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MARCH 12, 1991 MINUTES City C>:I Virgi~ia I3eac "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-La,ge VICE MAYOR ROBERT E. FENTRESS, V"g;n;a Beach &ough JOHN A. BAUM, Blackwater &rough JAMES W. BRAZIER, jR., Lynnhaven &ough ROBERT W. CLYBURN, KempsmUe &mugh HAROLD HEISCHOBER, At-La'ge LOUIS R. JONES, Bay"de &mugh PAUL J. LANTEIGNE, Pungo &ough REBA S. McCLANAN, Princess Anne &rough NANCY K PARKER, At-La'ge WILLIAM D. SESSOMS, jR., At.L",ge AUBREY V. WATTS, JR., City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, CMCIAAE, C;ty CI"k CITY COUNCIL AGENDA 281 CITY HALL BUIWING MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23456-9005 (804) 427-4303 M,6RCH 12, 1991 ITEM I. C IlY MANAGER'S ER I EF I NG - Council Chamber - 1:00 PM A. I i 1991 SPRING ADVERTISING CAMPAIGN i James B. Ricketts, Director, Convention and Visitor De~elopment I I TEM II. I NF<RMAL SESS ION - Council Cham~er - 1:30 PM A. CALL TO <RDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUT I VE SESS ION ITEM III. FORMAL SESS ION - Councl I Chamb~r - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Stanley W. Sawyer All Saints Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF A ERICA D. ELEC1RONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - March 5, 1991 G. PUBLIC HEARING 1. AMENDMENT OF SECTION 3.2 OF THE SITE PLAN ffiDINA ERE FEES Fffi SITE PLAN REVIEW IN CHESAPEAKE BAY FRESERVATION ARE S. H. CONSENT AGENDA A II matters listed under the Consent Agenda are con I dered I n the ordinary course of business by City Council and will be enacted by one motion In the form listed. If an Item Is removed f om the Consent Agenda, It wi I I be discussed and voted upon separately. 1. Ordinance to authorize acquisition of property in Ifee simple for right-of-way and the acquisition of temporary land permanent easements of right-of-way, either by agreement or cO~demnatlon, for West Neck Bridge (CIP 2-040). 2. Ordinances, upon SECOND READING: a. AMEND and RE(RDAIN Section 35-159 of the Code ~f the City of Virginia Beach, Virginia, re tax levy on hotel/mqteJ lodging. b. APFROFRIATE $27,500 into a special fund in th~ FY 1990-1990 Operating Budget re financing an entertainment ~rogram at the Resort Area. c. APFROFRIATE $500,000 from Virginia Housing ~nd Community Development for housl ng rehablll tatl on; and aythorl zi ng the City Manager to execute appropriate agreements. . d. APFROFR lATE $55,000 from U. S. Department of HOUj'i ng and Urban Development re homeless assistance actlvltl s; and, to authorize the City Manager to execute the necessa,y agreements. e. APFROFR lATE $21,000 in CDBG Funds from the U. S. jDepartmen~ of Housl ng and Urban Deve I opment to the Department olf Housi ng and Neighborhood Preservation re Emergency Hou~ing Repair, emergency assistance and prevention of homelessne~s. f. APFROFRIATE $44,905 in Rental Rehabi I itation P~ogram Income funds re continuation of the rental rehabllltatlonj program. g. APFROFRIATE a donation of $150 from the American A~sociation of Retired Persons to Community Development Loan and ~rant fund re use in housing rehabilitation programs. 3. Ordinance, upon FIRST READING: ACCEPT and APFROFRIATE $28,250 from the Commonwealth 0 Virginia to the Fi re Department re purchase of a utomat I c defl brill ators; and, ]RANSFBR $28,250 from the FY 1990-1991 Fire Progr ms Fund to provide the necessary fi fty percent (50%) match for th Grant. 4. Ordinance authorizing license refunds In the amount of $4,383.40. I. PUBLIC HEAR ING 1. PLANN ING a. Authorization for enlargement of a nonconformi~g use at 38th street and Pacific Avenue <3800 Pacific Avenue), containing 11.63 acres, property of Princess Anne Country Club (VIRGINIA BEACH BffiOUGH). b. Application of EASTER SEAL SOCIETY OF VIRGINI~, INC. for a Conditional Use Permit for a recreational f ci lit of an outdoor nature (outdoor concerts) at the North est corner of Phoenix Drive and Guardian Lane, containing 4 acres more or less (LYNNHAVEN BffiOUGH). Deferred: February 26, 1991 Recommendation: APPROVAL c. Application of Mill'S LAWN AND GARDEN SHOP, INC. for a Conditional Use Permit for a smal I en ine re air establishment on the Northwest si de of Baxter Road, 1400 fee more or less Southwest of Independence Boul evard (4750 ~axter Road), containing 3.657 acres (KEMPSVILLE BffiOUGH). Recommendation: APPROVAL d. Application of EIGHT Ca.tMERCE PROPERTIES and RICHARD M. WAlTZER for a Conditional Zonln Classification from R-7.5 Resl dentl al 01 strict to B-2 Communlt Business 01 strict at the Southeast Intersection of Bonney Ro d and South Witchduck Road, containing 5.68 acres (KEMPSVILLE BffiOUGH). Recommendation: APPROVAL e. Ordinance for the discontinuance closure and a andonment of the following parcels in the petition of the cn OF VIRGINIA BEACH (ffiINCESS ANNE BCROUGH): Parcel 1: Closure of an unimproved 30-foot road Ibeginnlng 680 feet more or I ess Northwest of the Western Boun~ary of James Madison Boulevard and running in a Northwesterly dlirectlon of a distance of 395 feet more or less. Parcel 2: Closure of the Western terminus of ~rthouse Drive beginning at the Eastern boundary of Parcel 1 andl running in a Southeasterly direction a distance of 200 feet mor~ or less. Deferred for compliance: 180 Day Extension: Apri I 23, 1990 September 4, 1990 Recommendation: DEFER INDEFINITELY f. Ordinances to AMEND and REORDAIN: 1. Article 2, Section 253 of the City Zoning Ordi ance re open space promotion requirements. for single review In 2. Section 3.2 of the SI te PI an Ordi nance family dwellings, et cetera, site Chesapeake Bay Preservation areas. Recommendation: APPROVAL 3/7 /91 gs J. UNFINISHED BUSINESS K. NEW BUSINESS 1. INTERIM FINANCIAL STATEMENTS July 1,1990 - January 31,1991 Gi les G. Dodd, Assistant City Manager for Administ~ation L. AD JOlRtf.1ENT MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 12, 1991 Mayor Meyera Oberndorf called to order the CITY MANAGER'S BRIEFI G SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hal Building, on Tuesday, March 12, 1991, at 1:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf and William D. Sessoms, Jr. Council Members Absent: Nancy K. Parker (ENTERED: 1:05 P.M.) - 2 - C I T Y MAN AGE R ' S B R I E FIN G 1991 SPRING ADVERTISING CAMPAIGN 1:00 P.M. ITEM # 34183 , Mr. James B. Ricketts, Director Department of Conventioq and Visitor , Development, advised the 1990 Tourism Season was not as exciti~g an industry as usual and certainly this was no exception in Virginia Beaqh. Basically, tourism was down approximately 3%. INFLUENCING FACTORS IN 1990: Economy/Recession Bad publicity/Greekfest Traffic/Hampton Roads Bridge Tunnel Competition. The City experienced a 25% decline in visitors out of the New Yor~ Metropolitan area. The Hotel Sales in the Summer of 1990 were down to 3.4% and on a~ annual basis there was a decline of 3.5%. Restaurant Sales increased 2.2% f~r the Summer with an increase of 3.5% on an annual basis. There was a decline in City-Wide Hotel Occupancy during the Summ~r of 76% and on an annual basis 58%. The Nation-wide Hotel Occupancy is ! 64.5%. The Williamsburg annual occupancy in 1990 was 52.8%. In terms of! Room Nights Booked, there was a slight decline in the summer and also, on an ~nnual basis, they just about broke even, although down slightly. There was an increase of 28% last year of Annual inquiries to, the Visitor Information Center last year. This was due primarily to City Counc~l's decision to increase advertising funds by $400,000. This was certainly a spund decision as those advertising dollars did attract close to 70,000 more vi~itors to the City directly because of the advertising. A. Palmer Farley, Executive Vice President - Baker Campbell and Farley, described the Advertising Program for Spring 1991. Two key fac ors are the creative and media programs. Mr. Farley outlined the following: MARKETING OBJECTIVES Increase Occupancy on a 2% annual basis with special emphasis in June Continue to improve the quality of the Visitor Expand the "shoulder season" Extend the stay beyond the 4.6 average night ADVERTISING OBJECTIVES Increase awareness with non-visitors Increase the "1-800" inquiries Maximize advertising investment. return on Increase visitor's influence by advertising beyond 540,000 as pointed out in the Boardwalk Survey. - 3 - C I T Y MAN AGE R 's B R I E FIN G 1991 SPRING ADVERTISING CAMPAIGN ITEM # 34183 (Continued) The majority of the visitors are between the age of 25 and 44 w'th an average household income of $48,000. 68% of the visitors are married an the majority have children under the age of eighteen. Essentially 83% of th visitors are coming from the northeastern corridor. People are spending less time planning vacations. Seventy-one percent (71%) are spending less than two m nths and more importantly 53% are spending less than a month. Pete Leddy, Account Supervisor - Baker Campbell and Farley, adv'sed there are several trends in the travel industry. As previously deline ted, vacation planning times are becoming shorter. Travel agents, motor clubs and toll-free numbers are making it all easier to plan vacations in less tim . People are traveling shorter distances. Sixty percent (60%) of 1990 vacatio s were within 300 miles of home. The average length of stay has decreased in the past few years because of more two-income families and tighter work schedu es. The Agency will be targeting infrequent visitors and non-visito s to instill "brand loyalty". Once someone has visited the Beach, they are l'kely to come back. The Agency will concentrate on close-in markets. In ight of the uncertain economy, the opportunity for return on investment i greatest in these markets. The Agency will sell the experience based on what visitors like best about the beach. From the overnight visitors profile, it w s determined, people consider Virginia Beach to be clean, have a beautiful ocean and a variety of activities Bill Campbell, Executive Vice President - Creative Director _ B and Farley, advised the Creative Strategies: Position Virginia Be clean beach resort with a variety of fun things to do - a grea memorable vacation. This resulted in three simple statements: Virginia Beach is Good Virginia Beach is Clean Virginia Beach is Fun (VIRGINIA BEACH IS GOOD CLEAN FUN) Mr. Campbell showed television spots of ten and thirty second depict this translation. The new Telephone Number I-800-VA BEA memorable and exciting concept. ker Campbell ch as a nice place for a urations to presents a Mr. Campbell displayed examples of the print advertising. There ill be four adds in succession. On each page, there will be another ad. The f'rst page ad would be "Virginia Beach is Good" - "There'll Be Good Times A PIe ty With All the Variety of a Major City"; second page: "Virginia Beach is Clea " _ "Make A Clean Getaway For Romance and Relaxation."; third page: "Virginia ach Is Fun" - "Every Day Can Be As Fun Packed As You Want". The ads are com ined into a 'half page ad: "Virginia Beach Is Good Clean Fun". This same ad wi 1 be run in Parade Magazine in a 'half page version and 2/3 page in magazi es such as Better Homes and Gardens. A 'half page ad will appear in newspapers at the start of the campaign. This will be reduced to a 1/4 page ad as he campaign continues. Approximately mid-May, a smaller ad will appear: "T e Ocean Is Calling, Maybe It's Time You Did The Same" followed by the Telepho