # 37605 ADD-ON Counâlman Lanteigne distributed copies of a request to the General Assembly to study ways to encourage property owners to maintain their property in agriculture and on forestal use. Incentives would include, but not be limited to, legislation that would: 1. Allow the locality to further reduce or defer the property tax on qualifying forestal property, but would provide taxation, in some form, at the time the timber is harvested. 2. A reduction or defe"al of State inheritance tax for family members who inherit agriculture and/or forestal lands and maintain that property in agriculture and/or forest use. BY CONSENSUs, City Council concurred with allowing the General Assembly study this issue. January 11, 1994 - 35 - Item [[[-L.1. NEW BUSINESS ITEM II 37606 Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council ADOPTED: Resolution authorizing and directing the City Manager to enter into negotiations with the United States Governmen~ Department of the Navy, to determine if the Navy is willing to make available to the City of Virginia Beach, by lease or other arrangement, two (2) parcels of property located in the General Booth Boulevard/Birdneck Road corridor for use by the City as satelUte parking faciUties providing additional parking for visitors to the Resort Area, the Virginia Marine &ience Museum and other recreational facilities located in or near the Resort Area during periods of peak demand. (Sponsored by Councilman James W Brazier, Jr.) Voting: 11-0 Council Members Voting Aye: John A. Bawn, Linwood O. Branch, III, James W Brazier, Jr., Robert W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 11, 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Requested by Councilmember James W. Brazier, Jr. A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO NEGOTIATIONS WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF THE NAVY, TO DETERMINE IF THE NAVY IS WILLING TO MAKE AVAILABLE TO THE CITY OF VIRGINIA BEACH TWO PARCELS OF PROPERTY LOCATED IN THE GENERAL BOOTH BOULEVARDjBIRDNECK ROAD CORRIDOR FOR USE BY THE CITY AS SATELLITE PARKING FACILITIES THAT WOULD PROVIDE ADDITIONAL PARKING FOR VISITORS TO THE RESORT AREA, AND TO THE VIRGINIA MARINE SCIENCE MUSEUM AND OTHER RECREATIONAL FACILITIES LOCATED IN OR NEAR THE RESORT AREA, DURING PERIODS OF PEAK DEMAND WHEREAS, there is a substantial shortage of available parking in the Resort Area during periods of peak demand; WHEREAS, during periods of peak demand, the Virginia Marine Science Museum and other recreational facilities located in or near the Resort Area also experience a substantial shortage of available parking; WHEREAS, the united States Government, Department of the Navy, two (2) parcels of property in the General Booth owns BoulevardjBirdneck Road corridor that are not presently being used by the Navy; and WHEREAS, City Council is in determining interested whether these parcels could be made available to the city of Virginia Beach, by lease or other arrangement, for use by the city as satellite parking facili ties that would provide additional parking for visitors to the Resort Area, and to the Marine Science Museum and other recreational facilities located in or near the Resort Area, during these periods of peak demand. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed to enter into negotiations with the united States Government, Department of the Navy, to determine if the Navy is willing to make available City Virginia other lease Beach, by of the to or 38 arrangement, two (2) parcels of property located in the General 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Booth Boulevard/Birdneck Road corridor, particularly as more identified in Exhibit "A", which is attached hereto and hereby incorporated by reference, for use by the City as satellite parking facilities that would provide additional parking for visitors to the Resort Area, and to the Virginia Marine Science Museum and other recreational facilities located in or near the Resort Area, during periods of peak demand. BE IT FURTHER RESOLVED: That the city Manager is hereby directed to return to the Council on or before March 31, 1994, to advise the Council whether or not he was able to reach a tentative arrangement with the Navy for use of the aforementioned parcels by the city for the purpose set forth herein and, if so, to make a recommendation to the Council for Council's consideration. Adopted by the Council of the City of Virginia Beach, Virginia, on the January , 1994. 11 day of CA-5429 ORDIN\NONCODE\SATPARK.RES R-2 PREPARED: 01/06/94 2 - 36- Item III-L.2. NEW BUSINESS ITEM # 37607 BY CONSENSUS, City Council SCHEDULED: IWrol Preservation Area Tuesday, January 25, I994 6:00 PM. January II, 1994 - 37- Item [[[-M.l. RECESS INTO EXECUTIVE SESSION ITEM # 37608 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: LEGAL MAITERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to aäual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To- Wit: Flow Control Legislation Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, [[1, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 11, 1994 - 38- Item III-N.I. ITEM II 37609 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, JanUilry II, 1994, at 5:48 P.M. Council Members Present: John A. Hawn, Linwood O. Branch, Ill, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and VIce Mayor William D. Sessoms, Jr. Council Members Absent: None JanUilry II, 1994 - 39- Item III-N.2 CER77FlCATION OF EXECUTIVE SESSION ITEM # 37610 Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council CER77FIED mE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH mE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None January 11, 1994 1!{rønluttnu 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 # 37608, Page No. 37, and in accordance with the provisions of The Virginia Freedom of Infonnation Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in confonnity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. (âu~~~~ R Hodges SmIth, éMC/AAE City Clerk January 11, 1994 -40- Item II/-O.1. ADJOURNMENT ITEM # 376// Upon motion by Councilman Baurn and BY CONSENSUS, City Council ADJOURNED at 5:50 P.M. ~_a¿~__-- Beverly O. Hooks, CMC Chief Deputy City Clerk ~~~--- City Clerk -------------------------- Meyera E. Obemdorf Mayor City of Virginia Beach Virginia January II, 1994 off 375L 7 Copy: Honorable Members of City Council / - ~-- - /ì'- . . ~?J:~ SOUTHEASTERN PUBLIC SERVICE AUTHORITY ~F VIRGINIA CHESAPEAKE' fRANKlIN' ISlE Of WIGHT' NORfOlK' PORTSMOUTH' SOUTHAMPTON' SUffOlK' VIRGINIA BEACH February 10, 1994 Mr. James K. Spore City Manager City of Virginia Beach Municipal Center Virginia Beach, VA 23456-9099 Dear Jim: I am writing in reference to the resolution adopted by the Virginia Beach City Council entitled "A RESOLUTION REQUESTING THE SOUTHEASTERN PUBLIC SERVICE AUTHORITY TO EVALUATE OPTIONS CONCERNING A MATERIALS RECOVERY FACILITY," and to your letter of February 1, 1994, pertaining to the resolution. As a result of the resolution and your letter, I have requested SPSA's independent engineer to prepare an evaluation of the various alternatives available pertaining to the planned materials recovery facility. This study will likewise address the six questions which you raise in your letter of February 1, 1994, We have prepared by SPSA staff a pro-forma for the operation of a materials recovery facility and we likewise have available to us the work done by Gershman, Brickner, and Bratton, Inc., in the "Regional Recycling Feasibility Study" dated April 17, 1989. In view of your City Council's request and your letter, I have requested R.W. Beck to update all of the earlier work and to respond to the questions which you have raised. The firm of R.W. Beck has substantial experience in the evaluation of materials recovery facilities throughout the United States.' They are a highly competent national firm and we are confident in their ability to perform. I plan to utilize money from the $4.5 million which we have in hand to fund the R.W. Beck study. Sincerely, ~ Durwood S. Curling Executive Director DSC:am cc: SPSA Board of Directors Alternate Members 'HI RlCIONAI 'UIlo"O. '" WOOD"'" DIIYI . CH!SA""'. VIBCIN" 2"'."". '"'" """00 M"UNCADo"" "0.'O"""0"""A"."'O""2"".""