e Number 1- 800-VA BEACH. This is designed to appeal to the last minute vacatio planner. Mr. Campbell displayed the envelope carrying the slogan "Virginia Bach Is Good Clean Fun.", which is utilized to respond to inquiries. As the 0 d brochures are depleted, new brochures emphasizing the theme will be utilized. When the visitor arrives at the Visitor's Center, they will be g eeted by a "back lit Scanner Mural" again emphasizing the theme: "Virginia B ch Is Good Clean Fun." - 4 - C I T Y MAN AGE R 's B R I E FIN G 1991 SPRING ADVERTISING CAMPAIGN ITEM # 34183 (Continued) Steve Lansing, Vice President - Media Director - Baker Camp be 1 and Farley, advised when a media plan is prepared, four (4) basic ques ions must be answered: Who do we want to reach with the advertising? Tend to be adults 25-44 with household incomes of $40,000 or more. When do we want to reach them? Advertising will be concentrated mid-March through June, since 71% of the populous plan within two months of their visit. Where do we reach them? A quadrant analysis was utilized to identify markets. How much emphasis do we place in each market area? Determined by the boardwalk survey data. The "A" markets are those that rank the highest (Washington, Richm nd, Roanoke, Pittsburg and Harrisburg television markets.) These markets represent 40% of all the visitor spending. The "A", "B" and "c" markets combin d, which are thirteen television markets account for 80% of visitor spending at the Beach. Mr. Lansing advised the basic elements in the Media Plan are 4 newspapers, 285 insertions and there will be spot television in the "A" mar ets. The new Telephone Number will make television a stronger response vehicl . Television in the five key markets will kick-off the week of April Se en for five consecutive weeks. Magazines, Parade and USA Weekend are distribu ed in Sunday newspapers and thus provide an efficient way to broaden our newspa er coverage. Family Circle, Better Homes and Gardens and Ladies Home Journ 1 have been utilized in the past and generated nearly 45,000 increased inqui ies in 1990 and are, therefore, proven vehicles. Triple A World Potomac and Mi dIe Atlantic Country are both running editorial features on Virginia Beach in their April issues. Approximately 6% of the visitors come from Canada. Newspa er ads have been placed in the four largest cities in eastern Canada: Otto a, Toronto, Montreal and Quebec City. With reference to expanding the market on an international basis, r. Ricketts advised when times are normal with international travel, Hester Wat rfield will go to Europe twice a year on trade missions with the State of irglnla. A limited amount of advertising, through publications and an i ternational brochure has been developed. There are seven international pack ges out of England, Germany and France. The Department is currently working with Japan. The efforts are now in conjunction with the State Department of ourism that has the connections with Pan Am and some of the major airlines to d velop these packages. In the next year or two, the Department will becom much more aggressive in this field. A very complimentary article from a Flint, Michigan, newspaper, ref ecting upon a vacation to Virginia Beach, was given to Mr. Ricketts from ouncilwoman Parker. - 5 - C I T Y MAN AGE R 's B R I E FIN G 1991 SPRING ADVERTISING CAMPAIGN ITEM # 34183 (Continued) Mayor Oberndorf inquired concerning a brochure emphasizing the "shoulder months" and activities such as the International Off-shore Pow r Boat Races, Neptune Festival and the Strawberry Festival. Mr. Ricketts ad vi ed a Calendar of Events has been compiled by the private sector, which will be direct mailed to approximately 110,000 individuals. The Department is also inv stigating the type of brochure indicated, which focuses on the major events for Virginia Beach. In the meantime, individual brochures are available 0 the Neptune Festival and the Strawberry Festival. Mr. Ricketts advised Counc'lman Sessoms, during the weekend of the Off-shore Power Boat Races, five trave writers from Canada will be hosted by the City. Councilwoman McClanan advised there was an outstanding article la t year in the New York Times concerning Virginia Beach. Councilman Lanteigne distributed copies of a memorandum prepare by the City Attorney listing the City Code sections, which regulate cert in activities during the summer season, noting the inclusive dates spec fied in the respective ordinances. There are six or seven different "seaso s". Perhaps, some of these could be consolidated as this is an "enforcement ni htmare". Said information is hereby made a part of the record. Mr. Ricketts mi ht be able to provide information, as well as the new "Special Events" group. Mayor Oberndorf expressed appreciation to Barker Campbell and Farley for their very professional presentation and their continued sensitivity 0 the ethnic diversity in the City. - 6 - ITEM # 34184 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was call d to order by Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on Tuesday, March II, 1991, at 1:45 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None - 7 - ITEM # 34185 Mayor Meyera E. Oberndorf entertained a motion to permit Ci y conduct its EXECUTIVE SESSION, pursuant to Section 2.1-34, Virginia, as amended, for the following purposes: Council to Code of 1. PERSONNEL MATTERS: Discussion or consideration of or nterviews of prospective candidates for employment, assignment, appointme t, promotion, performance, demotion, salaries, disciplining or resignati n of specific public officers, appointees, or employees pursuant to Secti n 2.1-344 (A) (1). To-Wit: Appointments: Erosion Commission and the rincess Anne Country Tricentennial Committee Upon motion by Vice Mayor Fentress, seconded by Councilman lyburn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent None - 8 - FOR MAL S E S S ION VIRGINIA BEACH CITY COUNCIL March 12, 1991 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of BEACH CITY COUNCIL in the Council Chambers, City Hall Building March 12, 1991, at 2:00 P.M. Council Members Present: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: None INVOCATION: Reverend Stanley W. Sawyer All Saints Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA he VIRGINIA on Tuesday, - 9 - Item III-E.l. CERTIFICATION OF EXECUTIVE SESSION ITEM # 34186 Upon motion by Vice Mayor Fentress, seconded by Councilman essoms, 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, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Itsulutiuu CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into SESSION, pursuant to the affirmative vote recorded in ITEM Page No. 7 and in accordance with the provisions of The Freedom of Information Act; and, XECUTIVE # 34185, Virginia WHEREAS: Section 2.1-344.1 of the Code of Virginia re uires a certification by the governing body that such Executive Ses ion was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Be ch City Council hereby certifies that, to the best of each member's kn wledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Se sion to which this certification resolution applies; and, (b) only suc public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by irginia Beach City Council. Sfth~;;t.%lc7fAE City Clerk March 12, 1991 - 10 - Item III-F. 1. MINUTES ITEM # 34187 Upon motion by Councilman Clyburn, seconded by Councilwoman Council DEFERRED the Minutes of the INFORMAL AND FORMAL SESSIONS 1991, until the City Council Meeting of March 26, 1991. corrections were delineated: Parker, City of March 5, he following COMPREHENSIVE LAND USE PLAN, ITEM # 34153, Page 7. Page 34 (Page lI-F. 8, Comprehensive Plan Draft). The "public use" shall be inserted before the verbiage courses" .- ords , golf COMPREHENSIVE LAND USE PLAN, ITEM # 34162, Page 19: Corrections and Adjustments to Document dated February 28, 1991 The words "of water" shall availability" . be added after the word: "and Page 9 PUBLIC FACILITIES (Page II-E-15 of Comprehensi ve Plan Draft). The sentence: "The pote impact and availability of water, including fire demand, of a proposed development upon the City's ter supply should be a critical element in any zoning decision." This sentence shall be a separate paragrap to show emphasis. Open Space Page 34 (Page lI-F.8, Comprehensive Plan Draft). The w rds "public use" shall be inserted before the verbiage " olf courses". Page 22, ITEM # 34162, TRANSITION AREA 1 The number 70/ shall be DELETED before the verbiage '30% of the land use area of the project." The description and four-part test of Transition Ar a I and II shall be made a part of the proceedings. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 11 - Item III-G.!. PUBLIC HEARING ITEM # 34188 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: AMENDMENT OF SECTION 3.2 OF THE SITE PLAN ORDINANCE RE FEES FOR SITE PLAN REVIEW IN CHESAPEAKE BA Y PRESERVATION AREAS. There being no speakers, the Mayor CLOSED the PUBLIC HEARING. u - 12 - Item III-H. CONSENT AGENDA ITEM # 34189 Upon motion by Vice Mayor Fentress, seconded by Councilman essoms, City Council APPROVED in ONE MOTION Items 2.c.d.e.f.g, 3 and 4 of the CONSENT AGENDA. Items 1, 2a. and b. were voted upon separately. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 13 - Item III-H.l. CONSENT AGENDA ITEM # 34190 Upon motion by Councilman Heischober, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize acquisition of property in fee simple for right-of-way and the acquisition of temporary and permanent easements of right-of-way, either by agreement or condemnation, for West Neck Bridge (CIP 2-040). Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 J.. 2 AN ORDINANCE TO AUTHORIZE ACQUISITION F PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY F R WEST NECK BRIDGE CIP 2-040 AND THE ACQUISITI N OF TEMPORARY AND PERMANENT EASEMENTS OF RIG T OF V1AY, EITHER BY AGREEMENT OR CONDEMNATION 3 4 5 6 WHEREAS, in the opinion of the Council of the City of 7 Virginia Beach, Virginia, a public necessity exis s for the 8 construction of this important roadway to provide tr nsportation 9 and for other public purposes for the preservation of the safety, 10 heal th, peace, good order, comfort, convenience, and for the 11 welfare of the people in the City of Virginia Beach: 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL. OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA: 14 Section 1. That the City of Virginia Beac is hereby 15 authorized to acquire by purchase or condemnation ursuant to 16 Sections 15.1-236, et seg., 15.1-898, 15.1-899, and S ction 33.1- 17 89, et seg., Code of Virginia of 1950, as amended, all hat certain 18 real property in fee simple, including temporary an permanent 19 easements of right of way as shown on the plat entitle "WEST NECK 20 BRIDGE CIP NO. 2-040," this plat being Office of 21 Real Estate Department of Public Works, Virginia Beach, Virginia. 22 Section 2, That the City Manager is hereby authorized 23 to make or cause to be made on behalf of the Ci ty f Virginia 28 That an emergency is hereby declared to institute 24 Beach, to the extent that funds are available, able offer 25 to the owners or persons having an interest in sai lands, if 26 refused, the City Attorney is hereby authorized t 27 proceedings to condemn said property. t and this 29 ordinance shall be in force and effect from te of its 30 adoption. 31 32 Virginia, on the Adopted by the council of the City of Virgin'a Beach, 12 March day of _ fP~~-~:L ~ r 33 34 35 CA-4135 NONCODE\CA-4135.0RD R-l DEPARTMENT lC rn Ul -i ~ n " ~ o 0: W Z "L- <r -, (I' . . \ \ , , \. . " , WEST NECK RD. d 0: U) ;;: 0: ~ ------ WEST NECK BRIDGE ClaPa NOa 2-040 j~"J \ , I I I , , __.1 I I , , , , ~\ I',' I Jr~ ro/~')--~-' I " ,I ,I SCALE 1"=1600' PREPARED BY . DRAFT. 2/13/91 - 14 - Item III-H.2.a. CONSENT AGENDA ITEM # 34191 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0905, spoke in OPPOSI ION Upon motion by Vice Mayor Fentress, seconded by Councilman Council ADOPTED, upon SECOND READING: Ordinance to AMEND and REORDAIN Section 35-159 of the Code of the City of Virginia Beach, Virginia, re tax levy on hotel/motel lodging. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None City 1 2 3 4 AN ORDINANCE TO AMEND AND REORDAIN SECTION 35-159 OF THE CODE OF THE CITY F VIRGINIA BEACH, VIRGINIA PERTAINING TO THE TAX LEVY ON HOTEL/MOTEL LODGING 5 BE IT ORDAINED BY THE COUNCIL OF THE CIT OF VIRGINIA 6 BEACH, VIRGINIA THAT SECTION 35-159 OF THE CODE OF VIRGINIA BEACH, 7 VIRGINIA IS HEREBY AMENDED AND REORDAINED AS FOLLOWS: 8 Section 35-159 - Levied; amount. 9 There is hereby levied and imposed On eac transient a 10 tax equivalent to four and one-half (1.5) five (5.0) ercent of the 11 total amount paid for lodging, by or for any such transient, to any 12 hotel. 13 This tax rate effective Ma 1 1991 shall remain in 14 effect until Ma 1 1992 at which time one- 15 half (0.5) percent. 16 ~ The tax rateT of four and one-half 17 effective January 1, 1989, shall thereafter remain in effect until 18 June 30, 2005 at which time it shall be reduced by one-half (0.5) 19 percent. 20 This ordinance shall be effective on May 1, 1991. 21 Adopted by the Council of the City of Vir inia Beach, 22 Virginia on the ~ day of March , 1991. 23 First Reading: March 5. 1991 24 Second Reading: March 12, 1991 25 CA-4127 26 \ordin\proposed\35-159.ord 27 R-3 - 15 - Item III-H.2.b. CONSENT AGENDA ITEM # 34192 Maurice B. Jackson, 1125 Ditchley Road, Phone: 428-1470, spoke n SUPPORT of the Ordinance. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in 0 POSITION Upon motion by Vice Mayor Fentress, seconded by Councilman essoms, City Council ADOPTED, upon SECOND READING: Ordinance to fund in the financing an Area. APPROPRIATE $27,500 into a special FY 1990-1990 Operating Budget re entertainment program at the Resort Voting: 9-2 Council Members Voting Aye: John A. Baum, Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: James W. Brazier, Jr. and Reba S. McClanan* Council Members Absent: None ~~Verbal Nay 1 2 3 4 AN ORDINANCE TO APPROPRIATE $27,500 TO BE COLLEC ED IN FY 1991 FROM THE ONE-HALF CENT INCREASE IN THE T X ON TRANSIENTS OBTAINING LODGING AND TO PROVIDE A CITY TCH OF REVENUES COLLECTED TO SUPPORT A CITY WIDE ENTERTAINM PROGRAM 6 percent increase in the Hotel/Motel Tax rate to begin May order to 5 WHEREAS, the Hotel/Motel Association has requested year 1/2 8 sporting events, festivals, and other family entertainments; 7 support an entertainment program for the City of Virginia Beach which will provide 9 WHEREAS, this increase will result in a Hotel/Motel oom tax rate of 5.0 10 percent of the total amount paid for lodging effective May 1, 19 1; 11 WHEREAS, it is estimated that this revenue will gene ate $27,500 in FY 12 1991 and approximately $454,820 in FY 1992 for a total of $482,32 during the time 13 the rate increase is in place; 14 WHEREAS, the City will provide, effective July 1, 199 , funds to match 15 the revenue generated by the 1/2 percent Hotel/Motel Room tax inc the 16 match to be at a rate of 50 percent of each dollar collected up t $200,000 and 17 shall remain in effect until May 1, 1992 at which time the match 18 reconsidered by the City Council during the FY 1992-93 Operating B dget discussions; 19 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF TH CITY OF VIRGINIA 20 BEACH, VIRGINIA that $27,500 be appropriated into a special fund i the FY 1990-91 21 Operating Budget for the purposes of financing a city wide enterta'nment program. 22 BE IT FURTHER ORDAINED THAT, the City of Virginia Beach Virginia will 23 provide a match of the revenues generated by the 1/2 percent Hotel/ otel Room Tax 24 with the match to be a rate of 50% of each dollar generated up to $ 00,000 and shall 25 remain in effect until May 1, 1992. 26 This ordinance shall be effective from the day of its a ption. 27 Adopted on this day March 12 , 1991. 28 First Reading: March 5, 1991 29 Second Reading: March 12, 1991 - 16 - Item III-H.2.c. CONSENT AGENDA ITEM # 34193 Upon motion by Vice Mayor Fentress, seconded by Councilman essoms, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE $500,000 from Virginia Housing and Community Development for housing rehabilitation; and authorizing the City Manager to execute appropriate agreements. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 ORDINANCE TO ACCEPT AND APPROPRIATE $500, 00 FROM THE VIRGINIA HOUSING PARTNERSHIP FU 0 FOR HOUSING REHABILITATION 2 WHEREAS, the Department of Housing and Neighborhood 3 Preservation operates housing rehabilitation pr~grams for the 4 benefit of the citizens of Virginia Beach, and 5 WHEREAS, the Virginia Department of 8 Rehabilitation Loan Program, and made ousing and 6 Community Development has notified the City that 7 available 5500,000 for the continued operation of a L cal Housing 9 WHEREAS, the Department of Housing and reighborhood 10 Preservation is currently operating such a progr m and will 11 continue it with the use of these funds, 12 NOW, THEREFORE BE IT ORDAINED THAT THE CO NCIL OF THE 13 CITY OF VIRGINIA BEACH accepts and appropriates $500,000 for use 14 as specified by the Virginia Department of Housing and Community 15 Development, and 16 BE IT FURTHER RESOLVED THAT the City 1anager is 17 authorized to execute an agreement to carry out such p ogram. 18 Adopted by the Council of the City of Virg nia Beach this __l~____ day of March ------------ , 1 9~'l _ Approved as to Content Approved a ~;l Attorney ~' ---- ~--- ----~~ Marya . Ustick, Director Departfent of Housing and Neighborhood Preservation City March 5, 1991 ---------------------- First RE:'ad i ng March 12, 1991 ---------------------- Second Reading - 17 - Item III-H.2.d. CONSENT AGENDA ITEM # 34194 Upon motion by Vice Mayor Fentress, seconded by Councilman essoms, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE $55,000 from U. S. Department of Housing and Urban Development re homeless assistance activities; and, to authorize the City Manager to execute the necessary agreements. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORDINANCE TO ACCEPT AND APPROPRIATE $55,000 FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN D VELOPMENT FOR HOMELESS ASSISTANCE ACTIVITIES AND TO AU HORIZE THE CITY MANAGER TO EXECUTE AGREEMENTS REGARDING SUCH FUNDS 1 2 WHEREAS, the Stewart B. Mckinney Homeless ssistance Act 3 provides funds to local governments and others for homeless 4 assistance activities, and 5 WHEREAS, the U.S. Department of Housing and Urban 6 Development has notified the City that Emergency Shelter Grant 7 funds under this act in the amount of $55,000 have b en authorized 8 for the City, and 9 WHEREAS, the Department of Housing and Neighborhood 10 Preservation has developed proposals for the use of such funds, 11 NOW, THEREFORE BE IT ORDAINED BY THE COUNC L OF THE CITY 12 OF VIRGINIA BEACH that the City Manager be authorize to apply for 13 such funds, and that the funds be accepted and appr priated; 14 AND, BE IT FURTHER ORDAINED that the Ci y Manager be 15 authorized to execute a Grant agreement with the U S. Department 16 of Housing and Urban Development accepting such unds, and to 17 execute agreements including the granting of funds to non-profit 18 agencies for the carrying out of homeless assistan e activities, 19 and 20 BE IT FURTHER ORDAINED that the City of irginia Beach 21 will comply with all requirements of the grant greement and 22 regulations of the U.S. Department of Housing n Development 23 regarding such funds. 24 Adopted by the Council of the City of Virginia Beach this 12 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 day of March , 1991. Approved as to Content ~./~ Mar . Ustick, . ector Department of Housing and Neighborhood Preservation March 5, 1991 First Reading March 12, 1991 Second Reading CI'I'Y OF VIRGINIA BEACH EMERGENCY SHELTER GRANT PROGRAM DESCRIPTION OF PROPOSED USE OF FUNDS -- 1991 FEBRUARY, 1991 I. VIRGINIA BEACH ECUMENICAl. HOUSING, INC. Proposed allocation: $32,000 for operation/maintenance 8,000 for services Funds will be used to provide shelter and service homeless families and battered women and children a sites. II. VIRGINIA BEACH COMPREHENSIVE MEN'fAr. HEAL'fU SERVICES Proposed allocation: $8,500 for services for VBEH Funds will be used for to provide 708 hours of mental health outrec;lch services for homeless indtviduals and fallti.l:i..s at various sites. III. VIRGINIA BEACH DEPT. OF SOCIAL SERVICES Proposed allocation: $6,500 for homeless prevention Funds will be used to avoid evict10ns and prevent homeles. ness by prOViding rent, utili ties and seclJri ty deposH:s for families and individuals experiencing temporary hOlsing crises. (ESG) esg91.app (af) - 18 - Item III-H.2.e. CONSENT AGENDA ITEM # 34195 Upon motion by Vice Mayor Fentress, seconded by Councilman essoms, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE $21,000 in CDBG Funds from the U. S. Department of Housing and Urban Development to the Department of Housing and Neighborhood Preservation re Emergency Housing Repair, emergency assistance and prevention of homelessness. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORDINANCE TO ACCEPT AND APPROPRIATE $21,000 IN CDaG FUNDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR HOUSING REPAIR AND HOMELESS ASSISTANCE ACTIVITIES 1 WHEREAS~ the City receives annual funding from the U.S. 2 Department of Housing and Urban Development under the CDBG 3 program to carry out activities benefitting low and moderate 4 income people, and 5 WHEREAS, the U.S. Department of Housing and Urban 6 Development has notified the City that an additional allocation 7 of 521,000 under this program has been made, and 8 WHEREAS, the Department of Housing and Neighborhood 9 Preservation has determined that there is a need for such funds 10 under current programs, 1 1 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH that 521,000 in CDBG funds be accepted, and that 13 511,000 in CDBG funds be appropriated to the Department of 14 15 Housing and Neighborhood Preservation for the purpose of providing Emergency Housing Repair funds, and that 510,000 be 16 appropriated for the purpose of providing emergency assistance to 17 prevent homelessness and to assist the homeless under the 19 18 Homeless Emergency Program, and BE IT FURTHER ORDAINED that the City Manager be authorized 20 to amend the existing Grant agreement with the U.S. Department of 21 Housing and Urban Development accepting such funds, and 22 23 24 BE IT FURTHER ORDAINED that the City of Virginia Beach will comply ItJith all requirements of the grant agreement and regulations of the U.S. Department of Housing and Urban 26 25 Development regarding such funds. 27 28 29 30 31 32 33 34 35 36 37 38 Adopted by the Council of the City of Virginia Beach this ___J2___ day of _~~h______, 1991. A~z:.:~AtL f) -M~;:G~7I~ Ustice~ Department of Housing and Neighborhood Preservation ~proved as i2 F~ 4~1<fLd~~,-_7'!:t_ u. Ci ty Attorney First Reading I ! Second Retding k1~~~~J3.!.j.9J~______ March 5, 1991 - 19 - Item III-H.2.f. CONSENT AGENDA ITEM # 34196 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE $44,905 in Rental Rehabilitation Program income funds re continuation of the rental rehabilitation program. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 2 ORDINANCE TO APPROPRIATE $44,905 IN RENTAL REHABILITATION PROGRAM INCOME FU DS 3 WHEREAS, the Department of Housing and Neighborhood 4 Preservation currently operates a Rental Rehabilit tion Program 5 using Federal funds provided by the U.S. Departmen of Housing 6 and Urban Development, and 7 WHEREAS, this program makes forgivable loan to owners 8 of apartments for the purpose of rehabilitating mUltifamily 9 housing, and 10 WHEREAS, funds in the amount of $44,90 have been 11 received as a repayment of one such forgivable loan, nd 12 WHEREAS, HUD regulations allow the use of program 13 income for all activities under the Rental Re abilitation 15 NOW THEREFORE BE IT ORDAINED THAT $44,9 Rental 14 Program, 16 Rehabilitation Program income be appropriated to the Rental 17 Rehabilitation fund for the continuation of the progr m operated 19 Adopted by the Council of the City of Beach 18 by the Department of Housing and Neighborhood Preservation. 20 this 12 day of March , 1991. 21 Approved as to Content: Approved s to form: 22 23 24 25 M~~~r Department of Housing and Neighborhood Preservation 26 C:\DATA\WP\RRPINC.ORD\ADM2 March 5. 1991 First Reading March 12, 1991 Second Reading - 20 - Item III-H.2.g. CONSENT AGENDA ITEM # 34197 Upon motion by Vice Mayor Fentress, seconded by Councilman S ssoms, City Council ADOPTED, upon SECOND READING: Ordinance to APPROPRIATE a donation of $150 from the American Association of Retired Persons to Community Development Loan and Grant fund re use in housing rehabilitation programs. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORDINANCE TO APPROPRIATE DONATION OF $15 FROM THE AMERICAN ASSOCIATION OF RETIRED PE SONS TO THE CDBG LOAN AND GRANT FUND 1 2 WHEREAS, the Department of Housing and Neighborhood 3 Preservation operates housing rehabilitation prog ams for the 4 benefit of the citizens of Virginia Beach using 6 WHEREAS, the American Association of Re ired Persons 5 Development Block Grant and other funds, and 7 wishes to contribute to these programs and has 8 of $150 for this purpose, 9 NOW, THEREFORE BE IT ORDAINED BY THE COUNCI OF THE CITY 10 OF VIRGINIA BEACH that the donation of $150 from the American 11 Association of Retired Persons be appropriated to he Community 12 Development Loan and Grant fund for use in housing r habilitation 13 programs. 14 15 Adopted by the Council of the City of Virginia Beach his 12 16 day of March , 1991. 17 18 19 20 21 22 23 24 25 26 27 Approved as to Content Approved as to Form Ustic, irector Depar ment of Housing and Neighborhood Preservation (esg)aarpdon.ord\af , First REading: Second Reading: March 5, 1991 March 12, 1991 - 21 - Item III-H.3. CONSENT AGENDA ITEM # 34198 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council APPROVED, upon FIRST READING: Ordinance to ACCEPT and APPROPRIATE $28,250 from the Commonwealth of Virginia to the Fire Department re purchase of automatic defibrillators; and, TRANSFER $28,250 from the FY 1990-1991 Fire Programs Fund to provide the necessary fifty percent (50%) match for the Grant. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 2 3 4 5 6 AN ORDINANCE TO APPROPRIATE $28,250 AND TO TRANSFER $28,250 FOR PURCHASE OF EMERGENCY MEDICAL EQUIPMENT WHEREAS, the City of Virginia Beach Fire Department has a plied for and 7 received a grant in the amount of $28,250 from the Commonwealt of Virginia, 8 Division of Emergency Medical Services for purchase of automatic de ibrillators to 9 be used in life saving treatment by fire personnel arriving a an emergency 10 situation prior to Emergency Medical personnel, 11 12 WHEREAS, the required fifty percent match for this grant c n be provided 13 using available funding within the Virginia Beach allocation of Fir Programs Fund 14 monies for FY 90-91. 15 16 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF V RGINIA BEACH, 17 VIRGINIA, that a grant in the amount of $28,250 from the Commonweal h of Virginia 18 be accepted and appropriated to the Fire Department for purchase of automatic 19 defibrillators, and that Revenue from the Commonwealth for FY 90-9 be increased 20 by $28,250. 21 22 BE IT FURTHER ORDAINED that funds in the amount of $28,250 e transferred 23 from the FY 90-91 Fire Programs Fund to provide the necessary fifty percent match 24 for the grant. 25 26 This ordinance shall be effective from the date of its adopti n. 27 28 Adopted by the Council of the City of Virginia Beach, Virgini on the 12th 29 day of March, 1991. 30 31 First Reading March 12, 1991 32 Second Reading 33 34 35 36 37 APPROVED AS TO CONTENT~ ~ Walter C. Kra mer, Jr. ~..o66ry... EVAI..I.trI- T70,A..; ~~ Date AP~Rcvr AS TO LEGAl I ! , i I i I I I .___J - 22 - Item III-H.4. CONSENT AGENDA ITEM # 34199 Upon motion by Vice Mayor Fentress, seconded by Councilman S ssoms, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $4,383.40 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FORM NO. C.A. 8 REV. 3Ill6 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commission r of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int. Total Ah1emeyer, Ronald A. & Merna J. T/A Baby1and 1988-90 1309 Fordham Drive Virginia Beach, VA 23464 Audit 244.47 244.47 Amdusky, Howard 8200 Ocean Front #B Virginia Beach, VA 23451 1989 Audit 114.00 114.00 Barrett, Joseph A. 1989-90 T/A Barrett Landscaping Co. 217 Foley Lane Virginia Beach, VA 23462 Audit 111.83 111.83 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 470.30 of the City of Virginia Beach on the ~ day of were approved by the Council March 19 91 ,- Ruth Hodges Smith City Clerk FORM NO. C.A 8 REV. 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINI That the following applications for license refunds, upon certification of the Commissio er of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int. Total Battlefield utility Contractor, Inc. 1824 Duke of York Quay 1990 Virginia Beach, VA 23454 Audit 772.26 772.26 Beasley, Jackie D. 1989 T/A J. D. Beasley Co. 912 Baillio Drive Virginia Beach, VA 23454 Audit 109.16 109.16 CBK, Inc. 1990 T/A Sparks Tune Up 1217 Ocean Dunes Circle Jupiter, Florida 33477-9150 Audit 1,289.65 1,289.65 Certified as to Pa ment: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 2,171.07 of the City of Virginia Beach on the ~ day of were approved by the Council March ,19~ Ruth Hodges Smith City Clerk FORM NO. C.A. B REV. 3Ill6 AN ORDINANCE AUTHORIZING LICENSE REFUND UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINI That the following applications for license refunds, upon certification of the Commissio er of the Revenue are hereby approved: NAME License Date Base Penalty Int. Total Year Paid Edge, Dale 1989-90 Audit 167.64 167.64 T/A Business Technologies 1801-C Sara Drive Chesapeake, VA 23320 Howard, Marie K. 1990 5-10-90 30.00 30.00 T/A Simply Tasteful 3454 Marabou Lane Virginia Beach, VA 23451 Jewel Box of Winchester, Inc. T/A Carlyle & Co. Jewelers #206 4615 Dundas Drive 1990 Audit 791.39 791.39 Greensboro, NC 27420 Certified as to Pa ment: Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 989.03 of the City of Virginia Beach on the ~ day of were approved by the Council March ,19~ Ruth Hodges Smith City Clerk ~ ~ i FORM NO. C.A 8 REV. 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINI That the following applications for license refunds, upon certification of the Commissio er of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int. Total Meekins Electric, Inc. 1987-89 Audit 13 7.04 137.04 4620 Thoroughgood Drive Virginia Beach, VA 23455 Rigdon, Elizabeth E. 1989 Audit 42.00 42.00 T/A Libby's TNT Palace 1118 Sparrow Road Chesapeake, VA 23320 Sherrod Construction Corp. 2316 Tartinger Quay 1989 Audit 109.01 109.01 Virginia Beach, VA 23456 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 288.05 of the City of Virginia Beach on the ~ day of were approved by the Council March 91 .19_ Ruth Hodges Smith City Clerk .,;.' FORM NO. C."" 8 REV. 3Ill6 AN ORDINANCE AUTHORIZING LICENSE REFUNDS . UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int. Total Shield, William R. T/A Military Relocation 2240 W. Great Neck Road Virginia Beach, VA 23451 1990 Network Realty 8-13-90 30.00 30.00 Smith, Kelly R. 1990 1208 Pipers Crescent Apt. 534 Virginia Beach, VA 23454 8-09-90 30.00 30.00 Sundstrom, John E. 1989 T/A Mobile Welding Services 5888 Poplar Hall Drive Norfolk, VA 23502 Audit 98.08 98.08 Certified as to Payment: ~~/Y: obert P. Vaughan Commissioner of the Revenue --- Approved as to form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 158.08 of the City of Virginia Beach on the ~ day of were approved by the Council March , 19 --21-- Ruth Hodges Smith City Clerk '.:.' FORM NO. C.A. 8 REV. 3186 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINI That the following applications for license refunds, upon certification of the Commissio er of the Revenue are hereby approved: NAME License Year Date Paid Base Penalty Int. Total Tidewater Realty Associates, Inc. 5962 McGinnis Circle 1989 Norfolk, VA 23502 Audit 119.65 119.65 Tropical Pools, Inc. 3900 E. Indian River Road Chesapeake, VA 23325 1989 Audit 40.51 40.51 VA Beach Physical Therapy, Inc. 1016 Curlew Drive 1989 Virginia Beach, VA 23451 Audit 146.71 146. 71 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 306.87 of the City of Virginia Beach on the ~ day of were approved by the Council March . 19 -2L Ruth Hodges Smith City Clerk - 23 - Item III-I.l. PUBLIC HEARING ITEM # 34200 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) PRINCESS ANNE COUNTRY CLUB NONCONFORMING USE (b) EASTER SEAL SOCIETY OF VIRGINIA, INC. CONDITIONAL USE PERMIT (c) MILL'S LAWN AND GARDEN SHOP, INC. CONDITIONAL USE PERMIT (d) EIGHT COMMERCE PROPERTIES AND RICHARD M. WAlTZER CONDITIONAL ZONING CLAS$IFICATION (e) CITY OF VIRGINIA BEACH STREET CLOSURE (f) ORDINANCES TO AMEND/REORDAIN City Zoning Ordinance/ open space promotion Site Plan Ordinance/ fees/single family dwellings - 24 - Item III-La. PUBLIC HEARING PLANNING ITEM # 34201 Sam Moore, 1017 Brandon Road, Phone: 491-6799, Manager of the rincess Anne Club, represented the applicant and displayed the rendering of t e expansion. Upon motion by Vice Mayor Fentress, seconded by Councilman Hei chober, City Council ADOPTED a Resolution upon application of PRINCESS ANNE COUNTRY CLUB authorizing the enlargement of a Nonconforming Use: Resolution authorizing the enlargement of a nonconforming use on the property of the Princess Anne Country Club, located at 38th Street and Pacific Avenue, in the Borough of Virginia Beach. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None Councilman Sessoms DISCLOSED pursuant to Conflict of Interests A t, Section 2.1-639.14(G), Code of Virginia, he is a Member of the Princess nne Country Club. Councilman Sessoms is able to participate in the transact' on fairly, objectively, and in the public interest. Councilman Sessoms' lett r of March 11, 1991, is hereby made a part of the record. 1 2 3 4 5 6 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON THE PROPERTY OF THE PRINCESS ANNE COUNTRY CLUB, LOCATED AT 38TH STREET AND PACIFIC AVENUE, IN THE BOROUGH OF VIRGINIA BEACH 7 WHEREAS, the Princess Anne Country Club (h reinafter 8 referred to as the Applicant) desires to renovate and/ r replace 9 certain facilities located upon its property at 38th S reet and 10 Pacific Avenue, in the R-7.5 Residential Zoning District; and 12 shop and other amenities located thereon; and 11 WHEREAS, such facilities consist of the clubh use, pro 13 WHEREAS, the renovation and/or replacement of such 14 facilities constitutes the enlargement of a lawful nonc nforming 15 use, in that such facilities are not permitted uses 16 present use regulations of the R-7.5 Residential Zoning istrict, 17 but were lawfully established; and 18 WHEREAS, in accordance with Section 105(d) of the City 19 Zoning Ordinance, the City Council is empowered to auth the 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCI OF THE set 20 enlargement of a nonconforming use pursuant to the stan 21 forth therein; 23 CITY OF VIRGINIA BEACH, VIRGINIA: 24 That the City Council hereby finds that the aforesaid 25 facilities, as enlarged, would be equally appropriate or more 26 appropriate to the R-7.5 Residential District than the fa ilities 27 are as they now exist. 28 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 That the Princess Anne Country Club be, and he eby is, 31 authorized to renovate and/or replace the aforesaid facil ties in 32 accordance with the plans shown on the attached Exhibi A, on the 34 1. That the said facilities comply with all bui site 33 following conditions: 35 plan and other requirements of the City of Virginia Be 36 2. That the Applicant reserve a portion of it property 37 along Holly Road and Sea Pines Road, approximately t n feet in 38 width, to provide for a standard fifty-foot and 39 3. That the lodging facilities authorized by this 40 Resolution shall be limited to a maximum of eight.een units and 41 that such facilities shall be used only by members of th Princess 42 Anne Country Club and their guests. 43 44 Beach, Virginia, on the Adopted by the City Council of the City 0 Virginia 12 March day of 1991. 45 CA-91-4125 46 \noncode\club.res 47 R-2 2 Citye>f Vi:rgir1ia each.. WilLIAM D. SESSOMS. JR. 809 GREENTREE ARCH COUNCllMAN.AT.LARGE VIRGIN A BEACH. VIRGINIA 23451 (804) 455-5732 March 11, 1991 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk's Office Municipal Center Virginia Beach, VA 23456 Re: Disclosure Pursuant to Section 2.1-639.14(G , Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests 2.1-639.14(G), Code of Virginia, I make the following ct, Section eclaration: 1. The transaction for which I am executing his written disclosure is the Council consideration of th resolution regarding the application of the Princess nne Country Club for an enlargement of a non-conforming use. 2. I am a member of the Princess Anne Country 3. I will not realize any direct or foreseeab e financial benefit or detriment as a result of this tr nsaction. 4. Although the City Attorney has advised m that this interest does not meet the criteria of a personal interest in the transaction under the onflict of Interests Act, I wish to disclose this . nterest and declare that I am able to participate in the transaction fairly, objectively, and in the public inte est. this have Accordingly, I respectfully request that you declaration in the official records of the City Coun enclosed an op~n~on letter from Leslie L. Lilley, which addresses this same matter. Thank you for your assistance and cooperation in Sincerely, kJ~ w. D. Sessoms, J . Councilman WDSjr/awj Enclosure Attorney, City c:>f Virgir1ia. ea.ch LESLIE L LILLEY MUNICIPAL CENTER CITY ATTORNEY VIR INIA BEACH, VA 23456-9004 (804) 427-4531 FAX (804) 426-5687 March 11, 1991 Councilman W. D. Sessoms, Jr. Municipal Center Virginia Beach, VA 23456 Re: Conflict of Interests Opinion Dear Councilman Sessoms: I am writing in response to your request for an opinion regarding your ability to participate in the Council cpnsideration of the resolution authorizing the enlargement of a nop-conforming use on property of the Princess Anne Country Club scheduled on the March 12, 1991 City Council agenda. Summary/Conclusion: From my review of the Conflict of Interests Act and the information provided by you as referenced below, I am of the opinion that you do not have a personal interest in the, transaction of the Virginia Beach City Council concerning the request of Princess Anne Country Club for enlargement of a non-co~forming use. Thus, you are permitted to participate in this matl:ter without restriction. For your information, I have outlined the disclosure requirements of Section 2.1-639.14(G) should you desire to disclose your relationship and vote; I have also set forth the applicable provisions for abstention set forth in Section 2.1-639.14(E), should you choose not to vote. I base the aforesaid conclusions on the fOllowin~facts which you have presented. Please review and verify the acc racy of the facts as set forth as you may only rely upon this opi ion if they are correct and complete. I Councilman W. D. Sessoms, Jr. -2- M rch 11, 1991 Facts Presented: Your request for an advisory op1.n1.on is gene ated by the Council's consideration of a resolution authorizing th enlargement of a non-conforming use on property of the Princess nne Country Club scheduled on the March 12, 1991 City Council agenda. On February 12, 1991, City Council granted a conditiona use permit for a recreational use of an outdoor nature on 10,575 square feet of property intended to be incorporated into the la ger country club site. This is a related request for enlar ing a non- conforming use on 11.63 acres, and involves the replacement of the existing country club facilities including the clubhouse, pro shop and other amenities currently located on the existin site. The project will be done in phases and will yield a mod rn facility able to accommodate members and quests without he problems associated with the antiquated structures and physic 1 plant. A similar request was passed by Council on December 18 1989. The previous request was not activated within the required one (1) year time frame. You have advised that your concern, and reason fO~ requesting this opinion, is that you are a member of the Princess nne Country Club. You have further advised that you receive no sal ry or other compensation from the Club, own no equity interest in t e Club, and do not assume any liability on behalf of the Club. : Discussion: I. Applicable Definitions of Section 2.1-639.1. ! A. City Council is a governmental agency, ~s it is a legislative branch of local government as defined in ~ 2.1-639.2 of the Virginia State and Local Government Conflict f Interests Act. B. You are an officer within the meaning of ~ .1-639.2 of the above-referenced Act. C. Council consideration of an application for uthority to enlarge a non-conforming use is a "transaction" as de ined by the Act. A transaction includes any matters cons ide ed by any governmental agency on which official action is taken or contemplated. D. financial employee, by reason "Personal interest" is defined in ~ 2.1-639.2 as a benefit or liability which accrues to n officer, or to an immediate family member. The int rest exists of one of five categories specified there' n as: 1) Councilman W. D. Sessoms, Jr. -3- M rch 11, 1991 ownership in a business if the ownership interest exce ds 3% of the total equity of the business; (2) annual income from ownership in real or personal property or a business in excess 0 $10,000.00; 3) salary from the use of property or paid by a b siness that exceeds $10,000.00 annually; 4) ownership of real or personal property when the interest exceeds $10,000.00 in val e, exclusive of ownership in a business, or salary; and 5) perso al liability incurred or assumed on behalf of a business which exce ds 3% of the asset value of the business. E. A "personal interest in the transaction" ex'sts when an officer or employee or a member of his immediate amily has a personal interest in property or a business or re resents any individual or business and such property, business or represented individual (i) is the subject of the transaction 0 (ii) may realize a reasonably foreseeable direct or indirec benefit or detriment as the result of the agency considering the ransaction. II. Application of Definitions A. Personal Interest A personal interest exists by reason of one of fi e specified categories, as noted above in the definition 0 "personal interest". Specifically, my review of those catego ies and the facts indicate that with respect to the Princess Anne C untry Club; you do not own any interest in the Club; you do not ha e any income from the Club; you do not own affected real or perso al property which interest exceeds $10,000.00 in value; nor do ou have any personal liability incurred or assumed on behalf 0 the Club. Therefore, I have reached the conclusion that you do not have a personal interest based on your membership in the Clu as defined by the Conflict of Interests Act. B. Personal Interest in the Transaction You do not have a "personal interest", as de ined above; therefore, you cannot have a "personal interest in the ransaction" under the definition of the Act. III. Prohibitions and Disclosure Requirements Based on the fact that you have no personal int rest in the Council's consideration of the resolution auth rizing the enlargement of a non-conforming use on property of he Princess Anne Country Club, you are not disqualified from partic pating, nor are you required to disclose. If you are concerne that your participation as to this matter may create some a pearance of Councilman W. D. Sessoms, Jr. -4- impropriety because of your membership in the Club, here are two options available to you which may diffuse any percep ion problems that may arise: 1. You may either disclose the facts as present d herein and proceed to vote as to this transaction; or 2. You may abstain from voting and disclose a interest. Should you decide to declare your interest nd vote, a proposed disclosure letter which complies with ection 2.1- 639.14(G) is enclosed for your convenience. You may either make this declaration orally, which is to be recorded in the written minutes of the City Council, or you may file a si ned written declaration with the Clerk of the City Council, who hall retain and make this document available for public inspection for a period of five years from the date of recording or receipt. If you should desire to abstain from voting, ection 2.1- 639.14(E) provides that in such instances, the officer shall forthwith make disclosure of the existence of his inte est and his disclosure shall be reflected in the public records for five years. As a final note to any conflict of interests opin on, Section 2.1-639.18(C) provides that a written opinion of the C't Attorne made after a full disclosure of the facts, is a visory and admissable as evidence that the local officer did n t knowingly violate the Act, while a favorable opinion of the Co onwealth's Attorney as the enforcing officer of the COIA, provi es immunity from any alleged violation. If you choose to seek a opinion of the Commonwealth's Attorney, I will be pleased to a sist you in that regard. Please contact me should you desire any addi tional information. Very truly yours, O~~ Leslie L. L' City Attor ey LLL/EEF/awj Enclosure - 25 - Item III-I. b. PUBLIC HEARING PLANNING ITEM # 34202 The following registered in SUPPORT of the application: Pat Lyons, Special Events Director - Easter Seal Society of Hampton tOads Cecil Cutchins, owner of the property to be utilized by "Lynnh ven Live", Phone: 463-3600. Sarah Goodrich, Mall Manager of Lynnhaven Mall and a Member of the Lynnhaven Business Association N. Joseph Dreps, Jr. - President of Lynnhaven Business Association Attorney John Norris, Anderson Lee and Norris, represented the Lynnhaven Business Association Sonny Morris, President - National Arts Association, schedules entertainment for the Easter Seal events. This entertainment shall consist of reg~onal acts, catering to 35 to 55 'year old age groups. Mary Ann Rayment, 3101 Magic Hollow, Phone: 468-3140, Regional Director - Easter Seal Society Petitions and letters in SUPPORT of "Lynnhaven Live" are hereby made a part of the record. The following registered in OPPOSITION to the application: Carter Turpin, 500 Winston Salem Avenue, Phone: 422-3180, President of the Virginia Beach Restaurant Association Oscar Merino, 5345 Albright Drive, Phone: 479-0153, Member of the Board of Directors for Virginians Opposing Drunk Driving. Mr. Marino' son was killed by a drunken driver. Helen Suggs, 3708 Kings Point Arch, Phone: 486-7592, restaurant owner Bill Dillon, Government Relations Chairman of the Virginia Beach Chapter of the Restaurant Association Debbie Kassir, Co-owner of Aldo's Restaurant, Member of the Restaurant Association, and Member of Executive Board for St. Jude's Research Hospital. Kal Kassir, owner of two restaurants on Shore Drive Letter from Joe Fuller - Multilink Pos Systems, Inc., in OPPOSITION to the application is hereby made a part of the record. Upon motion by Councilman Brazier, seconded by Councilman Lanteigne, City Council DENIED an Ordinance upon application of EASTER SEAL SOCIETY OF VIRGINIA, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF EASTER SEAL SOCIETY OF VIRGINIA, INC. FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE (OUTDOOR CONCERTS) Ordinance upon application of Easter Seal Society of Virginia, Inc. for a Conditional Use Permit for a recreational facility of an outdoor nature (outdoor concerts) at the northwest corner of Phoenix Drive and Guardian Lane. The parcel contains 4 acres more or less. LYNNHAVEN BOROUGH Item III-I. b. PUBLIC HEARING - 26 - PLANNING ITEM # 34202 (Continued) Voting: 8-3 Council Members Voting Aye: John A. Baum, James Robert E. Fentress, Lanteigne, Reba S. Oberndorf and Nancy K. Council Members Voting Nay: W. Brazier, Jr., Vice Mayor Louis R. Jones, Paul J. McClanan, Mayor Meyera E. Parker Robert W. Clyburn, Harold Heischober and William D. Sessoms, Jr. Council Members Absent: None - 27 - Item III-I.e. PUBLIC HEARING PLANNING ITEM # 34203 Jim Mills, 4750 Baxter Road, Phone: 490-7001, the applicant, represented himself Upon motion by Councilman Clyburn, seconded by Councilman Baum, ity Council ADOPTED an Ordinance upon application of MILL'S LAWN AND GARDEN SH P, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MILL'S LAWN AND GARDEN SHOP, INC. FOR A CONDITIONAL USE PERMIT FOR A SMALL ENGINE REPAIR ESTABLISHMENT R03911358 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mill's Lawn and Garden Shop, Inc. for a Conditional Use Permit for a small engine repair establishment on the northwest side of Baxter Road, 1400 feet more or less southwest of Independence Boulevard. The parcel is located at 4750 Baxter Road and contains 3.657 acres. KEMPSVILLE BOROUGH. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth day of March, Nineteen Hundred and Ninety-One. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 28 - Item III-I. d. PUBLIC HEARING PLANNING ITEM # 34204 The following spoke in SUPPORT of the application: Attorney Donald Clark, Columbus Center, represented the applicant Edwin Waitzer, represented the applicant Walter L. Humphries, 5129 Bonney Road, Phone: 467-4019 The following spoke in OPPOSITION to the application: Donald Snyder, 5128 Bonney Road, Phone: 490-3655 John R. Williamson, 342 Paxford Drive, Phone: 499-5504, re resented the Kempsville Lake Community Association, Inc. and requested D FERRAL for a formal presentation to the Association by the applicant Carolyn Donahoe, 1621 Dylan Drive, Phone: 490-0100, represented he Kempsville Lake Community Association, Inc. The letter from Kempsville Lake Community Association, Inc., da ed March 12, 1991, requesting DEFERRAL of the application is hereby made a part of the record. The letter from Susan W. Clarke, dated March 4, 1991, expre sing concern relative the forty year-old crepe myrtle buffer on the north s'de of Bonney Road is hereby made a part of the record. Upon motion by Councilman Clyburn, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of EIGHT COMMERCE PROPERTI CORPORATION and RICHARD M. WAlTZER for a Conditional Zoning Classification: ORDINANCE UPON APPLICATION OF EIGHT COMMERCE PROPERTIES CORPORATION AND RICHARD M. WAlTZER FOR A CONDITIONAL ZONING CLASSIFICATION FROM R-7.5 TO B-2 Z03911299 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Eight Commerce Properties Corporation and Richard M. Waitzer for a Conditional Zoning Classification from R-7.5 Residential District to B-2 Community Business District on certain property located at the southeast intersection of Bonney Road and South Witchduck Road. The proposed zoning classification change is for commercial land use. The Comprehensive Plan recommends this site for single family residential development with a density no greater than 3 dwelling units per acre. The parcel contains 5.68 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. This Ordinance shall be effective in accordance with Section 10 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, 0 the Twelfth day of March, Nineteen Hundred and Ninety-One. - 29 - Item III-I.d. PUBLIC HEARING PLANNING ITEM # 34204 (Continued) Voting: 8-3 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne and William D. Sessoms, Jr. Council Members Voting Nay: Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None FORM NO. P.S. 18 City c>1" Vi1~gir-1i INTER-OFFICE CORRESPO Beach In Reply Refer To Our File No. CA-90-3899 DATE: March 6 1991 TO: Leslie L. Lilley Gary L. Fentres~~ DEPT: City At orney FROM: DEPT: City At orney RE: Eighth Commerce Properties, Inc. and Richard M. Waitzer Conditional Zoning Proffer Agreement Council Action Date: March 12, 1991 Enclosed please find a copy of the proffer agreement submitted with the referenced application. The proffer is acce table as to legal form. GLF/dhh Enclosure i<lLt1Al\U n. t'lAll i.lct\ EIGHTH COMMERCE PROPERTIES CORPORATION, a Virginia co poration TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of virginia THIS PROFFEI AGREEMENT ("Agreement"), made this of January, 1991, by and among RICHARD M. waitzer an COMMERCE PROPERTIES CORPORATION, a Virginia corporati the "Grantor") and CITY OF VIRGINIA BEACH, a municipa of the Commonwealth of virginia (the "Grantee"). R E C I TAL S: A. Eighth Commerce Properties Corporation, a vi is the record, fee simple owner of the property (the located in the Kempsville Borough, City of virginia and described on Exhibit A attached to and incorpora this Agreement. Richard H. waitzer has contracted v Commerce Properties Corporation to p~rchase the Prop B. Grantor bas initiated an amendment to the Zo of the City of Virginia Beach, Virginia ("Zoning Map of Grantor addressed to Grantee, to change the zonin of tbe Property from R-7.5, aesidential District, to District. The proposed amendment is ..de pursuant t of the Zoning Ordinance of the City of Virginia Beac adopted April 18. 1988, as amended and in effect on of this Agreement (the "Zoning Ordinance"). C. Grantee's policy is to provide for the orde of land for various purposes, including commercial through zoning and other land development legislati D. Grantor acknowledges that in order to preve land use, reasonable conditions governing the use 0 in addition to the regulations generally applicable zoned B-2 as specified in the Zoning Ordinance, are to address the project proposed in Grantor's rezoni th day EIGHTH n (collectively corporation ginia corporation, "property" ) each, Virginia ed into th Eighth rty. ing Hap ) by petition classification 8-2, Business the terms , Virginia, he date t incompatible the Property, to land required g application. jj. \:IA.CU1\.U.L Ud~ VV..LUHl,.d.LJ..1Y ,lJl-otlereU .111 wr1t1ng, prior to the pUblic hearing before Grantee, as a part of t e proposed amendment to the Zoning Map and in addition to the r gulations specified in the Zoning Ordinance for the B-2 zoning district, reasonable conditions outlined in this Agreement reI ted to the development and operation of the Property. Thes conditions will be adopted as a part of the amendment to the Zo ing Map relative to the Property, and have a reasonable rela ion to the use of the Property as rezoned B-2 and are neede as a result of the rezoning. F. The conditions outlined in this Agreement ha proffered by Grantor and allowed and accepted by Gra part of the amendment to the Zoning Ordinance and th May. These conditions shall continue in full force until a subsequent amendment changes the zoning of t provided, however, that such conditions shall contin subsequent amendment is part of the comprehensive im lementation of a new or substantially revised zoning ordinance 0 Grantee. The conditions outlined in this Agreement may be ame ded only by following the procedures and recording the ts as outlined and required in the Zoning Ordinance. NOW, THEREFORE, Grantor, bis or ~its heirs, assigns, grantees and other successors in title or i to the Property, voluntarily and without any require ent by or exaction from Grantee or its governing body and v thout any element of compulsion or quid pro quo for zoning, re oning, site plan, building permit or subdivision approval, akes the folloving declaration of conditions and restrictions governing the use and physical development and operation of th Property, and covenants and agrees that this declaration and e further terms of this Agreement shall constitute covenants r nning with the Property, which shall be binding upon the Property and upon all persons and entities claiming under or through Grantor, his or its heirs, personal representatives, successors and assigns, grantees and other successors in interest or title to the Property, namely: 1. All interior lot lines within the Property sh 11 be Zoning nd effect vacated. 2. Lighting on the Property shall be directed in ard and -2- not toward surrounding propertles. 3. A permanent landscape buffer area shall be aintained along the northern boundary of the Property adjacen to Bonney Road, containing Category IV landscaping as specifi d in the Zoning Ordinance and related regulations, in order 0 screen improvements on the Property and all parking areas. In addition, the existing, healthy, mature trees located in this buffer area, as shown on the attached site plan for the Property prepared by W. P. Large, Inc., which has been exhibited to t e City Council of the City of Virginia Beach and is on file with t e City of Virginia Beach Department of Planning (the .Site PI be saved and incorporated into the Category IV land caping. This landscaped buffer area may be used only for th installation and maintenance of utilities and shall otherwise re ain natural and undisturbed. Any existing, healthy, mature tre s located within required setback areas along all other bound ry lines of the Property will be preserved to the extent pos ible in order to provide additional screening of the Proper y, so long as they do not interfere with required utility facilities. 4. All exterior building walls of any improvem nts constructed on the Property viII be constructed of brick or a c mbination of brick and stucco-type exterior_ ~yatem which shall be impervious to the elements. All loading or._ervice doors or b ys shall be located at the rear of any i.provements on the P operty. In addition, tbe architectural renderings of propos d buildings to be constructed on the Property, which have been xhibited to the City Council of the City of Virginia Beach a d which are on file with the City of Virginia Beach Departm nt of Planning, ahall be aubstantially adhered to with respect to b ilding design and materials. 5. In order to alleviate any potential traffic problems arising from the proposed improvements on the Prope ty, a .aximum of ten thousand (10,000) square feet of all floor pace within the improvements on the Property, whether consistin of one or aore buildings, may be used and occupied by busi esses selling goods or services at retail. In addition, the following uses shall not be permitted on the Property or any improvements constructed thereon: animal hospital, veterinary es abli8hment, commercial kennel, automobile sales or repairs, aut mobile service station, boat sales, borrow pit, bulk storage yard, car wash, bulk storage of hazardous chemicals, commercial parking lot or garage or auto storage, d ugstore, eating and drinking establishments with drive-through wind w, freestanding eating and drinking establishments, funeral horne, g eenhouse and plant nursery, grocery store, carry-out food store, liquor store, laundromat, mini-warehouse, nightclub, bar, tavern, dance hall or passenger transportation terminal. In addition, the improvements shown on the Site Plan as "Site B" shall be solely u ed for offices and related purposes. 6. The Site Plan shall be substantially to in order to provide for the coordinated development of perty in terms of parking, layout, access and traffic control and c rculation within the Property and access to and ingress and eg ess from Bonney Road reasonably acceptable to the City of Virginia Bach Department of Planning and all traffic engineering authorities ithin the City of Virginia Beach. i , 7. The improvements on the easterly boundary li1e of the Property, as shown on the Site Plan, which consist o~ an entrance road providing the sole means of ingress and egress to the Property from Bonney Road, shall be situated so as to be available to the adjacent property owner as a future means of ingress and egress to the adjacent property upon reasonable terms and condi ions to be determined by the parties. 8. Further conditions or restrictions I against th~ Property may i be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of! Grantee by all appropriate agencies and departments of Grantee. 9. The Zoning Administrator of the City of Virgi,ia Beach, Virginia, shall be vested with all necessary authoritt on behalf of the governing body of the City of Virginia Beach, Vir~inia, to administer and enforce the conditions and restriction~ specified in this Agreement, including (i) the authority by writte order to remedy any noncompliance with such conditions and res rictions, and (ii) the authority to bring legal action or suit to i pliance with such conditions and restrictions, including mandatory or prohibitory injunction, abatement, damages or othe appropriate action, suit or proceedings. The failure to comply with all conditions and restrictions in this Agreement shall constitute cause to deny issuance of the required building or occupancy permits as may be appropriate. If aggrieved by any decision of t e Zoning -4- Administrator made pursuant to these provisions, Granto shall petition the governing body of Grantee for the review 0 such decision prior to instituting proceedings in court. ropriate symbols may be noted on the Zoning Map to indicate the xistence of conditions and restrictions attaching to the zoning f the Property. The ordinance and the conditions and restric ions applicable to the Property shall be made readily availa Ie and accessible for public inspection in the office of the Z ning Administrator and in the City of Virginia Beach Plannin Department and they may be recorded in the Clerk's Office of the C rcuit Court of the City of Virginia Beach, Virginia, and inde ed in the name of Grantor and Grantee. WITNESS the following signatures: EIGHTH COMMERCE PROPERTIES CORPORATION, a irginia corporation ____ Its: ~/~ STATE OF VIRGINIA CITY OF Virqinia Beach, to-wit: I, Roqer E. Clarke, Jr. , the undersigned, a Notary Public in and for the City and State aforesaid, do here y certify that Richard M. waitzer, whose na~ is signed to the egoing instrument bearing date on the }~ day of Vv\..,{,,(.t'i , 1991, has acknowledged the same before me in ty aforesaid. My Commission Expires: P.l ffl'!lf11"'.lr~" T~r.rH~~J t'~; ~ ~'''l'' ~ ( ;" j -5- CITY~'OF- r~\;:'\~'i-\<-- , to-wit: I, G(~, \ \") 'I. c-- , the undersigned, a Notary Public in and for the city and State aforesaid, do hereby certify that Robert M. Joynt, vice President of Eighth Commerce Properties Corporation, a Virginia corporation, whose name is signed to the foregoing instrument bearing date on the ~ ay of :)n " 1991, has acknowledged the same before me in my City nd State aforesaid. , ~~ \j l--' Notary Public My Commission Expires: "\ "')(' ') 'f-. . -6- r '. . Parcel 1 All that certain lots, pieces or parcels of land, lying, situate and being in the City of Virginia Bach, Virgin- ia, and known, numbered and designated as t at 3.64. a. parcel as shown o~ that certain plan entitl d "Boun<:la~y Survey of Par~ of .~roperty of John H. Hutch.nson, et a1, Kempsville Borough,VirginUt Beach, Virgini ", dated October 7th, 19~5 and made by Lee S. Rood,' .C. and recorded in the Clerk's Office of' the Circu t Court of .the City of Virginia "B~ach,. Virginia ("Cler 's Office") in Deed Bo.ok. 2493, 'at. page 157,. reference t which plat is 'herebY . made for a'o:moie particular descri tion . thereof. .... . 'Parcel 2 .. All that certain tract, piece or parcel of and, with the improvements.thereon'and' the.appurtenan es thereun- to, situa~e,' lying, and being in the City 0 Virginia Beach, virginia, formerly Kempsville M~gist rial Dis~ ttict, in or near Kempsvi~le, Princes~ Anne County, Virginia, 'designated:and described on a Gertain plat made by W. B. Gallup, County Surveyor,. Oct ber 17,1949, marked "Property of Richard F. Humphries", hich plat is .duly recorded in the Clerk's Office (forme ly the . Clerk's Office of Princess Anne County, vi ginia) in Map ~ook'24 'at Page 9J, containing' Z.ll acres nd is more '. .particularly aescr~b~d a~ fo~~ows:_ ._.. ..... T .....-..- \..J .' '. . :..,:. .' :\"~ BEGINNING' at a pipe in the Southern line .of the right of :" . 'the road 'from Kempsville'to Buclid in the d viding line .betweeri this property and the property of J A. Hutchin- 80n, ~d from 8aid P9int rUnning along the' dge of the . right.o~w~Y of said road North 62- 55' Eas 195.3 feet .~ to ~ pipe.in the dividing line betwe~n this property and . ~the property of Minnie Lee.Humphries; thenc along the line of Minnie. Lee Humphries.South 24~ '15' ast 459.5 ~feet to a pipe 'in . the. North. Line of the rig t of way of .' the Norfolk and So~thern Railroad; thence a ong the line 'of the right of' way of the said Railroad So th 450 32' West 1~7 feet, more'or less, "to a pipe. in t e Eastern . line o~ ~utchison; thence along the line of the property .' . of HutcJl1.son North 260 ..26' West 514.9 feet 0 a pipe. in : . ." . :... :the .right of way' of.the public road to the oint of . .r.:. ..' .." ... ., "... . ~ -:: ',. beqinn';n - . . .::' .' :..::..... ,.. ::" . > :,.'. .'. ':!'. ..:. .. g. . . ..' .-! .":' .. .o..! :... .'.:.~:~."...:...~'..: ~ . .:' : .,;' . .... ___.... "': ... .. ... fI - . -.- _..-a. -.-.......-..... .. .' " , . ~ " '. .' , .. ,1 - 30 - Item III-I. e. PUBLIC HEARING PLANNING ITEM # 34205 Upon motion by Councilman Heischober, seconded by Vice Mayor Fe tress, City Council DEFERRED INDEFINITELY an Ordinance upon application of the CITY OF VIRGINIA BEACH, VIRGINIA, for discontinuance, closure, and ab ndonment of certain portions of an unimproved 30-foot road and Courthouse Dri e (Parcels 1 and 2) Parcell: Closure of an unimproved 30-foot road beginning 680 feet more or less northwest of the western boundary of James Madison Boulevard and running in a northwesterly direction a distance of 395 feet more or less. Parcel 2: Closure of the western terminus of Courthouse Drive beginning 350 feet west of James Madison Boulevard running northwesterly a distance of 317 feet. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 31 - Item III-I. f.l PUBLIC HEARING PLANNING ITEM # 34206 Upon motion by Vice Mayor Fentress, seconded by Councilman He schober, City Council AOOPI'ED: Ordinance to Amend and Reordain Section 253 of the City Zoning Ordinance pertaining to Open Space Promotion Requirements. Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE '10 AMEND AND REDRDAIN SOCI'ION 253 OF '!HE CITY ZONING ORDINANCE PERI'AINING '10 OPEN SPACE PRCMJI'ION ~S '!hat section 253 of the City Zoning ordinance is hereby amerrl BE IT ORDAINED BY '!HE rouNCIL OF '!HE CITY OF VIRGINIA BEAaI, reordained in part as follows: Sec. 253. Open space ~awt.ial requ:i:r:a1e1ts in geJB:al. (a) Applicability. The open space prOIOOtion option is app icable in the R-40 through R-7. 5 residential districts only. (b) Mini.mum area of development. The minilnum area to be developed urrler the open space prOIOOtion option shall be twenty (20) acres. (c) Use regulations. The uses and structures pennitted are those pennitted in the urrlerlying zoning district. (d) Height, sign and off-street parking regulations. He ght, sign and off-street parking regulations shall be the same as requ' ed in the urrlerlying zoning district. (2) Improved Open Space. If the applicant plans to erect a r eational structure or make other i.ll1provements to the open space which, in the opinion of city council, are sufficiently subs tial to encourage responsible property maintenance by a ho.rreowners sociatim or other similar agent, then city council may allow ansfer of ownership and assumption of all maintenance respons' ilities to such agent, provided that sufficient evidence of intenance capability on the part of the agent is presented to ci council, and further provided that no more than fifty (50) per t of the blilding pennits for the project shall be issued before e proposed recreational facilities are completed and made available for use by the residents. (e) Open space maintenance. There shall be an assurance 0 provision for the maintenance of open space in each case, wheth space is uni.ll1proved or i.ll1proved. (1) uni.ll1proved Open Space. If the applicant has no plan substantial recreational structure or other iroprov property, he shall be required to dedicate the entire to the city in order to utilize this option. In this city shall assume all responsibilities for maintenance. (f) Required Open Space. Each open space prOIOOtion plan a minilnum of fifteen (15) percent of the total tract acreage as excluding streets and parking areas. All open space areas shall be maintained as landscaped park, recreational space, or natural 11 provide pen space, ently No open space shall be used except in its natural state or for conununity recreational-related uses. No open space shall be part of a platted r idential lot, floodway portion of any floodplain, body of water, wetl or be incumbered by a public or private utility easement whose total width is greater than twenty (20) feet. No sb:ucture shall be erected cept for maintenance or recreational purposes. shall not . Adopted by the council of the city of Virginia Beach, virgini , on the 12 day of March , 199~4 1991 - 32 - Item III-I. f. 2 PUBLIC HEARING PLANNING ITEM # 34207 Upon motion by Councilman Heischober, seconded by Councilman ones, City Council ADOPTED: Ordinance to Amend and Reordain Section 3.2 of the Site Plan Ordinance of the City of Virginia Beach, Pertaining to Fees and Single-family dwelling, etc. Site Plan Review in Chesapeake Bay Preservation Areas. Voting: 10-1 Council Members Voting Aye: John A. Baum, James Clyburn, Vice Mayor Heischober, Louis R. Meyera E. Oberndorf, Sessoms, Jr. W. Brazier, Jr., Robert W. Robert E. Fentress, Harold Jones, Paul J. Lanteigne, Mayor Nancy K. Parker and William D. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None . ,.. 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND AND REORDAIN SECTION 3.2 OF THE SITE PLAN ORDINANCE OF THE CITY OF VIRGINIA BEACH, PERTAINING TO FEES FOR SINGLE-FAMILY DWELLING, ETC. SITE PLAN REVIEW IN CHESAPEAKE BAY PRESERVATION AREAS 8 BE IT ORDAINED BY THE CITY COUNCIL OF TH CITY OF 9 VIRGINIA BEACH, VIRGINtA: '0 That Section 3.2 of the Site Plan Ordinance 0 the City 11 of Virginia Beach, pertaining to fees for site plan r view, be, 12 and hereby is, amended and reordained, and shall read a follows: 13 section 3.2. Procedure for site development plan appro a1: 14 15 16 17 18 A.1. The developer shall cause to be prepare a site development plan with other material as set forth in sections 4 and 5. A.2. At the time the site development plan is pres nted, the following fees shall be due and payable: 19 (a) Residential site plan for two (2) or more ) residences - six hundred twenty-nine dollars ($629.00) 21 22 23 24 plus twenty dollars ($20.00) per unit after the first five (5) residential units. 25 (b) Non-residential site plan - eight hundr d thirty- seven dollars ($837.00) plus sixty-three dollars ($63.00) per acre. 26 27 28 29 (c) Duplex site plan - four hundred eighte n dollars ($418.00). (d) There shall be no site plan review fee c arged for a site plan encompassing only one ( 1) sing e family 31 Preservation Area. For. sin le-famil Ba :\0 dwelling uni t not loca ted in a and 32 additions and other. residential structures r a . . , 33 34 35 ,6 37 38 39 40 41 42 43 44 . . . Ian of develo ursuant to Section 1 0 of the Chesa Preservation Area Ordinance be a fee in the amount of two hundred ni e dollars 209.00). rovided however that if the Ches Preservation Area Review Committee determines that such Ian of develo ment ma be sub"ect to a breviated review there shall be a fee in the amou.t of one hundred dollars ($100.00). (e) There shall be no resubmission fee for any site plan resubmitted within sixty (60) days of t e date of completion of the prior review. 45 46 Adopted by the City Council of the City of Virginia Beach, Virginia on the 12 day of March , --- - , 1991. 47 CA-90-4016 48 \ordin\proposed\047-03-2.pro 49 R-1 2 - 33 - Item III-J.l. APPOINTMENTS ITEM # 34208 ADD-ON Upon NOMINATION by Councilman Baum, City Council APPOINTED: PRINCESS ANNE COUNTY TRICENTENNIAL COMMITTEE Adabelle Riddick Voting: 11-0 Council Members Voting Aye: John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Vice Mayor Robert E. Fentress, Harold Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 34 - Item III-K.2. NEW BUSINESS ITEM # 34209 Giles G. Dodd, Assistant City Manager for Administration, referenced the Interim Financial Statements 'for July 1, 1991 - January 31, 1991, which are hereby made a part of the record. Revenues are below estimates by ap roximately $ll-MILLION. Expenditures and Encumbrances are down approximately $10-1/2- MILLION. $2,600,000 of this Revenue shortfall is derived from other ocal taxes and most of the other local taxes are below the amount collected last year. However, the collections are actually greater than last year with respect to General Sales, Utility and Restaurant Taxes, but still below the Bud et. The Revenues in the School Fund are greater than anticipated th's year by $790,000; and, the Expenditures are below what had been anticipat d by $1/2- MILLION. The Revenues in the Water and Sewer Fund are approximately $5-MILLION greater and Expenditures are over by $1.2-MILLION. - 35 - Item III-K.3. NEW BUSINESS ITEM # 34210 ADD-ON Mayor Oberndorf advised in attending the Congressional Cities Co ference for the National League of Cities (March 8 - 11, 1991), the two top pri rities were drugs and the "Clean Water Act". Portion 404 relating to Wetlands i approached in different methods. Representatives from the State of Illinois ad ised if the Federal Government is going to continue this no-net loss, they are encouraging the Federal Government to buy the land. Alaska is also discussing t is matter. Mayor Oberndorf, Chairman of the Energy, Environment and Natura Resources Steering Committee (EENR), advised a representative of the E vironmental Protection Agency, with reference to Stormwater Management and the Clean Water Act, informed her an idea had been suggested by the heavy utility contractors to the Members of Congress relative a 14% to 18% Federal surtax be'ng attached to Municipal Water and Sewer Bills. This has not come into actual 1 gislation. Mayor Oberndorf advised receipt of the Administration's Energy Poli position on off-shore drilling. - 36 - Item III-K.4. NEW BUSINESS ITEM # 34211 ADD-ON Councilwoman Parker referenced her attendance at the Congressi nal Cities Conference for the National League of Cities (March 8 - 11, 1991). ouncilwoman Parker was able to visit the Chinese Embassy and gathered business cards from individuals. Councilwoman Parker will encourage Andrew Burke, irector of Economic Development, to forward correspondence enclosing information concerning the City. The tour of duty for Members of the Embassy 's four (4) years. They are able to take their wives, but must leave their children behind and only visit their home every two years. Councilwoman Parker advised of meeting with Mayor Richard Weis 0 Freeport, Illinois. Within approximately one year, this City has emerged from a recycling program of just waste and plastics to even recycling househo d garbage. Freeport is anticipating reducing their landfill in some cases by as much as 70%. The waste can be converted to actual humus and dirt. This take composting a step further. Lila Cockrell, Mayor of San Antonio, is the new Chairman of the I ternational Task Force. Mayor Cockrell shared information relative their ister city relationship with Mexico. San Antonio is presenting a display of Mexican Artifacts and will have the President of Mexico visit their City. his appears to comply with the new Trade Agreements that are attempting to be passed between Canada, Mexico and the United States. Councilwoman Parker referenced attending a Workshop concerning th Wetlands. There is a delineation manual that has been established, in which t ere appears to be much criticism. Therefore, it has been in the revision proces for quite some time. Apparently there is a question, as to which body -- the Army Corps of Engineers or the Environmental Protection Agency -- has the fina approval. These two groups met in November. Councilwoman Parker also referenced information from the State De artment of Commerce concerning importing and exporting. The Department will ave a data bank comprised of 12,000 pages of information, which will be f rwarded to subscribing localities. The Chamber might be interested in this inf rmation to distribute to their Members. There are many cities experiencing the same problems as our City wi h relation to defense spending cuts. The National League of Cities has develope a program relative Communities in transition. The City Staff might wish to 'nvestigate same. - 37 - Item III-K.s. NEW BUSINESS ITEM # 34212 ADD-ON Councilwoman McClanan advised apparently it is state policy to OP SE any off- shore drilling within a 50-mile limit. As there is a proposal f r off-shore drilling off the mouth of the Chesapeake Bay, the City might wis to ADOPT a Resolution OPPOSING off-shore drilling similar to an exist ng State resolution. Councilwoman McClanan referenced the Redistricting Hearing to be held by the Senate P & E Committee at 10:30 A.M., Wednesday, March 13, 1991, at the Central Library. Councilwoman McClanan requested representation at this Hearing. A Resolution had been ADOPTED by the City Council on December 11, 199 . "The General Assembly is requested to establish House and Senate Districts that provide to the people of Virginia Beach districts that are contiguous and compact, with the maximum and fairest representation with six delegates with no crossing of municipal boundary lines and a majority position for the seventh seat; and two senators with no crossing of municipal boundary lines and a majority position as to the third senator; and the City requests that the seventh delegate and the third senator be from an area as similar to Virginia Beach as possible." - 38 - Item III-K.6. NEW BUSINESS ITEM # 34213 ADD-ON Councilman Baum distributed a diagram concerning buffer strips in Virginia Beach's Southern Watersheds. Someone should explain what buffer s rips in the Southern Watershed are intended to accomplish. Councilman Baum also distributed an article in the FARM PRESS, 0 Wednesday, March 6, 1991, entitled: "Southeast Commentary - Wetland rules in erpretation take advantage of landowner". Whether the environmental movement is sound or not, when an individual's property values are stripped, this entai s the Fifth Amendment which too many environmentalists are ignoring. Councilman Baum inquired whether the one site in Camden County w'th suitable soil for a landfill had a problem. The City Manager referenced ther is a study underway and he will advise. Councilman Baum had inquired of Durw od Curling, Executive Director Southeastern Public Service Authority 0 Virginia, relative the sites examined for possible landfills. Out of 89 po sible sites investigated, 87 were disallowed. There were only two which appea ed to offer any reasonable possibility, one in Chesapeake and one in Camden ounty which the Corps had determined were not non-tidal wetlands. The one in C mden County proved to be the least expensive alternative. Councilman Baum believed many of the delineation manuals were artificial and needed to be reexamined. The basic premise of the Clean Water Act as supposed to keep soil and other contaminates from getting into navigable waters. It makes sense to include marsh, swamp land and bogs as these bod' es usually adjoined them. The environmentalists still keep repeating swamp and, marsh land, bogs and similar areas. These other areas are not similar. - 3-EP - Item III-L.1 ADJOURNMENT ITEM # 34214 Upon motion by Vice Mayor Fentress, and BY CONSENSUS, City Counc 1 ADJOURNED the Meeting at 4:55 P.M. (;:!7~ I) 0',;..,p Beve y O. Hooks Chief Deputy City Clerk ~~~ th Hodge Smith, CMC City Clerk City of Virginia Beach Virginia ~ M~_~\'" 1') 1001